An amendment numbered 9 printed in House Report 111-182 to provide that it is U.S. policy to continue missile defense testing. It would increase funding for the Missile Defense Agency by $1.2 billion. Offsetting reductions would come from defense environmental cleanup.

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

  The SPEAKER pro tempore. Pursuant to House Resolution 572 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 2647.

[[Page H7258]]

                              {time}  1034


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 2647) to authorize appropriations for fiscal year 2010
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 2010, and for other
purposes, with Mr. Serrano (Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Wednesday,
June 24, 2009, all time for general debate had expired.
  Pursuant to the rule, the amendment in the nature of a substitute
printed in the bill is considered as an original bill for the purpose
of amendment and is considered read.
  The text of the amendment in the nature of a substitute is as
follows:

                               H.R. 2647

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Defense
     Authorization Act for Fiscal Year 2010''.

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

       (a) Divisions.--This Act is organized into three divisions
     as follows:
       (1) Division A--Department of Defense Authorizations.
       (2) Division B--Military Construction Authorizations.
       (3) Division C--Department of Energy National Security
     Authorizations and Other Authorizations.
       (b) Table of Contents.--The table of contents for this Act
     is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Rapid Acquisition Fund.

                       Subtitle B--Army Programs

Sec. 111. Restriction on obligation of funds for army tactical radio
              systems.
Sec. 112. Procurement of future combat systems spin out early-infantry
              brigade combat team equipment.

                       Subtitle C--Navy Programs

Sec. 121. Littoral combat ship program.
Sec. 122. Ford-class aircraft carrier report and limitation on use of
              funds.
Sec. 123. Advance procurement funding.
Sec. 124. Multiyear procurement authority for F/A-18E, F/A-18F, and EA-
              18G aircraft.
Sec. 125. Multiyear procurement authority for DDG-51 Burke-class
              destroyers.

                     Subtitle D--Air Force Programs

Sec. 131. Repeal of certification requirement for F-22A fighter
              aircraft.
Sec. 132. Preservation and storage of unique tooling for F-22 fighter
              aircraft.
Sec. 133. Report on 4.5 generation fighter procurement.
Sec. 134. Reports on strategic airlift aircraft.
Sec. 135. Strategic airlift force structure.
Sec. 136. Repeal of requirement to maintain certain retired C-130E
              aircraft.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor procurement.
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.

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

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on obligation of funds for the Navy Next
              Generation Enterprise Network.
Sec. 212. Limitation on expenditure of funds for Joint Multi-Mission
              Submersible program.
Sec. 213. Separate program elements required for research and
              development of individual body armor and associated
              components.
Sec. 214. Separate procurement and research, development, test and
              evaluation line items and program elements for the F-35B
              and F-35C joint strike fighter aircraft.
Sec. 215. Restriction on obligation of funds pending submission of
              Selected Acquisition Report.
Sec. 216. Restriction on obligation of funds for Future Combat Systems
              program pending receipt of report.
Sec. 217. Limitation of the obligation of funds for the Net-Enabled
              Command and Control system.
Sec. 218. Limitation on obligation of funds for F-35 Lightning II
              program.
Sec. 219. Programs required to provide the Army with ground combat
              vehicle and self-propelled artillery capabilities.

                  Subtitle C--Missile Defense Programs

Sec. 221. Integrated Air and Missile Defense System project.
Sec. 222. Ground-based midcourse defense sustainment and modernization
              program.
Sec. 223. Limitation on availability of funds for acquisition or
              deployment of missile defenses in Europe.
Sec. 224. Sense of Congress reaffirming continued support for
              protecting the United States against limited ballistic
              missile attacks whether accidental, unauthorized, or
              deliberate.
Sec. 225. Ascent phase missile defense strategy.
Sec. 226. Availability of funds for a missile defense system for Europe
              and the United States.

                          Subtitle D--Reports

Sec. 231. Comptroller General assessment of coordination of energy
              storage device requirements and investments.
Sec. 232. Annual Comptroller General report on the F-35 Lightning II
              aircraft acquisition program.
Sec. 233. Report on integration of Department of Defense intelligence,
              surveillance, and reconnaissance capabilities.
Sec. 234. Report on future research and development of man-portable and
              vehicle-mounted guided missile systems.

                       Subtitle E--Other Matters

Sec. 241. Access of the Director of the Test Resource Management Center
              to Department of Defense information.
Sec. 242. Inclusion in annual budget request and future-years defense
              program of sufficient amounts for continued development
              and procurement of competitive propulsion system for F-35
              Lightning II.
Sec. 243. Establishment of program to enhance participation of
              historically black colleges and universities and
              minority-serving institutions in defense research
              programs.
Sec. 244. Extension of authority to award prizes for advanced
              technology achievements.
Sec. 245. Executive Agent for Advanced Energetics.
Sec. 246. Study on thorium-liquid fueled reactors for naval forces.
Sec. 247. Visiting NIH Senior Neuroscience Fellowship Program.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

Sec. 311. Clarification of requirement for use of available funds for
              Department of Defense participation in conservation
              banking programs.
Sec. 312. Reauthorization of title I of Sikes Act.
Sec. 313. Authority of Secretary of a military department to enter into
              interagency agreements for land management on Department
              of Defense installations.
Sec. 314. Reauthorization of pilot program for invasive species
              management for military installations in Guam.
Sec. 315. Reimbursement of Environmental Protection Agency for certain
              costs in connection with the Former Nansemond Ordnance
              Depot Site, Suffolk, Virginia.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Public-private competition required before conversion of any
              Department of Defense function performed by civilian
              employees to contractor performance.
Sec. 322. Time limitation on duration of public-private competitions.
Sec. 323. Inclusion of installation of major modifications in
              definition of depot-level maintenance and repair.
Sec. 324. Modification of authority for Army industrial facilities to
              engage in cooperative activities with non-Army entities.
Sec. 325. Cost-benefit analysis of alternatives for performance of
              planned maintenance interval events and concurrent
              modifications performed on the AV-8B Harrier weapons
              system.
Sec. 326. Termination of certain public-private competitions for
              conversion of Department of Defense functions to
              performance by a contractor.
Sec. 327. Temporary suspension of public-private competitions for
              conversion of Department of Defense functions to
              performance by a contractor.
Sec. 328. Requirement for debriefings related to conversion of
              functions from performance by Federal employees to
              performance by a contractor.
Sec. 329. Amendments to bid protest procedures by Federal employees and
              agency officials in conversions of functions from
              performance by Federal employees to performance by a
              contractor.

                      Subtitle D--Energy Security

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

[[Page H7259]]

Sec. 332. Report on implementation of Comptroller General
              recommendations on fuel demand management at forward-
              deployed locations.
Sec. 333. Consideration of renewable fuels.
Sec. 334. Department of Defense goal regarding procurement of renewable
              aviation fuels.

                          Subtitle E--Reports

Sec. 341. Annual report on procurement of military working dogs.

                       Subtitle F--Other Matters

Sec. 351. Authority for airlift transportation at Department of Defense
              rates for non-Department of Defense Federal cargoes.
Sec. 352. Requirements for standard ground combat uniform.
Sec. 353. Restriction on use of funds for counterthreat finance
              efforts.
Sec. 354. Limitation on obligation of funds pending submission of
              classified justification material.
Sec. 355. Condition-based maintenance demonstration programs.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
              levels.
Sec. 403. Additional authority for increases of Army active duty end
              strengths for fiscal years 2011 and 2012.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
              Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2010 limitation on number of non-dual status
              technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
              active duty for operational support.
Sec. 416. Submission of options for creation of Trainees, Transients,
              Holdees, and Students account for Army National Guard.

              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.
Sec. 422. Repeal of delayed one-time shift of military retirement
              payments.

                   TITLE V--MILITARY PERSONNEL POLICY

            Subtitle A--Military Personnel Policy Generally

Sec. 501. Extension of temporary increase in maximum number of days'
              leave members may accumulate and carryover.
Sec. 502. Rank requirement for officer serving as Chief of the Navy
              Dental Corps to correspond to Army and Air Force
              requirements.
Sec. 503. Computation of retirement eligibility for enlisted members of
              the Navy who complete the Seaman to Admiral (STA-21)
              officer candidate program.

         Subtitle B--Joint Qualified Officers and Requirements

Sec. 511. Revisions to annual reporting requirement on joint officer
              management.

                Subtitle C--General Service Authorities

Sec. 521. Medical examination required before separation of members
              diagnosed with or asserting post-traumatic stress
              disorder or traumatic brain injury.
Sec. 522. Evaluation of test of utility of test preparation guides and
              education programs in improving qualifications of
              recruits for the Armed Forces.
Sec. 523. Inclusion of email address on Certificate of Release or
              Discharge from Active Duty (DD Form 214).

                   Subtitle D--Education and Training

Sec. 531. Appointment of persons enrolled in Advanced Course of the
              Army Reserve Officers' Training Corps at military junior
              colleges as cadets in Army Reserve or Army National Guard
              of the United States.
Sec. 532. Increase in number of private sector civilians authorized for
              admission to National Defense University.
Sec. 533. Appointments to military service academies from nominations
              made by Delegate from the Commonwealth of the Northern
              Mariana Islands.
Sec. 534. Pilot program to establish and evaluate Language Training
              Centers for members of the Armed Forces and civilian
              employees of the Department of Defense.
Sec. 535. Use of Armed Forces Health Professions Scholarship and
              Financial Assistance program to increase number of health
              professionals with skills to assist in providing mental
              health care.
Sec. 536. Establishment of Junior Reserve Officer's Training Corps
              units for students in grades above sixth grade.

               Subtitle E--Defense Dependents' Education

Sec. 551. Continuation of authority to assist local educational
              agencies that benefit dependents of members of the Armed
              Forces and Department of Defense civilian employees.
Sec. 552. Determination of number of weighted student units for local
              educational agencies for receipt of basic support
              payments under impact aid.
Sec. 553. Permanent authority for enrollment in defense dependents'
              education system of dependents of foreign military
              members assigned to Supreme Headquarters Allied Powers,
              Europe.

                Subtitle F--Missing or Deceased Persons

Sec. 561. Additional requirements for accounting for members of the
              Armed Forces and Department of Defense civilian employees
              listed as missing in conflicts occurring before enactment
              of new system for accounting for missing persons.
Sec. 562. Clarification of guidelines regarding return of remains and
              media access at ceremonies for the dignified transfer of
              remains at Dover Air Force Base.

                   Subtitle G--Decorations and Awards

Sec. 571. Award of Vietnam Service Medal to veterans who participated
              in Mayaguez rescue operation.
Sec. 572. Authorization and request for award of Medal of Honor to
              Anthony T. Koho'ohanohano for acts of valor during the
              Korean War.
Sec. 573. Authorization and request for award of distinguished-service
              cross to Jack T. Stewart for acts of valor during the
              Vietnam War.
Sec. 574. Authorization and request for award of distinguished-service
              cross to William T. Miles, Jr., for acts of valor during
              the Korean War.

                     Subtitle H--Military Families

Sec. 581. Pilot program to secure internships for military spouses with
              Federal agencies.
Sec. 582. Report on progress made in implementing recommendations to
              reduce domestic violence in military families.
Sec. 583. Modification of Servicemembers Civil Relief Act regarding
              termination or suspension of service contracts and effect
              of violation of interest rate limitation.
Sec. 584. Protection of child custody arrangements for parents who are
              members of the armed forces deployed in support of a
              contingency operation.
Sec. 585. Definitions in Family and Medical Leave Act of 1993 related
              to active duty, servicemembers, and related matters.

                       Subtitle I--Other Matters

Sec. 591. Navy grants to Naval Sea Cadet Corps.
Sec. 592. Improved response and investigation of allegations of sexual
              assault involving members of the Armed Forces.
Sec. 593. Modification of matching fund requirements under National
              Guard Youth Challenge Program.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2010 increase in military basic pay.
Sec. 602. Special monthly compensation allowance for members with
              combat-related catastrophic injuries or illnesses pending
              their retirement or separation for physical disability.
Sec. 603. Stabilization of pay and allowances for senior enlisted
              members and warrant officers appointed as officers and
              officers reappointed in a lower grade.
Sec. 604. Report on housing standards used to determine basic allowance
              for housing.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay
              authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
              authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
              nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
              consolidated special pay, incentive pay, and bonus
              authorities.
Sec. 615. One-year extension of authorities relating to payment of
              other title 37 bonuses and special pay.
Sec. 616. One-year extension of authorities relating to payment of
              referral bonuses.
Sec. 617. Technical corrections and conforming amendments to reconcile
              conflicting amendments regarding continued payment of
              bonuses and similar benefits for certain members.
Sec. 618. Proration of certain special and incentive pays to reflect
              time during which a member satisfies eligibility
              requirements for the special or incentive pay.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Transportation of additional motor vehicle of members on
              change of permanent station to or from nonforeign areas
              outside the continental United States.
Sec. 632. Travel and transportation allowances for designated
              individuals of wounded, ill, or injured members for
              duration of inpatient treatment.

[[Page H7260]]

Sec. 633. Authorized travel and transportation allowances for non-
              medical attendants for very seriously and seriously
              wounded, ill, or injured members.
Sec. 634. Increased weight allowance for transportation of baggage and
              household effects for certain enlisted members.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Recomputation of retired pay and adjustment of retired grade
              of Reserve retirees to reflect service after retirement.
Sec. 642. Election to receive retired pay for non-regular service upon
              retirement for service in an active reserve status
              performed after attaining eligibility for regular
              retirement.

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

Sec. 651. Additional exception to limitation on use of appropriated
              funds for Department of Defense golf courses.
Sec. 652. Limitation on Department of Defense entities offering
              personal information services to members and their
              dependents.
Sec. 653. Report on impact of purchasing from local distributors all
              alcoholic beverages for resale on military installations
              on Guam.

                       Subtitle F--Other Matters

Sec. 661. Limitations on collection of overpayments of pay and
              allowances erroneously paid to members.
Sec. 662. Army authority to provide additional recruitment incentives.
Sec. 663. Benefits under Post-Deployment/Mobilization Respite Absence
              program for certain periods before implementation of
              program.
Sec. 664. Sense of Congress regarding support for compensation,
              retirement, and other military personnel programs.

                   TITLE VII--HEALTH CARE PROVISIONS

              Subtitle A--Improvements to Health Benefits

Sec. 701. Prohibition on conversion of military medical and dental
              positions to civilian medical and dental positions.
Sec. 702. Chiropractic health care for members on active duty.
Sec. 703. Expansion of survivor eligibility under TRICARE dental
              program.
Sec. 704. TRICARE standard coverage for certain members of the Retired
              Reserve who are qualified for a non-regular retirement
              but are not yet age 60.
Sec. 705. Cooperative health care agreements between military
              installations and non-military health care systems.
Sec. 706. Health care for members of the reserve components.
Sec. 707. National casualty care research center.

                          Subtitle B--Reports

Sec. 711. Report on post-traumatic stress disorder efforts.
Sec. 712. Report on the feasibility of TRICARE Prime in certain
              commonwealths and territories of the United States.
Sec. 713. Report on the health care needs of military family members.
Sec. 714. Report on stipends for members of reserve components for
              health care for certain dependents.
Sec. 715. Report on the required number of military mental health
              providers.

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

             Subtitle A--Acquisition Policy and Management

Sec. 801. Temporary authority to acquire products and services produced
              in countries along a major route of supply to
              Afghanistan; Report.
Sec. 802. Assessment of improvements in service contracting.
Sec. 803. Display of annual budget requirements for procurement of
              contract services and related clarifying technical
              amendments.
Sec. 804. Demonstration authority for alternative acquisition process
              for defense information technology programs.
Sec. 805. Limitation on performance of product support integrator
              functions.

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

Sec. 811. Revision of Defense Supplement relating to payment of costs
              prior to definitization.
Sec. 812. Revisions to definitions relating to contracts in Iraq and
              Afghanistan.
Sec. 813. Amendment to notification requirements for awards of single
              source task or delivery orders.
Sec. 814. Clarification of uniform suspension and debarment
              requirement.
Sec. 815. Extension of authority for use of simplified acquisition
              procedures for certain commercial items.
Sec. 816. Revision to definitions of major defense acquisition program
              and major automated information system.
Sec. 817. Small Arms Production Industrial Base.
Sec. 818. Publication of justification for bundling of contracts of the
              Department of Defense.
Sec. 819. Contract authority for advanced component development or
              prototype units.

                       Subtitle C--Other Matters

Sec. 821. Enhanced expedited hiring authority for defense acquisition
              workforce positions.
Sec. 822. Acquisition Workforce Development Fund amendments.
Sec. 823. Reports to Congress on full deployment decisions for major
              automated information system programs.
Sec. 824. Requirement for Secretary of Defense to deny award and
              incentive fees to companies found to jeopardize health or
              safety of Government personnel.
Sec. 825. Authorization for actions to correct the industrial resource
              shortfall for high-purity beryllium metal in amounts not
              in excess of $85,000,000.
Sec. 826. Review of post employment restrictions applicable to the
              Department of Defense.
Sec. 827. Requirement to buy military decorations, ribbons, badges,
              medals, insignia, and other uniform accouterments
              produced in the United States.
Sec. 828. Findings and report on the usage of rare earth materials in
              the defense supply chain.
Sec. 829. Furniture standards.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Role of commander of special operations command regarding
              personnel management policy and plans affecting special
              operations forces.
Sec. 902. Special operations activities.
Sec. 903. Redesignation of the Department of the Navy as the Department
              of the Navy and Marine Corps.
Sec. 904. Authority to allow private sector civilians to receive
              instruction at Defense Cyber Investigations Training
              Academy of the Defense Cyber Crime Center.
Sec. 905. Organizational structure of the Office of the Assistant
              Secretary of Defense for Health Affairs and the TRICARE
              Management Activity.
Sec. 906. Requirement for Director of Operational Energy Plans and
              Programs to report directly to Secretary of Defense.
Sec. 907. Increased flexibility for Combatant Commander Initiative
              Fund.
Sec. 908. Repeal of requirement for a Deputy Under Secretary of Defense
              for Technology Security Policy within the Office of the
              Under Secretary of Defense for Policy.
Sec. 909. Recommendations to Congress by members of Joint Chiefs of
              Staff.

                      Subtitle B--Space Activities

Sec. 911. Submission and review of space science and technology
              strategy.
Sec. 912. Converting the space surveillance network pilot program to a
              permanent program.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Plan to address foreign ballistic missile intelligence
              analysis.

                       Subtitle D--Other Matters

Sec. 931. Joint Program Office for Cyber Operations Capabilities.
Sec. 932. Defense Integrated Military Human Resources System Transition
              Council.
Sec. 933. Department of Defense School of Nursing revisions.
Sec. 934. Report on special operations command organization, manning,
              and management.
Sec. 935. Study on the recruitment, retention, and career progression
              of uniformed and civilian military cyber operations
              personnel.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Incorporation of funding decisions into law.

       Subtitle B--Counter-Drug and Counter-Terrorism Activities

Sec. 1011. One-year extension of Department of Defense counter-drug
              authorities and requirements.
Sec. 1012. Joint task forces support to law enforcement agencies
              conducting counter-terrorism activities.
Sec. 1013. Border coordination centers in Afghanistan and Pakistan.
Sec. 1014. Comptroller General report on effectiveness of
              accountability measures for assistance from counter-
              narcotics central transfer account.

         Subtitle C--Miscellaneous Authorities and Limitations

Sec. 1021. Operational procedures for experimental military prototypes.
Sec. 1022. Temporary reduction in minimum number of operational
              aircraft carriers.

[[Page H7261]]

Sec. 1023. Limitation on use of funds for the transfer or release of
              individuals detained at United States Naval Station,
              Guantanamo Bay, Cuba.
Sec. 1024. Charter for the National Reconnaissance Office.

                    Subtitle D--Studies and Reports

Sec. 1031. Report on statutory compliance of the report on the 2009
              quadrennial defense review.
Sec. 1032. Report on the force structure findings of the 2009
              quadrennial defense review.
Sec. 1033. Sense of Congress and amendment relating to quadrennial
              defense review.
Sec. 1034. Strategic review of basing plans for United States European
              Command.
Sec. 1035. National Defense Panel.
Sec. 1036. Report required on notification of detainees of rights under
              Miranda v. Arizona.
Sec. 1037. Annual report on the electronic warfare strategy of the
              Department of Defense.
Sec. 1038. Studies to analyze alternative models for acquisition and
              funding of technologies supporting network-centric
              operations.

                       Subtitle E--Other Matters

Sec. 1041. Prohibition relating to propaganda.
Sec. 1042. Extension of certain authority for making rewards for
              combating terrorism.
Sec. 1043. Technical and clerical amendments.
Sec. 1044. Repeal of pilot program on commercial fee-for-service air
              refueling support for the Air Force.
Sec. 1045. Extension of sunset for congressional commission on the
              strategic posture of the United States.
Sec. 1046. Authorization of appropriations for payments to Portuguese
              nationals employed by the Department of Defense.
Sec. 1047. Combat air forces restructuring.
Sec. 1048. Sense of Congress honoring the Honorable Ellen O. Tauscher.
Sec. 1049. Sense of Congress concerning the disposition of Submarine
              NR-1.
Sec. 1050. Compliance with requirement for plan on the disposition of
              detainees at Naval Station, Guantanamo Bay, Cuba.
Sec. 1051. Sense of Congress regarding carrier air wing force
              structure.
Sec. 1052. Sense of Congress on Department of Defense financial
              improvement and audit readiness; plan.
Sec. 1053. Justice for victims of torture and terrorism.
Sec. 1054. Repeal of certain laws pertaining to the Joint Committee for
              the Review of Counterproliferation Programs of the United
              States.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority to employ individuals completing the National
              Security Education Program.
Sec. 1102. Authority for employment by Department of Defense of
              individuals who have successfully completed the
              requirements of the science, mathematics, and research
              for transformation (SMART) defense scholarship program.
Sec. 1103. Authority for the employment of individuals who have
              successfully completed the Department of Defense
              information assurance scholarship program.
Sec. 1104. Additional personnel authorities for the Special Inspector
              General for Afghanistan Reconstruction.
Sec. 1105. One-year extension of authority to waive annual limitation
              on premium pay and aggregate limitation on pay for
              Federal civilian employees working overseas.
Sec. 1106. Extension of certain benefits to Federal civilian employees
              on official duty in Pakistan.
Sec. 1107. Authority to expand scope of provisions relating to
              unreduced compensation for certain reemployed annuitants.
Sec. 1108. Requirement for Department of Defense strategic workforce
              plans.
Sec. 1109. Adjustments to limitations on personnel and requirement for
              annual manpower reporting.
Sec. 1110. Modification to Department of Defense laboratory personnel
              authority.
Sec. 1111. Pilot program for the temporary exchange of information
              technology personnel.
Sec. 1112. Provisions relating to the National Security Personnel
              System.
Sec. 1113. Provisions relating to the Defense Civilian Intelligence
              Personnel System.
Sec. 1114. Sense of Congress on pay parity for Federal employees
              service at Joint Base McGuire/Dix/Lakehurst.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Modification and extension of authority for security and
              stabilization assistance.
Sec. 1202. Increase of authority for support of special operations to
              combat terrorism.
Sec. 1203. Modification of report on foreign-assistance related
              programs carried out by the Department of Defense.
Sec. 1204. Report on authorities to build the capacity of foreign
              military forces and related matters.

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

Sec. 1211. Limitation on availability of funds for certain purposes
              relating to Iraq.
Sec. 1212. Reauthorization of Commanders' Emergency Response Program.
Sec. 1213. Reimbursement of certain Coalition nations for support
              provided to United States military operations.
Sec. 1214. Pakistan Counterinsurgency Fund.
Sec. 1215. Program to provide for the registration and end-use
              monitoring of defense articles and defense services
              transferred to Afghanistan and Pakistan.
Sec. 1216. Reports on campaign plans for Iraq and Afghanistan.
Sec. 1217. Required assessments of United States efforts in
              Afghanistan.
Sec. 1218. Report on responsible redeployment of United States Armed
              Forces from Iraq.
Sec. 1219. Report on Afghan Public Protection Program.
Sec. 1220. Updates of report on command and control structure for
              military forces operating in Afghanistan.
Sec. 1221. Report on payments made by United States Armed Forces to
              residents of Afghanistan as compensation for losses
              caused by United States military operations.
Sec. 1222. Assessment and report on United States-Pakistan military
              relations and cooperation.
Sec. 1223. Required assessments of progress toward security and
              stability in Pakistan.
Sec. 1224. Repeal of GAO war-related reporting requirement.
Sec. 1225. Plan to govern the disposition of specified defense items in
              Iraq.
Sec. 1226. Civilian ministry of defense advisor program.
Sec. 1227. Report on the status of interagency coordination in the
              Afghanistan and Operation Enduring Freedom theater of
              operations.
Sec. 1228. Sense of Congress supporting United States policy for
              Afghanistan.
Sec. 1229. Analysis of required force levels and types of forces needed
              to secure southern and eastern regions of Afghanistan.

                       Subtitle C--Other Matters

Sec. 1231. NATO Special Operations Coordination Center.
Sec. 1232. Annual report on military power of the Islamic Republic of
              Iran.
Sec. 1233. Annual report on military and security developments
              involving the People's Republic of China.
Sec. 1234. Report on impacts of drawdown authorities on the Department
              of Defense.
Sec. 1235. Risk assessment of United States space export control
              policy.
Sec. 1236. Patriot air and missile defense battery in Poland.
Sec. 1237. Report on potential foreign military sales of the F-22A
              fighter aircraft to Japan.
Sec. 1238. Expansion of United States-Russian Federation joint center
              to include exchange of data on missile defense.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and
              funds.
Sec. 1302. Funding allocations.
Sec. 1303. Utilization of contributions to the Cooperative Threat
              Reduction Program.
Sec. 1304. National Academy of Sciences study of metrics for the
              Cooperative Threat Reduction Program.
Sec. 1305. Cooperative Threat Reduction program authority for urgent
              threat reduction activities.
Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts
              Program.

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Extension of previously authorized disposal of cobalt from
              National Defense Stockpile.
Sec. 1413. Report on implementation of reconfiguration of the National
              Defense Stockpile.

                Subtitle C--Armed Forces Retirement Home

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

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

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Limitation on obligation of funds for Joint Improvised
              Explosive Device Defeat Organization pending report to
              Congress.

[[Page H7262]]

Sec. 1505. Navy and Marine Corps procurement.
Sec. 1506. Air Force procurement.
Sec. 1507. Defense-wide activities procurement.
Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Working capital funds.
Sec. 1512. Military personnel.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Iraq Freedom Fund.
Sec. 1515. Other Department of Defense programs.
Sec. 1516. Limitations on Iraq Security Forces Fund.
Sec. 1517. Continuation of prohibition on use of United States funds
              for certain facilities projects in Iraq.
Sec. 1518. Special transfer authority.
Sec. 1519. Treatment as additional authorizations.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
              specified by law.
Sec. 2003. Effective date.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
              2009 project.
Sec. 2106. Extension of authorizations of certain fiscal year 2006
              projects.

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification and extension of authority to carry out certain
              fiscal year 2006 project.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition
              projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2007
              projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2006
              projects.

                      TITLE XXIV--DEFENSE AGENCIES

               Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land
              acquisition projects.
Sec. 2402. Authorization of appropriations, Defense Agencies.
Sec. 2403. Modification of authority to carry out certain fiscal year
              2008 project.
Sec. 2404. Modification of authority to carry out certain fiscal year
              2009 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2007
              project.

          Subtitle B--Chemical Demilitarization Authorizations

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

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
                                PROGRAM

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

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

Sec. 2701. Authorization of appropriations for base closure and
              realignment activities funded through Department of
              Defense Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded
              through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
              realignment activities funded through Department of
              Defense Base Closure Account 2005.

        Subtitle B--Amendments to Base Closure and Related Laws

Sec. 2711. Use of economic development conveyances to implement base
              closure and realignment property recommendations.

                       Subtitle C--Other Matters

Sec. 2721. Sense of Congress on ensuring joint basing recommendations
              do not adversely affect operational readiness.
Sec. 2722. Modification of closure instructions regarding Paul Doble
              Army Reserve Center, Portsmouth, New Hampshire.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Modification of unspecified minor construction authorities.
Sec. 2802. Congressional notification of facility repair projects
              carried out using operation and maintenance funds.
Sec. 2803. Authorized scope of work variations for military
              construction projects and military family housing
              projects.
Sec. 2804. Imposition of requirement that acquisition of reserve
              component facilities be authorized by law.
Sec. 2805. Report on Department of Defense contributions to States for
              acquisition, construction, expansion, rehabilitation, or
              conversion of reserve component facilities.
Sec. 2806. Authority to use operation and maintenance funds for
              construction projects inside the United States Central
              Command area of responsibility.
Sec. 2807. Expansion of First Sergeants Barracks Initiative.
Sec. 2808. Reports on privatization initiatives for military
              unaccompanied housing.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Imposition of requirement that leases of real property to
              the United States with annual rental costs of more than
              $750,000 be authorized by law.
Sec. 2812. Consolidation of notice-and-wait requirements applicable to
              leases of real property owned by the United States.
Sec. 2813. Clarification of authority of military departments to
              acquire low-cost interests in land and interests in land
              when need is urgent.
Sec. 2814. Modification of utility systems conveyance authority.
Sec. 2815. Decontamination and use of former bombardment area on island
              of Culebra.
Sec. 2816. Disposal of excess property of Armed Forces Retirement Home.
Sec. 2817. Acceptance of contributions to support cleanup efforts at
              former Almaden Air Force Station, California.
Sec. 2818. Limitation on establishment of Navy outlying landing fields.
Sec. 2819. Prohibition on outlying landing field at Sandbanks or Hale's
              Lake, North Carolina, for Oceana Naval Air Station.
Sec. 2820. Selection of military installations to serve as locations of
              brigade combat teams.

           Subtitle C--Provisions Related to Guam Realignment

Sec. 2831. Role of Under Secretary of Defense for Policy in management
              and coordination of Department of Defense activities
              relating to Guam realignment.
Sec. 2832. Clarifications regarding use of special purpose entities to
              assist with Guam realignment.
Sec. 2833. Workforce issues related to military construction and
              certain other transactions on Guam.
Sec. 2834. Composition of workforce for construction projects funded
              through the Support for United States Relocation to Guam
              Account.
Sec. 2835. Interagency Coordination Group of Inspector Generals for
              Guam Realignment.
Sec. 2836. Compliance with Naval Aviation Safety requirements as
              condition on acceptance of replacement facility for
              Marine Corps Air Station, Futenma, Okinawa.
Sec. 2837. Report and sense of Congress on Marine Corps training
              requirements in Asia-Pacific region.

                      Subtitle D--Energy Security

Sec. 2841. Adoption of unified energy monitoring and management system
              specification for military construction and military
              family housing activities.
Sec. 2842. Department of Defense use of electric and hybrid motor
              vehicles.
Sec. 2843. Department of Defense goal regarding use of renewable energy
              sources to meet facility energy needs.
Sec. 2844. Comptroller General report on Department of Defense
              renewable energy initiatives.

[[Page H7263]]

Sec. 2845. Study on development of nuclear power plants on military
              installations.

                      Subtitle E--Land Conveyances

Sec. 2851. Transfer of administrative jurisdiction, Port Chicago Naval
              Magazine, California.
Sec. 2852. Land conveyances, Naval Air Station, Barbers Point, Hawaii.
Sec. 2853. Modification of land conveyance, former Griffiss Air Force
              Base, New York.
Sec. 2854. Land conveyance, Army Reserve Center, Chambersburg,
              Pennsylvania.
Sec. 2855. Land conveyance, Naval Air Station Oceana, Virginia.
Sec. 2856. Land conveyance, Haines Tank Farm, Haines, Alaska.
Sec. 2857. Completion of land exchange and consolidation, Fort Lewis,
              Washington.

                       Subtitle F--Other Matters

Sec. 2871. Revised authority to establish national monument to honor
              United States Armed Forces working dog teams.
Sec. 2872. Naming of child development center at Fort Leonard Wood,
              Missouri, in honor of Mr. S. Lee Kling.
Sec. 2873. Conditions on establishment of Cooperative Security Location
              in Palanquero, Colombia.
Sec. 2874. Military activities at United States Marine Corps Mountain
              Warfare Training Center.

   TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
                             AUTHORIZATIONS

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
              projects.
Sec. 2903. Construction authorization for facilities for Office of
              Defense Representative-Pakistan.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Stockpile stewardship program.
Sec. 3112. Stockpile management program.
Sec. 3113. Plan for execution of stockpile stewardship and stockpile
              management programs.
Sec. 3114. Dual validation of annual weapons assessment and
              certification.
Sec. 3115. Annual long-term plan for the modernization and
              refurbishment of the nuclear security complex.

                          Subtitle C--Reports

Sec. 3121. Comptroller General review of management and operations
              contract costs for national security laboratories.
Sec. 3122. Plan to ensure capability to monitor, analyze, and evaluate
              foreign nuclear weapons activities.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2010.
Sec. 3502. Liquidation of unused leave balance at the United States
              Merchant Marine Academy.
Sec. 3503. Adjunct professors.
Sec. 3504. Maritime loan guarantee program.
Sec. 3505. Defense measures against unauthorized seizures of Maritime
              Security Fleet vessels.
Sec. 3506. Technical corrections to State maritime academies student
              incentive program.
Sec. 3507. Limitation on disposal of interest in certain vessels.

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Rapid Acquisition Fund.

                       Subtitle B--Army Programs

Sec. 111. Restriction on obligation of funds for army tactical radio
              systems.
Sec. 112. Procurement of future combat systems spin out early-infantry
              brigade combat team equipment.

                       Subtitle C--Navy Programs

Sec. 121. Littoral combat ship program.
Sec. 122. Ford-class aircraft carrier report and limitation on use of
              funds.
Sec. 123. Advance procurement funding.
Sec. 124. Multiyear procurement authority for F/A-18E, F/A-18F, and EA-
              18G aircraft.
Sec. 125. Multiyear procurement authority for DDG-51 Burke-class
              destroyers.

                     Subtitle D--Air Force Programs

Sec. 131. Repeal of certification requirement for F-22A fighter
              aircraft.
Sec. 132. Preservation and storage of unique tooling for F-22 fighter
              aircraft.
Sec. 133. Report on 4.5 generation fighter procurement.
Sec. 134. Reports on strategic airlift aircraft.
Sec. 135. Strategic airlift force structure.
Sec. 136. Repeal of requirement to maintain certain retired C-130E
              aircraft.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor procurement.
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.

              Subtitle A--Authorization of Appropriations

     SEC. 101. ARMY.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for procurement for the Army as follows:
       (1) For aircraft, $4,828,632,000.
       (2) For missiles, $1,320,109,000.
       (3) For weapons and tracked combat vehicles,
     $2,500,952,000.
       (4) For ammunition, $2,070,095,000.
       (5) For other procurement, $9,762,539,000.

     SEC. 102. NAVY AND MARINE CORPS.

       (a) Navy.--Funds are hereby authorized to be appropriated
     for fiscal year 2010 for procurement for the Navy as follows:
       (1) For aircraft, $18,102,112,000.
       (2) For weapons, including missiles and torpedoes,
     $3,453,455,000.
       (3) For shipbuilding and conversion, $13,786,867,000.
       (4) For other procurement, $5,689,176,000.
       (b) Marine Corps.--Funds are hereby authorized to be
     appropriated for fiscal year 2010 for procurement for the
     Marine Corps in the amount of $1,712,138,000.
       (c) Navy and Marine Corps Ammunition.--Funds are hereby
     authorized to be appropriated for fiscal year 2010 for
     procurement of ammunition for the Navy and the Marine Corps
     in the amount of $840,675,000.

     SEC. 103. AIR FORCE.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for procurement for the Air Force as follows:
       (1) For aircraft, $11,991,991,000.
       (2) For ammunition, $822,462,000.
       (3) For missiles, $6,211,628,000.
       (4) For other procurement, $17,299,841,000.

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for Defense-wide procurement in the amount of
     $4,150,562,000.

     SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for the procurement of aircraft, missiles, wheeled
     and tracked combat vehicles, tactical wheeled vehicles,
     ammunition, other weapons, and other procurement for the
     reserve components of the Armed Forces in the amount of
     $600,000,000.

     SEC. 106. RAPID ACQUISITION FUND.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for the Rapid Acquisition Fund in the amount of
     $55,000,000.

                       Subtitle B--Army Programs

     SEC. 111. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY
                   TACTICAL RADIO SYSTEMS.

       (a) Limitation on Obligation of Funds.--Except as provided
     in subsection (b), none of the funds authorized to be
     appropriated by this Act or otherwise made available for
     fiscal year 2010 for procurement, Army, may be obligated or
     expended for tactical radio systems.
       (b) Exceptions.--The limitation on obligation of funds in
     subsection (a) does not apply to the following:
       (1) A tactical radio system that is approved by the joint
     program executive officer of the joint tactical radio system
     if the Secretary of Defense notifies the congressional
     defense committees in writing of such approval.
       (2) A tactical radio system procured specifically to meet--
       (A) an operational need (as described in Army Regulation
     71-9 or a successor regulation); or
       (B) a joint urgent operational need (as described in
     Chairman of the Joint Chiefs of Staff Instruction 3470.01 or
     a successor instruction).
       (3) A tactical radio system for an unmanned ground vehicle
     system.
       (4) Commercially available tactical radios with joint
     tactical radio system capabilities.

     SEC. 112. PROCUREMENT OF FUTURE COMBAT SYSTEMS SPIN OUT
                   EARLY-INFANTRY BRIGADE COMBAT TEAM EQUIPMENT.

       (a) Limitation on Low-Rate Initial Production Quantities.--
     Notwithstanding section 2400 of title 10, United States Code,
     with respect to covered Future Combat Systems equipment, the
     Secretary of Defense may procure for low-rate initial
     production only such equipment that is necessary for one
     brigade.
       (b) Limitation on Obligation of Funds.--Of the amounts
     authorized to be appropriated by this Act or otherwise made
     available for fiscal years 2010 or 2011 for the procurement
     of covered Future Combat Systems equipment, the Secretary of
     Defense may obligate or expend funds only for the procurement
     of such equipment that is necessary for one brigade.
       (c) Exception for Meeting Operational Need Statement
     Requirements.--The limitation on low-rate initial production
     in subsection (a) and the limitation on obligation of funds
     in

[[Page H7264]]

     subsection (b) do not apply if the procurement of covered
     Future Combat Systems equipment is specifically intended to
     address an operational need statement requirement.
       (d) Covered Future Combat Systems Equipment Defined.--For
     the purposes of this section, the term ``covered Future
     Combat Systems equipment'' means the following:
       (1) Future Combat Systems non-line of sight launcher
     systems.
       (2) Future Combat Systems unattended ground sensors.
       (3) Future Combat Systems class I unmanned aerial systems.
       (4) Future Combat Systems small unmanned ground vehicles.
       (5) Future Combat Systems integrated control system
     computers.
       (6) Any vehicular kits needed to integrate and operate a
     system listed in paragraph (1), (2), (3), (4), or (5).

                       Subtitle C--Navy Programs

     SEC. 121. LITTORAL COMBAT SHIP PROGRAM.

       (a) Limitation of Costs.--Except as provided in subsection
     (b) or (c), of the amounts authorized to be appropriated in
     this Act or otherwise made available for fiscal year 2010 or
     any fiscal year thereafter for the procurement of Littoral
     Combat Ship vessels, not more than $460,000,000 may be
     obligated or expended for each vessel procured (not including
     amounts obligated or expended for elements designated by the
     Secretary of the Navy as a mission package).
       (b) Specific Requirement for Fiscal Year 2010.--Of the
     amounts authorized to be appropriated in this Act or
     otherwise made available for fiscal year 2010 or any fiscal
     year thereafter for shipbuilding conversion, Navy, the
     Secretary of the Navy may obligate not more than $80,000,000
     to produce a technical data package for each type of Littoral
     Combat Ship vessel, if the Secretary--
       (1) is unable to--
       (A) submit to the congressional defense committees a
     certification under subsection (g) during fiscal year 2010;
     and
       (B) enter into a contract for the construction of a
     Littoral Combat Ship vessel in fiscal year 2010 because of
     the limitation of costs in section 124 of the National
     Defense Authorization Act for Fiscal Year 2006 (Public Law
     109-163; 119 Stat. 3157), as amended; or
       (2) is unable to enter into a contract for the construction
     of a Littoral Combat Ship vessel in fiscal year 2010 because
     of the limitation of costs in subsection (a) after submitting
     to the congressional defense committees a certification under
     subsection (g).
       (c) Adjustment of Limitation Amount.--With respect to the
     procurement of a Littoral Combat Ship vessel referred to in
     subsection (a), the Secretary may adjust the amount set forth
     in such subsection by the following:
       (1) The amounts of increases or decreases in costs
     attributable to economic inflation after September 30, 2009.
       (2) The amounts of increases or decreases in costs
     attributable to compliance with changes in Federal, State, or
     local laws enacted after September 30, 2009.
       (3) The amounts of outfitting costs and post-delivery costs
     incurred for the vessel.
       (4) The amounts of increases or decreases in costs
     attributable to the insertion of new technology into the
     vessel, as compared to the technology used in the first and
     second Littoral Combat Ship vessels procured by the
     Secretary, if the Secretary determines, and certifies to the
     congressional defense committees, that insertion of the new
     technology--
       (A) would lower the life-cycle cost of the vessel; or
       (B) is required to meet an emerging threat and the
     Secretary of Defense certifies to those committees that such
     threat poses grave harm to national security.
       (d) Annual Reports.--At the same time that the budget is
     submitted under section 1105(a) of title 31, United States
     Code, for each fiscal year, the Secretary shall submit to the
     congressional defense committees a report on Littoral Combat
     Ship vessels. Such report shall include the following:
       (1) Written notice of any change in the amount set forth in
     subsection (a) that is made under subsection (c).
       (2) Information, current as of the date of the report,
     regarding--
       (A) the content of any element of the vessels that is
     designated as a mission package;
       (B) the estimated cost of any such element; and
       (C) the total number of such elements anticipated.
       (3) Actual and estimated costs associated with--
       (A) the material and equipment for basic construction of
     each vessel; and
       (B) the material and equipment for propulsion, weapons, and
     communications systems of each vessel.
       (4) Actual and estimated man-hours of labor and labor rates
     associated with each vessel being procured (listed separately
     from any other man-hours and labor rates data).
       (5) Actual and estimated fees paid to contractors for
     meeting contractually obligated cost and schedule performance
     milestones.
       (e) Definitions.--In this section:
       (1) The term ``mission package'' means the interchangeable
     combat systems that deploy with a Littoral Combat Ship
     vessel.
       (2) The term ``technical data package'' means a compilation
     of detailed engineering plans for construction of a Littoral
     Combat Ship vessel.
       (f) Conforming Repeal.--Section 124 of the National Defense
     Authorization Act for Fiscal Year 2006 (Public Law 109-163)
     is repealed.
       (g) Effective Date.--
       (1) Limitation on costs.--Subsections (a) and (c) shall
     take effect on the date that is 15 days after the date on
     which the Secretary of the Navy certifies in writing to the
     congressional defense committees the following:
       (A) The Secretary has accepted delivery of the USS Freedom
     (LCS 1) and the USS Independence (LCS 2) following successful
     completion of acceptance trials.
       (B) The repeal of section 124 of the National Defense
     Authorization Act for Fiscal Year 2006 (Public Law 109-163;
     119 Stat. 3157) made by subsection (f) is necessary for the
     Secretary to--
       (i) award a contract for a Littoral Combat Ship vessel in
     fiscal year 2010; and
       (ii) maintain sufficient government oversight of the
     Littoral Combat Ship vessel program.
       (C) The Secretary has conducted a thorough analysis of the
     requirements for the performance, system, and design of both
     Littoral Combat Ship variants and determined that further
     changes to such requirements will not reduce--
       (i) the cost of either such variant; and
       (ii) the warfighting utility of such vessel.
       (D) A construction contract for a Littoral Combat Ship
     vessel in fiscal year 2010 will be awarded only to a
     contractor that--
       (i) with respect to a contract for the Littoral Combat Ship
     vessel awarded in fiscal year 2009--

       (I) is maintaining excellent cost and schedule performance;
     and
       (II) the Secretary determines that the affordability and
     efficiency of the construction of such a vessel are improving
     at a satisfactory rate; and

       (ii) based on the data available from the developmental and
     operational assessment testing of such contractor's vessel
     and associated mission packages, the Secretary, in
     consultation with the Chief of Naval Operations, has
     determined that it is in the best interest of the Navy to
     procure such additional Littoral Combat Ship vessels prior to
     the completion of operational test and evaluation.
       (E) With respect to funds that are available for
     shipbuilding and conversion, Navy, for fiscal year 2010 for
     the procurement of Littoral Combat Ship vessels--
       (i) such funds are sufficient to award contracts for three
     additional Littoral Combat Ship vessels; or
       (ii) if such funds are insufficient to award contracts for
     three additional Littoral Combat Ship vessels, the Secretary
     has the ability to promote competition for the Littoral
     Combat Ship vessels that are procured in order to ensure the
     best value to the Government.
       (2) Repeal.--The repeal of section 124 of the National
     Defense Authorization Act for Fiscal Year 2006 (Public Law
     109-163; 119 Stat. 3157) made by subsection (f) shall take
     effect on the date that is 15 days after the date on which
     the certification under paragraph (1) is received by the
     congressional defense committees.

     SEC. 122. FORD-CLASS AIRCRAFT CARRIER REPORT AND LIMITATION
                   ON USE OF FUNDS.

       (a) Report Required.--Not later than February 1, 2010, the
     Secretary of the Navy shall submit to the congressional
     defense committees a report on the effects of using a five-
     year interval for the construction of Ford-class aircraft
     carriers. The report shall include, at a minimum, an
     assessment of the effects of such interval on the following:
       (1) With respect to the supplier base--
       (A) the viability of the base, including suppliers exiting
     the market or other potential reductions in competition; and
       (B) cost increases to the Ford-class aircraft carrier
     program.
       (2) Training of individuals in trades related to ship
     construction.
       (3) Loss of expertise associated with ship construction.
       (4) The costs of--
       (A) any additional technical support or production planning
     associated with the start of construction;
       (B) material and labor;
       (C) overhead; and
       (D) other ship construction programs, including the costs
     of existing and future contracts.
       (b) Limitation on Use of Funds.--With respect to the
     aircraft carrier designated CVN-79, none of the amounts
     authorized to be appropriated for fiscal year 2010 for
     research, development, test, and evaluation or advance
     procurement for such aircraft carrier may be obligated or
     expended for activities that would limit the ability of the
     Secretary of the Navy to award a construction contract for--
       (1) such aircraft carrier in fiscal year 2012; or
       (2) the aircraft carrier designated CVN-80 in fiscal year
     2016.

     SEC. 123. ADVANCE PROCUREMENT FUNDING.

       (a) Advance Procurement.--With respect to a naval vessel
     for which amounts are authorized to be appropriated or
     otherwise made available for fiscal year 2010 or any fiscal
     year thereafter for advance procurement in shipbuilding and
     conversion, Navy, the Secretary of the Navy may enter into a
     contract, in advance of a contract for construction of any
     vessel, for any of the following:
       (1) Components, parts, or materiel.
       (2) Production planning and other related support services
     that reduce the overall procurement lead time of such vessel.
       (b) Aircraft Carrier Designated CVN-79.--With respect to
     components of the aircraft carrier designated CVN-79 for
     which amounts are authorized to be appropriated or otherwise
     made available for fiscal year 2010 or any fiscal year
     thereafter for advance procurement in shipbuilding and
     conversion, Navy, the Secretary of the Navy may enter into a
     contract for the advance construction of such components if
     the Secretary determines that cost savings, construction
     efficiencies, or workforce stability may be achieved for such
     aircraft carrier through the use of such contracts.
       (c) Condition of Out-Year Contract Payments.--A contract
     entered into under subsection (b) shall provide that any
     obligation of

[[Page H7265]]

     the United States to make a payment under such contract for
     any fiscal year after fiscal year 2010 is subject to the
     availability of appropriations for that purpose for such
     fiscal year.

     SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E, F/A-
                   18F, AND EA-18G AIRCRAFT.

       (a) Authority for Multiyear Procurement.--Notwithstanding
     paragraphs (1) and (7) of section 2306b(i) of title 10,
     United States Code, the Secretary of the Navy may enter into
     a multiyear contract, beginning with the fiscal year 2010
     program year, for the procurement of F/A-18E, F/A-18F, or EA-
     18G aircraft and Government-furnished equipment associated
     with such aircraft.
       (b) Report of Findings.--Not less than 30 days before the
     date on which a contract is awarded under subsection (a), the
     Secretary of the Navy shall submit to the congressional
     defense committees a report containing the findings required
     under subsection (a) of section 2306b of title 10, United
     States Code.

     SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR DDG-51 BURKE-
                   CLASS DESTROYERS.

       (a) Authority for Multiyear Procurement.--Notwithstanding
     paragraphs (1) and (7) of section 2306b(i) of title 10,
     United States Code, the Secretary of the Navy may enter into
     a multiyear contract, beginning with the fiscal year 2010
     program year, for the procurement of DDG-51 Burke-class
     destroyers and Government-furnished equipment associated with
     such destroyers.
       (b) Report of Findings.--Not less than 30 days before the
     date on which a contract is awarded under subsection (a), the
     Secretary of the Navy shall submit to the congressional
     defense committees a report containing the findings required
     under subsection (a) of section 2306b of title 10, United
     States Code.

                     Subtitle D--Air Force Programs

     SEC. 131. REPEAL OF CERTIFICATION REQUIREMENT FOR F-22A
                   FIGHTER AIRCRAFT.

       Section 134 of the Duncan Hunter National Defense
     Authorization Act for Fiscal Year 2009 (Public Law 110-417;
     122 Stat. 4378) is repealed.

     SEC. 132. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR F-22
                   FIGHTER AIRCRAFT.

       (a) Plan.--The Secretary of the Air Force shall develop a
     plan for the preservation and storage of unique tooling
     related to the production of hardware and end items for F-22
     fighter aircraft. The plan shall--
       (1) ensure that the Secretary preserves and stores such
     tooling in a manner that allows the production of such
     hardware and end items to be restarted after a period of
     idleness;
       (2) with respect to the supplier base of such hardware and
     end items, identify the costs of restarting production; and
       (3) identify any contract modifications, additional
     facilities, or funding that the Secretary determines
     necessary to carry out the plan.
       (b) Restriction on the Use of Funds.--None of the amounts
     authorized to be appropriated by this Act or otherwise made
     available for fiscal year 2010 for aircraft procurement, Air
     Force, for F-22 fighter aircraft may be obligated or expended
     for activities related to disposing of F-22 production
     tooling until a period of 45 days has elapsed after the date
     on which the Secretary submits to Congress a report
     describing the plan required by subsection (a).

     SEC. 133. REPORT ON 4.5 GENERATION FIGHTER PROCUREMENT.

       (a) In General.--Not later than 90 days after the enactment
     of this Act, the Secretary of Defense shall submit to the
     congressional defense committees a report on 4.5 generation
     fighter aircraft procurement. The report shall include the
     following:
       (1) The number of 4.5 generation fighter aircraft for
     procurement for fiscal years 2011 through 2025 necessary to
     fulfill the requirement of the Air Force to maintain not less
     than 2,200 tactical fighter aircraft.
       (2) The estimated procurement costs for those aircraft if
     procured through single year procurement contracts.
       (3) The estimated procurement costs for those aircraft if
     procured through multiyear procurement contracts.
       (4) The estimated savings that could be derived from the
     procurement of those aircraft through a multiyear procurement
     contract, and whether the Secretary determines the amount of
     those savings to be substantial.
       (5) A discussion comparing the costs and benefits of
     obtaining those aircraft through annual procurement contracts
     with the costs and benefits of obtaining those aircraft
     through a multiyear procurement contract.
       (6) A discussion regarding the availability and feasibility
     of F-35s in fiscal years 2015 through fiscal year 2025 to
     proportionally and concurrently recapitalize the Air National
     Guard.
       (7) The recommendations of the Secretary regarding whether
     Congress should authorize a multiyear procurement contract
     for 4.5 generation fighter aircraft.
       (b) Certifications.--If the Secretary recommends under
     subsection (a)(7) that Congress authorize a multiyear
     procurement contract for 4.5 generation fighter aircraft, the
     Secretary shall submit to Congress the certifications
     required by section 2306b of title 10, United States Code, at
     the same time that the budget is submitted under section
     1105(a) of title 31, United States Code, for fiscal year
     2011.
       (c) 4.5 Generation Fighter Aircraft Defined.--In this
     section, the term ``4.5 generation fighter aircraft'' means
     current fighter aircraft, including the F-15, F-16, and F-18,
     that--
       (1) have advanced capabilities, including--
       (A) AESA radar;
       (B) high capacity data-link; and
       (C) enhanced avionics; and
       (2) have the ability to deploy current and reasonably
     foreseeable advanced armaments.

     SEC. 134. REPORTS ON STRATEGIC AIRLIFT AIRCRAFT.

       At least 120 days before the date on which a C-5 aircraft
     is retired, the Secretary of the Air Force, in coordination
     with the Director of the Air National Guard, shall submit to
     the congressional defense committees a report on the proposed
     force structure and basing of strategic airlift aircraft (as
     defined in section 8062(g)(2) of title 10, United States
     Code). Each report shall include the following:
       (1) A list of each aircraft in the inventory of strategic
     airlift aircraft, including for each such aircraft--
       (A) the type;
       (B) the variant; and
       (C) the military installation where such aircraft is based.
       (2) A list of each strategic airlift aircraft proposed for
     retirement, including for each such aircraft--
       (A) the type;
       (B) the variant; and
       (C) the military installation where such aircraft is based.
       (3) A list of each unit affected by a proposed retirement
     listed under paragraph (2) and how such unit is affected.
       (4) For each military installation listed under paragraph
     (2)(C), any changes to the mission of the installation as a
     result of a proposed retirement.
       (5) Any anticipated reductions in manpower as a result of a
     proposed retirement listed under paragraph (2).
       (6) Any anticipated increases in manpower or military
     construction at a military installation as a result of an
     increase in force structure related to a proposed retirement
     listed under paragraph (2).

     SEC. 135. STRATEGIC AIRLIFT FORCE STRUCTURE.

       Subsection (g)(1) of section 8062 of title 10, United
     States Code, is amended--
       (1) by striking ``2008'' and inserting ``2009''; and
       (2) by striking ``299'' and inserting ``316''.

     SEC. 136. REPEAL OF REQUIREMENT TO MAINTAIN CERTAIN RETIRED
                   C-130E AIRCRAFT.

       Section 134 of the National Defense Authorization Act for
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 31) is
     amended--
       (1) by striking subsection (c);
       (2) by redesignating subsection (d) as subsection (c); and
       (3) in subsection (b), by striking ``subsection (d)'' and
     inserting ``subsection (c)''.

               Subtitle E--Joint and Multiservice Matters

     SEC. 141. BODY ARMOR PROCUREMENT.

       (a) Procurement.--The Secretary of Defense shall ensure
     that body armor is procured using funds authorized to be
     appropriated by this title.
       (b) Procurement Line Item.--In the budget materials
     submitted to the President by the Secretary of Defense in
     connection with the submission to Congress, pursuant to
     section 1105 of title 31, United States Code, of the budget
     for fiscal year 2011, and each subsequent fiscal year, the
     Secretary shall ensure that within each procurement account,
     a separate, dedicated procurement line item is designated for
     body armor.

     SEC. 142. UNMANNED CARGO-CARRYING-CAPABLE AERIAL VEHICLES.

       None of the amounts authorized to be appropriated for
     procurement may be obligated or expended for an unmanned
     cargo-carrying-capable aerial vehicle until a period of 15
     days has elapsed after the date on which the Vice Chairman of
     the Joint Chiefs of Staff and the Under Secretary of Defense
     for Acquisition, Technology, and Logistics certify to the
     congressional defense committees that the Joint Requirements
     Oversight Council has approved a joint and common requirement
     for an unmanned cargo-carrying-capable aerial vehicle type.

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

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on obligation of funds for the Navy Next
              Generation Enterprise Network.
Sec. 212. Limitation on expenditure of funds for Joint Multi-Mission
              Submersible program.
Sec. 213. Separate program elements required for research and
              development of individual body armor and associated
              components.
Sec. 214. Separate procurement and research, development, test and
              evaluation line items and program elements for the F-35B
              and F-35C joint strike fighter aircraft.
Sec. 215. Restriction on obligation of funds pending submission of
              Selected Acquisition Report.
Sec. 216. Restriction on obligation of funds for Future Combat Systems
              program pending receipt of report.
Sec. 217. Limitation of the obligation of funds for the Net-Enabled
              Command and Control system.
Sec. 218. Limitation on obligation of funds for F-35 Lightning II
              program.
Sec. 219. Programs required to provide the Army with ground combat
              vehicle and self-propelled artillery capabilities.

                  Subtitle C--Missile Defense Programs

Sec. 221. Integrated Air and Missile Defense System project.
Sec. 222. Ground-based midcourse defense sustainment and modernization
              program.

[[Page H7266]]

Sec. 223. Limitation on availability of funds for acquisition or
              deployment of missile defenses in Europe.
Sec. 224. Sense of Congress reaffirming continued support for
              protecting the United States against limited ballistic
              missile attacks whether accidental, unauthorized, or
              deliberate.
Sec. 225. Ascent phase missile defense strategy.
Sec. 226. Availability of funds for a missile defense system for Europe
              and the United States.

                          Subtitle D--Reports

Sec. 231. Comptroller General assessment of coordination of energy
              storage device requirements and investments.
Sec. 232. Annual Comptroller General report on the F-35 Lightning II
              aircraft acquisition program.
Sec. 233. Report on integration of Department of Defense intelligence,
              surveillance, and reconnaissance capabilities.
Sec. 234. Report on future research and development of man-portable and
              vehicle-mounted guided missile systems.

                       Subtitle E--Other Matters

Sec. 241. Access of the Director of the Test Resource Management Center
              to Department of Defense information.
Sec. 242. Inclusion in annual budget request and future-years defense
              program of sufficient amounts for continued development
              and procurement of competitive propulsion system for F-35
              Lightning II.
Sec. 243. Establishment of program to enhance participation of
              historically black colleges and universities and
              minority-serving institutions in defense research
              programs.
Sec. 244. Extension of authority to award prizes for advanced
              technology achievements.
Sec. 245. Executive Agent for Advanced Energetics.
Sec. 246. Study on thorium-liquid fueled reactors for naval forces.
Sec. 247. Visiting NIH Senior Neuroscience Fellowship Program.

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for the use of the Department of Defense for
     research, development, test, and evaluation as follows:
       (1) For the Army, $10,506,731,000.
       (2) For the Navy, $19,622,528,000.
       (3) For the Air Force, $28,508,561,000.
       (4) For Defense-wide activities, $21,016,672,000, of which
     $190,770,000 is authorized for the Director of Operational
     Test and Evaluation.

    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 211. LIMITATION ON OBLIGATION OF FUNDS FOR THE NAVY NEXT
                   GENERATION ENTERPRISE NETWORK.

       (a) Limitation.--Of the amounts authorized to be
     appropriated described in subsection (b), not more than 50
     percent of the amounts remaining unobligated as of the date
     of the enactment of this Act may be obligated until the
     Secretary of the Navy submits to the congressional defense
     committees a detailed architectural specification for the
     Next Generation Enterprise Network.
       (b) Covered Authorizations or Appropriations.--The amounts
     authorized to be appropriated described in this subsection
     are amounts authorized to be appropriated for fiscal year
     2010 for--
       (1) operation and maintenance for the Continuity of Service
     Contract for the Navy-Marine Corps Intranet; and
       (2) research, development, test, and evaluation for the
     Next Generation Enterprise Network.

     SEC. 212. LIMITATION ON EXPENDITURE OF FUNDS FOR JOINT MULTI-
                   MISSION SUBMERSIBLE PROGRAM.

       None of the funds authorized to be appropriated by this or
     any other Act for fiscal year 2010 may be obligated or
     expended for the Joint Multi-Mission Submersible program
     until the Secretary of Defense, in consultation with the
     Director of National Intelligence--
       (1) completes an assessment on the feasibility of a cost-
     sharing agreement between the Department of Defense and the
     intelligence community (as that term is defined in section
     3(4) of the National Security Act of 1947 (50 U.S.C.
     401a(4))), for the Joint Multi-Mission Submersible program;
       (2) submits to the congressional defense committees and the
     intelligence committees the assessment referred to in
     paragraph (1); and
       (3) certifies to the congressional defense committees and
     the intelligence committees that the agreement developed
     pursuant to the assessment referred to in paragraph (1)
     represents the most effective and affordable means of
     delivery for meeting a validated program requirement.

     SEC. 213. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH AND
                   DEVELOPMENT OF INDIVIDUAL BODY ARMOR AND
                   ASSOCIATED COMPONENTS.

       In the budget materials submitted to the President by the
     Secretary of Defense in connection with the submission to
     Congress, pursuant to section 1105 of title 31, United States
     Code, of the budget for fiscal year 2011, and each subsequent
     fiscal year, the Secretary shall ensure that within each
     research, development, test, and evaluation account a
     separate, dedicated program element is assigned to the
     research and development of individual body armor and
     associated components.

     SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DEVELOPMENT,
                   TEST AND EVALUATION LINE ITEMS AND PROGRAM
                   ELEMENTS FOR THE F-35B AND F-35C JOINT STRIKE
                   FIGHTER AIRCRAFT.

       In the budget materials submitted to the President by the
     Secretary of Defense in connection with the submission to
     Congress, pursuant to section 1105 of title 31, United States
     Code, of the budget for fiscal year 2011, and each subsequent
     fiscal year, the Secretary shall ensure that within the Navy
     research, development, test, and evaluation account and the
     Navy aircraft procurement account, a separate, dedicated line
     item and program element is assigned to each of the F-35B
     aircraft and the F-35C aircraft, to the extent such accounts
     include funding for each such aircraft.

     SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS PENDING
                   SUBMISSION OF SELECTED ACQUISITION REPORT.

       (a) Restriction on Obligation of Funds.--Of the amounts
     authorized to be appropriated for fiscal year 2010 for
     Research and Development, Army, for the defense acquisition
     programs specified in subsection (b), not more than 50
     percent may be obligated prior to the date on which the
     Secretary of Defense submits to the congressional defense
     committees the comprehensive annual Selected Acquisition
     Report for each such program for fiscal year 2009, as
     required by section 2432 of title 10, United States Code.
       (b) Programs Specified.--The defense acquisition programs
     specified in this subsection are the following:
       (1) Future Combat Systems program.
       (2) Warfighter information network tactical program.
       (3) Stryker vehicle program.
       (4) Joint Air-to-Ground Missile program.
       (5) Bradley Base Sustain program.
       (6) Abrams Tank Improvement program.
       (7) Javelin program.

     SEC. 216. RESTRICTION ON OBLIGATION OF FUNDS FOR FUTURE
                   COMBAT SYSTEMS PROGRAM PENDING RECEIPT OF
                   REPORT.

       Not more than 25 percent of the funds authorized to be
     appropriated by this Act or otherwise made available for
     Research and Development, Army, for fiscal year 2010 for the
     Future Combat Systems program may be obligated or expended
     until 15 days after the receipt of the report required by
     section 214(c) of the John Warner National Defense
     Authorization Act for Fiscal Year 2007 (Public Law 109-364).

     SEC. 217. LIMITATION OF THE OBLIGATION OF FUNDS FOR THE NET-
                   ENABLED COMMAND AND CONTROL SYSTEM.

       (a) Limitation.--Of the amounts authorized to be
     appropriated described in subsection (b), not more than 25
     percent of the amounts remaining unobligated as of the date
     of the enactment of this Act may be obligated until the
     Secretary of Defense submits to the congressional defense
     committees a plan for reorganizing and consolidating the
     management of the Net-Enabled Command and Control system and
     the Global Command and Control System family of systems.
       (b) Covered Authorizations or Appropriations.--The amounts
     authorized to be appropriated described in this subsection
     are amounts authorized to be appropriated for fiscal year
     2010 for the Net-Enabled Command and Control system in the
     following program elements:
       (1) 33158k.
       (2) 33158a.
       (3) 33158n.
       (4) 33158m.
       (5) 33158f.

     SEC. 218. LIMITATION ON OBLIGATION OF FUNDS FOR F-35
                   LIGHTNING II PROGRAM.

       Of the amounts authorized to be appropriated or otherwise
     made available for fiscal year 2010 for research,
     development, test, and evaluation for the F-35 Lightning II
     program, not more than 75 percent may be obligated until the
     date that is 15 days after the later of the following dates:
       (1) The date on which the Under Secretary of Defense for
     Acquisition, Technology, and Logistics submits to the
     congressional defense committees certification in writing
     that all funds made available for fiscal year 2010 for the
     continued development and procurement of a competitive
     propulsion system for the F-35 Lightning II have been
     obligated.
       (2) The date on which the Secretary of Defense submits to
     the congressional defense committees the report required by
     section 123 of the Duncan Hunter National Defense
     Authorization Act for Fiscal Year 2009 (Public Law 110-417;
     122 Stat. 4376).
       (3) The date on which the Secretary of Defense submits to
     the congressional defense committees the annual plan and
     certification for fiscal year 2010 required by section 231a
     of title 10, United States Code.

     SEC. 219. PROGRAMS REQUIRED TO PROVIDE THE ARMY WITH GROUND
                   COMBAT VEHICLE AND SELF-PROPELLED ARTILLERY
                   CAPABILITIES.

       (a) Program Required.--In accordance with the Weapons
     Systems Acquisition Reform Act of 2009 (Public Law 111-43),
     the Secretary of Defense shall carry out programs to develop,
     test, and, when demonstrated operationally effective,
     suitable, survivable, and affordable, field new or upgraded
     Army ground combat vehicle and self-propelled artillery
     capabilities.
       (b) Report Required.--Not later than February 1, 2010, the
     Secretary of Defense shall deliver a report to the
     congressional defense committees that--
       (1) specifies what vehicles, or upgraded vehicles, will
     constitute the Army's ground combat vehicle fleet in 2015;
       (2) includes the status, schedule, cost estimates, and
     requirements for the programs specified in paragraph (1);

[[Page H7267]]

       (3) includes any Army force structure modifications planned
     that impact the requirements for new ground combat vehicles;
       (4) specifies, for each program included, the alternatives
     considered during any analysis of alternatives, and why those
     alternatives were not selected as the preferred program
     option;
       (5) quantifies and describes the loss of knowledge to the
     industrial base should a future self-propelled artillery
     cannon not be developed immediately following the
     cancellation of the Non-Line-of-Sight Cannon, a Manned Ground
     Vehicle of Future Combat Systems; and
       (6) with respect to the Army's future self-propelled
     howitzer artillery fleet, explains the Army's plan to develop
     and field--
       (A) automated ammunition handling;
       (B) laser ignition;
       (C) improved ballistic accuracy;
       (D) automated crew compartments;
       (E) hybrid-electric power; and
       (F) band track.
       (c) Restriction on Use of Funds.--Of the amounts authorized
     to be appropriated under this Act for research, test,
     development, and evaluation for the Army for the program
     elements specified in subsection (d), not more than 50
     percent may be obligated or expended until 15 days after the
     Secretary of Defense submits the report required under
     subsection (b).
       (d) Programs Specified.--The restriction on use of funds in
     subsection (c) covers the following Army program elements:
       (1) Combat Vehicle Improvement Program, program element
     0203735A.
       (2) Advanced Tank Armament System, program element
     0603653A.
       (3) Artillery Systems, program element 0604854A.

                  Subtitle C--Missile Defense Programs

     SEC. 221. INTEGRATED AIR AND MISSILE DEFENSE SYSTEM PROJECT.

       Of the amounts authorized to be appropriated for research
     and development of the Army Integrated Air and Missile
     Defense project (program element 63327A), not more than 25
     percent may be obligated until the Secretary of Defense has
     certified to the congressional defense committees that the
     Secretary has--
       (1) carried out a review of the project;
       (2) determined that the project is an affordable,
     executable project;
       (3) determined that the project meets a current required
     capability; and
       (4) determined that no other project could be executed, at
     a lower cost, that would be capable of fulfilling the
     required capability to the same or approximate level of
     effectiveness as the Army Integrated Air and Missile Defense
     project.

     SEC. 222. GROUND-BASED MIDCOURSE DEFENSE SUSTAINMENT AND
                   MODERNIZATION PROGRAM.

       (a) Program Required.--The Secretary of Defense shall carry
     out a sustainment and modernization program to ensure the
     long-term reliability, availability, maintainability, and
     supportability of the ground-based midcourse defense system
     to protect the United States against limited ballistic
     missile attacks whether accidental, unauthorized, or
     deliberate.
       (b) Program Elements.--The program required by subsection
     (a) shall include each of the following elements:
       (1) Sustainment and operations.
       (2) Aging and surveillance.
       (3) System and component level assessments, engineering
     analysis, and modeling and simulation.
       (4) Ground and flight testing.
       (5) Readiness exercises.
       (6) Modernization and enhancement.
       (7) Any other element the Secretary determines is
     appropriate.
       (c) Consultation.--In implementing the program required by
     subsection (a), the Secretary of Defense shall consult with
     the commanders of the appropriate combatant commands to
     ensure the sustainment and modernization requirements of such
     commands are reflected in such program.
       (d) Budget Submission Requirement.--For each budget
     submitted by the President to Congress under section 1105 of
     title 31, the Secretary of Defense shall concurrently submit
     to the congressional defense committees a report that clearly
     identifies the amounts requested for each of the program
     elements referred to in subsection (b).
       (e) Report.--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 outlining
     the long-term sustainment and modernization plan of the
     Department of Defense for the ground-based midcourse defense
     system.

     SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION
                   OR DEPLOYMENT OF MISSILE DEFENSES IN EUROPE.

       No funds authorized to be appropriated by this Act or
     otherwise made available for the Department of Defense for
     fiscal year 2010 or any fiscal year thereafter may be
     obligated or expended for the acquisition (other than initial
     long-lead procurement) or deployment of operational missiles
     of a long-range missile defense system in Europe until the
     Secretary of Defense, after receiving the views of the
     Director of Operational Test and Evaluation, submits to the
     congressional defense committees a report certifying that the
     proposed interceptor to be deployed as part of such missile
     defense system has demonstrated, through successful,
     operationally realistic flight testing, a high probability of
     working in an operationally effective manner and the ability
     to accomplish the mission.

     SEC. 224. SENSE OF CONGRESS REAFFIRMING CONTINUED SUPPORT FOR
                   PROTECTING THE UNITED STATES AGAINST LIMITED
                   BALLISTIC MISSILE ATTACKS WHETHER ACCIDENTAL,
                   UNAUTHORIZED, OR DELIBERATE.

       (a) Findings.--Congress makes the following findings:
       (1) Congress passed and the President signed the National
     Missile Defense Act of 1999 (Public Law 106-38), which
     stated: ``It is the policy of the United States to deploy as
     soon as is technologically possible an effective National
     Missile Defense system capable of defending the territory of
     the United States against limited ballistic missile attack
     (whether accidental, unauthorized, or deliberate).
       (2) The United States has thus far deployed 26 long-range,
     Ground-based, Midcourse Defense (GMD) interceptors in Alaska
     and California to defend against potential long-range
     missiles from rogue states such as North Korea.
       (3) Congress has fully funded the President's budget
     request for the GMD sites in Alaska and California in fiscal
     years 2008 and 2009, as well as continued development of the
     Standard Missile-3 Block IIA missile with Japan, which will
     provide the Aegis Ballistic Missile Defense system the
     capability to engage long-range ballistic missiles like the
     North Korean Taepo Dong-2.
       (4) Senior defense and intelligence officials have
     indicated that the threat to the United States from long-
     range missiles from rogue states is limited.
       (5) Senior military officials have testified that the
     original threat assessments of the long-range missile threat
     made by the Missile Defense Agency in 2002 were ``off by a
     factor of 10 or 20''.
       (6) It is imperative that missile defense force structure
     and inventory be linked to the most likely threats and
     validated military requirements.
       (7) The Secretary of Defense, the Chairman of the Joint
     Chiefs, the Commander of the United States Strategic
     Command's Joint Functional Component Command for Integrated
     Missile Defense, and the Director of the Missile Defense
     Agency have either testified or stated that 30 operationally
     deployed GMD interceptors would be adequate to defend against
     any rogue missile threat to the United States in the near- to
     mid-term.
       (8) The Director of the Missile Defense Agency testified
     that, for the first time since the establishment of the
     Missile Defense Agency in 2002, key elements of the
     Department of Defense, such as the combatant commanders and
     the military services, played a major role in shaping the
     missile defense budget for fiscal year 2010.
       (9) There is currently no existing military requirement
     justifying the need to deploy 44 GMD interceptors, nor has
     that number been validated by the Department of Defense's
     requirements process.
       (10) In testimony before Congress this year, the Director
     of the Missile Defense Agency indicated that a number of GMD
     interceptors were removed from their silos for unscheduled
     maintenance and refurbishment because of unanticipated
     problems with the interceptors were discovered.
       (b) Sense of Congress.--It is the sense of Congress that
     the United States--
       (1) reaffirms the principles articulated in the National
     Missile Defense Act of 1999;
       (2) should continue to fund robust research, development,
     test, and evaluation of the current GMD system deployed in
     Alaska in California to ensure that the system will work in
     an operationally effective, suitable, maintainable, and
     survivable manner to defend the territory of the United
     States against limited ballistic missile attack (whether
     accidental, unauthorized, or deliberate);
       (3) should continue the development of the Standard
     Missile-3 Block IIA missile with Japan, which will provide
     the Aegis Ballistic Missile Defense system a capability to
     counter long-range ballistic missiles like the North Korean
     Taepo Dong-2; and
       (4) should set future missile defense force structure and
     inventory requirements based on a clear linkage to the threat
     and the military requirements process that takes into account
     the views of key Department of Defense stakeholders such as
     the combatant commanders and the military services.

     SEC. 225. ASCENT PHASE MISSILE DEFENSE STRATEGY.

       (a) Department of Defense Strategy for Ascent Phase Missile
     Defense.--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 strategy for ascent
     phase missile defense.
       (b) Matters Included.--The strategy required by subsection
     (a) shall include each of the following:
       (1) A description of the programs and activities contained,
     as of the date of the submission of the strategy, in the
     program of record of the Missile Defense Agency that provide
     or are planned to provide a capability to intercept ballistic
     missiles in their ascent phase.
       (2) A description of the capabilities that are needed to
     accomplish the intercept of ballistic missiles in their
     ascent phase, including--
       (A) the key technologies and associated technology
     readiness levels, plans for maturing such technologies, and
     any technology demonstrations for such capabilities;
       (B) concepts of operation for how ascent phase capabilities
     would be employed, including the dependence of such
     capabilities on, and integration with, other functions,
     capabilities, and information, including those provided by
     other elements of the ballistic missile defense system;
       (C) the criteria to be used to assess the technical
     progress, suitability, and effectiveness of such
     capabilities;
       (D) a comprehensive plan for development and investment in
     such capabilities, including an identification of specific
     program and technology investments to be made in such
     capabilities;

[[Page H7268]]

       (E) a description of how, and to what extent, ascent phase
     missile defense can leverage the capabilities and investments
     made in boost phase, midcourse, and any other layer or
     elements of the ballistic missile defense system;
       (F) a description of any other challenges or limitations
     associated with ascent phase missile defense; and
       (G) any other information the Secretary determines is
     necessary.
       (c) Form.--The strategy shall be submitted in unclassified
     form, but may include a classified annex.

     SEC. 226. AVAILABILITY OF FUNDS FOR A MISSILE DEFENSE SYSTEM
                   FOR EUROPE AND THE UNITED STATES.

       (a) Findings.--Congress makes the following findings:
       (1) Missile defense promotes the collective security of the
     United States and NATO and improves linkages among member
     nations of NATO by defending all members of NATO against the
     full range of missile threats.
       (2) The Islamic Republic of Iran possesses the largest
     inventory of short-and medium-range ballistic missiles in the
     Middle East and these missiles represent a threat to Europe
     and United States interests and deployed forces in the
     region. Neither NATO nor the United States currently
     possesses sufficient theater missile defense capability to
     counter this threat from Iran.
       (3) Iran does not currently possess a long-range ballistic
     missile capable of reaching the United States and, if it were
     to develop such a capability in the near future, the long-
     range Ground-based Midcourse Defense (GMD) interceptors
     currently deployed in Alaska have sufficient range to protect
     the United States against an emerging threat.
       (4) It is in the interest of the United States to work
     cooperatively with NATO to counter these threats consistent
     with the direction provided in the statement by the Heads of
     State and Government participating in the meeting of the
     North Atlantic Council in Strasbourg/Kehl on April 4, 2009,
     that: ``we judge that missile threats should be addressed in
     a prioritized manner that includes consideration of the level
     of imminence of the threat and the level of acceptable
     risk.''
       (5) The Director of Operational Test and Evaluation for the
     Department of Defense has raised concerns about the
     operational effectiveness, suitability, and survivability of
     the current GMD system, and the Director of the Missile
     Defense Agency testified before the House Armed Services
     Committee on May 21, 2009, that health and status indicators
     forced the agency to remove several long-range interceptors
     for unscheduled maintenance and refurbishment.
       (6) The Fiscal Year 2008 Annual Report to Congress by the
     Director of Operational Test and Evaluation (DOT&E) stated:
     ``The inherent BDMS defensive capability against theater
     threats increased during the last fiscal year and DOT&E
     expects this trend to continue'' largely due to the continued
     progress of the AEGIS and Terminal High Altitude Area Defense
     (THAAD) systems in operational testing.
       (7) The proposed European locations of the long-range
     missile defense system allow for the defense of both Europe
     and the United States against long-range threats launched
     from the Middle East, but a limited deployment of GMD
     interceptors on the east coast of the United States would
     provide comparable defense of our homeland and the most
     pressing threat to Europe is from medium-range ballistic
     missiles.
       (b) Reservation of Funds.--Of the funds made available for
     fiscal years 2009 and 2010 for the Missile Defense Agency for
     the purpose of developing missile defenses in Europe,
     $353,100,000 shall be available only for a missile defense
     system for Europe and the United States as described in
     paragraph (1) or (2) of subsection (c).
       (c) Use of Funds.--Funds reserved under subsection (b) may
     be obligated and expended by the Secretary of Defense--
       (1) on the research, development, test, and evaluation of--
       (A) the proposed midcourse radar element of the ground-
     based midcourse defense system in the Czech Republic; and
       (B) the proposed long-range missile defense interceptor
     site element of such defense system in Poland; or
       (2) on the research, development, test, and evaluation,
     procurement, site activation, construction, preparation of,
     equipment for, or deployment of an alternative integrated
     missile defense system that would protect Europe and the
     United States from the threats posed by all types of
     ballistic missiles, if the Secretary submits to the
     congressional defense committees a report certifying that the
     alternative missile defense system is expected to be--
       (A) consistent with the direction of the North Atlantic
     Council to address ballistic missile threats to Europe and
     the United States in a prioritized manner that includes
     consideration of the level of imminence of the threat and the
     level of acceptable risk;
       (B) at least as cost-effective, technically reliable, and
     operationally available in protecting Europe and the United
     States from missile threats as the ground-based midcourse
     defense system described in paragraph (1);
       (C) deployable in a sufficient amount of time to counter
     current and emerging ballistic missile threats (as determined
     by the intelligence community) launched from the Middle East
     that could threaten Europe and the United States; and
       (D) interoperable with other components of missile defense
     and compliments NATO's missile defense strategy.

                          Subtitle D--Reports

     SEC. 231. COMPTROLLER GENERAL ASSESSMENT OF COORDINATION OF
                   ENERGY STORAGE DEVICE REQUIREMENTS AND
                   INVESTMENTS.

       (a) Assessment Required.--The Comptroller General shall
     conduct an assessment of the degree to which requirements,
     technology goals, and research and procurement investments in
     energy storage technologies are coordinated within and among
     the military departments, appropriate Defense Agencies, and
     other elements of the Department of Defense. In carrying out
     such assessment, the Comptroller General shall--
       (1) assess expenses incurred by the Department of Defense
     in the research, development, testing, and procurement of
     energy storage devices;
       (2) compare quantities of types of devices in use or under
     development that rely on commercial energy storage
     technologies and that use military-unique, proprietary, or
     specialty devices;
       (3) assess the process by which a determination is made by
     an acquisition official of the Department of Defense to
     pursue a commercially available or custom-made energy storage
     device;
       (4) assess the coordination of Department of Defense-wide
     activities in energy storage device research, development,
     and use;
       (5) assess whether there is a need for enhanced
     standardization of the form, fit, and function of energy
     storage devices, and if so, formulate a recommendation as to
     how, from an organizational standpoint, the Department should
     address that need; and,
       (6) assess whether there are commercial advances in
     portable power technology, including hybrid systems, fuel
     cells, and electrochemical capacitors, that could be better
     leveraged by the Department.
       (b) Report.--Not later than March 1, 2010, the Comptroller
     General shall submit to the Committees on Armed Services of
     the Senate and House of Representatives a report on the
     findings and recommendations of the Comptroller General with
     respect to the assessment conducted under subsection (a).
       (c) Coordination.--In carrying out subsection (a), the
     Comptroller General shall coordinate with the Secretary of
     Energy and the heads of other appropriate Federal agencies.

     SEC. 232. ANNUAL COMPTROLLER GENERAL REPORT ON THE F-35
                   LIGHTNING II AIRCRAFT ACQUISITION PROGRAM.

       (a) Annual GAO Review.--The Comptroller General shall
     conduct an annual review of the F-35 Lightning II aircraft
     acquisition program and shall, not later than March 15 of
     each of 2010 through 2015, submit to the congressional
     defense committees a report on the results of the most recent
     review.
       (b) Matters to Be Included.--Each report on the F-35
     program under subsection (a) shall include each of the
     following:
       (1) The extent to which the acquisition program is meeting
     development and procurement cost, schedule, and performance
     goals.
       (2) The progress and results of developmental and
     operational testing and plans for correcting deficiencies in
     aircraft performance, operational effectiveness, and
     suitability.
       (3) Aircraft procurement plans, production results, and
     efforts to improve manufacturing efficiency and supplier
     performance.

     SEC. 233. REPORT ON INTEGRATION OF DEPARTMENT OF DEFENSE
                   INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE
                   CAPABILITIES.

       Of the amounts authorized to be appropriated in this Act
     for program element 35884L for intelligence planning and
     review activities, not more than 25 percent of such amounts
     may be obligated or expended until the date that is 30 days
     after the date on which the Under Secretary of Defense for
     Intelligence submits the report required under section
     923(d)(1) of the National Defense Authorization Act for 2004
     (Public Law 108-136; 117 Stat. 1576), including the elements
     of the report described in subparagraphs (D), (E), and (F) of
     such section 923(d)(1).

     SEC. 234. REPORT ON FUTURE RESEARCH AND DEVELOPMENT OF MAN-
                   PORTABLE AND VEHICLE-MOUNTED GUIDED MISSILE
                   SYSTEMS.

       (a) Report.--Not later than 90 days after the date of the
     enactment of this Act, the Secretary of the Army shall submit
     to Congress a report on future research and development of
     man-portable and vehicle-mounted guided missile systems to
     replace the current Javelin and TOW systems. Such report
     shall include--
       (1) an examination of current requirements for anti-armor
     missile systems;
       (2) an analysis of battlefield uses other than anti-armor;
       (3) an analysis of changes required to the current Javelin
     and TOW systems to maximize effectiveness and lethality in
     situations other than anti-armor;
       (4) an analysis of the current family of Javelin and TOW
     warheads and specifically detail how they address threats
     other than armor;
       (5) an examination of the need for changes to current or
     development of additional warheads or a family of warheads to
     address threats other than armor;
       (6) a description of any missile system design changes
     required to integrate current missile systems with current
     manned ground systems;
       (7) a detailed and current analysis of the costs associated
     with the development of next-generation Javelin and TOW
     systems and additional warheads or family of warheads to
     address threats other than armor, integration costs for
     current vehicles, integration costs for future vehicles and
     possible efficiencies of developing and procuring these
     systems at low rate and full rate based on current system
     production; and
       (8) an analysis of the ability of the industrial base to
     support development and production of current and future
     Javelin and TOW systems.
       (b) Restriction on Use of Funds.--Of the amounts authorized
     to be appropriated under this Act for research, test,
     development, and evaluation for the Army, for missile and
     rocket

[[Page H7269]]

     advanced technology (program element 0603313A), not more than
     70 percent may be obligated or expended until the Secretary
     of the Army submits the report required by subsection (a).

                       Subtitle E--Other Matters

     SEC. 241. ACCESS OF THE DIRECTOR OF THE TEST RESOURCE
                   MANAGEMENT CENTER TO DEPARTMENT OF DEFENSE
                   INFORMATION.

       Section 196 of title 10, United States Code, is amended--
       (1) by redesignating subsections (d) through (h) as
     subsections (e) through (i), respectively; and
       (2) by inserting after subsection (c) the following new
     subsection (d):
       ``(h) Access to Information.--The Director shall have
     access to all records and data of the Department of Defense
     (including the records and data of each military department)
     that the Director considers necessary to review in order to
     carry out the duties of the Director under this section.''.

     SEC. 242. INCLUSION IN ANNUAL BUDGET REQUEST AND FUTURE-YEARS
                   DEFENSE PROGRAM OF SUFFICIENT AMOUNTS FOR
                   CONTINUED DEVELOPMENT AND PROCUREMENT OF
                   COMPETITIVE PROPULSION SYSTEM FOR F-35
                   LIGHTNING II.

       (a) Annual Budget.--Chapter 9 of title 10, United States
     Code, is amended by adding at the end the following new
     section:

     ``Sec. 235. Budget for competitive propulsion system for F-35
       Lightning II

       ``(a) Annual Budget.--Effective for the budget of the
     President submitted to Congress under section 1105(a) of
     title 31, United States Code, for fiscal year 2011 and each
     fiscal year thereafter, the Secretary of Defense shall
     include, in the materials submitted by the Secretary to the
     President, a request for such amounts as are necessary for
     the full funding of the continued development and procurement
     of a competitive propulsion system for the F-35 Lightning II.
       ``(b) Future-Years Defense Program.--In each future-years
     defense program submitted to Congress under section 221 of
     this title, the Secretary of Defense shall ensure that the
     estimated expenditures and proposed appropriations for the F-
     35 Lighting II, for each fiscal year of the period covered by
     that program, include sufficient amounts for the full funding
     of the continued development and procurement of a competitive
     propulsion system for the F-35 Lightning II.
       ``(c) Requirement to Obligate and Expend Funds.--Of the
     amounts authorized to be appropriated for fiscal year 2010 or
     any year thereafter, for research, development, test, and
     evaluation and procurement for the F-35 Lightning II Program,
     the Secretary of Defense shall ensure the obligation and
     expenditure in each such fiscal year of sufficient annual
     amounts for the continued development and procurement of two
     options for the propulsion system for the F-35 Lightning II
     in order to ensure the development and competitive production
     for the propulsion system for the F-35 Lightning II.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such chapter is amended by at the end the
     following new item:

``235. Budget for competitive propulsion system for F-35 Lightning
              II.''.

       (c) Conforming Repeal.--The National Defense Authorization
     Act for Fiscal Year 2008 (Public Law 110-181) is amended by
     striking section 213.

     SEC. 243. ESTABLISHMENT OF PROGRAM TO ENHANCE PARTICIPATION
                   OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
                   AND MINORITY-SERVING INSTITUTIONS IN DEFENSE
                   RESEARCH PROGRAMS.

       (a) Program Established.--Chapter 139 of title 10, United
     States Code, is amended by inserting after section 2361 the
     following new section:

     ``Sec. 2362. Research and educational programs and
       activities: historically black colleges and universities
       and minority-serving institutions of higher education

       ``(a) Program Established.--The Secretary of Defense,
     acting through the Director of Defense Research and
     Engineering and the Secretary of each military department,
     shall carry out a program to provide assistance to covered
     educational institutions to assist the Department in defense-
     related research, development, testing, and evaluation within
     the science, technology, engineering, and mathematics fields.
       ``(b) Program Objective.--The objective of the program
     established under subsection (a) is to enhance science,
     technology, mathematics, and engineering research and
     education at covered educational institutions. Such objective
     shall be accomplished through initiatives designed to--
       ``(1) enhance research and educational capabilities of the
     institutions in areas of science, technology, engineering, or
     mathematics that are important to national defense, as
     determined by the Secretary;
       ``(2) encourage the participation of such institutions in
     the research, development, testing, and evaluation programs
     and activities of the Department of Defense;
       ``(3) increase the capacity of such institutions to
     contribute to the national security functions of the
     Department of Defense through participation in research,
     development, testing, and evaluation programs and activities
     in which such institutions might not otherwise have the
     opportunity to participate;
       ``(4) increase the number of graduates engaged in
     scientific, technological, mathematic, and engineering
     disciplines important to the national security functions of
     the Department of Defense, as determined by the Secretary;
       ``(5) conduct collaborative research and educational
     opportunities between such institutions and defense research
     facilities;
       ``(6) encourage research and educational collaborations
     between such institutions and other institutions of higher
     education; or
       ``(7) encourage research and educational collaborations
     between such institutions and business enterprises that
     historically perform defense-related research, development,
     testing and evaluation.
       ``(c) Assistance Provided.--Under the program established
     by subsection (a), the Secretary of Defense may provide
     covered educational institutions with funding or technical
     assistance, including any of the following:
       ``(1) The competitive awarding of grants, cooperative
     agreements or contracts to establish Centers of Excellence
     for Research and Education in scientific disciplines
     important to national defense, as determined by the
     Secretary.
       ``(2) The competitive awarding of undergraduate
     scholarships or graduate fellowships in support of research
     in scientific disciplines important to national defense, as
     determined by the Secretary.
       ``(3) The competitive awarding of grants, cooperative
     agreements, or contracts for research in areas of science,
     technology, engineering, and mathematics that are important
     to national defense, as determined by the Secretary.
       ``(4) The competitive awarding of grants, cooperative
     agreements, or contracts for the acquisition of equipment or
     instrumentation necessary for the conduct of research,
     development, testing, evaluation or educational enhancements
     in scientific disciplines important to national defense, as
     determined by the Secretary.
       ``(5) Support to assist in attraction and retention of
     faculty in scientific disciplines critical to the national
     security functions of the Department of Defense.
       ``(6) Making Department of Defense personnel available to
     advise and assist faculty at such institutions in the
     performance of defense research in scientific disciplines
     critical to the national security functions of the Department
     of Defense.
       ``(7) Establishing partnerships between defense
     laboratories and such institutions to encourage involvement
     of faculty and students in scientific research important to
     the national security functions of the Department of Defense.
       ``(8) Encouraging the establishment of a program or
     programs creating partnerships between such institutions and
     corporations that have routinely been awarded research,
     development, testing, or evaluation contracts by the
     Secretary of Defense for the purpose of involving faculty and
     students in scientific research critical to the national
     security functions of the Department of Defense.
       ``(9) Encouraging the establishment of a program or
     programs creating partnerships between such institutions and
     other institutions of higher education that have experience
     in conducting research, development, testing, or evaluation
     programs with the Department of Defense for the purpose of
     involving faculty and students in scientific research
     critical to the national security functions of the Department
     of Defense.
       ``(10) Other such non-monetary assistance in support of
     defense research as the Secretary finds appropriate to
     enhance science, mathematics, or engineering programs at such
     institutions, which may be provided directly through the
     Department of Defense or through contracts or other
     agreements entered into by the Secretary with private-sector
     entities that have experience and expertise in the
     development and delivery of technical assistance services to
     such institutions.
       ``(d) Definition of Covered Educational Institution.--In
     this section the term `covered educational institution' means
     an institution of higher education eligible for assistance
     under title III or V of the Higher Education Act of 1965 (20
     U.S.C. 1051 et seq.).''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such chapter is amended by inserting after the
     item relating to section 2361 the following new item:

``2362. Research and educational programs and activities: historically
              black colleges and universities and minority-serving
              institutions of higher education.''.

     SEC. 244. EXTENSION OF AUTHORITY TO AWARD PRIZES FOR ADVANCED
                   TECHNOLOGY ACHIEVEMENTS.

       Subsection (f) of section 2374a of title 10, United States
     Code, is amended by striking ``September 30, 2010'' and
     inserting ``September 30, 2013''.

     SEC. 245. EXECUTIVE AGENT FOR ADVANCED ENERGETICS.

       (a) Executive Agent.--Not later than 90 days after the date
     of the enactment of this Act, the Secretary of Defense shall
     designate a senior official of the Department of Defense to
     act as the executive agent for advanced energetics.
       (b) Roles, Responsibilities, and Authorities.--
       (1) Establishment.--Not later than one year after the date
     of the enactment of this Act, and in accordance with
     Directive 5101.1, the Secretary of Defense shall prescribe
     the roles, responsibilities, and authorities of the executive
     agent designated under subsection (a).
       (2) Specification.--The roles and responsibilities of the
     executive agent designated under subsection (a) shall include
     each of the following:
       (A) Assessment of the current state of, and advances in,
     research, development, and manufacturing technology of
     energetic materials in both foreign countries and the United
     States.
       (B) Development of strategies to address matters identified
     as a result of the assessment described in subparagraph (A).
       (C) Development of recommended funding strategies to retain
     sufficient explosive domestic

[[Page H7270]]

     production capacity, continue the development of innovative
     munitions, and recruit the next generation of scientists and
     engineers of advanced energetics.
       (D) Recommending changes to strengthen the energetic
     capabilities of the Department of Defense.
       (E) Such other roles and responsibilities as the Secretary
     of Defense considers appropriate.
       (c) Support Within Department of Defense.--In accordance
     with Directive 5101.1, the Secretary of Defense shall ensure
     that the military departments, Defense Agencies, and other
     components of the Department of Defense provide the executive
     agent designated under subsection (a) with the appropriate
     support and resources needed to perform the roles,
     responsibilities, and authorities of the executive agent.
       (d) Definitions.--In this section:
       (1) The term ``Directive 5101.1'' means Department of
     Defense Directive 5101.1, dated September 3, 2002, or any
     successor directive relating to the responsibilities of an
     executive agent of the Department of Defense.
       (2) The term ``executive agent'' had the meaning given the
     term ``DoD Executive Agent'' in Directive 5101.1.

     SEC. 246. STUDY ON THORIUM-LIQUID FUELED REACTORS FOR NAVAL
                   FORCES.

       (a) Study Required.--The Secretary of Defense and the
     Chairman of the Joint Chiefs of Staff shall jointly carry out
     a study on the use of thorium-liquid fueled nuclear reactors
     for naval power needs pursuant to section 1012, of the
     National Defense Authorization Act for Fiscal Year 2008
     (Public Law 110-181; 122 Stat. 303).
       (b) Contents of Study.--In carrying out the study required
     under subsection (a), the Secretary of Defense and the
     Chairman of the Joint Chiefs of Staff shall, with respect to
     naval power requirements for the Navy strike and amphibious
     force--
       (1) compare and contrast thorium-liquid fueled reactor
     concept to the 2005 Quick Look, 2006 Navy Alternative
     Propulsion Study, and the navy CG(X) Analysis of Alternatives
     study;
       (2) identify the benefits to naval operations which
     thorium-liquid fueled nuclear reactors or uranium reactors
     would provide to major surface combatants compared to
     conventionally fueled ships, including such benefits with
     respect to--
       (A) fuel cycle, from mining to waste disposal;
       (B) security of fuel supply;
       (C) power needs for advanced weapons and sensors;
       (D) safety of operation, waste handling and disposal, and
     proliferation issues compared to uranium reactors;
       (E) no requirement to refuel and reduced logistics;
       (F) ship upgrades and retrofitting;
       (G) reduced manning;
       (H) global range at flank speed, greater forward presence,
     and extended combat operations;
       (I) power for advanced sensors and weapons, including
     electromagnetic guns and lasers;
       (J) survivability due to increased performance and reduced
     signatures;
       (K) high power density propulsion;
       (L) operational tempo;
       (M) operational effectiveness; and
       (N) estimated cost-effectiveness; and
       (3) conduct a ROM cost-effectiveness comparison of nuclear
     reactors in use by the Navy as of the date of the enactment
     of this Act, thorium-liquid fueled reactors, and conventional
     fueled major surface combatants, which shall include a
     comparison of--
       (A) security, safety, and infrastructure costs of fuel
     supplies;
       (B) nuclear proliferation issues;
       (C) reactor safety;
       (D) nuclear fuel safety, waste handling, and storage;
       (E) power requirements and distribution for sensors,
     weapons, and propulsion; and
       (F) capabilities to fully execute the Navy Maritime
     Strategic Concept.
       (c) Report.--Not later than February 1, 2011, the Secretary
     of Defense and the Chairman of the Joint Chiefs of Staff
     shall jointly submit to the congressional defense committees
     a report on the results of the study required under
     subsection (a).

     SEC. 247. VISITING NIH SENIOR NEUROSCIENCE FELLOWSHIP
                   PROGRAM.

       (a) Authority to Establish.--The Secretary of Defense may
     establish a program to be known as the Visiting NIH Senior
     Neuroscience Fellowship Program at--
       (1) the Defense Advanced Research Projects Agency; and
       (2) the Defense Center of Excellence for Psychological
     Health and Traumatic Brain Injury.
       (b) Activities of the Program.--In establishing the
     Visiting NIH Senior Neuroscience Fellowship Program under
     subsection (a), the Secretary shall require the program to--
       (1) provide a partnership between the National Institutes
     of Health and the Defense Advanced Research Projects Agency
     to enable identification and funding of the broadest range of
     innovative, highest quality clinical and experimental
     neuroscience studies for the benefit of members of the Armed
     Forces;
       (2) provide a partnership between the National Institutes
     of Health and the Defense Center of Excellence for
     Psychological Health and Traumatic Brain Injury that will
     enable identification and funding of clinical and
     experimental neuroscience studies for the benefit of members
     of the Armed Forces;
       (3) use the results of the studies described in paragraph
     (1) and (2) to enhance the mission of the National Institutes
     of Health for the benefit of the public; and
       (4) provide a military and civilian collaborative
     environment for neuroscience-based medical problem-solving in
     critical areas affecting both military and civilian life,
     particularly post-traumatic stress disorder.
       (c) Period of Fellowship.--The period of any fellowship
     under the Program shall not last more than 2 years and shall
     not continue unless agreed upon by the parties concerned.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

Sec. 311. Clarification of requirement for use of available funds for
              Department of Defense participation in conservation
              banking programs.
Sec. 312. Reauthorization of title I of Sikes Act.
Sec. 313. Authority of Secretary of a military department to enter into
              interagency agreements for land management on Department
              of Defense installations.
Sec. 314. Reauthorization of pilot program for invasive species
              management for military installations in Guam.
Sec. 315. Reimbursement of Environmental Protection Agency for certain
              costs in connection with the Former Nansemond Ordnance
              Depot Site, Suffolk, Virginia.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Public-private competition required before conversion of any
              Department of Defense function performed by civilian
              employees to contractor performance.
Sec. 322. Time limitation on duration of public-private competitions.
Sec. 323. Inclusion of installation of major modifications in
              definition of depot-level maintenance and repair.
Sec. 324. Modification of authority for Army industrial facilities to
              engage in cooperative activities with non-Army entities.
Sec. 325. Cost-benefit analysis of alternatives for performance of
              planned maintenance interval events and concurrent
              modifications performed on the AV-8B Harrier weapons
              system.
Sec. 326. Termination of certain public-private competitions for
              conversion of Department of Defense functions to
              performance by a contractor.
Sec. 327. Temporary suspension of public-private competitions for
              conversion of Department of Defense functions to
              performance by a contractor.
Sec. 328. Requirement for debriefings related to conversion of
              functions from performance by Federal employees to
              performance by a contractor.
Sec. 329. Amendments to bid protest procedures by Federal employees and
              agency officials in conversions of functions from
              performance by Federal employees to performance by a
              contractor.

                      Subtitle D--Energy Security

Sec. 331. Authorization of appropriations for Director of Operational
              Energy.
Sec. 332. Report on implementation of Comptroller General
              recommendations on fuel demand management at forward-
              deployed locations.
Sec. 333. Consideration of renewable fuels.
Sec. 334. Department of Defense goal regarding procurement of renewable
              aviation fuels.

                          Subtitle E--Reports

Sec. 341. Annual report on procurement of military working dogs.

                       Subtitle F--Other Matters

Sec. 351. Authority for airlift transportation at Department of Defense
              rates for non-Department of Defense Federal cargoes.
Sec. 352. Requirements for standard ground combat uniform.
Sec. 353. Restriction on use of funds for counterthreat finance
              efforts.
Sec. 354. Limitation on obligation of funds pending submission of
              classified justification material.
Sec. 355. Condition-based maintenance demonstration programs.

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for the use of the Armed Forces and other
     activities and agencies of the Department of Defense for
     expenses, not otherwise provided for, for operation and
     maintenance, in amounts as follows:
       (1) For the Army, $31,398,432,000.
       (2) For the Navy, $35,330,997,000.
       (3) For the Marine Corps, $5,570,823,000.
       (4) For the Air Force, $34,451,654,000.
       (5) For Defense-wide activities, $29,016,532,000.
       (6) For the Army Reserve, $2,572,196,000.
       (7) For the Naval Reserve, $1,292,501,000.
       (8) For the Marine Corps Reserve, $228,925,000.
       (9) For the Air Force Reserve, $3,088,528,000.
       (10) For the Army National Guard, $6,268,884,000.
       (11) For the Air National Guard, $5,919,461,000.
       (12) For the United States Court of Appeals for the Armed
     Forces, $13,932,000.
       (13) For the Acquisition Development Workforce Fund,
     $100,000,000.
       (14) For Environmental Restoration, Army, $415,864,000.
       (15) For Environmental Restoration, Navy, $285,869,000.
       (16) For Environmental Restoration, Air Force,
     $494,276,000.

[[Page H7271]]

       (17) For Environmental Restoration, Defense-wide,
     $11,100,000.
       (18) For Environmental Restoration, Formerly Used Defense
     Sites, $267,700,000.
       (19) For Overseas Humanitarian, Disaster, and Civic Aid
     programs, $109,869,000.
       (20) For Cooperative Threat Reduction programs,
     $434,093,000.
       (21) For the Overseas Contingency Operations Transfer Fund,
     $5,000,000.

                  Subtitle B--Environmental Provisions

     SEC. 311. CLARIFICATION OF REQUIREMENT FOR USE OF AVAILABLE
                   FUNDS FOR DEPARTMENT OF DEFENSE PARTICIPATION
                   IN CONSERVATION BANKING PROGRAMS.

       Section 2694c of title 10, United States Code, is amended--
       (1) in subsection (a), by striking ``to carry out this
     section'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following new
     subsection (d):
       ``(d) Source of Funds.--(1) Amounts described in paragraph
     (2) shall be available for activities under this section.
       ``(2) Amounts described in this paragraph are amounts
     available for any of the following:
       ``(A) Operation and maintenance.
       ``(B) Military construction.
       ``(C) Research, development, test, and evaluation.
       ``(D) The Support for United States Relocation to Guam
     Account established under section 2824 of the Duncan Hunter
     National Defense Authorization Act for Fiscal Year 2009
     (Public Law 110-417; 122 Stat. 4730; 10 U.S.C. 2687 note).''.

     SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT.

       (a) Reauthorization.--Section 108 of the Sikes Act (16
     U.S.C. 670f) is amended by striking ``fiscal years 2004
     through 2008'' each place it appears and inserting ``fiscal
     years 2010 through 2015''.
       (b) Clarification of Authorizations.--Such section is
     further amended--
       (1) in subsection (b), by striking ``There are authorized''
     and inserting ``Of the amounts authorized to be appropriated
     to the Department of Defense, there are authorized''; and
       (2) in subsection (c), by striking ``There are authorized''
     and inserting ``Of the amounts authorized to be appropriated
     to the Department of the Interior, there are authorized''.

     SEC. 313. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT TO
                   ENTER INTO INTERAGENCY AGREEMENTS FOR LAND
                   MANAGEMENT ON DEPARTMENT OF DEFENSE
                   INSTALLATIONS.

       (a) Authority.--Section 103 of the Sikes Act (16 U.S.C.
     670c-1) is amended--
       (1) in subsection (a)--
       (A) by inserting after ``and individuals'' the following:
     ``, and into interagency agreements with the heads of other
     Federal departments and agencies,''; and
       (B) in paragraph (2), by inserting ``or interagency
     agreement'' after ``cooperative agreement'';
       (2) in subsection (b), by inserting ``or interagency
     agreement'' after ``cooperative agreement''; and
       (3) in subsection (c), by inserting ``and interagency
     agreements'' after ``cooperative agreements'' the first place
     it appears.
       (b) Clerical Amendments.--The heading for such section is
     amended by inserting ``AND INTERAGENCY'' after
     ``COOPERATIVE''and the table of contents for such Act is
     conformed accordingly.

     SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR INVASIVE
                   SPECIES MANAGEMENT FOR MILITARY INSTALLATIONS
                   IN GUAM.

       Section 101(g)(1) of the Sikes Act (16 U.S.C. 670a(g)(1))
     is amended by striking ``fiscal years 2004 through 2008'' and
     inserting ``fiscal years 2010 through 2015''.

     SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY
                   FOR CERTAIN COSTS IN CONNECTION WITH THE FORMER
                   NANSEMOND ORDNANCE DEPOT SITE, SUFFOLK,
                   VIRGINIA.

       (a) Authority to Reimburse.--
       (1) Transfer amount.--Using funds described in subsection
     (b) and notwithstanding section 2215 of title 10, United
     States Code, the Secretary of Defense may transfer not more
     than $68,623 during fiscal year 2010 to the Former Nansemond
     Ordnance Depot Site Special Account, within the Hazardous
     Substance Superfund.
       (2) Purpose of reimbursement.--The payment under paragraph
     (1) is final payment to reimburse the Environmental
     Protection Agency for all costs incurred in overseeing a time
     critical removal action performed by the Department of
     Defense under the Defense Environmental Restoration Program
     for ordnance and explosive safety hazards at the Former
     Nansemond Ordnance Depot Site, Suffolk, Virginia.
       (3) Interagency agreement.--The reimbursement described in
     paragraph (2) is provided for in an interagency agreement
     entered into by the Department of the Army and the
     Environmental Protection Agency for the Former Nansemond
     Ordnance Depot Site in December 1999.
       (b) Source of Funds.--Any payment under subsection (a)
     shall be made using funds authorized to be appropriated by
     section 301(17) of this Act for operation and maintenance for
     Environmental Restoration, Formerly Used Defense Sites.
       (c) Use of Funds.--The Environmental Protection Agency
     shall use the amount transferred under subsection (a) to pay
     costs incurred by the agency at the Former Nansemond Ordnance
     Depot Site.

                 Subtitle C--Workplace and Depot Issues

     SEC. 321. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE
                   CONVERSION OF ANY DEPARTMENT OF DEFENSE
                   FUNCTION PERFORMED BY CIVILIAN EMPLOYEES TO
                   CONTRACTOR PERFORMANCE.

       (a) Requirement.--Section 2461(a)(1) of title 10, United
     States Code, is amended--
       (1) by striking ``A function'' and inserting ``No
     function'';
       (2) by striking ``10 or more''; and
       (3) by striking ``may not be converted'' and inserting
     ``may be converted''.
       (b) Effective Date.--The amendments made by subsection (a)
     shall apply with respect to a function for which a public-
     private competition is commenced on or after the date of the
     enactment of this Act.

     SEC. 322. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE
                   COMPETITIONS.

       (a) Time Limitation.--Section 2461(a) of title 10, United
     States Code, is amended by adding at the end the following
     new paragraph:
       ``(5)(A) The duration of a public-private competition
     conducted pursuant to Office of Management and Budget
     Circular A-76 or any other provision of law for any function
     of the Department of Defense performed by Department of
     Defense civilian employees may not exceed a period of 540
     days, commencing on the date on which the preliminary
     planning for the public-private competition begins through
     the date on which a performance decision is rendered with
     respect to the function.
       ``(B) The time period specified in subparagraph (A) for a
     public-private competition does not include any day during
     which the public-private competition is delayed by reason of
     a protest before the Government Accountability Office or the
     United States Court of Federal Claims unless the Secretary of
     Defense determines that the delay is caused by issues being
     raised during the appellate process that were not previously
     raised during the competition.
       ``(C) In this paragraph, the term `preliminary planning'
     with respect to a public-private competition means any action
     taken to carry out any of the following activities:
       ``(i) Determining the scope of the competition.
       ``(ii) Conducting research to determine the appropriate
     grouping of functions for the competition.
       ``(iii) Assessing the availability of workload data,
     quantifiable outputs of functions, and agency or industry
     performance standards applicable to the competition.
       ``(iv) Determining the baseline cost of any function for
     which the competition is conducted.''.
       (b) Effective Date.--Paragraph (5) of section 2461(a) of
     title 10, United States Code, as added by subsection (a),
     shall apply with respect to a public-private competition
     covered by such section that is being conducted on or after
     the date of the enactment of this Act.

     SEC. 323. INCLUSION OF INSTALLATION OF MAJOR MODIFICATIONS IN
                   DEFINITION OF DEPOT-LEVEL MAINTENANCE AND
                   REPAIR.

       Section 2460 of title 10, United States Code, is amended in
     the second sentence--
       (1) by striking ``and'' before ``(2)''; and
       (2) by inserting before the period at the end the
     following: ``, and (3) the installation of major
     modifications, including performance or safety
     modifications''.

     SEC. 324. MODIFICATION OF AUTHORITY FOR ARMY INDUSTRIAL
                   FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES
                   WITH NON-ARMY ENTITIES.

       The second sentence of section 4544(a) of title 10, United
     States Code, is amended by inserting before the period at the
     end the following: ``in addition to the contracts and
     cooperative agreements in effect as of the date of the
     enactment of the National Defense Authorization Act for
     Fiscal Year 2008 (Public Law 110-181)''.

     SEC. 325. COST-BENEFIT ANALYSIS OF ALTERNATIVES FOR
                   PERFORMANCE OF PLANNED MAINTENANCE INTERVAL
                   EVENTS AND CONCURRENT MODIFICATIONS PERFORMED
                   ON THE AV-8B HARRIER WEAPONS SYSTEM.

       (a) Cost-Benefit Analysis Required.--The Secretary of the
     Navy, in consultation with the Commandant of the Marine
     Corps, shall carry out a thorough economic analysis of the
     costs and benefits associated with each alternative the
     Secretary is considering for the performance of planned
     maintenance interval events and concurrent or stand alone
     modifications performed on the AV-8B Harrier weapons system.
     Such analysis shall be performed in accordance with
     Department of Defense Instruction 7043.1, entitled ``Economic
     Analysis for Decisionmaking'', and Office of Management and
     Budget Circular A-94, entitled ``Guidelines and Discount
     Rates for Benefit-Cost Analysis of Federal Programs'' and
     dated October 29, 1992, and, for each such alternative, shall
     include an assessment of the following:
       (1) The effect of the loss of workload on organic depot
     labor rates associated with each alternative.
       (2) The effect on the depot net operating result for each
     such alternative.
       (3) The effect on long-term sustainment of depot-level
     capabilities for future support of core workload throughout
     the life cycle of the AV8B Harrier weapons system.
       (4) The risk to readiness, the aviation safety risk, and
     the enterprise-wide financial risk associated with each such
     alternative.
       (b) Report Required.--Not later than 180 days after the
     date of the enactment of this Act, the Secretary of the Navy
     shall submit to the congressional defense committees a report
     on the cost-benefit analysis required in subsection (a). The
     report shall include each of the following:
       (1) The criteria and rationale used to classify work as
     organization-level maintenance or depot-level maintenance.

[[Page H7272]]

       (2) An explanation of the core logistics capabilities and
     associated workload requirements for the AV-8B weapons
     system, including an explanation of how such requirements
     were determined and rationale for classifying the planned
     maintenance interval events and concurrent or stand alone
     modifications on the AV-8B as above core workload.
       (3) An assessment of the effects of proposed workload
     transfer on the Department of the Navy's division of depot
     maintenance funding between public and private sectors in
     accordance with section 2466(a) of title 10, United States
     Code.
       (c) Prohibition on Contracting Activities.--The Secretary
     of the Navy may not enter into a contract for the performance
     of planned maintenance interval events or associated depot-
     level maintenance activities, including concurrent or stand
     alone modifications, by non-Federal Government personnel
     until 90 days after the date on which the Secretary completes
     the assessment required under subsection (a) and submits the
     report required under subsection (b).

     SEC. 326. TERMINATION OF CERTAIN PUBLIC-PRIVATE COMPETITIONS
                   FOR CONVERSION OF DEPARTMENT OF DEFENSE
                   FUNCTIONS TO PERFORMANCE BY A CONTRACTOR.

       (a) Temporary Suspension of Pending Studies.--The Secretary
     of Defense shall halt all pending public-private competitions
     being conducted pursuant to section 2461 of title 10, United
     States Code, or Office of Management and Budget Circular A-76
     that had not resulted in conversion to performance to a
     contractor as of March 26, 2009, until such time as the
     Secretary may review such competitions.
       (b) Review and Approval Process.--
       (1) Review required.--Before recommencing any pending study
     for a public-private competition halted under subsection (a),
     the Secretary of Defense shall review all the studies halted
     by reason of that subsection and take the following actions
     with respect to each such study:
       (A) Describe the methodology and data sources along with
     outside resources to gather and analyze information necessary
     to estimate cost savings.
       (B) Certify that the estimated savings are still
     achievable.
       (C) Document the rationale for rejecting an individual
     command's request to cancel, defer, or reduce the scope of a
     decision to conduct the study.
       (D) Consider alternatives to the study that would provide
     savings and improve performance such as internal
     reorganizations.
       (E) Include any other relevant information to justify
     recommencement of the study.
       (2) Termination of certain studies.--The Secretary of
     Defense shall terminate any study for a public-private
     competition that has been conducted for longer than 18 months
     (beginning with preliminary planning and ending with the
     exhaustion of General Accountability Office protests), or
     submit to Congress a written justification for continuing of
     the study.
       (c) Congressional Notification.--The Secretary of Defense
     may not recommence a study halted pursuant to subsection (a)
     until the Secretary submits to Congress a report describing
     the actions taken by the Secretary under paragraphs (1) and
     (2) of subsection (b).

     SEC. 327. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE COMPETITIONS
                   FOR CONVERSION OF DEPARTMENT OF DEFENSE
                   FUNCTIONS TO PERFORMANCE BY A CONTRACTOR.

       During the period beginning on the date of the enactment of
     this Act and ending on September 30, 2012, no study or
     competition regarding the conversion to performance by a
     contractor of any Department of Defense function may be begun
     or announced pursuant to 2461 of title 10, United States
     Code, or otherwise pursuant to Office of Management and
     Budget Circular A-76.

     SEC. 328. REQUIREMENT FOR DEBRIEFINGS RELATED TO CONVERSION
                   OF FUNCTIONS FROM PERFORMANCE BY FEDERAL
                   EMPLOYEES TO PERFORMANCE BY A CONTRACTOR.

       The Administrator for Federal Procurement Policy shall
     revise the Federal Acquisition Regulation to allow for pre-
     award and post-award debriefings of Federal employee
     representatives in the case of a conversion of any function
     from performance by Federal employees to performance by a
     contractor. Such debriefings will conform to the requirements
     of section 2305(b)(6)(A) of title 10, United States Code,
     section 303B(f) of the Federal Property and Administrative
     Services Act of 1949 (41 U.S.C. 253b(f)), and subparts 15.505
     and 15.506 (as in effect on the date of the enactment of this
     Act ) of the Federal Acquisition Regulation.

     SEC. 329. AMENDMENTS TO BID PROTEST PROCEDURES BY FEDERAL
                   EMPLOYEES AND AGENCY OFFICIALS IN CONVERSIONS
                   OF FUNCTIONS FROM PERFORMANCE BY FEDERAL
                   EMPLOYEES TO PERFORMANCE BY A CONTRACTOR.

       (a) Protest Jurisdiction of the Comptroller General.--
     Section 3551(1) of title 31, United States Code, is amended
     by adding at the end the following new subparagraph:
       ``(E) Conversion of a function that is being performed by
     Federal employees to private sector performance.''.
       (b) Eligibility to Protest Public-Private Competitions.--
     Clause (i) of paragraph (2)(B) of section 3551 of title 31,
     United States Code, is amended to read as follows:
       ``(i) any official who is responsible for submitting the
     agency tender in such competition; and''.
       (c) Prejudice to Federal Employees.--
       (1) In general.--Section 3557 of title 31, United States
     Code, is amended--
       (A) by inserting ``(a) Expedited Action.--'' before ``For
     any protest''; and
       (B) by adding at the end the following new subsection:
       ``(b) Injury to Federal Employees.--In the case of a
     protest filed by an interested party described in
     subparagraph (B) of section 3551(2) of this title, a showing
     that a Federal employee has been displaced from performing a
     function or part thereof, and that function is being
     performed by the private sector, is sufficient evidence that
     a conversion has occurred resulting in concrete injury and
     prejudice to the Federal employee as a consequence of agency
     action.''.
       (2) Conforming and clerical amendments.--
       (A) The heading of section 3557 of such title is amended to
     read as follows:

     ``Sec. 3557. Protests of public-private competitions''.

       (B) The item relating to section 3557 in the table of
     sections at the beginning of chapter 35 of such title is
     amended to read as follows:

``3557. Protests of public-private competitions.''.

       (d) Decisions on Protests.--Section 3554(b) of title 31,
     United States Code, is amended--
       (1) by redesignating subparagraphs (F) and (G) as
     subparagraphs (G) and (H), respectively;
       (2) by inserting after subparagraph (E) the following new
     subparagraph (F):
       ``(F) cancel the solicitation issued pursuant to the
     public-private competition conducted under Office of
     Management and Budget Circular A-76 or any successor
     circular;''; and
       (3) in subparagraph (G), as redesignated by paragraph (1),
     by striking ``, and (E)'' an inserting ``, (E), and (G)''.
       (e) Applicability.--The amendments made by this section
     shall apply--
       (1) to any protest or civil action that relates to a
     public-private competition conducted after the date of the
     enactment of this Act under Office of Management and Budget
     Circular A-76, or any successor circular; or
       (2) to a decision made after the date of the enactment of
     this Act to convert a function performed by Federal employees
     to private sector performance without a competition under
     Office of Management and Budget Circular A-76.

                      Subtitle D--Energy Security

     SEC. 331. AUTHORIZATION OF APPROPRIATIONS FOR DIRECTOR OF
                   OPERATIONAL ENERGY.

       Of the amounts authorized to be appropriated for Operation
     and Maintenance, Defense-wide, $5,000,000 is for the Director
     of Operational Energy Plans and Programs to carry out the
     duties prescribed for the Director under section 139b of
     title 10, United States Code, to be made available upon the
     confirmation of an individual to serve as the Director of
     Operational Energy Plans and Programs.

     SEC. 332. REPORT ON IMPLEMENTATION OF COMPTROLLER GENERAL
                   RECOMMENDATIONS ON FUEL DEMAND MANAGEMENT AT
                   FORWARD-DEPLOYED LOCATIONS.

       Not later than February 1, 2010, the Director of
     Operational Energy Plans and Programs of the Department of
     Defense (or, in the event that no individual has been
     confirmed as the Director, the Secretary of Defense) shall
     submit to the Committees on Armed Services of the Senate and
     House of Representatives a report on any specific actions
     that have been taken to implement the following three
     recommendations made by the Comptroller General:
       (1) The recommendation that each of the combatant
     commanders establish requirements for managing fuel demand at
     forward-deployed locations within their respective areas of
     responsibility.
       (2) The recommendation that the head of each military
     department develop guidance to implement such requirements.
       (3) The recommendation that the Chairman of the Joint
     Chiefs of Staff require that fuel demand considerations be
     incorporated into the Joint Staff's initiative to develop
     joint standards of life support at forward-deployed
     locations.

     SEC. 333. CONSIDERATION OF RENEWABLE FUELS.

       (a) In General.--The Secretary of Defense shall consider
     renewable fuels, including domestically produced algae-based,
     biodiesel, and biomass-derived fuels, for testing,
     certification, and use in aviation, maritime, and ground
     transportation fleets.
       (b) Report.--Not later than February 1, 2010, the Secretary
     of Defense shall submit to the Committees on Armed Services
     of the Senate and House of Representatives a report on the
     Secretary's consideration of renewable fuels that includes
     each of the following:
       (1) An assessment of the use of renewable fuels, including
     domestically produced algae-based, biodiesel, and biomass-
     derived fuels, as alternative fuels in aviation, maritime,
     and ground transportation fleets (including tactical vehicles
     and applications). Such assessment shall include technical,
     logistical, and policy considerations.
       (2) An assessment of whether it would be beneficial to
     establish a renewable fuel commodity class that is distinct
     from petroleum-based products.

     SEC. 334. DEPARTMENT OF DEFENSE GOAL REGARDING PROCUREMENT OF
                   RENEWABLE AVIATION FUELS.

       (a) Subchapter II of chapter 173 of title 10, United States
     Code, is amended by adding at the end the following new
     section:

     ``Sec. 2922g. Goal regarding procurement of renewable
       aviation fuels

       ``It shall be the goal of the Department of Defense--
       ``(1) for fiscal year 2025, and each subsequent fiscal
     year, to procure from renewable aviation fuel sources not
     less than 25 percent of the total quantity of aviation fuel
     consumed by the Department of Defense in the contiguous
     United States; and
       ``(2) to procure fuels from renewable aviation fuel sources
     whenever the use of such renewable

[[Page H7273]]

     aviation fuels is consistent with the operational energy
     strategy required by section 139b(d) of this title.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such chapter is amended by inserting after the
     item relating to section 2922f the following new item:

``2922g. Goal regarding procurement of renewable aviation fuels.''.

                          Subtitle E--Reports

     SEC. 341. ANNUAL REPORT ON PROCUREMENT OF MILITARY WORKING
                   DOGS.

       Section 358 of the Duncan Hunter National Defense
     Authorization Act for Fiscal Year 2009 (Public Law 110-417;
     122 Stat. 4427; 10 U.S.C. 2302 note) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new
     subsection (c):
       ``(c) Annual Report.--Not later than 90 days after the date
     of the enactment of the National Defense Authorization Act
     for Fiscal Year 2010, and annually thereafter, the Secretary,
     acting through the Executive Agent, shall submit to the
     congressional defense committees a report on the procurement
     of military working dogs for the fiscal year preceding the
     fiscal year during which the report is submitted. Such a
     report may be combined with the report required under section
     2582(f) of title 10, United States Code, for the same fiscal
     year as the fiscal year covered by the report under this
     subsection. Each report under this subsection shall include
     the following for the fiscal year covered by the report:
       ``(1) The number of military working dogs procured from
     domestic breeders by each military department or Defense
     Agency.
       ``(2) The number of military working dogs procured from
     non-domestic breeders by each military department or Defense
     Agency.
       ``(3) The total cost of procuring military working dogs
     from domestic breeders and the total cost of procuring such
     dogs from non-domestic breeders.
       ``(4) The total cost of procuring military working dogs for
     each military department or Defense Agency.''.

                       Subtitle F--Other Matters

     SEC. 351. AUTHORITY FOR AIRLIFT TRANSPORTATION AT DEPARTMENT
                   OF DEFENSE RATES FOR NON-DEPARTMENT OF DEFENSE
                   FEDERAL CARGOES.

       (a) In General.--Section 2642(a) of title 10, United States
     Code, is amended by adding at the end the following new
     paragraph:
       ``(3) During the five-year period beginning on the date of
     the enactment of the National Defense Authorization Act for
     Fiscal Year 2010, for military airlift services provided to
     any element of the Federal Government outside the Department
     of Defense in circumstances other than those specified in
     paragraphs (1) and (2), but only if the Secretary of Defense
     determines that the provision of such services will promote
     the improved use of airlift capacity without any negative
     effect on national security objectives or the national
     security interests contained within the United States
     commercial air industry.''.
       (b) Annual Report.--Not later than March 1 of each year for
     which the paragraph (3) of section 2642(a) of title 10,
     United States Code, as added by subsection (a), is in effect,
     the Secretary of Defense shall submit to the Committees on
     Armed Services of the Senate and House of Representatives an
     annual report describing, in detail, the Secretary's use of
     the authority under that paragraph, including--
       (1) how the authority was used;
       (2) the frequency of use of the authority;
       (3) the Secretary's rationale for the use of the authority;
     and
       (4) for which agencies the authority was used.

     SEC. 352. REQUIREMENTS FOR STANDARD GROUND COMBAT UNIFORM.

       The Secretary of Defense, in consultation with the Director
     of the Defense Logistics Agency, shall standardize the design
     of future ground combat uniforms. The future ground combat
     uniforms designed pursuant to this section shall be designed
     to--
       (1) increase the interoperability of ground combat forces;
       (2) eliminate any uniqueness that could pose a tactical
     risk in a theater of operations;
       (3) maximize conformance with personal protective gear and
     body armor;
       (4) ensure standard coloration and pattern for the uniform;
       (5) be appropriate to the terrain, climate, and conditions
     in which the forces may be operating;
       (6) minimize production costs; and
       (7) minimize costs to the services for issuing the new
     standard ground combat uniform.

     SEC. 353. RESTRICTION ON USE OF FUNDS FOR COUNTERTHREAT
                   FINANCE EFFORTS.

       (a) Restriction.--Of the amounts authorized to be
     appropriated by this Act for fiscal year 2010, not more than
     90 percent may be obligated or expended to support personnel
     and operations for Department of Defense counterthreat
     finance efforts, except for activities carried out by
     Department of Defense personnel and by personnel employed
     pursuant to a contract entered into by the Secretary of
     Defense, until the Secretary of Defense, in consultation with
     the Secretary of State, the Secretary of the Treasury, and
     the Attorney General, submits to the congressional defense
     committees a report on--
       (1) the nature and extent of the mission of such
     counterthreat finance efforts;
       (2) the nature and extent of future cost requirements
     associated with the mission;
       (3) the nature and extent of Department of Defense
     resources required to support the mission;
       (4) the nature and extent of support, including personnel
     and funding support, from other departments and agencies
     required to execute the mission, including Department of
     Defense force planning and funding initiatives; and
       (5) the nature and extent of both existing and future
     contractor support necessary to meet the mission requirements
     of the mission.
       (b) Counterthreat Finance Efforts Defined.--In this
     section, the term ``counterthreat finance efforts'' has the
     meaning given that term pursuant to the Department of Defense
     memorandum dated December 2, 2008, and entitled ``Directive-
     Type Memorandum 08-034 - DOD Counterthreat Finance Policy''
     or any successor memorandum or related guidelines or
     regulations.

     SEC. 354. LIMITATION ON OBLIGATION OF FUNDS PENDING
                   SUBMISSION OF CLASSIFIED JUSTIFICATION
                   MATERIAL.

       Of the amounts authorized to be appropriated in this title
     for fiscal year 2010 for the Office of the Secretary of
     Defense for budget activity four, line 270, not more than 90
     percent may be obligated until 15 days after the information
     cited in the classified annex accompanying this Act relating
     to the provision of classified justification material to
     Congress is provided to the congressional defense committees.

     SEC. 355. CONDITION-BASED MAINTENANCE DEMONSTRATION PROGRAMS.

       (a) Tactical Wheeled Vehicles Program.--The Secretary of
     the Army may conduct a 12-month condition-based maintenance
     demonstration program on tactical wheeled vehicles,
     specifically the high mobility multi-purpose wheeled vehicle,
     the heavy expanded mobility tactical truck and the family of
     medium tactical vehicles.
       (b) Guided Missile Destroyer Program.--The Secretary of the
     Navy may conduct a 12-month demonstration program on at least
     four systems or components of the guided missile destroyer
     class of surface combatant ships.
       (c) Issues to Be Addressed.--The demonstration programs
     described in subsections (a) and (b) shall address--
       (1) the top 10 maintenance issues;
       (2) non-evidence of failures; and
       (3) projected return on investment analysis for a 10-year
     period.
       (d) Open Architecture.--The demonstration programs' design,
     system integration, and operations shall be conducted with an
     open architecture designed to--
       (1) interface with the extensible markup language industry
     standard to provide diagnostic and prognostic reasoning for
     systems, subsystems or components;
       (2) facilitate common software systems, diagnostics tools,
     reference models, diagnostics reasoners, electronic
     libraries, and user interfaces for multiple ship and vehicle
     types; and
       (3) support the Department of Defense's Class V interactive
     electronic technical manual operations.
       (e) Report.--The Secretary of the Army and the Secretary of
     the Navy shall submit a report to the congressional defense
     committees, not later than October 1, 2010, that assesses
     whether the respective military department could reduce
     maintenance costs and improve operational readiness by
     implementing condition-based maintenance for the current and
     future tactical wheeled vehicle fleets and Navy surface
     combatants.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
              levels.
Sec. 403. Additional authority for increases of Army active duty end
              strengths for fiscal years 2011 and 2012.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
              Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2010 limitation on number of non-dual status
              technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
              active duty for operational support.
Sec. 416. Submission of options for creation of Trainees, Transients,
              Holdees, and Students account for Army National Guard.

              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.
Sec. 422. Repeal of delayed one-time shift of military retirement
              payments.

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

       The Armed Forces are authorized strengths for active duty
     personnel as of September 30, 2010, as follows:
       (1) The Army, 547,400.
       (2) The Navy, 328,800.
       (3) The Marine Corps, 202,100.
       (4) The Air Force, 331,700.

     SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
                   MINIMUM LEVELS.

       Section 691(b) of title 10, United States Code, is amended
     by striking paragraphs (1) through (4) and inserting the
     following new paragraphs:
       ``(1) For the Army, 547,400.
       ``(2) For the Navy, 328,800.
       ``(3) For the Marine Corps, 202,100.
       ``(4) For the Air Force, 331,700.''.

     SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE
                   DUTY END STRENGTHS FOR FISCAL YEARS 2011 AND
                   2012.

       (a) Authority to Increase Army Active Duty End Strengths.--
       (1) Authority.--For each of fiscal years 2011 and 2012, the
     Secretary of Defense may, as the Secretary determines
     necessary for the purposes specified in paragraph (2),
     establish the active-duty end strength for the Army at a
     number

[[Page H7274]]

     greater than the number otherwise authorized by law up to the
     number equal to the fiscal-year 2010 baseline plus 30,000.
       (2) Purpose of increases.--The purposes for which increases
     may be made in Army active duty end strengths under
     paragraphs (1) and (2) are--
       (A) to support operational missions; and
       (B) to achieve reorganizational objectives, including
     increased unit manning, force stabilization and shaping, and
     supporting wounded warriors.
       (3) Fiscal-year 2010 baseline.--In this subsection, the
     term ``fiscal-year 2010 baseline'', with respect to the Army,
     means the active-duty end strength authorized for those
     services in section 401(1).
       (4) Active-duty end strength.--In this subsection, the term
     ``active-duty end strength'' means the strength for active-
     duty personnel of one the Armed Forces as of the last day of
     a fiscal year.
       (b) Relationship to Presidential Waiver Authority.--Nothing
     in this section shall be construed to limit the President's
     authority under section 123a of title 10, United States Code,
     to waive any statutory end strength in a time of war or
     national emergency.
       (c) Relationship to Other Variance Authority.--The
     authority under subsection (a) is in addition to the
     authority to vary authorized end strengths that is provided
     in subsections (e) and (f) of section 115 of title 10, United
     States Code.
       (d) Budget Treatment.--If the Secretary of Defense
     determines under subsection (a) that an increase in the Army
     active duty end strength for a fiscal year is necessary, then
     the budget for the Department of Defense for that fiscal year
     as submitted to the President shall include the amounts
     necessary for funding that active duty end strength in excess
     of the fiscal year 2010 active duty end strength authorized
     for the Army under section 401(1).

                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

       (a) In General.--The Armed Forces are authorized strengths
     for Selected Reserve personnel of the reserve components as
     of September 30, 2010, as follows:
       (1) The Army National Guard of the United States, 358,200.
       (2) The Army Reserve, 205,000.
       (3) The Navy Reserve, 65,500.
       (4) The Marine Corps Reserve, 39,600.
       (5) The Air National Guard of the United States, 106,700.
       (6) The Air Force Reserve, 69,500.
       (7) The Coast Guard Reserve, 10,000.
       (b) End Strength Reductions.--The end strengths prescribed
     by subsection (a) for the Selected Reserve of any reserve
     component shall be proportionately reduced by--
       (1) the total authorized strength of units organized to
     serve as units of the Selected Reserve of such component
     which are on active duty (other than for training) at the end
     of the fiscal year; and
       (2) the total number of individual members not in units
     organized to serve as units of the Selected Reserve of such
     component who are on active duty (other than for training or
     for unsatisfactory participation in training) without their
     consent at the end of the fiscal year.
       (c) End Strength Increases.--Whenever units or individual
     members of the Selected Reserve of any reserve component are
     released from active duty during any fiscal year, the end
     strength prescribed for such fiscal year for the Selected
     Reserve of such reserve component shall be increased
     proportionately by the total authorized strengths of such
     units and by the total number of such individual members.

     SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
                   SUPPORT OF THE RESERVES.

       Within the end strengths prescribed in section 411(a), the
     reserve components of the Armed Forces are authorized, as of
     September 30, 2010, the following number of Reserves to be
     serving on full-time active duty or full-time duty, in the
     case of members of the National Guard, for the purpose of
     organizing, administering, recruiting, instructing, or
     training the reserve components:
       (1) The Army National Guard of the United States, 32,060.
       (2) The Army Reserve, 16,261.
       (3) The Navy Reserve, 10,818.
       (4) The Marine Corps Reserve, 2,261.
       (5) The Air National Guard of the United States, 14,555.
       (6) The Air Force Reserve, 2,896.

     SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
                   STATUS).

       The minimum number of military technicians (dual status) as
     of the last day of fiscal year 2010 for the reserve
     components of the Army and the Air Force (notwithstanding
     section 129 of title 10, United States Code) shall be the
     following:
       (1) For the Army Reserve, 8,395.
       (2) For the Army National Guard of the United States,
     27,210.
       (3) For the Air Force Reserve, 10,417.
       (4) For the Air National Guard of the United States,
     22,313.

     SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF NON-DUAL
                   STATUS TECHNICIANS.

       (a) Limitations.--
       (1) National guard.--Within the limitation provided in
     section 10217(c)(2) of title 10, United States Code, the
     number of non-dual status technicians employed by the
     National Guard as of September 30, 2010, may not exceed the
     following:
       (A) For the Army National Guard of the United States,
     2,191.
       (B) For the Air National Guard of the United States, 350.
       (2) Army reserve.--The number of non-dual status
     technicians employed by the Army Reserve as of September 30,
     2010, may not exceed 595.
       (3) Air force reserve.--The number of non-dual status
     technicians employed by the Air Force Reserve as of September
     30, 2010, may not exceed 90.
       (b) Non-Dual Status Technicians Defined.--In this section,
     the term ``non-dual status technician'' has the meaning given
     that term in section 10217(a) of title 10, United States
     Code.

     SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
                   BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

       During fiscal year 2010, the maximum number of members of
     the reserve components of the Armed Forces who may be serving
     at any time on full-time operational support duty under
     section 115(b) of title 10, United States Code, is the
     following:
       (1) The Army National Guard of the United States, 17,000.
       (2) The Army Reserve, 13,000.
       (3) The Navy Reserve, 6,200.
       (4) The Marine Corps Reserve, 3,000.
       (5) The Air National Guard of the United States, 16,000.
       (6) The Air Force Reserve, 14,000.

     SEC. 416. SUBMISSION OF OPTIONS FOR CREATION OF TRAINEES,
                   TRANSIENTS, HOLDEES, AND STUDENTS ACCOUNT FOR
                   ARMY NATIONAL GUARD.

       (a) Report Required.--Not later than February 1, 2010, the
     Secretary of the Army shall submit to the congressional
     defense committees a report evaluating options, and including
     a recommendation, for the creation of a Trainees, Transients,
     Holdees, and Students Account within the Army National Guard.
       (b) Elements of Report.--At a minimum, the report shall
     address--
       (1) the timelines, cost, force structure changes, and end
     strength changes associated with each option;
       (2) the force structure and end strength changes and growth
     of the Army National Guard needed to support such an account;
       (3) how creation of such an account may affect plans under
     the Grow the Force initiative; and
       (4) the impact of such an account on readiness and training
     ratings for Army National Guard forces.
       (c) Sense of Congress Regarding Army National Guard End
     Strength.--
       (1) Findings.--Congress finds the following:
       (A) The President's budget for fiscal year 2010 included a
     2.82 percent increase in end strength for the Army, but only
     a 1.59 percent end strength increase for the Army National
     Guard.
       (B) The disproportionate growth in the end strengths of the
     reserve components is inconsistent with the emphasis placed
     by the Department of Defense on responding to asymmetric
     threats at home and abroad.
       (2) Sense of congress.--In light of such findings, Congress
     is concerned about unit readiness and the effect of pre-
     deployment cross-leveling on the Army National Guard and it
     is the sense of Congress that an increase in Army National
     Guard end strength should be considered in the deliberations
     of the next quadrennial defense review conducted under
     section 118 of title 10, United States Code.

              Subtitle C--Authorization of Appropriations

     SEC. 421. MILITARY PERSONNEL.

       There is hereby authorized to be appropriated to the
     Department of Defense for military personnel for fiscal year
     2010 a total of $135,723,781,000. The authorization in the
     preceding sentence supersedes any other authorization of
     appropriations (definite or indefinite) for such purpose for
     fiscal year 2010.

     SEC. 422. REPEAL OF DELAYED ONE-TIME SHIFT OF MILITARY
                   RETIREMENT PAYMENTS.

       (a) Repeal.--Section 1002 of the Duncan Hunter National
     Defense Authorization Act for Fiscal Year 2009 (Public Law
     110-417; 122 Stat. 4581) is repealed.
       (b) Effect on Earlier Transfer.--The repeal of section 1002
     of the Duncan Hunter National Defense Authorization Act for
     Fiscal Year 2009 by subsection (a) shall not affect the
     validity of the transfer of funds made pursuant to subsection
     (e) of such section before the date of the enactment of this
     Act.

                   TITLE V--MILITARY PERSONNEL POLICY

            Subtitle A--Military Personnel Policy Generally

Sec. 501. Extension of temporary increase in maximum number of days'
              leave members may accumulate and carryover.
Sec. 502. Rank requirement for officer serving as Chief of the Navy
              Dental Corps to correspond to Army and Air Force
              requirements.
Sec. 503. Computation of retirement eligibility for enlisted members of
              the Navy who complete the Seaman to Admiral (STA-21)
              officer candidate program.

         Subtitle B--Joint Qualified Officers and Requirements

Sec. 511. Revisions to annual reporting requirement on joint officer
              management.

                Subtitle C--General Service Authorities

Sec. 521. Medical examination required before separation of members
              diagnosed with or asserting post-traumatic stress
              disorder or traumatic brain injury.
Sec. 522. Evaluation of test of utility of test preparation guides and
              education programs in improving qualifications of
              recruits for the Armed Forces.
Sec. 523. Inclusion of email address on Certificate of Release or
              Discharge from Active Duty (DD Form 214).

[[Page H7275]]

                   Subtitle D--Education and Training

Sec. 531. Appointment of persons enrolled in Advanced Course of the
              Army Reserve Officers' Training Corps at military junior
              colleges as cadets in Army Reserve or Army National Guard
              of the United States.
Sec. 532. Increase in number of private sector civilians authorized for
              admission to National Defense University.
Sec. 533. Appointments to military service academies from nominations
              made by Delegate from the Commonwealth of the Northern
              Mariana Islands.
Sec. 534. Pilot program to establish and evaluate Language Training
              Centers for members of the Armed Forces and civilian
              employees of the Department of Defense.
Sec. 535. Use of Armed Forces Health Professions Scholarship and
              Financial Assistance program to increase number of health
              professionals with skills to assist in providing mental
              health care.
Sec. 536. Establishment of Junior Reserve Officer's Training Corps
              units for students in grades above sixth grade.

               Subtitle E--Defense Dependents' Education

Sec. 551. Continuation of authority to assist local educational
              agencies that benefit dependents of members of the Armed
              Forces and Department of Defense civilian employees.
Sec. 552. Determination of number of weighted student units for local
              educational agencies for receipt of basic support
              payments under impact aid.
Sec. 553. Permanent authority for enrollment in defense dependents'
              education system of dependents of foreign military
              members assigned to Supreme Headquarters Allied Powers,
              Europe.

                Subtitle F--Missing or Deceased Persons

Sec. 561. Additional requirements for accounting for members of the
              Armed Forces and Department of Defense civilian employees
              listed as missing in conflicts occurring before enactment
              of new system for accounting for missing persons.
Sec. 562. Clarification of guidelines regarding return of remains and
              media access at ceremonies for the dignified transfer of
              remains at Dover Air Force Base.

                   Subtitle G--Decorations and Awards

Sec. 571. Award of Vietnam Service Medal to veterans who participated
              in Mayaguez rescue operation.
Sec. 572. Authorization and request for award of Medal of Honor to
              Anthony T. Koho'ohanohano for acts of valor during the
              Korean War.
Sec. 573. Authorization and request for award of distinguished-service
              cross to Jack T. Stewart for acts of valor during the
              Vietnam War.
Sec. 574. Authorization and request for award of distinguished-service
              cross to William T. Miles, Jr., for acts of valor during
              the Korean War.

                     Subtitle H--Military Families

Sec. 581. Pilot program to secure internships for military spouses with
              Federal agencies.
Sec. 582. Report on progress made in implementing recommendations to
              reduce domestic violence in military families.
Sec. 583. Modification of Servicemembers Civil Relief Act regarding
              termination or suspension of service contracts and effect
              of violation of interest rate limitation.
Sec. 584. Protection of child custody arrangements for parents who are
              members of the armed forces deployed in support of a
              contingency operation.
Sec. 585. Definitions in Family and Medical Leave Act of 1993 related
              to active duty, servicemembers, and related matters.

                       Subtitle I--Other Matters

Sec. 591. Navy grants to Naval Sea Cadet Corps.
Sec. 592. Improved response and investigation of allegations of sexual
              assault involving members of the Armed Forces.
Sec. 593. Modification of matching fund requirements under National
              Guard Youth Challenge Program.

            Subtitle A--Military Personnel Policy Generally

     SEC. 501. EXTENSION OF TEMPORARY INCREASE IN MAXIMUM NUMBER
                   OF DAYS' LEAVE MEMBERS MAY ACCUMULATE AND
                   CARRYOVER.

       Section 701(d) of title 10, United States Code, is amended
     by striking ``December 31, 2010'' and inserting ``December
     31, 2012''.

     SEC. 502. RANK REQUIREMENT FOR OFFICER SERVING AS CHIEF OF
                   THE NAVY DENTAL CORPS TO CORRESPOND TO ARMY AND
                   AIR FORCE REQUIREMENTS.

       Section 5138(a) of title 10, United States Code, is
     amended--
       (1) by striking ``not below the grade of rear admiral
     (lower half) shall be detailed'' and inserting ``shall be
     appointed''; and
       (2) by adding at the end the following new sentence: ``An
     appointee who holds a lower regular grade shall be appointed
     as Chief of the Dental Corps in the regular grade of rear
     admiral.''.

     SEC. 503. COMPUTATION OF RETIREMENT ELIGIBILITY FOR ENLISTED
                   MEMBERS OF THE NAVY WHO COMPLETE THE SEAMAN TO
                   ADMIRAL (STA-21) OFFICER CANDIDATE PROGRAM.

       Section 6328 of title 10, United States Code, is amended by
     adding the following new subsection:
       ``(c) Time Spent in Seaman to Admiral Program.--The months
     of active service after January 1, 2011, in pursuit of a
     baccalaureate-level degree under the Seaman to Admiral (STA-
     21) program of the Navy for officer candidates selected for
     the program after January 11, 2010, shall be excluded in
     computing the years of service of an officer who was
     appointed to the grade of ensign in the Navy upon completion
     of the program to determine the eligibility of the officer
     for voluntary retirement. Such active service shall be
     counted in computing the years of active service of the
     officer for all other purposes.''.

         Subtitle B--Joint Qualified Officers and Requirements

     SEC. 511. REVISIONS TO ANNUAL REPORTING REQUIREMENT ON JOINT
                   OFFICER MANAGEMENT.

       Section 667 of title 10, United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``and their education
     and experience''; and
       (B) by adding at the end the following new subparagraph:
       ``(C) A comparison of the number of officers who were
     designated as a joint qualified officer who had served in a
     Joint Duty Assignment List billet and completed Joint
     Professional Military Education Phase II, with the number
     designated as a joint qualified officer based on their
     aggregated joint experiences and completion of Joint
     Professional Military Education Phase II.''.
       (2) by striking paragraphs (3), (4), (6), and (12);
       (3) by redesignating paragraph (5) as paragraph (3);
       (4) by redesignating paragraphs (7) through (11) as
     paragraphs (4) through (8), respectively;
       (5) by inserting after paragraph (8), as so redesignated,
     the following new paragraph:
       ``(9) With regard to the principal courses of instruction
     for Joint Professional Military Education Level II, the
     number of officers graduating from each of the following:
       ``(A) The Joint Forces Staff College.
       ``(B) The National Defense University.
       ``(C) Senior Service Schools.''; and
       (6) by redesignating paragraph (13) as paragraph (10).

                Subtitle C--General Service Authorities

     SEC. 521. MEDICAL EXAMINATION REQUIRED BEFORE SEPARATION OF
                   MEMBERS DIAGNOSED WITH OR ASSERTING POST-
                   TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN
                   INJURY.

       (a) Medical Examination Required.--
       (1) In general.--Chapter 59 of title 10, United States
     Code, is amended by inserting after section 1176 the
     following new section:

     ``Sec. 1177. Members diagnosed with or asserting post-
       traumatic stress disorder or traumatic brain injury:
       medical examination required before separation

       ``(a) Medical Examination Required.--(1) If a member of the
     armed forces who has been deployed overseas in support of a
     contingency operation is diagnosed by a physician, clinical
     psychologist, or psychiatrist as experiencing post-traumatic
     stress disorder or traumatic brain injury or otherwise
     asserts the influence of such a condition, the Secretary
     concerned may not authorize the involuntarily separation of
     the member or separation of the member under conditions other
     than honorable until after the member receives a medical
     examination to evaluate a diagnosis of post-traumatic stress
     disorder or traumatic brain injury.
       ``(2) In a case involving post-traumatic stress disorder,
     the medical examination shall be performed by a clinical
     psychologist or psychiatrist. In other cases, the examination
     may be performed by a physician, clinical psychologist,
     psychiatrist, or other health care professional, whoever is
     determined to be most appropriate.
       ``(b) Purpose of Medical Examination.--The medical
     examination required by subsection (a) shall endeavor to
     assess the degree to which the behavior of the member, on
     which the initial recommendation for an involuntarily
     separation or separation under conditions other than
     honorable is based, has been affected by post-traumatic
     stress disorder or traumatic brain injury.
       ``(c) Secretarial Discretion.--The Secretary concerned
     shall review the medical examination performed under
     subsection (a) with respect to a member, and the findings and
     conclusions of any physical evaluation board conducted with
     respect the member, to determine the appropriate course of
     action with regard to the separation of the member.''.
       (2) Clerical amendment.--The table of sections at the
     beginning of such chapter is amended by inserting after the
     item relating to section 1176 the following new item:

``1177. Members diagnosed with or asserting post-traumatic stress
              disorder or traumatic brain injury: physical evaluation
              board review before separation.''.

       (b) Review of Previous Discharges and Dismissals.--Section
     1553 of such title is amended by adding at the end the
     following new subsection:
       ``(d)(1) In the case of a former member of the armed forces
     who, while a member, was deployed in support of a contingency
     operation and who, at any time after such deployment, was
     diagnosed by a physician, clinical psychologist, or
     psychiatrist as experiencing post-traumatic stress disorder
     or traumatic brain injury, a board established under this
     section to review

[[Page H7276]]

     the former member's discharge or dismissal shall include a
     member who is a physician, clinical psychologist, or
     psychiatrist.
       ``(2) In the case of a former member described in paragraph
     (1) or a former member whose case involves personal health
     care issues as supporting rationale or as justification for
     priority consideration, the Secretary concerned shall render
     a final decision within six months of the receipt of an
     application to review a discharge or dismissal. The Secretary
     may delay a final decision beyond six months if the Secretary
     determines that, due to administrative reasons or to serve
     the best interest of the former member, a final decision
     cannot be rendered within such six-month period.
       ``(3) When authorized by a former member described in
     paragraph (1) or (2), a Member of Congress shall be advised
     of the decision of the board conducting the review of the
     former member's discharge or dismissal and the rationale used
     to support the decision.''.

     SEC. 522. EVALUATION OF TEST OF UTILITY OF TEST PREPARATION
                   GUIDES AND EDUCATION PROGRAMS IN IMPROVING
                   QUALIFICATIONS OF RECRUITS FOR THE ARMED
                   FORCES.

       Section 546(d) of the John Warner National Defense
     Authorization Act for Fiscal Year 2007 (Public Law 109-364;
     120 Stat. 2215) is amended--
       (1) in the second sentence, by striking ``in training and
     unit settings'' and inserting ``during training and unit
     assignments''; and
       (2) by adding at the end the following new sentence: ``Data
     to make the comparison between the two groups shall be
     derived from existing sources, which may include performance
     ratings, separations, promotions, awards and decorations, and
     reenlistment statistics.''.

     SEC. 523. INCLUSION OF EMAIL ADDRESS ON CERTIFICATE OF
                   RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM
                   214).

       Section 596 of the National Defense Authorization Act for
     Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note) is
     amended--
       (1) by inserting ``(a) Election to Forward Certificate to
     VA Offices.--'' before ``The Secretary of Defense''; and
       (2) by adding at the end the following new subsection:
       ``(b) Inclusion of Email Address.--The Secretary of Defense
     shall further modify the DD Form 214 in order to permit a
     member of the Armed Forces to include an email address on the
     form.''.

                   Subtitle D--Education and Training

     SEC. 531. APPOINTMENT OF PERSONS ENROLLED IN ADVANCED COURSE
                   OF THE ARMY RESERVE OFFICERS' TRAINING CORPS AT
                   MILITARY JUNIOR COLLEGES AS CADETS IN ARMY
                   RESERVE OR ARMY NATIONAL GUARD OF THE UNITED
                   STATES.

       Section 2107a(h) of title 10, United States Code, is
     amended--
       (1) by striking ``17 cadets'' and inserting ``22 cadets'';
       (2) by striking ``17 members'' and inserting ``22
     members''; and
       (3) by striking ``17 such members'' and inserting ``22 such
     members''.

     SEC. 532. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS
                   AUTHORIZED FOR ADMISSION TO NATIONAL DEFENSE
                   UNIVERSITY.

       Section 2167(a) of title 10, United States Code, is amended
     by striking ``10 full-time student positions'' and inserting
     ``20 full-time student positions''.

     SEC. 533. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM
                   NOMINATIONS MADE BY DELEGATE FROM THE
                   COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

       (a) United States Military Academy.--Section 4342(a)(10) of
     title 10, United States Code, is amended by striking ``One
     cadet'' and inserting ``Two cadets''.
       (b) United States Naval Academy.--Section 6954(a)(10) of
     such title is amended by striking ``One'' and inserting
     ``Two''.
       (c) United States Air Force Academy.--Section 9342(a)(10)
     of such title is amended by striking ``One cadet'' and
     inserting ``Two cadets''.
       (d) Effective Date.--The amendments made by this section
     shall apply with respect to appointments to the United States
     Military Academy, the United States Naval Academy, and the
     United States Air Force Academy beginning with the first
     class of candidates nominated for appointment to these
     military service academies after the date of the enactment of
     this Act.

     SEC. 534. PILOT PROGRAM TO ESTABLISH AND EVALUATE LANGUAGE
                   TRAINING CENTERS FOR MEMBERS OF THE ARMED
                   FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT
                   OF DEFENSE.

       (a) Pilot Program Required.--The Secretary of Defense shall
     carry out a pilot program to establish at least three
     Language Training Centers at accredited universities, senior
     military colleges, or other similar institutions of higher
     education to create the foundational critical and strategic
     language and regional area expertise, as defined by the
     Secretary of Defense, for members of the Armed Forces,
     including reserve component members and Reserve Officers'
     Training Corps candidates, and civilian employees of the
     Department of Defense.
       (b) Duration.--
       (1) Termination date.--The Language Training Centers under
     the pilot program shall be established not later than October
     1, 2010, and the authority to support the Language Training
     Centers under the pilot program shall terminate on September
     30, 2015.
       (2) Effect on participants.--Students participating in the
     pilot program before the termination date specified in
     paragraph (1) may be allowed to complete their studies under
     the program after that date.
       (c) Pilot Program Requirements.--At a minimum, the Language
     Training Centers shall--
       (1) develop a program to graduate members of the Armed
     Forces and civilian employees of the Department who are
     skilled in critical and strategic languages from beginning
     through advanced skill levels;
       (2) develop language proficiency training programs in
     designated critical and strategic languages tailored to meet
     operational readiness requirements;
       (3) develop alternative training delivery systems and
     modalities to meet language and regional area requirements,
     prior to deployment, during deployment, and post-deployment;
       (4) develop critical and strategic language programs that
     can be incorporated into Reserve Officers' Training Corps
     units to develop language skills among future military
     officers;
       (5) develop training and education programs that would
     expand the pool of qualified instructors and educators for
     the Armed Forces; and
       (6) develop a program to encourage native and heritage
     speakers of critical and strategic languages for recruitment
     into the Department of Defense or support the Civilian
     Linguist Reserve Corps.
       (d) Program Expansion.--The Language Training Centers may
     partner with elementary and secondary educational
     institutions to help develop critical and strategic language
     skills in students who may pursue a military career.
       (e) Program Coordination.--The Secretary of Defense shall
     ensure that the Language Training Centers build upon and take
     advantage of the experience and leadership of the National
     Security Education Program and the Defense Language
     Institute.
       (f) Evaluation.--The Secretary of Defense shall evaluate
     each Language Training Center in order to assess the cost and
     the effectiveness of the pilot program, including the
     following:
       (1) The success of the Language Training Center in
     providing critical and strategic language capabilities to
     members and Department of Defense employees.
       (2) The ability of the Language Training Center to create
     foundational critical and strategic language and regional
     area expertise in support of the Defense Language
     Transformation Roadmap;
       (g) Report to Congress.--Not later than December 31, 2015,
     the Secretary of Defense shall submit to the congressional
     defense committees a report on the pilot program. The report
     shall include the following:
       (1) A description of each Language Training Center.
       (2) An assessment of the effectiveness and the cost of the
     pilot program taken to create the foundational critical and
     strategic language and regional area expertise in support of
     the Defense Language Transformation Roadmap.
       (3) The success of each Language Training Center to provide
     critical and strategic language capabilities to members and
     Department of Defense employees.
       (4) Recommendations as to whether the pilot programs should
     be continued, and any modifications that may be necessary to
     continue the program.

     SEC. 535. USE OF ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP
                   AND FINANCIAL ASSISTANCE PROGRAM TO INCREASE
                   NUMBER OF HEALTH PROFESSIONALS WITH SKILLS TO
                   ASSIST IN PROVIDING MENTAL HEALTH CARE.

       (a) Additional Element Within Scholarship Program.--Section
     2121(a) of title 10, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) by striking ``in the various health professions'' and
     inserting ``(A) in the various health professions or (B) as a
     health professional with specific skills to assist in
     providing mental health care to members of the armed
     forces''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Under the program of a military department, the
     Secretary of that military department shall allocate a
     portion of the total number of scholarships to members of the
     program described in paragraph (1)(B) for the purpose of
     assisting such members to pursue a degree at the masters and
     doctoral level in any of the following disciplines:
       ``(A) Social work.
       ``(B) Clinical psychology.
       ``(C) Psychiatry.
       ``(D) Other disciplines that contribute to mental health
     care programs in that military department.''.
       (b) Authorized Number of Members of the Program.--Section
     2124 of such title is amended--
       (1) by striking ``The number'' and inserting ``(a)
     Authorized Number of Members of the Program.--The number'';
       (2) by striking ``6,000'' and inserting ``6,300''; and
       (3) by adding at the end the following new subsection:
       ``(b) Mental Health Professionals.--Of the number of
     persons designated as members of the program at any time, 300
     may be members of the program described in section
     2121(a)(1)(B) of this title.''.
       (c) Funding Source.--Of the amounts authorized to be
     appropriated to the Department of Defense for military
     personnel accounts for fiscal year 2010, not more than
     $20,000,000 shall be available to cover the additional costs
     incurred to implement the amendments made by this section.

     SEC. 536. ESTABLISHMENT OF JUNIOR RESERVE OFFICER'S TRAINING
                   CORPS UNITS FOR STUDENTS IN GRADES ABOVE SIXTH
                   GRADE.

       Section 2031 of title 10, United States Code, is amended by
     adding at the end the following new subsection:

[[Page H7277]]

       ``(g)(1) In addition to units of the Junior Reserve
     Officers' Training Corps established at public and private
     secondary educational institutions under subsection (a), the
     Secretary of each military department may carry out a pilot
     program to establish and support units at public and private
     educational institutions that are not secondary educational
     institutions to permit the enrollment of students in the
     Corps who, notwithstanding the limitation in subsection
     (b)(1), are in a grade above the sixth grade.
       ``(2) A unit of the Junior Reserve Officers' Training Corps
     established and supported under the pilot program must meet
     the requirements of this section, except--
       ``(A) as provided in paragraph (1) with respect to the
     grades in which students are enrolled; and
       ``(B) that the Secretary of the military department
     concerned may authorize a course of military instruction of
     not less than two academic years' duration, notwithstanding
     subsection (b)(3).
       ``(3) The Secretary of the military department concerned
     shall conduct a review of the pilot program. The review shall
     include an evaluation of what impacts, if any, the pilot
     program may have on the operation of the Junior Reserve
     Officers' Training Corps in secondary educational
     institutions.''.

               Subtitle E--Defense Dependents' Education

     SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL
                   EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
                   MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
                   DEFENSE CIVILIAN EMPLOYEES.

       (a) Assistance to Schools With Significant Numbers of
     Military Dependent Students.--Of the amount authorized to be
     appropriated for fiscal year 2010 pursuant to section 301(5)
     for operation and maintenance for Defense-wide activities,
     $50,000,000 shall be available only for the purpose of
     providing assistance to local educational agencies under
     subsection (a) of section 572 of the National Defense
     Authorization Act for Fiscal Year 2006 (Public Law 109-163;
     119 Stat. 3271; 20 U.S.C. 7703b).
       (b) Assistance to Schools With Enrollment Changes Due to
     Base Closures, Force Structure Changes, or Force
     Relocations.--Of the amount authorized to be appropriated for
     fiscal year 2010 pursuant to section 301(5) for operation and
     maintenance for Defense-wide activities, $15,000,000 shall be
     available only for the purpose of providing assistance to
     local educational agencies under subsection (b) of such
     section 572.
       (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)).

     SEC. 552. DETERMINATION OF NUMBER OF WEIGHTED STUDENT UNITS
                   FOR LOCAL EDUCATIONAL AGENCIES FOR RECEIPT OF
                   BASIC SUPPORT PAYMENTS UNDER IMPACT AID.

       Section 8003(a)(2)(C)(i) of the Elementary and Secondary
     Education Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) is amended
     by striking ``6,500'' and inserting ``5,000''.

     SEC. 553. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE
                   DEPENDENTS' EDUCATION SYSTEM OF DEPENDENTS OF
                   FOREIGN MILITARY MEMBERS ASSIGNED TO SUPREME
                   HEADQUARTERS ALLIED POWERS, EUROPE.

       (a) Permanent Enrollment Authority.--Subsection (a)(2) of
     section 1404A of the Defense Dependents' Education Act of
     1978 (20 U.S.C. 923a) is amended by striking ``, and only
     through the 2010-2011 school year''.
       (b) Combatant Commander Advice and Assistance.--Subsection
     (c)(1) of such section is amended by adding at the end the
     following new sentence: ``The Secretary shall prescribe such
     methodology with the advice and assistance of the commander
     of the geographic combatant command with jurisdiction over
     Mons, Belgium.''.

                Subtitle F--Missing or Deceased Persons

     SEC. 561. ADDITIONAL REQUIREMENTS FOR ACCOUNTING FOR MEMBERS
                   OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE
                   CIVILIAN EMPLOYEES LISTED AS MISSING IN
                   CONFLICTS OCCURRING BEFORE ENACTMENT OF NEW
                   SYSTEM FOR ACCOUNTING FOR MISSING PERSONS.

       (a) Imposition of Additional Requirements.--Section 1509 of
     title 10, United States Code, is amended to read as follows:

     ``Sec. 1509. Program to resolve preenactment missing person
       cases

       ``(a) Program Required; Covered Conflicts.--The Secretary
     of Defense shall implement a comprehensive, coordinated,
     integrated, and fully resourced program to account for
     persons described in subparagraph (A) or (B) of section
     1513(1) of this title who are unaccounted for from the
     following conflicts:
       ``(1) World War II during the period beginning on December
     7, 1941, and ending on December 31, 1946, including members
     of the Armed Forces who were lost during flight operations in
     the Pacific theater of operations covered by section 576 of
     the National Defense Authorization Act for Fiscal Year 2000
     (Public Law 106-65; 113 Stat. 624; 10 U.S.C. 1501 note).
       ``(2) The Cold War during the period beginning on September
     2, 1945, and ending on August 21, 1991.
       ``(3) The Korean War during the period beginning on June
     27, 1950, and ending on January 31, 1955.
       ``(4) The Indochina War era during the period beginning on
     July 8, 1959, and ending on May 15, 1975.
       ``(5) The Persian Gulf War during the period beginning on
     August 2, 1990, and ending on February 28, 1991.
       ``(6) Such other conflicts in which members of the armed
     forces served as the Secretary of Defense may designate.
       ``(b) Implementation Process.--(1) The Secretary of Defense
     shall implement the program within the Department of Defense
     POW/MIA accounting community.
       ``(2) For purposes of paragraph (1), the term `POW/MIA
     accounting community' means--
       ``(A) The Defense Prisoner of War/Missing Personnel Office
     (DPMO).
       ``(B) The Joint POW/MIA Accounting Command (JPAC).
       ``(C) The Armed Forces DNA Identification Laboratory
     (AFDIL).
       ``(D) The Life Sciences Equipment Laboratory of the Air
     Force (LSEL).
       ``(E) The casualty and mortuary affairs offices of the
     military departments.
       ``(F) Any other element of the Department of Defense the
     mission of which (as designated by the Secretary of Defense)
     involves the accounting for and recovery of members of the
     armed forces who are missing in action or prisoners of war or
     who are unaccounted for, such as the Stony Beach Program.
       ``(c) Treatment as Missing Persons.--Each unaccounted for
     person covered by subsection (a) shall be considered to be a
     missing person for purposes of the applicability of other
     provisions of this chapter to the person.
       ``(d) Establishment of Personnel Files.--(1) The Secretary
     of Defense shall ensure that a personnel file is established
     and maintained for each person covered by subsection (a) if
     the Secretary--
       ``(A) possesses any information relevant to the status of
     the person; or
       ``(B) receives any new information regarding the missing
     person as provided in subsection (d).
       ``(2) The Secretary of Defense shall ensure that each file
     established under this subsection contains all relevant
     information pertaining to a person covered by subsection (a)
     and is readily accessible to all elements of the department,
     the combatant commands, and the armed forces involved in the
     effort to account for the person.
       ``(3) Each file established under this subsection shall be
     handled in accordance with, and subject to the provisions of,
     section 1506 of this title in the same manner as applies to
     the file of a missing person otherwise subject to such
     section.
       ``(e) Review of Status Requirements.--(1) If new
     information (as described in paragraph (3)) is found or
     received that may be related to one or more unaccounted for
     persons covered by subsection (a), whether or not such
     information specifically relates (or may specifically relate)
     to any particular such unaccounted for person, that
     information shall be provided to the Secretary of Defense.
       ``(2) Upon receipt of new information under paragraph (1),
     the Secretary shall ensure that--
       ``(A) the information is treated under paragraph (2) of
     subsection (c) of section 1505 of this title, relating to
     addition of the information to the personnel file of a person
     and notification requirements, in the same manner as
     information received under paragraph (1) under such
     subsection; and
       ``(B) the information is treated under paragraph (3) of
     subsection (c) and subsection (d) of such section, relating
     to a board review under such section, in the same manner as
     information received under paragraph (1) of such subsection
     (c).
       ``(3) For purposes of this subsection, new information is
     information that is credible and that--
       ``(A) is found or received after November 18, 1997, by a
     United States intelligence agency, by a Department of Defense
     agency, or by a person specified in section 1504(g) of this
     title; or
       ``(B) is identified after November 18, 1997, in records of
     the United States as information that could be relevant to
     the case of one or more unaccounted for persons covered by
     subsection (a).
       ``(f) Coordination Requirements.--(1) In establishing and
     carrying out the program, the Secretary of Defense shall
     coordinate with the Secretaries of the military departments,
     the Chairman of the Joint Chiefs of Staff, and the combatant
     commanders.
       ``(2) In carrying out the program, the Secretary of Defense
     shall establish close coordination with the Department of
     State, the Central Intelligence Agency, and the National
     Security Council to enhance the ability of the Department of
     Defense POW/MIA accounting community to account for persons
     covered by subsection (a).''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of chapter 76 of such title is amended by striking
     the item relating to section 1509 and inserting the following
     new section:

``1509. Program to resolve preenactment missing person cases.''.
       (c) Conforming Amendment.--Section 1513(1) of such title is
     amended in the matter after subparagraph (B) by striking
     ``section 1509(b) of this title who is required by section
     1509(a)(1) of this title'' and inserting ``subsection (a) of
     section 1509 of this title who is required by subsection (b)
     of such section''.
       (d) Implementation.--
       (1) Priority.--A priority of the program required by
     section 1509 of title 10, United States Code, as amended by
     subsection (a), to resolve missing person cases arising
     before the enactment of chapter 76 of such title by section
     569 of the National Defense Authorization Act for Fiscal Year
     1996 (Public Law 104-106; 110 Stat. 336) shall be the return
     of missing persons to United States control alive.
       (2) Accounting for goal.--In implementing the program, the
     Secretary of Defense, in coordination with the officials
     specified in subsection (f)(1) of section 1509 of title 10,
     United

[[Page H7278]]

     States Code, shall take such measures as the Secretary
     considers appropriate to increase significantly the
     capability and capacity of the Department of Defense, the
     Armed Forces, and combatant commanders to account for missing
     persons, as defined by section 1513(3)(B) of such title. Such
     measures shall include fully funding, manning, and resourcing
     the Department of Defense-wide effort to ensure that, at a
     minimum--
       (A) 200 missing persons are accounted for under the program
     annually beginning with fiscal year 2015; and
       (B) 350 missing persons are accounted for under the program
     annually beginning with fiscal year 2020.

     SEC. 562. CLARIFICATION OF GUIDELINES REGARDING RETURN OF
                   REMAINS AND MEDIA ACCESS AT CEREMONIES FOR THE
                   DIGNIFIED TRANSFER OF REMAINS AT DOVER AIR
                   FORCE BASE.

       (a) Prompt Return.--The remains of a deceased member of the
     Armed Forces shall be recovered from the theater of combat
     operations and returned to the United States via the Dover
     Port Mortuary without delay unless very specific extenuating
     circumstances presented by the person designated pursuant to
     section 1482(c) of title 10, United States Code, to direct
     disposition of the remains of the decedent (in this section
     referred to as the ``primary next of kin'') dictate otherwise
     and can reasonably be accommodated by the Department.
       (b) Media Access.--
       (1) Decision of primary next of kin.--The primary next of
     kin of a deceased member of the Armed Forces shall make the
     family decision regarding media access at ceremonies for the
     dignified transfer of the remains of the decedent at Dover
     Air Force Base. The option to allow media access shall be
     briefed to the primary next of kin at the time of initial
     notification or as soon as practicable thereafter. Media
     access to dignified transfers shall only be permitted with
     the approval of the primary next of kin. Media contact,
     filming or recording of family members shall be permitted
     only if specifically requested by the primary next of kin.
       (2) Relation to current dod casualty information policy.--
     Media access approved by the primary next of kin shall waive
     the Department of Defense policy on 24-hour delay in release
     of casualty information to the media and general public for
     that specific case.
       (3) Member preference.--The Secretary of Defense shall
     develop a long-term plan to obtain the preference of members
     of the Armed Forces regarding media access at ceremonies for
     the dignified transfer of the remains of the member if they
     ever become a casualty.
       (c) Travel and Transportation Allowance.--The Secretary of
     a military department shall provide the primary next of kin
     and two additional family members of a deceased member of the
     Armed Forces with travel to, and from, Dover Air Force Base
     via Invitational Travel Authorizations to attend the
     dignified transfer ceremony. The Secretary may include
     additional family members on a case-by-case basis. At the
     discretion of the Secretary, and at the request of the
     primary next of kin, the service casualty assistance officer
     or family liaison officer may escort and accompany the
     primary next of kin to the dignified transfer ceremony.
       (d) Effective Date.--This section shall take effect one
     year after the date of the enactment of this Act.

                   Subtitle G--Decorations and Awards

     SEC. 571. AWARD OF VIETNAM SERVICE MEDAL TO VETERANS WHO
                   PARTICIPATED IN MAYAGUEZ RESCUE OPERATION.

       (a) In General.--The Secretary of the military department
     concerned shall, upon the application of an individual who is
     an eligible veteran, award that individual the Vietnam
     Service Medal, notwithstanding any otherwise applicable
     requirements for the award of that medal. Any such award
     shall be made in lieu of any Armed Forces Expeditionary Medal
     awarded the individual for the individual's participation in
     the Mayaguez rescue operation.
       (b) Eligible Veteran.--For purposes of this section, the
     term ``eligible veteran'' means a member or former member of
     the Armed Forces who was awarded the Armed Forces
     Expeditionary Medal for participation in military operations
     known as the Mayaguez rescue operation of May 12-15, 1975.

     SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF
                   HONOR TO ANTHONY T. KOHO'OHANOHANO FOR ACTS OF
                   VALOR DURING THE KOREAN WAR.

       (a) Authorization.--Notwithstanding the time limitations
     specified in section 3744 of title 10, United States Code, or
     any other time limitation with respect to the awarding of
     certain medals to persons who served in the Armed Forces, the
     President is authorized and requested to award the Medal of
     Honor under section 3741 of such title to former Private
     First Class Anthony T. Koho'ohanohano for the acts of valor
     during the Korean War described in subsection (b).
       (b) Acts of Valor Described.--The acts of valor referred to
     in subsection (a) are the actions of then Private First Class
     Anthony T. Koho'ohanohano of Company H of the 17th Infantry
     Regiment of the 7th Infantry Division on September 1, 1951,
     during the Korean War for which he was originally awarded the
     distinguished-service cross.

     SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF
                   DISTINGUISHED-SERVICE CROSS TO JACK T. STEWART
                   FOR ACTS OF VALOR DURING THE VIETNAM WAR.

       (a) Authorization.--Notwithstanding the time limitations
     specified in section 3744 of title 10, United States Code, or
     any other time limitation with respect to the awarding of
     certain medals to persons who served in the Armed Forces, the
     Secretary of the Army is authorized and requested to award
     the distinguished-service cross under section 3742 of such
     title to former Captain Jack T. Stewart of the United States
     Army for the acts of valor during the Vietnam War described
     in subsection (b).
       (b) Acts of Valor Described.--The acts of valor referred to
     in subsection (a) are the actions of Captain Jack T. Stewart
     as commander of a two-platoon Special Forces Mike Force
     element in combat with two battalions of the North Vietnamese
     Army on March 24, 1967, during the Vietnam War.

     SEC. 574. AUTHORIZATION AND REQUEST FOR AWARD OF
                   DISTINGUISHED-SERVICE CROSS TO WILLIAM T.
                   MILES, JR., FOR ACTS OF VALOR DURING THE KOREAN
                   WAR.

       (a) Authorization.--Notwithstanding the time limitations
     specified in section 3744 of title 10, United States Code, or
     any other time limitation with respect to the awarding of
     certain medals to persons who served in the Armed Forces, the
     Secretary of the Army is authorized and requested to award
     the distinguished-service cross under section 3742 of such
     title to former to former Sergeant First William T. Miles,
     Jr., of the United States Army for the acts of valor during
     the Korean War described in subsection (b).
       (b) Acts of Valor Described.--The acts of valor referred to
     in subsection (a) are the actions of Sergeant First Class
     William T. Miles, Jr,. as a member of United States Special
     Forces from June 18, 1951, to July 6, 1951, during the Korean
     War, when he fought a delaying action against enemy forces in
     order to allow other members of his squad to escape an
     ambush.

                     Subtitle H--Military Families

     SEC. 581. PILOT PROGRAM TO SECURE INTERNSHIPS FOR MILITARY
                   SPOUSES WITH FEDERAL AGENCIES.

       (a) Cost-Reimbursement Agreements With Federal Agencies.--
     The Secretary of Defense may enter into an agreement with the
     head of an executive department or agency that has an
     established internship program to reimburse the department or
     agency for authorized costs associated with the first year of
     employment of an eligible military spouse who is selected to
     participate in the internship program of the department or
     agency.
       (b) Eligible Military Spouses.--
       (1) Eligibility.--Except as provided in paragraph (2), any
     person who is married to a member of the Armed Forces on
     active duty is eligible for selection to participate in an
     internship program under a reimbursement agreement entered
     into under subsection (a).
       (2) Exclusions.--Reimbursement may not be provided with
     respect to the following persons:
       (A) A person who is legally separated from a member of the
     Armed Forces under court order or statute of any State, the
     District of Columbia, or possession of the United States when
     the person begins the internship.
       (B) A person who is also a member of the Armed Forces on
     active duty.
       (C) A person who is a retired member of the Armed Forces.
       (c) Funding Source.--Amounts authorized to be appropriated
     for operation and maintenance, for Defense-wide activities,
     shall be available to carry out this section.
       (d) Definitions.--In this section:
       (1) The term ``authorized costs'' includes the costs of the
     salary, benefits and allowances, and training for an eligible
     military spouse during the first year of the participation of
     the military spouse in an internship program pursuant to an
     agreement under subsection (a).
       (2) The term ``internship'' means a professional,
     analytical, or administrative position in the Federal
     Government that operates under a developmental program
     leading to career advancement.
       (e) Termination of Agreement Authority.--No agreement may
     be entered into under subsection (a) after September 30,
     2011. Authorized costs incurred after that date may be
     reimbursed under an agreement entered into before that date
     in the case of eligible military spouses who begin their
     internship by that date.
       (f) Reporting Requirement.--Not later than January 1, 2012,
     the Secretary of Defense shall submit to the congressional
     defense committees a report that provides information on how
     many eligible military spouses received internships pursuant
     to agreements entered into under subsection (a) and the types
     of internship positions they occupied. The report shall
     specify the number of interns who subsequently obtained
     permanent employment with the department or agency
     administering the internship program or with another
     department or agency. The Secretary shall include a
     recommendation regarding whether, given the investment of
     Department of Defense funds, the authority to enter into
     agreements should be extended, modified, or terminated.

     SEC. 582. REPORT ON PROGRESS MADE IN IMPLEMENTING
                   RECOMMENDATIONS TO REDUCE DOMESTIC VIOLENCE IN
                   MILITARY FAMILIES.

       (a) Assessment.--The Comptroller General shall review and
     assess the progress made by the Department of Defense in
     implementing the recommendations contained in the report by
     the Comptroller General entitled ``Military Personnel:
     Progress Made in Implementing Recommendations to reduce
     Domestic Violence, but Further Management Action Needed''
     (GAO-06-540).
       (b) Report.--Not later than 180 days after the date of the
     enactment of this Act, the Comptroller General shall submit
     to the congressional defense committees a report containing
     the results of the review and assessment under subsection
     (a).

[[Page H7279]]

     SEC. 583. MODIFICATION OF SERVICEMEMBERS CIVIL RELIEF ACT
                   REGARDING TERMINATION OR SUSPENSION OF SERVICE
                   CONTRACTS AND EFFECT OF VIOLATION OF INTEREST
                   RATE LIMITATION.

       (a) Termination or Suspension of Service Contracts.--
     Section 305A of the Servicemembers Civil Relief Act (50
     U.S.C. App. 535a) is amended to read as follows:

     ``SEC. 305A. TERMINATION OR SUSPENSION OF SERVICE CONTRACTS.

       ``(a) Termination or Suspension by Servicemember.--A
     servicemember who is party to or enters into a contract
     described in subsection (c) may terminate or suspend, at the
     servicemember's option, the contract at any time after the
     date of the servicemember's military orders, as described in
     subsection (c).
       ``(b) Special Rules.--
       ``(1) A suspension under subsection (a) of a contract by a
     servicemember shall continue for the length of the
     servicemember's deployment pursuant to the servicemember's
     military orders.
       ``(2) A service provider under a contract suspended or
     terminated under subsection (a) by a servicemember may not
     impose a suspension fee or early termination fee in
     connection with the suspension or termination of the
     contract, other than a nominal fee for the suspension; except
     that the service provider may impose a reasonable fee for any
     equipment remaining on the premises of the servicemember
     during the period of the suspension. The servicemember may
     defer, without penalty, payment of such a nominal fee or
     reasonable fee for the length of the servicemember's
     deployment pursuant to the servicemember's military orders.
       ``(3) In any case in which the contract being suspended
     under subsection (a) is for cellular telephone service or
     telephone exchange service, the servicemember, after the date
     on which the suspension of the contract ends, may keep, to
     the extent practicable and in accordance with all applicable
     laws and regulations, the same telephone number the
     servicemember had before the servicemember suspended the
     contract.
       ``(c) Covered Contracts.--This section applies to a
     contract for cellular telephone service, telephone exchange
     service, multichannel video programming service, Internet
     access service, water, electricity, oil, gas, or other
     utility if the servicemember enters into the contract and
     thereafter receives military orders--
       ``(1) to deploy with a military unit, or as an individual,
     in support of a contingency operation for a period of not
     less than 90 days; or
       ``(2) for a change of permanent station to a location that
     does not support the contract.
       ``(d) Manner of Termination or Suspension.--
       ``(1) In general.--Termination or suspension of a contract
     under subsection (a) is made by delivery by the servicemember
     of written notice of such termination or suspension and a
     copy of the servicemember's military orders to the other
     party to the contract (or to that party's grantee or agent).
       ``(2) Nature of notice.--Delivery of notice under paragraph
     (1) may be accomplished--
       ``(A) by hand delivery;
       ``(B) by private business carrier;
       ``(C) by facsimile; or
       ``(D) by placing the written notice and a copy of the
     servicemember's military orders in an envelope with
     sufficient postage and with return receipt requested, and
     addressed as designated by the party to be notified (or that
     party's grantee or agent), and depositing the envelope in the
     United States mails.
       ``(e) Date of Contract Termination or Suspension.--
     Termination or suspension of a service contract under
     subsection (a) is effective as of the date on which the
     notice under subsection (d) is delivered.
       ``(f) Other Obligations and Liabilities.--The service
     provider under the contract may not impose an early
     termination or suspension charge, but any tax or any other
     obligation or liability of the servicemember that, in
     accordance with the terms of the contract, is due and unpaid
     or unperformed at the time of termination or suspension of
     the contract shall be paid or performed by the servicemember.
       ``(g) Fees Paid in Advance.--A fee or amount paid in
     advance for a period after the effective date of the
     termination of the contract shall be refunded to the
     servicemember by the other party (or that party's grantee or
     agent) within 60 days of the effective date of the
     termination of the contract.
       ``(h) Relief to Other Party.--Upon application by the other
     party to the contract to a court before the termination date
     provided in the written notice, relief granted by this
     section to a servicemember may be modified as justice and
     equity require.
       ``(i) Criminal Penalty.--Whoever knowingly violates this
     section shall be fined not more than $5,000 in the case of an
     individual or $10,000 in the case of an organization.
       ``(j) Private Right of Action.--
       ``(1) In general.--A servicemember harmed by a violation of
     this section may in a civil action--
       ``(A) obtain any appropriate equitable relief with respect
     to the violation; and
       ``(B) recover an amount equal to three times the damages
     sustained as a result of the violation.
       ``(2) Costs and attorney fees.--The court shall award to a
     servicemember who prevails in an action under paragraph (1)
     the costs of the action, including a reasonable attorney fee.
       ``(3) Preservation of other remedies.--Nothing in this
     section shall be construed to preclude or limit any remedy
     otherwise available under law to the servicemember with
     respect to conduct prohibited under this section.
       ``(k) Definitions.--In this section:
       ``(1) Multichannel video programming service.--The term
     `multichannel video programming service' means video
     programming service provided by a multichannel video
     programming distributor, as such term is defined in section
     602(13) of the Communications Act of 1934 (47 U.S.C.
     522(13)).
       ``(2) Internet access service.--The term `Internet access
     service' has the meaning given that term under section
     231(e)(4) of the Communications Act of 1934 (47 U.S.C.
     231(e)(4)).
       ``(3) Cellular telephone service.--The term `cellular
     telephone service' means commercial mobile service, as that
     term is defined in section 332(d) of the Communications Act
     of 1934 (47 U.S.C. 332(d)).
       ``(4) Telephone exchange service.--The term `telephone
     exchange service' has the meaning given that term under
     section 3 of the Communications Act of 1934 (47 U.S.C.
     153).''.
       (b) Clerical Amendment.--The table of contents in section
     1(b) of such Act is amended by striking the item relating to
     section 305A and inserting the following new item:
``Sec. 305A. Termination or suspension of service contracts.''.

       (c) Violation of Interest Rate Limitation.--Section 207 of
     such Act is amended--
       (1) by amending subsection (e) to read as follows:
       ``(e) Criminal Penalty.--
       ``(1) In general.--Whoever knowingly violates this section
     shall be fined not more than $5,000 in the case of an
     individual or $10,000 in the case of an organization.
       ``(2) Determination of number of violations.--The court
     shall count as a separate violation each obligation or
     liability of a servicemember with respect to which--
       ``(A) the servicemember properly provided to the creditor
     written notice and a copy of the military orders calling the
     servicemember to military service and any orders further
     extending military service under subsection (b); and
       ``(B) the creditor fails to act in accordance with
     subsection (a).'';
       (2) by redesignating subsection (f) as subsection (g);
       (3) by inserting after subsection (e) the following new
     subsection (f):
       ``(f) Rights of Servicemembers.--
       ``(1) Private right of action .--A servicemember harmed by
     a violation of this section may in a civil action--
       ``(A) obtain any appropriate equitable relief with respect
     to the violation; and
       ``(B) recover an amount equal to three times the damages
     sustained as a result of the violation.
       ``(2) Costs and attorney fees.--The court shall award to a
     servicemember who prevails in an action under paragraph (1)
     the costs of the action, including a reasonable attorney fee.
       ``(3) Preservation of other remedies.--Nothing in this
     section shall be construed to preclude or limit any remedy
     otherwise available under law to the servicemember with
     respect to conduct prohibited under this section.''; and
       (4) in subsection (g), as redesignated by paragraph (2) of
     this subsection, by inserting ``and (f)'' after ``subsection
     (e)''.
       (d) Effective Date.--The amendment made by subsection (a)
     shall apply with respect to a contract entered into on or
     after the date of the enactment of this Act.

     SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR
                   PARENTS WHO ARE MEMBERS OF THE ARMED FORCES
                   DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.

       (a) Child Custody Protection.--Title II of the
     Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.)
     is amended by adding at the end the following new section:

     ``SEC. 208. CHILD CUSTODY PROTECTION.

       ``(a) Restriction on Change of Custody.--If a motion for
     change of custody of a child of a servicemember is filed
     while the servicemember is deployed in support of a
     contingency operation, no court may enter an order modifying
     or amending any previous judgment or order, or issue a new
     order, that changes the custody arrangement for that child
     that existed as of the date of the deployment of the
     servicemember, except that a court may enter a temporary
     custody order if the court finds that it is in the best
     interest of the child.
       ``(b) Completion of Deployment.--In any preceding covered
     under subsection (a), a court shall require that, upon the
     return of the servicemember from deployment in support of a
     contingency operation, the custody order that was in effect
     immediately preceding the date of the deployment of the
     servicemember is reinstated, unless the court finds that such
     a reinstatement is not in the best interest of the child,
     except that any such finding shall be subject to subsection
     (c).
       ``(c) Exclusion of Military Service From Determination of
     Child's Best Interest.--If a motion for the change of custody
     of the child of a servicemember is filed, no court may
     consider the absence of the servicemember by reason of
     deployment, or possibility of deployment, in determining the
     best interest of the child.
       ``(d) No Federal Right of Action.--Nothing in this section
     shall create a Federal right of action.
       ``(e) Preemption.--In any case where State or Federal law
     applicable to a child custody proceeding under State or
     Federal law provides a higher standard of protection to the
     rights of the parent who is a servicemember than the rights
     provided under this section, the State or Federal court shall
     apply the State or Federal standard.
       ``(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, except
     that the term may include such other deployments as the
     Secretary may prescribe.''.
       (b) Clerical Amendment.--The table of contents in section
     1(b) of such Act is amended by

[[Page H7280]]

     adding at the end of the items relating to title II the
     following new item:

``208. Child custody protection.''.

     SEC. 585. DEFINITIONS IN FAMILY AND MEDICAL LEAVE ACT OF 1993
                   RELATED TO ACTIVE DUTY, SERVICEMEMBERS, AND
                   RELATED MATTERS.

       (a) Definition of Covered Active Duty.--
       (1) Definition.--Paragraph (14) of section 101 of the
     Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is
     amended--
       (A) by striking all that precedes ``under a call'' and
     inserting the following:
       ``(14) Covered active duty.--The term `covered active duty'
     means--
       ``(A) in the case of a member of a regular component of the
     Armed Forces, duty during the deployment of the member with
     the Armed Forces to a foreign country; and
       ``(B) in the case of a member of a reserve component of the
     Armed Forces, duty during the deployment of the member with
     the Armed Forces to a foreign country''; and
       (B) by striking ``101(a)(13)(B)'' and inserting
     ``101(a)(13)''.
       (2) Leave.--Section 102 of the Family and Medical Leave Act
     of 1993 (29 U.S.C. 2612) is amended--
       (A) in subsection (a)(1)(E), by striking ``active duty''
     each place it appears and inserting ``covered active duty'';
     and
       (B) in subsection (e)(3)--
       (i) in the paragraph heading, by striking ``active duty''
     and inserting ``covered active duty''; and
       (ii) by striking ``active duty'' each place it appears and
     inserting ``covered active duty''.
       (3) Conforming amendment.--Section 103(f) of the Family and
     Medical Leave Act of 1993 (29 U.S.C. 2613(f)) is amended, in
     the subsection heading, by striking ``Active Duty'' both
     places it appears and inserting ``Covered Active Duty''.
       (b) Definition of Covered Servicemember.--Section 101 of
     the Family and Medical Leave Act of 1993 is further amended
     by striking paragraph (16) and inserting the following new
     paragraph:
       ``(16) Covered servicemember.--The term `covered
     servicemember' means--
       ``(A) a member of the Armed Forces (including a member of
     the National Guard or Reserves) who is undergoing medical
     treatment, recuperation, or therapy, is otherwise in
     outpatient status, or is otherwise on the temporary
     disability retired list, for a serious injury or illness; or
       ``(B) a veteran who is undergoing medical treatment,
     recuperation, or therapy, for a serious injury or illness and
     who was a member of the Armed Forces (including a member of
     the National Guard or Reserves) at any time during the period
     of 5 years preceding the date on which the veteran undergoes
     that medical treatment, recuperation, or therapy.''.
       (c) Definitions of Serious Injury or Illness; Veteran.--
     Section 101 of the Family and Medical Leave Act of 1993 is
     further amended by striking paragraph (19) and inserting the
     following new paragraphs:
       ``(19) Serious injury or illness.--The term `serious injury
     or illness'--
       ``(A) in the case of a member of the Armed Forces
     (including a member of the National Guard or Reserves), means
     an injury or illness incurred by the member in line of duty
     on covered active duty in the Armed Forces that may render
     the member medically unfit to perform the duties of the
     member's office, grade, rank, or rating; and
       ``(B) in the case of a veteran who was a member of the
     Armed Forces (including a member of the National Guard or
     Reserves) at any time during a period described in paragraph
     (16)(B), means an injury or illness incurred by the member in
     line of duty on covered active duty in the Armed Forces, that
     manifested itself after the member became a veteran, and that
     may have rendered the member medically unfit to perform the
     duties of the member's office, grade, rank, or rating on the
     date the injury or illness was incurred if the injury or
     illness had manifested itself on that date.
       ``(20) Veteran.--The term `veteran' has the meaning given
     the term in section 101 of title 38, United States Code.''.
       (d) Technical Amendment.--Section 102(e)(2)(A) of the
     Family and Medical Leave Act of 1993 (29 U.S.C.
     2612(e)(2)(A)) is amended by striking ``or parent'' and
     inserting ``parent, or next of kin (for leave taken under
     subsection (a)(3))''.
       (e) Effective Date and Regulations.--The amendments made by
     this section shall take effect on the date of the enactment
     of this Act. Not later than 120 days after such date, the
     Secretary of Labor shall issue direct final conforming
     regulations solely to implement such amendments.

                       Subtitle I--Other Matters

     SEC. 591. NAVY GRANTS TO NAVAL SEA CADET CORPS.

       (a) Grants Authorized.--Chapter 647 of title 10, United
     States Code, is amended by inserting after section 7541a the
     following new section:

     ``Sec. 7541b. Authority to make grants to Naval Sea Cadet
       Corps

       ``Subject to the availability of funds for this purpose,
     the Secretary of the Navy may make grants to support the
     purposes of the Naval Sea Cadet Corps, a federally chartered
     corporation under chapter 1541 of title 36.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such chapter is amended by inserting after the
     item relating to section 7541a the following new item:

``7541b. Authority to make grants to Naval Sea Cadet Corps.''.

     SEC. 592. IMPROVED RESPONSE AND INVESTIGATION OF ALLEGATIONS
                   OF SEXUAL ASSAULT INVOLVING MEMBERS OF THE
                   ARMED FORCES.

       (a) Comptroller General Report.--
       (1) Report required.--Not later than one year after the
     date of the enactment of this Act, the Comptroller General
     shall submit to the congressional defense committees a report
     containing a review of the capacity of each service of the
     Armed Forces to investigate and adjudicate allegations of
     sexual assault to determine whether there are any barriers
     that negatively affect the ability of that service to
     facilitate the investigation and adjudication of such
     allegations to the full extent of the Uniform Code of
     Military Justice.
       (2) Elements of report.--The report required by paragraph
     (1) shall include a review of the following:
       (A) The command processes of each of the Armed Forces for
     handling allegations of sexual assault (including command
     guidance, standing orders, and related matters), the staff
     judge advocate structure of each Armed Force for cases of
     sexual assault, and the personnel and budget resources
     allocated to handle allegations of sexual assault.
       (B) The extent to which command decisions regarding the
     disposition of cases properly direct cases to the most-
     appropriate venue for adjudication.
       (C) The effectiveness of personnel training methods
     regarding investigation and adjudication of sexual assault
     cases.
       (D) The capacity to investigate and adjudicate sexual
     assault cases in combat zones.
       (E) The recommendations of the Defense Task Force on Sexual
     Assault in the Military regarding investigation and
     adjudication of sexual assault.
       (b) Prevention.--Not later than 180 days after the dates of
     the enactment of this Act, the Secretary of Defense shall
     develop and submit to the congressional defense committees a
     sexual assault prevention program, which shall include, at
     minimum, the following components:
       (1) Action plans for reducing the number of sexual
     assaults, with timelines for implementation of the plans,
     development tools, and a comprehensive evaluation process.
       (2) A mechanism to measure the effectiveness of the
     program, to include outcome measurement and metrics.
       (3) Training programs for commanders and senior enlisted
     leaders, including pre-command courses.
       (4) The budget necessary to permit full implementation of
     the program.
       (c) Sexual Assault Forensic Exams.--
       (1) Availability of sexual assault forensic exams in combat
     zones.--Not later than 180 days after the date of the
     enactment of this Act, the Secretary of Defense shall submit
     to the congressional defense committees a report evaluating
     the availability of sexual assault forensic examinations in
     combat zones. The report shall include, at a minimum, the
     following:
       (A) The current availability of sexual assault forensic
     examinations in combat zones.
       (B) The barriers to providing sexual assault forensic
     examinations at all echelons of care in combat zones.
       (C) Any legislative actions required to improve the
     availability of sexual assault forensic examinations in
     combat zones.
       (2) Tricare coverage for forensic examination following
     sexual assault or domestic violence.--Not later than 30 days
     after the date of the enactment of this Act, the Secretary of
     Defense shall submit to the congressional defense committees
     a report describing the progress made in implementing section
     1079(a)(17) of title 10, United States Code, as added by
     section 701 of the John Warner National Defense Authorization
     Act for Fiscal Year 2007 (Public Law 109-324; 120 Stat.
     2279).
       (d) Military Protective Orders.--
       (1) Collection of statistical information.--Not later than
     30 days after the date of enactment of this Act, the
     Secretary of Defense shall require that sexual assault
     statistics collected by the Department of Defense include
     information on whether a military protective order was issued
     that involved either the victim or alleged perpetrator of a
     sexual assault. The Secretary shall include such information
     in the annual report submitted to Congress on sexual assaults
     involving members of the Armed Forces.
       (2) Information to members.--The Secretary of Defense shall
     ensure that, when a military protective order is issued to
     protect a member of the Armed Forces, the member is informed
     of the right of the member to request a base transfer from
     the command.

     SEC. 593. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER
                   NATIONAL GUARD YOUTH CHALLENGE PROGRAM.

       (a) Authority to Increase DOD Share of Program.--Section
     509(d)(1) of title 32, United States Code, is amended by
     striking ``60 percent of the costs'' and inserting ``75
     percent of the costs''.
       (b) Effective Date.--The amendment made by subsection (a)
     shall take effect on October 1, 2009, and shall apply with
     respect to fiscal years beginning on or after that date.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2010 increase in military basic pay.
Sec. 602. Special monthly compensation allowance for members with
              combat-related catastrophic injuries or illnesses pending
              their retirement or separation for physical disability.
Sec. 603. Stabilization of pay and allowances for senior enlisted
              members and warrant officers appointed as officers and
              officers reappointed in a lower grade.

[[Page H7281]]

Sec. 604. Report on housing standards used to determine basic allowance
              for housing.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay
              authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
              authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
              nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
              consolidated special pay, incentive pay, and bonus
              authorities.
Sec. 615. One-year extension of authorities relating to payment of
              other title 37 bonuses and special pay.
Sec. 616. One-year extension of authorities relating to payment of
              referral bonuses.
Sec. 617. Technical corrections and conforming amendments to reconcile
              conflicting amendments regarding continued payment of
              bonuses and similar benefits for certain members.
Sec. 618. Proration of certain special and incentive pays to reflect
              time during which a member satisfies eligibility
              requirements for the special or incentive pay.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Transportation of additional motor vehicle of members on
              change of permanent station to or from nonforeign areas
              outside the continental United States.
Sec. 632. Travel and transportation allowances for designated
              individuals of wounded, ill, or injured members for
              duration of inpatient treatment.
Sec. 633. Authorized travel and transportation allowances for non-
              medical attendants for very seriously and seriously
              wounded, ill, or injured members.
Sec. 634. Increased weight allowance for transportation of baggage and
              household effects for certain enlisted members.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Recomputation of retired pay and adjustment of retired grade
              of Reserve retirees to reflect service after retirement.
Sec. 642. Election to receive retired pay for non-regular service upon
              retirement for service in an active reserve status
              performed after attaining eligibility for regular
              retirement.

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

Sec. 651. Additional exception to limitation on use of appropriated
              funds for Department of Defense golf courses.
Sec. 652. Limitation on Department of Defense entities offering
              personal information services to members and their
              dependents.
Sec. 653. Report on impact of purchasing from local distributors all
              alcoholic beverages for resale on military installations
              on Guam.

                       Subtitle F--Other Matters

Sec. 661. Limitations on collection of overpayments of pay and
              allowances erroneously paid to members.
Sec. 662. Army authority to provide additional recruitment incentives.
Sec. 663. Benefits under Post-Deployment/Mobilization Respite Absence
              program for certain periods before implementation of
              program.
Sec. 664. Sense of Congress regarding support for compensation,
              retirement, and other military personnel programs.

                     Subtitle A--Pay and Allowances

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

       (a) Waiver of Section 1009 Adjustment.--The adjustment to
     become effective during fiscal year 2010 required by section
     1009 of title 37, United States Code, in the rates of monthly
     basic pay authorized members of the uniformed services shall
     not be made.
       (b) Increase in Basic Pay.--Effective on January 1, 2010,
     the rates of monthly basic pay for members of the uniformed
     services are increased by 3.4 percent.

     SEC. 602. SPECIAL MONTHLY COMPENSATION ALLOWANCE FOR MEMBERS
                   WITH COMBAT-RELATED CATASTROPHIC INJURIES OR
                   ILLNESSES PENDING THEIR RETIREMENT OR
                   SEPARATION FOR PHYSICAL DISABILITY.

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

     ``Sec. 439. Special monthly compensation: members with
       combat-related catastrophic injuries or illnesses pending
       their retirement or separation for physical disability

       ``(a) Compensation Authorized.--(1) The Secretary concerned
     may pay to any member of the uniformed services described in
     paragraph (2) a special monthly compensation in an amount
     determined under subsection (b).
       ``(2) Subject to paragraph (3), a member eligible for the
     compensation authorized by paragraph (1) is a member--
       ``(A) who has a combat-related catastrophic injury or
     illness; and
       ``(B) who has been certified by a licensed physician as
     being in need of assistance from another person to perform
     the personal functions required in everyday living; and
       ``(3) The Secretary of Defense (or the Secretary of
     Homeland Security, with respect to the Coast Guard) may
     establish additional eligibility criteria in the regulations
     required by subsection (e).
       ``(b) Authorized Amount of Compensation.--(1) The amount of
     the special monthly compensation authorized by subsection (a)
     shall be determined under criteria prescribed in the
     regulations required by subsection (e), except that the
     amount may not exceed the amount of the aid and attendance
     allowance authorized by section 1114(r) of title 38 for
     veterans in need of regular aid and attendance.
       ``(2) In determining the amount of the special monthly
     compensation to be provided to a member, the Secretary
     concerned shall consider the extent to which--
       ``(A) home health care and related services are being
     provided to the member by the Government; and
       ``(B) aid and attendance services are being provided by
     family and friends of the member who may be compensated with
     funds provided through the special monthly compensation
     authorized by this section.
       ``(c) Termination.--The eligibility of a member to receive
     special monthly compensation under subsection (a) terminates
     on the earlier of the following:
       ``(1) The first month following the end of the 90-day
     period beginning on the date of the separation or retirement
     of the member.
       ``(2) The first month beginning after the death of the
     member.
       ``(3) The first month beginning after the date on which the
     member is determined to be no longer afflicted with a
     catastrophic injury or illness.
       ``(d) Definitions.--In this section:
       ``(1) The term `catastrophic injury or illness' means a
     permanent, severely disabling injury, disorder, or illness
     that the Secretary concerned determines compromises the
     ability of the afflicted person to carry out the activities
     of daily living to such a degree that the person requires--
       ``(A) personal or mechanical assistance to leave home or
     bed; or
       ``(B) constant supervision to avoid physical harm to self
     or others.
       ``(2) The term `combat-related', with respect to a
     catastrophic injury or illness, means a wound, injury, or
     illness for which the member involved was awarded the Purple
     Heart or that was incurred as described in section
     1413a(e)(2) of title 10.
       ``(e) Regulations.--The Secretary of Defense (or the
     Secretary of Homeland Security, with respect to the Coast
     Guard) shall prescribe regulations to carry out this
     section.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such chapter is amended by adding at the end the
     following new item:
``439. Special monthly compensation: members with combat-related
              catastrophic injuries or illnesses pending their
              retirement or separation for physical disability.''.

     SEC. 603. STABILIZATION OF PAY AND ALLOWANCES FOR SENIOR
                   ENLISTED MEMBERS AND WARRANT OFFICERS APPOINTED
                   AS OFFICERS AND OFFICERS REAPPOINTED IN A LOWER
                   GRADE.

       (a) In General.--Section 907 of title 37, United States
     Code, is amended to read as follows:

     ``Sec. 907. Members appointed or reappointed as officers: no
       reduction in pay and allowances

       ``(a) Stabilization of Pay and Allowances.--A member of the
     armed forces who accepts an appointment or reappointment as
     an officer without a break in service shall, for service as
     an officer, be paid the greater of--
       ``(1) the pay and allowances to which the officer is
     entitled as an officer; or
       ``(2) the pay and allowances to which the officer would be
     entitled if the officer were in the last grade the officer
     held before the appointment or reappointment as an officer.
       ``(b) Covered Pays.--(1) Subject to paragraphs (2) and (3),
     for the purposes of this section, the pay of a grade formerly
     held by an officer described in subsection (a) include
     special and incentive pays under chapter 5 of this title.
       ``(2) In determining the amount of the pay of a grade
     formerly held by an officer, special and incentive pays may
     be considered only so long as the officer continues to
     perform the duty that creates the entitlement to, or
     eligibility for, that pay and would otherwise be eligible to
     receive that pay in the former grade.
       ``(3) Special and incentive pays that are dependent on a
     member being in an enlisted status may not be considered in
     determining the amount of the pay of a grade formerly held by
     an officer.
       ``(c) Covered Allowances.--(1) Subject to paragraph (2),
     for the purposes of this section, the allowances of a grade
     formerly held by an officer described in subsection (a)
     include allowances under chapter 7 of this title.
       ``(2) The clothing allowance under section 418 of this
     title may not be considered in determining the amount of the
     allowances of a grade formerly held by an officer described
     in subsection (a) if the officer is entitled to a uniform
     allowance under section 415 of this title.
       ``(d) Rates of Pay and Allowances.--For the purposes of
     this section, the rates of pay and allowances of a grade that
     an officer formerly held are those rates that the officer
     would be entitled to had the officer remained in that grade
     and continued to receive the increases in pay and allowances
     authorized for that grade, as otherwise provided in this
     title or other provisions of law.''.

[[Page H7282]]

       (b) Clerical Amendment.--The table of sections at the
     beginning of chapter 17 of such title is amended by striking
     the item relating to section 907 and inserting the following
     new item:
``907. Members appointed or reappointed as officers: no reduction in
              pay and allowances.''.

     SEC. 604. REPORT ON HOUSING STANDARDS USED TO DETERMINE BASIC
                   ALLOWANCE FOR HOUSING.

       (a) Report Required.--Not later than July 1, 2010, the
     Secretary of Defense shall submit to the congressional
     defense committees a report containing--
       (1) a review of the housing standards used to determine the
     monthly rates of basic allowance for housing under section
     403 of title 37, United States Code; and
       (2) such recommended changes to the standards, including an
     estimate of the cost of each recommended change, as the
     Secretary considers appropriate.
       (b) Elements of Review.--The Secretary shall consider
     whether the housing standards are suitable in terms of--
       (1) recognizing the societal needs and expectations of
     families in the United States;
       (2) providing for an appropriate quality of life for
     members of the Armed Forces in all grades; and
       (3) recognizing the appropriate rewards and prestige
     associated with promotion to higher military grades
     throughout the rank structure.

           Subtitle B--Bonuses and Special and Incentive Pays

     SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
                   AUTHORITIES FOR RESERVE FORCES.

       The following sections of title 37, United States Code, are
     amended by striking ``December 31, 2009'' and inserting
     ``December 31, 2010'':
       (1) Section 308b(g), relating to Selected Reserve
     reenlistment bonus.
       (2) Section 308c(i), relating to Selected Reserve
     affiliation or enlistment bonus.
       (3) Section 308d(c), relating to special pay for enlisted
     members assigned to certain high-priority units.
       (4) Section 308g(f)(2), relating to Ready Reserve
     enlistment bonus for persons without prior service.
       (5) Section 308h(e), relating to Ready Reserve enlistment
     and reenlistment bonus for persons with prior service.
       (6) Section 308i(f), relating to Selected Reserve
     enlistment and reenlistment bonus for persons with prior
     service.
       (7) Section 910(g), relating to income replacement payments
     for reserve component members experiencing extended and
     frequent mobilization for active duty service.

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

       (a) Title 10 Authorities.--The following sections of title
     10, United States Code, are amended by striking ``December
     31, 2009'' and inserting ``December 31, 2010'':
       (1) Section 2130a(a)(1), relating to nurse officer
     candidate accession program.
       (2) Section 16302(d), relating to repayment of education
     loans for certain health professionals who serve in the
     Selected Reserve.
       (b) Title 37 Authorities.--The following sections of title
     37, United States Code, are amended by striking ``December
     31, 2009'' and inserting ``December 31, 2010'':
       (1) Section 302c-1(f), relating to accession and retention
     bonuses for psychologists.
       (2) Section 302d(a)(1), relating to accession bonus for
     registered nurses.
       (3) Section 302e(a)(1), relating to incentive special pay
     for nurse anesthetists.
       (4) Section 302g(e), relating to special pay for Selected
     Reserve health professionals in critically short wartime
     specialties.
       (5) Section 302h(a)(1), relating to accession bonus for
     dental officers.
       (6) Section 302j(a), relating to accession bonus for
     pharmacy officers.
       (7) Section 302k(f), relating to accession bonus for
     medical officers in critically short wartime specialties.
       (8) Section 302l(g), relating to accession bonus for dental
     specialist officers in critically short wartime specialties.

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

       The following sections of title 37, United States Code, are
     amended by striking ``December 31, 2009'' and inserting
     ``December 31, 2010'':
       (1) Section 312(f), relating to special pay for nuclear-
     qualified officers extending period of active service.
       (2) Section 312b(c), relating to nuclear career accession
     bonus.
       (3) Section 312c(d), relating to nuclear career annual
     incentive bonus.

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

       The following sections of title 37, United States Code, are
     amended by striking ``December 31, 2009'' and inserting
     ``December 31, 2010'':
       (1) Section 331(h), relating to general bonus authority for
     enlisted members.
       (2) Section 332(g), relating to general bonus authority for
     officers.
       (3) Section 333(i), relating to special bonus and incentive
     pay authorities for nuclear officers.
       (4) Section 334(i), relating to special aviation incentive
     pay and bonus authorities for officers.
       (5) Section 335(k), relating to special bonus and incentive
     pay authorities for officers in health professions.
       (6) Section 351(i), relating to hazardous duty pay.
       (7) Section 352(g), relating to assignment pay or special
     duty pay.
       (8) Section 353(j), relating to skill incentive pay or
     proficiency bonus.
       (9) Section 355(i), relating to retention incentives for
     members qualified in critical military skills or assigned to
     high priority units.

     SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO
                   PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL
                   PAY.

       The following sections of chapter 5 of title 37, United
     States Code, are amended by striking ``December 31, 2009''
     and inserting ``December 31, 2010'':
       (1) Section 301b(a), relating to aviation officer retention
     bonus.
       (2) Section 307a(g), relating to assignment incentive pay.
       (3) Section 308(g), relating to reenlistment bonus for
     active members.
       (4) Section 309(e), relating to enlistment bonus.
       (5) Section 324(g), relating to accession bonus for new
     officers in critical skills.
       (6) Section 326(g), relating to incentive bonus for
     conversion to military occupational specialty to ease
     personnel shortage.
       (7) Section 327(h), relating to incentive bonus for
     transfer between armed forces.
       (8) Section 330(f), relating to accession bonus for officer
     candidates.

     SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO
                   PAYMENT OF REFERRAL BONUSES.

       The following sections of title 10, United States Code, are
     amended by striking ``December 31, 2009'' and inserting
     ``December 31, 2010'':
       (1) Section 1030(i), relating to health professions
     referral bonus.
       (2) Section 3252(h), relating to Army referral bonus.

     SEC. 617. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS TO
                   RECONCILE CONFLICTING AMENDMENTS REGARDING
                   CONTINUED PAYMENT OF BONUSES AND SIMILAR
                   BENEFITS FOR CERTAIN MEMBERS.

       (a) Technical Corrections to Reconcile Conflicting
     Amendments.--Section 303a(e) of title 37, United States Code,
     is amended--
       (1) in paragraph (1)(A), by striking ``paragraph (2)'' and
     inserting ``paragraphs (2) and (3)'';
       (2) by redesignating paragraphs (3) and (4) as paragraphs
     (4) and (5), respectively;
       (3) in paragraph (5), as so redesignated, by striking
     ``paragraph (3)(B)'' and inserting ``paragraph (4)(B)'';
       (4) by redesignating paragraph (2), as added by section
     651(b) of the Duncan Hunter National Defense Authorization
     Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
     4495), as paragraph (3); and
       (5) by redesignating the second subparagraph (B) of
     paragraph (1), originally added as paragraph (2) by section
     2(a)(3) of the Hubbard Act (Public Law 110-317; 122 Stat.
     3526) and erroneously designated as subparagraph (B) by
     section 651(a)(3) of the Duncan Hunter National Defense
     Authorization Act for Fiscal Year 2009 (Public Law 110-417;
     122 Stat. 4495), as paragraph (2).
       (b) Inclusion of Hubbard Act Amendment in Consolidated
     Special Pay and Bonus Authorities.--Section 373(b) of such
     title is amended--
       (1) in paragraph (2), by striking the paragraph heading and
     inserting ``Special rule for deceased and disabled members.--
     ''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Special rule for members who receive sole
     survivorship discharge.--(A) If a member of the uniformed
     services receives a sole survivorship discharge, the
     Secretary concerned--
       ``(i) shall not require repayment by the member of the
     unearned portion of any bonus, incentive pay, or similar
     benefit previously paid to the member; and
       ``(ii) may grant an exception to the requirement to
     terminate the payment of any unpaid amounts of a bonus,
     incentive pay, or similar benefit if the Secretary concerned
     determines that termination of the payment of the unpaid
     amounts would be contrary to a personnel policy or management
     objective, would be against equity and good conscience, or
     would be contrary to the best interests of the United States.
       ``(B) In this paragraph, the term `sole survivorship
     discharge' means the separation of a member from the Armed
     Forces, at the request of the member, pursuant to the
     Department of Defense policy permitting the early separation
     of a member who is the only surviving child in a family in
     which--
       ``(i) the father or mother or one or more siblings--
       ``(I) served in the Armed Forces; and
       ``(II) was killed, died as a result of wounds, accident, or
     disease, is in a captured or missing in action status, or is
     permanently 100 percent disabled or hospitalized on a
     continuing basis (and is not employed gainfully because of
     the disability or hospitalization); and
       ``(ii) the death, status, or disability did not result from
     the intentional misconduct or willful neglect of the parent
     or sibling and was not incurred during a period of
     unauthorized absence.''.

     SEC. 618. PRORATION OF CERTAIN SPECIAL AND INCENTIVE PAYS TO
                   REFLECT TIME DURING WHICH A MEMBER SATISFIES
                   ELIGIBILITY REQUIREMENTS FOR THE SPECIAL OR
                   INCENTIVE PAY.

       (a) Special Pay for Duty Subject to Hostile Fire or
     Imminent Danger.--Section 310 of title 37, United States
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``and Special Pay Amount'' in the
     subsection heading; and

[[Page H7283]]

       (B) by striking ``at the rate of $225 for any month'' in
     the matter preceding paragraph (1) and inserting ``under
     subsection (b) for any month or portion of a month'';
       (2) in subsection (c), by striking paragraph (3);
       (3) by redesignating subsections (b), (c), and (d) as
     subsections (c), (d), and (e), respectively; and
       (4) by inserting after subsection (a) the following new
     subsection:
       ``(b) Special Pay Amount; Proration.--(1) The special pay
     authorized by subsection (a) may not exceed $225 a month.
       ``(2) Except as provided in subsection (c), if a member
     does not satisfy the eligibility requirements specified in
     paragraphs (1) and (2) of subsection (a) for an entire month
     for receipt of special pay under subsection (a), the
     Secretary concerned may prorate the payment amount to reflect
     the duration of the member's actual qualifying service during
     the month.''.
       (b) Hazardous Duty Pay.--Section 351 of such title is
     amended--
       (1) by striking subsections (c) and (d) and redesignating
     subsections (e) through (i) as subsections (d) through (h),
     respectively; and
       (2) by inserting after subsection (b) the following new
     subsection:
       ``(c) Method of Payment; Proration.--
       ``(1) Monthly payment.--Subject to paragraph (2), hazardous
     duty pay shall be paid on a monthly basis.
       ``(2) Proration.--If a member does not satisfy the
     eligibility requirements specified in paragraph (1), (2), or
     (3) of subsection (a) for an entire month for receipt of
     hazardous duty pay, the Secretary concerned may prorate the
     payment amount to reflect the duration of the member's actual
     qualifying service during the month.''.
       (c) Assignment or Special Duty Pay.--Section 352(b)(1) of
     such title is amended by adding at the end the following new
     sentence: ``If paid monthly, the Secretary concerned may
     prorate the monthly amount of the assignment or special duty
     pay for a member who does not satisfy the eligibility
     requirement for an entire month to reflect the duration of
     the member's actual qualifying service during the month.''.
       (d) Skill Incentive Pay.--Section 353 of such title is
     amended--
       (1) by striking subsection (f) and redesignating
     subsections (g) through (j) as subsections (f) through (i),
     respectively; and
       (2) in subsection (c), by striking paragraph (1) and
     inserting the following new paragraph:
       ``(1) Skill incentive pay.--(A) Skill incentive pay under
     subsection (a) may not exceed $1,000 a month.
       ``(B) If a member does not satisfy the eligibility
     requirements specified in paragraphs (1) and (2) of
     subsection (a) for an entire month for receipt of skill
     incentive pay, the Secretary concerned may prorate the
     payment amount to reflect the duration of the member's actual
     qualifying service during the month. A member of a reserve
     component entitled to compensation under section 206 of this
     title who is authorized skill incentive pay under subsection
     (a) may be paid an amount of such pay that is proportionate
     to the compensation received by the member under section 206
     of this title for inactive-duty training.''.
       (e) Application of Amendments.--The amendments made by this
     section shall apply with respect to months beginning 90 or
     more days after the date of the enactment of this Act.

            Subtitle C--Travel and Transportation Allowances

     SEC. 631. TRANSPORTATION OF ADDITIONAL MOTOR VEHICLE OF
                   MEMBERS ON CHANGE OF PERMANENT STATION TO OR
                   FROM NONFOREIGN AREAS OUTSIDE THE CONTINENTAL
                   UNITED STATES.

       (a) Authority to Transport Additional Motor Vehicle.--
     Subsection (a) of section 2634 of title 10, United States
     Code, is amended--
       (1) by striking the sentence following paragraph (4);
       (2) by redesignating paragraphs (1), (2), (3), and (4) as
     subparagraphs (A), (B), (C), and (D), respectively;
       (3) by inserting ``(1)'' after ``(a)''; and
       (4) by adding at the end the following new paragraph:
       ``(2) One additional motor vehicle of a member (or a
     dependent of the member) may be transported as provided in
     paragraph (1) if--
       ``(A) the member is ordered to make a change of permanent
     station to or from a nonforeign area outside the continental
     United States and the member has at least one dependent of
     driving age who will use the motor vehicle; or
       ``(B) the Secretary concerned determines that a replacement
     for the motor vehicle transported under paragraph (1) is
     necessary for reasons beyond the control of the member and is
     in the interest of the United States and the Secretary
     approves the transportation in advance.''.
       (b) Technical and Conforming Amendments.--Such subsection
     is further amended--
       (1) by striking ``his dependents'' and inserting ``a
     dependent of the member'';
       (2) by striking ``him'' and inserting ``the member'';
       (3) by striking ``his)'' and inserting ``the member)'';
       (4) by striking ``his new'' and inserting ``the member's
     new''; and
       (5) in paragraph (1)(C), as redesignated by subsection (a),
     by striking ``clauses (1) and (2)'' and inserting
     ``subparagraphs (A) and (B)''.
       (c) Effective Date.--Paragraph (2)(A) of subsection (a) of
     section 2634 of title 10, United States Code, as added by
     subsection (a)(4), shall apply with respect to orders issued
     on or after the date of the enactment of this Act for members
     of the Armed Forces to make a change of permanent station to
     or from nonforeign areas outside the continental United
     States.

     SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DESIGNATED
                   INDIVIDUALS OF WOUNDED, ILL, OR INJURED MEMBERS
                   FOR DURATION OF INPATIENT TREATMENT.

       (a) Authority to Provide Travel to Designated
     Individuals.--Subsection (a) of section 411h of title 37,
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``family members of a member described in
     paragraph (2)'' and inserting ``individuals who, with respect
     to a member described in paragraph (2), are designated
     individuals for that member'';
       (B) by striking ``that the presence of the family member''
     and inserting ``that the presence of the designated
     individual''; and
       (C) by striking ``of family members'' and inserting ``of
     designated individuals''; and
       (2) by adding at the end the following new paragraph:
       ``(4) In the case of a designated individual who is also a
     member of the uniformed services, that member may be provided
     travel and transportation under this section in the same
     manner as a designated individual who is not a member.''.
       (b) Definition of Designated Individual.--Subsection (b) of
     such section is amended by striking paragraphs (1) and (2)
     and inserting the following new paragraphs:
       ``(1) In this section, the term `designated individual',
     with respect to a member, means--
       ``(A) an individual designated by the member for the
     purposes of this section; or
       ``(B) in the case of a member who has not made a
     designation under subparagraph (A) and, as determined by the
     attending physician or surgeon, is not able to make such a
     designation, an individual who, as designated by the
     attending physician or surgeon and the commander or head of
     the military medical facility exercising control over the
     member, is someone with a personal relationship to the member
     whose presence would aid and support the health and welfare
     of the member during the duration of the member's inpatient
     treatment.
       ``(2) The designation of an individual as a designated
     individual for purposes of this section may be changed at any
     time.''.
       (c) Coverage of Members Hospitalized Outside the United
     States Who Were Wounded or Injured in a Combat Operation or
     Combat Zone.--
       (1) Coverage for hospitalization outside the united
     states.--Subparagraph (B) of section (a)(2) of such section
     is amended--
       (A) in clause (i), by striking ``in or outside the United
     States''; and
       (B) in clause (ii), by striking ``in the United States''.
       (2) Clarification of members covered.--Such subparagraph is
     further amended--
       (A) in clause (i), by inserting ``seriously wounded,''
     after ``(i) is''; and
       (B) in clause (ii)--
       (i) by striking ``an injury'' and inserting ``a wound or an
     injury''; and
       (ii) by striking ``that injury'' and inserting ``that wound
     or injury''.
       (d) Frequency of Authorized Travel.--Paragraph (3) of
     subsection (a) of such section is amended to read as follows:
       ``(3)(A) Not more than a total of three round trips may be
     provided under paragraph (1) in any 60-day period at
     Government expense to the individuals who are the designated
     individuals of a member during that period.
       ``(B) If the Secretary concerned has waived the limitation
     in paragraph (1) on the number of designated individuals for
     a member, then for any 60-day period during which the waiver
     is in effect, the limitation in subparagraph (A) shall be
     adjusted accordingly.
       ``(C) During any period during which there is in effect a
     non-medical attendant designation for a member, not more than
     a total of two round trips may be provided under paragraph
     (1) in any 60-day period at Government expense until a non-
     medical attendant is no longer designated or that designation
     transfers to another individual, in which case during the
     transfer period three round trips may be provided.''.
       (e) Stylistic and Conforming Amendments.--Such section is
     further amended----
       (1) in subsection (a), by inserting ``Travel and
     Transportation Authorized.--'' after ``(a)'' ;
       (2) in subsection (b), by inserting ``Definitions.--''
     after ``(b)'';
       (3) in subsection (c)--
       (A) by inserting ``Round Trip Transportation and Per Diem
     Allowance.--'' after ``(c)'' ; and
       (B) in paragraph (1), by striking ``family member'' and
     inserting ``designated individual''; and
       (4) in subsection (d), by inserting ``Method of
     Transportation Authorized.--'' after ``(d)''.
       (f) Clerical Amendments.--
       (1) Section heading.--The heading of such section is
     amended to read as follows:

     ``Sec. 411h. Travel and transportation allowances:
       transportation of designated individuals incident to
       hospitalization of members for treatment of wounds,
       illness, or injury''.

       (2) Table of sections.--The table of sections at the
     beginning of chapter 7 of such title is amended by striking
     the item relating to section 411h and inserting the following
     new item:
``411h. Travel and transportation allowances: transportation of
              designated individuals incident to hospitalization of
              members for treatment of wounds, illness, or injury.''.

       (g) Conforming Amendment to Wounded Warrior Act.--Paragraph
     (4) of section 1602 of the Wounded Warrior Act (title XVI of
     Public Law 110-181; 10 U.S.C. 1071 note) is amended to read
     as follows:

[[Page H7284]]

       ``(4) Eligible family member.--(A) The term `eligible
     family member' means a family member who is on invitational
     travel orders or serving as a non-medical attendee while
     caring for a recovering service member for more than 45 days
     during a one-year period.
       ``(B) For purposes of subparagraph (A), the term `family
     member', with respect to a recovering service member, means
     the following:
       ``(i) The member's spouse.
       ``(ii) Children of the member (including stepchildren,
     adopted children, and illegitimate children).
       ``(iii) Parents of the member or persons in loco parentis
     to the member, including fathers and mothers through adoption
     and persons who stood in loco parentis to the member for a
     period not less than one year immediately before the member
     entered the uniformed service, except that only one father
     and one mother or their counterparts in loco parentis may be
     recognized in any one case.
       ``(iv) Siblings of the member. Such term includes a person
     related to the member as described in clauses (i), (ii),
     (iii), or (iv) who is also a member of the uniformed
     services.''.
       (h) Applicability of Amendments.--No reimbursement may be
     provided under section 411h of title 37, United States Code,
     by reason of the amendments made by this section for travel
     and transportation costs incurred before the date of the
     enactment of this Act.

     SEC. 633. AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES FOR
                   NON-MEDICAL ATTENDANTS FOR VERY SERIOUSLY AND
                   SERIOUSLY WOUNDED, ILL, OR INJURED MEMBERS.

       (a) Payment of Travel Costs Authorized.--
       (1) In general.--Chapter 7 of title 37, United States Code,
     is amended by inserting after section 411j the following new
     section:

     ``Sec. 411k. Travel and transportation allowances: non-
       medical attendants for members who are determined to be
       very seriously or seriously wounded, ill, or injured

       ``(a) Allowance for Non-Medical Attendant.--(1) Under
     uniform regulations prescribed by the Secretaries concerned,
     travel and transportation described in subsection (d) may be
     provided for a qualified non-medical attendant for a covered
     member of the uniformed services described in subsection (c)
     if the attending physician or surgeon and the commander or
     head of the military medical facility exercising control over
     the member determine that the presence of such an attendant
     may contribute to the member's health and welfare.
       ``(b) Qualified Non-Medical Attendant.--For purposes of
     this section, a qualified non-medical attendant, with respect
     to a covered member, is an individual who--
       ``(1) is designated by the member to be a non-medical
     attendant for the member for purposes of this section; and
       ``(2) is determined by the attending physician or surgeon
     and the commander or head of the military medical facility to
     be appropriate to serve as a non-medical attendant for the
     member and whose presence may contribute to the health and
     welfare of the member.
       ``(c) Covered Members.--A member of the uniformed services
     covered by this section is a member who--
       ``(1) as a result of a wound, illness, or injury, has been
     determined by the attending physician or surgeon to be in the
     category known as `very seriously wounded, ill, or injured'
     or `seriously wounded, ill, or injured'; and
       ``(2) is hospitalized for treatment of the wound, illness,
     or injury or requires continuing outpatient treatment for the
     wound, illness, or injury.
       ``(d) Authorized Travel and Transportation.--(1) The
     transportation authorized by subsection (a) for a qualified
     non-medical attendant for a member is round-trip
     transportation between the home of the attendant and the
     location at which the member is receiving treatment and may
     include transportation, while accompanying the member, to any
     other location to which the member is subsequently
     transferred for further treatment. A designated non-medical
     attendant under this section may not also be a designated
     individual for travel and transportation allowances section
     411h(a) of this title.
       ``(2) The transportation authorized by subsection (a)
     includes any travel necessary to obtain treatment for the
     member at the location to which the member is permanently
     assigned.
       ``(3) In addition to the transportation authorized by
     subsection (a), the Secretary concerned may provide a per
     diem allowance or reimbursement for the actual and necessary
     expenses of the travel, or a combination thereof, but not to
     exceed the rates established under section 404(d) of this
     title.
       ``(4) The transportation authorized by subsection (a) may
     be provided by any of the following means:
       ``(A) Transportation in-kind.
       ``(B) A monetary allowance in place of transportation in-
     kind at a rate to be prescribed by the Secretaries concerned.
       ``(C) Reimbursement for the commercial cost of
     transportation.
       ``(5) An allowance payable under this subsection may be
     paid in advance.
       ``(6) Reimbursement payable under this subsection may not
     exceed the cost of Government-procured commercial round-trip
     air travel.''.
       (2) Clerical amendment.--The table of sections at the
     beginning of such chapter is amended by inserting after the
     item related to section 411j the following new item:
``411k. Travel and transportation allowances: non-medical attendants
              for members determined to be very seriously or seriously
              wounded, ill, or injured.''.

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

     SEC. 634. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION OF
                   BAGGAGE AND HOUSEHOLD EFFECTS FOR CERTAIN
                   ENLISTED MEMBERS.

       (a) Allowance.--The table in section 406(b)(1)(C) of title
     37, United States Code, is amended by striking the items
     relating to pay grades E-5 through E-9 and inserting the
     following new items:

------------------------------------------------------------------------
            Pay Grade             Without Dependents    With Dependents
------------------------------------------------------------------------
E-9.............................  13,500............  15,500
E-8.............................  12,500............  14,500
E-7.............................  11,500............  13,500
E-6.............................  8,500.............  11,500
E-5.............................  7,500.............  9,500''.
------------------------------------------------------------------------

       (b) Effective Date.--The amendment made by subsection (a)
     shall take effect on October 1, 2009.
       (c) Funding Source.--Of the amounts authorized to be
     appropriated to the Department of Defense for military
     personnel accounts for fiscal year 2010, not more than
     $31,000,000 shall be available to cover the additional costs
     incurred to implement the amendment made by subsection (a).

             Subtitle D--Retired Pay and Survivor Benefits

     SEC. 641. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF
                   RETIRED GRADE OF RESERVE RETIREES TO REFLECT
                   SERVICE AFTER RETIREMENT.

       (a) Recomputation of Retired Pay.--Section 12739 of title
     10, United States Code, is amended by adding at the end the
     following new subsection:
       ``(e)(1) If a member of the Retired Reserve is recalled to
     an active status in the Selected Reserve of the Ready Reserve
     under section 10145(d) of this title and completes not less
     than two years of service in such active status, the member
     is entitled to the recomputation under this section of the
     retired pay of the member.
       ``(2) The Secretary concerned may reduce the two-year
     service requirement specified in paragraph (1) in the case of
     a member who--
       ``(A) is recalled to serve in a position of adjutant
     general required under section 314 of title 32 or in a
     position of assistant adjutant general subordinate to such a
     position of adjutant general;
       ``(B) completes at least six months of service in such
     position; and
       ``(C) fails to complete the minimum two years of service
     solely because the appointment of the member to such position
     is terminated or vacated as described in section 324(b) of
     title 32.''.
       (b) Adjustment of Retired Grade.--Section 12771 of such
     title is amended--
       (1) by striking ``Unless'' and inserting ``(a) Grade on
     Transfer.--Unless''; and
       (2) by adding at the end the following new subsection:
       ``(b) Effect of Subsequent Recall to Active Status.--(1) If
     a member of the Retired Reserve who is a commissioned officer
     is recalled to an active status in the Selected Reserve of
     the Ready Reserve under section 10145(d) of this title and
     completes not less than two years of service in such active
     status, the member is entitled to an adjustment in the
     retired grade of the member in the manner provided in section
     1370(d) of this title.
       ``(2) The Secretary concerned may reduce the two-year
     service requirement specified in paragraph (1) in the case of
     a member who--
       ``(A) is recalled to serve in a position of adjutant
     general required under section 314 of title 32 or in a
     position of assistant adjutant general subordinate to such a
     position of adjutant general;
       ``(B) completes at least six months of service in such
     position; and
       ``(C) fails to complete the minimum two years of service
     solely because the appointment of the member to such position
     is terminated or vacated as described in section 324(b) of
     title 32.''.
       (c) Retroactive Applicability.--The amendments made by this
     section shall take effect as of January 1, 2008.

     SEC. 642. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR
                   SERVICE UPON RETIREMENT FOR SERVICE IN AN
                   ACTIVE RESERVE STATUS PERFORMED AFTER ATTAINING
                   ELIGIBILITY FOR REGULAR RETIREMENT.

       (a) Election Authority; Requirements.--Subsection (a) of
     section 12741 of title 10, United States Code, is amended to
     read as follows:
       ``(a) Authority to Elect to Receive Reserve Retired Pay.--
     (1) Notwithstanding the requirement in paragraph (4) of
     section 12731(a) of this title that a person may not receive
     retired pay under this chapter when the person is entitled,
     under any other provision of law, to retired pay or retainer
     pay, a person may elect to receive retired pay under this
     chapter, instead of receiving retired or retainer pay under
     chapter 65, 367, 571, or 867 of this title, if the person--
       ``(A) satisfies the requirements specified in paragraphs
     (1) and (2) of such section for entitlement to retired pay
     under this chapter;
       ``(B) served in an active status in the Selected Reserve of
     the Ready Reserve after becoming eligible for retirement
     under chapter 65, 367, 571, or

[[Page H7285]]

     867 of this title (without regard to whether the person
     actually retired or received retired or retainer pay under
     one of those chapters); and
       ``(C) completed not less than two years of satisfactory
     service (as determined by the Secretary concerned) in such
     active status (excluding any period of active service).
       ``(2) The Secretary concerned may reduce the minimum two-
     year service requirement specified in paragraph (1)(C) in the
     case of a person who--
       ``(A) completed at least six months of service in a
     position of adjutant general required under section 314 of
     title 32 or in a position of assistant adjutant general
     subordinate to such a position of adjutant general; and
       ``(B) failed to complete the minimum years of service
     solely because the appointment of the person to such position
     was terminated or vacated as described in section 324(b) of
     title 32.''.
       (b) Actions to Effectuate Election.--Subsection (b) of such
     section is amended by striking paragraph (1) and inserting
     the following new paragraph:
       ``(1) terminate the eligibility of the person to retire
     under chapter 65, 367, 571, or 867 of this title, if the
     person is not already retired under one of those chapters,
     and terminate entitlement of the person to retired or
     retainer pay under one of those chapters, if the person was
     already receiving retired or retainer pay under one of those
     chapters; and''.
       (c) Conforming Amendment to Reflect New Variable Age
     Requirement for Retirement.--Subsection (d) of such section
     is amended--
       (1) in paragraph (1), by striking ``attains 60 years of
     age'' and inserting ``attains the eligibility age applicable
     to the person under section 12731(f) of this title''; and
       (2) in paragraph (2)(A), by striking ``attains 60 years of
     age'' and inserting ``attains the eligibility age applicable
     to the person under such section''.
       (d) Clerical Amendments.--
       (1) Section heading.--The heading for section 12741 of such
     title is amended to read as follows:

     ``Sec. 12741. Retirement for service in an active status
       performed in the Selected Reserve of the Ready Reserve
       after eligibility for regular retirement''.

       (2) Table of sections.--The table of sections at the
     beginning of chapter 1223 of such title is amended by
     striking the item relating to section 12741 and inserting the
     following new item:

``12741. Retirement for service in an active status performed in the
              Selected Reserve of the Ready Reserve after eligibility
              for regular retirement.''.

       (e) Retroactive Applicability.--The amendments made by this
     section shall take effect as of January 1, 2008.

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

     SEC. 651. ADDITIONAL EXCEPTION TO LIMITATION ON USE OF
                   APPROPRIATED FUNDS FOR DEPARTMENT OF DEFENSE
                   GOLF COURSES.

       Section 2491a of title 10, United States Code, is amended--
       (1) by redesignating paragraph (2) of subsection (b) as
     subsection (c) and, in such subsection (as so redesignated)--
       (A) by inserting ``Regulations.--'' before ``The
     Secretary''; and
       (B) by striking ``this subsection'' and inserting
     ``subsection (b)''; and
       (2) by inserting after paragraph (1) of subsection (b) the
     following new paragraph:
       ``(2) Subsection (a) does not apply to the purchase,
     operation, or maintenance of equipment intended to ensure
     compliance with the Americans With Disabilities Act of 1990
     (42 U.S.C. 12101 et seq.).''.

     SEC. 652. LIMITATION ON DEPARTMENT OF DEFENSE ENTITIES
                   OFFERING PERSONAL INFORMATION SERVICES TO
                   MEMBERS AND THEIR DEPENDENTS.

       (a) Imposition of Limitation.--Subchapter III of chapter
     147 of title 10, United States Code, is amended by inserting
     after section 2492 the following new section:

     ``Sec. 2492a. Limitation on Department of Defense entities
       competing with private sector in offering personal
       information services

       ``(a) Limitation.--Notwithstanding section 2492 of this
     title, the Secretary of Defense may not authorize a
     Department of Defense entity to offer or provide personal
     information services using Department resources, personnel,
     or equipment, or compete for contracts to provide such
     personal information services, if users will be charged a fee
     for the personal information services to recover the cost
     incurred to provide the services or to earn a profit.
       ``(b) Exceptions.--Subsection (a) shall not apply if the
     Secretary of Defense determines that--
       ``(1) a private sector vendor is not available to provide
     the personal information services at specific locations; or
       ``(2) the interests of the user population would be best
     served by allowing the Government to provide such services.
       ``(c) Personal Information Services Defined.--In this
     section, the term `personal information services' means the
     provision of Internet, telephone, or television services to
     consumers.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such subchapter is amended by inserting after
     section 2492 the following new item:

``2492a. Limitation on Department of Defense entities competing with
              private sector in offering personal information
              services.''.

       (c) Effect on Existing Contracts.--Section 2492a of title
     10, United States Code, as added by subsection (a), does not
     affect the validity or terms of any contract for the
     provision of personal information services entered into
     before the date of the enactment of this Act.

     SEC. 653. REPORT ON IMPACT OF PURCHASING FROM LOCAL
                   DISTRIBUTORS ALL ALCOHOLIC BEVERAGES FOR RESALE
                   ON MILITARY INSTALLATIONS ON GUAM.

       (a) Report Required.--Not later than 90 days after the date
     of the enactment of this Act, the Comptroller General shall
     submit to the Committees on Armed Services of the Senate and
     the House of Representatives a report evaluating the impact
     of reimposing the requirement, effective for fiscal year 2008
     pursuant to section 8073 of the Department of Defense
     Appropriations Act, 2008 (division A of Public Law 110-116;
     121 Stat. 1331) but not extended for fiscal year 2009, that
     all alcoholic beverages intended for resale on military
     installations on Guam be purchased from local sources.
       (b) Evaluation Requirements.--As part of the report, the
     Comptroller General shall specifically evaluate the
     following:
       (1) The rationale for and validity of the concerns of
     nonappropriated funds activities over the one-year imposition
     of the local-purchase requirement and the impact the
     requirement had on alcohol resale prices.
       (2) The justification for the increase in the price of
     alcoholic beverages for resale on military installations on
     Guam.
       (3) The actions of the nonappropriated fund activities in
     complying with the local purchase requirements for resale of
     alcoholic beverages and their purchase of such affected
     products before and after the effective date of provision of
     law referred to in subsection (a).
       (4) The potential cost savings in transportation costs,
     including use of second destination transportation funds,
     accruing from the purchase of alcoholic beverages from local
     distributors on Guam.
       (5) The ability of local distributors on Guam to meet
     demands for stocks of certain alcoholic beverages in the
     event that the local purchase requirement became permanent
     for Guam.
       (6) The consistency in application of the alcohol resale
     requirement for nonappropriated fund activities on military
     installations with regards to Department of Defense
     Instruction 1330.09 (or any successor to that instruction)
     and the methods used to determine the resale price of
     alcoholic beverages.

                       Subtitle F--Other Matters

     SEC. 661. LIMITATIONS ON COLLECTION OF OVERPAYMENTS OF PAY
                   AND ALLOWANCES ERRONEOUSLY PAID TO MEMBERS.

       (a) Maximum Monthly Percentage of Member's Pay Authorized
     for Deduction.--Paragraph (3) of subsection (c) of section
     1007 of title 37, United States Code, is amended by striking
     ``20 percent'' and inserting ``10 percent''.
       (b) Consultation Regarding Deduction or Repayment Terms.--
     Such paragraph is further amended--
       (1) by inserting ``(A)'' after ``(3)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) In all cases described in subparagraph (A), the
     Secretary concerned shall consult with the member regarding
     the repayment rate to be imposed under such subparagraph to
     recover the indebtedness, taking into account the financial
     ability of the member to pay and avoiding the imposition of
     an undue hardship on the member and the member's
     dependents.''.
       (c) Delay in Instituting Collections From Wounded or
     Injured Members.--Paragraph (4) of such subsection is amended
     to read as follows:
       ``(4)(A) If a member of the uniformed services, while in
     the line of duty, is injured or wounded by hostile fire,
     explosion of a hostile mine, or any other hostile action, or
     otherwise incurs a wound, injury, or illness in a combat
     operation or combat zone designated by the President or the
     Secretary of Defense, any overpayment of pay or allowances
     made to the member while the member recovers from the wound,
     injury, or illness may not be deducted from the member's pay
     until--
       ``(i) the member is notified of the overpayment; and
       ``(ii) the later of the following occurs:
       ``(I) The end of the 180-day period beginning on the date
     of the completion of the tour of duty of the member in the
     combat operation or combat zone.
       ``(II) The end of the 90-day period beginning on the date
     of the reassignment of the member from a military treatment
     facility or other medical unit outside of the theater of
     operations.
       ``(B) Subparagraph (A) shall not apply if the member, after
     receiving notification of the overpayment, requests or
     consents to initiation at an earlier date of the collection
     of the overpayment of the pay or allowances.''.
       (d) Five-Year Deadline on Seeking Repayment.--Such
     subsection is further amended by adding at the end the
     following new paragraph:
       ``(5) The Secretary concerned may not deduct from the pay
     of a member of the uniformed services or otherwise recover,
     seek to recover, or assist in the recovery from a member or
     former member any overpayment of pay or allowances made to
     the member through no fault of the member unless the
     Secretary notifies the member of the indebtedness before the
     end of the five-year period beginning on the date on which
     the overpayment was made. If the notice is not provided
     before the end of such period, the Secretary concerned shall
     cancel the indebtedness of the member to the United
     States.''.
       (e) Expanded Discretion Regarding Remission or Cancellation
     of Indebtedness.--
       (1) Army.--Section 4837(a) of title 10, United States Code,
     is amended by striking ``, but only if the Secretary
     considers such action to be in

[[Page H7286]]

     the best interest of the United States.'' and inserting ``if
     the Secretary determines that the person--
       ``(1) relies on social security benefits or disability
     compensation under this title or title 38 (or a combination
     thereof) for more than half of the person's annual income; or
       ``(2) would suffer an undue hardship in repaying the
     indebtedness.''.
       (2) Naval service.--Section 6161(a) of such title is
     amended by striking ``, but only if the Secretary considers
     such action to be in the best interest of the United
     States.'' and inserting ``if the Secretary determines that
     the person--
       ``(1) relies on social security benefits or disability
     compensation under this title or title 38 (or a combination
     thereof) for more than half of the person's annual income; or
       ``(2) would suffer an undue hardship in repaying the
     indebtedness.''.
       (3) Air force.--Section 9837(a) of such title is amended by
     striking ``, but only if the Secretary considers such action
     to be in the best interest of the United States.'' and
     inserting ``if the Secretary determines that the person--
       ``(1) relies on social security benefits or disability
     compensation under this title or title 38 (or a combination
     thereof) for more than half of the person's annual income; or
       ``(2) would suffer an undue hardship in repaying the
     indebtedness.''.
       (f) Effective Date.--The amendments made by this section
     shall apply only with respect to an overpayment of pay or
     allowances made to a member of the uniformed services after
     the date of the enactment of this Act.

     SEC. 662. ARMY AUTHORITY TO PROVIDE ADDITIONAL RECRUITMENT
                   INCENTIVES.

       (a) Extension of Authority.--Subsection (i) of section 681
     of the National Defense Authorization Act for Fiscal Year
     2006 (Public Law 109-163; 119 Stat. 3321) is amended by
     striking ``December 31, 2009'' and inserting ``December 31,
     2012''.
       (b) Limitation on Use of Authority.--Subsection (e) of such
     section is amended by inserting ``at the same time'' after
     ``provided''.

     SEC. 663. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE
                   ABSENCE PROGRAM FOR CERTAIN PERIODS BEFORE
                   IMPLEMENTATION OF PROGRAM.

       (a) In General.--Under regulations prescribed by the
     Secretary of Defense, the Secretary concerned may provide any
     member or former member of the Armed Forces with the benefits
     specified in subsection (b) if the member or former member
     would, on any day during the period beginning on January 19,
     2007, and ending on the date of the implementation of the
     Post-Deployment/Mobilization Respite Absence (PDMRA) program
     by the Secretary concerned, have qualified for a day of
     administrative absence under the Post-Deployment/Mobilization
     Respite Absence program had the program been in effect during
     such period.
       (b) Benefits.--The benefits authorized under this section
     are the following:
       (1) In the case of an individual who is a former member of
     the Armed Forces at the time of the provision of benefits
     under this section, payment of an amount not to exceed $200
     for each day the individual would have qualified for a day of
     administrative absence as described in subsection (a) during
     the period specified in that subsection.
       (2) In the case of an individual who is a member of the
     Armed Forces at the time of the provision of benefits under
     this section, either one day of administrative absence or
     payment of an amount not to exceed $200, as selected by the
     Secretary concerned, for each day the individual would have
     qualified for a day of administrative absence as described in
     subsection (a) during the period specified in that
     subsection.
       (c) Exclusion of Certain Former Members.--A former member
     of the Armed Forces is not eligible under this section for
     the benefits specified in subsection (b)(1) if the former
     member was discharged or released from the Armed Forces under
     other than honorable conditions.
       (d) Maximum Number of Days of Benefits.--Not more than 40
     days of benefits may be provided to a member or former member
     of the Armed Forces under this section.
       (e) Form of Payment.--The paid benefits authorized under
     this section may be paid in a lump sum or installments, at
     the election of the Secretary concerned.
       (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.
       (g) Definitions.--In this section:
       (1) The term ``Post-Deployment/Mobilization Respite Absence
     program'' means the program of a military department to
     provide days of administrative absence not chargeable against
     available leave to certain deployed or mobilized members of
     the Armed Forces in order to assist such members in
     reintegrating into civilian life after deployment or
     mobilization.
       (2) The term ``Secretary concerned'' has the meaning given
     that term in section 101(5) of title 37, United States Code.
       (h) Termination.--
       (1) In general.--The authority to provide benefits under
     this section shall expire on the date that is one year after
     the date of the enactment of this Act.
       (2) Construction.--Expiration under this subsection of the
     authority to provide benefits under this section shall not
     affect the utilization of any day of administrative absence
     provided a member of the Armed Forces under subsection
     (b)(2), or the payment of any payment authorized a member or
     former member of the Armed Forces under subsection (b),
     before the expiration of the authority in this section.

     SEC. 664. SENSE OF CONGRESS REGARDING SUPPORT FOR
                   COMPENSATION, RETIREMENT, AND OTHER MILITARY
                   PERSONNEL PROGRAMS.

       It is the sense of Congress that members of the Armed
     Forces and their families and military retirees deserve
     ongoing recognition and support for their service and
     sacrifices on behalf of the United States, and Congress will
     continue to be vigilant in identifying appropriate direct
     spending offsets that can be used to address shortcoming
     within those military personnel programs that incur mandatory
     spending obligations.

                   TITLE VII--HEALTH CARE PROVISIONS

              Subtitle A--Improvements to Health Benefits

Sec. 701. Prohibition on conversion of military medical and dental
              positions to civilian medical and dental positions.
Sec. 702. Chiropractic health care for members on active duty.
Sec. 703. Expansion of survivor eligibility under TRICARE dental
              program.
Sec. 704. TRICARE standard coverage for certain members of the Retired
              Reserve who are qualified for a non-regular retirement
              but are not yet age 60.
Sec. 705. Cooperative health care agreements between military
              installations and non-military health care systems.
Sec. 706. Health care for members of the reserve components.
Sec. 707. National casualty care research center.

                          Subtitle B--Reports

Sec. 711. Report on post-traumatic stress disorder efforts.
Sec. 712. Report on the feasibility of TRICARE Prime in certain
              commonwealths and territories of the United States.
Sec. 713. Report on the health care needs of military family members.
Sec. 714. Report on stipends for members of reserve components for
              health care for certain dependents.
Sec. 715. Report on the required number of military mental health
              providers.

              Subtitle A--Improvements to Health Benefits

     SEC. 701. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND
                   DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL
                   POSITIONS.

       (a) Prohibition.--The Secretary of a military department
     may not convert any military medical or dental position to a
     civilian medical or dental position on or after October 1,
     2007.
       (b) Restoration of Certain Positions to Military
     Positions.--In the case of any military medical or dental
     position that is converted to a civilian medical or dental
     position during the period beginning on October 1, 2004, and
     ending on September 30, 2008, if the position is not filled
     by a civilian by September 30, 2008, the Secretary of the
     military department concerned shall restore the position to a
     military medical or dental position that may be filled only
     by a member of the Armed Forces who is a health professional.
       (c) Definitions.--In this section:
       (1) The term ``military medical or dental position'' means
     a position for the performance of health care functions (or
     coded to work within a military treatment facility) within
     the Armed Forces held by a member of the Armed Forces.
       (2) The term ``civilian medical or dental position'' means
     a position for the performance of health care functions
     within the Department of Defense held by an employee of the
     Department or of a contractor of the Department.
       (3) The term ``conversion'', with respect to a military
     medical or dental position, means a change of the position to
     a civilian medical or dental position, effective as of the
     date of the manning authorization document of the military
     department making the change (through a change in designation
     from military to civilian in the document, the elimination of
     the listing of the position as a military position in the
     document, or through any other means indicating the change in
     the document or otherwise).
       (d) Repeal.--Section 721 of the National Defense
     Authorization Act for Fiscal Year 2008 (Public Law 110-181;
     122 Stat. 198; 10 U.S.C. 129c note) is repealed.

     SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE
                   DUTY.

       (a) Requirement for Chiropractic Care.--Subject to such
     regulations as the Secretary of Defense may prescribe, the
     Secretary shall provide chiropractic services for members of
     the uniformed services who are entitled to care under section
     1074(a) of title 10, United States Code. Such chiropractic
     services may be provided only by a doctor of chiropractic.
       (b) Demonstration Projects.--The Secretary of Defense may
     conduct one or more demonstration projects to provide
     chiropractic services to deployed members of the uniformed
     services. Such chiropractic services may be provided only by
     a doctor of chiropractic.
       (c) Definitions.--In this section:
       (1) The term ``chiropractic services''--
       (A) includes diagnosis (including by diagnostic X-ray
     tests), evaluation and management, and therapeutic services
     for the treatment of a patient's health condition, including
     neuromusculoskeletal conditions and the subluxation complex,
     and such other services determined appropriate by the
     Secretary and as authorized under State law; and
       (B) does not include the use of drugs or surgery.
       (2) The term ``doctor of chiropractic'' means only a doctor
     of chiropractic who is licensed as a doctor of chiropractic,
     chiropractic physician, or chiropractor by a State, the
     District of Columbia, or a territory or possession of the
     United States.

[[Page H7287]]

     SEC. 703. EXPANSION OF SURVIVOR ELIGIBILITY UNDER TRICARE
                   DENTAL PROGRAM.

       Paragraph (3) of section 1076a(k) of title 10, United
     States Code, is amended to read as follows:
       ``(3) Such term does not include a dependent by reason of
     paragraph (2) after the end of the three-year period
     beginning on the date of the member's death, except that, in
     the case of a dependent of the deceased who is described by
     subparagraph (D) or (I) of section 1072(2) of this title, the
     period of continued eligibility shall be the longer of the
     following periods beginning on such date:
       ``(A) Three years.
       ``(B) The period ending on the date on which such dependent
     attains 21 years of age.
       ``(C) In the case of such dependent who, at 21 years of
     age, is enrolled in a full-time course of study in a
     secondary school or in a full-time course of study in an
     institution of higher education approved by the administering
     Secretary and was, at the time of the member's death, in fact
     dependent on the member for over one-half of such dependent's
     support, the period ending on the earlier of the following
     dates:
       ``(i) The date on which such dependent ceases to pursue
     such a course of study, as determined by the administering
     Secretary.
       ``(ii) The date on which such dependent attains 23 years of
     age.''.

     SEC. 704. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF
                   THE RETIRED RESERVE WHO ARE QUALIFIED FOR A
                   NON-REGULAR RETIREMENT BUT ARE NOT YET AGE 60.

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

     ``Sec. 1076e. TRICARE program: TRICARE standard coverage for
       certain members of the Retired Reserve who are qualified
       for a non-regular retirement but are not yet age 60

       ``(a) Eligibility.--(1) Except as provided in paragraph
     (2), a member of the Retired Reserve of a reserve component
     of the armed forces who is qualified for a non-regular
     retirement at age 60 under chapter 1223 of this title, but is
     not age 60, is eligible for health benefits under TRICARE
     Standard as provided in this section.
       ``(2) Paragraph (1) does not apply to a member who is
     enrolled, or is eligible to enroll, in a health benefits plan
     under chapter 89 of title 5.
       ``(b) Termination of Eligibility Upon Obtaining Other
     TRICARE Standard Coverage.--Eligibility for TRICARE Standard
     coverage of a member under this section shall terminate upon
     the member becoming eligible for TRICARE Standard coverage at
     age 60 under section 1086 of this title.
       ``(c) Family Members.--While a member of a reserve
     component is covered by TRICARE Standard under this section,
     the members of the immediate family of such member are
     eligible for TRICARE Standard coverage as dependents of the
     member. If a member of a reserve component dies while in a
     period of coverage under this section, the eligibility of the
     members of the immediate family of such member for TRICARE
     Standard coverage under this section shall continue for the
     same period of time that would be provided under section 1086
     of this title if the member had been eligible at the time of
     death for TRICARE Standard coverage under such section
     (instead of under this section).
       ``(d) Premiums.--(1) A member of a reserve component
     covered by TRICARE Standard under this section shall pay a
     premium for that coverage.
       ``(2) The Secretary of Defense shall prescribe for the
     purposes of this section one premium for TRICARE Standard
     coverage of members without dependents and one premium for
     TRICARE Standard coverage of members with dependents referred
     to in subsection (f)(1). The premium prescribed for a
     coverage shall apply uniformly to all covered members of the
     reserve components covered under this section.
       ``(3) The monthly amount of the premium in effect for a
     month for TRICARE Standard coverage under this section shall
     be the amount equal to the cost of coverage that the
     Secretary determines on an appropriate actuarial basis.
       ``(4) The Secretary shall prescribe the requirements and
     procedures applicable to the payment of premiums under this
     subsection.
       ``(5) Amounts collected as premiums under this subsection
     shall be credited to the appropriation available for the
     Defense Health Program Account under section 1100 of this
     title, shall be merged with sums in such Account that are
     available for the fiscal year in which collected, and shall
     be available under subsection (b) of such section for such
     fiscal year.
       ``(e) Regulations.--The Secretary of Defense, in
     consultation with the other administering Secretaries, shall
     prescribe regulations for the administration of this section.
       ``(f) Definitions.--In this section:
       ``(1) The term `immediate family', with respect to a member
     of a reserve component, means all of the member's dependents
     described in subparagraphs (A), (D), and (I) of section
     1072(2) of this title.
       ``(2) The term `TRICARE Standard' means--
       ``(A) medical care to which a dependent described in
     section 1076(a)(2) of this title is entitled; and
       ``(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.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such chapter is amended by inserting after the
     item relating to section 1076d the following new item:

``1076e. TRICARE program: TRICARE standard coverage for certain members
              of the Retired Reserve who are qualified for a non-
              regular retirement but are not yet age 60.''.

       (c) Effective Date.--Section 1076e of title 10, United
     States Code, as inserted by subsection (a), shall apply to
     coverage for months beginning on or after October 1, 2009, or
     such earlier date as the Secretary of Defense may specify.

     SEC. 705. COOPERATIVE HEALTH CARE AGREEMENTS BETWEEN MILITARY
                   INSTALLATIONS AND NON-MILITARY HEALTH CARE
                   SYSTEMS.

       (a) Authority.--The Secretary of Defense may establish
     cooperative health care agreements between military
     installations and local or regional health care systems.
       (b) Requirements.--In establishing such agreements, the
     Secretary shall--
       (1) consult with--
       (A) the Secretaries of the military departments;
       (B) representatives from the military installation selected
     for the agreement, including the TRICARE managed care support
     contractor with responsibility for such installation; and
       (C) Federal, State, and local government officials;
       (2) identify and analyze health care services available in
     the area in which the military installation is located,
     including such services available at a military medical
     treatment facility or in the private sector (or a combination
     thereof);
       (3) determine the cost avoidance or savings resulting from
     innovative partnerships between the Department of Defense and
     the private sector; and
       (4) determine the opportunities for and barriers to
     coordinating and leveraging the use of existing health care
     resources, including such resources of Federal, State, local,
     and private entities.
       (c) Annual Reports.--Not later than December 31 of each
     year an agreement entered into under this section is in
     effect, the Secretary shall submit to the congressional
     defense committees a report on each such agreement. Each
     report shall include, at a minimum, the following:
       (1) A description of the agreement.
       (2) Any cost avoidance, savings, or increases as a result
     of the agreement.
       (3) A recommendation for continuing or ending the
     agreement.
       (d) Rule of Construction.--Nothing in this section shall be
     construed as authorizing the provision of health care
     services at military medical treatment facilities or other
     facilities of the Department of Defense to individuals who
     are not otherwise entitled or eligible for such services
     under chapter 55 of title 10, United States Code.

     SEC. 706. HEALTH CARE FOR MEMBERS OF THE RESERVE COMPONENTS.

       (a) In General.--Subsection (d) of section 1074 of title
     10, United States Code, is amended to read as follows:
       ``(d)(1) For the purposes of this chapter, a member of a
     reserve component of the armed forces who is issued or
     covered by a delayed-effective-date active-duty order or an
     official notification shall be treated as being on active
     duty for a period of more than 30 days beginning on the later
     of the following dates:
       ``(A) The earlier of the date that is--
       ``(i) the date of the issuance of such order; or
       ``(ii) the date of the issuance of such official
     notification.
       ``(B) The date that is 180 days before the date on which
     the period of active duty is to commence under such order or
     official notification for that member.
       ``(2) In this subsection:
       ``(A) The term `delayed-effective-date active-duty order'
     means an order to active duty for a period of more than 30
     days in support of a contingency operation under a provision
     of law referred to in section 101(a)(13)(B) of this title
     that provides for active-duty service to begin under such
     order on a date after the date of the issuance of the order
       ``(B) The term `official notification' means a memorandum
     from the Secretary concerned that notifies a unit or a member
     of a reserve component of the armed forces that such unit or
     member shall receive a delayed-effective-date active-duty
     order.''.
       (b) Effective Date.--The amendment made by this section
     shall apply with respect to a delayed-effective-date active-
     duty order or official notification issued on or after the
     date of the enactment of this Act.

     SEC. 707. NATIONAL CASUALTY CARE RESEARCH CENTER.

       (a) Designation.--Not later than October 1, 2010, the
     Secretary of Defense shall designate a center to be known as
     the ``National Casualty Care Research Center'' (in this
     section referred to as the ``Center''), which shall consist
     of the program known as combat casualty care of the Army
     Medical Research and Materiel Command.
       (b) Director.--The Secretary shall appoint a director of
     the Center.
       (c) Activities of the Center.--In addition to other
     functions performed by the combat casualty care program, the
     Center shall--
       (1) provide a public-private partnership for funding
     clinical trials and clinical research in combat injury;
       (2) integrate basic and clinical research from both
     military and civilian populations to accelerate improvements
     to trauma care;
       (3) ensure that data from both military and civilian
     entities, including the Joint Theater Trauma Registry and the
     National Trauma Data Bank, are optimally used to establish
     research strategies and measure improvements in outcomes;
       (4) fund the full range of injury research and evaluation,
     including--
       (A) basic, translational, and clinical research;
       (B) point of injury and pre-hospital care;
       (C) early resuscitative management;
       (D) initial and definitive surgical care; and

[[Page H7288]]

       (E) rehabilitation and reintegration into society; and
       (5) coordinate the collaboration of military and civilian
     institutions conducting trauma research.
       (d) Authorization.--In addition to any other funds
     authorized to be appropriated for the combat casualty care
     program of the Army Medical Research and Materiel Command,
     there is hereby authorized to be appropriated to the
     Secretary $1,000,000 for fiscal year 2010 for the purpose of
     carrying out activities under this section.

                          Subtitle B--Reports

     SEC. 711. REPORT ON POST-TRAUMATIC STRESS DISORDER EFFORTS.

       (a) Report Required.--Not later than December 31, 2010, the
     Secretary of Defense and the Secretary of Veterans Affairs,
     in consultation with the Secretary of Health and Human
     Services, shall jointly submit to the appropriate committees
     a report on the treatment of post-traumatic stress disorder.
     The report shall include the following:
       (1) A list of each program and method available for the
     prevention, screening, diagnosis, treatment, or
     rehabilitation of post-traumatic stress disorder, including--
       (A) the rates of success for each such program or method
     (including an operational definition of the term ``success''
     and a discussion of the process used to quantify such rates);
       (B) the number of members of the Armed Forces and veterans
     diagnosed by the Department of Defense or the Department of
     Veterans Affairs as having post-traumatic stress disorder and
     the number of such veterans who have been successfully
     treated; and
       (C) any collaborative efforts between the Department of
     Defense and the Department of Veterans Affairs to prevent,
     screen, diagnose, treat, or rehabilitate post-traumatic
     stress disorder.
       (2) The status of studies and clinical trials involving
     innovative treatments of post-traumatic stress disorder that
     are conducted by the Department of Defense, the Department of
     Veterans Affairs, or the private sector, including--
       (A) efforts to identify physiological markers of post-
     traumatic stress disorder;
       (B) with respect to efforts to determine causation of post-
     traumatic stress disorder, brain imaging studies and the
     correlation between brain region atrophy and post-traumatic
     stress disorder diagnoses and the results (including any
     interim results) of such efforts;
       (C) the effectiveness of administering pharmaceutical
     agents before, during, or after a traumatic event in the
     prevention and treatment of post-traumatic stress disorder;
     and
       (D) identification of areas in which the Department of
     Defense and the Department of Veterans Affairs may be
     duplicating studies, programs, or research with respect to
     post-traumatic stress disorder.
       (3) A description of each treatment program for post-
     traumatic stress disorder, including a comparison of the
     methods of treatment by each program, at the following
     locations:
       (A) Fort Hood, Texas.
       (B) Fort Bliss, Texas.
       (C) Fort Campbell, Tennessee.
       (D) Other locations the Secretary of Defense considers
     appropriate.
       (4) The respective annual expenditure by the Department of
     Defense and the Department of Veterans Affairs for the
     treatment and rehabilitation of post-traumatic stress
     disorder.
       (5) A description of gender-specific and racial and ethnic
     group-specific mental health treatment and services available
     for members of the Armed Forces, including--
       (A) the availability of such treatment and services;
       (B) the access to such treatment and services;
       (C) the need for such treatment and services; and
       (D) the efficacy and adequacy of such treatment and
     services.
       (6) A description of areas for expanded future research
     with respect to post-traumatic stress disorder.
       (7) Any other matters the Secretaries consider relevant.
       (b) Updated Report Required.--Not later than December 31,
     2012, the Secretary of Defense and the Secretary of Veterans
     Affairs, in consultation with the Secretary of Health and
     Human Services, shall jointly submit to the appropriate
     committees an update of the report required by subsection
     (a).
       (c) Appropriate Committees Defined.--In this section, the
     term ``appropriate committees'' means--
       (1) the Committee on Armed Services, the Committee on
     Appropriations, the Committee on Veterans' Affairs, and the
     Committee on Energy and Commerce of the House of
     Representatives; and
       (2) the Committee on Armed Services, the Committee on
     Appropriations, the Committee on Veterans' Affairs, and the
     Committee on Health, Education, Labor, and Pensions of the
     Senate.

     SEC. 712. REPORT ON THE FEASIBILITY OF TRICARE PRIME IN
                   CERTAIN COMMONWEALTHS AND TERRITORIES OF THE
                   UNITED STATES.

       (a) Study Required.--The Secretary of Defense shall conduct
     a study examining the feasibility and cost-effectiveness of
     offering TRICARE Prime in each of the following locations:
       (1) American Samoa.
       (2) Guam.
       (3) The Commonwealth of the Northern Mariana Islands.
       (4) The Commonwealth of Puerto Rico.
       (5) The Virgin Islands.
       (b) Report.--Not later than 180 days after the date of the
     enactment of this Act, the Secretary shall submit to the
     congressional defense committees a report on the study.
       (c) TRICARE Prime Defined.--In this section, the term
     ``TRICARE Prime'' has the meaning given that term in section
     1097a(f)(1) of title 10, United States Code.

     SEC. 713. REPORT ON THE HEALTH CARE NEEDS OF MILITARY FAMILY
                   MEMBERS.

       (a) Report Required.--Not later than one year after the
     date of the enactment of this Act, the Secretary of Defense
     shall submit to the congressional defense committees a report
     on the health care needs of dependents (as defined in section
     1072(2) of title 10, United States Code). The report shall
     include, at a minimum, the following:
       (1) With respect to both the direct care system and the
     purchased care system, an analysis of the type of health care
     facility in which dependents seek care.
       (2) The 10 most common medical conditions for which
     dependents seek care.
       (3) The availability of and access to health care providers
     to treat the conditions identified under paragraph (2), both
     in the direct care system and the purchased care system.
       (4) Any shortfalls in the ability of dependents to obtain
     required health care services.
       (5) Recommendations on how to improve access to care for
     dependents.
       (b) Pilot Program.--
       (1) Elements.--The Secretary of the Army shall carry out a
     pilot program on the mental health care needs of military
     children and adolescents. In carrying out the pilot program,
     the Secretary shall establish a center to--
       (A) develop teams to train primary care managers in mental
     health evaluations and treatment of common psychiatric
     disorders affecting children and adolescents;
       (B) develop strategies to reduce barriers to accessing
     behavioral health services and encourage better use of the
     programs and services by children and adolescents; and
       (C) expand the evaluation of mental heath care using common
     indicators, including--
       (i) psychiatric hospitalization rates;
       (ii) non-psychiatric hospitalization rates; and
       (iii) mental health relative value units.
       (2) Reports.--
       (A) Interim report.--Not later than 90 days after
     establishing the pilot program, the Secretary of the Army
     shall submit to the congressional defense committees a report
     describing the--
       (i) structure and mission of the program; and
       (ii) the resources allocated to the program.
       (B) Final report.--Not later than September 30, 2012, the
     Secretary of the Army shall submit to the congressional
     defense committees a report that addresses the elements
     described under paragraph (1).

     SEC. 714. REPORT ON STIPENDS FOR MEMBERS OF RESERVE
                   COMPONENTS FOR HEALTH CARE FOR CERTAIN
                   DEPENDENTS.

       Not later than 90 days after the date of the enactment of
     this Act, the Secretary of Defense shall submit to the
     congressional defense committees a report on stipends paid
     under section 704 of the National Defense Authorization Act
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 188; 10
     U.S.C. 1076 note). The report shall include--
       (1) the number of stipends paid;
       (2) the amount of the average stipend; and
       (3) the number of members who received such stipends.

     SEC. 715. REPORT ON THE REQUIRED NUMBER OF MILITARY MENTAL
                   HEALTH PROVIDERS.

       Not later than one year after the date of the enactment of
     this Act, the Secretary of Defense shall submit to the
     congressional defense committees a report on the appropriate
     number of military mental health providers required to meet
     the mental health care needs of members of the Armed Forces,
     retired members, and dependents. The report shall include, at
     a minimum, the following:
       (1) An evaluation of the recommendation titled ``Ensure an
     Adequate Supply of Uniformed Providers'' made by the
     Department of Defense Task Force on Mental Health established
     by section 723 of the National Defense Authorization Act for
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3348).
       (2) The criteria and models used to determine the
     appropriate number of military mental health providers.
       (3) A plan for how the Secretary of Defense will achieve
     the appropriate number of military mental health providers,
     including timelines, budgets, and any additional legislative
     authority the Secretary determines is required for such plan.

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

             Subtitle A--Acquisition Policy and Management

Sec. 801. Temporary authority to acquire products and services produced
              in countries along a major route of supply to
              Afghanistan; Report.
Sec. 802. Assessment of improvements in service contracting.
Sec. 803. Display of annual budget requirements for procurement of
              contract services and related clarifying technical
              amendments.
Sec. 804. Demonstration authority for alternative acquisition process
              for defense information technology programs.
Sec. 805. Limitation on performance of product support integrator
              functions.

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

Sec. 811. Revision of Defense Supplement relating to payment of costs
              prior to definitization.
Sec. 812. Revisions to definitions relating to contracts in Iraq and
              Afghanistan.

[[Page H7289]]

Sec. 813. Amendment to notification requirements for awards of single
              source task or delivery orders.
Sec. 814. Clarification of uniform suspension and debarment
              requirement.
Sec. 815. Extension of authority for use of simplified acquisition
              procedures for certain commercial items.
Sec. 816. Revision to definitions of major defense acquisition program
              and major automated information system.
Sec. 817. Small Arms Production Industrial Base.
Sec. 818. Publication of justification for bundling of contracts of the
              Department of Defense.
Sec. 819. Contract authority for advanced component development or
              prototype units.

                       Subtitle C--Other Matters

Sec. 821. Enhanced expedited hiring authority for defense acquisition
              workforce positions.
Sec. 822. Acquisition Workforce Development Fund amendments.
Sec. 823. Reports to Congress on full deployment decisions for major
              automated information system programs.
Sec. 824. Requirement for Secretary of Defense to deny award and
              incentive fees to companies found to jeopardize health or
              safety of Government personnel.
Sec. 825. Authorization for actions to correct the industrial resource
              shortfall for high-purity beryllium metal in amounts not
              in excess of $85,000,000.
Sec. 826. Review of post employment restrictions applicable to the
              Department of Defense.
Sec. 827. Requirement to buy military decorations, ribbons, badges,
              medals, insignia, and other uniform accouterments
              produced in the United States.
Sec. 828. Findings and report on the usage of rare earth materials in
              the defense supply chain.
Sec. 829. Furniture standards.

             Subtitle A--Acquisition Policy and Management

     SEC. 801. TEMPORARY AUTHORITY TO ACQUIRE PRODUCTS AND
                   SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR
                   ROUTE OF SUPPLY TO AFGHANISTAN; REPORT.

       (a) In General.--In the case of a product or service to be
     acquired in support of military or stability operations in
     Afghanistan for which the Secretary of Defense makes a
     determination described in subsection (b), the Secretary may
     conduct a procurement in which--
       (1) competition is limited to products or services that are
     from one or more countries along a major route of supply to
     Afghanistan; or
       (2) a preference is provided for products or services that
     are from one or more countries along a major route of supply
     to Afghanistan.
       (b) Determination.--A determination described in this
     subsection is a determination by the Secretary that--
       (1) the product or service concerned is to be used only by
     personnel that ship goods, or provide support for shipping
     goods, for military forces, police, or other security
     personnel of Afghanistan, or for military or civilian
     personnel of the United States, United States allies, or
     Coalition partners operating in military or stability
     operations in Afghanistan;
       (2) it is in the national security interest of the United
     States to limit competition or provide a preference as
     described in subsection (a) because such limitation or
     preference is necessary--
       (A) to reduce overall United States transportation costs
     and risks in shipping goods in support of military or
     stability operations in Afghanistan;
       (B) to encourage countries along a major route of supply to
     Afghanistan to cooperate in expanding supply routes through
     their territory in support of military or stability
     operations in Afghanistan; or
       (C) to help develop more robust and enduring routes of
     supply to Afghanistan; and
       (3) limiting competition or providing a preference as
     described in subsection (a) will not adversely affect--
       (A) military or stability operations in Afghanistan; or
       (B) the United States industrial base.
       (c) Products, Services, and Sources From a Country Along a
     Major Route of Supply to Afghanistan.--For the purposes of
     this section:
       (1) A product is from a country along a major route of
     supply to Afghanistan if it is mined, produced, or
     manufactured in a covered country.
       (2) A service is from a country along a major route of
     supply to Afghanistan if it is performed in a covered country
     by citizens or permanent resident aliens of a covered
     country.
       (3) A source is from a country along a major route of
     supply to Afghanistan if it--
       (A) is located in a covered country; and
       (B) offers products or services that are from a covered
     country.
       (d) Covered Country Defined.--In this section, the term
     ``covered country'' means Georgia, Kyrgyzstan, Pakistan,
     Armenia, Azerbaijan, Kazakhstan, Tajikistan, Uzbekistan, or
     Turkmenistan.
       (e) Construction With Other Authority.--The authority
     provided in subsection (a) is in addition to the authority
     set forth in section 886 of the National Defense
     Authorization Act for Fiscal Year 2008 (Public Law 110-181;
     122 Stat. 266; 10 U.S.C. 2302 note).
       (f) Termination of Authority.--The Secretary of Defense may
     not exercise the authority provided in subsection (a) on and
     after the date occurring 18 months after the date of the
     enactment of this Act.
       (g) Report on Authority.--Not later than April 1, 2010, the
     Secretary of Defense shall submit to the congressional
     defense committees a report on the use of the authority
     provided in subsection (a). The report shall address, at a
     minimum, following:
       (1) The number of determinations made by the Secretary
     pursuant to subsection (b).
       (2) A description of the products and services acquired
     using the authority.
       (3) The extent to which the use of the authority has met
     the objectives of subparagraph (A), (B), or (C) of subsection
     (b)(2).
       (4) A list of the countries providing products or services
     as a result of a determination made pursuant to subsection
     (b).
       (5) Any recommended modifications to the authority.

     SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE CONTRACTING.

       (a) Assessment Required.--The Under Secretary of Defense
     for Acquisition, Technology, and Logistics shall provide for
     an independent assessment of improvements in the procurement
     and oversight of services by the Department of Defense. The
     assessment shall be conducted by a federally funded research
     and development center selected by the Under Secretary.
       (b) Matters Covered.--The assessment required by subsection
     (a) shall include the following:
       (1) An assessment of the quality and completeness of
     guidance relating to the procurement of services, including
     implementation of statutory and regulatory authorities and
     requirements.
       (2) A determination of the extent to which best practices
     are being developed for setting requirements and developing
     statements of work.
       (3) A determination of whether effective standards to
     measure performance have been developed.
       (4) An assessment of the effectiveness of peer reviews
     within the Department of Defense of contracts for services
     and whether such reviews are being conducted at the
     appropriate dollar threshold.
       (5) An assessment of the management structure for the
     procurement of services, including how the military
     departments and Defense Agencies have implemented section
     2330 of title 10, United States Code.
       (6) A determination of whether the performance savings
     goals required by section 802 of the National Defense
     Authorization Act for Fiscal Year 2002 (10 U.S.C. 2330 note)
     are being achieved.
       (7) An assessment of the effectiveness of the Acquisition
     Center of Excellence for Services established pursuant to
     section 1431(b) of the Services Acquisition Reform Act of
     2003 (title XIV of Public Law 108-136; 117 Stat. 1671; 41
     U.S.C. 405 note) and the feasibility of creating similar
     centers of excellence in the military departments.
       (8) An assessment of the quality and sufficiency of the
     acquisition workforce for the procurement and oversight of
     services.
       (9) Such other related matters as the Under Secretary
     considers appropriate.
       (c) Report.--Not later than March 10, 2010, the Under
     Secretary shall submit to the congressional defense
     committees a report on the results of the assessment,
     including such comments and recommendations as the Under
     Secretary considers appropriate.

     SEC. 803. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR
                   PROCUREMENT OF CONTRACT SERVICES AND RELATED
                   CLARIFYING TECHNICAL AMENDMENTS.

       (a) Codification of Requirement for Specification of
     Amounts Requested for Procurement of Contract Services.--
       (1) In general.--Chapter 9 of title 10, United States Code,
     is amended by adding at the end the following new section:

     ``Sec. 235. Procurement of contract services: specification
       of amounts requested in budget

       ``(a) Submission With Annual Budget Justification
     Documents.--The Secretary of Defense shall submit to the
     President, as a part of the defense budget materials for a
     fiscal year, information described in subsection (b) with
     respect to the procurement of contract services.
       ``(b) Information Provided.--For each budget account, the
     materials submitted shall clearly and separately identify--
       ``(1) the amount requested for the procurement of contract
     services for each Department of Defense component,
     installation, or activity;
       ``(2) the amount requested for each type of service to be
     provided; and
       ``(3) the number of full-time contractor employees (or the
     equivalent of full-time in the case of part-time contractor
     employees) projected and justified for each Department of
     Defense component, installation, or activity based on the
     inventory of contracts for services required by subsection
     (c) of section 2330a of this title and the review required by
     subsection (e) of such section.
       ``(c) Definitions.--In this section:
       ``(1) The term `contract services'--
       ``(A) means services from contractors; but
       ``(B) excludes services relating to research and
     development and services relating to military construction.
       ``(2) The term `defense budget materials', with respect to
     a fiscal year, means the materials submitted to the President
     by the Secretary of Defense in support of the budget for that
     fiscal year.
       ``(3) The term `budget', with respect to a fiscal year,
     means the budget for that fiscal year that is submitted to
     Congress by the President under section 1105(a) of title
     31.''.
       (2) Clerical amendment.--The table of sections at the
     beginning of such chapter is amended by adding at the end the
     following new item:


[[Page H7290]]


``235. Procurement of contract services: specification of amounts
              requested in budget''.

       (3) Repeal of superseded provision.--Section 806 of the
     National Defense Authorization Act for Fiscal Year 2008
     (Public Law 110-181; 10 U.S.C. 221 note) is repealed.
       (b) Clarification of Contract Services Review and Planning
     Requirements.--Section 2330a(e) of title 10, United States
     Code, is amended in paragraph (4) by inserting after ``plan''
     the following: ``and a contracts services requirements
     approval process''.

     SEC. 804. DEMONSTRATION AUTHORITY FOR ALTERNATIVE ACQUISITION
                   PROCESS FOR DEFENSE INFORMATION TECHNOLOGY
                   PROGRAMS.

       (a) Authority.--The Secretary of Defense may designate up
     to 10 information technology programs annually to be included
     in a demonstration of an alternative acquisition process for
     rapidly acquiring information technology capabilities. In
     designating the programs, the Secretary may select any
     information technology program in any of the military
     departments or Defense Agencies that has received milestone A
     approval, but has not yet received milestone B approval.
       (b) Procedures.--The Secretary of Defense shall establish
     procedures for the exercise of the authority under subsection
     (a), including a process for measuring the effectiveness of
     the alternative acquisition process to be demonstrated. The
     Secretary of Defense shall notify the congressional defense
     committees of those procedures before any exercise of that
     authority.
       (c) Requirement to Pay Full Cost in Year of Delivery.--No
     contract to acquire an information technology system may be
     entered into using the authority under subsection (a) unless
     the funds for the full cost of such system are obligated or
     expended in the fiscal year of delivery of the system.
       (d) Annual Report.--By March 1 of each year, beginning
     March 1, 2010, and ending March 1, 2016, the Secretary of
     Defense shall submit to the congressional defense committees
     a report on the activities carried out under the authority
     under subsection (a) during the preceding year. Each report
     shall include, at a minimum, the following:
       (1) A description of each information technology program in
     the demonstration, including goals, funding, and military
     department or Defense Agency sponsors.
       (2) A description of the methods for measuring the
     effectiveness of the alternative acquisition process for each
     information technology program in the demonstration.
       (3) Identification of any significant systemic or process
     issues impeding the effectiveness of the alternative
     acquisition process.
       (e) Period of Authority.--The authority under subsection
     (a) shall be in effect during each of fiscal years 2010
     through 2015.

     SEC. 805. LIMITATION ON PERFORMANCE OF PRODUCT SUPPORT
                   INTEGRATOR FUNCTIONS.

       (a) Limitation.--
       (1) In general.--Chapter 141 of title 10, United States
     Code, is amended by adding at the end the following new
     section:

     ``Sec. 2410r. Contractor sustainment support arrangements:
       limitation on product support integrator functions

       ``(a) Limitation.--A product support integrator function
     for a covered major system may be performed only by a member
     of the armed forces or an employee of the Department of
     Defense.
       ``(b) Definitions.--In this section:
       ``(1) The term `product support integrator function' means
     the function of integrating all sources of support for a
     major system, both public and private, and includes the
     integration of sustainment support arrangements at the level
     of the program office responsible for sustainment of such
     system.
       ``(2) The term `covered major system' means a major system
     for which a sustainment support arrangement is employed.
       ``(3) The term `sustainment support arrangement' means a
     contract, task order, or other contractual arrangement for
     the integration of sustainment or logistics support such as
     materiel management, configuration management, data
     management, supply, distribution, repair, overhaul, product
     improvement, calibration, maintenance, readiness,
     reliability, availability, mean down time, customer wait
     time, foot print reduction, reduced ownership costs and other
     tasks normally performed as part of the logistics support
     required for a major system. The term includes any of the
     following arrangements:
       ``(A) Contractor performance-based logistics.
       ``(B) Contractor sustainment support.
       ``(C) Contractor logistics support.
       ``(D) Contractor life cycle product support.
       ``(E) Contractor weapons system product support.
       ``(3) The term `major system' means that combination of
     elements that will function together to produce the
     capabilities required to fulfill a mission need as defined in
     section 2302(d) this title.''.
       (2) Clerical amendment.--The table of sections at the
     beginning of such chapter is amended by adding after the item
     relating to section 2410q the following new item:

``2410r. Contractor sustainment support arrangements: limitation on
              product support integrator functions.''.

       (b) Effective Date.--Section 2410r of title 10, United
     States Code, as added by subsection (a), shall apply to
     contracts entered into after September 30, 2010.

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

     SEC. 811. REVISION OF DEFENSE SUPPLEMENT RELATING TO PAYMENT
                   OF COSTS PRIOR TO DEFINITIZATION.

       (a) Requirement.--Not later than 180 days after the date of
     the enactment of this Act, the Secretary of Defense shall
     revise the Defense Supplement to the Federal Acquisition
     Regulation to require that, if a clause relating to payment
     of costs prior to definitization of costs is included in a
     contract of the Department of Defense, the clause shall
     apply--
       (1) to the contract regardless of the type of contract; and
       (2) to each contractual action pursuant to the contract.
       (b) Contractual Action.--In this section, the term
     ``contractual action'' includes a task order or delivery
     order.

     SEC. 812. REVISIONS TO DEFINITIONS RELATING TO CONTRACTS IN
                   IRAQ AND AFGHANISTAN.

       (a) Revisions to Definition of Contract in Iraq or
     Afghanistan.--Section 864(a)(2) of the National Defense
     Authorization Act for Fiscal Year 2008 (Public Law 110-181;
     122 Stat. 258; 10 U.S.C. 2302 note) is amended--
       (1) by striking ``or a task order or delivery order at any
     tier issued under such a contract'' and inserting ``a task
     order or delivery order at any tier issued under such a
     contract, a grant, or a cooperative agreement'';
       (2) by striking in the parenthetical ``or task order or
     delivery order'' and inserting ``task order, delivery order,
     grant, or cooperative agreement'';
       (3) by striking ``or task or delivery order'' after the
     parenthetical and inserting ``task order, delivery order,
     grant, or cooperative agreement''; and
       (4) by striking ``14 days'' and inserting ``30 days''.
       (b) Revision to Definition of Covered Contract.--Section
     864(a)(3) of such Act (Public Law 110-181; 122 Stat. 259; 10
     U.S.C. 2302 note) is amended--
       (1) by striking ``or'' at the end of subparagraph (B);
       (2) by striking the period and inserting a semicolon at the
     end of subparagraph (C); and
       (3) by adding at the end the following new subparagraphs:
       ``(D) a grant for the performance of services in an area of
     combat operations, as designated by the Secretary of Defense
     under subsection (c) of section 862; or
       ``(E) a cooperative agreement for the performance of
     services in such an area of combat operations.''.
       (c) Revision to Definition of Contractor.--Paragraph (4) of
     section 864(a) of such Act (Public Law 110-181; 122 Stat.
     259; 10 U.S.C. 2302 note) is amended to read as follows:
       ``(4) Contractor.--The term `contractor', with respect to a
     covered contract, means--
       ``(A) in the case of a covered contract that is a contract,
     subcontract, task order, or delivery order, the contractor or
     subcontractor carrying out the covered contract;
       ``(B) in the case of a covered contract that is a grant,
     the grantee; and
       ``(C) in the case of a covered contract that is a
     cooperative agreement, the recipient.''.
       (d) Revision in Value of Contracts Covered by Certain
     Report.--Section 1248(c)(1)(B) of such Act (Public Law 110-
     181; 122 Stat. 400) is amended by striking ``$25,000'' and
     inserting ``$100,000''.

     SEC. 813. AMENDMENT TO NOTIFICATION REQUIREMENTS FOR AWARDS
                   OF SINGLE SOURCE TASK OR DELIVERY ORDERS.

       (a) Congressional Defense Committees.--Subparagraph (B) of
     section 2304a(d)(3) of title 10, United States Code, is
     amended to read as follows:
       ``(B) The head of the agency shall notify the congressional
     defense committees within 30 days after any determination
     under clause (i), (ii), (iii), or (iv) of subparagraph
     (A).''.
       (b) Congressional Intelligence Committees.--Any
     notification provided under subparagraph (B) of section
     2304a(d)(3) of title 10, United States Code, as amended by
     subsection (a), shall also be provided to the Permanent
     Select Committee on Intelligence of the House of
     Representatives and the Select Committee on Intelligence of
     the Senate if the source of funds for the task or delivery
     order contract concerned is the National Intelligence Program
     or the Military Intelligence Program.

     SEC. 814. CLARIFICATION OF UNIFORM SUSPENSION AND DEBARMENT
                   REQUIREMENT.

       Section 2455(a) of the Federal Acquisition Streamlining Act
     of 1994 (31 U.S.C. 6101 note) is amended by inserting ``at
     any level, including subcontracts at any tier,'' in the
     second sentence after ``any procurement or nonprocurement
     activity''.

     SEC. 815. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED
                   ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL
                   ITEMS.

       Section 4202 of the Clinger-Cohen Act of 1996 (Division D
     of Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) as
     amended by section 822 of the National Defense Authorization
     Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 226)
     is amended in subsection (e) by striking ``2010'' and
     inserting ``2012''.

     SEC. 816. REVISION TO DEFINITIONS OF MAJOR DEFENSE
                   ACQUISITION PROGRAM AND MAJOR AUTOMATED
                   INFORMATION SYSTEM.

       (a) Major Defense Acquisition Program.--Section 2430 of
     title 10, United States Code, is amended by adding at the end
     the following new subsection:
       ``(d) In the case of a Department of Defense acquisition
     program that, by reason of paragraph (2) of section 2445a(a)
     of this title, is a major automated information system
     program under chapter 144A of this title and that, by reason
     of paragraph (2) of subsection (a), is a major defense
     acquisition program under this

[[Page H7291]]

     chapter, the Secretary of Defense may designate that program
     to be treated only as a major automated information system
     program or to be treated only as a major defense acquisition
     program.''.
       (b) Major Automated Information System.--Section 2445a(a)
     of such title is amended by inserting ``that is not a highly
     sensitive classified program (as determined by the Secretary
     of Defense)'' after ``(either as a product or service)''.

     SEC. 817. SMALL ARMS PRODUCTION INDUSTRIAL BASE.

       Section 2473 of title 10, United States Code, is amended--
       (1) by amending subsection (c) to read as follows:
       ``(c) Small Arms Production Industrial Base.--In this
     section, the term `small arms production industrial base'
     means the persons and organizations that are engaged in the
     production or maintenance of small arms within the United
     States.''; and
       (2) in subsection (d), by adding at the end the following
     new paragraph:
       ``(6) Pistols.''.

     SEC. 818. PUBLICATION OF JUSTIFICATION FOR BUNDLING OF
                   CONTRACTS OF THE DEPARTMENT OF DEFENSE.

       (a) Requirement to Publish Justification for Bundling.--A
     contracting officer of the Department of Defense carrying out
     a covered acquisition shall publish the justification
     required by paragraph (f) of subpart 7.107 of the Federal
     Acquisition Regulation on the website known as FedBizOpps.gov
     (or any successor site) 30 days prior to the release of a
     solicitation for such acquisition.
       (b) Covered Acquisition Defined.--In this section, the term
     ``covered acquisition'' means an acquisition that is--
       (1) funded entirely using funds of the Department of
     Defense; and
       (2) covered by subpart 7.107 of the Federal Acquisition
     Regulation (relating to acquisitions involving bundling).
       (c) Construction.--(1) Nothing in this section shall be
     construed to alter the responsibility of a contracting
     officer to provide the justification referred to in
     subsection (a) with respect to a covered acquisition, or
     otherwise provide notification, to any party concerning such
     acquisition under any other requirement of law or regulation.
       (2) Nothing in this section shall be construed to require
     the public availability of information that is exempt from
     public disclosure under section 552(b) of title 5, United
     States Code, or is otherwise restricted from public
     disclosure by law or executive order.
       (3) Nothing in this section shall be construed to require a
     contracting officer to delay the issuance of a solicitation
     in order to meet the requirements of subsection (a) if the
     expedited issuance of such solicitation is otherwise
     authorized under any other requirement of law or regulation.

     SEC. 819. CONTRACT AUTHORITY FOR ADVANCED COMPONENT
                   DEVELOPMENT OR PROTOTYPE UNITS.

       (a) Authority.--A contract initially awarded from the
     competitive selection of a proposal resulting from a general
     solicitation referred to in section 2302(2)(B) of title 10,
     United States Code, may contain a contract option for--
       (1) the provision of advanced component development and
     prototype of technology developed in the initial underlying
     contract; or
       (2) the delivery of initial or additional prototype items
     if the item or a prototype thereof is created as the result
     of work performed under the initial competed research
     contract.
       (b) Delivery.--A contract option as described in subsection
     (a)(2) shall require the delivery of the minimal amount of
     initial or additional prototype items to allow for the timely
     competitive solicitation and award of a follow-on development
     or production contract for those items. Such contract option
     may have a value only up to three times the value of the base
     contract ceiling and any subsequent development or
     procurement must be subject to the terms of section 2304 of
     title 10, United States Code.
       (c) Term.--A contract option as described in subsection
     (a)(1) shall be for a term of not more than 12 months.
       (d) Use of Authority.--Each military department may use the
     authority provided in subsection (a) to exercise a contract
     option described in that subsection up to four times a year,
     and the Secretary of Defense may approve up to an additional
     four total options a year for projects supported by agencies
     of the Department of Defense, until September 30, 2014.
       (e) Report.--The Secretary of Defense shall submit to the
     congressional defense committees a report on the use of the
     authority provided by subsection (a) not later than March 1,
     2014. The report shall, at a minimum, describe--
       (1) the number of times the contract options were exercised
     under such authority and the scope of each such option;
       (2) the circumstances that rendered the military department
     or defense agency unable to solicit and award a follow-on
     development or production contract in a timely fashion, but
     for the use of such authority;
       (3) the extent to which such authority increased
     competition and improved technology transition; and
       (4) any recommendations regarding the modification or
     extension of such authority.

                       Subtitle C--Other Matters

     SEC. 821. ENHANCED EXPEDITED HIRING AUTHORITY FOR DEFENSE
                   ACQUISITION WORKFORCE POSITIONS.

       (a) In General.--Section 1705(h)(1) of title 10, United
     States Code, is amended--
       (1) in subparagraph (A), by striking ``acquisition
     positions within the Department of Defense as shortage
     category positions'' and inserting ``acquisition workforce
     positions as positions for which there exists a shortage of
     candidates or there is a critical hiring need''; and
       (2) in subparagraph (B), by striking ``highly''.
       (b) Technical Amendment.--Such section is further amended
     by striking ``United States Code,'' in the matter preceding
     subparagraph (A).

     SEC. 822. ACQUISITION WORKFORCE DEVELOPMENT FUND AMENDMENTS.

       (a) Revisions to Credits to Fund.--
       (1) Remittance by fiscal year instead of quarter.--
     Subparagraph (B) of section 1705(d)(2) of title 10, United
     States Code, is amended--
       (A) in the first sentence, by striking ``the third fiscal
     year quarter'' and all that follows through ``thereafter''
     and inserting ``each fiscal year''; and
       (B) by striking ``quarter'' before ``for services''.
       (2) Authority to suspend remittance requirement.--Section
     1705(d)(2) of such title is further amended by adding at the
     end the following new subparagraph:
       ``(E) The Secretary of Defense may suspend the requirement
     to remit amounts under subparagraph (B), or reduce the amount
     required to be remitted under that subparagraph, for fiscal
     year 2010 or any subsequent fiscal year for which amounts
     appropriated to the Fund are in excess of the amount
     specified for that fiscal year in subparagraph (D).''.
       (b) Revision to Employees Covered by Prohibition of Payment
     of Base Salary.--Paragraph (5) of section 1705(e) of such
     title is amended by striking ``who was an employee of the
     Department as of the date of the enactment of the National
     Defense Authorization Act for Fiscal Year 2008'' and
     inserting ``who, as of January 28, 2008, was an employee of
     the Department serving in a position in the acquisition
     workforce''.
       (c) Technical Amendments.--Section 1705 of such title is
     further amended--
       (1) in subsection (a), by inserting ``Development'' after
     ``Workforce''; and
       (2) in subsection (f), by striking ``beginning with fiscal
     year 2008'' in the matter preceding paragraph (1).

     SEC. 823. REPORTS TO CONGRESS ON FULL DEPLOYMENT DECISIONS
                   FOR MAJOR AUTOMATED INFORMATION SYSTEM
                   PROGRAMS.

       (a) Implementation Schedule.--Section 2445b(b)(2) of title
     10, United States Code, is amended by striking ``, initial
     operational capability, and full operational capability'' and
     inserting ``and full deployment decision''.
       (b) Critical Changes in Program.--Section 2445c(d)(2)(A) of
     such title is amended by striking ``initial operational
     capability'' and inserting ``a full deployment decision''.

     SEC. 824. REQUIREMENT FOR SECRETARY OF DEFENSE TO DENY AWARD
                   AND INCENTIVE FEES TO COMPANIES FOUND TO
                   JEOPARDIZE HEALTH OR SAFETY OF GOVERNMENT
                   PERSONNEL.

       (a) Requirement to Deny Award and Incentive Fees.--
       (1) Prime contractors.--The Secretary of Defense shall
     prohibit the payment of award and incentive fees to any
     defense contractor--
       (A) that has been determined, through a criminal, civil, or
     administrative proceeding that results in a disposition
     listed in subsection (c), in the performance of a covered
     contract to have caused serious bodily injury or death to any
     civilian or military personnel of the Government through
     gross negligence or with reckless disregard for the safety of
     such personnel; or
       (B) that awarded a subcontract under a covered contract to
     a subcontractor that has been determined, through a criminal,
     civil, or administrative proceeding that results in a
     disposition listed in subsection (c), in the performance of
     the subcontract to have caused serious injury or death to any
     civilian or military personnel of the Government, through
     gross negligence or with reckless disregard for the safety of
     such personnel, but only to the extent that the defense
     contractor has been determined (through such a proceeding
     that results in such a disposition) that the defense
     contractor is also liable for such actions of the
     subcontractor.
       (2) Subcontractors.--The Secretary of Defense shall
     prohibit the payment of award and incentive fees to any
     subcontractor under a covered contract that has been
     determined, through a criminal, civil, or administrative
     proceeding that results in a disposition listed in subsection
     (c), in the performance of a covered contract to have caused
     serious bodily injury or death to any civilian or military
     personnel of the Government through gross negligence or with
     reckless disregard for the safety of such personnel.
       (b) Determination of Debarment.--Not later than 90 days
     after a determination pursuant to subsection (a)(1) has been
     made, the Secretary shall determine whether the defense
     contractor should be debarred from contracting with the
     Department of Defense.
       (c) List of Dispositions in Criminal, Civil, or
     Administrative Proceedings.--For purposes of subsection (a),
     the dispositions listed in this subsection are as follows:
       (1) In a criminal proceeding, a conviction.
       (2) In a civil proceeding, a finding of fault and liability
     that results in the payment of a monetary fine, penalty,
     reimbursement, restitution, or damages of $5,000 or more.
       (3) In an administrative proceeding, a finding of fault and
     liability that results in--
       (A) the payment of a monetary fine or penalty of $5,000 or
     more; or
       (B) the payment of a reimbursement, restitution, or damages
     in excess of $100,000.
       (4) To the maximum extent practicable and consistent with
     applicable laws and regulations, in a criminal, civil, or
     administrative proceeding, a disposition of the matter by
     consent or compromise with an acknowledgment of fault by the
     person if the proceeding could have led to

[[Page H7292]]

     any of the outcomes specified in paragraph (1), (2), or (3).
       (d) Waiver.--The prohibition required by subsection (a) may
     be waived by the Secretary of Defense on a case-by-case basis
     if the Secretary finds that the prohibition would jeopardize
     national security. The Secretary shall notify the
     congressional defense committees of any exercise of the
     waiver authority under this subsection.
       (e) Definitions.--In this section:
       (1) The term ``defense contractor'' means a company awarded
     a covered contract.
       (2) The term ``covered contract'' means a contract awarded
     by the Department of Defense for the procurement of goods or
     services.
       (3) The term ``serious bodily injury'' means a grievous
     physical harm that results in a permanent disability.
       (f) Regulations.--Not later than 180 days after the date of
     the enactment of this Act, the Secretary of Defense shall
     prescribe regulations to implement the prohibition required
     by subsection (a) and shall establish in such regulations--
       (1) that the prohibition applies only to award and
     incentive fees under the covered contract concerned;
       (2) the extent of the award and incentive fees covered by
     the prohibition, but shall include, at a minimum, all award
     and incentive fees associated with the performance of the
     covered contract in the year in which the serious bodily
     injury or death resulting in a disposition listed in
     subsection (c) occurred; and
       (3) mechanisms for recovery by or repayment to the
     Government of award and incentive fees paid to a contractor
     or subcontractor under a covered contract prior to the
     determination.
       (g) Effective Date.--The prohibition required by subsection
     (a) shall apply to covered contracts awarded on or after the
     date occurring 180 days after the date of the enactment of
     this Act.

     SEC. 825. AUTHORIZATION FOR ACTIONS TO CORRECT THE INDUSTRIAL
                   RESOURCE SHORTFALL FOR HIGH-PURITY BERYLLIUM
                   METAL IN AMOUNTS NOT IN EXCESS OF $85,000,000.

       With respect to actions 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 ``$85,000,000''
     for ``$50,000,000''.

     SEC. 826. REVIEW OF POST EMPLOYMENT RESTRICTIONS APPLICABLE
                   TO THE DEPARTMENT OF DEFENSE.

       (a) Review Required.--The Panel on Contracting Integrity,
     established pursuant to section 813 of the John Warner
     National Defense Authorization Act for Fiscal Year 2007
     (Public Law 109-364), shall review policies relating to post-
     employment restrictions on former Department of Defense
     personnel to determine whether such policies adequately
     protect the public interest, without unreasonably limiting
     future employment options for former Department of Defense
     personnel.
       (b) Matters Considered.--In performing the review required
     by subsection (a), the Panel shall consider the extent to
     which current post-employment restrictions--
       (1) appropriately protect the public interest by preventing
     personal conflicts of interests and preventing former
     Department of Defense officials from exercising undue or
     inappropriate influence on the Department of Defense;
       (2) appropriately require disclosure of personnel accepting
     employment with contractors of the Department of Defense
     involving matters related to their official duties;
       (3) use appropriate thresholds, in terms of salary or
     duties, for the establishment of such restrictions;
       (4) are sufficiently straightforward and have been
     explained to personnel of the Department of Defense so that
     such personnel are able to avoid potential violations of
     post-employment restriction and conflicts of interest in
     interactions with former personnel of the Department;
       (5) adequately address personnel performing duties in
     acquisition-related activities that are not covered by
     current restrictions relating to private sector employment
     following employment with the Department of Defense and
     procurement integrity, such as personnel involved in--
       (A) the establishment of requirements;
       (B) testing and evaluation; and
       (C) the development of doctrine;
       (6) ensure that the Department of Defense has access to
     world-class talent, especially with respect to highly
     qualified technical, engineering, and acquisition expertise;
     and
       (7) ensure that service in the Department of Defense
     remains an attractive career option.
       (c) Completion of the Review.--The Panel shall complete the
     review required by subsection (a) not later than one year
     after the date of the enactment of this Act.
       (d) Report to Committees on Armed Services.--Not later than
     30 days after the completion of the review, the Panel shall
     submit to the Committees on Armed Services of the Senate and
     the House of Representatives a report containing the findings
     of the review and the recommendations of the Panel to the
     Secretary of Defense, including recommended legislative or
     regulatory changes, resulting from the review.
       (e) National Academy of Public Administration Assessment.--
       (1) Not later than 30 days after the completion of the
     review, the Secretary of Defense shall enter into an
     arrangement with the National Academy of Public
     Administration to assess the findings and recommendations of
     the review.
       (2) Not later than 210 days after the completion of the
     review, the National Academy of Public Administration shall
     provide its assessment of the review to the Secretary, along
     with such additional recommendations as the National Academy
     may have.
       (3) Not later than 30 days after receiving the assessment,
     the Secretary shall provide the assessment, along with such
     comments as the Secretary considers appropriate, to the
     Committees on Armed Services of the Senate and the House of
     Representatives.

     SEC. 827. REQUIREMENT TO BUY MILITARY DECORATIONS, RIBBONS,
                   BADGES, MEDALS, INSIGNIA, AND OTHER UNIFORM
                   ACCOUTERMENTS PRODUCED IN THE UNITED STATES.

       (a) Requirement.--Subchapter III of chapter 147 of title
     10, United States Code, is amended by adding at the end the
     following new section:

     ``Sec. 2495c. Requirement to buy military decorations and
       other uniform accouterments from American sources;
       exceptions

       ``(a) Buy-American Requirement.--A military exchange store
     or other nonappropriated fund instrumentality of the
     Department of Defense may not purchase for resale any
     military decorations, ribbons, badges, medals, insignia, and
     other uniform accouterments that are not produced in the
     United States. Competitive procedures shall be used in
     selecting the United States producer of the decorations.
       ``(b) Heraldic Quality Control.--No certificate of
     authority (contained in part 507 of title 32, Code of Federal
     Regulations) for the manufacture and sale of any item
     reference in subsection (a) by the Institute of Heraldry, the
     Navy Clothing and Textile Research Facility, or the Marine
     Corps Combat Equipment and Support Systems for quality
     control and specifications purposes shall be permitted unless
     these items are from domestic material manufactured in the
     United States.
       ``(c) Exception.--Subsections (a) and (b) do not apply to
     the extent that the Secretary of Defense determines that a
     satisfactory quality and sufficient quantity of an item
     covered by subsection (a) and produced in the United States
     cannot be procured at a reasonable cost.
       ``(d) United States Defined.--In this section, the term
     `United States' includes the Commonwealth of Puerto Rico,
     Guam, the United States Virgin Islands, the Commonwealth of
     the Northern Mariana Islands, American Samoa, and any other
     territory or possession of the United States.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such subchapter is amended by adding at the end
     the following new item:

``2495c. Requirement to buy military decorations and other uniform
              accouterments from American sources; exceptions.''.

       (c) Conforming Amendment.--Section 2533a(b)(1) of such
     title is amended--
       (1) in subparagraph (D), by striking ``or'' at the end;
       (2) in subparagraph (E), by striking the period at the end
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) military decorations, ribbons, badges, medals,
     insignia, and other uniform accouterments.''.

     SEC. 828. FINDINGS AND REPORT ON THE USAGE OF RARE EARTH
                   MATERIALS IN THE DEFENSE SUPPLY CHAIN.

       (a) Findings.--Regarding the availability of rare earth
     materials and components containing rare earth materials in
     the defense supply chain Congress finds--
       (1) it is necessary, to the maximum extent practicable, to
     ensure the uninterrupted supply of strategic materials
     critical to national security, including rare earth materials
     and other items covered under section 2533b of title 10,
     United States Code, to support the defense supply-chain,
     particularly when many of those materials are supplied by
     primary producers in unreliable foreign nations;
       (2) many less common metals, including rare earths and
     thorium, are critical to modern technologies, including
     numerous defense critical technologies and these technologies
     cannot be built without the use of these metals and materials
     produced from them and therefore could qualify as strategic
     materials, critical to national security, in which case the
     Strategic Materials Protection Board should recommend a
     strategy to the President to ensure the domestic availability
     of these materials; and
       (3) there is a need to identify the strategic value placed
     on rare earth materials by foreign nations (including China),
     and the Department of Defense's supply-chain vulnerability
     related to rare earths and end items containing rare earths.
       (b) Report Required.--Not later than April 1, 2010, the
     Comptroller General shall submit to the Committees on Armed
     Services of the Senate and House of Representatives a report
     on the usage of rare earth materials in the supply chain of
     the Department of Defense.
       (c) Objectives of Report.--The objectives of the report
     required by subsection (b) shall be to determine the
     availability of rare earth materials, including ores, semi-
     finished rare earth products, components containing rare-
     earth materials, and other uses of rare earths by the
     Department of Defense in its weapon systems. The following
     items shall be considered:
       (1) An analysis of past procurements and attempted
     procurements by foreign governments or government- controlled
     entities, including mines and mineral rights, of rare-earth
     resources outside such nation's territorial boundaries.
       (2) An analysis of the worldwide availability of rare
     earths, such as samarium, neodymium, thorium and lanthanum,
     including current and potential domestic sources for use in
     defense systems, including a projected analysis of projected
     availability of these materials in the export market.
       (3) A determination as to which defense systems are
     currently dependent on rare earths

[[Page H7293]]

     supplied by nondomestic sources, particularly neodymium iron
     boron magnets.
       (d) Rare Earth Defined.--In this section, the term ``rare
     earth'' means the chemical elements, all metals, beginning
     with lanthanum, atomic number 57, and including all of the
     natural chemical elements in the periodic table following
     lanthanum up to and including lutetium, element number 71.
     The term also includes the elements yttrium and scandium.

     SEC. 829. FURNITURE STANDARDS.

       All Department of Defense purchases of furniture in the
     United States and its territories made from Department of
     Defense funds, including under design-build contracts, must
     meet the same quality standards as specified by the General
     Services Administration schedule program and the Department
     of Defense.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Role of commander of special operations command regarding
              personnel management policy and plans affecting special
              operations forces.
Sec. 902. Special operations activities.
Sec. 903. Redesignation of the Department of the Navy as the Department
              of the Navy and Marine Corps.
Sec. 904. Authority to allow private sector civilians to receive
              instruction at Defense Cyber Investigations Training
              Academy of the Defense Cyber Crime Center.
Sec. 905. Organizational structure of the Office of the Assistant
              Secretary of Defense for Health Affairs and the TRICARE
              Management Activity.
Sec. 906. Requirement for Director of Operational Energy Plans and
              Programs to report directly to Secretary of Defense.
Sec. 907. Increased flexibility for Combatant Commander Initiative
              Fund.
Sec. 908. Repeal of requirement for a Deputy Under Secretary of Defense
              for Technology Security Policy within the Office of the
              Under Secretary of Defense for Policy.
Sec. 909. Recommendations to Congress by members of Joint Chiefs of
              Staff.

                      Subtitle B--Space Activities

Sec. 911. Submission and review of space science and technology
              strategy.
Sec. 912. Converting the space surveillance network pilot program to a
              permanent program.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Plan to address foreign ballistic missile intelligence
              analysis.

                       Subtitle D--Other Matters

Sec. 931. Joint Program Office for Cyber Operations Capabilities.
Sec. 932. Defense Integrated Military Human Resources System Transition
              Council.
Sec. 933. Department of Defense School of Nursing revisions.
Sec. 934. Report on special operations command organization, manning,
              and management.
Sec. 935. Study on the recruitment, retention, and career progression
              of uniformed and civilian military cyber operations
              personnel.

              Subtitle A--Department of Defense Management

     SEC. 901. ROLE OF COMMANDER OF SPECIAL OPERATIONS COMMAND
                   REGARDING PERSONNEL MANAGEMENT POLICY AND PLANS
                   AFFECTING SPECIAL OPERATIONS FORCES.

       Section 167(e) of title 10, United States Code, is
     amended--
       (1) in paragraph (2), by striking subparagraph (J); and
       (2) inserting at the end the following new paragraph:
       ``(5)(A) The Secretaries of the military departments shall
     coordinate with the commander of the special operations
     command regarding personnel management policy and plans as
     such policy and plans relate to the following:
       ``(i) Accessions, assignments, and command selection for
     special operations forces.
       ``(ii) Compensation, promotions, retention, professional
     development, and training of members of special operations
     forces.
       ``(iii) Readiness as it relates to manning guidance and
     priority of fill for units of the special operations forces.
       ``(B) The coordination required by subparagraph (A) shall
     be conducted in such a manner so as not to interfere with the
     authorities of the Secretary concerned regarding personnel
     management policy and plans.''.

     SEC. 902. SPECIAL OPERATIONS ACTIVITIES.

       Section 167(j) of title 10, United States Code, is amended
     by striking paragraphs (1) through (10) and inserting the
     following new paragraphs:
       ``(1) Special reconnaissance.
       ``(2) Unconventional warfare.
       ``(3) Foreign internal defense.
       ``(4) Civil affairs operations.
       ``(5) Counterterrorism.
       ``(6) Psychological operations.
       ``(7) Information operations.
       ``(8) Counter proliferation of weapons of mass destruction.
       ``(9) Security force assistance.
       ``(10) Counterinsurgency operations.
       ``(11) Such other activities as may be specified by the
     President or the Secretary of Defense.''.

     SEC. 903. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE
                   DEPARTMENT OF THE NAVY AND MARINE CORPS.

       (a) Redesignation of the Department of the Navy as the
     Department of the Navy and Marine Corps.--
       (1) Redesignation of military department.--The military
     department designated as the Department of the Navy is
     redesignated as the Department of the Navy and Marine Corps.
       (2) Redesignation of secretary and other statutory
     offices.--
       (A) Secretary.--The position of the Secretary of the Navy
     is redesignated as the Secretary of the Navy and Marine
     Corps.
       (B) Other statutory offices.--The positions of the Under
     Secretary of the Navy, the four Assistant Secretaries of the
     Navy, and the General Counsel of the Department of the Navy
     are redesignated as the Under Secretary of the Navy and
     Marine Corps, the Assistant Secretaries of the Navy and
     Marine Corps, and the General Counsel of the Department of
     the Navy and Marine Corps, respectively.
       (b) Conforming Amendments to Title 10, United States
     Code.--
       (1) Definition of ``military department''.--Paragraph (8)
     of section 101(a) of title 10, United States Code, is amended
     to read as follows:
       ``(8) The term `military department' means the Department
     of the Army, the Department of the Navy and Marine Corps, and
     the Department of the Air Force.''.
       (2) Organization of department.--The text of section 5011
     of such title is amended to read as follows: ``The Department
     of the Navy and Marine Corps is separately organized under
     the Secretary of the Navy and Marine Corps.''.
       (3) Position of secretary.--Section 5013(a)(1) of such
     title is amended by striking ``There is a Secretary of the
     Navy'' and inserting ``There is a Secretary of the Navy and
     Marine Corps''.
       (4) Chapter headings.--
       (A) The heading of chapter 503 of such title is amended to
     read as follows:

       ``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.

       (B) The heading of chapter 507 of such title is amended to
     read as follows:

  ``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE
                                CORPS''.

       (5) Other amendments.--
       (A) Title 10, United States Code, is amended by striking
     ``Department of the Navy'' and ``Secretary of the Navy'' each
     place they appear other than as specified in paragraphs (1),
     (2), (3), and (4) (including in section headings, subsection
     captions, tables of chapters, and tables of sections) and
     inserting ``Department of the Navy and Marine Corps'' and
     ``Secretary of the Navy and Marine Corps'', respectively, in
     each case with the matter inserted to be in the same typeface
     and typestyle as the matter stricken.
       (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2),
     5032(a), and 5042(a) of such title are amended by striking
     ``Assistant Secretaries of the Navy'' and inserting
     ``Assistant Secretaries of the Navy and Marine Corps''.
       (ii) The heading of section 5016 of such title, and the
     item relating to such section in the table of sections at the
     beginning of chapter 503 of such title, are each amended by
     inserting ``and Marine Corps'' after ``of the Navy'', with
     the matter inserted in each case to be in the same typeface
     and typestyle as the matter amended.
       (c) Other Provisions of Law and Other References.--
       (1) Title 37, united states code.--Title 37, United States
     Code, is amended by striking ``Department of the Navy'' and
     ``Secretary of the Navy'' each place they appear and
     inserting ``Department of the Navy and Marine Corps'' and
     ``Secretary of the Navy and Marine Corps'', respectively.
       (2) Other references.--Any reference in any law other than
     in title 10 or title 37, United States Code, or in any
     regulation, document, record, or other paper of the United
     States, to the Department of the Navy shall be considered to
     be a reference to the Department of the Navy and Marine
     Corps. Any such reference to an office specified in
     subsection (b)(2) shall be considered to be a reference to
     that officer as redesignated by that section.
       (d) Effective Date.--This section and the amendments made
     by this section shall take effect on the first day of the
     first month beginning more than 60 days after the date of the
     enactment of this Act.

     SEC. 904. AUTHORITY TO ALLOW PRIVATE SECTOR CIVILIANS TO
                   RECEIVE INSTRUCTION AT DEFENSE CYBER
                   INVESTIGATIONS TRAINING ACADEMY OF THE DEFENSE
                   CYBER CRIME CENTER.

       (a) Admission of Private Sector Civilians.--Chapter 108 of
     title 10, United States Code, is amended by inserting after
     section 2167 the following new section:

     ``Sec. 2167a. Defense Cyber Investigations Training Academy:
       admission of private sector civilians to receive
       instruction

       ``(a) Authority for Admission.--The Secretary of Defense
     may permit eligible private sector employees to receive
     instruction at the Defense Cyber Investigations Training
     Academy operating under the direction of the Defense Cyber
     Crime Center. No more than the equivalent of 200 full-time
     student positions may be filled at any one time by private
     sector employees enrolled under this section, on a yearly
     basis. Upon successful completion of the course of
     instruction in which enrolled, any such private sector
     employee may be awarded an appropriate certification or
     diploma.
       ``(b) Eligible Private Sector Employees.--For purposes of
     this section, an eligible private sector employee is an
     individual employed by a private firm that is engaged in
     providing to the Department of Defense or other Government
     departments or agencies significant and substantial defense-
     related systems, products, or services, or whose work product
     is relevant to national security policy or strategy. A
     private sector employee remains eligible for such instruction
     only so long as that person remains employed by an eligible
     private sector firm.

[[Page H7294]]

       ``(c) Program Requirements.--The Secretary of Defense shall
     ensure that--
       ``(1) the curriculum in which private sector employees may
     be enrolled under this section is not readily available
     through other schools; and
       ``(2) the course offerings at the Defense Cyber
     Investigations Training Academy continue to be determined
     solely by the needs of the Department of Defense.
       ``(d) Tuition.--The Secretary of Defense shall charge
     private sector employees enrolled under this section tuition
     at a rate that is at least equal to the rate charged for
     employees of the United States. In determining tuition rates,
     the Secretary shall include overhead costs of the Defense
     Cyber Investigations Training Academy.
       ``(e) Standards of Conduct.--While receiving instruction at
     the Defense Cyber Investigations Training Academy, students
     enrolled under this section, to the extent practicable, are
     subject to the same regulations governing academic
     performance, attendance, norms of behavior, and enrollment as
     apply to Government civilian employees receiving instruction
     at the Academy.
       ``(f) Use of Funds.--Amounts received by the Defense Cyber
     Investigations Training Academy for instruction of students
     enrolled under this section shall be retained by the Academy
     to defray the costs of such instruction. The source, and the
     disposition, of such funds shall be specifically identified
     in records of the Academy.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such chapter is amended by inserting after the
     item relating to section 2167 the following new item:

``2167a. Defense Cyber Investigations Training Academy: admission of
              private sector civilians to receive instruction.''.

     SEC. 905. ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE
                   ASSISTANT SECRETARY OF DEFENSE FOR HEALTH
                   AFFAIRS AND THE TRICARE MANAGEMENT ACTIVITY.

       (a) Report Required.--Not later than 180 days after the
     date of the enactment of this Act, the Secretary of Defense
     shall submit to the congressional defense committees a report
     on the organizational structure of the Office of the
     Assistant Secretary of Defense for Health Affairs and the
     TRICARE Management Activity.
       (b) Elements.--The report required under subsection (a)
     shall include the following:
       (1) Organizational charts.--Organizational charts for both
     the Office of the Assistant Secretary of Defense for Health
     Affairs and the TRICARE Management Activity showing, at a
     minimum, the senior positions in such office and such
     activity.
       (2) Senior position descriptions.--A description of the
     policy-making functions and oversight responsibilities of
     each senior position in the Office of the Assistant Secretary
     of Defense for Health Affairs and the policy and program
     execution responsibilities of each senior position of the
     TRICARE Management Activity.
       (3) Positions filled by same individual.--A description of
     which positions in both organizations are filled by the same
     individual.
       (4) Assessment.--An assessment of whether the senior
     personnel of the Office of the Assistant Secretary of Defense
     for Health Affairs and the TRICARE Management Activity, as
     currently organized, are able to appropriately perform the
     discrete functions of policy formulation, policy and program
     execution, and program oversight.
       (c) Definitions.--In this section:
       (1) Senior position.--The term ``senior position'' means a
     position fill by a member of the senior executive service or
     a position on the Executive Schedule established pursuant to
     title 5, United States Code.
       (2) Senior personnel.--The term ``senior personnel'' means
     personnel who are members of the senior executive service or
     who fill a position listed on the Executive Schedule
     established pursuant to title 5, United States Code.

     SEC. 906. REQUIREMENT FOR DIRECTOR OF OPERATIONAL ENERGY
                   PLANS AND PROGRAMS TO REPORT DIRECTLY TO
                   SECRETARY OF DEFENSE.

       Paragraph (2) of section 139b(c) of title 10, United States
     Code, is amended to read as follows:
       ``(2) The Director shall report directly to the Secretary
     of Defense.''.

     SEC. 907. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER
                   INITIATIVE FUND.

       (a) Increase in Funding Limitations.--Subparagraph (A) of
     section 166a(e)(1) of title 10, United States Code, is
     amended--
       (1) by striking ``$10,000,000'' and inserting
     ``$20,000,000''; and
       (2) by striking ``$15,000'' and inserting ``the investment
     unit cost threshold in effect under section 2245a of this
     title''.
       (b) Coordination With Secretary of State.--Paragraph (6) of
     section 166a(b) of such title is amended by inserting after
     ``assistance,'' the following: ``in coordination with the
     Secretary of State,''.

     SEC. 908. REPEAL OF REQUIREMENT FOR A DEPUTY UNDER SECRETARY
                   OF DEFENSE FOR TECHNOLOGY SECURITY POLICY
                   WITHIN THE OFFICE OF THE UNDER SECRETARY OF
                   DEFENSE FOR POLICY.

       (a) Repeal of Requirement for Position.--
       (1) Repeal.--Section 134b of title 10, United States Code,
     is repealed.
       (2) Clerical amendment.--The table of sections at the
     beginning of chapter 4 of such title is amended by striking
     the item relating to section 134b.
       (b) Prior Notification of Change in Reporting Relationship
     for the Defense Technology Security Administration.--The
     Secretary of Defense shall ensure that no covered action is
     taken until the expiration of 30 legislative days after
     providing notification of such action to the Committees on
     Armed Services of the Senate and the House of
     Representatives.
       (c) Covered Action Defined.--In this section, the term
     ``covered action'' means--
       (1) the transfer of the Defense Technology Security
     Administration to an Under Secretary or other office of the
     Department of Defense other than the Under Secretary of
     Defense for Policy;
       (2) the consolidation of the Defense Technology Security
     Administration with another office, agency, or field activity
     of the Department of Defense; or
       (3) the addition of management layers between the Director
     of the Defense Technology Security Administration and the
     Under Secretary of Defense for Policy.

     SEC. 909. RECOMMENDATIONS TO CONGRESS BY MEMBERS OF JOINT
                   CHIEFS OF STAFF.

       Section 151(f) of title 10, United States Code, is
     amended--
       (1) by inserting ``(1)'' before ``After first''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The members of the Joint Chiefs of Staff,
     individually or collectively, in their capacity as military
     advisers, shall provide advice to Congress on a particular
     matter when Congress requests such advice.''.

                      Subtitle B--Space Activities

     SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE AND
                   TECHNOLOGY STRATEGY.

       (a) Strategy.--
       (1) Requirements.--Paragraph (2) of section 2272(a) of
     title 10, United States Code, is amended by adding at the end
     the following new subparagraph:
       ``(D) The process for transitioning space science and
     technology programs to new or existing space acquisition
     programs.''.
       (2) Submission to congress.--Paragraph (5) of such section
     is amended to read as follows:
       ``(5) The Secretary of Defense shall annually submit the
     strategy developed under paragraph (1) to the congressional
     defense committees on the date on which the President submits
     to Congress the budget for the next fiscal year under section
     1105 of title 31, United States Code.''.
       (b) Government Accountability Office Review of Strategy.--
       (1) Review.--The Comptroller General shall review and
     assess the first space science and technology strategy
     submitted under paragraph (5) of section 2272(a) of title 10,
     United States Code, as amended by subsection (a)(2) of this
     section, and the effectiveness of the coordination process
     required under section 2272(b) of such title.
       (2) Report.--Not later than 90 days after the date on which
     the Secretary of Defense submits the first space science and
     technology strategy required to be submitted under paragraph
     (5) of section 2272(a) of title 10, United States Code, as
     amended by subsection (a)(2) of this section, the Comptroller
     General shall submit to the congressional defense committees
     a report containing the findings and assessment under
     paragraph (1).

     SEC. 912. CONVERTING THE SPACE SURVEILLANCE NETWORK PILOT
                   PROGRAM TO A PERMANENT PROGRAM.

       Section 2274 of title 10, United States Code, is amended--
       (1) in the heading, by striking ``pilot'';
       (2) in subsection (a)--
       (A) in the heading, by striking ``Pilot''; and
       (B) by striking ``a pilot program to determine the
     feasibility and desirability of providing'' and inserting ``a
     program to provide'';
       (3) in subsection (b) in the matter preceding paragraph
     (1), by striking ``such a pilot program'' and inserting ``the
     program'';
       (4) in subsection (c) in the matter preceding paragraph
     (1), by striking ``pilot'';
       (5) in subsection (d) in the matter preceding paragraph
     (1), by striking ``pilot'';
       (6) in subsection (h), by striking ``pilot''; and
       (7) by striking subsection (i).

                Subtitle C--Intelligence-Related Matters

     SEC. 921. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE
                   INTELLIGENCE ANALYSIS.

       (a) Assessment and Plan.--The Secretary of Defense, in
     consultation with the Director of National Intelligence,
     shall--
       (1) conduct an assessment of foreign ballistic missile
     intelligence gaps and shortfalls; and
       (2) develop a plan to ensure that the appropriate
     intelligence centers have sufficient analytical capabilities
     to address such gaps and shortfalls.
       (b) Report.--Not later than February 28, 2010, the
     Secretary of Defense shall submit to the congressional
     defense committees, the Permanent Select Committee on
     Intelligence of the House of Representatives, and the Select
     Committee on Intelligence of the Senate a report containing--
       (1) the results of the assessment conducted under
     subsection (a)(1);
       (2) the plan developed under subsection (a)(2); and
       (3) a description of the resources required to implement
     such plan.
       (c) Form.--The report under subsection (b) shall be
     submitted in unclassified form, but may contain a classified
     annex.

                       Subtitle D--Other Matters

     SEC. 931. JOINT PROGRAM OFFICE FOR CYBER OPERATIONS
                   CAPABILITIES.

       (a) Establishment.--Not later than 180 days after the date
     of the enactment of this Act, the Secretary of Defense shall
     establish a Joint Program Office for Cyber Operations
     Capabilities to assist the Under Secretary of Defense for
     Acquisition, Technology, and Logistics in improving the
     development of specific leap-ahead capabilities, including
     manpower development, tactics, and technologies, for the
     military departments, the Defense Agencies, and the combatant
     commands.

[[Page H7295]]

       (b) Director.--The Joint Program Office for Cyber
     Operations Capabilities (in this section referred to as the
     ``JPO-COC'') shall be headed by a Director, who shall be
     appointed by the Secretary of Defense, in consultation with
     the Under Secretary of Defense for Acquisition, Technology,
     and Logistics, the Assistant Secretary of Defense for
     Networks and Information Integration, the Under Secretary of
     Defense for Intelligence, and the commander of United States
     Strategic Command. The Director shall be selected from among
     individuals with significant technical and management
     expertise in information technology system development, and
     shall serve for three years.
       (c) Supervision.--The Director shall report directly to the
     Under Secretary of Defense for Acquisition, Technology, and
     Logistics. The Assistant Secretary of Defense for Networks
     and Information Integration may provide policy guidance to
     the Director on issues within the Director's areas of
     responsibilities.
       (d) Responsibilities.--The JPO-COC shall be responsible for
     the following:
       (1) Coordinating cyber operations capabilities, both
     offensive and defensive, between the military departments,
     Defense Agencies, and combatant commands in order to identify
     and prioritize joint capability gaps.
       (2) Developing advanced, leap-ahead capabilities to address
     joint capability gaps.
       (3) Establishing a nation level, joint, interagency cyber
     exercise, similar to the exercise known as Eligible Receiver,
     that would occur at least biennially, and, to the extent
     possible, that would include participants from industry,
     critical infrastructure sector providers, international
     militaries, and non-governmental organizations.
       (4) Such other responsibilities as the Under Secretary
     determines are appropriate.
       (e) Annual Report.--By March 1 of each year, beginning
     March 1, 2010, the Secretary of Defense shall submit to the
     congressional defense committees a report on all of the
     activities of the JPO-COC during the preceding year.

     SEC. 932. DEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM
                   TRANSITION COUNCIL.

       (a) In General.--The Secretary of Defense shall establish a
     Defense Integrated Military Human Resources System Transition
     Council (in this section referred to as the ``Council'') to
     provide advice to the Secretary of Defense and the
     Secretaries of the military departments on implementing the
     defense integrated military human resources system (in this
     section referred to as the ``DIMHRS'') throughout the
     Department of Defense, including within each military
     department.
       (b) Composition.--The Council shall include the following
     members:
       (1) The Chief Management Officer of the Department of
     Defense.
       (2) The Director of the Business Transformation Agency.
       (3) One representative from each of the Army, Navy, Air
     Force, and Marine Corps who is a lieutenant general or vice
     admiral.
       (4) One civilian employee of the National Guard Bureau who
     occupies a position of responsibility and receives
     compensation comparable to a lieutenant general or vice
     admiral.
       (5) Such other individuals as may be designated by the
     Secretary of Defense.
       (c) Meetings.--The Council shall meet not less than once a
     quarter, or more often as specified by the Secretary of
     Defense.
       (d) Duties.--The Council shall have the following
     responsibilities:
       (1) Resolution of significant policy, programmatic, or
     budgetary issues impeding transition of DIMHRS to the
     military departments.
       (2) Coordination of implementation of DIMHRS within each
     military department to ensure interoperability between and
     among the Department of Defense as a whole and each military
     department.
       (3) Such other responsibilities as the Secretary of Defense
     determines are appropriate.
       (e) Annual Report.--
       (1) In general.--By March 1 of each year, beginning March
     1, 2010, and ending March 1, 2014, the Council shall submit
     to the congressional defense committees an annual report on
     the progress of DIMHRS transition.
       (2) The report shall include descriptions of the following:
       (A) The status of implementation of DIMHRS among the
     military departments.
       (B) A description of the testing and evaluation activities
     of DIMHRS as implemented throughout the Department of
     Defense, as well as any such activities developed by the
     military departments to extend DIMHRS to the departments.
       (C) Plans for the decommissioning of human resources
     systems within the Department of Defense and military
     department that are being replaced by DIMHRS, including--
       (i) systems to be phased out; and
       (ii) plans for the remaining legacy systems to be phased
     out.
       (D) Funding and resources from the military departments
     devoted to the development of department-specific plans to
     augment and extend the DIMHRS within each department.

     SEC. 933. DEPARTMENT OF DEFENSE SCHOOL OF NURSING REVISIONS.

       (a) School of Nursing.--
       (1) In general.--Chapter 108 of title 10, United States
     Code, is amended by adding at the end the following new
     section:

     ``Sec. 2169. School of Nursing

       ``(a) Establishment.--The Secretary of Defense shall
     establish within the Department of Defense a School of
     Nursing, not later than July 1, 2011. It shall be so
     organized as to graduate not less than 25 students with a
     bachelor of science in nursing in the first class not later
     than June 30, 2013, not less than 50 in the second class, and
     not less than 100 annually thereafter.
       ``(b) Minimum Requirement.--The School of Nursing shall
     include, at a minimum, a program that awards a bachelor of
     science in nursing.
       ``(c) Phased Development.--The development of the School of
     Nursing may be by such phases as the Secretary may prescribe,
     subject to the requirements of subsection (a).''.
       (2) Clerical amendment.--The table of sections at the
     beginning of such chapter is amended by adding at the end the
     following new item:

``2169. School of Nursing.''.

       (b) Conforming Amendments.--Section 2117 of title 10,
     United States Code, and the item relating to such section in
     the table of chapters at the beginning of chapter 104 of such
     title, are repealed.

     SEC. 934. REPORT ON SPECIAL OPERATIONS COMMAND ORGANIZATION,
                   MANNING, AND MANAGEMENT.

       (a) Report Required.--The commander of the special
     operations command shall prepare a report, in accordance with
     this section, on the organization, manning, and management of
     the command.
       (b) Elements.--The report required by subsection (a) shall
     include the following:
       (1) A comparison of current and projected fiscal year 2010
     military and civilian end strength levels at special
     operations command headquarters with fiscal year 2000 levels,
     both actual and authorized.
       (2) A comparison of fiscal year 2000 through 2010 special
     operations command headquarters end strength growth with the
     growth of each special operations forces component command
     headquarters over the same time period, both actual and
     authorized.
       (3) A summary and assessment that identifies the
     resourcing, in terms of manning, training, equipping, and
     funding, that special operations command provides to each of
     the theater special operations commands under the
     geographical combatant commands and a summary of personnel
     specialties assigned to each such command.
       (4) Options and recommendations for reducing staffing
     levels at special operations command headquarters by 5 and 10
     percent, respectively, and an assessment of the opportunity
     costs and management risks associated with each option.
       (5) Recommendations for increasing manning levels, if
     appropriate, at each component command, and especially at
     Army special operations command.
       (6) A plan to sustain the cultural engagement group of
     special operations command central.
       (7) An assessment of the resourcing requirements to
     establish capability similar to the cultural engagement group
     capability at the other theater special operations command
     locations.
       (8) A review and assessment for improving the relationship
     between special operations command and each of the theater
     special operations commands under the geographical combatant
     commands and the establishment of a more direct
     administrative and collaborative link between them.
       (9) A review and assessment of existing Department of
     Defense executive agent support to special operations command
     and its subordinate components, as well as commentary about
     proposals to use the same executive agent throughout the
     special operations community.
       (10) An updated assessment on the specific proposal to
     provide executive agent support from the Defense Logistics
     Agency for special operations command.
       (11) A recommendation and plan for including international
     development and conflict prevention representatives as
     participants in the Center for Special Operations Interagency
     Task Force process.
       (c) Report.--The report required by subsection (a) shall be
     submitted not later than March 15, 2010, to the congressional
     defense committees.

     SEC. 935. STUDY ON THE RECRUITMENT, RETENTION, AND CAREER
                   PROGRESSION OF UNIFORMED AND CIVILIAN MILITARY
                   CYBER OPERATIONS PERSONNEL.

       (a) Report.--Not later than one year after the date of the
     enactment of this Act, the Secretary of Defense shall submit
     to the congressional defense committees a report assessing
     the challenges to retention and professional development of
     cyber operations personnel within the Department of Defense.
       (b) Matters to Be Addressed.--The assessment by the
     Secretary of Defense shall address the following matters:
       (1) The sufficiency of the numbers and types of personnel
     available for cyber operations, including an assessment of
     the balance between military and civilian positions.
       (2) The definition and coherence of career fields for both
     members of the Armed Forces and civilian employees of the
     Department of Defense.
       (3) The types of recruitment and retention incentives
     available to members of the Armed Forces and civilian
     employees of the Department of Defense.
       (4) Identification of legal, policy, or administrative
     impediments to attracting and retaining cyber operations
     personnel.
       (5) The standards used by the Department of Defense to
     measure effectiveness at recruiting, retaining, and ensuring
     an adequate career progression for cyber operations
     personnel.
       (6) The effectiveness of educational and outreach
     activities used to attract, retain, and reward cyber
     operations personnel, including how to expand outreach to
     academic institutions and improve coordination with other
     civilian agencies and industrial partners.
       (7) The management of educational and outreach activities
     used to attract, retain, and reward cyber operations
     personnel, such as the National Centers of Academic
     Excellence in Information Assurance Education.

[[Page H7296]]

       (c) Cyber Operations Personnel Defined.--In this section,
     the term ``cyber operations personnel'' refers to members of
     the Armed Forces and civilian employees of the Department of
     Defense involved with the operations and maintenance of a
     computer network connected to the global information grid, as
     well as offensive, defensive, and exploitation functions of
     such a network.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Incorporation of funding decisions into law.

       Subtitle B--Counter-Drug and Counter-Terrorism Activities

Sec. 1011. One-year extension of Department of Defense counter-drug
              authorities and requirements.
Sec. 1012. Joint task forces support to law enforcement agencies
              conducting counter-terrorism activities.
Sec. 1013. Border coordination centers in Afghanistan and Pakistan.
Sec. 1014. Comptroller General report on effectiveness of
              accountability measures for assistance from counter-
              narcotics central transfer account.

         Subtitle C--Miscellaneous Authorities and Limitations

Sec. 1021. Operational procedures for experimental military prototypes.
Sec. 1022. Temporary reduction in minimum number of operational
              aircraft carriers.
Sec. 1023. Limitation on use of funds for the transfer or release of
              individuals detained at United States Naval Station,
              Guantanamo Bay, Cuba.
Sec. 1024. Charter for the National Reconnaissance Office.

                    Subtitle D--Studies and Reports

Sec. 1031. Report on statutory compliance of the report on the 2009
              quadrennial defense review.
Sec. 1032. Report on the force structure findings of the 2009
              quadrennial defense review.
Sec. 1033. Sense of Congress and amendment relating to quadrennial
              defense review.
Sec. 1034. Strategic review of basing plans for United States European
              Command.
Sec. 1035. National Defense Panel.
Sec. 1036. Report required on notification of detainees of rights under
              Miranda v. Arizona.
Sec. 1037. Annual report on the electronic warfare strategy of the
              Department of Defense.
Sec. 1038. Studies to analyze alternative models for acquisition and
              funding of technologies supporting network-centric
              operations.

                       Subtitle E--Other Matters

Sec. 1041. Prohibition relating to propaganda.
Sec. 1042. Extension of certain authority for making rewards for
              combating terrorism.
Sec. 1043. Technical and clerical amendments.
Sec. 1044. Repeal of pilot program on commercial fee-for-service air
              refueling support for the Air Force.
Sec. 1045. Extension of sunset for congressional commission on the
              strategic posture of the United States.
Sec. 1046. Authorization of appropriations for payments to Portuguese
              nationals employed by the Department of Defense.
Sec. 1047. Combat air forces restructuring.
Sec. 1048. Sense of Congress honoring the Honorable Ellen O. Tauscher.
Sec. 1049. Sense of Congress concerning the disposition of Submarine
              NR-1.
Sec. 1050. Compliance with requirement for plan on the disposition of
              detainees at Naval Station, Guantanamo Bay, Cuba.
Sec. 1051. Sense of Congress regarding carrier air wing force
              structure.
Sec. 1052. Sense of Congress on Department of Defense financial
              improvement and audit readiness; plan.
Sec. 1053. Justice for victims of torture and terrorism.
Sec. 1054. Repeal of certain laws pertaining to the Joint Committee for
              the Review of Counterproliferation Programs of the United
              States.

                     Subtitle A--Financial Matters

     SEC. 1001. GENERAL TRANSFER AUTHORITY.

       (a) Authority To Transfer Authorizations.--
       (1) Authority.--Upon determination by the Secretary of
     Defense that such action is necessary in the national
     interest, the Secretary may transfer amounts of
     authorizations made available to the Department of Defense in
     this division for fiscal year 2010 between any such
     authorizations for that fiscal year (or any subdivisions
     thereof). Amounts of authorizations so transferred shall be
     merged with and be available for the same purposes as the
     authorization to which transferred.
       (2) Limitations.--Except as provided in paragraphs (3) and
     (4), the total amount of authorizations that the Secretary
     may transfer under the authority of this section may not
     exceed $5,000,000,000.
       (3) Exception for transfers between military personnel
     authorizations.--A transfer of funds between military
     personnel authorizations under title IV shall not be counted
     toward the dollar limitation in paragraph (2).
       (4) Exception for transfers for health information
     management and information technology systems.--A transfer of
     funds from the Office of the Secretary of Defense for the
     support of the Department of Defense Health Information
     Management and Information Technology systems shall not be
     counted toward the dollar limitation in paragraph (2).
       (b) Limitations.--The authority provided by this section to
     transfer authorizations--
       (1) may only be used to provide authority for items that
     have a higher priority than the items from which authority is
     transferred; and
       (2) may not be used to provide authority for an item that
     has been denied authorization by Congress.
       (c) Effect on Authorization Amounts.--A transfer made from
     one account to another under the authority of this section
     shall be deemed to increase the amount authorized for the
     account to which the amount is transferred by an amount equal
     to the amount transferred.
       (d) Notice to Congress.--The Secretary shall promptly
     notify Congress of each transfer made under subsection (a).

     SEC. 1002. INCORPORATION OF FUNDING DECISIONS INTO LAW.

       (a) Amounts Specified in Committee Report Are Authorized by
     Law.--Wherever a funding table in the report of the Committee
     on Armed Services of the House of Representatives to
     accompany the bill H.R. 2647 of the 111th Congress specifies
     a dollar amount for a project, program, or activity, the
     obligation and expenditure of the specified dollar amount for
     the indicated project, program, or activity is hereby
     authorized by law to be carried out to the same extent as if
     included in the text of this Act, subject to the availability
     of appropriations.
       (b) Merit-Based Decisions.--Decisions by agency heads to
     commit, obligate, or expend funds with or to a specific
     entity on the basis of dollar amount authorized pursuant to
     subsection (a) shall be based on authorized, transparent,
     statutory criteria, or merit-based selection procedures in
     accordance with the requirements of sections 2304(k) and 2374
     of title 10, United States Code, and other applicable
     provisions of law.
       (c) Relationship to Transfer and Reprogramming Authority.--
     This section does not prevent an amount covered by this
     section from being transferred or reprogrammed under a
     transfer or reprogramming authority provided by another
     provision of this Act or by other law. The transfer or
     reprogramming of an amount incorporated into the Act by this
     section shall not count against a ceiling on such transfers
     or reprogrammings under section 1001 of this Act or any other
     provision of law, unless such transfer or reprogramming would
     move funds between appropriation accounts.
       (d) Applicability to Classified Annex.--This section
     applies to any classified annex to the report referred to in
     subsection (a).
       (e) Oral and Written Communication.--No oral or written
     communication concerning any amount specified in the report
     referred to in subsection (a) shall supersede the
     requirements of this section.

       Subtitle B--Counter-Drug and Counter-Terrorism Activities

     SEC. 1011. ONE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE
                   COUNTER-DRUG AUTHORITIES AND REQUIREMENTS.

       (a) Reporting Requirement on Expenditures to Support
     Foreign Counter-Drug Activities.--Section 1022(a) of the
     Floyd D. Spence National Defense Authorization Act for Fiscal
     Year 2001 (as enacted into law by Public Law 106-398; 114
     Stat. 1654A-255), as most recently amended by section 1021 of
     the Duncan Hunter National Defense Authorization Act for
     Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4586), is
     further amended by striking ``April 15, 2006'' and all that
     follows through ``February 15, 2009'' and inserting
     ``February 15, 2010''.
       (b) Unified Counter-Drug and Counterterrorism Campaign in
     Colombia.--Section 1021 of the Ronald W. Reagan National
     Defense Authorization Act for Fiscal Year 2005 (Public Law
     108-375; 118 Stat. 2042), as most recently amended by section
     1023 of the Duncan Hunter National Defense Authorization Act
     for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4586), is
     further amended--
       (1) in subsection (a), by striking ``2009'' and inserting
     ``2010''; and
       (2) in subsection (c), by striking ``2009'' and inserting
     ``2010''.
       (c) Support for Counter-Drug Activities of Certain Foreign
     Governments.--Section 1033(a)(2) of the National Defense
     Authorization Act for Fiscal Year 1998 (Public Law 105-85;
     111 Stat. 1881), as most recently amended by section 1024(a)
     of the Duncan Hunter National Defense Authorization Act for
     Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4587), is
     further amended by striking ``2009'' and inserting ``2010''.

     SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT
                   AGENCIES CONDUCTING COUNTER-TERRORISM
                   ACTIVITIES.

       Section 1022(b) of the National Defense Authorization Act
     for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371
     note), as most recently amended by section 1022 of the Duncan
     Hunter National Defense Authorization Act for Fiscal Year
     2009 (Public Law 110-417; 122 Stat. 4586), is further amended
     by striking ``2009'' and inserting ``2010''.

     SEC. 1013. BORDER COORDINATION CENTERS IN AFGHANISTAN AND
                   PAKISTAN.

       (a) Prohibition on Use of Counter-Narcotic Assistance for
     Border Coordination Centers.--
       (1) Prohibition.--Amounts available for drug interdiction
     and counter-drug activities of the Department of Defense may
     not be expended for the construction, expansion, repair, or
     operation and maintenance of any existing or proposed border
     coordination center.

[[Page H7297]]

       (2) Rule of construction.--Paragraph (1) does not prohibit
     or limit the use of other funds available to the Department
     of Defense to construct, expand, repair, or operate and
     maintain border coordination centers.
       (b) Limitation on Establishment of Additional Centers.--The
     Secretary of Defense may not authorize the establishment, or
     any construction in connection with the establishment, of a
     third border coordination center in the area of operations of
     Regional Command-East in the Islamic Republic of Afghanistan
     until a border coordination center has been constructed, or
     is under construction, in either--
       (1) the area of operations of Regional Command-South in the
     Islamic Republic of Afghanistan; or
       (2) Baluchistan in the Islamic Republic of Pakistan.
       (c) Border Coordination Center Defined.--In this section,
     the term ``border coordination center'' means multilateral
     military coordination and intelligence center that is
     located, or intended to be located, near the border between
     the Islamic Republic of Afghanistan and the Islamic Republic
     of Pakistan.

     SEC. 1014. COMPTROLLER GENERAL REPORT ON EFFECTIVENESS OF
                   ACCOUNTABILITY MEASURES FOR ASSISTANCE FROM
                   COUNTER-NARCOTICS CENTRAL TRANSFER ACCOUNT.

       (a) Report Required.--Not later than 180 days after the
     date of the enactment of this Act, the Comptroller General
     shall submit to the congressional defense committees a report
     on the performance evaluation system used by the Secretary of
     Defense to assess the effectiveness of assistance provided
     for foreign nations to achieve the counter-narcotics
     objectives of the Department of Defense. The report shall be
     unclassified, but may contain a classified annex.
       (b) Elements.--The report required by subsection (a) shall
     contain the following:
       (1) A description of the performance evaluation system of
     the Department of Defense used to determine the efficiency
     and effectiveness of counter-narcotics assistance provided by
     the Department of Defense to foreign nations.
       (2) An assessment of the ability of the performance
     evaluation system to accurately measure the efficiency and
     effectiveness of such counter-narcotics assistance.
       (3) Detailed recommendations on how to improve the capacity
     of the performance evaluation system for the counter-
     narcotics central transfer account.

         Subtitle C--Miscellaneous Authorities and Limitations

     SEC. 1021. OPERATIONAL PROCEDURES FOR EXPERIMENTAL MILITARY
                   PROTOTYPES.

       (a) In General.--For the purposes of conducting test and
     evaluation of experimental military prototypes, including
     major systems, as defined in section 2302 of title 10, United
     States Code, that have been substantially modified for
     testing with the goal of developing new technology for
     increasing the capability, capacity, efficiency, or
     reliability of such systems, and for stimulating innovation
     in research and development to improve equipment or system
     capability, the senior military officer of each military
     service, in consultation with the senior acquisition
     executive of each military department, shall develop and
     prescribe guidance to enable an expedited process for the
     documentation and approval of deviations from standardized
     operating instructions and procedures for systems and
     equipment that have been substantially modified for the
     purpose of research, development, or testing. The guidance
     shall--
       (1) provide for appropriate consideration of the safety of
     personnel conducting such tests and evaluations;
       (2) ensure that, prior to the approval of any such
     deviation, sufficient engineering and risk management
     analysis has been completed by a competent technical
     authority to provide a reasonable basis for determining that
     the proposed deviation will not result in an unreasonable
     risk of liability to the United States;
       (3) provide full and fair opportunity for all contractors,
     including non-traditional defense contractors, who have
     developed or proposed promising technologies, to test and
     evaluate experimental military prototypes in a manner that--
       (A) allows both the contractor and the military service to
     assess the full potential of the technology prior to the
     establishment of a formal acquisition program; and
       (B) does not unduly restrict the operating envelope,
     environment, or conditions approved for use during test and
     evaluation on the basis of existing operating instructions
     and procedures developed for sustained operations of proven
     military hardware, but does ensure that deviations from
     existing operating instructions and procedures have been
     subjected to appropriate technical review consistent with any
     modifications made to the system or equipment; and
       (4) ensure that documentation and approval of such
     deviations--
       (A) can be accomplished in a transparent, cost-effective,
     and expeditious manner, generally within the period of
     performance of the contract for the development of the
     experimental military prototype;
       (B) address the use of a major system as an experimental
     military prototype by a contractor, and the conduct of test
     and evaluation of such system by the contractor; and
       (C) identify the scope of test and evaluation to be
     conducted under such deviation, the responsibilities of the
     parties conducting the test and evaluation, including the
     assumption of liability, and the responsibility for disposal
     of the experimental military prototype or, as appropriate,
     the return of a major system to its original condition.
       (b) Report.--Not later than 12 months after the date of the
     enactment of this Act, the Secretary of each military
     department shall submit to the congressional defense
     committees a report documenting the guidance developed in
     accordance with subsection (a) and describing how such
     guidance fulfills the objectives under paragraphs (1) through
     (4) of such subsection.
       (c) One Time Authority to Convey.--
       (1) In general.--In advance of the development of a process
     required by subsection (a), the Secretary of the Navy is
     authorized to convey, without consideration, to Piasecki
     Aircraft Corporation of Essington, Pennsylvania (in this
     section referred to as ``transferee''), all right, title, and
     interest of the United States, except as otherwise provided
     in this subsection, in and to Navy aircraft N40VT (Bureau
     Number 163283), also known as the X-49A aircraft, and
     associated components and test equipment, previously
     specified as Government furnished equipment in contract
     N00019-00-C-0284. The conveyance shall be made by means of a
     deed of gift
       (2) Conditions.--The conveyance under paragraph (1) may
     only be made under the following conditions:
       (A) The aircraft shall be conveyed in its current, ``as
     is'' condition.
       (B) The Secretary is not required to repair or alter the
     condition of the aircraft before conveying ownership of the
     aircraft.
       (C) The conveyance shall be made at no cost to the United
     States. Any costs associated with the conveyance shall be
     borne by the transferee.
       (D) 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, except that such terms and
     conditions shall include, at a minimum--
       (i) a provision stipulating that the conveyance of the X-
     49A aircraft is for the sole purpose of further development,
     test, and evaluation of vectored thrust ducted propeller
     (VTDP) technology and that all items referenced in paragraph
     (1) will transfer back to the United States Navy, at no cost
     to the United States, in the event that the X-49A aircraft is
     utilized for any other purpose; and
       (ii) a provision providing the Government the right to
     procure the vectored thrust ducted propeller (VTDP)
     technology demonstrated under this program at a discounted
     cost based on the value of the X-49A aircraft and associated
     equipment at the time of transfer, with such valuation and
     terms determined by the Secretary.
       (E) Upon such conveyance, the United States shall not be
     liable for any death, injury, loss, or damage that results
     from the use of that aircraft by any person other than the
     United States.

     SEC. 1022. TEMPORARY REDUCTION IN MINIMUM NUMBER OF
                   OPERATIONAL AIRCRAFT CARRIERS.

       (a) Temporary Waiver.--Notwithstanding section 5062(b) of
     title 10, United States Code, during the period beginning on
     the date of the inactivation of the U.S.S. Enterprise (CVN-
     65) scheduled, as of the date of the enactment of this Act,
     for fiscal year 2013 and ending on the date of the
     commissioning into active service of the U.S.S. Gerald R.
     Ford (CVN-78), the number of operational aircraft carriers in
     the naval combat forces of the Navy may be 10.
       (b) Evaluation and Report.--
       (1) Evaluation.--During the fiscal year 2012, the Chairman
     of the Joint Chiefs of Staff, in coordination with the
     commanders of the combatant commands, shall evaluate the
     required postures and capabilities of each of the combatant
     commands to assess the level of increased risk that could
     result due to a temporary reduction in the total number of
     operational aircraft carriers following the inactivation of
     the U.S.S. Enterprise (CVN-65).
       (2) Report to congress.--Together with the budget materials
     submitted to Congress by the Secretary of Defense in support
     of the President's budget for fiscal year 2013, the Secretary
     of Defense shall submit to the congressional defense
     committees a report containing the findings of the evaluation
     conducted pursuant to paragraph (1), and the basis for each
     such finding.

     SEC. 1023. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR
                   RELEASE OF INDIVIDUALS DETAINED AT UNITED
                   STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

       (a) In General.--The Secretary of Defense may not use any
     of the amounts authorized to be appropriated in this Act or
     otherwise available to the Department of Defense for fiscal
     year 2010 or any subsequent fiscal year to release or
     transfer any individual described in subsection (d) to the
     United States, its territories, or possessions, until 120
     days after the President has submitted to the congressional
     defense committees the plan described in subsection (b).
       (b) Plan Required.--The President shall submit to the
     congressional defense committees a plan on the disposition of
     each individual described in subsection (d). Such plan shall
     include--
       (1) an assessment of the risk that the individual described
     in subsection (d) poses to the national security of the
     United States, its territories, or possessions;
       (2) a proposal for the disposition of each such individual;
       (3) a plan to mitigate any risks described in paragraph (1)
     should the proposed disposition required by paragraph (2)
     include the release or transfer to the United States, its
     territories, or possessions of any such individual; and
       (4) a summary of the consultation required in subsection
     (c).
       (c) Consultation Required.--The President shall consult
     with the chief executive of the State, the District of
     Columbia, or the territory or possession of the United States
     to which the disposition in subsection (b) includes a release
     or transfer to that State, District of Columbia, or territory
     or possession.

[[Page H7298]]

       (d) Detainees Described.--An individual described in this
     subsection is any individual who is located at United States
     Naval Station, Guantanamo Bay, Cuba, as of the date of the
     enactment of this Act, who--
       (1) is not a citizen of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the
     Department of Defense, or
       (B) otherwise under detention at the United States Naval
     Station, Guantanamo Bay, Cuba.

     SEC. 1024. CHARTER FOR THE NATIONAL RECONNAISSANCE OFFICE.

       Not later than 90 days after the date of the enactment of
     this Act, the Director of National Intelligence and the
     Secretary of Defense shall jointly submit to the
     congressional intelligence and defense committees a revised
     charter for the National Reconnaissance Office (hereinafter
     in this section referred to as the ``NRO''). The charter
     shall include the following:
       (1) The organizational and governance structure of the NRO.
       (2) The provision of NRO participation in the development
     and generation of requirements and acquisition.
       (3) The scope of the capabilities of the NRO.
       (4) The roles and responsibilities of the NRO and the
     relationship of the NRO to other organizations and agencies
     in the intelligence and defense communities.

                    Subtitle D--Studies and Reports

     SEC. 1031. REPORT ON STATUTORY COMPLIANCE OF THE REPORT ON
                   THE 2009 QUADRENNIAL DEFENSE REVIEW.

       (a) Comptroller General Report.--Not later than 90 days
     after the Secretary of Defense releases the report on the
     2009 quadrennial defense review, the Comptroller General
     shall submit to the congressional defense committees and to
     the Secretary of Defense a report on the degree to which the
     report on the 2009 quadrennial defense review complies with
     the requirements of subsection (d) of section 118 of title
     10, United States Code.
       (b) Secretary of Defense Report.--If the Comptroller
     General determines that the report on the 2009 quadrennial
     defense review deviates significantly from the requirements
     of subsection (d) of section 118 of such title, the Secretary
     of Defense shall submit to the congressional defense
     committees a report addressing the areas of deviation not
     later than 30 days after the submission of the report by the
     Comptroller General required by paragraph (1).

     SEC. 1032. REPORT ON THE FORCE STRUCTURE FINDINGS OF THE 2009
                   QUADRENNIAL DEFENSE REVIEW.

       (a) Report Requirement.--Concurrent with the delivery of
     the report on the 2009 quadrennial defense review required by
     section 118 of title 10, United States Code, the Secretary of
     Defense shall submit to the congressional defense committees
     a report with a classified annex containing--
       (1) the analyses used to determine and support the findings
     on force structure required by such section; and
       (2) a description of any changes from the previous
     quadrennial defense review to the minimum military
     requirements for major military capabilities.
       (b) Major Military Capabilities Defined.--In this section,
     the term ``major military capabilities'' includes any
     capability the Secretary determines to be a major military
     capability, any capability discussed in the report of the
     2006 quadrennial defense review, and any capability described
     in paragraph (9) or (10) of section 118(d) of title 10,
     United States Code.

     SEC. 1033. SENSE OF CONGRESS AND AMENDMENT RELATING TO
                   QUADRENNIAL DEFENSE REVIEW.

       (a) Sense of Congress.--It is the sense of Congress that
     the quadrennial defense review is a strategy process that
     necessarily produces budget plans; however, budget pressures
     should not determine or limit its outcomes.
       (b) Relationship of QDR to Budget.--Section 118(a) of title
     10, United States Code, is amended--
       (1) by inserting ``(1)'' before ``The Secretary of
     Defense''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The existence of the quadrennial defense review does
     not exempt the President or the Department of Defense from
     fulfilling its annual legal obligations to submit to Congress
     a budget and all legally required supporting
     documentation.''.

     SEC. 1034. STRATEGIC REVIEW OF BASING PLANS FOR UNITED STATES
                   EUROPEAN COMMAND.

       (a) Report Requirement.--Concurrent with the delivery of
     the report on the 2009 quadrennial defense review required by
     section 118 of title 10, United States Code, the Secretary of
     Defense shall submit to the appropriate congressional
     committees a report on the plan for basing of forces in the
     European theater, containing a description of--
       (1) how the plan supports the United States national
     security strategy;
       (2) how the plan satisfies the commitments undertaken by
     the United States pursuant to Article 5 of the North Atlantic
     Treaty, signed at Washington, District of Columbia, on April
     4, 1949, and entered into force on August 24, 1949 (63 Stat.
     2241; TIAS 1964);
       (3) how the plan addresses the current security environment
     in Europe, including United States participation in theater
     cooperation activities;
       (4) how the plan contributes to peace and stability in
     Europe; and
       (5) the impact that a permanent change in the basing of a
     unit currently assigned to United States European Command
     would have on the matters described in paragraphs (1) through
     (4).
       (b) Notification Requirement.--The Secretary of Defense
     shall notify Congress at least 30 days before the permanent
     relocation of a unit stationed outside the continental United
     States as of the date of the enactment of this Act.
       (c) Definitions.--In this section:
       (1) Unit.--The term ``unit'' has the meaning determined by
     the Secretary of Defense for purposes of this section.
       (2) Appropriate congressional committees.--The term
     ``appropriate congressional committees'' means--
       (A) the congressional defense committees;
       (B) the Committee on Foreign Relations of the Senate and
     the Committee on Foreign Affairs of the House of
     Representatives; and
       (C) the Select Committee on Intelligence of the Senate and
     the Permanent Select Committee on Intelligence of the House
     of Representatives.

     SEC. 1035. NATIONAL DEFENSE PANEL.

       (a) Establishment.--There is established a bipartisan,
     independent panel to be known as the National Defense Panel
     (in this section referred to as the ``Panel''). The Panel
     shall have the duties set forth in this section.
       (b) Membership.--The Panel shall be composed of twelve
     members who are recognized experts in matters relating to the
     national security of the United States. The members shall be
     appointed as follows:
       (1) Three by the chairman of the Committee on Armed
     Services of the House of Representatives.
       (2) Three by the chairman of the Committee on Armed
     Services of the Senate.
       (3) Two by the ranking member of the Committee on Armed
     Services of the House of Representatives.
       (4) Two by the ranking member of the Committee on Armed
     Services of the Senate.
       (5) Two by the Secretary of Defense.
       (c) Co-Chairs of the Panel.--The chairman of the Committee
     on Armed Services of the House of Representatives and the
     chairman of the Committee of Armed Services of the Senate
     shall each designate one of their appointees under subsection
     (b) to serve as co-chair of the panel.
       (d) 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.
       (e) Duties.--The Panel shall--
       (1) review the national defense strategy, the national
     military strategy, the Secretary of Defense's terms of
     reference, and any other materials providing the basis for,
     or substantial inputs to, the work of the Department of
     Defense on the 2009 quadrennial defense review under section
     118 of title 10, United States Code (in this subsection
     referred to as the ``2009 QDR''), as well as the 2009 QDR
     itself;
       (2) conduct an assessment of the assumptions, strategy,
     findings, costs, and risks of the report of the 2009 QDR,
     with particular attention paid to the risks described in that
     report;
       (3) submit to the congressional defense committees and the
     Secretary an independent assessment of a variety of possible
     force structures of the Armed Forces, including the force
     structure identified in the report of the 2009 QDR, suitable
     to meet the requirements identified in the review required in
     paragraph (1);
       (4) to the extent practicable, estimate the funding
     required by fiscal year, in constant fiscal year 2010
     dollars, to organize, equip, and support the forces
     contemplated under the force structures assessed in the
     assessment under paragraph (3); and
       (5) provide to Congress and the Secretary of Defense,
     through the reports under subsection (g), any recommendations
     it considers appropriate for their consideration.
       (f) First Meeting.--
       (1) The Panel shall hold its first meeting no later than 30
     days after the date as of which all appointments to the Panel
     under paragraphs (1), (2), (3), and (4) of subsection (b)
     have been made.
       (2) If the Secretary of Defense has not made the
     Secretary's appointments to the Panel under subsection (b)(5)
     by the date of the first meeting pursuant to paragraph (1),
     the Panel shall convene with the remaining members.
       (g) Reports.--
       (1) Not later than April 15, 2010, the Panel shall submit
     an interim report on its findings to the congressional
     defense committees and to the Secretary of Defense.
       (2) Not later than January 15, 2011, the Panel shall submit
     its final report, together with any recommendations, to the
     congressional defense committees and to the Secretary of
     Defense.
       (3) Not later than February 15, 2011, the Secretary of
     Defense, after consultation with the Chairman of the Joint
     Chiefs of Staff, shall submit to the committees referred to
     in paragraph (2) the Secretary's comments on the Panel's
     final report under that paragraph.
       (h) Information From Federal Agencies.--The Panel may
     secure directly from the Department of Defense and any of its
     components such information as the Panel considers necessary
     to carry out its duties under this section. The head of the
     department or agency concerned shall ensure that information
     requested by the Panel under this subsection is promptly
     provided.
       (i) FFRDC Support.--Upon the request of the co-chairs of
     the Panel, the Secretary of Defense shall make available to
     the Panel the services of any federally funded research and
     development center that is covered by a sponsoring agreement
     of the Department of Defense.
       (j) Personnel Matters.--The Panel shall have the
     authorities provided in section 3161 of title 5, United
     States Code, and shall be subject to the conditions set forth
     in such section.
       (k) Payment of Panel Expenses.--Funds for activities of the
     Panel shall be provided from amounts available to the
     Department of Defense.
       (l) Termination.--The Panel shall terminate 45 days after
     the date on which the Panel submits its final report under
     subsection (g)(2).

[[Page H7299]]

     SEC. 1036. REPORT REQUIRED ON NOTIFICATION OF DETAINEES OF
                   RIGHTS UNDER MIRANDA V. ARIZONA.

       Not later than 30 days after the date of the enactment of
     this Act, the Secretary of Defense shall submit to the
     congressional defense committees a report on how the reading
     of rights under Miranda v. Arizona (384 U.S. 436 (1966)) to
     individuals detained by the United States in Afghanistan may
     affect--
       (1) the rules of engagement of the Armed Forces deployed in
     support of Operation Enduring Freedom;
       (2) post-capture interrogations and intelligence-gathering
     activities conducted as part of Operation Enduring Freedom;
       (3) the overall counterinsurgency strategy and objectives
     of the United States for Operation Enduring Freedom;
       (4) United States military operations and objectives in
     Afghanistan; and
       (5) potential risks to members of the Armed Forces
     operating in Afghanistan.

     SEC. 1037. ANNUAL REPORT ON THE ELECTRONIC WARFARE STRATEGY
                   OF THE DEPARTMENT OF DEFENSE.

       (a) Annual Report Required.--At the same time as the
     President submits to Congress the budget under section
     1105(a) of title 31, United States Code, for fiscal year
     2011, and for each subsequent fiscal year, the Secretary of
     Defense, in coordination with the Chairman of the Joint
     Chiefs of Staff and the Secretary of each of the military
     departments, shall submit to the congressional defense
     committees an annual report on the electronic warfare
     strategy of the Department of Defense.
       (b) Contents of Report.--Each report required under
     subsection (a) shall include each of the following:
       (1) A description and overview of--
       (A) the Department of Defense's electronic warfare
     strategy;
       (B) how such strategy supports the National Defense
     Strategy; and
       (C) the organizational structure assigned to oversee the
     development of the Department's electronic warfare strategy,
     requirements, capabilities, programs, and projects.
       (2) A list of all the electronic warfare acquisition
     programs and research and development projects of the
     Department of Defense and a description of how each program
     or project supports the Department's electronic warfare
     strategy.
       (3) For each unclassified program or project on the list
     required by paragraph (2)--
       (A) the senior acquisition executive and organization
     responsible for oversight of the program or project;
       (B) whether or not validated requirements exist for each
     program or project and, if such requirements exist, the date
     on which the requirements were validated and by which
     organizational authority;
       (C) the total amount of funding appropriated, obligated,
     and forecasted by fiscal year for the program or project, to
     include the program element or procurement line number from
     which the program or project receives funding;
       (D) the development or procurement schedule for the program
     or project;
       (E) an assessment of the cost, schedule, and performance of
     the program or project as it relates to the program or
     project's current program baseline and the original program
     baseline if such baselines are not the same;
       (F) the technology readiness level of each critical
     technology that is part of the program or project;
       (G) whether or not the program or project is redundant or
     overlaps with the efforts of another military department; and
       (H) what capability gap the program or project is being
     developed or procured to fulfill.
       (4) A classified annex that contains the items described in
     subparagraphs (A) through (H) for each classified program or
     project on the list required by paragraph (2).

     SEC. 1038. STUDIES TO ANALYZE ALTERNATIVE MODELS FOR
                   ACQUISITION AND FUNDING OF TECHNOLOGIES
                   SUPPORTING NETWORK-CENTRIC OPERATIONS.

       (a) Studies Required.--
       (1) Independent study.--Not later than 90 days after the
     date of the enactment of this Act, the Secretary of Defense
     shall enter into a contract with an independent federally
     funded research and development center to carry out a
     comprehensive study of policies, procedures, organization,
     and regulatory constraints affecting the acquisition of
     technologies supporting network-centric operations. The
     contract shall be funded from amounts appropriated pursuant
     to an authorization of appropriations in this Act or
     otherwise made available for fiscal year 2010 for operation
     and maintenance for Defense-wide activities.
       (2) Joint chiefs of staff study.--The Chairman of the Joint
     Chiefs of Staff shall carry out a comprehensive study of the
     same subjects covered by paragraph (1). The study shall be
     independent of the study required by paragraph (1) and shall
     be carried out in conjunction with the military departments
     and in coordination with the Secretary of Defense.
       (b) Matters to Be Addressed.--Each study required by
     subsection (a) shall address the following matters:
       (1) Development of a system for understanding the various
     foundational components that contribute to network-centric
     operations, such as data transport, processing, storage, data
     collection, and dissemination of information.
       (2) Determining how acquisition and funding programs that
     are in place as of the date of the enactment of this Act
     relate to the system developed under paragraph (1).
       (3) Development of acquisition and funding models using the
     system developed under paragraph (1), including--
       (A) a model under which a joint entity independent of any
     military department (such as the Joint Staff) is established
     with responsibility and control of all funding for the
     acquisition of technologies for network-centric operations,
     and with authority to oversee the incorporation of such
     technologies into the acquisition programs of the military
     departments;
       (B) a model under which an executive agent is established
     to manage and oversee the acquisition of technologies for
     network-centric operations, but would not have exclusive
     control of the funding for such programs;
       (C) a model under which the acquisition and funding
     programs that are in place as of the date of the enactment of
     this Act are maintained; and
       (D) any other model that the entity carrying out the study
     considers relevant.
       (4) An analysis of each of the models developed under
     paragraph (3) with respect to potential benefits in--
       (A) collecting, processing, and disseminating information;
       (B) network commonality;
       (C) common communications;
       (D) interoperability;
       (E) mission impact and success; and
       (F) cost effectiveness.
       (5) An evaluation of each of the models developed under
     paragraph (3) with respect to feasibility, including
     identification of legal, policy, or regulatory barriers that
     may impede the implementation of such model.
       (c) Report Required.--Not later than September 30, 2010,
     the Secretary of Defense shall submit to the congressional
     defense committees a report on the results of the studies
     required by subsection (a). The report shall include the
     findings and recommendations of the studies and any
     observations and comments that the Secretary considers
     appropriate.
       (d) Network-Centric Operations Defined.--In this section,
     the term ``network-centric operations'' refers to the ability
     to exploit all human and technical elements of the Joint
     Force and mission partners through the full integration of
     collected information, awareness, knowledge, experience, and
     decision-making, enabled by secure access and distribution,
     all to achieve agility and effectiveness in a dispersed,
     decentralized, dynamic, or uncertain operational environment.

                       Subtitle E--Other Matters

     SEC. 1041. PROHIBITION RELATING TO PROPAGANDA.

       (a) In General.--
       (1) Prohibition.--Chapter 134 of title 10, United States
     Code, is amended by inserting after section 2241 the
     following new section:

     ``Sec. 2241a. Prohibition on use of funds for publicity or
       propaganda purposes within the United States

       ``Funds available to the Department of Defense may not be
     obligated or expended for publicity or propaganda purposes
     within the United States not otherwise specifically
     authorized by law.''.
       (2) Clerical amendment.--The table of sections at the
     beginning of such chapter is amended by adding at the end the
     following new item:

``2241a. Prohibition on use of funds for publicity or propaganda
              purposes within the United States.''.

       (b) Effective Date.--Section 2241a of title 10, United
     States Code, as added by subsection (a), shall take effect on
     October 1, 2009, or the date of the enactment of this Act,
     whichever is later.

     SEC. 1042. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS
                   FOR COMBATING TERRORISM.

       Section 127b(c)(3)(C) of title 10, United States Code, is
     amended by striking ``2009'' and inserting ``2010''.

     SEC. 1043. TECHNICAL AND CLERICAL AMENDMENTS.

       (a) Title 10, United States Code.--Title 10, United States
     Code, is amended as follows:
       (1) The heading of section 1567 is amended to read as
     follows:

     ``Sec. 1567. Duration of military protective orders''.

       (2) The heading of section 1567a is amended to read as
     follows:

     ``Sec. 1567a. Mandatory notification of issuance of military
       protective order to civilian law enforcement''.

       (3) Section 2306c(h) is amended by striking ``section
     2801(c)(2)'' and inserting ``section 2801(c)(4)''.
       (4) Section 2667(g)(1) is amended by striking ``Secretary
     concerned concerned'' and inserting ``Secretary concerned''.
       (b) Title 37, United States Code.--Section 308(a)(2)(A)(ii)
     of title 37, United States Code, is amended by striking the
     comma before the period at the end.
       (c) Duncan Hunter National Defense Authorization Act for
     Fiscal Year 2009.--Effective as of October 14, 2008, and as
     if included therein as enacted, the Duncan Hunter National
     Defense Authorization Act for Fiscal Year 2009 (Public Law
     110-417) is amended as follows:
       (1) Section 314(a) (122 Stat. 4410; 10 U.S.C. 2710 note) is
     amended by striking ``Secretary'' and inserting ``Secretary
     of Defense''.
       (2) Section 523(1) (122 Stat. 4446) is amended by striking
     ``serving or'' and inserting ``serving in or''.
       (3) Section 616 (122 Stat. 4486) is amended by striking
     ``of title'' in subsections (b) and (c) and inserting ``of
     such title''.
       (4) Section 732(2) (122 Stat. 4511) is amended by striking
     ``year.'' and inserting ``year''.
       (5) Section 811(c)(6)(A)(iv)(I) (122 Stat.4524) is amended
     by striking ``after of `the program' '' and inserting ``after
     `of the program' ''.
       (6) Section 813(d)(3) (122 Stat. 4527) is amended by
     striking ``each of subsections (c)(2)(A) and (d)(2)'' and
     inserting ``subsection (c)(2)(A)''.

[[Page H7300]]

       (7) Section 825(b) (122 Stat. 4534) is amended in the new
     item being added by inserting a period after ``thereof''.
       (8) Section 834(a)(2) (122 Stat. 4537) is amended by
     inserting ``subchapter II of'' before ``chapter 87''.
       (9) Section 845(a) (122 Stat. 4541) is amended--
       (A) in paragraph (1), by striking ``Subchapter I'' and
     inserting ``Subchapter II''; and
       (B) in paragraph (2), by striking ``subchapter I'' and
     inserting ``subchapter II''.
       (10) Section 855 (122 Stat. 4545) is repealed.
       (11) Section 921(1) (122 Stat. 4573) is amended by striking
     ``subsections (f) and (g) as subsections (g) and (h)'' and
     inserting ``subsections (f), (g), and (h) as subsections (g),
     (h), and (i)''.
       (12) Section 931(b)(5) (122 Stat. 4575) is amended--
       (A) by striking ``Section 201(e)(2)'' and inserting
     ``Section 201(f)(2)(E)''; and
       (B) by striking ``(6 U.S.C. 121(e)(2))'' and inserting ``(6
     U.S.C. 121(f)(2)(E))''.
       (13) Section 932 (122 Stat. 4576) is repealed.
       (14) Section 1033(b) (122 Stat. 4593) is amended by
     striking ``chapter 941'' and inserting ``chapter 931''.
       (15) Section 1059 (122 Stat. 4611) is amended by striking
     ``Act of'' and inserting ``Act for''.
       (16) Section 1061(b)(3) (122 Stat. 4613) is amended by
     striking ``103'' and inserting ``188''.
       (17) Section 1109 (122 Stat. 4618) is amended in subsection
     (e)(1) of the matter proposed to be added by striking ``the
     date of the enactment of this Act'' and inserting ``October
     14, 2008,''.
       (18) Section 2104(b) (122 Stat. 4664) is amended in the
     matter preceding paragraph (1) by striking ``section 2401''
     and inserting ``section 2101''.
       (19) Section 3508(b) (122 Stat. 4769) is amended to read as
     follows:
       ``(b) Conforming Amendment.--The chapter 541 of title 46,
     United States Code, as inserted and amended by the amendments
     made by subparagraphs (A) through (D) of section 3523(a)(6)
     of the National Defense Authorization Act for Fiscal Year
     2008 (Public Law 110-181; 122 Stat. 599), is repealed.''.
       (20) Section 3511(d) (122 Stat. 4770) is amended by
     inserting before the period the following: ``, and by
     striking `calendar' and inserting `fiscal' in the heading for
     paragraph (2)''.

     SEC. 1044. REPEAL OF PILOT PROGRAM ON COMMERCIAL FEE-FOR-
                   SERVICE AIR REFUELING SUPPORT FOR THE AIR
                   FORCE.

       The National Defense Authorization Act for Fiscal Year 2008
     (Public Law 110-181) is amended by striking section 1081.

     SEC. 1045. EXTENSION OF SUNSET FOR CONGRESSIONAL COMMISSION
                   ON THE STRATEGIC POSTURE OF THE UNITED STATES.

       Section 1062 of the National Defense Authorization Act for
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 319) is
     amended--
       (1) by redesignating subsections (f) and (g) as subsections
     (g) and (h), respectively;
       (2) in subsection (h), as redesignated by paragraph (1) of
     this subsection, by striking ``June 1, 2009'' and inserting
     ``September 30, 2010''; and
       (3) by inserting after subsection (e) the following new
     subsection (f):
       ``(f) Follow-on Report.--Not later than May 1, 2010, the
     commission shall submit to the President, the Secretary of
     Defense, the Secretary of Energy, the Secretary of State, the
     Committee on Armed Services of the Senate, the Committee on
     Foreign Relations of the Senate, the Committee on Armed
     Services of the House of Representatives, and the Committee
     on Foreign Affairs of the House of Representatives a follow-
     on report to the report submitted under subsection (e). With
     respect to the matters described under subsection (c), the
     follow-on report shall include, at a minimum, the following:
       ``(1) A review of--
       ``(A) the nuclear posture review required by section 1070
     of this Act; and
       ``(B) the Quadrennial Defense Review required to be
     submitted under section 118 of title 10, United States Code.
       ``(2) A review of legislative actions taken by the 111th
     Congress.''.

     SEC. 1046. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO
                   PORTUGUESE NATIONALS EMPLOYED BY THE DEPARTMENT
                   OF DEFENSE.

       (a) Authorization for Payments.--Subject to subsection (b),
     the Secretary of Defense may authorize payments to Portuguese
     nationals employed by the Department of Defense in Portugal,
     for the difference between--
       (1) the salary increases resulting from section 8002 of the
     Department of Defense Appropriations Act, 2006 (Public Law
     109-148; 119 Stat. 2697; 10 U.S.C. 1584 note) and section
     8002 of the Department of Defense Appropriations Act, 2007
     (Public Law 109-289; 120 Stat. 1271; 10 U.S.C. 1584 note);
     and
       (2) salary increases supported by the Department of Defense
     Azores Foreign National wage surveys for survey years 2006
     and 2007.
       (b) Limitation.--The authority provided in subsection (a)
     may be exercised only if--
       (1) the wage survey methodology described in the United
     States--Portugal Agreement on Cooperation and Defense, with
     supplemental technical and labor agreements and exchange of
     notes, signed at Lisbon on June 1, 1995, and entered into
     force on November 21, 1995, is eliminated; and
       (2) the agreements and exchange of notes referred to in
     paragraph (1) and any implementing regulations thereto are
     revised to provide that the obligations of the United States
     regarding annual pay increases are subject to United States
     appropriation law governing the funding available for such
     increases.
       (c) Authorization for Appropriation.--Of the amounts
     authorized to be appropriated under title III, not less than
     $240,000 is authorized to be appropriated for fiscal year
     2010 for the purpose of the payments authorized by subsection
     (a).

     SEC. 1047. COMBAT AIR FORCES RESTRUCTURING.

       (a) Limitations Relating to Legacy Aircraft.--Until the
     expiration of the 90-day period beginning on the date the
     Secretary of the Air Force submits a report in accordance
     with subsection (b), the following provisions apply:
       (1) Prohibition on retirement of aircraft.--The Secretary
     of the Air Force may not retire any fighter aircraft pursuant
     to the Combat Air Forces restructuring plan announced by the
     Secretary on May 18, 2009.
       (2) Prohibition on personnel reassignments.--The Secretary
     of the Air Force may not reassign any Air Force personnel
     (whether on active duty or a member of a reserve component,
     including the National Guard) associated with such
     restructuring plan.
       (3) Requirements to continue funding.--
       (A) Of the funds authorized to be appropriated in title III
     of this Act for operations and maintenance for the Air Force,
     at least $344,600,000 shall be expended for continued
     operation and maintenance of the 249 fighter aircraft
     scheduled for retirement in fiscal year 2010 pursuant to such
     restructuring plan.
       (B) Of the funds authorized to be appropriated in title I
     of this Act for procurement for the Air Force, at least
     $10,500,000 shall be available for obligation to provide for
     any modifications necessary to sustain the 249 fighter
     aircraft.
       (b) Report.--The report under subsection (a) shall be
     submitted to the Committees on Armed Services of the House of
     Representatives and the Senate and shall include the
     following information:
       (1) A detailed plan of how the force structure and
     capability gaps resulting from the retirement actions will be
     addressed.
       (2) An explanation of the assessment conducted of the
     current threat environment and current capabilities.
       (3) A description of the follow-on mission assignments for
     each affected base.
       (4) An explanation of the criteria used for selecting the
     affected bases and the particular fighters chosen for
     retirement.
       (5) A description of the environmental analyses being
     conducted.
       (6) An identification of the reassignment and manpower
     authorizations necessary for the Air Force personnel (both
     active duty and reserve component) affected by the
     retirements if such retirements are accomplished.
       (7) A description of the funding needed in fiscal years
     2010 through 2015 to cover operation and maintenance costs,
     personnel, and aircraft procurement, if the restructuring
     plan is not carried out.
       (8) An estimate of the cost avoidance should the
     restructuring plan more forward and a description of how such
     funds would be invested during the future-years defense plan
     to ensure the remaining fighter force achieves the desired
     service life and is sufficiently modernized to outpace the
     threat.
       (c) Exception for Certain Aircraft.--The prohibition in
     subsection (a)(1) shall not apply to the five fighter
     aircraft scheduled for retirement in fiscal year 2010, as
     announced when the budget for fiscal year 2009 was submitted
     to Congress.

     SEC. 1048. SENSE OF CONGRESS HONORING THE HONORABLE ELLEN O.
                   TAUSCHER.

       (a) Findings.--Congress makes the following findings:
       (1) In 1996, Representative Ellen O. Tauscher was elected
     to represent California's 10th Congressional district, which
     is located in the East Bay Area of northern California and
     consists of parts of Solano, Contra Costa, Alameda, and
     Sacramento counties.
       (2) Representative Tauscher also represents two of the
     Nation's defense laboratories, Lawrence Livermore and the
     California campus of Sandia, as well as Travis Air Force
     Base, home of the 60th Air Mobility Wing and the Camp Parks
     Army Reserve facility.
       (3) Prior to her service in Congress, Representative
     Tauscher worked in the private sector for 20 years, 14 of
     which were on Wall Street.
       (4) At age 25, Representative Tauscher became one of the
     first women, and the youngest at the time, to hold a seat on
     the New York Stock Exchange, and she later served as an
     officer of the American Stock Exchange.
       (5) Representative Tauscher moved to California in 1989 and
     shortly afterwards founded the first national research
     service to help parents verify the background of childcare
     workers while she sought quality childcare for her own
     daughter.
       (6) Subsequently, Representative Tauscher published a book
     to help working parents make informed decisions about their
     own childcare needs.
       (7) Representative Tauscher is known by her colleagues in
     Congress as a leader on national security and
     nonproliferation issues.
       (8) During her tenure, she has introduced legislation to
     increase and expand the Nation's nonproliferation programs,
     strengthen the Stockpile Stewardship Program, and provide the
     Nation's troops with the support and equipment they deserve.
       (9) In the 110th Congress, Representative Tauscher was
     appointed Chairman of the Strategic Forces Subcommittee of
     the Armed Services Committee of the House of Representatives,
     becoming only the third woman in history to chair an Armed
     Services subcommittee.
       (10) Representative Tauscher is also the first California
     Democrat to be elevated to an Armed Services Subcommittee
     Chairmanship since 1992.
       (11) Representative Tauscher is currently serving her
     second term as the Chairman of the House New Democrat
     Coalition, and she was appointed by the Speaker of the House
     to serve as the Vice Chair for the Future Security and
     Defense Capabilities Subcommittee of the Defense and Security
     Committee of NATO's Parliamentary Assembly.

[[Page H7301]]

       (12) On May 5, 2009, the President nominated Representative
     Tauscher to serve as Under Secretary of State for Arms
     Control and International Security at the Department of
     State.
       (b) Sense of Congress.--It is the Sense of Congress that
     the Honorable Ellen O. Tauscher, Representative from
     California, has served the House of Representatives and the
     American people selflessly and with distinction, and that she
     deserves the sincere and humble gratitude of Congress and the
     Nation.

     SEC. 1049. SENSE OF CONGRESS CONCERNING THE DISPOSITION OF
                   SUBMARINE NR-1.

       (a) Findings.--Congress makes the following findings:
       (1) The Deep Submergence Vessel NR-1 (hereinafter in this
     section referred to as ``NR-1'') was built by the Electric
     Boat Company in Groton, Connecticut, entered service in 1969,
     and was the only nuclear-powered research submersible in the
     United States Navy.
       (2) NR-1 was assigned to Naval Submarine Base New London,
     located in Groton, Connecticut throughout her entire service
     life.
       (3) NR-1 was inactivated in December 2008.
       (4) Due to the unique capabilities of NR-1, it conducted
     numerous missions of significant military and scientific
     value most notably in the fields of geological survey and
     oceanographic research.
       (5) In 1986, NR-1 played a key role in the search for and
     recovery of the Space Shuttle Challenger.
       (6) The mission of the Submarine Force Library and Museum
     in Groton, Connecticut, is to collect, preserve, and
     interpret the history of the United States Naval Submarine
     Force in order to honor veterans and to educate naval
     personnel and the public in the heritage and traditions of
     the Submarine Force.
       (7) NR-1 is a unique and irreplaceable part of the history
     of the Navy and the Submarine Force and an educational and
     historical asset that should be shared with the Nation and
     the world.
       (b) Sense of Congress.--It is the Sense of Congress that--
       (1) NR-1 is a unique and irreplaceable part of the Nation's
     history and as much of the vessel as possible should be
     preserved for the historical and educational benefit of all
     Americans at the Submarine Force Museum and Library in
     Groton, Connecticut; and
       (2) the Secretary of the Navy should ensure that as much of
     the vessel as possible, including unique components of on-
     board equipment and clearly recognizable sections of the hull
     and superstructure, to the full extent practicable, are made
     available for transfer to the Submarine Force Museum and
     Library.

     SEC. 1050. COMPLIANCE WITH REQUIREMENT FOR PLAN ON THE
                   DISPOSITION OF DETAINEES AT NAVAL STATION,
                   GUANTANAMO BAY, CUBA.

       The Secretary of Defense shall comply with the requirements
     of section 1023(b) of this Act, regarding the transfer or
     release of the individuals detained at Naval Station,
     Guantanamo Bay, Cuba.

     SEC. 1051. SENSE OF CONGRESS REGARDING CARRIER AIR WING FORCE
                   STRUCTURE.

       (a) Findings.--Congress makes the following findings:
       (1) The requirement of section 5062(b) of title 10, United
     States Code, for the Navy to maintain not less than 11
     operational aircraft carriers, means that the naval combat
     forces of the Navy also include not less than 10 carrier air
     wings.
       (2) The Department of the Navy currently requires a carrier
     air wing to include not less than 44 strike fighter aircraft.
       (3) In spite of the potential warfighting benefits that may
     result in the deployment of fifth-generation strike fighter
     aircraft, for the foreseeable future the majority of the
     strike fighter aircraft assigned to a carrier air wing will
     not be fifth-generation assets.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) in addition to the forces described in section 5062(b)
     of title 10, United States Code, the naval combat forces of
     the Navy should include not less than 10 carrier air wings
     (even if the number of aircraft carriers is temporarily
     reduced) that are comprised of, in addition to any other
     aircraft, not less than 44 strike fighter aircraft; and
       (2) the Secretary of the Navy should take all appropriate
     actions necessary to make resources available in order to
     include such number of strike fighter aircraft in each
     carrier air wing.

     SEC. 1052. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE
                   FINANCIAL IMPROVEMENT AND AUDIT READINESS;
                   PLAN.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Defense is the largest agency in the
     Federal Government, owning 86 percent of the Government's
     assets, estimated at $4.6 trillion.
       (2) It is essential that the Department maintain strong
     financial management and business systems that allow for
     comprehensive auditing, in order to improve financial
     management government-wide and to achieve an opinion on the
     Federal Government's consolidated financial statements.
       (3) Several major pieces of legislation, such as the Chief
     Financial Officers Act of 1990 (Public Law 101-576) and the
     Federal Financial Management Improvement Act of 1996 (Public
     Law 104-208; 31 U.S.C. 3512 note) have required published
     financial statement audits, reporting by auditors regarding
     whether the Department's financial management systems comply
     substantially with Federal accounting standards, and other
     measures intended to ensure financial management systems of
     the Department provide accurate, reliable, and timely
     financial management information.
       (4) Nevertheless, according to the January 2009 update to
     the Government Accountability Office High Risk Series, to
     date, only ``. . . the U.S. Army Corps of Engineers, Civil
     Works has achieved a clean audit opinion on its financial
     statements. None of the military services have received
     favorable financial statement audit opinions, and the
     Department has annually acknowledged that long-standing
     pervasive weaknesses in its business systems, processes, and
     controls have prevented auditors from determining the
     reliability of reported financial statement information.''
       (5) In response to a congressional mandate, the Department
     issued its first biennial Financial Improvement and Audit
     Readiness Plan in December 2005, to delineate its strategy
     for addressing financial management challenges and achieving
     clean audit opinions. This 2005 report projected that 69
     percent of assets and 80 percent of liabilities would be
     ``clean'' by 2009, yet in the latest report in March 2009 the
     Department projects it will achieve an unqualified audit on
     only 45 percent of its assets and liabilities by 2009. The
     Department of Defense is falling behind its original plan to
     achieve full compliance with the law by 2017.
       (6) Following the passage of the Sarbanes-Oxley Act of 2002
     (Public Law 107-204), publicly traded corporations in the
     United States would face severe penalties for similar
     deficiencies in financial management and accountability.
       (b) Sense of Congress.--It is the sense of Congress that it
     is no longer excusable to allow poor business systems, a
     deficiency of resource allocation, or a lack of commitment
     from senior Department of Defense leadership to foster waste
     or non-accountability to the United States taxpayer. It is
     the further sense of Congress that the Secretary of Defense
     has not made compliance with financial management and audit
     readiness standards a top priority and should require,
     through the Chief Management Officer of the Department of
     Defense, that each component of the Department develop and
     implement a specific plan to become compliant with the law
     well in advance of 2017.
       (c) Plan.--In the next update of the Financial Improvement
     and Audit Readiness Plan, following the date of the enactment
     of this Act, the Secretary of Defense shall outline a plan to
     achieve a full, unqualified audit of the Department of
     Defense by September 30, 2013. In the plan, the Secretary
     shall also identify a mechanism to conduct audits of the
     military intelligence programs and agencies and to submit
     audited financial statements for such agencies to Congress in
     a classified manner.

     SEC. 1053. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM.

       (a) Findings.--Congress makes the following findings:
       (1) At the request of President George W. Bush, Congress
     permitted the President to waive applicable provisions of the
     National Defense Authorization Act for Fiscal Year 2008 with
     respect to judicially cognizable claims of American victims
     of torture and hostage taking by the Government of Iraq.
       (2) In return, however, Congress requested the executive
     branch to resolve these claims through negotiations with
     Iraq.
       (3) After considerable delay, officials of the Department
     of State have informed Members of Congress that these
     negotiations are underway.
       (4) Congress appreciates the start of the negotiations and
     will monitor the progress in the prompt and equitable
     resolution of these claims.
       (5) Congress notes that the House of Representatives in the
     110th Congress unanimously adopted H.R. 5167, the Justice for
     Victims of Torture and Terrorism Act, which set forth an
     appropriate compromise of these claims.
       (6) In the interest of assisting the new democratic
     government of Iraq, H.R. 5167 offers a considerable
     compromise to all parties involved by waiving all punitive
     damages awarded by the courts in these cases, as well as
     approximately two-thirds of compensatory damages awarded by
     the courts.
       (b) Sense of Congress.--It is the sense of Congress that as
     the negotiations to resolve the claims of American victims of
     torture and hostage taking by the Government of Iraq that are
     referred to in subsection (a)(1) proceed, Congress continues
     to view the provisions of H.R.5167 of the 110th Congress as
     representing a fair compromise of these claims.

     SEC. 1054. REPEAL OF CERTAIN LAWS PERTAINING TO THE JOINT
                   COMMITTEE FOR THE REVIEW OF
                   COUNTERPROLIFERATION PROGRAMS OF THE UNITED
                   STATES.

       (a) Joint Committee for the Review of Counterproliferation
     Programs.--Section 1605 of the National Defense Authorization
     Act for Fiscal Year 1994 (Public Law 103-160; 22 U.S.C. 2751
     note) is repealed.
       (b) Biennial Report on Counterproliferation Activities and
     Programs.--Section 1503 of the National Defense Authorization
     Act for Fiscal Year 1995 (Public Law 103-337; 22 U.S.C. 2751
     note) is repealed.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority to employ individuals completing the National
              Security Education Program.
Sec. 1102. Authority for employment by Department of Defense of
              individuals who have successfully completed the
              requirements of the science, mathematics, and research
              for transformation (SMART) defense scholarship program.
Sec. 1103. Authority for the employment of individuals who have
              successfully completed the Department of Defense
              information assurance scholarship program.
Sec. 1104. Additional personnel authorities for the Special Inspector
              General for Afghanistan Reconstruction.

[[Page H7302]]

Sec. 1105. One-year extension of authority to waive annual limitation
              on premium pay and aggregate limitation on pay for
              Federal civilian employees working overseas.
Sec. 1106. Extension of certain benefits to Federal civilian employees
              on official duty in Pakistan.
Sec. 1107. Authority to expand scope of provisions relating to
              unreduced compensation for certain reemployed annuitants.
Sec. 1108. Requirement for Department of Defense strategic workforce
              plans.
Sec. 1109. Adjustments to limitations on personnel and requirement for
              annual manpower reporting.
Sec. 1110. Modification to Department of Defense laboratory personnel
              authority.
Sec. 1111. Pilot program for the temporary exchange of information
              technology personnel.
Sec. 1112. Provisions relating to the National Security Personnel
              System.
Sec. 1113. Provisions relating to the Defense Civilian Intelligence
              Personnel System.
Sec. 1114. Sense of Congress on pay parity for Federal employees
              service at Joint Base McGuire/Dix/Lakehurst.

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

       (a) Authority for Employment.--Section 802 of the David L.
     Boren National Security Education Act of 1991 (50 U.S.C.
     1902) is amended by adding at the end the following new
     subsection:
       ``(k) Employment of Program Participants.--The Secretary of
     Defense, the head of an element of the intelligence
     community, the Secretary of Homeland Security, the Secretary
     of State, or the head of a Federal agency or office
     identified by the Secretary of Defense under subsection (g)
     as having national security responsibilities--
       ``(1) may, without regard to any provision of title 5
     governing appointment of employees to positions in the
     Department of Defense, an element of the intelligence
     community, the Department of Homeland Security, the
     Department of State, or such Federal agency or office,
     appoint to a position that is identified under subsection
     (b)(2)(A)(i) as having national security responsibilities, or
     to a position in such Federal agency or office, in the
     excepted service an individual who has successfully completed
     an academic program for which a scholarship or fellowship
     under this section was awarded and who, under the terms of
     the agreement for such scholarship or fellowship, at the time
     of such appointment owes a service commitment to such
     Department, such element, or such Federal agency or office;
     and
       ``(2) may, upon satisfactory completion of two years of
     substantially continuous service by an incumbent who was
     appointed to an excepted service position under the authority
     of paragraph (1), convert the appointment of such individual,
     without competition, to a career or career conditional
     appointment.''.
       (b) Technical Amendment.--Section 808 of such Act (50
     U.S.C. 1908) is amended by adding at the end the following
     new paragraph:
       ``(6) The term `intelligence community' has the meaning
     given the term in section 3(4) of the National Security Act
     of 1947 (50 U.S.C. 401a(4)).''.

     SEC. 1102. AUTHORITY FOR EMPLOYMENT BY DEPARTMENT OF DEFENSE
                   OF INDIVIDUALS WHO HAVE SUCCESSFULLY COMPLETED
                   THE REQUIREMENTS OF THE SCIENCE, MATHEMATICS,
                   AND RESEARCH FOR TRANSFORMATION (SMART) DEFENSE
                   SCHOLARSHIP PROGRAM.

       (a) Authority for Employment.--Subsection (d) of section
     2192a of title 10, United States Code, is amended to read as
     follows:
       ``(d) Employment of Program Participants.--The Secretary of
     Defense--
       ``(1) may, without regard to any provision of title 5
     governing appointment of employees to positions in the
     Department of Defense, appoint to a position in the
     Department of Defense in the excepted service an individual
     who has successfully completed an academic program for which
     a scholarship or fellowship under this section was awarded
     and who, under the terms of the agreement for such
     scholarship or fellowship, at the time of such appointment
     owes a service commitment to the Department; and
       ``(2) may, upon satisfactory completion of two years of
     substantially continuous service by an incumbent who was
     appointed to an excepted service position under the authority
     of paragraph (1), convert the appointment of such individual,
     without competition, to a career or career conditional
     appointment.''.
       (b) Conforming Amendment.--Subsection (c)(2) of such
     section is amended by striking ``Except as provided in
     subsection (d), the'' in the second sentence and inserting
     ``The''.
       (c) Technical Amendments.--Subsection (f) of such section
     is amended--
       (1) by striking the first sentence; and
       (2) by striking ``the authorities provided in such
     chapter'' and inserting ``the other authorities provided in
     this chapter''.
       (d) Repeal of Obsolete Provision.--Such section is further
     amended by striking subsection (g).

     SEC. 1103. AUTHORITY FOR THE EMPLOYMENT OF INDIVIDUALS WHO
                   HAVE SUCCESSFULLY COMPLETED THE DEPARTMENT OF
                   DEFENSE INFORMATION ASSURANCE SCHOLARSHIP
                   PROGRAM.

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

     SEC. 1104. ADDITIONAL PERSONNEL AUTHORITIES FOR THE SPECIAL
                   INSPECTOR GENERAL FOR AFGHANISTAN
                   RECONSTRUCTION.

       Section 1229(h) of the National Defense Authorization Act
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 381) is
     amended by striking paragraph (1) and inserting the
     following:
       ``(1) Personnel.--
       ``(A) In general.--The Inspector General may select,
     appoint, and employ such officers and employees as may be
     necessary for carrying out the duties of the Inspector
     General, subject to the provisions of title 5, United States
     Code, governing appointments in the competitive service, and
     the provisions of chapter 51 and subchapter III of chapter 53
     of such title, relating to classification and General
     Schedule pay rates.
       ``(B) Additional authorities.--
       ``(i) In general.--Subject to clause (ii), the Inspector
     General may exercise the authorities of subsections (b)
     through (i) of section 3161 of title 5, United States Code
     (without regard to subsection (a) of that section).
       ``(ii) Periods of appointments.--In exercising the
     employment authorities under subsection (b) of section 3161
     of title 5, United States Code, as provided under clause (i)
     of this subparagraph--

       ``(I) paragraph (2) of that subsection (relating to periods
     of appointments) shall not apply; and
       ``(II) no period of appointment may exceed the date on
     which the Office of the Special Inspector General for
     Afghanistan Reconstruction terminates under subsection
     (o).''.

     SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
                   LIMITATION ON PREMIUM PAY AND AGGREGATE
                   LIMITATION ON PAY FOR FEDERAL CIVILIAN
                   EMPLOYEES WORKING OVERSEAS.

       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''.

     SEC. 1106. EXTENSION OF CERTAIN BENEFITS TO FEDERAL CIVILIAN
                   EMPLOYEES ON OFFICIAL DUTY IN PAKISTAN.

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

     SEC. 1107. AUTHORITY TO EXPAND SCOPE OF PROVISIONS RELATING
                   TO UNREDUCED COMPENSATION FOR CERTAIN
                   REEMPLOYED ANNUITANTS.

       (a) In General.--Section 9902(h) of title 5, United States
     Code, is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Benefits similar to those provided by paragraphs (1)
     and (2) may be extended, in accordance with regulations
     prescribed by the President, so as to be made available with
     respect to reemployed annuitants within the Department of
     Defense who are subject to such other retirement systems for
     Government employees as may be provided for under such
     regulations.''.
       (b) Conforming Amendment.--Paragraph (4) of section 9902(h)
     of such title 5 (as so designated by subsection (a)(1)) is
     amended by striking the period and inserting ``, excluding
     paragraph (3).''.

     SEC. 1108. REQUIREMENT FOR DEPARTMENT OF DEFENSE STRATEGIC
                   WORKFORCE PLANS.

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

     ``Sec. 115b. Annual strategic workforce plan

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

[[Page H7303]]

       ``(B) the appropriate mix of military, civilian, and
     contractor personnel capabilities;
       ``(C) the critical skills and competencies of the existing
     civilian employee workforce of the Department and projected
     trends in that workforce based on expected losses due to
     retirement and other attrition; and
       ``(D) gaps in the existing or projected civilian employee
     workforce of the Department that should be addressed to
     ensure that the Department has continued access to the
     critical skills and competencies described in subparagraphs
     (A) and (C).
       ``(2) A plan of action for developing and reshaping the
     civilian employee workforce of the Department to address the
     gaps in critical skills and competencies identified under
     paragraph (1)(D), including--
       ``(A) specific recruiting and retention goals, especially
     in areas identified as critical skills and competencies under
     paragraph (1), including the program objectives of the
     Department to be achieved through such goals and the funding
     needed to achieve such goals;
       ``(B) specific strategies for developing, training,
     deploying, compensating, and motivating the civilian employee
     workforce of the Department, including the program objectives
     of the Department to be achieved through such strategies and
     the funding needed to implement such strategies;
       ``(C) any incentives necessary to attract or retain any
     civilian personnel possessing the skills and competencies
     identified in paragraph (1);
       ``(D) any changes in the number of personnel authorized in
     any category of personnel listed in subsection (f)(1) or in
     the acquisition workforce that may be needed to address such
     gaps and effectively meet the needs of the Department;
       ``(E) any changes in the rates or methods of pay for any
     category of personnel listed in subsection (f)(1) or in the
     acquisition workforce that may be needed to address
     inequities and ensure that the Department has full access to
     appropriately qualified personnel to address such gaps and
     meet the needs of the Department; and
       ``(F) any legislative changes that may be necessary to
     achieve the goals referred to in subparagraph (A).
       ``(3) An assessment, using results-oriented performance
     measures, of the progress of the Department in implementing
     the strategic workforce plan under this section during the
     previous year.
       ``(4) Any additional matters the Secretary of Defense
     considers necessary to address.
       ``(c) Senior Management, Functional, and Technical
     Workforce.--Each strategic workforce plan under subsection
     (a) shall specifically address the shaping and improvement of
     the senior management, functional, and technical workforce
     (including scientists and engineers) of the Department of
     Defense, including the requirements set forth in
     subparagraphs (A) through (F) of subsection (b)(2).
       ``(d) Defense Acquisition Workforce.--(1) Each strategic
     workforce plan under subsection (a) shall specifically
     address the shaping and improvement of the defense
     acquisition workforce, including both military and civilian
     personnel.
       ``(2) For purposes of paragraph (1), each plan shall
     specifically address--
       ``(A) the requirements set forth in subparagraphs (A)
     through (F) of subsection (b)(2);
       ``(B) a plan for funding needed improvements in the
     military and civilian workforce of the Department,
     including--
       ``(i) the funding programmed for defense acquisition
     workforce improvements, including a specific identification
     of funding provided in the Department of Defense Acquisition
     Workforce Fund established under section 1705 of this title,
     along with a description of how such funding is being
     implemented and whether it is being fully used; and
       ``(ii) a description of any continuing shortfalls in
     funding available for the acquisition workforce.
       ``(e) Submittals by Secretaries of the Military Departments
     and Heads of the Defense Agencies.--The Secretary of Defense
     shall require the Secretary of each military department and
     the head of each Defense Agency to submit a report to the
     Secretary addressing each of the matters described in this
     section. The Secretary of Defense shall establish a deadline
     for the submittal of reports under this subsection that
     enables the Secretary to consider the material submitted in a
     timely manner and incorporate such material, as appropriate,
     into the strategic workforce plan required by this section.
       ``(f) Definitions.--In this section:
       ``(1) The term `senior management, functional, and
     technical workforce of the Department of Defense' includes
     the following categories of Department of Defense civilian
     personnel:
       ``(A) Appointees in the Senior Executive Service under
     section 3131 of title 5.
       ``(B) Persons serving in positions described in section
     5376(a) of title 5.
       ``(C) Highly qualified experts appointed pursuant to
     section 9903 of title 5.
       ``(D) Scientists and engineers appointed pursuant to
     section 342(b) of the National Defense Authorization Act for
     Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as
     amended by section 1114 of the Floyd D. Spence National
     Defense Authorization Act for Fiscal Year 2001 (as enacted
     into law by Public Law 106-398 (114 Stat. 1654A-315)).
       ``(E) Scientists and engineers appointed pursuant to
     section 1101 of the Strom Thurmond National Defense
     Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note).
       ``(F) Persons serving in the Defense Intelligence Senior
     Executive Service under section 1606 of this title.
       ``(G) Persons serving in Intelligence Senior Level
     positions under section 1607 of this title.
       ``(2) The term `acquisition workforce' includes individuals
     designated under section 1721 as filling acquisition
     positions.''.
       (2) Clerical amendment.--The table of sections at the
     beginning of chapter 2 of such title is amended by inserting
     after the item relating to section 115a the following new
     item:

``115b. Annual strategic workforce plan.''.
       (b) Comptroller General Review.--Not later than 180 days
     after the date on which the Secretary of Defense submits to
     the congressional defense committees an annual strategic
     workforce plan under section 115b of title 10, United States
     Code (as added by subsection (a)), in each of 2009, 2010,
     201, and 2012, the Comptroller General of the United States
     shall submit to the congressional defense committees a report
     on the plan so submitted.
       (c) Conforming Repeals.--The following provisions are
     repealed:
       (1) Section 1122 of the National Defense Authorization Act
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10
     U.S.C. note prec. 1580).
       (2) Section 1102 of the John Warner National Defense
     Authorization Act for Fiscal Year 2007 (Public Law 109-364;
     120 Stat. 2407).
       (3) Section 851 of the National Defense Authorization Act
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 247; 10
     U.S.C. note prec. 1580).

     SEC. 1109. ADJUSTMENTS TO LIMITATIONS ON PERSONNEL AND
                   REQUIREMENT FOR ANNUAL MANPOWER REPORTING.

       (a) Amendments.--Section 1111 of the Duncan Hunter National
     Defense Authorization Act for Fiscal Year 2009 (Public Law
     110-417; 122 Stat. 4619) is amended--
       (1) in paragraph (1) of subsection (b), by striking
     ``requirements of--'' and all that follows through the end of
     subparagraph (C) and inserting ``the requirements of section
     115b of this title; or'';
       (2) in paragraph (2) of subsection (b), by striking
     ``purposes described in paragraphs (1) through (4) of
     subsection (c).'' and inserting the following:
     ``any of the following purposes:
       ``(A) Performance of inherently governmental functions.
       ``(B) Performance of work pursuant to section 2463 of title
     10, United States Code.
       ``(C) Ability to maintain sufficient organic expertise and
     technical capability.
       ``(D) Performance of work that, while the position may not
     exercise an inherently governmental function, nevertheless
     should be performed only by officers or employees of the
     Federal Government or members of the Armed Forces because of
     the critical nature of the work.''; and
       (3) by striking subsections (c) and (d).
       (b) Consolidated Annual Report.--
       (1) Inclusion in annual defense manpower requirements
     report.--Section 115a of title 10, United States Code, is
     amended by inserting after subsection (e) the following new
     subsection:
       ``(f) The Secretary shall also include in each such report
     the following information with respect to personnel assigned
     to or supporting major Department of Defense headquarters
     activities:
       ``(1) The military end strength and civilian full-time
     equivalents assigned to major Department of Defense
     headquarters activities for the preceding fiscal year and
     estimates of such numbers for the current fiscal year and the
     budget fiscal year.
       ``(2) A summary of the replacement during the preceding
     fiscal year of contract workyears providing support to major
     Department of Defense headquarters activities with military
     end strength or civilian full-time equivalents, including an
     estimate of the number of contract workyears associated with
     the replacement of contracts performing inherently
     governmental or exempt functions.
       ``(3) The plan for the continued review of contract
     personnel supporting major Department of Defense headquarters
     activities for possible conversion to military or civilian
     performance in accordance with section 2463 of this title.
       ``(4) The amount of any adjustment in the limitation on
     personnel made by the Secretary of Defense or the Secretary
     of a military department, and, for each adjustment made
     pursuant to section 1111(b)(2) of the Duncan Hunter National
     Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 143
     note), the purpose of the adjustment.''
       (2) Technical amendments to reflect name of report.--
       (A) Subsection (a) of section 115a of such title is amended
     by inserting ``defense'' before ``manpower requirements
     report.''
       (B)(i) The heading of such section is amended to read as
     follows:

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

       (ii) The item relating to such section in the table of
     sections at the beginning of chapter 2 of such title is
     amended to read as follows:

``115a. Annual defense manpower requirements report.''.
       (3) Conforming repeal.--Subsections (b) and (c) of section
     901 of the National Defense Authorization Act for Fiscal Year
     2008 (Public Law 110-181; 122 Stat. 272; 10 U.S.C. 221 note)
     are repealed.

     SEC. 1110. MODIFICATION TO DEPARTMENT OF DEFENSE LABORATORY
                   PERSONNEL AUTHORITY.

       (a) Additional Science and Technology Reinvention
     Laboratories.--
       (1) Designation.--Each of the following is hereby
     designated as a Department of Defense science and technology
     reinvention laboratory (as described in section 342(b) of the
     National Defense Authorization Act for Fiscal Year 1995
     (Public Law 103-337; 108 Stat. 2721):
       (A) The Tank and Automotive Research Development and
     Engineering Center.

[[Page H7304]]

       (B) The Armament Research Development and Engineering
     Center.
       (C) The Naval Air Warfare Center, Weapons Division.
       (D) The Naval Air Warfare Center, Aircraft Division.
       (E) The Space and Naval Warfare Systems Center, Pacific.
       (F) The Space and Naval Warfare Systems Center, Atlantic.
       (2) Conversion procedures.--The Secretary of Defense shall
     implement procedures to convert the civilian personnel of
     each facility identified in paragraph (1) from their current
     personnel system to the personnel system under an appropriate
     demonstration project (as referred to in such section
     342(b)). Any conversion under this paragraph--
       (A) shall not adversely affect any employee with respect to
     pay or any other term or condition of employment;
       (B) shall be consistent with the terms of any collective
     bargaining agreement which might apply; and
       (C) shall be completed within 18 months after the date of
     the enactment of this Act.
       (b) Exclusion From National Security Personnel System.--
       (1) In general.--Section 9902(c)(2) of title 5, United
     States Code, is amended--
       (A) in subparagraph (I), by striking ``and'' after the
     semicolon;
       (B) in subparagraph (J), by striking the period and
     inserting ``; and''; and
       (C) by adding after subparagraph (J) the following:
       ``(K) the Tank and Automotive Research Development and
     Engineering Center;
       ``(L) the Armament Research Development and Engineering
     Center;
       ``(M) the Naval Air Warfare Center, Weapons Division;
       ``(N) the Naval Air Warfare Center, Aircraft Division;
       ``(O) the Space and Naval Warfare Systems Center, Pacific;
     and
       ``(P) the Space and Naval Warfare Systems Center,
     Atlantic.''.
       (2) Extension of period of exclusion.--Section 9902(c)(1)
     of title 5, United States Code, is amended by striking
     ``2011'' each place it appears and inserting ``2014''.

     SEC. 1111. PILOT PROGRAM FOR THE TEMPORARY EXCHANGE OF
                   INFORMATION TECHNOLOGY PERSONNEL.

       (a) Assignment Authority.--The Secretary of Defense may,
     with the agreement of the private sector organization
     concerned, arrange for the temporary assignment of an
     employee to such private sector organization, or from such
     private sector organization to a Department of Defense
     organization under this section. An employee shall be
     eligible for such an assignment only if--
       (1) the employee--
       (A) works in the field of information technology
     management;
       (B) is considered to be an exceptional employee;
       (C) is expected to assume increased information technology
     management responsibilities in the future; and
       (D) is compensated at not less than the GS-11 level (or the
     equivalent); and
       (2) the proposed assignment meets applicable requirements
     of section 209(b) of the E-Government Act of 2002 (44 U.S.C.
     3501 note).
       (b) Agreements.--The Secretary of Defense shall provide for
     a written agreement between the Department of Defense and the
     employee concerned regarding the terms and conditions of the
     employee's assignment under this section. The agreement--
       (1) shall require that Department of Defense employees,
     upon completion of the assignment, will serve in the civil
     service for a period equal to the length of the assignment;
     and
       (2) shall provide that if the Department of Defense or
     private sector employee fails to carry out the agreement,
     such employee shall be liable to the United States for
     payment of all expenses of the assignment, unless that
     failure was for good and sufficient reason (as determined by
     the Secretary of Defense).
     An amount for which an employee is liable under paragraph (2)
     shall be treated as a debt due the United States.
       (c) Termination.--An assignment under this section may, at
     any time and for any reason, be terminated by the Department
     of Defense or the private sector organization concerned.
       (d) Duration.--An assignment under this section shall be
     for a period of not less than 3 months and not more than 1
     year, and may be extended in 3-month increments for a total
     of not more than 1 additional year; however, no assignment
     under this section may commence after September 30, 2013.
       (e) Considerations.--In carrying out this section, the
     Secretary of Defense--
       (1) shall ensure that, of the assignments made under this
     section each year, at least 20 percent are from small
     business concerns (as defined by section 3703(e)(2)(A) of
     title 5, United States Code); and
       (2) shall take into consideration the question of how
     assignments under this section might best be used to help
     meet the needs of the Department of Defense with respect to
     the training of employees in information technology
     management.
       (f) Numerical Limitation.--In no event may more than 10
     employees be participating in assignments under this section
     as of any given time.
       (g) Reporting Requirement.--For each of fiscal years 2010
     through 2015, the Secretary of Defense shall submit to the
     congressional defense committees, not later than 1 month
     after the end of the fiscal year involved, a report on any
     activities carried out under this section during such fiscal
     year, including information concerning--
       (1) the respective organizations (as referred to in
     subsection (a)) to and from which any employee was assigned
     under this section;
       (2) the positions those employees held while they were so
     assigned; and
       (3) a description of the tasks they performed while they
     were so assigned.
       (h) Repeal of Superseded Section.--Section 1109 of the
     National Defense Authorization Act for Fiscal Year 2008
     (Public Law 110-181; 122 Stat. 358) is repealed, except
     that--
       (1) nothing in this subsection shall, in the case of any
     assignment commencing under such section 1109 on or before
     the date of the enactment of this Act, affect--
       (A) the duration of such assignment or the authority to
     extend such assignment in accordance with subsection (d) of
     such section 1109, as last in effect; or
       (B) the terms or conditions of the agreement governing such
     assignment, including with respect to any service obligation
     under subsection (b) thereof; and
       (2) any employee whose assignment is allowed to continue by
     virtue of paragraph (1) shall be taken into account for
     purposes of--
       (A) the numerical limitation under subsection (f); and
       (B) the reporting requirement under subsection (g).

     SEC. 1112. PROVISIONS RELATING TO THE NATIONAL SECURITY
                   PERSONNEL SYSTEM.

       (a) Definitions.--For purposes of this section--
       (1) the term ``National Security Personnel System'' or
     ``NSPS'' refers to a human resources management system
     established under authority of chapter 99 of title 5, United
     States Code; and
       (2) the term ``statutory pay sytem'' means a pay system
     under--
       (A) subchapter III of chapter 53 of title 5, United States
     Code (relating to General Schedule pay rates);
       (B) subchapter IV of chapter 53 of title 5, United States
     Code (relating to prevailing rate systems); or
       (C) such other provisions of law as would apply if chapter
     99 of title 5, United States Code, had never been enacted.
       (b) Requirement That All Appointments Made After June 16,
     2009, Be Subject to the Appropriate Statutory Pay System and
     Not NSPS.--Notwithstanding any other provision of law--
       (1) the National Security Personnel System--
       (A) shall not apply to any individual who is not subject to
     such System as of June 16, 2009; and
       (B) shall not apply to any position which is not subject to
     such System as of June 16, 2009; and
       (2) any individual who, after June 16, 2009, is appointed
     to any position within the Department of Defense shall
     accordingly be subject to the statutory pay system and all
     other aspects of the personnel system which would otherwise
     apply (with respect to the individual or position involved)
     if the National Security Personnel System had never been
     established.
       (c) Termination of NSPS and Conversion of Any Employees and
     Positions Remaining Subject to NSPS.--
       (1) In general.--The Secretary of Defense shall take all
     actions which may be necessary to provide, within 12 months
     after the date of enactment of this Act, for the termination
     of the National Security Personnel System and for the
     conversion of any employees and positions which, as of such
     date of enactment, remain subject to such System, to--
       (A) the statutory pay system and all other aspects of the
     personnel system that last applied to such employee or
     position (as the case may be) before the National Security
     Personnel System applied; or
       (B) if subparagraph (A) does not apply, the statutory pay
     system and all other aspects of the personnel system that
     would have applied if the National Security Personnel System
     had never been established.
     No employee shall suffer any loss of or decrease in pay
     because of the preceding sentence.
       (2) Report.--If the Secretary of Defense is of the view
     that the National Security Personnel System should not be
     terminated in accordance with paragraph (1), the Secretary
     shall submit to the President and both Houses of Congress as
     soon as practicable, but in no event later than 6 months
     after the date of the enactment of this Act, a written report
     setting forth a statement of the Secretary's views and the
     reasons therefor. Such report shall specifically include--
       (A) the Secretary's opinion as to whether the System should
     be continued with or without changes; and
       (B) if, in the opinion of the Secretary, the System should
     be continued with changes--
       (i) a detailed description of the proposed changes; and
       (ii) a description of any administrative action or
     legislation which may be necessary.
       (d) Restoration of Full Annual Pay Adjustments Under NSPS
     Pending Its Termination.--Section 9902(e)(7) of title 5,
     United States Code, is amended by striking ``no less than 60
     percent'' and all that follows and inserting ``the full
     amount of such adjustment.''.

     SEC. 1113. PROVISIONS RELATING TO THE DEFENSE CIVILIAN
                   INTELLIGENCE PERSONNEL SYSTEM.

       (a) Definitions.--For purposes of this section--
       (1) the term ``covered position'' means a defense
     intelligence position in the Department of Defense
     established under chapter 83 of title 10, United States Code,
     excluding an Intelligence Senior Level position designated
     under section 1607 of such title and any position in the
     Defense Intelligence Senior Executive Service;
       (2) the term ``DCIPS pay system'', as used with respect to
     a covered position, means the

[[Page H7305]]

     provisions of the Defense Civilian Intelligence Personnel
     System under which the rate of salary or basic pay for such
     position is determined, excluding any provisions relating to
     bonuses, awards, or any other amounts not in the nature of
     salary or basic pay;
       (3) the term ``Defense Civilian Intelligence Personnel
     System'' means the personnel system established under chapter
     83 of title 10, United States Code; and
       (4) the term ``appropriate pay system'', as used with
     respect to a covered position, means--
       (A) the system under which, as of September 30, 2007, the
     rate of salary or basic pay for such position was determined;
     or
       (B) if subparagraph (A) does not apply, the system under
     which, as of September 30, 2007, the rate of salary or basic
     pay was determined for the positions within the Department of
     Defense most similar to the position involved,
     excluding any provisions relating to bonuses, awards, or any
     other amounts which are not in the nature of salary or basic
     pay.
       (b) Requirement That Appointments to Covered Positions
     After June 16, 2009, Be Subject to the Appropriate Pay
     System.--Notwithstanding any other provision of law--
       (1) the DCIPS pay system--
       (A) shall not apply to any individual holding a covered
     position who is not subject to such system as of June 16,
     2009; and
       (B) shall not apply to any covered position which is not
     subject to such system as of June 16, 2009; and
       (2) any individual who, after June 16, 2009, is appointed
     to a covered position shall accordingly be subject to the
     appropriate pay system.
       (c) Termination of DCIPS Pay System for Covered Positions
     and Conversion of Employees Holding Covered Positions to the
     Appropriate Pay System.--
       (1) In general.--The Secretary of Defense shall take all
     actions which may be necessary to provide, within 12 months
     after the date of enactment of this Act, for the termination
     of the DCIPS pay system with respect to covered positions and
     for the conversion of any employees holding any covered
     positions which, as of such date of enactment, remain subject
     to the DCIPS pay system, to the appropriate pay system. No
     employee shall suffer any loss of or decrease in pay because
     of the preceding sentence.
       (2) Report.--If the Secretary of Defense is of the view
     that the DCIPS pay system should not be terminated with
     respect to covered positions, as required by paragraph (1),
     the Secretary shall submit to the President and both Houses
     of Congress as soon as practicable, but in no event later
     than 6 months after the date of the enactment of this Act, a
     written report setting forth a statement of the Secretary's
     views and the reasons therefor. Such report shall
     specifically include--
       (A) the Secretary's opinion as to whether the DCIPS pay
     system should be continued, with or without changes, with
     respect to covered positions; and
       (B) if, in the opinion of the Secretary, the DCIPS pay
     system should be continued with respect to covered positions,
     with changes--
       (i) a detailed description of the proposed changes; and
       (ii) a description of any administrative action or
     legislation which may be necessary.
     The requirements of this paragraph shall be carried out by
     the Secretary of Defense in conjunction with the Director of
     the Office of Personnel Management.
       (d) Rule of Construction.--Nothing in this section shall be
     considered to affect--
       (1) the provisions of the Defense Civilian Intelligence
     Personnel System governing aspects of compensation apart from
     salary or basic pay; or
       (2) the application of such provisions with respect to a
     covered position or any individual holding a covered
     position, including after June 16, 2009.

     SEC. 1114. SENSE OF CONGRESS ON PAY PARITY FOR FEDERAL
                   EMPLOYEES SERVICE AT JOINT BASE MCGUIRE/DIX/
                   LAKEHURST.

       It is the sense of Congress that for the purposes of
     determining any pay for an employee serving at Joint Base
     McGuire/Dix/Lakehurst--
       (1) the pay schedules and rates to be used shall be the
     same as if such employee were serving in the pay locality,
     wage area, or other area of locality (whichever would apply
     to determine pay for the employees involved) that includes
     Ocean County, New Jersey; and
       (2) the Office of Personnel Management should develop
     regulations to ensure pay parity for employees serving at
     Joint Bases.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Modification and extension of authority for security and
              stabilization assistance.
Sec. 1202. Increase of authority for support of special operations to
              combat terrorism.
Sec. 1203. Modification of report on foreign-assistance related
              programs carried out by the Department of Defense.
Sec. 1204. Report on authorities to build the capacity of foreign
              military forces and related matters.

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

Sec. 1211. Limitation on availability of funds for certain purposes
              relating to Iraq.
Sec. 1212. Reauthorization of Commanders' Emergency Response Program.
Sec. 1213. Reimbursement of certain Coalition nations for support
              provided to United States military operations.
Sec. 1214. Pakistan Counterinsurgency Fund.
Sec. 1215. Program to provide for the registration and end-use
              monitoring of defense articles and defense services
              transferred to Afghanistan and Pakistan.
Sec. 1216. Reports on campaign plans for Iraq and Afghanistan.
Sec. 1217. Required assessments of United States efforts in
              Afghanistan.
Sec. 1218. Report on responsible redeployment of United States Armed
              Forces from Iraq.
Sec. 1219. Report on Afghan Public Protection Program.
Sec. 1220. Updates of report on command and control structure for
              military forces operating in Afghanistan.
Sec. 1221. Report on payments made by United States Armed Forces to
              residents of Afghanistan as compensation for losses
              caused by United States military operations.
Sec. 1222. Assessment and report on United States-Pakistan military
              relations and cooperation.
Sec. 1223. Required assessments of progress toward security and
              stability in Pakistan.
Sec. 1224. Repeal of GAO war-related reporting requirement.
Sec. 1225. Plan to govern the disposition of specified defense items in
              Iraq.
Sec. 1226. Civilian ministry of defense advisor program.
Sec. 1227. Report on the status of interagency coordination in the
              Afghanistan and Operation Enduring Freedom theater of
              operations.
Sec. 1228. Sense of Congress supporting United States policy for
              Afghanistan.
Sec. 1229. Analysis of required force levels and types of forces needed
              to secure southern and eastern regions of Afghanistan.

                       Subtitle C--Other Matters

Sec. 1231. NATO Special Operations Coordination Center.
Sec. 1232. Annual report on military power of the Islamic Republic of
              Iran.
Sec. 1233. Annual report on military and security developments
              involving the People's Republic of China.
Sec. 1234. Report on impacts of drawdown authorities on the Department
              of Defense.
Sec. 1235. Risk assessment of United States space export control
              policy.
Sec. 1236. Patriot air and missile defense battery in Poland.
Sec. 1237. Report on potential foreign military sales of the F-22A
              fighter aircraft to Japan.
Sec. 1238. Expansion of United States-Russian Federation joint center
              to include exchange of data on missile defense.

                  Subtitle A--Assistance and Training

     SEC. 1201. MODIFICATION AND EXTENSION OF AUTHORITY FOR
                   SECURITY AND STABILIZATION ASSISTANCE.

       (a) Modification.--Subsection (b) of section 1207 of the
     National Defense Authorization Act for Fiscal Year 2006
     (Public Law 109-163; 119 Stat. 3458), as amended by section
     1207(b) of the Duncan Hunter National Defense Authorization
     Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
     4626), is further amended--
       (1) by striking ``(b) Limitation.--'' and all that follows
     through ``the aggregate value'' and inserting ``(b)
     Limitation.--The aggregate value'';
       (2) by striking ``$100,000,000'' and inserting
     ``$25,000,000''; and
       (3) by striking paragraph (2).
       (b) Extension of Authority.--Subsection (g) of such
     section, as most recently amended by section 1207(c) of the
     Duncan Hunter National Defense Authorization Act for Fiscal
     Year 2009 (Public Law 110-417; 122 Stat. 4626), is further
     amended by striking ``September 30, 2009'' and inserting
     ``September 30, 2010''.
       (c) Effective Date.--The amendments made by this section
     shall take effect on October 1, 2009.

     SEC. 1202. INCREASE OF AUTHORITY FOR SUPPORT OF SPECIAL
                   OPERATIONS TO COMBAT TERRORISM.

       Section 1208(a) of the Ronald W. Reagan National Defense
     Authorization Act for Fiscal Year 2005 (Public Law 108-375;
     118 Stat. 2086), as amended by section 1208(a) of the Duncan
     Hunter National Defense Authorization Act for Fiscal Year
     2009 (Public Law 110-417; 122 Stat. 4626), is further amended
     by striking ``$35,000,000'' and inserting ``$50,000,000''.

     SEC. 1203. MODIFICATION OF REPORT ON FOREIGN-ASSISTANCE
                   RELATED PROGRAMS CARRIED OUT BY THE DEPARTMENT
                   OF DEFENSE.

       (a) Amendment.--Section 1209 of the National Defense
     Authorization Act for Fiscal Year 2008 (Public Law 110-181;
     122 Stat. 368) is amended--
       (1) in subsection (a), by striking ``180 days after the
     date of the enactment of this Act'' and inserting ``February
     1 of each year''; and
       (2) in subsection (b)(1)--
       (A) in subparagraph (G), by striking ``and'' at the end;
     and
       (B) by adding at the end the following new subparagraph:
       ``(I) subsection (b)(6) of section 166a of title 10, United
     States Code; and''.
       (b) Report for Fiscal Years 2008 and 2009.--The report
     required to be submitted not later than February 1, 2010,
     under section 1209(a) of the National Defense Authorization
     Act for Fiscal Year 2008, as amended by subsection (a), shall
     include information required under such section with respect
     to fiscal years 2008 and 2009.

[[Page H7306]]

     SEC. 1204. REPORT ON AUTHORITIES TO BUILD THE CAPACITY OF
                   FOREIGN MILITARY FORCES AND RELATED MATTERS.

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

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

     SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
                   PURPOSES RELATING TO IRAQ.

       No funds appropriated pursuant to an authorization of
     appropriations in this Act may be obligated or expended for a
     purpose as follows:
       (1) To establish any military installation or base for the
     purpose of providing for the permanent stationing of United
     States Armed Forces in Iraq.
       (2) To exercise United States control of the oil resources
     of Iraq.

     SEC. 1212. REAUTHORIZATION OF COMMANDERS' EMERGENCY RESPONSE
                   PROGRAM.

       (a) 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
     most recently amended by section 1214 of the Duncan Hunter
     National Defense Authorization Act for Fiscal Year 2009
     (Public Law 110-417; 122 Stat. 4360), is further amended--
       (1) in the heading, by striking ``Fiscal Years 2008 and
     2009'' and inserting ``Fiscal Year 2010''; and
       (2) in the matter preceding paragraph (1)--
       (A) by striking ``each of fiscal years 2008 and 2009'' and
     inserting ``fiscal year 2010''; and
       (B) by striking ``$1,700,000,000 in fiscal year 2008 and
     $1,500,000,000 in fiscal year 2009'' and inserting
     ``$1,300,000,000 in fiscal year 2010''.
       (b) Quarterly Reports.--Subsection (b) of such section is
     amended by striking ``fiscal years 2008 and 2009'' and
     inserting ``fiscal year 2010''.

     SEC. 1213. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
                   SUPPORT PROVIDED TO UNITED STATES MILITARY
                   OPERATIONS.

       (a) Authority.--From funds made available for the
     Department of Defense by section 1510 for operation and
     maintenance, Defense-wide activities, the Secretary of
     Defense may reimburse any key cooperating nation for
     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.
       (b) Amounts of Reimbursement.--Reimbursement authorized by
     subsection (a) may be made 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, may determine, based on documentation
     determined by the Secretary of Defense to adequately account
     for the support provided.
       (c) Limitations.--
       (1) Limitation on amount.--The total amount of
     reimbursements made under the authority in subsection (a)
     during fiscal year 2010 may not exceed $1,600,000,000.
       (2) Prohibition on contractual obligations to make
     payments.--The Secretary of Defense may not enter into any
     contractual obligation to make a reimbursement under the
     authority in subsection (a).
       (d) Notice to Congress.--The Secretary of Defense shall
     notify the appropriate congressional committees not less than
     15 days before making any reimbursement under the authority
     in subsection (a). In the case of any reimbursement to
     Pakistan under the authority in subsection (a), such
     notification shall be made in accordance with the
     notification requirements under section 1232(b) of the
     National Defense Authorization Act for Fiscal Year 2008
     (Public Law 110-181; 122 Stat. 392).
       (e) Quarterly Reports.--The Secretary of Defense shall
     submit to the appropriate congressional committees on a
     quarterly basis a report on any reimbursements made under the
     authority in subsection (a) during such quarter.
       (f) Extension of Notification Requirement Relating to
     Department of Defense Coalition Support Funds for Pakistan.--
     Section 1232(b)(6) of the National Defense Authorization Act
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393), as
     amended by section 1217(d) of the Duncan Hunter National
     Defense Authorization Act for Fiscal Year 2009 (Public Law
     110-417; 122 Stat. 4635), is further amended by striking
     ``September 30, 2010'' and inserting ``September 30, 2011''.
       (g) Appropriate Congressional Committees Defined.--In this
     section, the term ``appropriate congressional committees''
     means--
       (1) the Committee on Armed Services, the Committee on
     Foreign Affairs, and the Committee on Appropriations of the
     House of Representatives; and
       (2) the Committee on Armed Services, the Committee on
     Foreign Relations, and the Committee on Appropriations of the
     Senate.

     SEC. 1214. PAKISTAN COUNTERINSURGENCY FUND.

       (a) Amounts in Fund.--The Pakistan Counterinsurgency Fund
     (in this section referred to as the ``Fund'') shall consist
     of the following:
       (1) Amounts appropriated to the Fund for fiscal year 2009.
       (2) Amounts transferred to the Fund pursuant to subsection
     (d).
       (b) Use of Funds.--
       (1) In general.--Amounts in the Fund shall be made
     available to the Secretary of Defense, with the concurrence
     of the Secretary of State, to provide assistance to the
     security forces of Pakistan (including program management and
     the provision of equipment, supplies, services, training,
     facility and infrastructure repair, renovation, and
     construction) to improve the counterinsurgency capability of
     Pakistan's security forces (including Pakistan's military,
     Frontier Corps, and other security forces), and of which not
     more than $2,000,000 may be made available to provide
     humanitarian assistance to the people of Pakistan only as
     part of civil-military training exercises for Pakistan's
     security forces receiving assistance under the Fund.
       (2) Relation to other authorities.--Except as otherwise
     provided in section 1215 of this Act (relating to the program
     to provide for the registration and end-use monitoring of
     defense articles and defense services transferred to
     Afghanistan and Pakistan), amounts in the Fund are authorized
     to be made available notwithstanding any other provision of
     law. The authority to provide assistance under this
     subsection is in addition to any other authority to provide
     assistance to foreign countries.
       (c) Transfers From Fund.--
       (1) In general.--The Secretary of Defense may transfer such
     amounts as the Secretary determines to be appropriate from
     the Fund--
       (A) to any account available to the Department of Defense,
     or
       (B) with the concurrence of the Secretary of State and head
     of the relevant Federal department or agency, to any other
     non-intelligence related Federal account,

     for purposes consistent with this section.
       (2) Treatment of transferred funds.--Amounts transferred to
     an account under the authority of paragraph (1) shall be
     merged with amounts in such account and shall be made
     available for the same purposes, and subject to the same
     conditions and limitations, as amounts in such account.
       (3) Transfers back to fund.--Upon a determination by the
     Secretary of Defense with respect to funds transferred under
     paragraph (1)(A), or the head of the other Federal department
     or agency with the concurrence of the Secretary of State with
     respect to funds transferred under paragraph (1)(B), that all
     or part of amounts transferred from the Fund under paragraph
     (1) are not necessary for the purpose provided, such amounts
     may be transferred back to the Fund and shall be made
     available for the same purposes, and subject to the same
     conditions and limitations, as originally applicable under
     subsection (b).
       (d) Transfers to Fund.--
       (1) In general.--The Fund may include amounts transferred
     by the Secretary of State, with the concurrence of the
     Secretary of Defense, under any authority of the Secretary of
     State to transfer funds under any provision of law.
       (2) Treatment of transferred funds.--Amounts transferred to
     the Fund under the authority of paragraph (1) shall be merged
     with amounts in the Fund and shall be made available for the
     same purposes, and subject to the same conditions and
     limitations, as amounts in the Fund.
       (e) Congressional Notification.--
       (1) In general.--Amounts in the Fund may not be obligated
     or transferred from the Fund under this section until 15 days
     after the date on which the Secretary of Defense notifies the
     appropriate congressional committees in writing of the
     details of the proposed obligation or transfer.
       (2) Appropriate congressional committees defined.--In this
     subsection, the term ``appropriate congressional committees''
     means--

[[Page H7307]]

       (A) the Committee on Armed Services, the Committee on
     Foreign Affairs, and the Committee on Appropriations of the
     House of Representatives; and
       (B) the Committee on Armed Services, the Committee on
     Foreign Relations, and the Committee on Appropriations of the
     Senate.
       (f) Sunset.--
       (1) In general.--Except as provided in paragraph (2), the
     authority provided under this section terminates at the close
     of September 30, 2010.
       (2) Exception.--Any program supported from amounts in the
     Fund established before the close of September 30, 2010, may
     be completed after that date but only using amounts
     appropriated or transferred to the Fund on or before that
     date.

     SEC. 1215. PROGRAM TO PROVIDE FOR THE REGISTRATION AND END-
                   USE MONITORING OF DEFENSE ARTICLES AND DEFENSE
                   SERVICES TRANSFERRED TO AFGHANISTAN AND
                   PAKISTAN.

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

     until the Secretary of Defense certifies to the specified
     congressional committees that the program required under this
     subsection has been established.
       (b) Registration and End-Use Monitoring Requirements.--The
     registration and end-use monitoring requirements under this
     subsection shall include the following:
       (1) A detailed record of the origin, shipping, and
     distribution of defense articles and defense services
     transferred to--
       (A) the Government of Afghanistan and other groups,
     organizations, citizens, and residents of Afghanistan; and
       (B) the Government of Pakistan and other groups,
     organizations, citizens, and residents of Pakistan.
       (2) A program of end-use monitoring of lethal defense
     articles and defense services transferred to the entities and
     individuals described in subparagraphs (A) and (B) of
     paragraph (1),
       (c) Review; Exemption.--
       (1) Review.--The Secretary of Defense shall periodically
     review the defense articles and defense services subject to
     the registration and end-use monitoring requirements under
     subsection (b) to determine which defense articles and
     defense services, if any, should no longer be subject to such
     registration and monitoring requirements. The Secretary of
     Defense shall submit to the specified congressional
     committees the results of each review conducted under this
     paragraph.
       (2) Exemption.--The Secretary of Defense may exempt a
     defense article or defense service from the registration and
     end-use monitoring requirements under subsection (b)
     beginning on the date that is 30 days after the date on which
     the Secretary provides notice of the proposed exemption to
     the specified congressional committees. Such notice shall
     describe any controls to be imposed on such defense article
     or defense service, as the case may be, under any other
     provision of law.
       (d) Definitions.--In this section:
       (1) Defense article.--The term ``defense article''--
       (A) includes--
       (i) any weapon, including a small arm (as defined in
     paragraph (3)), weapons system, munition, aircraft, vessel,
     boat or other implement of war;
       (ii) any property, installation, commodity, material,
     equipment, supply, or goods used for the purposes of
     furnishing military assistance;
       (iii) any machinery, facility, tool, material supply, or
     other item necessary for the manufacture, production,
     processing repair, servicing, storage, construction,
     transportation, operation, or use of any article listed in
     this paragraph; or
       (iv) any component or part of any article listed in this
     paragraph; but
       (B) does not include merchant vessels or, as defined by the
     Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), source
     material (except uranium depleted in the isotope 235 which is
     incorporated in defense articles solely to take advantage of
     high density or pyrophoric characteristics unrelated to
     radioactivity), by-product material, special nuclear
     material, production facilities, utilization facilities, or
     atomic weapons or articles involving Restricted Data.
       (2) Defense service.--The term ``defense service'' includes
     any service, test, inspection, repair, publication, or
     technical or other assistance or defense information used for
     the purposes of furnishing military assistance, but does not
     include military educational and training activities under
     chapter 5 of part II of the Foreign Assistance Act of 1961.
       (3) Small arm.--The term ``small arm'' means--
       (A) a handgun or pistol;
       (B) a shoulder-fired weapon, including a sub-carbine,
     carbine, or rifle;
       (C) a light, medium, or heavy automatic weapon up to and
     including a .50 caliber machine gun;
       (D) a recoilless rifle up to and including 106mm;
       (E) a mortar up to and including 81mm;
       (F) a rocket launcher, man-portable;
       (G) a grenade launcher, rifle and shoulder fired; and
       (H) an individually-operated weapon which is portable or
     can be fired without special mounts or firing devices and
     which has potential use in civil disturbances and is
     vulnerable to theft.
       (4) Specified congressional committees.--The term
     ``specified congressional committees'' means--
       (A) the Committee on Foreign Affairs and the Committee on
     Armed Services of the House of Representatives; and
       (B) the Committee on Foreign Relations and the Committee on
     Armed Services of the Senate.
       (e) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), this
     section shall take effect 180 days after the date of the
     enactment of this Act.
       (2) Exception.--The Secretary of Defense may delay the
     effective date of this section by an additional period of up
     to 90 days if the Secretary certifies in writing to the
     specified congressional committees for such additional period
     that it is in the vital interest of the United States to do
     so and includes in the certification a description of such
     vital interest.

     SEC. 1216. REPORTS ON CAMPAIGN PLANS FOR IRAQ AND
                   AFGHANISTAN.

       (a) Reports Required.--Not later than 180 days after the
     date of the enactment of this Act, the Comptroller General of
     the United States shall submit to the congressional defense
     committees separate reports containing assessments of the
     extent to which the campaign plan for Iraq and the campaign
     plan for Afghanistan each adhere to military doctrine (as
     defined in the Department of Defense's Joint Publication 5-0,
     Joint Operation Planning), including the elements set forth
     in subsection (b).
       (b) Matters to Be Assessed.--The matters to be included in
     the assessments required under subsection (a) are as follows:
       (1) The extent to which each campaign plan identifies and
     prioritizes the conditions that must be achieved in each
     phase of the campaign.
       (2) The extent to which each campaign plan reports the
     number of combat brigade teams and other forces required for
     each campaign phase.
       (3) The extent to which each campaign plan estimates the
     time needed to reach the desired end state and complete the
     military portion of the campaign.
       (c) Update of Report.--The Comptroller General shall submit
     to the congressional defense committees an update of the
     report on the campaign plan for Iraq or the campaign plan for
     Afghanistan required under subsection (a) whenever the
     campaign plan for Iraq or the campaign plan for Afghanistan,
     as the case may be, is substantially updated or altered.
       (d) Exception.--If the Comptroller General determines that
     a report submitted to Congress by the Comptroller General
     before the date of the enactment of this Act substantially
     meets the requirements of subsection (a) for the submission
     of a report on the campaign plan for Iraq or the campaign
     plan for Afghanistan, the Comptroller General shall so notify
     the congressional defense committees in writing, but shall
     provide an update of the report as required under subsection
     (c).
       (e) Termination.--
       (1) Reports on iraq.--The requirement to submit updates of
     reports on the campaign plan for Iraq under subsection (c)
     shall terminate on December 31, 2011.
       (2) Reports on afghanistan.--The requirement to submit
     updates of reports on the campaign plan for Afghanistan under
     subsection (c) shall terminate on September 30, 2012.

     SEC. 1217. REQUIRED ASSESSMENTS OF UNITED STATES EFFORTS IN
                   AFGHANISTAN.

       (a) Assessments Required.--Not later than 180 days after
     the date of the enactment of this Act, and every 180 days
     thereafter, the President shall conduct an assessment, which
     shall be not more than 30 days in duration, of the progress
     toward defeating al Qa'ida and its affiliated networks and
     extremist allies and preventing the establishment of safe
     havens in Afghanistan for al Qa'ida and its affiliated
     networks and extremist allies.
       (b) Areas to Be Assessed.--In carrying out subsection (a),
     the President should assess progress in the following areas:
       (1) Ending the ability of the Taliban, al Qa'ida, and other
     anti-government elements--
       (A) to establish control over the population of Afghanistan
     or regions of Afghanistan;
       (B) to establish safe havens in Afghanistan; and
       (C) to conduct attacks inside or outside Afghanistan.
       (2) Spreading legitimate and functional governance.
       (3) Spreading the rule of law.
       (4) Improving the legal economy of Afghanistan.
       (5) Other areas the President determines to be important.
       (c) Requirement to Develop Goals and Timelines.--For each
     area required to be assessed under subsection (b), the
     President, in consultation with the Government of Afghanistan
     and the governments of other countries the President
     determines to be necessary, shall establish goals for each
     area and timelines for meeting such goals.
       (d) Metrics.--The President shall develop metrics that
     allows for the accurate and thorough assessment of progress
     toward each goal

[[Page H7308]]

     and along each timeline required under subsection (c).
       (e) Report Required.--
       (1) In general.--Not later than 30 days after the
     completion of each assessment required under subsection (a),
     the President shall transmit to Congress a report on the
     assessment.
       (2) Elements.--The report required under paragraph (1)
     should include, at a minimum, the following elements:
       (A) The results of the assessment of--
       (i) the progress of the government and people of
     Afghanistan, with the assistance of the international
     community, in each area required to be assessed under
     subsection (b); and
       (ii) the effectiveness of United States efforts to assist
     the government and people of Afghanistan to make progress in
     each area required to be assessed under subsection (b).
       (B) A description of the goals and timelines for meeting
     such goals required under subsection (c).
       (C) A description of the metrics required to be developed
     under subsection (d) and how such metrics were used to assess
     progress in each area required to be assessed under
     subsection (b).
       (3) Form.--The report required under paragraph (1) shall be
     transmitted in unclassified form, but may contain a
     classified annex if necessary.
       (f) Sunset.--The requirement to conduct assessments under
     subsection (a) shall not apply beginning on the date that is
     5 years after the date of the enactment of this Act.

     SEC. 1218. REPORT ON RESPONSIBLE REDEPLOYMENT OF UNITED
                   STATES ARMED FORCES FROM IRAQ.

       (a) Report Required.--Not later than 90 days after the date
     of the enactment of this Act, or December 31, 2009, whichever
     occurs later, and every 90 days thereafter, the Secretary of
     Defense shall submit to the appropriate congressional
     committees a report concerning the responsible redeployment
     of United States Armed Forces from Iraq in accordance with
     the policy announced by the President on February 27, 2009,
     and the Agreement Between the United States of America and
     the Republic of Iraq On the Withdrawal of United States
     Forces From Iraq and the Organization of Their Activities
     During Their Temporary Presence in Iraq.
       (b) Elements.--The report required under subsection (a)
     shall include the following elements:
       (1) The number of United States military personnel in Iraq
     by service and component for each month of the preceding 90-
     day period and an estimate of the personnel levels in Iraq
     for the 90-day period following submission of the report.
       (2) The number and type of military installations in Iraq
     occupied by 100 or more United States military personnel and
     the number of such military installations closed,
     consolidated, or transferred to the Government of Iraq in the
     preceding 90-day period.
       (3) An estimate of the number of military vehicles,
     containers of equipment, tons of ammunition, or other
     significant items belonging to the Department of Defense
     removed from Iraq during the preceding 90-day period, an
     estimate of the remaining amount of such items belonging to
     the Department of Defense, and an assessment of the
     likelihood of successfully removing, demilitarizing, or
     otherwise transferring all items belonging to the Department
     of Defense from Iraq on or before December 31, 2011.
       (4) An assessment of United States detainee operations and
     releases. Such assessment should include the total number of
     detainees held by the United States in Iraq, the number of
     detainees in each threat level category, the number of
     detainees who are not nationals of Iraq, the number of
     detainees transferred to Iraqi authorities, the number of
     detainees who were released from United States custody and
     the reasons for their release, and the number of detainees
     who having been released in the past were recaptured or had
     their remains identified planning or after carrying out
     attacks on United States or Coalition forces.
       (5) A listing of the objective and subjective factors
     utilized by the commander of Multi-National Force-Iraq,
     including any changes to that list in the case of an update
     to the report, to determine risk levels associated with the
     drawdown of United States Armed Forces, and the process and
     timing that will be utilized by the commander of Multi-
     National Force-Iraq and the Secretary of Defense to assess
     risk and make recommendations to the President about either
     continuing the redeployment of United States Armed Forces
     from Iraq in accordance with the schedule announced by the
     President or modifying the pace or timing of that
     redeployment.
       (c) Inclusion in Other Reports.--The report required under
     subsection (a) and any updates to the report may be included
     in any other required report on Iraq submitted to Congress by
     the Secretary of Defense.
       (d) Form.--The report required under subsection (a),
     whether or not included in another report on Iraq submitted
     to Congress by the Secretary of Defense, may include a
     classified annex.
       (e) Appropriate Congressional Committees.--In this section,
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Armed Services, the Committee on
     Foreign Relations, the Select Committee on Intelligence, and
     the Committee on Appropriations of the Senate; and
       (2) the Committee on Armed Services, the Committee on
     Foreign Affairs, the Permanent Select Committee on
     Intelligence, and the Committee on Appropriations of the
     House of Representatives.

     SEC. 1219. REPORT ON AFGHAN PUBLIC PROTECTION PROGRAM.

       (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 on
     the Afghan Public Protection Program (in this section
     referred to as the ``program'').
       (b) Matters to Be Included.--The report required under
     subsection (a) shall include the following elements:
       (1) An assessment of the program in the initial pilot
     districts in Afghanistan, including, at a minimum, the
     following elements:
       (A) An evaluation of the changes in security conditions in
     the initial pilot districts from the program's inception to
     the date of the report.
       (B) The extent to which the forces developed under the
     program in the initial pilot districts are generally
     representative of the ethnic groups in the respective
     districts.
       (C) If the forces developed under the program are
     appropriately representative of the geographic area of
     responsibility.
       (D) An assessment of the views of the local communities, to
     include both Afghan national, provincial, and district
     governmental officials and leaders of the local communities,
     of the successes and failures of the program.
       (E) Any formal reviews of the program that are planned for
     the future and the timelines on which the reviews would be
     conducted, by whom the reviews would be conducted, and the
     criteria that would be used.
       (F) The selection criteria that were used to select members
     of the program in the initial pilot districts and how the
     members were vetted.
       (G) The costs to the Department of Defense to support the
     program in the initial pilot districts, to include any
     Commanders' Emergency Response Program funds spent as formal
     or informal incentives.
       (H) The roles of the Afghanistan National Security Forces
     (ANSF) in supporting and training forces under the program.
       (I) Any other criteria used to evaluate the program in the
     initial pilot districts by the Commander of United States
     Forces-Afghanistan.
       (2) An assessment of the future of the program, including,
     at a minimum, the following elements:
       (A) A description of the goals and objectives expected to
     be met by the expansion of the program.
       (B) A description of how such an expansion supports the
     functions of the Afghan National Police.
       (C) A description of how the decision will be made whether
     to expand the program outside the initial pilot districts and
     the criteria that will be used to make that decision.
       (D) A description of how districts or provinces outside of
     the initial pilot districts will be chosen to participate in
     the program, including an explanation of the following:
       (i) What mechanisms the Government of Afghanistan will use
     to select additional districts or provinces, including
     participants in the decision process and the criteria used.
       (ii) How the views of relevant United States Government
     departments and agencies will be taken into account by the
     Government of Afghanistan when choosing districts or
     provinces to participate in the program.
       (iii) How the views of other North Atlantic Treaty
     Organization (NATO) International Security Assistance Force
     (ISAF) Coalition partners will be taken into account during
     the decision process.
       (iv) What process will be used to evaluate any changes to
     the program as executed in the initial pilot districts to
     account for different or unique circumstances in additional
     areas of expansion.
       (E) An assessment of personnel or assets of the Department
     of Defense that would likely be required to support any
     expansion of the program, including a description of the
     following:
       (i) Any requirement for personnel to train or mentor
     additional forces developed under the program or to train
     additional members of the ANSF to train forces under the
     program.
       (ii) Any Department of Defense funding that would be
     provided to support additional forces under the program.
       (iii) Any assistance that would reasonably be required to
     assist the Government of Afghanistan manage any additional
     forces developed under the program.
       (F) A description of the formal process, led by the
     Government of Afghanistan, that will be used to evaluate the
     program, including a description of the following:
       (i) A listing of the criteria that are expected to be
     considered in the process.
       (ii) The roles in the process of--

       (I) the Government of Afghanistan;
       (II) relevant United States Government departments and
     agencies;
       (III) NATO-ISAF Coalition partners;
       (IV) nongovernmental representatives of the people of
     Afghanistan; and
       (V) any other appropriate individuals and entities.

       (G) If members of the forces developed under the program
     will be transitioned to the ANSF or to other employment in
     the future, a description of--
       (i) the process that will be used to transition the forces;
       (ii) additional training that may be required;
       (iii) how decisions will be made to transition the forces
     to the ANSF or other employment; and
       (iv) any other relevant information.
       (H) The Afghan chain of command that will be used to
     implement the program and provide command and control over
     the units created by the program.

     SEC. 1220. UPDATES OF REPORT ON COMMAND AND CONTROL STRUCTURE
                   FOR MILITARY FORCES OPERATING IN AFGHANISTAN.

       Section 1216(d) of the Duncan Hunter National Defense
     Authorization Act for Fiscal Year 2009 (Public Law 110-417;
     122 Stat. 4634) is

[[Page H7309]]

     amended by adding at the end the following new sentence:
     ``Any update of the report required under subsection (c) may
     be included in the report required under section 1230 of the
     National Defense Authorization Act for Fiscal Year 2008
     (Public Law 110-181; 122 Stat. 385).''.

     SEC. 1221. REPORT ON PAYMENTS MADE BY UNITED STATES ARMED
                   FORCES TO RESIDENTS OF AFGHANISTAN AS
                   COMPENSATION FOR LOSSES CAUSED BY UNITED STATES
                   MILITARY OPERATIONS.

       (a) Report Required.--Not later than 180 days after the
     date of the enactment of this Act, and every 180 days
     thereafter, the Secretary of Defense shall submit to the
     congressional defense committees a report on payments made by
     United States Armed Forces to residents of Afghanistan as
     compensation for losses caused by United States military
     operations.
       (b) Matters to Be Included.--The report required under
     subsection (a) shall include--
       (1) the total amount of funds provided for losses caused by
     United States military operations;
       (2) a breakdown of the number of payments by type, to
     include--
       (A) compensation for the death of a noncombatant Afghan
     resident;
       (B) compensation for the injury of a noncombatant Afghan
     resident;
       (C) compensation for property damage caused during combat
     operations or noncombat operations; and
       (D) any other category for which compensation was paid by
     United States Armed Forces; and
       (3) the average amount of compensation for each type of
     payment described in paragraph (2).
       (c) Scope of Report.--The initial report required under
     subsection (a) shall include the information required under
     subsection (b) for the 5-year period ending on the date of
     submission of the initial report and each update of the
     report required under subsection (a) shall include the
     information required under subsection (b) for the period
     since the submission of last report.
       (d) Termination.--The requirement to submit reports under
     subsection (a) shall terminate on September 30, 2012.

     SEC. 1222. ASSESSMENT AND REPORT ON UNITED STATES-PAKISTAN
                   MILITARY RELATIONS AND COOPERATION.

       (a) Assessment Required.--The Secretary of Defense, in
     consultation with the Secretary of State, shall conduct an
     assessment of possible alternatives to reimbursements to
     Pakistan for logistical, military, or other support provided
     by Pakistan to or in connection with United States military
     operations, which could encourage the Pakistani military to
     undertake counterterrorism and counterinsurgency operations
     and achieve the goals and objectives for long-term United
     States-Pakistan military relations and cooperation.
       (b) Report.--Not later than 180 days after the date of the
     enactment of this Act, the Secretary of Defense shall submit
     to the appropriate congressional committees a report on the
     assessment required under subsection (a).
       (c) Form.--The report required under subsection (b) shall
     be submitted in unclassified form, but may include a
     classified annex if necessary.
       (d) Appropriate Congressional Committees Defined.--In this
     section, the term ``appropriate congressional committees''
     means--
       (1) the Committee on Armed Services, the Committee on
     Foreign Affairs, and the Committee on Appropriations of the
     House of Representatives; and
       (2) the Committee on Armed Services, the Committee on
     Foreign Relations, and the Committee on Appropriations of the
     Senate.

     SEC. 1223. REQUIRED ASSESSMENTS OF PROGRESS TOWARD SECURITY
                   AND STABILITY IN PAKISTAN.

       (a) Assessments Required.--Not later than 180 days after
     the date of the enactment of this Act, and every 180 days
     thereafter, the President shall conduct an assessment, which
     shall be not more than 30 days in duration, of the progress
     toward long-term security and stability in Pakistan.
       (b) Areas to Be Assessed.--In carrying out subsection (a),
     the President should assess--
       (1) the effectiveness of efforts--
       (A) to disrupt, dismantle, and defeat al Qa'ida, its
     affiliated networks, and other extremist forces in Pakistan;
       (B) to eliminate the safe havens for such forces in
     Pakistan; and
       (C) to prevent the return of such forces to Pakistan or
     Afghanistan; and
       (2) the effectiveness of United States security assistance
     to Pakistan to achieve the strategic goal described in
     paragraph (1).
       (c) Requirement to Develop Goals and Objectives and
     Timelines.--For any area assessed under subsection (b), the
     President, in consultation with the Government of Pakistan
     and the governments of other countries the President
     determines to be necessary, shall establish goals and
     objectives and timelines for meeting such goals and
     objectives.
       (d) Requirement to Develop Metrics.--The President shall
     develop metrics that allow for the accurate and thorough
     assessment of progress toward each goal and objective and
     along each timeline required under subsection (c).
       (e) Report Required.--
       (1) In general.--Not later than 30 days after the
     completion of each assessment required under subsection (a),
     the President shall transmit to Congress a report on the
     assessment.
       (2) Elements.--The report required under paragraph (1)
     should include, at a minimum, the following elements:
       (A) The results of the assessment required under subsection
     (a).
       (B) A description of the goals and objectives and timelines
     for meeting such goals and objectives required under
     subsection (c).
       (C) A description of the metrics required to be developed
     under subsection (d) and how such metrics were used to assess
     progress in each area required to be assessed under
     subsection (b).
       (3) Form.--The report required under paragraph (1) shall be
     transmitted in unclassified form, but may contain a
     classified annex if necessary.
       (f) Sunset.--The requirement to conduct assessments under
     subsection (a) shall not apply beginning on the date that is
     5 years after the date of the enactment of this Act.

     SEC. 1224. REPEAL OF GAO WAR-RELATED REPORTING REQUIREMENT.

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

     SEC. 1225. PLAN TO GOVERN THE DISPOSITION OF SPECIFIED
                   DEFENSE ITEMS IN IRAQ.

       (a) Plan Required.--The Secretary of Defense shall prepare
     a plan to govern the disposition of specified defense items
     in Iraq.
       (b) Elements of Plan.--The plan required under subsection
     (a) shall, at a minimum, address the following elements:
       (1) The identification of an individual, position, or
     office that will be responsible for making recommendations to
     the Secretary of Defense regarding the disposition of
     specified defense items in Iraq.
       (2) A mechanism for conducting a thorough inventory of
     specified defense items in Iraq owned by the Department of
     Defense, including specified defense items in Iraq that are
     operated by contractors.
       (3) A mechanism for soliciting input regarding potential
     requirements for specified defense items in Iraq. Such
     potential requirements may include--
       (A) use in other overseas contingency operations involving
     the Armed Forces;
       (B) use to reset the Armed Forces;
       (C) use by other United States combatant commanders to
     enhance their capability to carry out missions in their
     respective combatant commands;
       (D) use to refill prepositioned stocks;
       (E) transfer to the security forces of Iraq or Afghanistan;
     and
       (F) use by other Federal departments and agencies or
     political subdivisions of the United States.
       (4) A mechanism for identifying specified defense items in
     Iraq that are not economically viable to remove from Iraq or
     which are not needed to meet other requirements, and for
     soliciting and evaluating proposals for the disposition of
     those items.
       (5) A mechanism for ensuring that the views and inputs, as
     may be required by law, of other Federal departments and
     agencies are taken into account.
       (c) Report Required.--The Secretary of Defense shall submit
     to the congressional defense committees a report outlining
     the plan required under subsection (a) and including the
     elements required under subsection (b). The report shall
     further include an assessment of current authorities for the
     disposition of equipment and recommendations about changes to
     such authorities that the Secretary determines to be
     necessary. The report required under this subsection shall be
     submitted not later than the date of submission to Congress
     of the President's budget for fiscal year 2011 pursuant to
     section 1105(a) of title 31, United States Code.
       (d) Review by the Comptroller General.--Not later than 60
     days after the date of submission of the report required
     under subsection (c), the Comptroller General of the United
     States shall submit to the congressional defense committees a
     review of the plan required under subsection (a) and the
     recommendations of the Secretary of Defense contained in the
     report required under subsection (c).
       (e) Rule of Construction.--Nothing in this section shall be
     construed to authorize the transfer of specified defense
     items in Iraq to any entity outside the Department of Defense
     except pursuant to relevant laws currently in force.
       (f) Specified Defense Items in Iraq Defined.--In this
     section, the term ``specified defense items in Iraq''
     includes major end items and tactical equipment items owned
     by the Department of Defense that are present in Iraq as of
     the date of enactment of this Act and are no longer required
     to support United States military operations in Iraq.

     SEC. 1226. CIVILIAN MINISTRY OF DEFENSE ADVISOR PROGRAM.

       (a) Authority.--The Secretary of Defense, with the
     concurrence of the Secretary of State, may provide civilian
     advisors to senior civilian and military officials of the
     Governments of Iraq and Afghanistan for the purpose of
     providing institutional, ministerial-level advice and other
     training to such officials in support of stabilization
     efforts and United States military operations in those
     countries.
       (b) Formulation of Advice and Training Program.--The
     Secretary of Defense and the Secretary of State shall jointly
     formulate any program to provide advice and training under
     subsection (a).
       (c) Limitation.--The Secretary of Defense may not expend
     more than $13,100,000 for any fiscal year in carrying out any
     program in Iraq and Afghanistan as described in subsection
     (a).

[[Page H7310]]

       (d) Additional Authority.--The authority to provide
     assistance under this section is in addition to any other
     authority to provide assistance to foreign nations or forces.
       (e) Termination of Authority.--The authority to provide
     assistance under this section terminates at the close of
     September 30, 2010.

     SEC. 1227. REPORT ON THE STATUS OF INTERAGENCY COORDINATION
                   IN THE AFGHANISTAN AND OPERATION ENDURING
                   FREEDOM THEATER OF OPERATIONS.

       (a) Report Required.--Not later than 90 days after the date
     of the enactment of this Act, and every 180 days thereafter,
     the Secretary of Defense and the Secretary of State shall
     submit to the appropriate congressional committees a report
     on the status of interagency coordination in the Afghanistan
     and Operation Enduring Freedom theater of operations.
       (b) Matters to Be Included.--The report required under
     subsection (a) shall include a description of the following:
       (1) The staffing structure of United States-led Provincial
     Reconstruction Teams (PRTs) in Afghanistan, including the
     roles of members of the Armed Forces, the roles of non-Armed
     Forces personnel, and unfilled staffing, training, and
     resource needs.
       (2) The use of members of the Armed Forces for
     reconstruction, development, and capacity building programs
     outside the jurisdiction of the Department of Defense.
       (3) Coordination between United States-led and NATO ISAF-
     led programs to develop the capacity of national, provincial,
     and local government and other civil institutions as well as
     reconstruction and development activities in Afghanistan.
       (4) Unfilled staffing and resource requirements for
     reconstruction, development, and civil institution capacity
     building programs.
       (c) Appropriate Congressional Committees Defined.--In this
     section, the term ``appropriate congressional committees''
     means--
       (1) the Committee on Armed Services, the Committee on
     Appropriations, and the Committee on Foreign Affairs of the
     House of Representatives; and
       (2) the Committee on Armed Services, the Committee on
     Appropriations, and the Committee on Foreign Relations of the
     Senate.

     SEC. 1228. SENSE OF CONGRESS SUPPORTING UNITED STATES POLICY
                   FOR AFGHANISTAN.

       It is the sense of Congress that--
       (1) Afghanistan is a central front in the global struggle
     against al Qa'ida and its affiliated networks;
       (2) the United States has a vital national security
     interest in ensuring that Afghanistan does not revert back to
     its pre-September 11, 2001, status and become a sanctuary for
     trans-national terrorists;
       (3) the President outlined a strategy for Afghanistan and
     Pakistan on March 27, 2009, that is rightly focused on
     disrupting, dismantling, and defeating al Qa'ida and its
     affiliated networks and their safe havens;
       (4) the implementation of the President's strategy requires
     a long-term, integrated civilian-military counterinsurgency
     strategy and a sustained, substantial commitment of military
     resources to Afghanistan;
       (5) as part of such an effort, the President should
     continue to provide United States military commanders with
     the forces requested to conduct combat operations and to
     train and mentor Afghan security forces; and
       (6) in support of the President's strategy, Congress should
     ensure that United States military commanders in Afghanistan
     have the necessary funding and resources to succeed.

     SEC. 1229. ANALYSIS OF REQUIRED FORCE LEVELS AND TYPES OF
                   FORCES NEEDED TO SECURE SOUTHERN AND EASTERN
                   REGIONS OF AFGHANISTAN.

       (a) Study Required.--At the request of the Commander of
     United States Forces for Afghanistan (USFOR-A), the Secretary
     of Defense shall enter into a contract with a Federally
     Funded Research Development Center (FFRDC) to provide
     analysis and support to the commander to assist with
     analyzing the required force levels and types of forces
     needed to secure the southern and eastern regions of
     Afghanistan in an effort to provide a space for the
     government of Afghanistan to establish effective government
     control and provide the Afghan security forces with the
     required training and mentoring.
       (b) Funding.--Of the amount authorized to be appropriated
     for Defense-wide operation and maintenance in section 301(5),
     $3,000,000 may be used to carry out subsection (a).

                       Subtitle C--Other Matters

     SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION CENTER.

       (a) Authorization.--Of the amounts authorized to be
     appropriated for fiscal year 2010 pursuant to section 301(1)
     for operation and maintenance for the Army, to be derived
     from amounts made available for support of North Atlantic
     Treaty Organization (hereinafter in this section referred to
     as ``NATO'') operations, the Secretary of Defense is
     authorized to use up to $30,000,000 for the purposes set
     forth in subsection (b).
       (b) Purposes.--The Secretary shall provide funds for the
     NATO Special Operations Coordination Center (hereinafter in
     this section referred to as the ``NSCC'') to--
       (1) improve coordination and cooperation between the
     special operations forces of NATO nations;
       (2) facilitate joint operations by the special operations
     forces of NATO nations;
       (3) support special operations forces peculiar command,
     control, and communications capabilities;
       (4) promote special operations forces intelligence and
     informational requirements within the NATO structure; and
       (5) promote interoperability through the development of
     common equipment standards, tactics, techniques, and
     procedures, and through execution of a multinational
     education and training program.
       (c) Certification.--Not less than 180 days after the date
     of enactment of this Act, the Secretary shall certify to the
     Committees on Armed Services of the Senate and House of
     Representatives that the Secretary of Defense has assigned
     executive agent responsibility for the NSCC to an appropriate
     organization within the Department of Defense, and detail the
     steps being undertaken by the Department of Defense to
     strengthen the role of the NSCC in fostering special
     operations capabilities within NATO.

     SEC. 1232. ANNUAL REPORT ON MILITARY POWER OF THE ISLAMIC
                   REPUBLIC OF IRAN.

       (a) Annual Report.--Not later than March 1 of each year,
     the Secretary of Defense shall submit to the appropriate
     congressional committees a report, in both classified and
     unclassified form, on the current and future military
     strategy of the Islamic Republic of Iran. The report shall
     address the current and probable future course of military
     developments on Iran's Army, Air Force, Navy and the Iranian
     Revolutionary Guard Corps, and the tenets and probable
     development of Iran's grand strategy, security strategy, and
     military strategy, and of military organizations and
     operational concepts.
       (b) Matters to Be Included.--The report required under
     subsection (a) shall include at least the following elements:
       (1) As assessment of Iranian grand strategy, security
     strategy, and military strategy, including the following:
       (A) The goals of Iran's grand strategy, security strategy,
     and military strategy.
       (B) Trends in Iran's strategy that would be designed to
     establish Iran as the leading power in the Middle East and to
     enhance the influence of Iran in other regions of the world.
       (C) The security situation in the Persian Gulf and the
     Levant.
       (D) Iranian strategy regarding other countries in the
     region, including Israel, Lebanon, Iraq, Afghanistan, Saudi
     Arabia, Turkey, Bahrain, Kuwait, the United Arab Emirates,
     Armenia, and Azerbaijan.
       (2) An assessment of the capabilities of Iran's
     conventional forces, including the following:
       (A) The size, location, and capabilities of Iran's
     conventional forces.
       (B) A detailed analysis of Iran's forces facing United
     States forces in the region and other countries in the
     region, including Israel, Lebanon, Iraq, Afghanistan, Saudi
     Arabia, Turkey, Bahrain, Kuwait, the United Arab Emirates,
     Armenia, and Azerbaijan.
       (C) Major developments in Iranian military doctrine.
       (D) An estimate of the funding provided for each branch of
     Iran's conventional forces.
       (3) An assessment of Iran's unconventional forces,
     including the following:
       (A) The size and capability of Iranian special operations
     units, including the Iranian Revolutionary Guard Corps-Quds
     Force.
       (B) The types and amount of support provided to groups
     designated by the United States as terrorist organizations,
     including Hezbollah, Hamas, and the Special Groups in Iraq,
     in particular those forces as having been assessed as to be
     willing to carry out terrorist operations on behalf of Iran
     or in response to a military attack by another country on
     Iran.
       (C) A detailed analysis of Iran's unconventional forces
     facing United States forces in the region and other countries
     in the region, including Israel, Lebanon, Iraq, Afghanistan,
     Saudi Arabia, Turkey, Bahrain, Kuwait, the United Arab
     Emirates, Armenia, and Azerbaijan.
       (D) An estimate of the amount of funds spent by Iran to
     develop and support special operations forces and terrorist
     groups.
       (4) An assessment of Iranian capabilities related to
     nuclear and missile forces, including the following:
       (A) A summary of nuclear capabilities and developments in
     the preceding year, including the location of major
     facilities believed to be involved in a nuclear weapons
     program.
       (B) A summary of the capabilities of Iran's strategic
     missile forces, including the size of the Iranian strategic
     missile arsenal and the locations of missile launch sites.
       (C) A detailed analysis of Iran's strategic missile forces
     facing United States forces in the region and other countries
     in the region, including Israel, Lebanon, Iraq, Afghanistan,
     Saudi Arabia, Turkey, Bahrain, Kuwait, the United Arab
     Emirates, Armenia, and Azerbaijan.
       (D) An estimate of the amount of funding expended by Iran
     on programs to develop a capability to build nuclear weapons
     or to enhance Iran's strategic missile capability.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on
     Foreign Relations, the Select Committee on Intelligence, and
     the Committee on Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on
     Foreign Affairs, the Permanent Select Committee on
     Intelligence, and the Committee on Appropriations of the
     House of Representatives.
       (2) Iran's conventional forces.--The term ``Iran's
     conventional forces''--
       (A) means military forces of the Islamic Republic of Iran
     designed to conduct operations on sea, air, or land, other
     than Iran's unconventional forces and Iran's strategic
     missile forces; and
       (B) includes Iran's Army, Iran's Air Force, Iran's Navy,
     and elements of the Iranian Revolutionary Guard Corps, other
     than the Iranian Revolutionary Guard Corps-Quds Force.
       (3) Iran's unconventional forces.--The term ``Iran's
     unconventional forces''--

[[Page H7311]]

       (A) means forces of the Islamic Republic of Iran that carry
     out missions typically associated with special operations
     forces; and
       (B) includes--
       (i) the Iranian Revolutionary Guard Corps-Quds Force; and
       (ii) any organization that--

       (I) has been designated a terrorist organization by the
     United States;
       (II) receives assistance from Iran; and
       (III)(aa) is assessed as being willing in some or all cases
     of carrying out attacks on behalf of Iran; or
       (bb) is assessed as likely to carry out attacks in response
     to a military attack by another country on Iran.

       (4) Iran's strategic missile forces.--The term ``Iran's
     strategic missile forces'' means those elements of the
     military forces of the Islamic Republic of Iran that employ
     missiles capable of flights in excess of 500 kilometers.

     SEC. 1233. ANNUAL REPORT ON MILITARY AND SECURITY
                   DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF
                   CHINA.

       (a) Annual Report.--Subsection (a) of section 1202 of the
     National Defense Authorization Act for Fiscal Year 2000
     (Public Law 106-65; 113 Stat. 781; 10 U.S.C. 113 note) is
     amended--
       (1) in the first sentence, by striking ``on the current and
     future military strategy of the People's Republic of China''
     and inserting ``on military and security developments
     involving the People's Republic of China'';
       (2) in the second sentence--
       (A) by striking ``on the People's Liberation Army'' and
     inserting ``of the People's Liberation Army''; and
       (B) by striking ``Chinese grand strategy, security
     strategy,'' and inserting ``Chinese security strategy''; and
       (3) by adding at the end the following new sentence: ``The
     report shall also address United States-China engagement and
     cooperation on security matters during the period covered by
     the report, including through United States-China military-
     to-military contacts, and the United States strategy for such
     engagement and cooperation in the future.''.
       (b) Matters to Be Included.--Subsection (b) of such
     section, as amended by section 1263 of the National Defense
     Authorization Act for Fiscal Year 2008 (Public Law 110-181;
     122 Stat. 407), is further amended--
       (1) in paragraph (1)--
       (A) by striking ``goals of'' inserting ``goals and factors
     shaping''; and
       (B) by striking ``Chinese grand strategy, security
     strategy,'' and inserting ``Chinese security strategy'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) Trends in Chinese security and military behavior that
     would be designed to achieve, or that are inconsistent with,
     the goals described in paragraph (1).'';
       (3) in paragraph (6)--
       (A) by inserting ``and training'' after ``military
     doctrine''; and
       (B) by striking ``, focusing on (but not limited to)
     efforts to exploit a transformation in military affairs or to
     conduct preemptive strikes''; and
       (4) by adding at the end the following new paragraphs:
       ``(10) In consultation with the Secretary of Energy and the
     Secretary of State, developments regarding United States-
     China engagement and cooperation on security matters.
       ``(11) The current state of United States military-to-
     military contacts with the People's Liberation Army, which
     shall include the following:
       ``(A) A comprehensive and coordinated strategy for such
     military-to-military contacts and updates to the strategy.
       ``(B) A summary of all such military-to-military contacts
     during the period covered by the report, including a summary
     of topics discussed and questions asked by the Chinese
     participants in those contacts.
       ``(C) A description of such military-to-military contacts
     scheduled for the 12-month period following the period
     covered by the report and the plan for future contacts.
       ``(D) The Secretary's assessment of the benefits the
     Chinese expect to gain from such military-to-military
     contacts.
       ``(E) The Secretary's assessment of the benefits the
     Department of Defense expects to gain from such military-to-
     military contacts, and any concerns regarding such contacts.
       ``(F) The Secretary's assessment of how such military-to-
     military contacts fit into the larger security relationship
     between the United States and the People's Republic of China.
       ``(12) Other military and security developments involving
     the People's Republic of China that the Secretary of Defense
     considers relevant to United States national security.''.
       (c) Conforming Amendment.--Such section is further amended
     in the heading by striking ``MILITARY POWER OF'' and
     inserting ``MILITARY AND SECURITY DEVELOPMENTS INVOLVING''.
       (d) Repeals.--Section 1201 of the National Defense
     Authorization Act for Fiscal Year 2000 (Public Law 106-65;
     113 Stat. 779; 10 U.S.C. 168 note) is amended by striking
     subsections (e) and (f).
       (e) Effective Date.--
       (1) In general.--The amendments made by this section shall
     take effect on the date of the enactment of this Act, and
     shall apply with respect to reports required to be submitted
     under subsection (a) of section 1202 of the National Defense
     Authorization Act for Fiscal Year 2000, as so amended, on or
     after that date.
       (2) Strategy and updates for military-to-military contacts
     with people's liberation army.--The requirement to include
     the strategy described in paragraph (11)(A) of section
     1202(b) of the National Defense Authorization Act for Fiscal
     Year 2000, as so amended, in the report required to be
     submitted under section 1202(a) of such Act, as so amended,
     shall apply with respect to the first report required to be
     submitted under section 1202(a) of such Act on or after the
     date of the enactment of this Act. The requirement to include
     updates to such strategy shall apply with respect to each
     subsequent report required to be submitted under section
     1202(a) of such Act on or after the date of the enactment of
     this Act.

     SEC. 1234. REPORT ON IMPACTS OF DRAWDOWN AUTHORITIES ON THE
                   DEPARTMENT OF DEFENSE.

       (a) Report Required.--The Secretary of Defense shall submit
     to the congressional defense committees and the Committee on
     Foreign Affairs of the House of Representatives and the
     Committee on Foreign Relations of the Senate an annual
     report, in unclassified form but with a classified annex if
     necessary, on the impacts of drawdown authorities on the
     Department of Defense. The report required under this
     subsection shall be submitted concurrent with the budget
     submitted to Congress by the President pursuant to section
     1105(a) of title 31, United States Code.
       (b) Elements of Report.--The report required under
     subsection (a) shall contain the following elements:
       (1) A list of each drawdown for which a presidential
     determination was issued in the preceding year.
       (2) A summary of the types and quantities of equipment that
     was provided under each drawdown in the preceding year.
       (3) The cost to the Department of Defense to replace any
     equipment transferred as part of each drawdown, not including
     any depreciation, in the preceding year.
       (4) The cost to the Department of Defense of any other
     item, including fuel or services, transferred as part of each
     drawdown in the preceding year.
       (5) The total amount of funds transferred under each
     drawdown in the preceding year.
       (6) A copy of any statement of impact on readiness or
     statement of impact on operations and maintenance that any
     military service furnished as part of the process of
     developing a drawdown package in the preceding year.
       (7) An assessment by the Secretary of Defense and the
     Chairman of the Joint Chiefs of Staff of the impact of
     transfers carried out as part of drawdowns in the previous
     year on--
       (A) the ability of the Armed Forces to meet the
     requirements of ongoing overseas contingency operations;
       (B) the level of risk associated with the ability of the
     Armed Forces to execute the missions called for under the
     National Military Strategy as described in section 153(b) of
     title 10, United States Code;
       (C) the ability of the Armed Forces to reset from current
     contingency operations;
       (D) the ability of both the active and Reserve forces to
     conduct necessary training; and
       (E) the ability of the Reserve forces to respond to
     domestic emergencies.
       (c) Definitions.--In this section:
       (1) Drawdown.--The term ``drawdown'' means any transfer or
     package of transfers of equipment, services, fuel, funds or
     any other items carried out pursuant to a presidential
     determination issued under a drawdown authority.
       (2) Drawdown authority.--The term ``drawdown authority''
     means an authority under--
       (A) section 506(a) (1) or (2) of the Foreign Assistance Act
     of 1961 (22 U.S.C. 2318(a) (1) or (2));
       (B) section 552(c)(2) of the Foreign Assistance Act of 1961
     (22 U.S.C. 2348a(c)(2)); or
       (C) any other substantially similar provision of law.

     SEC. 1235. RISK ASSESSMENT OF UNITED STATES SPACE EXPORT
                   CONTROL POLICY.

       (a) Assessment Required.--The Secretary of Defense and the
     Secretary of State shall carry out an assessment of the
     national security risks of removing satellites and related
     components from the United States Munitions List.
       (b) Matters to Be Included.--The assessment required under
     subsection (a) shall included the following matters:
       (1) A review of the space and space-related technologies
     currently on the United States Munitions List, to include
     satellite systems, dedicated subsystems, and components.
       (2) An assessment of the national security risks of
     removing certain space and space-related technologies
     identified under paragraph (1) from the United States
     Munitions List.
       (3) An examination of the degree to which other nations'
     export control policies control or limit the export of space
     and space-related technologies for national security reasons.
       (4) Recommendations for--
       (A) the space and space-related technologies that should
     remain on, or may be candidates for removal from, the United
     States Munitions List based on the national security risk
     assessment required paragraph (2);
       (B) the safeguards and verifications necessary to--
       (i) prevent the proliferation and diversion of such space
     and space-related technologies;
       (ii) confirm appropriate end use and end users; and
       (iii) minimize the risk that such space and space-related
     technologies could be used in foreign missile, space, or
     other applications that may pose a threat to the security of
     the United States; and
       (C) improvements to the space export control policy and
     processes of the United States that do not adversely affect
     national security.
       (c) Consultation.--In conducting the assessment required
     under subsection (a), the Secretary of Defense and the
     Secretary of State may consult with the heads of other
     relevant departments and agencies of the United States
     Government as the Secretaries determine is necessary.
       (d) Report.--Not later than 180 days after the date of the
     enactment of this Act, the Secretary of Defense and the
     Secretary of State shall submit to the congressional defense
     committees and

[[Page H7312]]

     the Committee on Foreign Affairs of the House of
     Representatives and the Committee on Foreign Relations of the
     Senate a report on the assessment required under subsection
     (a). The report shall be in unclassified form but may include
     a classified annex.
       (e) Definition.--In this section, the term ``United States
     Munitions List'' means the list referred to in section
     38(a)(1) of the Arms Export Control Act (22 U.S.C.
     2778(a)(1)).

     SEC. 1236. PATRIOT AIR AND MISSILE DEFENSE BATTERY IN POLAND.

       Consistent with United States national security interests
     and the Declaration on Strategic Cooperation Between the
     United States of America and Republic of Poland (signed in
     Warsaw, Poland, on August 20, 2008), and subject to the
     availability of appropriations, the Secretary of Defense
     shall seek to deploy a United States Army Patriot air and
     missile defense battery and the personnel required to operate
     and maintain such battery to Poland by 2012.

     SEC. 1237. REPORT ON POTENTIAL FOREIGN MILITARY SALES OF THE
                   F-22A FIGHTER AIRCRAFT TO JAPAN.

       (a) Report Required.--Not later than 30 days after the date
     of the enactment of this Act, Secretary of Defense, in
     coordination with the Secretary of State and in consultation
     with the Secretary of the Air Force, shall submit to the
     congressional defense committees and the Committee on Foreign
     Affairs of the House of Representatives and the Committee on
     Foreign Relations of the Senate a report on potential foreign
     military sales of the F-22A fighter aircraft to the
     Government of Japan.
       (b) Matters to Be Included.--The report required under
     subsection (a) should detail--
       (1) the cost of developing an exportable version of the F-
     22A fighter aircraft to the United States Government,
     industry, and the Government of Japan;
       (2) whether an exportable version of the F-22A fighter
     aircraft is technically feasible and executable, and the
     timeline for achieving such an exportable version of the
     aircraft;
       (3) the potential strategic implication for allowing the
     sale of the F-22A fighter aircraft to Japan;
       (4) the impact of foreign military sales of the F-22A
     fighter aircraft on the United States aerospace and aviation
     industry and the benefit or drawback such sales might have on
     sustaining such industry; and
       (5) any changes to existing law needed to allow foreign
     military sales of the F-22A fighter aircraft to Japan.

     SEC. 1238. EXPANSION OF UNITED STATES-RUSSIAN FEDERATION
                   JOINT CENTER TO INCLUDE EXCHANGE OF DATA ON
                   MISSILE DEFENSE.

       (a) Expansion Authorized.--In conjunction with the
     Government of the Russian Federation, the Secretary of
     Defense may expand the United States-Russian Federation joint
     center for the exchange of data from early warning systems
     for launches of ballistic missiles, as established pursuant
     to section 1231 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-329), to include the
     exchange of data on missile defense-related activities.
       (b) Report Required.--Not later than 30 days after the date
     of the enactment of this Act, the Secretary of Defense shall
     submit to the Committees on Armed Services of the Senate and
     House of Representatives a report on plans for expansion of
     the joint data exchange center.
       (c) Authorization of Appropriations.--Of the amount
     authorized to be appropriated pursuant to section 201(1) for
     research, development, test, and evaluation for the Army,
     $5,000,000, to be derived from PE 0604869A, shall be
     available to carry out this section.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and
              funds.
Sec. 1302. Funding allocations.
Sec. 1303. Utilization of contributions to the Cooperative Threat
              Reduction Program.
Sec. 1304. National Academy of Sciences study of metrics for the
              Cooperative Threat Reduction Program.
Sec. 1305. Cooperative Threat Reduction program authority for urgent
              threat reduction activities.
Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts
              Program.

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

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

     SEC. 1302. FUNDING ALLOCATIONS.

       (a) Funding for Specific Purposes.--Of the $434,093,000
     authorized to be appropriated to the Department of Defense
     for fiscal year 2010 in section 301(20) for Cooperative
     Threat Reduction programs, the following amounts may be
     obligated for the purposes specified:
       (1) For strategic offensive arms elimination in Russia,
     $66,385,000.
       (2) For strategic nuclear arms elimination in Ukraine,
     $6,800,000.
       (3) For nuclear weapons storage security in Russia,
     $15,090,000.
       (4) For nuclear weapons transportation security in Russia,
     $46,400,000.
       (5) For weapons of mass destruction proliferation
     prevention in the states of the former Soviet Union,
     $90,886,000.
       (6) For biological threat reduction in the former Soviet
     Union, $152,132,000.
       (7) For chemical weapons destruction, $1,000,000.
       (8) For defense and military contacts, $5,000,000.
       (9) For new Cooperative Threat Reduction initiatives,
     $29,000,000.
       (10) For activities designated as Other Assessments/
     Administrative Costs, $21,400,000.
       (b) Report on Obligation or Expenditure of Funds for Other
     Purposes.--No fiscal year 2010 Cooperative Threat Reduction
     funds may be obligated or expended for a purpose other than a
     purpose listed in paragraphs (1) through (10) of subsection
     (a) until 30 days after the date that the Secretary of
     Defense submits to Congress a report on the purpose for which
     the funds will be obligated or expended and the amount of
     funds to be obligated or expended. Nothing in the preceding
     sentence shall be construed as authorizing the obligation or
     expenditure of fiscal year 2010 Cooperative Threat Reduction
     funds for a purpose for which the obligation or expenditure
     of such funds is specifically prohibited under this title or
     any other provision of law.
       (c) Limited Authority to Vary Individual Amounts.--
       (1) In general.--Subject to paragraph (2), in any case in
     which the Secretary of Defense determines that it is
     necessary to do so in the national interest, the Secretary
     may obligate amounts appropriated for fiscal year 2010 for a
     purpose listed in paragraphs (1) through (10) of subsection
     (a) in excess of the specific amount authorized for that
     purpose.
       (2) Notice-and-wait required.--An obligation of funds for a
     purpose stated in paragraphs (1) through (10) of subsection
     (a) in excess of the specific amount authorized for such
     purpose may be made using the authority provided in paragraph
     (1) only after--
       (A) the Secretary submits to Congress notification of the
     intent to do so together with a complete discussion of the
     justification for doing so; and
       (B) 15 days have elapsed following the date of the
     notification.

     SEC. 1303. UTILIZATION OF CONTRIBUTIONS TO THE COOPERATIVE
                   THREAT REDUCTION PROGRAM.

       (a) In General.--The Secretary of Defense, in consultation
     with the Secretary of State, may enter into one or more
     agreements with any person (including a foreign government,
     international organization, multinational entity, non-
     governmental organization, or individual) that the Secretary
     of Defense considers appropriate, under which the person
     contributes funds for activities conducted under the
     Cooperative Threat Reduction Program of the Department of
     Defense.
       (b) Retention and Use of Amounts.--Subject to the
     availability of appropriations, the Secretary of Defense may
     retain and use amounts contributed under an agreement under
     subsection (a) for purposes of the Cooperative Threat
     Reduction Program of the Department of Defense. Amounts so
     contributed shall be retained in a separate fund established
     in the Treasury for such purposes, subject to the
     availability of appropriations, consistent with an agreement
     under subsection (a).
       (c) Return of Amounts Not Used Within Five Years.--If an
     amount contributed under an agreement under subsection (a) is
     not used under this section within five years after it was
     contributed, the Secretary of Defense shall return that
     amount to the person who contributed it.
       (d) Quarterly Reports.--
       (1) In general.--Not later than 90 days after the date of
     the enactment of this Act, and every 90 days thereafter, the
     Secretary of Defense shall submit to the appropriate
     congressional committees a report on the receipt and use of
     amounts under this section during the period covered by the
     report. Each report shall set forth--
       (A) a statement of any amounts received under this section,
     including, for each such amount, the value of the
     contribution and the person who contributed it;
       (B) a statement of any amounts used under this section,
     including, for each such amount, the purposes for which the
     amount was used; and
       (C) a statement of the amounts retained but not used under
     this section including, for each such amount, the purposes
     (if known) for which the Secretary intends to use the amount.
       (2) Implementation plan.--In addition to the statements
     described in subparagraphs (A) through (C) of paragraph (1),
     the first report submitted under such paragraph shall include
     an implementation plan for the authority provided under this
     section.
       (e) Expiration.--The authority to accept contributions
     under this section shall expire on December 31, 2012. The
     authority to retain and use contributions under this section
     shall expire on December 31, 2015.
       (f) Appropriate Congressional Committees Defined.--In this
     section, the term ``appropriate congressional committees''
     means--
       (1) the Committee on Armed Services, the Committee on
     Appropriations, and the Committee on Foreign Affairs of the
     House of Representatives; and

[[Page H7313]]

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

     SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY OF METRICS FOR
                   THE COOPERATIVE THREAT REDUCTION PROGRAM.

       (a) Study Required.--Not later than 60 days after the date
     of the enactment of this Act, the Secretary of Defense shall
     enter into an arrangement with the National Academy of
     Sciences under which the Academy shall carry out a study to
     identify metrics to measure the impact and effectiveness of
     activities under the Cooperative Threat Reduction Program of
     the Department of Defense to address threats arising from the
     proliferation of chemical, nuclear, and biological weapons
     and weapons-related materials, technologies, and expertise.
       (b) Submission of National Academy of Sciences Report.--The
     National Academy of Sciences shall submit to Congress and the
     Secretary of Defense a report on the results of the study
     carried out under subsection (a).
       (c) Secretary of Defense Report.--
       (1) In general.--Not later than 90 days after receipt of
     the report required by subsection (b), the Secretary shall
     submit to Congress a report on the study carried out under
     subsection (a).
       (2) Matters to be included.--The report under paragraph (1)
     shall include the following:
       (A) A summary of the results of the study carried out under
     subsection (a).
       (B) An assessment by the Secretary of the study.
       (C) A statement of the actions, if any, to be undertaken by
     the Secretary to implement any recommendations in the study.
       (3) Form.--The report under paragraph (1) shall be
     submitted in unclassified form, but may include a classified
     annex.
       (d) Funding.--Of the amounts appropriated pursuant to the
     authorization of appropriations in section 301(20) or
     otherwise made available for Cooperative Threat Reduction
     Programs for fiscal year 2010, not more than $1,000,000 may
     be obligated or expended to carry out this section.

     SEC. 1305. COOPERATIVE THREAT REDUCTION PROGRAM AUTHORITY FOR
                   URGENT THREAT REDUCTION ACTIVITIES.

       (a) In General.--Subject to the notification requirement
     under subsection (b), not more than 10 percent of the total
     amounts appropriated or otherwise made available in any
     fiscal year for the Cooperative Threat Reduction Program of
     the Department of Defense may be expended, notwithstanding
     any provision of law identified pursuant to subsection
     (b)(2)(B), for activities described under subsection
     (b)(1)(A).
       (b) Determination and Notice.--
       (1) Determination.--The Secretary of Defense, in
     consultation with the Secretary of State, may make a written
     determination that--
       (A) certain activities of the Cooperative Threat Reduction
     Program of the Department of Defense are urgently needed to
     address threats arising from the proliferation of chemical,
     nuclear, and biological weapons or weapons-related materials,
     technologies, and expertise;
       (B) certain provisions of law would unnecessarily impede
     the Secretary's ability to carry out such activities; and
       (C) it is necessary to expend amounts described in
     subsection (a) to carry out such activities.
       (2) Notice required.--Not later than 15 days before
     expending funds under the authority provided in subsection
     (a), the Secretary of Defense shall notify the appropriate
     congressional committees of the determination made under
     paragraph (1). The notice shall include--
       (A) the determination;
       (B) an identification of each provision of law the
     Secretary determines would unnecessarily impede the
     Secretary's ability to carry out the activities described
     under paragraph (1)(A);
       (C) the activities of the Cooperative Threat Reduction
     Program to be undertaken pursuant to the determination;
       (D) the expected time frame for such activities; and
       (E) the expected costs of such activities.
       (c) Appropriate Congressional Committees.--In this section,
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Foreign Affairs, the Committee on
     Armed Services, and the Committee on Appropriations of the
     House of Representatives; and
       (2) the Committee on Foreign Relations, the Committee on
     Armed Services, and the Committee on Appropriations of the
     Senate.

     SEC. 1306. COOPERATIVE THREAT REDUCTION DEFENSE AND MILITARY
                   CONTACTS PROGRAM.

       The Secretary of Defense shall ensure the following:
       (1) The Defense and Military Contacts Program under the
     Cooperative Threat Reduction Program of the Department of
     Defense--
       (A) is strategically used to advance the mission of the
     Cooperative Threat Reduction Program;
       (B) is focused and expanded to support specific
     relationship-building opportunities, which could lead to
     Cooperative Threat Reduction Program development in new
     geographic areas and achieve other Cooperative Threat
     Reduction Program benefits;
       (C) is directly administered as part of the Cooperative
     Threat Reduction Program; and
       (D) includes, within an overall strategic framework,
     cooperation and coordination with--
       (i) the unified combatant commands that operate in areas in
     which Cooperative Threat Reduction activities are carried
     out; and
       (ii) related diplomatic efforts.
       (2) Beginning with fiscal year 2010, the strategy and
     activities of the Defense and Military Contacts Program, in
     accordance with this section, are included in the Cooperative
     Threat Reduction Annual Report to Congress for each fiscal
     year, as required by section 1308 of the Floyd D. Spence
     National Defense Authorization Act for fiscal year 2001 (as
     enacted into law by Public Law 106-398; 114 Stat. 1654A-341;
     22 U.S.C. 5959 note).

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Extension of previously authorized disposal of cobalt from
              National Defense Stockpile.
Sec. 1413. Report on implementation of reconfiguration of the National
              Defense Stockpile.

                Subtitle C--Armed Forces Retirement Home

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

                     Subtitle A--Military Programs

     SEC. 1401. WORKING CAPITAL FUNDS.

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

     SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

       Funds are hereby authorized to be appropriated for the
     fiscal year 2010 for the National Defense Sealift Fund in the
     amount of $1,702,758,000.

     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 $26,963,187,000, of which--
       (1) $26,292,463,000 is for Operation and Maintenance;
       (2) $493,192,000 is for Research, Development, Test, and
     Evaluation; and
       (3) $177,532,000 is for Procurement.

     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--
       (1) $1,146,802,000 is for Operation and Maintenance;
       (2) $401,269,000 is for Research, Development, Test, and
     Evaluation; and
       (3) $12,689,000 is for Procurement.
       (b) Use.--Amounts authorized to be appropriated under
     subsection (a) are authorized for--
       (1) the destruction of lethal chemical agents and munitions
     in accordance with section 1412 of the Department of Defense
     Authorization Act, 1986 (50 U.S.C. 1521); and
       (2) the destruction of chemical warfare materiel of the
     United States that is not covered by section 1412 of such
     Act.

     SEC. 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
     $1,050,984,000.

     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
     $279,224,000, of which--
       (1) $278,224,000 is for Operation and Maintenance; and
       (2) $1,000,000 is for Procurement.

                 Subtitle B--National Defense Stockpile

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

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

     SEC. 1412. EXTENSION OF PREVIOUSLY AUTHORIZED DISPOSAL OF
                   COBALT FROM NATIONAL DEFENSE STOCKPILE.

       Section 3305(a)(5) of the National Defense Authorization
     Act for Fiscal Year 1998 (Public Law

[[Page H7314]]

     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 amended by striking ``during fiscal year
     2009'' and inserting ``by the end of fiscal year 2011''.

     SEC. 1413. REPORT ON IMPLEMENTATION OF RECONFIGURATION OF THE
                   NATIONAL DEFENSE STOCKPILE.

       (a) Report Required.--Not later than 180 days after the
     date of the enactment of this Act, the Secretary of Defense
     shall submit to the Committees on Armed Services of the
     Senate and House of Representatives a report on any actions
     the Secretary plans to take in response to the
     recommendations in the April 2009 report entitled
     ``Reconfiguration of the National Defense Stockpile Report to
     Congress'' submitted by the Under Secretary of Defense for
     Acquisition, Logistics, and Technology, as required by House
     Report 109-89, House Report 109-452, and Senate Report 110-
     115.
       (b) Congressional Notification.--The Secretary may not take
     any action regarding the implementation of any initiative
     recommended in the report required under subsection (a) until
     45 days after the Secretary submits to the congressional
     defense committees such report.

                Subtitle C--Armed Forces Retirement Home

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

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

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

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Limitation on obligation of funds for Joint Improvised
              Explosive Device Defeat Organization pending report to
              Congress.
Sec. 1505. Navy and Marine Corps procurement.
Sec. 1506. Air Force procurement.
Sec. 1507. Defense-wide activities procurement.
Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Working capital funds.
Sec. 1512. Military personnel.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Iraq Freedom Fund.
Sec. 1515. Other Department of Defense programs.
Sec. 1516. Limitations on Iraq Security Forces Fund.
Sec. 1517. Continuation of prohibition on use of United States funds
              for certain facilities projects in Iraq.
Sec. 1518. Special transfer authority.
Sec. 1519. Treatment as additional authorizations.

     SEC. 1501. PURPOSE.

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

     SEC. 1502. ARMY PROCUREMENT.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for procurement accounts of the Army in amounts as
     follows:
       (1) For aircraft procurement, $1,976,474,000.
       (2) For ammunition procurement, $370,635,000.
       (3) For weapons and tracked combat vehicles procurement,
     $874,466,000.
       (4) For missile procurement, $531,570,000.
       (5) For other procurement, $6,021,786,000.

     SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

       (a) Authorization of Appropriations.--Funds are hereby
     authorized to be appropriated for fiscal year 2010 for the
     Joint Improvised Explosive Device Defeat Fund in the amount
     of $1,435,000,000.
       (b) Use and Transfer of Funds.--Subsections (b) and (c) of
     section 1514 of the John Warner National Defense
     Authorization Act for Fiscal Year 2007 (Public Law 109-364;
     120 Stat. 2439), as amended by section 1503 of the Duncan
     Hunter National Defense Authorization Act for Fiscal Year
     2009 (Public Law 110-417; 122 Stat. 4649), shall apply to the
     funds appropriated pursuant to the authorization of
     appropriations in subsection (a) and made available to the
     Department of Defense for the Joint Improvised Explosive
     Device Defeat Fund.
       (c) Monthly Obligations and Expenditure Reports.--Not later
     than 15 days after the end of each month of fiscal year 2010,
     the Secretary of Defense shall provide to the congressional
     defense committees a report on the Joint Improvised Explosive
     Device Defeat Fund explaining monthly commitments,
     obligations, and expenditures by line of action.

     SEC. 1504. LIMITATION ON OBLIGATION OF FUNDS FOR JOINT
                   IMPROVISED EXPLOSIVE DEVICE DEFEAT ORGANIZATION
                   PENDING REPORT TO CONGRESS.

       (a) Limitation.--Of the amounts remaining unobligated as of
     the date of the enactment of this Act from amounts described
     in subsection (b) for the Joint Improvised Explosive Device
     Defeat Organization (in this section referred to as
     ``JIEDDO''), not more than 50 percent of such remaining
     amounts may be obligated until JIEDDO submits to the
     congressional defense committees a report containing the
     following information regarding projects funded for fiscal
     years 2008, 2009, and 2010:
       (1) A description of the purpose, funding, and schedule of
     the project.
       (2) A description of related projects.
       (3) An acquisition strategy.
       (b) Covered Authorization of Appropriations.--The
     limitation contained in subsection (a) applies with respect
     to amounts made available pursuant to the authorization of
     appropriations--
       (1) in section 1503 of the Duncan Hunter National Defense
     Authorization Act for Fiscal Year 2009 (Public Law 110-417;
     122 Stat. 4649); and
       (2) in section 1503(a) of this Act.
       (c) Waiver.--The Secretary of Defense may waive the
     limitation in subsection (a) if the Secretary determines that
     the waiver is necessary to fulfill a critical need by United
     States military forces deployed in overseas contingency
     operations. The Secretary shall notify the congressional
     defense committees of any waiver granted under this
     subsection and the reasons for the waiver.

     SEC. 1505. NAVY AND MARINE CORPS PROCUREMENT.

       (a) Navy.--Funds are hereby authorized to be appropriated
     for fiscal year 2010 for other procurement for the Navy in
     the amount of $2,019,051,000.
       (b) Marine Corps.--Funds are hereby authorized to be
     appropriated for fiscal year 2010 for other procurement for
     the Marine Corps in the amount of $1,164,445,000.

     SEC. 1506. AIR FORCE PROCUREMENT.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for procurement accounts of the Air Force in
     amounts as follows:
       (1) For aircraft procurement, $1,151,776,000.
       (2) For ammunition procurement, $256,819,000.
       (3) For missile procurement, $36,625,000.
       (4) For other procurement, $2,321,549,000.

     SEC. 1507. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for the procurement account for Defense-wide in the
     amount of $799,830,000.

     SEC. 1508. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for the Mine Resistant Ambush Protected Vehicle
     Fund in the amount of $5,456,000,000.

     SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for the use of the Department of Defense for
     research, development, test, and evaluation as follows:
       (1) For the Army, $57,962,000.
       (2) For the Navy, $107,180,000.
       (3) For the Air Force, $29,286,000.
       (4) For Defense-wide activities, $215,826,000.

     SEC. 1510. OPERATION AND MAINTENANCE.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for the use of the Armed Forces for expenses, not
     otherwise provided for, for operation and maintenance, in
     amounts as follows:
       (1) For the Army, $51,970,661,000.
       (2) For the Navy, $6,219,583,000.
       (3) For the Marine Corps, $3,701,600,000.
       (4) For the Air Force, $10,152,068,000.
       (5) For Defense-wide activities, $7,578,300,000.
       (6) For the Army Reserve, $204,326,000.
       (7) For the Navy Reserve, $68,059,000
       (8) For the Marine Corps Reserve, $86,667,000.
       (9) For the Air Force Reserve, $125,925,000.
       (10) For the Army National Guard, $321,646,000.
       (11) For the Air National Guard, $289,862,000.

     SEC. 1511. 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.

     SEC. 1512. MILITARY PERSONNEL.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 to the Department of Defense for military personnel
     accounts in the total amount of $13,586,341,000.

     SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.

       (a) Authorization of Appropriations.--Funds are hereby
     authorized to be appropriated for fiscal year 2010 for the
     Afghanistan Security Forces Fund in the amount of
     $7,462,769,000.
       (b) Limitation.--Funds appropriated pursuant to the
     authorization of appropriations in subsection (a) or in any
     other Act and made available to the Department of Defense for
     the Afghanistan Security Forces Fund shall be subject to the
     conditions contained in subsections (b) through (g) of
     section 1513 of the National Defense Authorization Act for
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 428).

     SEC. 1514. IRAQ FREEDOM FUND.

       (a) Authorization of Appropriations.--Funds are hereby
     authorized to be appropriated for fiscal year 2010 for the
     Iraq Freedom Fund in the amount of $115,300,000.
       (b) Transfer.--
       (1) Transfer authorized.--Subject to paragraph (2), amounts
     authorized to be appropriated by subsection (a) may be
     transferred from the Iraq Freedom Fund to any accounts as
     follows:
       (A) Operation and maintenance accounts of the Armed Forces.
       (B) Military personnel accounts.
       (C) Research, development, test, and evaluation accounts of
     the Department of Defense.
       (D) Procurement accounts of the Department of Defense.
       (E) Accounts providing funding for classified programs.
       (F) The operating expenses account of the Coast Guard.
       (2) Notice to congress.--A transfer may not be made under
     the authority in paragraph (1)

[[Page H7315]]

     until five days after the date on which the Secretary of
     Defense notifies the congressional defense committees in
     writing of the transfer.
       (3) Treatment of transferred funds.--Amounts transferred to
     an account under the authority in paragraph (1) shall be
     merged with amounts in such account and shall be made
     available for the same purposes, and subject to the same
     conditions and limitations, as amounts in such account.
       (4) 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.

     SEC. 1515. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

       (a) 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.
       (b) 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.
       (c) 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 for operation and maintenance.

     SEC. 1516. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

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

     SEC. 1517. CONTINUATION OF PROHIBITION ON USE OF UNITED
                   STATES FUNDS FOR CERTAIN FACILITIES PROJECTS IN
                   IRAQ.

       Section 1508(a) of the Duncan Hunter National Defense
     Authorization Act for Fiscal Year 2009 (Public Law 110-417;
     122 Stat. 4651) shall apply to funds authorized to be
     appropriated by this title.

     SEC. 1518. SPECIAL TRANSFER AUTHORITY.

       (a) Authority To Transfer Authorizations.--
       (1) Authority.--Upon determination by the Secretary of
     Defense that such action is necessary in the national
     interest, the Secretary may transfer amounts of
     authorizations made available to the Department of Defense in
     this title for fiscal year 2010 between any such
     authorizations for that fiscal year (or any subdivisions
     thereof). Amounts of authorizations so transferred shall be
     merged with and be available for the same purposes as the
     authorization to which transferred.
       (2) Limitation.--The total amount of authorizations that
     the Secretary may transfer under the authority of this
     section may not exceed $4,000,000,000.
       (b) Terms and Conditions.--Transfers under this section
     shall be subject to the same terms and conditions as
     transfers under section 1001.
       (c) Additional Authority.--The transfer authority provided
     by this section is in addition to the transfer authority
     provided under section 1001.

     SEC. 1519. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

       The amounts authorized to be appropriated by this title are
     in addition to amounts otherwise authorized to be
     appropriated by this Act.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Military Construction
     Authorization Act for Fiscal Year 2010''.

     SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
                   TO BE SPECIFIED BY LAW.

       (a) Expiration of Authorizations After Three Years.--Except
     as provided in subsection (b), all authorizations contained
     in titles XXI through XXVII and title XXIX for military
     construction projects, land acquisition, family housing
     projects and facilities, and contributions to the North
     Atlantic Treaty Organization Security Investment Program (and
     authorizations of appropriations therefor) shall expire on
     the later of--
       (1) October 1, 2012; or
       (2) the date of the enactment of an Act authorizing funds
     for military construction for fiscal year 2013.
       (b) Exception.--Subsection (a) shall not apply to
     authorizations for military construction projects, land
     acquisition, family housing projects and facilities, and
     contributions to the North Atlantic Treaty Organization
     Security Investment Program (and authorizations of
     appropriations therefor), for which appropriated funds have
     been obligated before the later of--
       (1) October 1, 2012; or
       (2) the date of the enactment of an Act authorizing funds
     for fiscal year 2013 for military construction projects, land
     acquisition, family housing projects and facilities, and
     contributions to the North Atlantic Treaty Organization
     Security Investment Program.

     SEC. 2003. EFFECTIVE DATE.

       Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX
     shall take effect on the later of--
       (1) October 1, 2009; or
       (2) the date of the enactment of this Act.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
              2009 project.
Sec. 2106. Extension of authorizations of certain fiscal year 2006
              projects.

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

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

                     Army: Inside the United States
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Alaska............................  Fort Richardson.....     $51,150,000
                                    Fort Wainwright.....    $198,000,000
Alabama...........................  Anniston Army Depot.      $3,000,000
                                    Redstone Arsenal....      $3,550,000
Arizona...........................  Fort Huachuca.......     $27,700,000
Arkansas..........................  Pine Bluff Arsenal..     $25,000,000
California........................  Fort Irwin..........      $9,500,000
Colorado..........................  Fort Carson.........    $342,950,000
Florida...........................  Elgin Air Force Base    $131,600,000
Georgia...........................  Fort Benning........    $295,300,000
                                    Fort Gillem.........     $10,800,000
                                    Fort Stewart........    $145,400,000
Hawaii............................  Schofield Barracks..    $184,000,000
                                    Wheeler Army Air          $7,500,000
                                     Field.
Kansas............................  Fort Riley..........    $162,400,000
Kentucky..........................  Fort Campbell.......     $14,400,000
                                    Fort Knox...........     $70,000,000
Louisiana.........................  Fort Polk...........     $55,400,000
Maryland..........................  Fort Detrick........     $46,400,000
                                    Fort Meade..........      $2,350,000
Missouri..........................  Fort Leonard Wood...    $170,800,000
New Jersey........................  Picatinny Arsenal...     $10,200,000
New York..........................  Fort Drum...........     $92,700,000
North Carolina....................  Fort Bragg..........    $111,150,000
                                    Sunny Point Military     $28,900,000
                                     Ocean Terminal.
Oklahoma..........................  Fort Sill...........     $90,500,000
                                    McAlester Army           $12,500,000
                                     Ammunition Plant.
South Carolina....................   Charleston Naval        $21,800,000
                                     Weapons Station,.
                                    Fort Jackson........    $103,500,000
Texas.............................  Fort Bliss..........    $219,400,000
                                    Fort Hood...........     $40,600,000
                                    Fort Sam Houston....     $19,800,000
Utah..............................  Dugway Proving           $25,000,000
                                     Ground.
Virginia..........................  Fort A.P. Hill......     $23,000,000
                                    Fort Belvoir........     $37,900,000
                                    Fort Lee............      $5,000,000
Washington........................  Fort Lewis..........     $18,700,000
------------------------------------------------------------------------

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

                     Army: Outside the United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Afghanistan.......................  Bagram Air Base.....     $87,100,000
Belgium...........................  Brussels............     $20,000,000
Germany...........................  Ansbach.............     $31,700,000
                                    Kleber Kaserne......     $20,000,000
                                    Landstuhl...........     $25,000,000

[[Page H7316]]


Japan.............................  Okinawa.............      $6,000,000
                                    Sagamihara..........      $6,000,000
Korea.............................  Camp Humphreys......     $50,200,000
Kuwait............................  Camp Arifjan........     $82,000,000
------------------------------------------------------------------------

     SEC. 2102. FAMILY HOUSING.

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

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

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

     SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

     SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

       (a) In General.--Funds are hereby authorized to be
     appropriated for fiscal years beginning after September 30,
     2009, for military construction, land acquisition, and
     military family housing functions of the Department of the
     Army in the total amount of $4,427,076,000 as follows:
       (1) For military construction projects inside the United
     States authorized by section 2101(a), $2,738,150,000.
       (2) For military construction projects outside the United
     States authorized by section 2101(b), $328,000,000.
       (3) For unspecified minor military construction projects
     authorized by section 2805 of title 10, United States Code,
     $33,000,000.
       (4) For host nation support and architectural and
     engineering services and construction design under section
     2807 of title 10, United States Code, $187,872,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design,
     and improvement of military family housing and facilities,
     $273,236,000.
       (B) For support of military family housing (including the
     functions described in section 2833 of title 10, United
     States Code), $523,418,000.
       (6) For the construction of increment 4 of a brigade
     complex at Fort Lewis, Washington, authorized by section
     2101(a) of the Military Construction Authorization Act for
     Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
     2445), as amended by section 20814 of the Continuing
     Appropriations Resolution, 2007 (division B of Public Law
     109-289), as added by section 2 of the Revised Continuing
     Resolution, 2007 (Public Law 110-5; 121 Stat 41)
     $102,000,000.
       (7) For the construction of increment 2 of the United
     States Southern Command Headquarters at Miami Doral, Florida,
     authorized by section 2101(a) of the Military Construction
     Authorization Act for Fiscal Year 2008 (division B of Public
     Law 110-181; 122 Stat. 504), $55,400,000.
       (8) For the construction of increment 3 of the brigade
     complex operations support facility at Vicenza, Italy,
     authorized by section 2101(b) of the Military Construction
     Authorization Act for Fiscal Year 2008 (division B of Public
     Law 110-181; 122 Stat. 505), $23,500,000.
       (9) For the construction of increment 3 of the brigade
     complex barracks and community support facility at Vicenza,
     Italy, authorized by section 2101(b) of the Military
     Construction Authorization Act for Fiscal Year 2008 (division
     B of Public Law 110-181; 122 Stat. 505), $22,500,000.
       (10) For the construction of increment 2 of a barracks and
     dining complex at Fort Carson, Colorado, authorized by
     section 2101(a) of the Military Construction Authorization
     Act for Fiscal Year 2009 (division B of Public Law 110-417
     122 Stat. 4659), $60,000,000.
       (11) For the construction of increment 2 of a barracks and
     dining complex at Fort Stewart, Georgia, authorized by
     section 2101(a) of the Military Construction Authorization
     Act for Fiscal Year 2009 (division B of Public Law 110-417
     122 Stat. 4659), $80,000,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section
     2853 of title 10, United States Code, and any other cost
     variation authorized by law, the total cost of all projects
     carried out under section 2101 of this Act may not exceed the
     sum of the following:
       (1) The total amount authorized to be appropriated under
     paragraphs (1) and (2) of subsection (a).
       (2) $95,000,000 (the balance of the amount authorized under
     section 2101(a) for an aviation task force complex, Phase I
     at Fort Wainwright, Alaska).

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

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

     SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
                   2006 PROJECTS.

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

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

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification and extension of authority to carry out certain
              fiscal year 2006 project.

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

       (a) Inside the United States.--Using amounts appropriated
     pursuant to the authorization of appropriations in section
     2204(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:

[[Page H7317]]



                     Navy: Inside the United States
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Arizona...........................  Marine Corps Air         $28,770,000
                                     Station, Yuma.
California........................  Mountain Warfare         $11,290,000
                                     Training Center
                                     Bridgeport.
                                    Marine Corps Base,      $775,162,000
                                     Camp Pendleton.
                                    Edwards Air Force         $3,007,000
                                     Base.
                                    Naval Station            $10,240,000
                                     Monterey.
                                    Marine Corps Base,      $513,680,000
                                     Twentynine Palms.
                                    Marine Corps Air          $9,280,000
                                     Station, Miramar.
                                    Point Loma Annex....     $11,060,000
                                    Naval Station, San       $23,590,000
                                     Diego.
Connecticut.......................  Naval Submarine           $6,570,000
                                     Base, New London.
Florida...........................  Blount Island             $3,760,000
                                     Command.
                                    Eglin Air Force Base     $26,287,000
                                    Naval Air Station,        $5,917,000
                                     Jacksonville.
                                    Naval Station,           $56,042,000
                                     Mayport.
                                    Naval Air Station,       $26,161,000
                                     Pensacola.
                                    Naval Air Station,        $4,120,000
                                     Whiting Field.
Georgia...........................  Marine Corps              $4,870,000
                                     Logistics Base,
                                     Albany.
Hawaii............................  Oahu................      $5,380,000
                                    Naval Station, Pearl     $35,182,000
                                     Harbor.
Maine.............................  Portsmouth Naval          $7,090,000
                                     Shipyard.
Maryland..........................  Naval Surface             $6,520,000
                                     Warfare Center,
                                     Carderock.
                                    Naval Air Station,       $11,043,000
                                     Patuxent River.
North Carolina....................  Marine Corps Base,      $673,570,000
                                     Camp Lejeune.
                                    Marine Corps Air         $22,960,000
                                     Station, Cherry
                                     Point.
                                    Marine Corps Air        $107,090,000
                                     Station, New River.
Rhode Island......................  Naval Station,           $54,333,000
                                     Newport.
South Carolina....................  Marine Corps Air          $1,280,000
                                     Station, Beaufort.
                                    Marine Corps Recruit      $6,972,000
                                     Depot, Parris
                                     Island.
Texas.............................  Naval Air Station,       $19,764,000
                                     Corpus Christi.
                                    Naval Air Station,        $4,470,000
                                     Kingsville.
Virginia..........................  Naval Amphibious         $13,095,000
                                     Base, Little Creek.
                                    Naval Station            $18,139,000
                                     Norfolk.
                                    Naval Special             $3,660,000
                                     Weapons Center,
                                     Dahlgren.
                                    Norfolk Naval           $226,969,000
                                     Shipyard,
                                     Portsmouth.
                                    Marine Corps Base,      $105,240,000
                                     Quantico.
Washington........................   Naval Station,           $3,810,000
                                     Everett.
                                     Naval Magazine,         $13,130,000
                                     Indian Island.
                                    Spokane.............     $12,707,000
------------------------------------------------------------------------

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

                     Navy: Outside the United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Bahrain...........................  Southwest Asia......     $41,526,000
Djibouti..........................  Camp Lemonier.......     $41,845,000
Guam..............................  Naval Base, Guam....    $505,161,000
                                    Andersen Air Force      $110,297,000
                                     Base.
Spain.............................  Naval Station, Rota.     $26,278,000
------------------------------------------------------------------------

     SEC. 2202. FAMILY HOUSING.

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

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

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

     SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

     SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

       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 $4,220,719,000, as follows:
       (1) For military construction projects inside the United
     States authorized by section 2201(a), $2,792,210,000.
       (2) For military construction projects outside the United
     States authorized by section 2201(b), $483,845,000.
       (3) For unspecified minor military construction projects
     authorized by section 2805 of title 10, United States Code,
     $17,483,000.
       (4) For architectural and engineering services and
     construction design under section 2807 of title 10, United
     States Code, $179,652,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design,
     and improvement of military family housing and facilities,
     $146,569,000.
       (B) For support of military family housing (including
     functions described in section 2833 of title 10, United
     States Code), $368,540,000.
       (6) For the construction of increment 6 of a limited area
     production and storage complex at Bangor, Washington,
     authorized by section 2201(a) of the Military Construction
     Authorization Act for Fiscal Year 2005 (division B of Public
     Law 108-375; 118 Stat. 2106), $87,292,000.

[[Page H7318]]

       (7) For the construction of increment 2 of enclave fencing
     at Naval Submarine Base, Bangor, Washington, authorized by
     section 2201(a) of the Military Construction Authorization
     Act for Fiscal Year 2006 (division B of Public Law 109-163;
     119 Stat. 3490), as amended by section 2205 of this Act,
     $67,419,000.
       (8) For the construction of increment 2 of a replacement
     maintenance pier at Bremerton, Washington, authorized by
     section 2201(a) of the Military Construction Authorization
     Act for Fiscal Year 2008 (division B of Public Law 110-181;
     122 Stat. 510), $69,064,000.
       (9) For the construction of increment 3 of a submarine
     drive-in magazine silencing facility at Naval Base Pearl
     Harbor, Hawaii, authorized by section 2201(a) of the Military
     Construction Authorization Act for Fiscal Year 2008 (division
     B of Public Law 110-181; 122 Stat. 510), $8,645,000.

     SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY TO CARRY
                   OUT CERTAIN FISCAL YEAR 2006 PROJECT.

       (a) Modification.--The table in section 2201(a) of the
     Military Construction Authorization Act for Fiscal Year 2006
     (division B of Public Law 109-163; 119 Stat. 3490) is amended
     in the item relating to Naval Submarine Base, Bangor,
     Washington, by striking ``$60,160,000'' and inserting
     ``$127,163,000''.
       (b) Conforming Amendment.--Section 2204(b) of that Act (119
     Stat. 3492) is amended by adding at the end the following new
     paragraph:
       ``(11) $67,003,000 (the balance of the amount authorized
     under section 2201(a) for construction of a waterfront
     security enclave at Naval Submarine Base, Bangor,
     Washington).''.
       (c) Extension.--Notwithstanding section 2701 of the
     Military Construction Authorization Act for Fiscal Year 2006
     (division B of Public Law 109-163; 119 Stat. 3501), the
     authorization relating to enclave fencing/parking at Naval
     Submarine Base, Bangor, Washington (formerly referred to as a
     project at Naval Submarine Base, Bangor, Washington), as
     provided in section 2201 of that Act, shall remain in effect
     until October 1, 2012, or the date of the enactment of an Act
     authorizing funds for military construction for fiscal year
     2013, whichever is later.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition
              projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2007
              projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2006
              projects.

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

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

                   Air Force: Inside the United States
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Alaska............................  Clear Air Force          $24,300,000
                                     Station.
                                    Elmendorf Air Force      $15,700,000
                                     Base.
Arizona...........................  Davis-Monthan Air        $41,900,000
                                     Force Base.
Arkansas..........................  Little Rock Air          $16,200,000
                                     Force Base.
California........................  Los Angeles Air           $8,000,000
                                     Force Base.
                                    Travis Air Force         $12,900,000
                                     Base.
                                    Vandenberg Air Force     $13,000,000
                                     Base.
Colorado..........................  Peterson Air Force       $32,300,000
                                     Base.
                                    United States Air        $17,500,000
                                     Force Academy.
Delaware..........................  Dover Air Force Base     $17,400,000
Florida...........................  Eglin Air Force Base     $84,360,000
                                    Hurlburt Field......     $19,900,000
                                    MacDill Air Force        $59,300,000
                                     Base.
Georgia...........................  Warner Robins Air         $6,200,000
                                     Force Base.
Hawaii............................  Hickam Air Force          $4,000,000
                                     Base.
                                    Wheeler Air Force        $15,000,000
                                     Base.
Idaho.............................  Mountain Home Air        $20,000,000
                                     Force Base.
Illinois..........................  Scott Air Force Base      $7,400,000
Maryland..........................  Andrews Air Force         $9,300,000
                                     Base.
Missouri..........................  Whiteman Air Force       $12,900,000
                                     Base.
Nevada............................  Creech Air Force          $2,700,000
                                     Base.
New Jersey........................  McGuire Air Force         $7,900,000
                                     Base.
New Mexico........................  Cannon Air Force         $15,000,000
                                     Base.
                                    Holloman Air Force       $15,900,000
                                     Base.
                                    Kirtland Air Force       $22,500,000
                                     Base.
North Carolina....................  Seymour Johnson Air       $6,900,000
                                     Force Base.
North Dakota......................  Minot Air Force Base     $11,500,000
Ohio..............................  Wright Patterson Air     $58,600,000
                                     Force Base.
Oklahoma..........................  Altus Air Force Base     $20,300,000
                                    Tinker Air Force         $18,137,000
                                     Base.
South Carolina....................  Shaw Air Force Base.     $21,183,000
Texas.............................  Dyess Air Force Base      $4,500,000
                                    Goodfellow Air Force     $32,400,000
                                     Base.
                                    Lackland Air Force      $113,879,000
                                     Base.
Utah..............................  Hill Air Force Base.     $26,153,000
Virginia..........................  Langley Air Force        $10,000,000
                                     Base.
Washington........................  Fairchild Air Force       $4,150,000
                                     Base.
Wyoming...........................  F. E. Warren Air          $9,100,000
                                     Force Base.
------------------------------------------------------------------------

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


                  Air Force: Outside the United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Afghanistan.......................  Bagram Air Base.....     $22,000,000
Colombia..........................  Palanquero Air Base.     $46,000,000
Germany...........................  Ramstein Air Base...     $34,700,000
                                    Spangdahlem Air Base     $23,500,000
Guam..............................  Andersen Air Force       $61,702,000
                                     Base.
Italy.............................  Naval Air Station        $31,300,000
                                     Sigonella.
Oman..............................  Al Musannah Air Base    $116,000,000
Qatar.............................  Al Udeid Air Base...     $60,000,000
Turkey............................  Incirlik Air Base...      $9,200,000
------------------------------------------------------------------------


[[Page H7319]]

     SEC. 2302. FAMILY HOUSING.

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

     SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code,
     and using amounts appropriated pursuant to the authorization
     of appropriations in section 2304(5)(A), the Secretary of the
     Air Force may improve existing military family housing units
     in an amount not to exceed $61,787,000.

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

       Funds are hereby authorized to be appropriated for fiscal
     years beginning after September 30, 2009, for military
     construction, land acquisition, and military family housing
     functions of the Department of the Air Force in the total
     amount of $1,928,208,000, as follows:
       (1) For military construction projects inside the United
     States authorized by section 2301(a), $838,362,000.
       (2) For military construction projects outside the United
     States authorized by section 2301(b), $404,402,000.
       (3) For unspecified minor military construction projects
     authorized by section 2805 of title 10, United States Code,
     $23,000,000.
       (4) For architectural and engineering services and
     construction design under section 2807 of title 10, United
     States Code, $93,407,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design,
     and improvement of military family housing and facilities,
     $66,101,000.
       (B) For support of military family housing (including
     functions described in section 2833 of title 10, United
     States Code), $502,936,000.

     SEC. 2305. 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.
       (b) Table.--The table referred to in subsection (a) is as
     follows:

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

     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 (119 Stat. 3495) and
     extended by section 2305 of the Military Construction
     Authorization Act for Fiscal Year 2009 (division B of Public
     Law 110-417; 122 Stat. 4684), shall remain in effect until
     October 1, 2010, or the date of the enactment of an Act
     authorizing funds for military construction for fiscal year
     2011, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as
     follows:

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

                      TITLE XXIV--DEFENSE AGENCIES

               Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land
              acquisition projects.
Sec. 2402. Authorization of appropriations, Defense Agencies.
Sec. 2403. Modification of authority to carry out certain fiscal year
              2008 project.
Sec. 2404. Modification of authority to carry out certain fiscal year
              2009 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2007
              project.

          Subtitle B--Chemical Demilitarization Authorizations

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

               Subtitle A--Defense Agency Authorizations

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

       (a) Inside the United States.--Using amounts appropriated
     pursuant to the authorization of appropriations in section
     2402(a)(1), the Secretary of Defense may acquire real
     property and carry out military construction projects for the
     installations or locations inside the United States, and in
     the amounts, set forth in the following tables:

                       Defense Education Activity
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Georgia...........................  Fort Benning........      $2,330,000
                                    Fort Stewart/Hunter      $45,003,000
                                     Army Air Field.
North Carolina....................  Fort Bragg..........      $3,439,000
------------------------------------------------------------------------


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


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


[[Page H7320]]


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


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


                       Special Operations Command
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
California........................  Naval Amphibious         $15,722,000
                                     Base, Coronado.
Colorado..........................  Fort Carson.........     $48,246,000
Florida...........................  Eglin Air Force Base      $3,046,000
                                    Hurlburt Field......      $8,156,000
Georgia...........................  Fort Benning........      $3,046,000
Kentucky..........................  Fort Campbell.......     $32,335,000
New Mexico........................  Cannon Air Force         $52,864,000
                                     Base.
North Carolina....................  Fort Bragg..........    $101,488,000
                                    Marine Corps Base,       $11,791,000
                                     Camp Lejeune.
Virginia..........................  Naval Amphibious         $18,669,000
                                     Base, Little Creek.
                                    Naval Surface             $6,100,000
                                     Warfare Center, Dam
                                     Neck.
Washington........................  Fort Lewis..........     $14,500,000
------------------------------------------------------------------------


                       TRICARE Management Activity
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Alaska............................  Elmendorf Air Force      $25,017,000
                                     Base.
                                    Fort Richardson.....      $3,518,000
Colorado..........................  Fort Carson.........     $52,773,000
Georgia...........................  Fort Benning........     $17,200,000
                                    Fort Stewart/Hunter      $26,386,000
                                     Army Field.
Kentucky..........................  Fort Campbell.......      $8,600,000
Maryland..........................  Fort Detrick........     $29,807,000
Missouri..........................  Fort Leonard Wood...      $5,570,000
North Carolina....................  Fort Bragg..........     $57,658,000
Oklahoma..........................  Fort Sill...........     $10,554,000
Texas.............................  Lackland Air Force      $101,928,000
                                     Base.
                                    Fort Bliss..........    $996,295,000
Washington........................  Fort Lewis..........     $15,636,000
------------------------------------------------------------------------


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

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

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


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


                        Defense Logistics Agency
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Cuba..............................  Naval Air Station,       $12,500,000
                                     Guantanamo Bay.
Guam..............................  Naval Air Station,        $4,900,000
                                     Agana.
Korea.............................  Osan Air Base.......     $28,000,000
United Kingdom....................  Royal Air Force           $4,700,000
                                     Mildenhall.
------------------------------------------------------------------------


[[Page H7321]]


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


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

     SEC. 2402. 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 $3,132,024,000, as follows:
       (1) For military construction projects inside the United
     States authorized by section 2401(a), $1,170,314,000.
       (2) For military construction projects outside the United
     States authorized by section 2401(b), $857,678,000.
       (3) For unspecified minor military construction projects
     under section 2805 of title 10, United States Code,
     $33,025,000.
       (4) For contingency construction projects of the Secretary
     of Defense under section 2804 of title 10, United States
     Code, $10,000,000.
       (5) For architectural and engineering services and
     construction design under section 2807 of title 10, United
     States Code, $121,442,000.
       (6) For energy conservation projects under chapter 173 of
     title 10, United States Code, $90,000,000.
       (7) For support of military family housing, including
     functions described in section 2833 of title 10, United
     States Code, and credits to the Department of Defense Family
     Housing Improvement Fund under section 2883 of title 10,
     United States Code, and the Homeowners Assistance Fund
     established under section 1013 of the Demonstration Cities
     and Metropolitan Development Act of 1966 (42 U.S.C. 3374),
     $77,898,000.
       (8) For the construction of increment 4 of the Army Medical
     Research Institute of Infectious Diseases Stage 1 at Fort
     Detrick, Maryland, authorized by section 2401(a) of the
     Military Construction Authorization Act of Fiscal Year 2007
     (division B of Public Law 109-364; 120 Stat. 2457),
     $28,000,000.
       (9) For the construction of increment 2 of replacement fuel
     storage facilities at Point Loma Annex, California,
     authorized by section 2401(a) of the Military Construction
     Authorization Act of Fiscal Year 2008 (division B of Public
     Law 110-181; 122 Stat. 521), as amended by section 2405 of
     this Act, $92,300,000.
       (10) For the construction of increment 3 of a special
     operations facility at Dam Neck, Virginia, authorized by
     section 2401(a) of the Military Construction Authorization
     Act of Fiscal Year 2008 (division B of Public Law 110-181;
     122 Stat. 521), $15,967,000.
       (11) For the construction of increment 2 of the United
     States Army Medical Research Institute of Chemical Defense
     replacement facility at Aberdeen Proving Ground, Maryland,
     authorized by section 2401(a) of the Military Construction
     Authorization Act of Fiscal Year 2009 (division B of Public
     Law 110-417 122 Stat. 4689), $111,400,000.
       (12) For the construction of fuel storage tanks and
     pipeline replacement at Souda Bay, Greece, authorized by
     section 2401(b) of the Military Construction Authorization
     Act of Fiscal Year 2009 (division B of Public Law 110-417;
     122 Stat. 4691), as amended by section 2406 of this Act,
     $24,000,000.
       (13) For the construction of increment 2 of a National
     Security Agency data center at Camp Williams, Utah,
     authorized as a Military Construction, Defense-Wide project
     by the Supplemental Appropriations Act, 2009, $500,000,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section
     2853 of title 10, United States Code, and any other cost
     variation authorized by law, the total cost of all projects
     carried out under section 2401 of this Act may not exceed the
     sum of the total amount authorized to be appropriated under
     paragraphs (1) and (2) of subsection (a).
       (c) Availability of Funds for Energy Conservation Projects
     of Reserve Components.--Of the amount authorized to be
     appropriated by subsection (a)(6) for energy conservation
     projects under chapter 173 of title 10, United States Code,
     the Secretary of Defense shall reserve a portion of the
     amount for energy conservation projects for the reserve
     components in an amount that bears the same proportion to the
     total amount authorized to be appropriated as the total
     quantity of energy consumed by reserve facilities (as defined
     in section 18232(2) of such title) during fiscal year 2009
     bears to the total quantity of energy consumed by all
     military installations (as defined in section 2687(e)(1) of
     such title) during that fiscal year, as determined by the
     Secretary.

     SEC. 2403. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
                   FISCAL YEAR 2008 PROJECT.

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

     SEC. 2404. 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''.
       (b) Conforming Amendment.--Section 2403(b) of that Act (122
     Stat. 4692) is amended by adding at the end the following new
     paragraph:
       ``(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).''.

     SEC. 2405. 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.
       (b) Table.--The table referred to in subsection (a) is as
     follows:

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

          Subtitle B--Chemical Demilitarization Authorizations

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

       Funds are hereby authorized to be appropriated for fiscal
     years beginning after September 30, 2009, for military
     construction and land acquisition for chemical
     demilitarization in the total amount of $146,541,000 as
     follows:
       (1) For the construction of phase 11 of a chemical
     munitions demilitarization facility at Pueblo Chemical
     Activity, Colorado, authorized by section 2401(a) of the
     Military Construction Authorization Act for Fiscal Year 1997
     (division B of Public Law 104-201; 110 Stat. 2775), as
     amended by section 2406 of the Military Construction
     Authorization Act for Fiscal Year 2000 (division B of Public
     Law 106-65; 113 Stat. 839), section 2407 of the Military
     Construction Authorization Act for Fiscal Year 2003 (division
     B of Public Law 107-314; 116 Stat. 2698), and section 2413 of
     the Military Construction Authorization Act for Fiscal Year
     2009 (division B of Public Law 110-417; 122 Stat. 4697),
     $92,500,000.
       (2) For the construction of phase 10 of a munitions
     demilitarization facility at Blue Grass Army Depot, Kentucky,
     authorized by section 2401(a) of the Military Construction
     Authorization Act for Fiscal Year 2000 (division B of Public
     Law 106-65; 113 Stat. 835), as amended by section 2405 of the
     Military Construction Authorization Act for Fiscal Year 2002
     (division B of Public Law 107-107; 115 Stat. 1298), section
     2405 of the Military Construction Authorization Act for
     Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
     2698), and section 2414 of the Military Construction
     Authorization Act for Fiscal Year 2009 (division B of Public
     Law 110-417; 122 Stat. 4697), $54,041,000.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
                                PROGRAM

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

[[Page H7322]]

Sec. 2502. Authorization of appropriations, NATO.

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

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

     SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

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

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

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

       (a) Inside the United States.--Using amounts appropriated
     pursuant to the authorization of appropriations in section
     2606(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:


              Army National Guard: Inside the United States
------------------------------------------------------------------------
               State                       Location           Amount
------------------------------------------------------------------------
Alabama...........................  Fort McClellan......      $3,000,000
Arizona...........................  Camp Navajo.........      $3,000,000
California........................  Los Alamitos Joint       $31,000,000
                                     Forces Training
                                     Base.
Georgia...........................  Fort Benning........     $15,500,000
                                    Hunter Army Air           $8,967,000
                                     Field.
Idaho.............................  Gowen Field.........     $16,100,000
Indiana...........................  Muscatatuck Urban        $10,100,000
                                     Training Center.
Massachusetts.....................  Hanscom Air Force        $29,000,000
                                     Base.
Michigan..........................  Fort Custer.........      $7,732,000
Minnesota.........................  Arden Hills.........      $6,700,000
                                    Camp Ripley.........      $1,710,000
Mississippi.......................  Camp Shelby.........     $16,100,000
Missouri..........................  Boonville...........      $1,800,000
Nebraska..........................  Lincoln Municipal        $23,000,000
                                     Airport.
New Mexico........................  Santa Fe............     $39,000,000
Nevada............................  North Las Vegas.....     $26,000,000
North Carolina....................  East Flat Rock......      $2,516,000
                                    Fort Bragg..........      $6,038,000
Oregon............................  Polk County.........     $12,100,000
South Carolina....................  McEntire Joint           $26,000,000
                                     National Guard Base.
                                    Donaldson Air Force      $40,000,000
                                     Base.
Texas.............................  Austin..............     $22,200,000
Virginia..........................  Fort Pickett........     $32,000,000
------------------------------------------------------------------------

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


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

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

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


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

[[Page H7323]]


                                    Bryan...............     $12,200,000
                                    Fort Bliss..........      $9,500,000
                                    Houston.............     $24,000,000
                                    Robstown............     $10,200,000
                                    San Antonio.........     $20,000,000
Wisconsin.........................  Fort McCoy..........     $25,000,000
------------------------------------------------------------------------

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


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

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

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


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

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

       Using amounts appropriated pursuant to the authorization of
     appropriations in section 2606(4)(A), the Secretary of the
     Air Force may acquire real property and carry out military
     construction projects for the Air National Guard locations,
     and in the amounts, set forth in the following table:


                           Air National Guard
------------------------------------------------------------------------
               State                      Location            Amount
------------------------------------------------------------------------
Arizona...........................  Davis-Monthan Air         $5,600,000
                                     Force Base.
California........................  South California          $8,400,000
                                     Logistics Airport.
Connecticut.......................  Bradley                   $9,000,000
                                     International
                                     Airport.
Hawaii............................  Hickam Air Force....     $33,000,000
Illinois..........................  Lincoln Capital           $3,000,000
                                     Airport.
Kansas............................  McConnell Air Force       $8,700,000
                                     Base.
Maine.............................  Bangor International     $28,000,000
                                     Airport.
Maryland..........................  Andrews Air Force        $14,000,000
                                     Base.
Massachusetts.....................  Barnes Air National       $8,100,000
                                     Guard Base.
Mississippi.......................  Gulfport-Biloxi           $6,500,000
                                     Regional Airport.
                                    Wheeler Sack AAF....      $2,700,000
Nebraska..........................  Lincoln Municipal         $1,500,000
                                     Airport.
Ohio..............................  Mansfield Lahm           $11,400,000
                                     Airport.
Oklahoma..........................  Will Rogers World         $7,300,000
                                     Airport.
Texas.............................  Kelly Field Annex...      $7,900,000
Wisconsin.........................  General Mitchell          $5,000,000
                                     International
                                     Airport.
------------------------------------------------------------------------

     SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
                   ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of
     appropriations in section 2606(4)(B), the Secretary of the
     Air Force may acquire real property and carry out military
     construction projects for the Air Force Reserve locations,
     and in the amounts, set forth in the following table:


                            Air Force Reserve
------------------------------------------------------------------------
               State                      Location            Amount
------------------------------------------------------------------------
California........................  March Air Reserve         $9,800,000
                                     Base.
Colorado..........................  Schriever Air Force      $10,200,000
                                     Base.
Mississippi.......................  Keesler Air Force         $9,800,000
                                     Base.
New York..........................  Niagara Falls Air         $5,700,000
                                     Reserve Station.
Texas.............................  Lackland Air Force        $1,500,000
                                     Base.
Utah..............................  Hill Air Force Base.      $3,200,000
------------------------------------------------------------------------


[[Page H7324]]

     SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
                   AND RESERVE.

       Funds are hereby authorized to be appropriated for fiscal
     years beginning after September 30, 2009, for the costs of
     acquisition, architectural and engineering services, and
     construction of facilities for the Guard and Reserve Forces,
     and for contributions therefor, under chapter 1803 of title
     10, United States Code (including the cost of acquisition of
     land for those facilities), in the following amounts:
       (1) For the Department of the Army, for the Army National
     Guard of the United States--
       (A) for military construction projects inside the United
     States authorized by section 2601(a), $509,129,000; and
       (B) for military construction projects outside the United
     States authorized by section 2601(b), $20,000,000.
       (2) For the Department of the Army, for the Army Reserve--
       (A) for military construction projects inside the United
     States authorized by section 2602(a), $420,116,000; and
       (B) for military construction projects outside the United
     States authorized by section 2602(b), $12,400,000.
       (3) For the Department of the Navy, for the Navy and Marine
     Corps Reserve, $172,177,000.
       (4) For the Department of the Air Force--
       (A) for the Air National Guard of the United States,
     $226,126,000; and
       (B) for the Air Force Reserve, $103,169,000.

     SEC. 2607. 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), the
     authorizations set forth in the table in subsection (b), as
     provided in section 2601 of that Act, shall remain in effect
     until October 1, 2010, or the date of the enactment of an Act
     authorizing funds for military construction for fiscal year
     2011, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as
     follows:

                          Army National Guard: Extension of 2007 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
California..............................  Fresno....................  AVCRAD Add/Alt, PH I......     $30,000,000
New Jersey..............................  Lakehurst.................  Consolidated Logistics         $20,024,000
                                                                       Training Facility, PH II.
----------------------------------------------------------------------------------------------------------------

     SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
                   2006 PROJECT.

       (a) Extension.--Notwithstanding section 2701 of the
     Military Construction Authorization Act for Fiscal Year 2006
     (division B of Public Law 109-163; 119 Stat. 3501), the
     authorization set forth in the table in subsection (b), as
     provided in section 2601 of that Act (119 Stat. 3501) and
     extended by section 2608 of the Military Construction
     Authorization Act for Fiscal Year 2009 (division B of Public
     Law 110-417; 122 Stat. 4710), shall remain in effect until
     October 1, 2010, or the date of the enactment of an Act
     authorizing funds for military construction for fiscal year
     2011, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as
     follows:


                          Army National Guard: Extension of 2006 Project Authorization
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Montana.................................  Townsend..................  Automated Qualification         $2,532,000
                                                                       Training Range.
----------------------------------------------------------------------------------------------------------------

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

Sec. 2701. Authorization of appropriations for base closure and
              realignment activities funded through Department of
              Defense Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded
              through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
              realignment activities funded through Department of
              Defense Base Closure Account 2005.

        Subtitle B--Amendments to Base Closure and Related Laws

Sec. 2711. Use of economic development conveyances to implement base
              closure and realignment property recommendations.

                       Subtitle C--Other Matters

Sec. 2721. Sense of Congress on ensuring joint basing recommendations
              do not adversely affect operational readiness.
Sec. 2722. Modification of closure instructions regarding Paul Doble
              Army Reserve Center, Portsmouth, New Hampshire.

                       Subtitle A--Authorizations

     SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
                   AND REALIGNMENT ACTIVITIES FUNDED THROUGH
                   DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
                   1990.

       Funds are hereby authorized to be appropriated for fiscal
     years beginning after September 30, 2009, for base closure
     and realignment activities, including real property
     acquisition and military construction projects, as authorized
     by the Defense Base Closure and Realignment Act of 1990 (part
     A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
     and funded through the Department of Defense Base Closure
     Account 1990 established by section 2906 of such Act, in the
     total amount of $536,768,000, as follows:
       (1) For the Department of the Army, $133,723,000.
       (2) For the Department of the Navy, $228,000,000.
       (3) For the Department of the Air Force, $172,364,000.
       (4) For the Defense Agencies, $2,681,000.

     SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES
                   FUNDED THROUGH DEPARTMENT OF DEFENSE BASE
                   CLOSURE ACCOUNT 2005.

       Using amounts appropriated pursuant to the authorization of
     appropriations in section 2703, the Secretary of Defense may
     carry out base closure and realignment activities, including
     real property acquisition and military construction projects,
     as authorized by the Defense Base Closure and Realignment Act
     of 1990 (part A of title XXIX of Public Law 101-510; 10
     U.S.C. 2687 note) and funded through the Department of
     Defense Base Closure Account 2005 established by section
     2906A of such Act, in the amount of $5,934,740,000.

     SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
                   AND REALIGNMENT ACTIVITIES FUNDED THROUGH
                   DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
                   2005.

       Funds are hereby authorized to be appropriated for fiscal
     years beginning after September 30, 2009, for base closure
     and realignment activities, including real property
     acquisition and military construction projects, as authorized
     by the Defense Base Closure and Realignment Act of 1990 (part
     A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
     and funded through the Department of Defense Base Closure
     Account 2005 established by section 2906A of such Act, in the
     total amount of $7,129,498,000, as follows:
       (1) For the Department of the Army, $4,081,037,000.
       (2) For the Department of the Navy, $591,572,000,
       (3) For the Department of the Air Force, $418,260,000.
       (4) For the Defense Agencies, $2,038,629,000.

        Subtitle B--Amendments to Base Closure and Related Laws

     SEC. 2711. USE OF ECONOMIC DEVELOPMENT CONVEYANCES TO
                   IMPLEMENT BASE CLOSURE AND REALIGNMENT PROPERTY
                   RECOMMENDATIONS.

       (a) Economic Redevelopment Conveyance Authority.--
     Subsection (b)(4) of section 2905 of the Defense Base Closure
     and Realignment Act of 1990 (part A of title XXIX of Public
     Law 101-510; 10 U.S.C. 2687 note) is amended--
       (1) in subparagraph (A), by striking ``job generation'' and
     inserting ``economic redevelopment'';
       (2) by striking subparagraph (B) and inserting the
     following new subparagraph:
       ``(B) Real or personal property at a military installation
     shall be conveyed, without consideration, under subparagraph
     (A) to the redevelopment authority with respect to the
     installation if the authority--
       ``(i) agrees that the proceeds from any sale or lease of
     the property (or any portion thereof) received by the
     redevelopment authority during at least the first seven years
     after the date of the initial transfer of the property under
     subparagraph (A) or the completion of the initial
     redevelopment of the property, whichever is earlier, shall be
     used to support the economic redevelopment of, or related to,
     the installation; and
       ``(ii) executes the agreement for transfer of the property
     and accepts control of the property within a reasonable time
     after the requirements associated with subsection (c) are
     satisfied.''; and
       (3) in subparagraph (C), by adding at the end the following
     new clause:
       ``(xiii) Environmental restoration, waste management, and
     environmental compliance activities provided pursuant to
     subsection (e).''.
       (b) Recoupment Authority.--Subsection (b)(4)(D) of such
     section is amended--
       (1) by striking ``The Secretary'' and inserting ``At the
     conclusion of the period specified in subparagraph (B)
     applicable to an installation, the Secretary''; and
       (2) by striking ``for the period specified in subparagraph
     (B)'' and inserting ``before the conclusion of such period''.

[[Page H7325]]

       (c) Regulations and Report Concerning Property
     Conveyances.--
       (1) Regulations.--Not later than 60 days after the date of
     the enactment of this Act, the Secretary of Defense shall
     prescribe regulations to implement the amendments made by
     this section to support the conveyance of surplus real and
     personal property at closed or realigned military
     installations to local redevelopment authorities for economic
     development purposes.
       (2) Report.--Not later than 180 days after the date of the
     enactment of this Act, the Secretary of Defense shall submit
     to Congress a report regarding the status of current and
     anticipated economic development conveyances involving
     surplus real and personal property at closed or realigned
     military installations, projected job creation as a result of
     the conveyances, community reinvestment, and progress made as
     a result of the implementation of the amendments made by this
     section.

                       Subtitle C--Other Matters

     SEC. 2721. SENSE OF CONGRESS ON ENSURING JOINT BASING
                   RECOMMENDATIONS DO NOT ADVERSELY AFFECT
                   OPERATIONAL READINESS.

       It is the sense of Congress that, in implementing the joint
     basing recommendations of the Defense Base Closure and
     Realignment Commission contained in the report of the
     Commission transmitted to Congress on September 15, 2005,
     under section 2903(e) of the Defense Base Closure and
     Realignment Act of 1990 (part A of title XXIX of Public Law
     101-510; 10 U.S.C. 2687 note), the Secretary of Defense
     should ensure that the joint basing of military installations
     at any of the recommended locations does not adversely
     impact--
       (1) the ability of commanders, and the units of the Armed
     Forces under their command, to perform their operational
     missions;
       (2) the command and control of commanders at each military
     installation that has an operational mission requirement; and
       (3) the readiness of the units of the Armed Forces under
     their command.

     SEC. 2722. MODIFICATION OF CLOSURE INSTRUCTIONS REGARDING
                   PAUL DOBLE ARMY RESERVE CENTER, PORTSMOUTH, NEW
                   HAMPSHIRE.

       With respect to the closure of the Paul Doble Army Reserve
     Center in Portsmouth, New Hampshire, and relocation of units
     to a new reserve center and associated training and
     maintenance facilities, the new reserve center and associated
     training and maintenance facilities may be located adjacent
     to or in the vicinity of Pease Air National Guard Base.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Modification of unspecified minor construction authorities.
Sec. 2802. Congressional notification of facility repair projects
              carried out using operation and maintenance funds.
Sec. 2803. Authorized scope of work variations for military
              construction projects and military family housing
              projects.
Sec. 2804. Imposition of requirement that acquisition of reserve
              component facilities be authorized by law.
Sec. 2805. Report on Department of Defense contributions to States for
              acquisition, construction, expansion, rehabilitation, or
              conversion of reserve component facilities.
Sec. 2806. Authority to use operation and maintenance funds for
              construction projects inside the United States Central
              Command area of responsibility.
Sec. 2807. Expansion of First Sergeants Barracks Initiative.
Sec. 2808. Reports on privatization initiatives for military
              unaccompanied housing.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Imposition of requirement that leases of real property to
              the United States with annual rental costs of more than
              $750,000 be authorized by law.
Sec. 2812. Consolidation of notice-and-wait requirements applicable to
              leases of real property owned by the United States.
Sec. 2813. Clarification of authority of military departments to
              acquire low-cost interests in land and interests in land
              when need is urgent.
Sec. 2814. Modification of utility systems conveyance authority.
Sec. 2815. Decontamination and use of former bombardment area on island
              of Culebra.
Sec. 2816. Disposal of excess property of Armed Forces Retirement Home.
Sec. 2817. Acceptance of contributions to support cleanup efforts at
              former Almaden Air Force Station, California.
Sec. 2818. Limitation on establishment of Navy outlying landing fields.
Sec. 2819. Prohibition on outlying landing field at Sandbanks or Hale's
              Lake, North Carolina, for Oceana Naval Air Station.
Sec. 2820. Selection of military installations to serve as locations of
              brigade combat teams.

           Subtitle C--Provisions Related to Guam Realignment

Sec. 2831. Role of Under Secretary of Defense for Policy in management
              and coordination of Department of Defense activities
              relating to Guam realignment.
Sec. 2832. Clarifications regarding use of special purpose entities to
              assist with Guam realignment.
Sec. 2833. Workforce issues related to military construction and
              certain other transactions on Guam.
Sec. 2834. Composition of workforce for construction projects funded
              through the Support for United States Relocation to Guam
              Account.
Sec. 2835. Interagency Coordination Group of Inspector Generals for
              Guam Realignment.
Sec. 2836. Compliance with Naval Aviation Safety requirements as
              condition on acceptance of replacement facility for
              Marine Corps Air Station, Futenma, Okinawa.
Sec. 2837. Report and sense of Congress on Marine Corps training
              requirements in Asia-Pacific region.

                      Subtitle D--Energy Security

Sec. 2841. Adoption of unified energy monitoring and management system
              specification for military construction and military
              family housing activities.
Sec. 2842. Department of Defense use of electric and hybrid motor
              vehicles.
Sec. 2843. Department of Defense goal regarding use of renewable energy
              sources to meet facility energy needs.
Sec. 2844. Comptroller General report on Department of Defense
              renewable energy initiatives.
Sec. 2845. Study on development of nuclear power plants on military
              installations.

                      Subtitle E--Land Conveyances

Sec. 2851. Transfer of administrative jurisdiction, Port Chicago Naval
              Magazine, California.
Sec. 2852. Land conveyances, Naval Air Station, Barbers Point, Hawaii.
Sec. 2853. Modification of land conveyance, former Griffiss Air Force
              Base, New York.
Sec. 2854. Land conveyance, Army Reserve Center, Chambersburg,
              Pennsylvania.
Sec. 2855. Land conveyance, Naval Air Station Oceana, Virginia.
Sec. 2856. Land conveyance, Haines Tank Farm, Haines, Alaska.
Sec. 2857. Completion of land exchange and consolidation, Fort Lewis,
              Washington.

                       Subtitle F--Other Matters

Sec. 2871. Revised authority to establish national monument to honor
              United States Armed Forces working dog teams.
Sec. 2872. Naming of child development center at Fort Leonard Wood,
              Missouri, in honor of Mr. S. Lee Kling.
Sec. 2873. Conditions on establishment of Cooperative Security Location
              in Palanquero, Colombia.
Sec. 2874. Military activities at United States Marine Corps Mountain
              Warfare Training Center.

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

     SEC. 2801. MODIFICATION OF UNSPECIFIED MINOR CONSTRUCTION
                   AUTHORITIES.

       (a) Repeal of Limitations on Exercise-Related Projects
     Overseas.--Section 2805 of title 10, United States Code, is
     amended--
       (1) in subsection (a)--
       (A) by striking ``(1) Except as provided in paragraph (2),
     within'' and inserting ``Within'';
       (B) by striking paragraph (2); and
       (C) by striking ``An unspecified'' and inserting the
     following:
       ``(2) An unspecified''; and
       (2) in subsection (c)--
       (A) by striking ``Except as provided in paragraphs (2) and
     (3)'' and inserting ``Except as provided in paragraph (2)'';
       (B) by striking paragraph (2); and
       (C) by redesignating paragraph (3) as paragraph (2).
       (b) Laboratory Revitalization.--
       (1) Revitalization authorized.--Subsection (d) of such
     section is amended--
       (A) in paragraph (1)(B), by inserting ``or from funds
     authorized to be available under section 219(a) of the Duncan
     Hunter National Defense Authorization Act for Fiscal Year
     2009 (Public Law 110-417; 10 U.S.C. 2358 note)'' after
     ``authorized by law'';
       (B) by striking paragraph (3); and
       (C) by redesignating paragraphs (4), (5), and (6) as
     paragraphs (3), (4), and (5), respectively.
       (2) Mechanisms to provide funds for revitalization.--
     Section 219(a)(1) of the Duncan Hunter National Defense
     Authorization Act for Fiscal Year 2009 (Public Law 110-417;
     10 U.S.C. 2358 note) is amended by adding at the end the
     following new subparagraph:
       ``(D) To fund the revitalization and recapitalization of
     the laboratory pursuant to section 2805(d) of title 10,
     United States Code.''.

     SEC. 2802. CONGRESSIONAL NOTIFICATION OF FACILITY REPAIR
                   PROJECTS CARRIED OUT USING OPERATION AND
                   MAINTENANCE FUNDS.

       Section 2811(d) of title 10, United States Code, is
     amended--
       (1) in paragraph (1), by striking ``and'' at the end; and
       (2) by striking paragraph (2) and inserting the following
     new paragraphs:
       ``(2) if the current estimate of the cost of the repair
     project exceeds 50 percent of the estimated cost of a
     military construction project to

[[Page H7326]]

     replace the facility, an explanation of the reasons why
     replacement of the facility is not in the best interest of
     the Government; and
       ``(3) a description of the elements of military
     construction, including the elements specified in section
     2802(b) of this title, incorporated into the repair
     project.''.

     SEC. 2803. AUTHORIZED SCOPE OF WORK VARIATIONS FOR MILITARY
                   CONSTRUCTION PROJECTS AND MILITARY FAMILY
                   HOUSING PROJECTS.

       (a) Authorized Process to Increase Scope of Work.--Section
     2853 of title 10, United States Code, is amended--
       (1) in subsection (b)--
       (A) by striking ``Except'' and inserting ``Limitation on
     Scope of Work Variations.--(1) Except''; and
       (B) by adding at the end the following new paragraph:
       ``(2) Except as provided in subsection (c), the scope of
     work for a military construction project or for the
     construction, improvement, and acquisition of a military
     family housing project may not be increased beyond the amount
     approved for that project, construction, improvement, or
     acquisition by Congress.''; and
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking
     ``scope reduction in subsection (b) does not apply if the
     variation in cost or reduction'' and inserting ``scope of
     work variations in subsection (b) does not apply if the
     variation in cost or the variation''; and
       (B) in paragraph (1), by striking ``reduction'' both places
     it appears and inserting ``variation''.
       (b) Stylistic Amendments.--Such section is further
     amended--
       (1) in subsection (a), by inserting ``Limitation on Cost
     Variations.--'' before ``Except'';
       (2) in subsection (c), by inserting ``Exception; Notice-
     and-Wait Requirements.--'' after ``(c)''; and
       (3) in subsection (d), by inserting ``Additional Exception
     to Limitation on Cost Variations.--'' after ``(d)''.

     SEC. 2804. IMPOSITION OF REQUIREMENT THAT ACQUISITION OF
                   RESERVE COMPONENT FACILITIES BE AUTHORIZED BY
                   LAW.

       Section 18233(a)(1) of title 10, United States Code, is
     amended by striking ``as he determines to be necessary'' and
     inserting ``as are authorized by law''.

     SEC. 2805. REPORT ON DEPARTMENT OF DEFENSE CONTRIBUTIONS TO
                   STATES FOR ACQUISITION, CONSTRUCTION,
                   EXPANSION, REHABILITATION, OR CONVERSION OF
                   RESERVE COMPONENT FACILITIES.

       (a) Report Required.--Not later than March 1, 2010, the
     Secretary of Defense shall submit to the congressional
     defense committees a report specifying, for each of fiscal
     years 2005 through 2009, the total amount of contributions
     made by the Secretary to each State under the authority of
     paragraphs (2) through (6) of section 18233(a) of title 10,
     United States Code, for reserve component facilities. The
     amounts contributed under each of such paragraphs for each
     State shall be specified separately.
       (b) Definitions.--In this section, the terms ``State'' and
     ``facility'' have the meanings given those terms in section
     18232 of such title.

     SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS
                   FOR CONSTRUCTION PROJECTS INSIDE THE UNITED
                   STATES CENTRAL COMMAND AREA OF RESPONSIBILITY.

       (a) One-Year Extension of Authority.--Section 2808 of the
     Military Construction Authorization Act for Fiscal Year 2004
     (division B of Public Law 108-136; 117 Stat. 1723), as most
     recently amended by section 2806 of the Military Construction
     Authorization Act for Fiscal Year 2009 (division B of Public
     Law 110-417; 112 Stat. 4724), is amended--
       (1) in subsection (a), by striking ``During fiscal year
     2004'' and all that follows through ``obligate'' and
     inserting ``The Secretary of Defense may obligate''; and
       (2) by adding at the end the following new subsection:
       ``(h) Expiration of Authority.--The authority to obligate
     funds under this section expires on September 30, 2010.''.
       (b) Geographic Area of Authority.--Subsection (a) of such
     section is further amended by striking ``and United States
     Africa Command areas of responsibility'' and inserting ``area
     of responsibility''.
       (c) Annual Funding Limitation on Use of Authority;
     Exception.--Subsection (c) of such section is amended by
     striking paragraph (2) and inserting the following new
     paragraph:
       ``(2) Notwithstanding paragraph (1), the Secretary of
     Defense may authorize the obligation under this section of
     not more than an additional $10,000,000 of appropriated funds
     available for operation and maintenance for a fiscal year if
     the Secretary determines that the additional funds are needed
     for costs associated with contract closeouts.''.
       (d) Clerical Amendment to Correct Reference to
     Congressional Committee.--Subsection (f) of such section is
     amended by striking ``Subcommittees on Defense and Military
     Construction'' both places it appears and inserting
     ``Subcommittee on Defense and the Subcommittee on Military
     Construction, Veterans Affairs, and Related Agencies''.

     SEC. 2807. EXPANSION OF FIRST SERGEANTS BARRACKS INITIATIVE.

       (a) Expansion of Initiative.--Not later than September 30,
     2011, the Secretary of the Army shall expand the First
     Sergeants Barracks Initiative (FSBI) to include all Army
     installations in order to improve the quality of life and
     living environments for single soldiers.
       (b) Progress Reports.--Not later than February 15, 2010,
     and February 15, 2011, the Secretary of the Army shall submit
     to the congressional defense committees a report describing
     the progress made in expanding the First Sergeants Barracks
     Initiative to all Army installations.

     SEC. 2808. REPORTS ON PRIVATIZATION INITIATIVES FOR MILITARY
                   UNACCOMPANIED HOUSING.

       (a) Secretary of Defense Report.--Not later than March 31,
     2010, the Secretary of Defense shall submit to the Committees
     on Armed Services of the Senate and the House of
     Representatives a report containing--
       (1) an evaluation of the process by which the Secretary
     develops, implements, and oversees housing privatization
     transactions involving military unaccompanied housing;
       (2) recommendations regarding additional opportunities for
     members of the Armed Forces to utilize housing privatization
     transactions involving military unaccompanied housing; and
       (3) an evaluation of the impact of a prohibition on
     civilian occupancy of such housing on the ability to secure
     private partners for such housing privatization transactions.
       (b) Comptroller General Report.--Not later than March 31,
     2010, the Comptroller General shall submit to the Committees
     on Armed Services of the Senate and the House of
     Representatives a report evaluating the feasibility and cost
     of privatizing military unaccompanied housing for all members
     of the Armed Forces.
       (c) Housing Privatization Transaction Defined.--In this
     section, the term ``housing privatization transaction'' means
     any contract or other transaction for the construction or
     acquisition of military unaccompanied housing entered into
     under the authority of subchapter IV of chapter 169 of title
     10, United States Code.

        Subtitle B--Real Property and Facilities Administration

     SEC. 2811. IMPOSITION OF REQUIREMENT THAT LEASES OF REAL
                   PROPERTY TO THE UNITED STATES WITH ANNUAL
                   RENTAL COSTS OF MORE THAN $750,000 BE
                   AUTHORIZED BY LAW.

       (a) Authorization Required.--Section 2661 of title 10,
     United States Code, is amended by inserting after subsection
     (b) the following new subsection:
       ``(c) Authorization of Certain Leases to the United States
     Required by Law.--If the estimated annual rental in
     connection with a proposed lease of real property to the
     United States is more than $750,000, the Secretary of a
     military department or, with respect to a Defense Agency, the
     Secretary of Defense may enter into the lease or utilize the
     General Services Administration to enter into the lease on
     the Secretary's behalf only if the lease is specifically
     authorized by law.''.
       (b) Repeal of Notice and Wait Requirements Regarding Such
     Leases.--
       (1) Repeal.--Section 2662 of such title is amended--
       (A) in subsection (a)(1)--
       (i) by striking subparagraph (B); and
       (ii) by redesignating subparagraphs (C) through (G) as
     subparagraphs (B) through (F), respectively; and
       (B) by striking subsection (e).
       (2) Conforming amendments.--Such section is further
     amended--
       (A) in subsection (a)(2)--
       (i) by striking ``or (B)'';
       (ii) by striking ``or leases to be made''; and
       (iii) by striking ``subparagraph (E)'' and inserting
     ``subparagraph (D)''; and
       (B) in subsection (g)--
       (i) in paragraph (1), by striking ``, and the reporting
     requirement set forth in subsection (e) shall not apply with
     respect to a real property transaction otherwise covered by
     that subsection,''; and
       (ii) in paragraph (3), by striking ``or (e), as the case
     may be''.

     SEC. 2812. CONSOLIDATION OF NOTICE-AND-WAIT REQUIREMENTS
                   APPLICABLE TO LEASES OF REAL PROPERTY OWNED BY
                   THE UNITED STATES.

       (a) Notice-and-Wait Requirements.--Section 2662 of title
     10, United States Code, as amended by section 2821(b), is
     further amended by inserting after subsection (d) the
     following new subsection:
       ``(e) Additional Reporting Requirements Regarding Leases of
     Real Property Owned by the United States.--(1) In the case of
     a proposed lease or license of real property owned by the
     United States covered by paragraph (1)(B) of subsection (a),
     the Secretary of a military department or the Secretary of
     Defense may not issue a contract solicitation or other lease
     offering with regard to the transaction unless the Secretary
     complies with the notice-and wait requirements of paragraph
     (3) of such subsection. The monthly report under such
     paragraph shall include the following with regard to the
     proposed transaction:
       ``(A) A description of the proposed transaction, including
     the proposed duration of the lease or license.
       ``(B) A description of the authorities to be used in
     entering into the transaction and the intended participation
     of the United States in the lease or license, including a
     justification of the intended method of participation.
       ``(C) A statement of the scored cost of the transaction,
     determined using the scoring criteria of the Office of
     Management and Budget.
       ``(D) A determination that the property involved in the
     transaction is not excess property, as required by section
     2667(a)(3) of this title, including the basis for the
     determination.
       ``(E) A determination that the proposed transaction is
     directly compatible with the mission of the military
     installation or Defense Agency at which the property is
     located and a description of the anticipated long-term use of
     the property at the conclusion of the lease or license.
       ``(F) A description of the requirements or conditions
     within the contract solicitation or other lease offering for
     the offeror to address taxation issues, including payments-
     in-lieu-of taxes, and other development issues related to
     local municipalities.

[[Page H7327]]

       ``(2) The Secretary of a military department or the
     Secretary of Defense may not enter into the actual lease or
     license with respect to property for which the information
     required by paragraph (1) was submitted in a monthly report
     under subsection (a)(3) unless the Secretary again complies
     with the notice-and wait requirements of such subsection. The
     subsequent monthly report shall include the following with
     regard to the proposed transaction:
       ``(A) A cross reference to the prior monthly report that
     contained the information submitted under paragraph (1) with
     respect to the transaction.
       ``(B) A description of the differences between the
     information submitted under paragraph (1) and the information
     regarding the transaction being submitted in the subsequent
     report.
       ``(C) A description of the payment to be required in
     connection with the lease or license, including a description
     of any in-kind consideration that will be accepted.
       ``(D) A description of any community support facility or
     provision of community support services under the lease or
     license, regardless of whether the facility will be operated
     by a covered entity (as defined in section 2667(d) of this
     title) or the lessee or the services will be provided by a
     covered entity or the lessee.
       ``(E) A description of the competitive procedures used to
     select the lessee or, in the case of a lease involving the
     public benefit exception authorized by section 2667(h)(2) of
     this title, a description of the public benefit to be served
     by the lease.
       ``(F) If the proposed lease or license involves a project
     related to energy production, and the term of the lease or
     license exceeds 20 years, a certification that the project is
     consistent with the Department of Defense performance goals
     and plan required by section 2911 of this title.''.
       (b) Exception for Leases Under Base Closure Process.--
     Subsection (a)(1)(B) of such section, as redesignated by
     section 2821(b), is amended by inserting after ``United
     States'' the following: ``(other than a lease or license
     entered into under section 2667(g) of this title)''.
       (c) Conforming Amendments to Lease of Non-Excess Property
     Authority.--Section 2667 of such title is amended--
       (1) in subsection (c), by striking paragraph (4);
       (2) in subsection (d), by striking paragraph (6); and
       (3) in subsection (h)--
       (A) by striking paragraphs (3) and (5); and
       (B) by redesignating paragraph (4) as paragraph (3).

     SEC. 2813. CLARIFICATION OF AUTHORITY OF MILITARY DEPARTMENTS
                   TO ACQUIRE LOW-COST INTERESTS IN LAND AND
                   INTERESTS IN LAND WHEN NEED IS URGENT.

       Section 2664(a) of title 10, United States Code, is
     amended--
       (1) by inserting ``(1)'' before ``No military''; and
       (2) by striking ``The foregoing limitation shall not apply
     to the acceptance'' and inserting the following:
       ``(2) Paragraph (1) shall not apply to the following:
       ``(A) The acquisition of low-cost interests in land, as
     authorized by section 2663(c) of this title.
       ``(B) The acquisition of interests in land when the need is
     urgent, as authorized by section 2663(d) of this title.
       ``(C) The acceptance''.

     SEC. 2814. MODIFICATION OF UTILITY SYSTEMS CONVEYANCE
                   AUTHORITY.

       (a) Clarification of Required Determination That Conveyance
     Reduce Long-Term Costs.--Paragraph (2)(A)(ii) of subsection
     (a) of section 2688 of title 10, United States Code, is
     amended by striking ``system; and'' and inserting the
     following: ``system--
       ``(I) by 10 percent of the long-term cost for provision of
     those utility services in the agency tender, for periods of
     performance specified in subsection (d)(1); or
       ``(II) 20 percent of the long-term cost for provision of
     those utility services in the agency tender, for periods of
     performance specified in subsection (d)(2); and''.
       (b) Limitation on Repeated Use of Authority for Same
     Utility System.--Such subsection is further amended by adding
     at the end the following new paragraph:
       ``(3) If, as a result of the economic analysis required by
     paragraph (2)(A), the Secretary concerned determines that a
     utility system, or part of a utility system, is not eligible
     for conveyance under this subsection, the Secretary concerned
     may not reconsider the utility system, or part of a utility
     system, for conveyance under this subsection or for
     conversion to contractor operation under section 2461 of this
     title for a period of five years beginning on the date of the
     determination. In addition, if the results of a public-
     private competition for conversion of a utility system, or
     part of a utility system, to operation by a contractor favors
     continued operation by civilian employees of the Department
     of Defense, the Secretary concerned may not reconsider the
     utility system, or part of a utility system, for conversion
     under such section or for conveyance under this subsection
     for a period of five years beginning on the date of the
     completion of the public-private competition.''.

     SEC. 2815. DECONTAMINATION AND USE OF FORMER BOMBARDMENT AREA
                   ON ISLAND OF CULEBRA.

       Section 204 of the Military Construction Authorization Act,
     1974 (Public Law 93-166; 87 Stat. 668) is amended by striking
     subsection (c).

     SEC. 2816. DISPOSAL OF EXCESS PROPERTY OF ARMED FORCES
                   RETIREMENT HOME.

       Section 1511(e)(3) of the Armed Forces Retirement Home Act
     of 1991 (24 U.S.C. 411(e)(3)) is amended--
       (1) by striking the first sentence and inserting the
     following new sentence: ``If the Secretary of Defense
     determines that any property of the Retirement Home is excess
     to the needs of the Retirement Home, the Secretary shall
     dispose of the property in accordance with subchapter III of
     chapter 5 of title 40, United States Code (40 U.S.C. 541 et
     seq.).''; and
       (2) by striking the last sentence.

     SEC. 2817. ACCEPTANCE OF CONTRIBUTIONS TO SUPPORT CLEANUP
                   EFFORTS AT FORMER ALMADEN AIR FORCE STATION,
                   CALIFORNIA.

       (a) Acceptance of Contributions; Purpose.--The Secretary of
     the Air Force may accept contributions from other Federal
     entities, the State of California, and other entities, both
     public and private, for the purposes of helping to cover the
     costs of--
       (1) demolition of property at former Almaden Air Force
     Station, California; and
       (2) environmental remediation and restoration and other
     efforts to further the ultimate end use of the property for
     conservation and recreation purposes.
       (b) Availability.--Amounts received as contributions under
     subsection (a) may be merged with other amounts available to
     the Secretary to carry out the purposes described in such
     subsection and shall be available, in such amounts as may be
     provided in advance in appropriation Act, for such purposes.

     SEC. 2818. LIMITATION ON ESTABLISHMENT OF NAVY OUTLYING
                   LANDING FIELDS.

       (a) Limitation.--The Secretary of the Navy may not
     establish an outlying landing field at a proposed location to
     be used by naval aircraft if, within 90 days after the
     issuance of the final environmental assessment or
     environmental impact statement regarding the proposed
     location pursuant to section 102(2) of the National
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), the
     Secretary determines that the governmental body of the
     political subdivision of a State containing the proposed
     location is formally opposed to the establishment of the
     outlying landing field.
       (b) Exception.--Subsection (a) shall not apply if Congress
     enacts a law authorizing the Secretary to proceed with the
     outlying landing field notwithstanding the local government
     action.

     SEC. 2819. PROHIBITION ON OUTLYING LANDING FIELD AT SANDBANKS
                   OR HALE'S LAKE, NORTH CAROLINA, FOR OCEANA
                   NAVAL AIR STATION.

       The Secretary of the Navy may not establish, consider the
     establishment of, or purchase land, construct facilities,
     implement bird management plans, or conduct any other
     activities that would facilitate the establishment of, an
     outlying landing field at either of the proposed sites in
     North Carolina, Sandbanks or Hale's Lake, to support field
     carrier landing practice for naval aircraft operating out of
     Oceana, Naval Air Station, Virginia.

     SEC. 2820. SELECTION OF MILITARY INSTALLATIONS TO SERVE AS
                   LOCATIONS OF BRIGADE COMBAT TEAMS.

       In selecting the military installations at which brigade
     combat teams will be stationed, which previously included
     Fort Bliss, Texas, Fort Carson, Colorado, and Fort Stewart,
     Georgia, the Secretary of the Army shall take into
     consideration the availability and proximity of training
     spaces for the units and the capacity of the installations to
     support the units.

           Subtitle C--Provisions Related to Guam Realignment

     SEC. 2831. ROLE OF UNDER SECRETARY OF DEFENSE FOR POLICY IN
                   MANAGEMENT AND COORDINATION OF DEPARTMENT OF
                   DEFENSE ACTIVITIES RELATING TO GUAM
                   REALIGNMENT.

       Section 134 of title 10, United States Code, is amended by
     adding at the end the following new subsection:
       ``(d)(1) Until September 30, 2019, the Under Secretary
     shall have responsibility for coordinating the activities of
     the Department of Defense in connection with the realignment
     of military installations and the relocation of military
     personnel on Guam (in this subsection referred to as the
     `Guam realignment').
       ``(2) The Joint Guam Program Office shall report directly
     to the Under Secretary in carrying out its activities in
     connection with the Guam realignment.
       ``(3) In carrying out the responsibilities assigned by
     paragraph (1), the Under Secretary shall coordinate with the
     National Security Advisor and serve as the official
     representative of the Secretary of Defense at meetings of the
     Interagency Group on Insular Areas, which was established by
     Executive Order No. 13299 of May 12, 2003 (68 Fed. Reg.
     25477; 48 U.S.C. note prec. 1451), and any sub-group or
     working group of that interagency group.
       ``(4) The Under Secretary shall remain the primary lead
     within the Department of Defense for coordination with the
     Secretary of State on all matters concerning the
     implementation of the agreement entitled `Agreement between
     the Government of the United States of America and the
     Government of Japan concerning the Implementation of the
     Relocation of the III Marine Expeditionary Force Personnel
     and their Dependents from Okinawa to Guam'.
       ``(5) The assignment of responsibilities by paragraph (1)
     does not confer upon the Under Secretary the authority to
     control funds made available to the military departments for
     the Guam realignment. The Joint Guam Program Office shall
     remain as the primary coordinator of the resources provided
     by each military department involved in the Guam
     realignment.''.

     SEC. 2832. CLARIFICATIONS REGARDING USE OF SPECIAL PURPOSE
                   ENTITIES TO ASSIST WITH GUAM REALIGNMENT.

       (a) Special Purpose Entity Defined.--In this section, the
     term ``special purpose entity'' means a wholly independent
     entity established for a specific and limited purpose to
     facilitate the realignment of military installations and the
     relocation of military personnel on Guam.

[[Page H7328]]

       (b) Report on Implementation Guidance for Special Purpose
     Entities.--
       (1) Report required.--Not later than 180 days after the
     date of the enactment of this Act, the Secretary of Defense
     shall submit to the congressional defense committees a report
     containing the implementation guidance developed regarding
     the use of special purpose entities to assist with the
     realignment of military installations and the relocation of
     military personnel on Guam.
       (2) Notice and wait.--The Secretary of Defense may not
     authorize the use of the implementation guidance referred to
     in paragraph (1) until the end of the 30-day period (15-day
     period if the report is submitted electronically) beginning
     on the date on which the report required by such paragraph is
     submitted.
       (c) Applicability of Unified Facilities Criteria.--
       (1) Applicability to section 2350k contributions.--Section
     2824(c)(4) of the Military Construction Authorization Act for
     Fiscal Year 2009 (division B of Public Law 110-417; 10 U.S.C.
     2687 note) is amended by adding at the end the following new
     subparagraph:
       ``(D) Applicability of unified facilities criteria.--The
     unified facilities criteria promulgated by the Under
     Secretary of Defense for Acquisition, Technology, and
     Logistics and dated May 29, 2002, or any successor to such
     criteria shall apply to the obligation of contributions
     referred to in subsection (b)(1) for a transaction authorized
     by paragraph (1).''.
       (2) Applicability to special purpose entity
     contributions.--The unified facilities criteria promulgated
     by the Under Secretary of Defense for Acquisition,
     Technology, and Logistics and dated May 29, 2002, or any
     successor to such criteria shall apply to the obligation of
     contributions provided by a special purpose entity.
       (3) Report.--Not later than 180 days after the date of the
     enactment of this Act, the Secretary of Defense shall submit
     to the congressional defense committees a report containing
     an evaluation of various options, including a preferred
     option, that the Secretary could utilize to comply with the
     unified facilities criteria referred to in paragraph (2) in
     the acquisition of military housing on Guam in connection
     with the realignment of military installations and the
     relocation of military personnel on Guam. The report shall
     specifically consider increasing the overseas housing
     allowance for members of the Armed Forces serving on Guam and
     providing a direct Federal subsidy to public-private
     ventures.
       (d) Sense of Congress on Scope of Utility Infrastructure
     Improvements.--Section 2821 of the Military Construction
     Authorization Act for Fiscal Year 2009 (division B of Public
     Law 110-417; 122 Stat. 4729) is amended--
       (1) by redesignating subsection (c) as subsection (b); and
       (2) in such subsection, by striking ``should incorporate
     the civilian and military infrastructure into a single grid
     to realize and maximize the effectiveness of the overall
     utility system'' and inserting ``should support proposed
     utility infrastructure improvements on Guam that incorporate
     the civilian and military infrastructure into a single grid
     to realize and maximize the effectiveness of the overall
     utility system, rather than simply supporting one or more
     military installations''.

     SEC. 2833. WORKFORCE ISSUES RELATED TO MILITARY CONSTRUCTION
                   AND CERTAIN OTHER TRANSACTIONS ON GUAM.

       (a) Prevailing Wage Requirements.--Subsection (c) of
     section 2824 of the Military Construction Authorization Act
     for Fiscal Year 2009 (division B of Public Law 110-417; 10
     U.S.C. 2687 note) is amended by adding at the end the
     following new paragraph:
       ``(5) Application of prevailing wage requirements.--
       ``(A) Application; relation to wage rates in hawaii.--The
     requirements of subchapter IV of chapter 31 of title 40,
     United States Code, shall apply to any military construction
     project or other transaction authorized by paragraph (1) that
     is carried out on Guam using contributions referred to in
     subsection (b)(1) or appropriated funds, except that the wage
     rates determined pursuant to such subchapter for Guam may not
     be less than the lowest wage rates determined for the
     applicable class of laborer or mechanic on projects or
     transactions of a similar character under such subchapter for
     Hawaii.
       ``(B) Secretary of labor authorities.--In order to carry
     out the requirements of subparagraph (A) and paragraph (6)
     (relating to composition of workforce for construction
     projects), the Secretary of Labor shall have the authority
     and functions set forth in Reorganization Plan Number 14 of
     1950 and section 3145 of title 40, United States Code.
       ``(C) Addition to weekly statement on the wages paid.--In
     the case of projects and other transactions covered by
     subparagraph (A), the weekly statement required by section
     3145 of title 40, United States Code, shall also identify
     each employee working on the project or transaction who holds
     a visa issued under section 101(a)(15)(H)(ii)(b) of the
     Immigration and Nationality Act (8 U.S.C.
     1101(a)(15)(H)(ii)(b)).
       ``(D) Duration of requirements.--The Secretary of Labor
     shall make and issue a wage rate determination for Guam
     annually until 90 percent of the funds in the Account and
     other funds made available for the realignment of military
     installations and the relocation of military personnel on
     Guam have been expended.''.
       (b) Reporting Requirements Regarding Support of
     Construction Workforce.--Subsection (e) of such section is
     amended--
       (1) by striking ``Not later than'' and inserting the
     following:
       ``(1) Military construction information.--Not later than'';
     and
       (2) by adding at the end the following new paragraph:
       ``(2) Construction workforce information.--The annual
     report shall also include an assessment of the living
     standards of the construction workforce employed to carry out
     military construction projects covered by the report,
     including, at a minimum, the adequacy of contract standards
     and infrastructure that support temporary housing the
     construction workforce and their medical needs.''.

     SEC. 2834. COMPOSITION OF WORKFORCE FOR CONSTRUCTION PROJECTS
                   FUNDED THROUGH THE SUPPORT FOR UNITED STATES
                   RELOCATION TO GUAM ACCOUNT.

       (a) Composition of Workforce.--Section 2824(c) of the
     Military Construction Authorization Act for Fiscal Year 2009
     (division B of Public Law 110-417; 10 U.S.C. 2687 note) is
     amended by inserting after paragraph (5), as added by section
     2833, the following new paragraph:
       ``(6) Composition of workforce for construction projects.--
       ``(A) Percentage limitation.--With respect to each
     construction project for which ground-breaking occurs before
     October 1, 2011, and that is carried out using amounts
     described in subparagraph (B), not more than 30 percent of
     the total hours worked per month on the construction project
     may be performed by persons holding visas issued under
     section 101(a)(15)(H)(ii)(b) of the Immigration and
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
       ``(B) Source of funds.--Subparagraph (A) applies to--
       ``(i) amounts in the Account used for projects associated
     with the realignment of military installations and the
     relocation of military personnel on Guam;
       ``(ii) funds associated with activities under section 2821
     of this Act; and
       ``(iii) funds for authorized military construction
     projects.
       ``(C) Solicitation of workers.--In order to ensure
     compliance with subparagraph (A), as a condition of a
     contract covered by such subparagraph, the contractor shall
     be required to advertise and solicit for construction workers
     in the United States, including territories in the Pacific
     region, in accordance with a recruitment plan created by the
     Secretary of Labor. The contractor shall submit a copy of the
     employment offer, including a description of wages and other
     terms and conditions of employment, to the Secretary of
     Labor. The contractor shall authorize the Secretary of Labor
     to post a notice of the employment offer on a website, with
     State and local job banks, with State workforce agencies, and
     with unemployment agencies and other referral and recruitment
     sources pertinent to the employment opportunity.''.
       (b) Reporting Requirements.--
       (1) Secretary of defense.--Not later than June 30, 2010,
     the Secretary of Defense shall submit to the congressional
     committees specified in paragraph (3) a report containing an
     assessment of efforts to establish a Project Labor Agreement
     for construction projects associated with the Guam
     realignment as encouraged by Executive Order 13502, entitled
     ``Use of Project Labor Agreements for Federal Construction
     Projects'' (74 Fed. Reg. 6985), as a means of complying with
     the requirements of paragraph (6) of section 2824(c) of the
     Military Construction Authorization Act for Fiscal Year 2009,
     as added by subsection (a).
       (2) Secretary of labor.--Not later than June 30, 2010, the
     Secretary of Labor shall submit to the congressional
     committees specified in paragraph (3) a report containing an
     assessment of--
       (A) the opportunities to expand the recruitment of
     construction workers in the United States, including
     territories in the Pacific region, to support the realignment
     of military installations and the relocation of military
     personnel on Guam, consistent with the requirements of
     paragraph (6) of section 2824(c) of the Military Construction
     Authorization Act for Fiscal Year 2009, as added by
     subsection (a);
       (B) the ability of labor markets to support the Guam
     realignment; and
       (C) the sufficiency of efforts to recruit United States
     construction workers.
       (3) Covered congressional committees.--The reports required
     by this subsection shall be submitted to the congressional
     defense committees, the Committee on Education and Labor of
     the House of Representatives, and the Committee on Health,
     Education, Labor, and Pensions of the Senate.

     SEC. 2835. INTERAGENCY COORDINATION GROUP OF INSPECTOR
                   GENERALS FOR GUAM REALIGNMENT.

       (a) Interagency Coordination Group.--There is hereby
     established the Interagency Coordination Group of Inspector
     Generals for Guam Realignment (in this section referred to as
     the ``Interagency Coordination Group'')--
       (1) to provide for the objective conduct and supervision of
     audits and investigations relating to the programs and
     operations funded with amounts appropriated or otherwise made
     available for military construction on Guam in connection
     with the realignment of military installations and the
     relocation of military personnel on Guam; and
       (2) to provide for coordination of, and recommendations on,
     policies designed to--
       (A) promote economic efficiency, and effectiveness in the
     administration of the programs and operations described in
     paragraph (1); and
       (B) prevent and detect waste, fraud, and abuse in such
     programs and operations; and
       (b) Membership.--
       (1) Chairperson.--The Inspector General of the Department
     of Defense shall serve as chairperson of the Interagency
     Coordination Group.
       (2) Additional members.--Additional members of the
     Interagency Coordination Group shall include the Inspector
     General of the Department of Interior and Inspectors General
     of such other Federal agencies as the chairperson

[[Page H7329]]

     considers appropriate to carry out the duties of the
     Interagency Coordination Group.
       (c) Duties.--
       (1) Oversight of guam construction.--It shall be the duty
     of the Interagency Coordination Group to conduct, supervise,
     and coordinate audits and investigations of the treatment,
     handling, and expenditure of amounts appropriated or
     otherwise made available for military construction on Guam
     and of the programs, operations, and contracts carried out
     utilizing such funds, including--
       (A) the oversight and accounting of the obligation and
     expenditure of such funds;
       (B) the monitoring and review of construction activities
     funded by such funds;
       (C) the monitoring and review of contracts funded by such
     funds;
       (D) the monitoring and review of the transfer of such funds
     and associated information between and among departments,
     agencies, and entities of the United States and private and
     nongovernmental entities;
       (E) the maintenance of records on the use of such funds to
     facilitate future audits and investigations of the use of
     such fund; and
       (F) the monitoring and review of the implementation of the
     Defense Posture Review Initiative relating to the realignment
     of military installations and the relocation of military
     personnel on Guam.
       (2) Other duties related to oversight.--The Interagency
     Coordination Group shall establish, maintain, and oversee
     such systems, procedures, and controls as the Interagency
     Coordination Group considers appropriate to discharge the
     duties under paragraph (1).
       (3) Oversight plan.--The chairperson of the Interagency
     Coordination Group shall prepare an annual oversight plan
     detailing planned audits and reviews related to the Guam
     realignment.
       (d) Assistance From Federal Agencies.--
       (1) Provision of assistance.--Upon request of the
     Interagency Coordination Group for information or assistance
     from any department, agency, or other entity of the Federal
     Government, the head of such entity shall, insofar as is
     practicable and not in contravention of any existing law,
     furnish such information or assistance to the Interagency
     Coordination Group.
       (2) Reporting of refused assistance.--Whenever information
     or assistance requested by the Interagency Coordination Group
     is, in the judgment of the chairperson of the Interagency
     Coordination Group, unreasonably refused or not provided, the
     chairperson shall report the circumstances to the Secretary
     of Defense and to the congressional defense committees
     without delay.
       (e) Reports.--
       (1) Annual reports.--Not later than February 1 of each
     year, the chairperson of the Interagency Coordination Group
     shall submit to the congressional defense committees, the
     Secretary of Defense, and the Secretary of the Interior a
     report summarizing, for the preceding calendar year, the
     activities of the Interagency Coordination Group during such
     year and the activities under programs and operations funded
     with amounts appropriated or otherwise made available for
     military construction on Guam. Each report shall include, for
     the year covered by the report, a detailed statement of all
     obligations, expenditures, and revenues associated with such
     construction, including the following:
       (A) Obligations and expenditures of appropriated funds.
       (B) A project-by-project and program-by-program accounting
     of the costs incurred to date for military construction in
     connection with the realignment of military installations and
     the relocation of military personnel on Guam, together with
     the estimate of the Department of Defense and the Department
     of the Interior, as applicable, of the costs to complete each
     project and each program.
       (C) Revenues attributable to or consisting of funds
     contributed by the Government of Japan in connection with the
     realignment of military installations and the relocation of
     military personnel on Guam and any obligations or
     expenditures of such revenues.
       (D) Operating expenses of agencies or entities receiving
     amounts appropriated or otherwise made available for military
     construction on Guam.
       (E) In the case of any contract, grant, agreement, or other
     funding mechanism described in paragraph (2)--
       (i) the amount of the contract, grant, agreement, or other
     funding mechanism;
       (ii) a brief discussion of the scope of the contract,
     grant, agreement, or other funding mechanism;
       (iii) a discussion of how the department or agency of the
     United States Government involved in the contract, grant,
     agreement, or other funding mechanism identified, and
     solicited offers from, potential individuals or entities to
     perform the contract, grant, agreement, or other funding
     mechanism, together with a list of the potential individuals
     or entities that were issued solicitations for the offers;
     and
       (iv) the justification and approval documents on which was
     based the determination to use procedures other than
     procedures that provide for full and open competition.
       (2) Covered contracts, grants, agreements, and funding
     mechanisms.--A contract, grant, agreement, or other funding
     mechanism described in this paragraph is any major contract,
     grant, agreement, or other funding mechanism that is entered
     into by any department or agency of the United States
     Government that involves the use of amounts appropriated or
     otherwise made available for military construction on Guam
     with any public or private sector entity.
       (3) Form.--Each report required under this subsection shall
     be submitted in unclassified form, but may include a
     classified annex if the Interagency Coordination Group
     considers it necessary.
       (4) Rule of construction.--Nothing in this subsection shall
     be construed to authorize the public disclosure of
     information that is--
       (A) specifically prohibited from disclosure by any other
     provision of law;
       (B) specifically required by Executive order to be
     protected from disclosure in the interest of national defense
     or national security or in the conduct of foreign affairs; or
       (C) a part of an ongoing criminal investigation.
       (5) Submission of comments.--Not later than 30 days after
     receipt of a report under paragraph (1), the Secretary of
     Defense or the Secretary of the Interior may submit to the
     congressional defense committees any comments on the matters
     covered by the report as the Secretary concerned considers
     appropriate. Any comments on the matters covered by the
     report shall be submitted in unclassified form, but may
     include a classified annex if the Secretary concerned
     considers it necessary.
       (f) Public Availability; Waiver.--
       (1) Public availability.--The Interagency Coordination
     Group shall publish on a publically-available Internet
     website each report prepared under subsection (e). Any
     comments on the report submitted under paragraph (5) of such
     subsection shall also be published on such website.
       (2) Waiver authority.--The President may waive the
     requirement under paragraph (1) with respect to availability
     to the public of any element in a report under subsection
     (e), or any comment with respect to a report, if the
     President determines that the waiver is justified for
     national security reasons.
       (3) Notice of waiver.--The President shall publish a notice
     of each waiver made under this subsection in the Federal
     Register no later than the date on which a report required
     under subsection (e), or any comment under paragraph (5) of
     such subsection, is submitted to the congressional defense
     committees. The report and comments shall specify whether
     waivers under this subsection were made and with respect to
     which elements in the report or which comments, as
     appropriate.
       (g) Definitions.--In this section:
       (1) Amounts appropriated or otherwise made available.--The
     term ``amounts appropriated or otherwise made available for
     military construction on Guam'' includes amounts derived from
     the Support for United States Relocation to Guam Account.
       (2) Guam.--The term ``Guam'' includes any island in the
     Northern Mariana Islands.
       (h) Termination.--
       (1) In general.--The Interagency Coordination Group shall
     terminate upon the expenditure of 90 percent of all funds
     appropriated or otherwise made available for Guam
     realignment.
       (2) Final report.--Before the termination of the
     Interagency Coordination Group pursuant to paragraph (1), the
     chairperson of the Interagency Coordination Group shall
     prepare and submit to the congressional defense committees a
     final report containing--
       (A) notice that the termination condition in paragraph (1)
     has occurred; and
       (B) a final forensic audit on programs and operations
     funded with amounts appropriated or otherwise made available
     for military construction on Guam.

     SEC. 2836. COMPLIANCE WITH NAVAL AVIATION SAFETY REQUIREMENTS
                   AS CONDITION ON ACCEPTANCE OF REPLACEMENT
                   FACILITY FOR MARINE CORPS AIR STATION, FUTENMA,
                   OKINAWA.

       The Secretary of Defense may not accept, or authorize any
     other official of the Department of Defense to accept, a
     replacement facility in Okinawa for air operations conducted
     at Marine Corps Air Station, Futenma, Okinawa, unless the
     Secretary certifies to the congressional defense committees
     that the replacement facility satisfies at least minimum
     Naval Aviation Safety requirements. The Secretary may not
     waive any of these requirements.

     SEC. 2837. REPORT AND SENSE OF CONGRESS ON MARINE CORPS
                   TRAINING REQUIREMENTS IN ASIA-PACIFIC REGION.

       (a) Report Required.--Not later than 180 days after the
     date of the enactment of this Act, the Secretary of Defense,
     in consultation with the Secretary of the Navy and the Joint
     Guam Program Office, shall submit to the congressional
     defense committees a report on the training requirements
     necessary for Marine Forces Pacific, the field command of the
     Marine Corps within the United States Pacific Command.
       (b) Contents of Report.--The report required under
     subsection (a) shall contain each of the following:
       (1) A description of the units of the Marine Corps expected
     to be assigned on a permanent or temporary basis to Marine
     Forces Pacific, including the type of unit, the
     organizational element, the current location of the unit, and
     proposed location for the unit.
       (2) A description of the training requirements necessary to
     sustain the current and planned realignment of forces
     according to the agreement entitled ``Agreement between the
     Government of the United States of America and the Government
     of Japan concerning the Implementation of the Relocation of
     the III Marine Expeditionary Force Personnel and their
     Dependents from Okinawa to Guam''.
       (3) A description of the potential effects of undertaking a
     separate environmental impact study for expanded training
     ranges in the Commonwealth of the Northern Mariana Islands
     and for alternative training range options, including
     locations in the Philippines, Thailand, Australia, and Japan.
       (4) The rationale for conducting the Mariana Island Range
     Complex environmental impact statement without including the
     additional training requirements necessary to support the
     additional realignment of Marine Corps units on Guam.

[[Page H7330]]

       (5) A description of the strategic- and tactical-lift
     requirements associated with Marine Forces Pacific, including
     programming information regarding the intent of the
     Department of Defense to eliminate deficiencies in the
     strategic-lift capabilities.
       (c) Sense of Congress.--It is the sense of Congress that an
     evaluation of training requirements for Marine Forces
     Pacific--
       (1) should be conducted and completed as soon as possible;
       (2) should include a training analysis that, at a minimum,
     reviews the capabilities required to support a Marine Air-
     Ground Task Force; and
       (3) should not impact the implementation of the recently
     signed international agreement referred to in subsection
     (b)(2).

                      Subtitle D--Energy Security

     SEC. 2841. ADOPTION OF UNIFIED ENERGY MONITORING AND
                   MANAGEMENT SYSTEM SPECIFICATION FOR MILITARY
                   CONSTRUCTION AND MILITARY FAMILY HOUSING
                   ACTIVITIES.

       (a) Adoption Required.--
       (1) In general.--Subchapter III of chapter 169 of title 10,
     United States Code, is amended by inserting after section
     2866 at the end the following new section:

     ``Sec. 2867. Energy monitoring and management system
       specification for military construction and military family
       housing activities

       ``(a) Adoption of Department-Wide, Open Source, Energy
     Monitoring and Management System Specification.--The
     Secretary of Defense shall adopt an open source energy
     monitoring and management system specification for use
     throughout the Department of Defense in connection with a
     military construction project, military family housing
     activity, or other activity under this chapter for the
     purpose of monitoring and controlling the following with
     respect to the project or activity:
       ``(1) Utilities and energy usage, including electricity,
     gas, steam, and water usage.
       ``(2) Indoor environments, including temperature and
     humidity levels.
       ``(3) Heating, ventilation, and cooling components.
       ``(4) Central plant equipment.
       ``(5) Renewable energy generation systems.
       ``(6) Lighting systems.
       ``(7) Power distribution networks.
       ``(b) Exclusion.--(1) The Secretary concerned may waive the
     application of the energy monitoring and management system
     specification adopted under subsection (a) with respect to a
     specific military construction project, military family
     housing activity, or other activity under this chapter if the
     Secretary determines that the application of the
     specification to the project or activity is not life cycle
     cost-effective.
       ``(2) The Secretary concerned shall notify the
     congressional defense committees of any waiver granted under
     paragraph (1).''.
       (2) Clerical amendment.--The table of sections at the
     beginning of subchapter III is amended inserting after the
     item relating to section 2866 the following new item:

``2867. Energy monitoring and management system specification for
              military construction and military family housing
              activities.''.

       (3) Deadline for adoption.--The Secretary of Defense shall
     adopt the open source energy monitoring and management system
     specification required by section 2867 of title 10, United
     States Code, as added by paragraph (1), not later than 180
     days after the date of the enactment of this Act.
       (b) Reporting Requirement.--Not later than 180 days after
     the date of the enactment of the Act, the Secretary of
     Defense shall submit to the congressional defense committees
     a report containing the following items:
       (1) A contract specification that will implement the open
     source energy monitoring and management system specification
     required by section 2867 of title 10, United States Code, as
     added by subsection (a).
       (2) A description of the method to ensure compliance of the
     Department of Defense information assurance certification and
     accreditation process.
       (3) An expected timeline for integration of existing
     components with the energy monitoring and management system.
       (4) A list of the justifications and authorizations
     provided by the Department, pursuant to Federal Acquisition
     Regulations Chapter 6.3, relating to Other Than Full and Open
     Competition, for energy monitoring and management systems
     during fiscal year 2009.

     SEC. 2842. DEPARTMENT OF DEFENSE USE OF ELECTRIC AND HYBRID
                   MOTOR VEHICLES.

       (a) Preference.--Subchapter II of chapter 173 of title 10,
     United States Code, is amended by inserting after section
     2922g, as added by title III of this Act, the following new
     section:

     ``Sec. 2922h. Preference for motor vehicles using electric or
       hybrid propulsion systems

       ``(a) Preference.--In leasing or procuring motor vehicles
     for use by a military department or Defense Agency, the
     Secretary of the military department or the head of the
     Defense Agency shall provide a preference for the lease or
     procurement of motor vehicles using electric or hybrid
     propulsion systems, including plug-in hybrid systems, if the
     electric or hybrid vehicles--
       ``(1) will meet the requirements or needs of the Department
     of Defense; and
       ``(2) are commercially available at a cost reasonably
     comparable, on the basis of life-cycle cost, to motor
     vehicles containing only an internal combustion or heat
     engine using combustible fuel.
       ``(b) Exception.--Subsection (a) does not apply with
     respect to tactical vehicles designed for use in combat.
       ``(c) Hybrid Defined.--In this section, the term `hybrid',
     with respect to a motor vehicle, means a motor vehicle that
     draws propulsion energy from onboard sources of stored energy
     that are both--
       ``(1) an internal combustion or heat engine using
     combustible fuel; and
       ``(2) a rechargeable energy storage system.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such subchapter is amended by adding at the end
     the following new item:

``2922h. Preference for motor vehicles using electric or hybrid
              propulsion systems.''.

     SEC. 2843. DEPARTMENT OF DEFENSE GOAL REGARDING USE OF
                   RENEWABLE ENERGY SOURCES TO MEET FACILITY
                   ENERGY NEEDS.

       (a) Facility Basis of Goal.--Subsection (e) of section 2911
     of title 10, United States Code, is amended--
       (1) by redesignating paragraphs (1) and (2) as
     subparagraphs (A) and (B), respectively;
       (2) in subparagraph (A) (as so redesignated)--
       (A) by striking ``electric energy'' and inserting
     ``facility energy'';
       (B) by striking ``and in its activities''; and
       (C) by striking ``(as defined in section 203(b) of the
     Energy Policy Act of 2005 (42 U.S.C. 15852(b)))''; and
       (3) in subparagraph (B) (as so redesignated), by striking
     ``electric energy'' and inserting ``facility energy''.
       (b) Definition of Renewable Energy Source.--Such subsection
     is further amended--
       (1) by striking ``It shall be'' and inserting ``(1) It
     shall be''; and
       (2) by adding at the end the following new paragraph:
       ``(2) In this subsection, the term `renewable energy
     source' means energy generated from renewable sources,
     including the following:
       ``(A) Solar.
       ``(B) Wind.
       ``(C) Biomass.
       ``(D) Landfill gas.
       ``(E) Ocean, including tidal, wave, current, and thermal.
       ``(F) Geothermal, including electricity and heat pumps.
       ``(G) Municipal solid waste.
       ``(H) New hydroelectric generation capacity achieved from
     increased efficiency or additions of new capacity at an
     existing hydroelectric project. For purposes of this
     subparagraph, hydroelectric generation capacity is `new' if
     it was placed in service on or after January 1, 1999.
       ``(I) Thermal energy generated by any of the preceding
     sources.''.
       (c) Clerical Amendment.--The heading of such subsection is
     amended by striking ``Electricity Needs'' and inserting
     ``Facility Energy Needs''.

     SEC. 2844. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF
                   DEFENSE RENEWABLE ENERGY INITIATIVES.

       Not later than 90 days after the date of the enactment of
     this Act, the Comptroller General shall submit to Congress a
     report on all renewable energy initiatives being funded by
     the Department of Defense or a military department down to
     the base commander level. The Comptroller General shall
     specifically address the following in the report:
       (1) The costs associated with each renewable energy
     initiative.
       (2) Whether the renewable energy initiative has a clearly
     delineated set of goals or targets.
       (3) Whether those goals or targets are being met or are
     likely to be met by the conclusion of the renewable energy
     initiative.

     SEC. 2845. STUDY ON DEVELOPMENT OF NUCLEAR POWER PLANTS ON
                   MILITARY INSTALLATIONS.

       (a) Study Required; Elements.--The Secretary of Defense
     shall conduct a study to assess the feasibility of developing
     nuclear power plants on military installations. As part of
     the study, the Secretary shall--
       (1) summarize options available for public-private
     partnerships for construction and operation of the power
     plants;
       (2) estimate the cost per kilowatt-hour and consider the
     potential for life cycle cost savings to the Department of
     Defense, including potential environmental liabilities;
       (3) consider the potential energy security advantages to
     the Department of Defense of generating electricity on
     military installations through the use of nuclear energy;
       (4) assess the additional infrastructure costs that would
     be needed to enable the power plants to sell power back to
     the general electricity grid;
       (5) consider impact on quality of life of members stationed
     at an installation containing a nuclear power plant;
       (6) consider regulatory, State, and local concerns to
     production of nuclear power on military installations;
       (7) assess to what degree nuclear power plants would
     adversely affect operations on military installations,
     including consideration of training and readiness
     requirements;
       (8) assess potential environmental liabilities for the
     Department of Defense;
       (9) consider factors impacting safe co-location of nuclear
     power plants on military installations; and
       (10) consider any other factors that bear on the
     feasibility of developing nuclear power plants on military
     installations.
       (b) Submission of Results of Study.--Not later than June 1,
     2010, the Secretary shall submit to the Committees on Armed
     Services of the Senate and House of Representatives a report
     containing the results of the study.

                      Subtitle E--Land Conveyances

     SEC. 2851. TRANSFER OF ADMINISTRATIVE JURISDICTION, PORT
                   CHICAGO NAVAL MAGAZINE, CALIFORNIA.

       (a) Transfer Required; Administration.--Section 203 of the
     Port Chicago National Memorial Act of 1992 (Public Law 102-
     562; 16 U.S.C.

[[Page H7331]]

     431; 106 Stat. 4235) is amended by striking subsection (c)
     and inserting the following new subsections:
       ``(c) Administration.--The Secretary of the Interior shall
     administer the Port Chicago Naval Magazine National Memorial
     as a unit of the National Park System in accordance with this
     Act and laws generally applicable to units of the National
     Park System, including the National Park Service Organic Act
     (39 Stat. 535; 16 U.S.C. 1 et seq.) and the Act of August 21,
     1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). Land transferred
     to the administrative jurisdiction of the Secretary of the
     Interior under subsection (d) shall be administered in
     accordance with this subsection.
       ``(d) Transfer of Land.--The Secretary of Defense shall
     transfer a parcel of land, consisting of approximately 5
     acres, depicted within the proposed boundary on the map
     titled `Port Chicago Naval Magazine National Memorial,
     Proposed Boundary', numbered 018/80,001, and dated August
     2005, to the administrative jurisdiction of the Secretary of
     the Interior if the Secretary of Defense determines that--
       ``(1) the land is excess to military needs; and
       ``(2) all environmental remediation actions necessary to
     respond to environmental contamination related to the land
     have been completed in accordance with the Comprehensive
     Environmental Response, Compensation, and Liability Act of
     1980 (42 U.S.C. 9601 et seq.) and other applicable laws.
       ``(e) Public Access.--The Secretary of the Interior shall
     enter into an agreement with the Secretary of Defense to
     provide as much public access as possible to the Port Chicago
     Naval Magazine National Memorial without interfering with
     military needs. This subsection shall no longer apply if, at
     some point in the future, the National Memorial ceases to be
     an enclave within the Concord Naval Weapons Station.
       ``(f) Agreement With City of Concord and East Bay Regional
     Park District.--The Secretary of the Interior is authorized
     to enter into an agreement with the City of Concord,
     California, and the East Bay Regional Park District, to
     establish and operate a facility for visitor orientation and
     parking, administrative offices, and curatorial storage for
     the National Memorial.''.
       (b) Sense of Congress on Remediation and Repair of National
     Memorial.--
       (1) Remediation.--It is the sense of Congress that, in
     order to facilitate the land transfer described in subsection
     (d) of section 203 of the Port Chicago National Memorial Act
     of 1992, as added by subsection (a), the Secretary of Defense
     should remediate remaining environmental contamination
     related to the land.
       (2) Repair.--It is the sense of Congress that, in order to
     preserve the Port Chicago Naval Magazine National Memorial
     for future generations, the Secretary of Defense and the
     Secretary of the Interior should work together to develop a
     process by which future repairs and necessary modifications
     to the National Memorial can be achieved in as timely and
     cost-effective a manner as possible.

     SEC. 2852. LAND CONVEYANCES, NAVAL AIR STATION, BARBERS
                   POINT, HAWAII.

       (a) Conveyance Authorized.--The Secretary of the Navy shall
     convey, without consideration, to the Hawaii Community
     Development Authority (in this section referred to as the
     ``Authority''), which is the local redevelopment authority
     for former Naval Air Station, Barbers Point, Oahu, Hawaii,
     all right, title, and interest of the United States in and to
     the following parcels of real property, including any
     improvements thereon and clear of all liens and encumbrances,
     at the installation:
       (1) An approximately 10.569-acre parcel of land identified
     as ``Parcel No. 13126 B'' and further identified by Oahu Tax
     Map Key No. 9-1-031:047.
       (2) An approximately 145.785-acre parcel of land identified
     as ``Parcel No. 13058 D'' and further identified by Oahu Tax
     Map Key No. 9-1-013:039.
       (3) An approximately 9.303-acre parcel of land identified
     as ``Parcel No. 13058 F'' and further identified by Oahu Tax
     Map Key No. 9-1-013:041.
       (4) An approximately 57.937-acre parcel of land identified
     as ``Parcel No. 13058 G'' and further identified by Oahu Tax
     Map Key No. 9-1-013:042.
       (5) An approximately 11.501-acre parcel of land identified
     as ``Parcel No. 13073 D'' and further identified by Oahu Tax
     Map Key No. 9-1-013:069.
       (6) An approximately 65.356-acre parcel of land identified
     as ``Parcel No. 13073 B'' and further identified by Oahu Tax
     Map Key No. 9-1-013:067.
       (b) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the
     Authority to cover costs to be incurred by the Secretary, or
     to reimburse the Secretary for costs incurred by the
     Secretary, to carry out the conveyance under subsection (a),
     including survey costs, costs related to environmental
     documentation, and other administrative costs related to the
     conveyance. If amounts are collected from the Authority in
     advance of the Secretary incurring the actual costs, and the
     amount collected exceeds the costs actually incurred by the
     Secretary to carry out the conveyance, the Secretary shall
     refund the excess amount to the Authority.
       (2) Treatment of amounts received.--Amounts received as
     reimbursements under paragraph (1) shall be credited to the
     fund or account that was used to cover the costs incurred by
     the Secretary in carrying out the conveyance. Amounts so
     credited shall be merged with amounts in such fund or account
     and shall be available for the same purposes, and subject to
     the same conditions and limitations, as amounts in such fund
     or account.
       (c) Savings Provision.--Nothing in this section shall be
     construed to affect or limit the application of, or any
     obligation to comply with, any environmental law, including
     the Comprehensive Environmental Response, Compensation, and
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
     Waste Disposal Act (42 U.S.C. 6901 et seq.).
       (d) Description of Property.--The exact acreage and legal
     descriptions of the parcels of real property to be conveyed
     under subsection (a) shall be determined by a survey
     satisfactory to the Secretary.
       (e) Additional Terms and Conditions.--The Secretary may
     require such additional terms and conditions in connection
     with the conveyances under subsection (a) as the Secretary
     considers appropriate to protect the interests of the United
     States.

     SEC. 2853. MODIFICATION OF LAND CONVEYANCE, FORMER GRIFFISS
                   AIR FORCE BASE, NEW YORK.

       (a) Additional Conveyance.--Subsection (a)(1) of section
     2873 of the Military Construction Authorization Act for
     Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
     2152) is amended--
       (1) by striking ``two parcels'' and inserting ``three
     parcels'';
       (2) by striking ``and 1.742 acres and containing the four
     buildings'' and inserting ``, 1.742 acres, and 4.5 acres,
     respectively, and containing all or a portion of the five
     buildings''; and
       (3) by inserting ``and the Modification and Fabrication
     Facility'' after ``Reconnaissance Laboratory''.
       (b) Description of Property.--Subsection (a)(2) of such
     section is amended by adding at the end the following new
     subparagraph:
       ``(E) Bay Number 4 in Building 101 (approximately 115,000
     square feet).''.
       (c) Purpose of Conveyance.--Subsection (a)(3) of such
     section is amended by adding before the period at the end the
     following: ``and to provide adequate reimbursement, real
     property, and replacement facilities for the Air Force
     Research Laboratory units that are relocated as a result of
     the conveyance''.
       (d) Consideration.--Subsection (c) of such section is
     amended by striking ``in-kind contribution'' and inserting
     ``in-kind consideration (including land and new
     facilities)''.

     SEC. 2854. LAND CONVEYANCE, ARMY RESERVE CENTER,
                   CHAMBERSBURG, PENNSYLVANIA.

       (a) Conveyance Authorized.--At such time as the Army
     Reserve vacates the Army Reserve Center at 721 South Sixth
     Street, Chambersburg, Pennsylvania, the Secretary of the Army
     may convey, without consideration, to the Chambersburg Area
     School District (in this section referred to as the ``School
     District''), all right, title, and interest of the United
     States in and to the Reserve Center for the purpose of
     permitting the School District to utilize the property for
     educational, educational support, and community activities.
       (b) Reversionary Interest.--If the Secretary determines at
     any time that the real property conveyed under subsection (a)
     is not being used in accordance with the purpose of the
     conveyance, all right, title, and interest in and to such
     real property, including any improvements and appurtenant
     easements thereto, shall, at the option of the Secretary,
     revert to and become the property of the United States, and
     the United States shall have the right of immediate entry
     onto such real property. A determination by the Secretary
     under this subsection shall be made on the record after an
     opportunity for a hearing.
       (c) Description of Property.--The exact acreage and legal
     description of the real property to be conveyed under
     subsection (a) shall be determined by a survey satisfactory
     to the Secretary.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the
     School District to cover costs to be incurred by the
     Secretary, or to reimburse the Secretary for costs incurred
     by the Secretary, to carry out the conveyance under
     subsection (a), including survey costs, costs related to
     environmental documentation, and other administrative costs
     related to the conveyance. If amounts are collected from the
     School District in advance of the Secretary incurring the
     actual costs, and the amount collected exceeds the costs
     actually incurred by the Secretary to carry out the
     conveyance, the Secretary shall refund the excess amount to
     the School District.
       (2) Treatment of amounts received.--Amounts received as
     reimbursements under paragraph (1) shall be credited to the
     fund or account that was used to cover the costs incurred by
     the Secretary in carrying out the conveyance. Amounts so
     credited shall be merged with amounts in such fund or account
     and shall be available for the same purposes, and subject to
     the same conditions and limitations, as amounts in such fund
     or account.
       (e) Additional Term and Conditions.--The Secretary may
     require such additional terms and conditions in connection
     with the conveyance under subsection (a) as the Secretary
     considers appropriate to protect the interests of the United
     States.

     SEC. 2855. LAND CONVEYANCE, NAVAL AIR STATION OCEANA,
                   VIRGINIA.

       (a) Conveyance Authorized.--The Secretary of the Navy may
     convey to the City of Virginia Beach, Virginia (in this
     section referred to as the ``City''), all right, title, and
     interest of the United States in and to parcels of non-
     contiguous real property, including any improvements thereon,
     consisting of a total of approximately 2.4 acres at Naval Air
     Station Oceana, Virginia, for the purpose of permitting the
     City to expand services to support the Marine Animal Care
     Center.
       (b) Consideration.--As consideration for the conveyance
     under subsection (a), the City shall

[[Page H7332]]

     provide compensation to the Secretary of the Navy in an
     amount equal to the fair market value of the real property
     conveyed under such subsection, as determined by appraisals
     acceptable to the Secretary.
       (c) Description of Property.--The exact acreage and legal
     description of the real property to be exchanged under this
     section shall be determined by surveys satisfactory to the
     Secretary.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the City
     to cover costs to be incurred by the Secretary, or to
     reimburse the Secretary for costs incurred by the Secretary,
     to carry out the conveyance under this section, including
     survey costs related to the conveyance. If amounts are
     collected from the City in advance of the Secretary incurring
     the actual costs, and the amount collected exceeds the costs
     actually incurred by the Secretary to carry out the
     conveyance, the Secretary shall refund the excess amount to
     the City.
       (2) Treatment of amounts received.--Amounts received under
     paragraph (1) as reimbursement for costs incurred by the
     Secretary to carry out the conveyance under this section
     shall be credited to the fund or account that was used to
     cover the costs incurred by the Secretary in carrying out the
     conveyance. Amounts so credited shall be merged with amounts
     in such fund or account and shall be available for the same
     purposes, and subject to the same conditions and limitations,
     as amounts in such fund or account.
       (e) Additional Term and Conditions.--The Secretary may
     require such additional terms and conditions in connection
     with the conveyance under this section as the Secretary
     considers appropriate to protect the interests of the United
     States.

     SEC. 2856. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA.

       (a) Conveyance Authorized.--The Secretary of the Army may
     convey to the Chilkoot Indian Association (in this section
     referred to as the ``Association'') all right, title, and
     interest of the United States in and to a parcel of real
     property, including improvements thereon, consisting of
     approximately 201 acres located at the former Haines Fuel
     Terminal (also known as the Haines Tank Farm) in Haines,
     Alaska, for the purpose of permitting the Association to
     develop a Deep Sea Port and for other industrial and
     commercial development purposes. To the extent practicable,
     the Secretary is encouraged to complete the conveyance by
     September 30, 2013.
       (b) Consideration.--As consideration for the conveyance of
     the property described in subsection (a), the Association
     shall pay to the Secretary an amount equal to the fair market
     value of the property, as determined by the Secretary. The
     determination of the Secretary shall be final. At the
     election of the Secretary, the Secretary may accept in-kind
     consideration in lieu of all or a portion of the cash
     payment.
       (c) Reversionary Interest.--If the Secretary determines at
     any time that the real property conveyed under subsection (a)
     is not being used in accordance with the purpose of the
     conveyance, all right, title, and interest in and to such
     real property, including any improvements and appurtenant
     easements thereto, shall, at the option of the Secretary,
     revert to and become the property of the United States, and
     the United States shall have the right of immediate entry
     onto such real property. A determination by the Secretary
     under this subsection shall be made on the record after an
     opportunity for a hearing.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the
     Association to cover costs to be incurred by the Secretary,
     or to reimburse the Secretary for costs incurred by the
     Secretary, to carry out the conveyance under subsection (a),
     including survey costs, costs related to environmental
     documentation, and other administrative costs related to the
     conveyance. If amounts are collected from the Association in
     advance of the Secretary incurring the actual costs, and the
     amount collected exceeds the costs actually incurred by the
     Secretary to carry out the conveyance, the Secretary shall
     refund the excess amount to the Association.
       (2) Treatment of amounts received.--Amounts received as
     reimbursements under paragraph (1) shall be credited to the
     fund or account that was used to cover the costs incurred by
     the Secretary in carrying out the conveyance. Amounts so
     credited shall be merged with amounts in such fund or account
     and shall be available for the same purposes, and subject to
     the same conditions and limitations, as amounts in such fund
     or account.
       (e) Savings Provision.--Nothing in this section shall be
     construed to affect or limit the application of, or any
     obligation to comply with, any environmental law, including
     the Comprehensive Environmental Response, Compensation, and
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
     Waste Disposal Act (42 U.S.C. 6901 et seq.).
       (f) Description of Property.--The exact acreage and legal
     description of the real property to be conveyed under this
     section shall be determined by a survey satisfactory to the
     Secretary.
       (g) Additional Term and Conditions.--The Secretary may
     require such additional terms and conditions in connection
     with the conveyance under this section as the Secretary
     considers appropriate to protect the interests of the United
     States.

     SEC. 2857. COMPLETION OF LAND EXCHANGE AND CONSOLIDATION,
                   FORT LEWIS, WASHINGTON.

       Subsection (a)(1) of section 2837 of the Military
     Construction Authorization Act for Fiscal Year 2002 (division
     B of Public Law 107-107; 115 Stat. 1315), as amended by
     section 2852 of the Military Construction Authorization Act
     for Fiscal Year 2005 (division B of Public Law 108-375; 118
     Stat. 2143), is further amended--
       (1) in the first sentence, by striking ``The Secretary of
     the Army may transfer'' and inserting ``Not later than 60
     days after the date of the enactment of the Military
     Construction Authorization Act for Fiscal Year 2010, the
     Secretary of the Army shall transfer''; and
       (2) in the second sentence--
       (A) by striking ``may make the transfer'' and inserting
     ``shall make the transfer''; and
       (B) by striking ``may accept'' and inserting ``shall
     accept''.

                       Subtitle F--Other Matters

     SEC. 2871. REVISED AUTHORITY TO ESTABLISH NATIONAL MONUMENT
                   TO HONOR UNITED STATES ARMED FORCES WORKING DOG
                   TEAMS.

       Section 2877 of the National Defense Authorization Act for
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 563; 16
     U.S.C. 431 note) is amended by striking ``National War Dogs
     Monument, Inc.,'' both places it appears and inserting ``John
     Burnam Monument Foundation, Inc.,''.

     SEC. 2872. NAMING OF CHILD DEVELOPMENT CENTER AT FORT LEONARD
                   WOOD, MISSOURI, IN HONOR OF MR. S. LEE KLING.

       A child development center at Fort Leonard Wood, Missouri,
     shall be known and designated as the ``S. Lee Kling Child
     Development Center''. Any reference in a law, map,
     regulation, document, paper, or other record of the United
     States to such child development center shall be deemed to be
     a reference to the S. Lee Kling Child Development Center.

     SEC. 2873. CONDITIONS ON ESTABLISHMENT OF COOPERATIVE
                   SECURITY LOCATION IN PALANQUERO, COLOMBIA.

       (a) Congressional Notification of Agreement.--None of the
     amounts authorized to be appropriated by this division or
     otherwise made available for military construction for fiscal
     year 2010 may be obligated to commence construction of a
     Cooperative Security Location at the German Olano Airbase
     (the Palanquero AB Development Project) in Palanquero,
     Colombia, until at least 15 days after the date on which the
     Secretary of Defense certifies to the congressional defense
     committees that an agreement has been entered into with the
     Government of Colombia that permits the establishment of the
     Cooperative Security Location at the German Olano Airbase in
     a manner that will enable the United States Southern Command
     to execute its Theater Posture Strategy in cooperation with
     the Armed Forces of Colombia.
       (b) Prohibition on Permanent United States Military
     Installation.--The agreement referred to in subsection (a)
     may not provide for or authorize the establishment of a
     United States military installation or base for the permanent
     stationing of United States Armed Forces in Colombia.

     SEC. 2874. MILITARY ACTIVITIES AT UNITED STATES MARINE CORPS
                   MOUNTAIN WARFARE TRAINING CENTER.

       Section 1806 of the Omnibus Public Land Management Act of
     2009 (Public Law 111-11; 123 Stat. 1056; 16 U.S.C. 460vvv) is
     amended by adding at the end the following new subsection:
       ``(g) Military Activities at United States Marine Corps
     Mountain Warfare Training Center.--The designation of the
     Bridgeport Winter Recreation Area by this section is not
     intended to restrict or preclude the activities conducted by
     the United States Armed Forces at the United States Marine
     Corps Mountain Warfare Training Center.''.

   TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
                             AUTHORIZATIONS

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
              projects.
Sec. 2903. Construction authorization for facilities for Office of
              Defense Representative-Pakistan.

     SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
                   PROJECTS.

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

                       Army: Outside United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Afghanistan.......................  Airborne............      $7,800,000
                                    Altimur.............      $7,750,000
                                    Asadabad............      $5,500,000
                                    Bagram Air Base.....    $132,850,000
                                    Camp Joyce..........      $7,700,000
                                    Camp Kabul..........    $137,000,000
                                    Camp Kandahar.......    $132,500,000
                                    Camp Salerno........     $50,200,000
                                    Forward Operating         $5,600,000
                                     Base Blessing.
                                    Forward Operating         $5,500,000
                                     Base Bostick.
                                    Forward Operating        $14,900,000
                                     Base Dwyer.
                                    Forward Operating         $5,500,000
                                     Base Ghazni.
                                    Forward Operating        $19,700,000
                                     Base Shank.
                                    Forward Operating        $60,800,000
                                     Base Sharana.
                                    Frontenac...........      $2,200,000
                                    Jalalabad Airfield..     $41,400,000
                                    Maywand.............     $12,200,000
                                    Methar-Lam..........      $4,150,000

[[Page H7333]]


                                    Provincial               $36,200,000
                                     Reconstruction Team
                                     Gardez.
                                    Provincial               $57,950,000
                                     Reconstruction Team
                                     Tarin Kowt.
                                    Tombstone/Bastion...     $71,800,000
                                    Wolverine...........     $14,900,000
------------------------------------------------------------------------

       (b) Authorization of Appropriations.--Funds are hereby
     authorized to be appropriated for fiscal years beginning
     after September 30, 2009, for military construction, land
     acquisition, and military family housing functions of the
     Department of the Army in the total amount of $930,484,000 as
     follows:
       (1) For military construction projects outside the United
     States authorized by subsection (a), $834,100,000.
       (2) For unspecified minor military construction projects
     under section 2805 of title 10, United States Code,
     $20,100,000.
       (3) For architectural and engineering services and
     construction design under section 2807 of title 10, United
     States Code, $76,284,000.

     SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
                   ACQUISITION PROJECTS.

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

                  Air Force: Outside the United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Afghanistan.......................  Bagram Air Base.....     $29,100,000
                                    Camp Kandahar.......    $234,600,000
                                    Forward Operating         $4,900,000
                                     Base Dwyer.
                                    Forward Operating         $4,900,000
                                     Base Shank.
                                    Provincial                $4,900,000
                                     Reconstruction Team
                                     Tarin Kowt.
                                    Tombstone/Bastion...    $156,200,000
                                    Wolverine...........      $4,900,000
------------------------------------------------------------------------

       (b) Authorization of Appropriations.--Funds are hereby
     authorized to be appropriated for fiscal years beginning
     after September 30, 2009, for military construction, land
     acquisition, and military family housing functions of the
     Department of the Air Force in the total amount of
     $474,500,000, as follows:
       (1) For military construction projects outside the United
     States authorized by subsection (a), $439,500,000.
       (2) For architectural and engineering services and
     construction design under section 2807 of title 10, United
     States Code, $35,000,000.

     SEC. 2903. CONSTRUCTION AUTHORIZATION FOR FACILITIES FOR
                   OFFICE OF DEFENSE REPRESENTATIVE-PAKISTAN.

       (a) In General.--Notwithstanding the definition of military
     construction in section 2801 of title 10, United States Code,
     of the amounts authorized to be appropriated by this division
     for military construction, the Secretary of Defense may use
     not more than $25,000,000 to plan, design, and construct
     facilities on the United States Embassy Compound in
     Islamabad, Pakistan, in support of the Office of the Defense
     Representative-Pakistan (in this section referred to as the
     ``ODRP'').
       (b) Report Required.--
       (1) In general.--Not later than 90 days after the date of
     the enactment of this Act, and every 180 days thereafter, the
     Secretary of Defense shall submit to the appropriate
     congressional committees a report on the number of personnel
     and activities of the ODRP.
       (2) Elements.--The report under paragraph (1) shall include
     the following:
       (A) A detailed accounting of the number of personnel
     permanently assigned or on temporary duty in the ODRP.
       (B) A description of the mission of those personnel
     assigned on a temporary or permanent basis to the ODRP.
       (C) A projection of space requirements for the ODRP.
       (3) Form.--The report under paragraph (1) may be submitted
     in a classified form.
       (4) Appropriate committees.--For the purposes of this
     subsection, the appropriate congressional committees are the
     following:
       (A) The Committees on Armed Services and Foreign Affairs of
     the House of Representatives.
       (B) The Committees on Armed Services and Foreign Relations
     of the Senate.
       (5) Termination.--The requirement to submit a report under
     this subsection terminates on the date occurring two years
     after the date on which the first report is submitted.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Stockpile stewardship program.
Sec. 3112. Stockpile management program.
Sec. 3113. Plan for execution of stockpile stewardship and stockpile
              management programs.
Sec. 3114. Dual validation of annual weapons assessment and
              certification.
Sec. 3115. Annual long-term plan for the modernization and
              refurbishment of the nuclear security complex.

                          Subtitle C--Reports

Sec. 3121. Comptroller General review of management and operations
              contract costs for national security laboratories.
Sec. 3122. Plan to ensure capability to monitor, analyze, and evaluate
              foreign nuclear weapons activities.

         Subtitle A--National Security Programs Authorizations

     SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       (a) Authorization of Appropriations.--Funds are hereby
     authorized to be appropriated to the Department of Energy for
     fiscal year 2010 for the activities of the National Nuclear
     Security Administration in carrying out programs necessary
     for national security in the amount of $10,479,627,000, to be
     allocated as follows:
       (1) For weapons activities, $6,516,431,000.
       (2) For defense nuclear nonproliferation activities,
     $2,539,309,000.
       (3) For naval reactors, $1,003,133,000.
       (4) For the Office of the Administrator for Nuclear
     Security, $420,754,000.
       (b) Authorization of New Plant Projects.--From funds
     referred to in subsection (a) that are available for carrying
     out plant projects, the Secretary of Energy may carry out new
     plant projects for the National Nuclear Security
     Administration as follows:
       (1) For readiness in technical base and facilities, the
     following new plant project:
       Project 10-D-501, nuclear facilities risk reduction, Y-12
     National Security Complex, Oak Ridge, Tennessee, $12,500,000.
       (2) For safeguards and security, the following new plant
     project:
       Project 10-D-701, security improvement project, Y-12
     National Security Complex, Oak Ridge, Tennessee, $49,000,000.
       (3) For naval reactors, the following new plant projects:
       Project 10-D-903, KAPL security upgrades, Schenectady, New
     York, $1,500,000.
       Project 10-D-904, Naval Reactors Facility infrastructure
     upgrades, Naval Reactors Facility, Idaho, $700,000.

     SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

       Funds are hereby authorized to be appropriated to the
     Department of Energy for fiscal year 2010 for defense
     environmental cleanup activities in carrying out programs
     necessary for national security in the amount of
     $5,024,491,000.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       Funds are hereby authorized to be appropriated to the
     Department of Energy for fiscal year 2010 for other defense
     activities in carrying out programs necessary for national
     security in the amount of $872,468,000.

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

       Funds are hereby authorized to be appropriated to the
     Department of Energy for fiscal year 2010 for defense nuclear
     waste disposal for payment to the Nuclear Waste Fund
     established in section 302(c) of the Nuclear Waste Policy Act
     of 1982 (42 U.S.C. 10222(c)) in the amount of $98,400,000.

     SEC. 3105. ENERGY SECURITY AND ASSURANCE.

       Funds are hereby authorized to be appropriated to the
     Department of Energy for fiscal year 2010 for energy security
     and assurance programs necessary for national security in the
     amount of $6,188,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

     SEC. 3111. STOCKPILE STEWARDSHIP PROGRAM.

       (a) In General.--Subsection (a) of section 4201 of the
     Atomic Energy Defense Act (division D of Public Law 107-314;
     50 U.S.C. 2521) is amended to read as follows:
       ``(a) Establishment.--The Secretary of Energy, acting
     through the Administrator for Nuclear Security, shall
     establish a stewardship program to ensure--
       ``(1) the preservation of the core intellectual and
     technical competencies of the United States in nuclear
     weapons, including weapons design, system integration,
     manufacturing, security, use control, reliability assessment,
     and certification; and
       ``(2) that the nuclear weapons stockpile is safe, secure,
     and reliable without the use of underground nuclear weapons
     testing.''.
       (b) Elements.--Subsection (b) of such section is amended--
       (1) in paragraph (1), by inserting ``and performance over
     time'' after ``detonation''; and
       (2) by adding at the end the following new paragraphs:
       ``(4) Material support for the use of, and experiments
     facilitated by, the advanced experimental facilities of the
     United States, including--
       ``(A) the National Ignition Facility at Lawrence Livermore
     National Laboratory;
       ``(B) the Dual Axis Radiographic Hydrodynamic Test Facility
     at Los Alamos National Laboratory; and
       ``(C) the Z Machine at Sandia National Laboratories.
       ``(5) Material support for the sustainment and
     modernization of facilities with production and manufacturing
     capabilities that are necessary to ensure the safety,
     security, and reliability of the nuclear weapons stockpile,
     including--

[[Page H7334]]

       ``(A) the Pantex Plant;
       ``(B) the Y-12 National Security Complex;
       ``(C) the Kansas City Plant; and
       ``(D) the Savannah River Site.''.
       (c) Prior Authorization of Appropriations for Fiscal Year
     1994.--Such section is further amended by striking subsection
     (c).

     SEC. 3112. STOCKPILE MANAGEMENT PROGRAM.

       (a) In General.--The Atomic Energy Defense Act (division D
     of Public Law 107-314; 50 U.S.C. 2501 et seq.) is amended--
       (1) by repealing section 4204A (50 U.S.C. 2524a); and
       (2) by amending section 4204 (50 U.S.C. 2524) to read as
     follows:

     ``SEC. 4204. STOCKPILE MANAGEMENT PROGRAM.

       ``(a) Program Required.--The Secretary of Energy, acting
     through the Administrator for Nuclear Security and in
     consultation with the Secretary of Defense, shall carry out a
     program, to be known as the stockpile management program, to
     provide for the effective management of the weapons in the
     nuclear weapons stockpile (including any weapon proposed to
     be added to the stockpile). The program shall have the
     following objectives:
       ``(1) To increase the reliability, safety, and security of
     the nuclear weapons stockpile of the United States.
       ``(2) To further reduce the likelihood of the resumption of
     underground nuclear weapons testing.
       ``(3) To achieve reductions in the future size of the
     nuclear weapons stockpile.
       ``(4) To reduce the risk of an accidental detonation of an
     element of the stockpile.
       ``(5) To reduce the risk of an element of the stockpile
     being used by a person or entity hostile to the United
     States, its vital interests, or its allies.
       ``(b) Program Budget.--For each budget submitted by the
     President to Congress under section 1105 of title 31, United
     States Code, the amounts requested for the program shall be
     clearly identified in the budget justification materials
     submitted to Congress in support of that budget.
       ``(c) Program Limitations.--In carrying out the stockpile
     management program under subsection (a), the Secretary shall
     ensure that--
       ``(1) any changes made to the stockpile shall be made to
     achieve the objectives identified in subsection (a); and
       ``(2) any such changes made to the stockpile shall--
       ``(A) remain consistent with basic design parameters by
     including, to the maximum extent feasible, components that
     are well understood or are certifiable without the need to
     resume underground nuclear weapons testing; and
       ``(B) use the design, certification, and production
     expertise resident in the nuclear complex to fulfill current
     mission requirements of the existing stockpile.''.
       (b) Clerical Amendment.--The table of contents in section
     4001(b) of such Act (division D of Public Law 107-314; 50
     U.S.C. 2501 note) is amended by striking the items relating
     to sections 4204 and 4204A and inserting the following new
     item:

``Sec. 4204. Stockpile management program.''.

     SEC. 3113. PLAN FOR EXECUTION OF STOCKPILE STEWARDSHIP AND
                   STOCKPILE MANAGEMENT PROGRAMS.

       (a) Plan.--Section 4203 of the Atomic Energy Defense Act
     (division D of Public Law 107-314; 50 U.S.C. 2523) is amended
     to read as follows:

     ``SEC. 4203. PLAN FOR EXECUTION OF STOCKPILE STEWARDSHIP AND
                   STOCKPILE MANAGEMENT PROGRAMS.

       ``(a) Plan Requirement.--The Secretary of Energy, acting
     through the Administrator for Nuclear Security, shall develop
     and annually update a plan for maintaining the nuclear
     weapons stockpile. The plan shall cover, at a minimum,
     stockpile stewardship, stockpile management, and program
     direction and shall be consistent with the programmatic and
     technical requirements of the most recent annual Nuclear
     Weapons Stockpile Memorandum.
       ``(b) Plan Elements.--The plan and each update of the plan
     shall set forth the following:
       ``(1) The number of warheads (including active and inactive
     warheads) for each warhead type in the nuclear weapons
     stockpile.
       ``(2) The current age of each warhead type, and any plans
     for stockpile lifetime extensions and modifications or
     replacement of each warhead type.
       ``(3) The process by which the Secretary of Energy is
     assessing the lifetime and requirements for maintenance of
     the nuclear and nonnuclear components of the warheads
     (including active and inactive warheads) in the nuclear
     weapons stockpile.
       ``(4) The process used in recertifying the safety,
     security, and reliability of each warhead type in the nuclear
     weapons stockpile without the use of nuclear testing.
       ``(5) Any concerns which would affect the ability of the
     Secretary of Energy to recertify the safety, security, or
     reliability of warheads in the nuclear weapons stockpile
     (including active and inactive warheads).
       ``(c) Assessment.--In addition to the elements described
     under subsection (b), the plan and each update of the plan
     shall include a joint assessment of the stockpile stewardship
     program by the heads of the national security laboratories.
     Each assessment shall set forth the following:
       ``(1) An identification and description of--
       ``(A) any key technical challenges to the program; and
       ``(B) the strategies to address such challenges without the
     use of nuclear testing.
       ``(2) A strategy for using the science-based tools
     (including advanced simulation and computing capabilities) of
     each national security laboratory to ensure that the nuclear
     weapons stockpile is safe, secure, and reliable without the
     use of nuclear testing.
       ``(3) An assessment of the science-based tools (including
     advanced simulation and computing capabilities) of each
     national security laboratory that exist at the time of the
     plan compared with the science-based tools expected to exist
     during the period covered by the future-years nuclear
     security program.
       ``(4) Clear and specific criteria for judging whether the
     science-based tools being used by the Department of Energy
     for determining the safety and reliability of the nuclear
     weapons stockpile are performing in a manner that will
     provide an adequate degree of certainty that the stockpile is
     safe and reliable.
       ``(5) An assessment of the core scientific and technical
     competencies required to achieve the objectives of the
     stockpile stewardship program and other weapons and weapons-
     related activities of the Department of Energy, including--
       ``(A) the number of scientists, engineers, and technicians,
     by discipline, required to maintain such competencies; and
       ``(B) a description of any shortage of such individuals
     that exists at the time of the plan compared with any
     shortage expected to exist during the period covered by the
     future-years nuclear security program.
       ``(d) Reports to Congress.--Not later than February 1 of
     each year, beginning with February 1, 2010, the Secretary of
     Energy shall submit to the congressional defense committees a
     report describing the plan required by subsection (a).
       ``(e) Definitions.--In this section:
       ``(1) The term `future-years nuclear security program'
     means the program required by section 3253 of the National
     Nuclear Security Administration Act (50 U.S.C. 2453).
       ``(2) The term `national security laboratory' has the
     meaning given such term in section 3281 of the National
     Nuclear Security Administration Act (50 U.S.C. 2471).
       ``(3) The term `weapons activities' means each activity
     within the budget category of weapons activities in the
     budget of the National Nuclear Security Administration.
       ``(4) The term `weapons-related activities' means each
     activity under the Department of Energy that involves nuclear
     weapons, nuclear weapons technology, or fissile or
     radioactive materials, including activities related to--
       ``(A) nuclear non-proliferation;
       ``(B) nuclear forensics;
       ``(C) nuclear intelligence;
       ``(D) nuclear safety; and
       ``(E) nuclear incident response.''.
       (b) Clerical Amendment.--The item relating to section 4203
     in the table of contents for such Act is amended to read as
     follows:

``Sec. 4203. Plan for execution of stockpile stewardship and stockpile
              management programs.''.

       (c) Conforming Repeal.--Section 4202 of the Atomic Energy
     Defense Act (division D of Public Law 107-314; 50 U.S.C.
     2522) is repealed.

     SEC. 3114. DUAL VALIDATION OF ANNUAL WEAPONS ASSESSMENT AND
                   CERTIFICATION.

       (a) Dual Validation.--
       (1) In general.--Section 4205 of the Atomic Energy Defense
     Act (division D of Public Law 107-314; 50 U.S.C. 2525) is
     amended--
       (A) by redesignating subsections (c) through (h) as
     subsections (d) through (i), respectively; and
       (B) by inserting after subsection (b) the following new
     subsection (c):
       ``(c) Dual Validation Teams in Support of Assessments.--In
     support of the assessments required by subsection (a), the
     Administrator for Nuclear Security shall establish teams,
     known as `dual validation teams', to provide Lawrence
     Livermore National Laboratory and Los Alamos National
     Laboratory with independent evaluations of the condition of
     each warhead for which such laboratory has lead
     responsibility. Each such team shall--
       ``(1) be comprised of weapons experts from the laboratory
     that does not have lead responsibility for fielding the
     warhead being evaluated;
       ``(2) have access to all surveillance and underground test
     data for all stockpile systems for use in the independent
     evaluations;
       ``(3) use all relevant available data to conduct
     independent calculations; and
       ``(4) pursue independent experiments to support the
     independent evaluations.''.
       (2) Plan.--Not later than March 1, 2010, the Administrator
     for Nuclear Security shall submit to the congressional
     defense committees a plan (including a schedule) to carry out
     subsection (c) of section 4205 of such Act, as added by
     paragraph (1) of this subsection.
       (b) Red Team Reviews.--Subsection (d)(1) of such section,
     as redesignated by subsection (a)(1)(A) of this section, is
     amended--
       (1) by inserting ``both'' after ``review''; and
       (2) by inserting after ``that laboratory'' the following:
     ``and the independent evaluations conducted by a dual
     validation team under subsection (c)''.
       (c) Summary.--Subsection (e)(3) of such section, as
     redesignated by subsection (a)(1)(A) of this section, is
     amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period and
     inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) a concise summary of the results of any independent
     evaluation conducted by a dual validation team under
     subsection (c).''.
       (d) Conforming Amendments.--Such section is further
     amended--
       (1) in paragraph (3)(C) of subsection (e), as redesignated
     by subsection (a)(1)(A) of this section, by striking
     ``subsection (c)'' and inserting ``subsection (d)'';
       (2) in paragraph (1)(A) of subsection (f), as redesignated
     by subsection (a)(1)(A) of this section, by striking
     ``subsection (d)'' and inserting ``subsection (e)'';

[[Page H7335]]

       (3) in subsection (g), as redesignated by subsection
     (a)(1)(A) of this section, by striking ``subsection (e)'' and
     inserting ``subsection (f)''; and
       (4) in subsection (i), as redesignated by subsection
     (a)(1)(A) of this section--
       (A) in paragraph (1), by striking ``subsection (d)'' and
     inserting ``subsection (e)''; and
       (B) in paragraph (2), by striking ``subsection (e)'' and
     inserting ``subsection (f)''.

     SEC. 3115. ANNUAL LONG-TERM PLAN FOR THE MODERNIZATION AND
                   REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX.

       (a) Policy.--It is the policy of the United States that
     sustainment, modernization, and refurbishment of the nuclear
     security complex is mandatory for maintaining the future
     viability of the United States nuclear deterrent and a
     prerequisite for any reductions to the nuclear weapons
     stockpile of the United States.
       (b) General Requirement.--Subtitle D of the National
     Nuclear Security Administration Act (50 U.S.C. 2451 et seq.)
     is amended by adding at the end the following new section:

     ``SEC. 3255. BUDGETING FOR MODERNIZATION AND REFURBISHMENT OF
                   THE NUCLEAR SECURITY COMPLEX: ANNUAL PLAN AND
                   CERTIFICATION.

       ``(a) Annual Nuclear Security Complex Modernization and
     Refurbishment Plan and Certification.--The Administrator for
     Nuclear Security shall include with the nuclear security
     budget materials for each fiscal year--
       ``(1) a plan for the modernization and refurbishment of the
     nuclear security complex developed in accordance with this
     section; and
       ``(2) a certification by the Administrator that both the
     budget for that fiscal year and the future-years nuclear
     security program submitted to Congress in relation to such
     budget under section 3253 provide for funding of the nuclear
     security complex at a level that is sufficient for the
     modernization and refurbishment of the nuclear security
     complex provided for in the plan under paragraph (1) on the
     schedule provided in the plan.
       ``(b) Annual Nuclear Security Complex Modernization and
     Refurbishment Plan.--(1) The annual nuclear security complex
     modernization and refurbishment plan developed for a fiscal
     year for purposes of subsection (a)(1) should be designed so
     that the nuclear security complex provided for under that
     plan is capable of supporting--
       ``(A) the National Security Strategy of the United States
     as set forth in the most recent national security strategy
     report of the President under section 108 of the National
     Security Act of 1947 (50 U.S.C. 404a), except that, if at the
     time such plan is submitted with the nuclear security budget
     materials for that fiscal year, a national security strategy
     report required under such section 108 has not been submitted
     to Congress as required by paragraph (2) or paragraph (3), if
     applicable, of subsection (a) of such section, then such
     annual plan should be designed so that the nuclear security
     complex modernization and refurbishment provided for under
     that plan is capable of supporting the nuclear security
     complex recommended in the report of the most recent
     Quadrennial Defense Review; and
       ``(B) the nuclear posture of the United States as set forth
     in the most recent Nuclear Posture Review.
       ``(2) Each such nuclear security complex modernization and
     refurbishment plan shall include the following:
       ``(A) A detailed program with schedule and associated
     funding for the modernization and refurbishment of the
     nuclear security complex for the National Nuclear Security
     Administration over the next 30 fiscal years.
       ``(B) A description of the necessary modernization and
     refurbishment measures to meet the requirements of the
     national security strategy of the United States or the most
     recent Quadrennial Defense Review, whichever is applicable
     under paragraph (1), and the Nuclear Posture Review.
       ``(C) The estimated levels of annual funding necessary to
     carry out the program, together with a discussion of the
     implementation strategies on which such estimated levels of
     annual funding are based.
       ``(c) Assessment When Nuclear Security Complex
     Modernization and Refurbishment Budget Is Insufficient to
     Meet Applicable Requirements.--If the budget for a fiscal
     year provides for funding of the modernization and
     refurbishment of the nuclear security complex at a level that
     is not sufficient to sustain the requirements specified in
     the plan for that fiscal year under subsection (a), the
     Administrator shall include with the nuclear security budget
     materials for that fiscal year an assessment that describes
     and discusses the risks and implications associated with the
     ability of the nuclear security complex to support the annual
     certification of the nuclear stockpile of the United States
     and maintain its long-term safety, security, and reliability.
     Such assessment shall be coordinated in advance with the
     Secretary of Defense and the Commander of the United States
     Strategic Command.
       ``(d) Definitions.--In this section:
       ``(1) The term `nuclear security complex' means the
     physical facilities, technology, and human capital of--
       ``(A) the national security laboratories;
       ``(B) the Pantex Plant;
       ``(C) the Y-12 National Security Complex;
       ``(D) the Kansas City Plant;
       ``(E) the Savannah River Site; and
       ``(F) the Nevada test site.
       ``(2) The term `budget' with respect to a fiscal year,
     means the budget for that fiscal year that is submitted to
     Congress by the President under section 1105(a) of title 31.
       ``(3) The term `nuclear security budget materials', with
     respect to a fiscal year, means the materials submitted to
     Congress by the Administrator for Nuclear Security in support
     of the budget for that fiscal year.
       ``(4) The term `Quadrennial Defense Review' means the
     review of the defense programs and policies of the United
     States that is carried out every four years under section 118
     of title 10, United States Code.''.
       (c) Clerical Amendment.--The table of sections at the
     beginning of the National Nuclear Security Administration Act
     is amended by inserting after the item relating to section
     3254 the following new item:

``3255. Budgeting for modernization and refurbishment of the nuclear
              security complex: annual plan and certification.''.

                          Subtitle C--Reports

     SEC. 3121. COMPTROLLER GENERAL REVIEW OF MANAGEMENT AND
                   OPERATIONS CONTRACT COSTS FOR NATIONAL SECURITY
                   LABORATORIES.

       (a) Review Required.--The Comptroller General shall review
     the effects of the contracts entered into by the Department
     of Energy in 2006 and 2007 that provide for the management
     and operations of the covered national laboratories. The
     review shall include the following:
       (1) A detailed description of the costs related to the
     transition from the period when the management and operations
     of the covered national laboratories were performed by the
     University of California to the period when such management
     and operations were performed by a covered contractor,
     including--
       (A) a description of any continuing differences in the cost
     structure of the management and operations when performed by
     the University of California and the cost structure of the
     management and operations when performed by a covered
     contractor; and
       (B) an assessment of the effect of such cost differences on
     the resources available to support scientific and technical
     programs at the covered national laboratories.
       (2) A quantitative assessment of the ability of the covered
     national laboratories to perform other important laboratory
     functions, including safety, security, and environmental
     management.
       (b) Report.--Not later than March 1, 2010, the Comptroller
     General shall submit to the congressional defense committees
     a report on the results of the review.
       (c) Definitions.--In this section:
       (1) The term ``covered contractor'' means--
       (A) with respect to Los Alamos National Laboratory, Los
     Alamos National Security, LLC; and
       (B) with respect to Lawrence Livermore National Laboratory,
     Lawrence Livermore National Security, LLC.
       (2) The term ``covered national laboratories'' means--
       (A) the Los Alamos National Laboratory; and
       (B) the Lawrence Livermore National Laboratory.

     SEC. 3122. PLAN TO ENSURE CAPABILITY TO MONITOR, ANALYZE, AND
                   EVALUATE FOREIGN NUCLEAR WEAPONS ACTIVITIES.

       (a) Plan.--The Secretary of Energy, in consultation with
     the Director of National Intelligence and the Secretary of
     Defense, shall prepare a plan to ensure that the national
     laboratories overseen by the Department of Energy maintain a
     robust technical capability to monitor, analyze, and evaluate
     foreign nuclear weapons activities.
       (b) Report.--Not later than February 28, 2010, the
     Secretary of Energy shall submit a report to the appropriate
     committees of Congress describing the plan required under
     subsection (a) and the resources necessary to implement the
     plan. The report shall be in unclassified form, but may
     include a classified annex.
       (c) Appropriate Committees.--For purposes of this section,
     the appropriate committees of Congress are the following:
       (1) the Committee on Armed Services, the Committee on
     Appropriations, and the Permanent Select Committee on
     Intelligence of the House of Representatives; and
       (2) the Committee on Armed Services, the Committee on
     Appropriations, and the Select Committee on Intelligence of
     the Senate.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

     SEC. 3201. AUTHORIZATION.

       There are authorized to be appropriated for fiscal year
     2010, $26,086,000 for the operation of the Defense Nuclear
     Facilities Safety Board under chapter 21 of the Atomic Energy
     Act of 1954 (42 U.S.C. 2286 et seq.).

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

     SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

       (a) Amount.--There are hereby authorized to be appropriated
     to the Secretary of Energy $23,627,000 for fiscal year 2010
     for the purpose of carrying out activities under chapter 641
     of title 10, United States Code, relating to the naval
     petroleum reserves.
       (b) Period of Availability.--Funds appropriated pursuant to
     the authorization of appropriations in subsection (a) shall
     remain available until expended.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2010.
Sec. 3502. Liquidation of unused leave balance at the United States
              Merchant Marine Academy.
Sec. 3503. Adjunct professors.
Sec. 3504. Maritime loan guarantee program.
Sec. 3505. Defense measures against unauthorized seizures of Maritime
              Security Fleet vessels.
Sec. 3506. Technical corrections to State maritime academies student
              incentive program.

[[Page H7336]]

Sec. 3507. Limitation on disposal of interest in certain vessels.

     SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
                   2010.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010, to be available without fiscal year limitation if
     so provided in appropriations Acts, for the use of the
     Department of Transportation for the Maritime Administration
     as follows:
       (1) For expenses necessary for operations and training
     activities, $152,900,000, of which--
       (A) $15,391,000 shall remain available until expended for
     capital improvements at the United States Merchant Marine
     Academy;
       (B) $11,240,000 shall remain available until expended for
     maintenance and repair of training ships of the State
     Maritime Academies; and
       (C) $53,208,000 shall be available for operations at the
     United States Merchant Marine Academy.
       (2) For expenses to maintain a preserve a United States-
     flag merchant fleet to serve the national security needs of
     the United States under chapter 531 of title 46, United
     States Code, $174,000,000.
       (3) For expenses to dispose of obsolete vessels in the
     National Defense Reserve Fleet, $15,000,000.
       (4) For the cost (as defined in section 502(5) of the
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
     guarantees under the program authorized by chapter 537 of
     title 46, United States Code, $60,000,000.

     SEC. 3502. LIQUIDATION OF UNUSED LEAVE BALANCE AT THE UNITED
                   STATES MERCHANT MARINE ACADEMY.

       The Maritime Administrator may, subject to the availability
     of appropriations, make a lump-sum payment for the
     accumulated balance of unused leave to any former employee of
     a United States Merchant Marine Academy nonappropriated fund
     instrumentality who was terminated from such employment in
     2009 or whose position as such an employee was converted to
     the Civil Service in 2009 under authority granted by section
     3506 of the Duncan Hunter National Defense Authorization Act
     for fiscal year 2009 (Public Law 110-417; 122 Stat. 4356).

     SEC. 3503. ADJUNCT PROFESSORS.

       Section 3506 of the Duncan Hunter National Defense
     Authorization Act for Fiscal Year 2009 (Public Law 110-417;
     122 Stat. 4356) is amended--
       (1) in subsection (a), by striking ``temporary'';
       (2) in subsection (b), by inserting ``and'' after the
     semicolon at the end of paragraph (1), by striking ``; and''
     at the end of paragraph (2) and inserting a period, and by
     striking paragraph (3); and
       (3) by striking subsection (d) and inserting the following:
       ``(d) Reporting Requirements.--When the authority granted
     by subsection (a) is used to hire an adjunct professor at the
     Academy, the Administrator shall notify the Committee on
     Armed Services of the House of Representatives and the
     Committee on Commerce, Science, and Transportation of the
     Senate, including the need for and the term of employment of
     the adjunct professor.''.

     SEC. 3504. MARITIME LOAN GUARANTEE PROGRAM.

       The Congress finds that--
       (1) it is in the national security interest of the United
     States to foster commercial shipbuilding in the United
     States;
       (2) the maritime loan guarantee program authorized by
     chapter 537 or title 46, United States Code, has a long and
     successful history of facilitating construction of commercial
     vessels in domestic shipyards;
       (3) the Maritime Loan Guarantee Program strengthens our
     Nation's industrial base allowing domestic shipyards and
     their allied service and supply industries to more
     effectively produce commercial vessels that enhance the
     commercial sealift capability of the Department of Defense;
     and
       (4) a revitalized and effective Maritime Loan Guarantee
     Program would result in construction of a more modern and
     more numerous fleet of commercial vessels manned by United
     States citizens, thereby providing a pool of trained United
     States citizen mariners available to assist the Department of
     Defense in times of war or national emergency.

     SEC. 3505. DEFENSE MEASURES AGAINST UNAUTHORIZED SEIZURES OF
                   MARITIME SECURITY FLEET VESSELS.

       Section 53107(b) of title 46, United States Code, is
     amended by adding at the end the following new paragraph:
       ``(3) Defense measures against unauthorized seizures.--(A)
     The Emergency Preparedness Agreement for any operating
     agreement that first takes effect or is renewed after the
     date of enactment of the National Defense Authorization Act
     for Fiscal Year 2010 shall require that any vessel operating
     under the agreement in hazardous carriage shall be equipped
     with appropriate non-lethal defense measures to protect the
     vessel, crew, and cargo from unauthorized seizure at sea.
       ``(B) In this paragraph the term `hazardous carriage' means
     the carriage of cargo for the Department of Defense in an
     area that is designated by the Coast Guard or the
     International Maritime Bureau of the International Chamber Of
     Commerce as an area of high risk of piracy.''.

     SEC. 3506. TECHNICAL CORRECTIONS TO STATE MARITIME ACADEMIES
                   STUDENT INCENTIVE PROGRAM.

       (a) Installment Payments.--Section 51509(b) of title 46,
     United States Code, is amended--
       (1) by striking ``and be paid before the start of each
     academic year, as prescribed by the Secretary,'' and
     inserting ``and be paid in such installments as the Secretary
     shall determine'';
       (2) by striking ``academy.'' and inserting ``academy, as
     prescribed by the Secretary.''.
       (b) Repeal of Redundant Section.--Section 177 of division I
     of Public Law 111-8 (123 Stat. 945; relating to amendments
     previously enacted by section 3503 of division C of Public
     Law 110-417 (122 Stat. 4762)) is repealed and shall have no
     force or effect.

     SEC. 3507. LIMITATION ON DISPOSAL OF INTEREST IN CERTAIN
                   VESSELS.

       (a) Limitation.--If the United States acquires any
     financial interest in a covered vessel as a consequence of a
     default on a loan guaranteed for the vessel under chapter 537
     of title 46, United States Code, no action to dispose of the
     financial interest may be taken by the Maritime Administrator
     until 180 days after the date the Maritime Administrator
     notifies the Secretary of the Navy that the United States has
     such financial interest.
       (b) Covered Vessel Defined.--In this section the term
     ``covered vessel'' means each of--
       (1) the vessel HUAKAI (United States official number
     1215902); and
       (2) the vessel ALAKAI (United States official number
     1182234).

  The Acting CHAIR. No amendment to the amendment in the nature of a
substitute is in order except those printed in House Report 182-151 and
amendments en bloc described in section 3 of House Resolution 572.
  Each amendment printed in the report shall be offered only in the
order printed, except as specified in section 4 of the resolution; may
be offered only by a Member designated in the report; shall be
considered read; shall be debatable for the time specified in the
report except for amendments 3 and 9, which shall be debatable for 20
minutes, equally divided and controlled by the proponent and an
opponent; shall not be subject to amendment; and shall not be subject
to a demand for a division of the question.
  It shall be in order at any time for the Chair of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments printed in the report not earlier disposed of.
  Amendments en bloc shall be considered read; shall be debatable for
20 minutes, equally divided and controlled by the chairman and ranking
minority member or their designees; shall not be subject to amendment;
and shall not be subject to a demand for division of the question.
  The original proponent of an amendment included in the amendments en
bloc may insert a statement in the Congressional Record immediately
before disposition of the amendments en bloc.
  The Chair of the Committee of the Whole may recognize for
consideration of any amendment out of the order printed, but not sooner
than 30 minutes after the Chair of the Committee on Armed Services or a
designee announces from the floor a request to that effect. Such an
announcement with regard to amendments 2, 3, 4, 9, 15, 20, 24, 34, and
39 was given on June 24, 2009.
  Pursuant to the order of the House of today, amendment 2 has been
modified.


                 Amendment No. 1 Offered by Mr. Skelton

  The Acting CHAIR. It is now in order to consider amendment No. 1
printed in House Report 111-182.
  Mr. SKELTON. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Skelton:
       Page 72, line 18, strike ``(h)'' and insert ``(d)''.
       At the end of section 414 (page 122, after line 14), add
     the following new subsection:
       (c) Conforming Amendment to Statutory Limitation.--Section
     10217(c)(2) of title 10, United States Code, is amended by
     striking ``1,950'' and inserting ``2,541''.
       Page 260, lines 9 and 10, strike ``by adding at the end the
     following new section'' and insert ``by inserting after
     section 235, as added by section 242(a) of this Act, the
     following new section''.
       Page 260, line 11, strike ``235.'' and insert ``236.''.
       Page 262, before line 1, strike ``235.'' and insert
     ``236.''.
       At the end of subtitle A of title X (page 323, after line
     12), add the following new section:

     SEC. 1003. ADJUSTMENT OF CERTAIN AUTHORIZATIONS OF
                   APPROPRIATIONS.

       (a) Air Force Research, Development, Test, and
     Evaluation.--Funds authorized to be appropriated in section
     201(3) for research, development, test, and evaluation for
     the Air Force are reduced by $2,900,000, to be derived from
     sensors and near field communication technologies.
       (b) Army Operation and Maintenance.--Funds authorized to be
     appropriated in section 301(1) for operation and maintenance
     for the Army are reduced by $18,000,000, to be derived from
     unobligated balances for the

[[Page H7337]]

     Army in the amount of $11,700,000 and fuel purchases for the
     Army in the amount of $6,300,000.
       (c) Navy Operation and Maintenance.--
       (1) Reduction.--Funds authorized to be appropriated in
     section 301(2) for operation and maintenance for the Navy are
     reduced by $22,900,000 to be derived from unobligated
     balances for the Navy in the amount of $11,700,000 and fuel
     purchases for the Navy in the amount of $11,200,000.
       (2) Availability.--Of the funds authorized to be
     appropriated in section 301(2) for operation and maintenance
     for the Navy for the purpose of Ship Activations/
     Inactivations, $6,000,000 shall be available for the Navy
     Ship Disposal-Carrier Demonstration Project
       (d) Marine Corps Operation and Maintenance.--Funds
     authorized to be appropriated in section 301(3) for operation
     and maintenance for the Marine Corps are reduced by
     $2,000,000, to be derived from unobligated balances for the
     Marine Corps in the amount of $1,100,000 and fuel purchases
     for the Marine Corps in the amount of $900,000.
       (e) Air Force Operation and Maintenance.--Funds authorized
     to be appropriated in section 301(4) for operation and
     maintenance for the Air Force are reduced by $25,000,000, to
     be derived from unobligated balances for the Air Force in the
     amount of $4,300,000 and fuel purchases for the Air Force in
     the amount of $20,700,000.
       (f) Defense-Wide Operation and Maintenance.--Funds
     authorized to be appropriated in section 301(5) for operation
     and maintenance for Defense-wide activities are reduced by
     $5,200,000, to be derived from unobligated balances for
     Defense-wide activities in the amount of $4,300,000 and fuel
     purchases for Defense-wide activities in the amount of
     $900,000.
       (g) Military Personnel.--Funds authorized to be
     appropriated in section 421 for military personnel accounts
     are reduced by $50,000,000, to be derived from unobligated
     balances for military personnel accounts.
        Page 345, line 16, strike ``30 days'' and insert ``90
     days''.
       Page 391, line 15, strike ``the budget fiscal year'' and
     insert ``subsequent fiscal years''.
       Strike section 1505 (page 493, beginning line 12) and
     insert the following new section:

     SEC. 1505. NAVY AND MARINE CORPS PROCUREMENT.

       Funds are hereby authorized to be appropriated for fiscal
     year 2010 for procurement accounts of the Navy and Marine
     Corps in amounts as follows:
       (1) For aircraft procurement, Navy, $916,553,000.
       (2) For weapons procurement, Navy, $73,700,000.
       (3) For ammunition procurement, Navy and Marine Corps,
     $710,780,000.
       (4) For other procurement, Navy, $318,018,000.
       (5) For procurement, Marine Corps, $1,164,445,000.
       Page 556, line 14, strike ``2821(b)'' and insert
     ``2811(b)''.
  The Acting CHAIR. Pursuant to House Resolution 572, the gentleman
from Missouri (Mr. Skelton) and a Member opposed each will control 5
minutes.
  The Chair now recognizes the gentleman from Missouri.
  Mr. SKELTON. At this time, Mr. Chairman, the gentleman from New
Jersey (Mr. Adler) seeks recognition for a colloquy.
  Mr. ADLER of New Jersey. Thank you, Mr. Chairman, for participating
in a colloquy with me about the importance of the joint military base
located in New Jersey. It incorporates McGuire Air Force Base, Fort
Dix, and Lakehurst Naval Air Engineering Station.
  I am proud to represent this innovative installation located in New
Jersey's Third and Fourth Congressional Districts. I am working with
Generals, Colonels, Captains, and our civilian specialists to make the
transition to the country's first tri-service joint facility as smooth
as possible.
  One of the issues people always talk with me about is the discrepancy
in locality pay. All three individual installations are logistically
close to each other; however, they fall within Burlington County and
Ocean County and, therefore, two different locality pay jurisdictions.
Currently, civilian employees doing exactly the same job are being paid
different wages.
  I am working closely with the Office of Personnel Management and the
Department of Defense to have the entire joint base considered within
Ocean County's pay area because people doing identical jobs on
different areas of the tri-service base should be paid the same.
  Mr. Chairman, I look forward to working with you on this important
issue to assist in the smooth transition to the joint base, McGuire/
Dix/Lakehurst, starting on October 1, 2009.
  Mr. SKELTON. I thank the gentleman for his comments. And in response,
I will tell the gentleman I will work with him, the committee of
jurisdiction, and the relevant government agencies to resolve the issue
and help the joint base transition.
  Mr. ADLER of New Jersey. Thank you, Mr. Chairman.
  Mr. SKELTON. Mr. Chairman, I reserve the balance of my time.
  Mr. McKEON. Mr. Chairman, I rise to claim the time in opposition
although I am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
  There was no objection.
  Mr. McKEON. I will reserve the balance of my time.
  Mr. SKELTON. Mr. Miller has a request for a colloquy at this time.
  Mr. MILLER of North Carolina. Mr. Chairman, the Servicemembers Civil
Relief Act, SCRA, protects servicemembers when their military service
hinders their ability to meet financial obligations or defend their
rights in a lawsuit. Recent court rulings have questioned whether
servicemembers have a private remedy for violations of their rights
under the SCRA. The committee included a provision to increase further
the rights of servicemembers. That is a step in the right direction,
but I am concerned that the provision does not go far enough nor as far
as the chairman and the committee would like to go.
  I submitted an amendment with Representative Jones based on H.R.
2696, the Servicemembers Rights Protection Act, to clarify that
servicemembers and covered dependents under the SCRA do have a private
cause of action. The clarifying amendment has the support of the
Department of Defense, the Department of Justice, the American Bar
Association, Military Officers Association, and is currently in the
other body's version of the National Defense Authorization.
  Will the chairman work to include the most effective private right of
action for all SCRA violations in the conference report?
  Mr. SKELTON. In response, I might tell you that, as the gentleman
knows, our committee and I work tirelessly to protect the rights of
servicemembers and their families; at the same time, I know it can be
improved. I would be happy to work with this gentleman to address the
issues that you have raised this morning.
  Mr. MILLER of North Carolina. Thank you, Mr. Chairman. I know you are
committed to stronger language and to doing everything possible to help
our servicemembers.
  Mr. SKELTON. Thank you.
  Mr. Chairman, I reserve the balance of my time.
  Mr. McKEON. Mr. Chairman, I continue to reserve.
  Mr. SKELTON. Mr. Chairman, the gentlelady from California (Mrs.
Capps) seeks recognition for a colloquy.
  Mrs. CAPPS. Mr. Chairman, I rise today to ask for your help in
providing fair and adequate disability benefits to our Nation's Federal
firefighters.
  Together with the gentleman from Pennsylvania (Mr. Platts), I
introduced the Federal Firefighters Fairness Act to create the
presumption that Federal firefighters who become disabled by heart
disease, lung disease, certain cancers, and other infectious diseases
contracted the illness on the job. This effort is strongly supported by
all five major fire organizations and has 130 bipartisan cosponsors.
  I offered this bill with an amendment to the National Defense
Authorization Act; however, it was not made in order due to PAYGO
issues.
  Mr. SKELTON. I certainly thank the gentlelady for raising this
important issue, and I assure her that I certainly share her concern
for our Federal firefighters.
  While protecting our national interests in military installations,
nuclear facilities, VA hospitals, and other Federal facilities, Federal
firefighters are routinely exposed to toxic substances, biohazards,
temperature extremes, and stress. I would be pleased to continue
working with the gentlelady on this important issue.
  Mrs. CAPPS. I thank the chairman for his commitment to improving the
health and welfare of our Federal firefighters.
  Forty-two States have already recognized this link by providing some
sort of presumptive disability benefits for their State, county, and
city firefighters. This creates a serious difference in benefits
between Federal and

[[Page H7338]]

municipal firefighters, which is basically unfair. More States enact
presumptive disability legislation each year, so this is a problem that
continues to grow and the disparity continues to be more apparent.
Clearly, there is a pressing need for this legislation.
  Mr. SKELTON. The gentlelady knows that I certainly share her
admiration and appreciation for our Federal firefighters, and I thank
her for her dedication.
  Mrs. CAPPS. Again, I thank the chairman, and I look forward to
working with him in the future.
  Mr. McKEON. I continue to reserve.

                              {time}  1045

  Mr. SKELTON. The amendment before us is one that is technical in
nature and seeks to clarify several technical misstatements and
problems that arose in the drafting of the bill.
  Mr. McKEON. I yield back my time.
  The Acting CHAIR. The question is on the amendment offered by the
gentleman from Missouri (Mr. Skelton).
  The amendment was agreed to.


                Amendment No. 3 Offered by Mr. McGovern

  The Acting CHAIR. It is now in order to consider amendment No. 3
printed in House Report 111-182.
  Mr. McGOVERN. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. McGovern:
       At the end of subtitle B of title XII, add the following
     new section:

     SEC. 12__. REPORT ON AFGHANISTAN EXIT STRATEGY.

       Not later than December 31, 2009, the Secretary of Defense
     shall submit to Congress a report outlining the United States
     exit strategy for United States military forces in
     Afghanistan participating in Operation Enduring Freedom.

  The Acting CHAIR. Pursuant to House Resolution 572 and the order of
the House of today, the gentleman from Massachusetts (Mr. McGovern) and
a Member opposed each will control 10 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. McGOVERN. Thank you, Mr. Chairman. I yield myself 2 minutes.
  Mr. Chairman, this amendment requires the Secretary of Defense to
provide Congress by the end of the year with an outline of our exit
strategy for U.S. military operations in Afghanistan. This bipartisan
amendment, offered by Representatives Walter Jones, Chellie Pingree,
Barbara Lee, and me, does not demand a timeline for withdrawal or a
halt to the deployment of the 21,000 additional troops called for by
the President. It simply asks the administration to present its plan
for beginning, middle, and end of U.S. military operations in
Afghanistan.
  For over 8 long years, our uniformed men and women have done all that
we have asked them to do in Afghanistan. We are now asking them to do
more. And we are giving them more resources and more boots on the
ground to accomplish their mission. What we have not told them is how
to tell when their contribution to the political solution is done and
they can begin to transition out of Afghanistan.
  Mr. Chairman, I want President Obama to succeed in Afghanistan. I
stand by our commitment to provide the necessary resources to help the
Afghan people take charge of their own future. But as Congress
authorizes and appropriates billions and billions of dollars for a new
strategy in Afghanistan, is it too much to ask how we will know when
our troops can finally come home to their families?
  Certainly, we need to hold the governments of Afghanistan and
Pakistan accountable for governing their own nations. But it is
incumbent upon us in Congress to hold ourselves accountable--and before
we can even do that, the administration must clearly articulate and
outline how it envisions completing its military operations in
Afghanistan.
  Eleven months into its term is not too soon for that outline to be
provided. We are asking the Congress be a proper check and balance. We
are asking for Congress to do its job. The people of this country want
clarity. They are tired of endless wars.
  Please support the McGovern-Jones-Pingree-Lee amendment.
  I reserve the balance of my time.
  Mr. McKEON. Mr. Chairman, I rise in opposition to this amendment.
  The Acting CHAIR. The gentleman is recognized for 10 minutes.
  Mr. McKEON. Mr. Chairman, Chairman Skelton and I agree that this
amendment does more harm than good. This amendment sends the wrong
signal at the wrong time for the government and people of Afghanistan,
our military men and women deployed and deploying to Afghanistan, our
NATO and non-NATO allies, and the enemy.
  Focusing on an exit versus a strategy is irresponsible and fails to
recognize that our efforts in Afghanistan are vital to preventing
future terrorist attacks on the American people and our allies.
  In March of 2009, the President rightly outlined a strategy for
Afghanistan and Pakistan focused on disrupting, dismantling, and
defeating al Qaeda and its affiliated networks and their safe havens.
  While we debate this amendment, our military men and women are
deploying to the Afghan theater as part of an additional 21,000 forces
being sent to fight the insurgency in the south and train the Afghan
National Security Forces.
  Instead of focusing on an exit, as the amendment calls for, Congress
needs to provide the funding and resources required to support the
President's strategy and allow our military commanders to succeed.
  As the commander of U.S. Central Command, General Petraeus has
consistently stated it will take sustained, substantial resources to
implement our counterinsurgency strategy in Afghanistan and give our
troops and the government of Afghanistan the opportunity to succeed.
  Lastly, the Department of Defense opposes the amendment, and I also
oppose the amendment.
  I reserve the balance of my time.
  Mr. McGOVERN. Mr. Chairman, a military strategy that has no exit is
no strategy at all.
  I'd like to yield 2 minutes to the cosponsor of this amendment, the
gentleman from North Carolina (Mr. Jones).
  Mr. JONES. Mr. Chairman, I rise in strong support of the McGovern
amendment. When the previous administration was in office, many times
Members on both sides of the aisle kept saying, Why isn't there an end
point to the war in Iraq? Now, after 8 years in Afghanistan, the
current administration must clearly articulate the benchmarks for
success and the endpoint to its war strategy.
  In my years in Congress, I have many opportunities to speak to
military leaders. Time after time, time after time, I heard this: To
have a successful war strategy, you must have an end point. An end
point is an understanding of what has to be achieved.
  General Petraeus recently said, Afghanistan has been known over the
years as the graveyard of empires. We cannot take that history lightly.
  Another voice who brings credibility to this position is Andrew
Bacevich, a retired army colonel, Gulf War and Vietnam veteran,
military historian, and the father of a son who died in Iraq in 2007.
Bacevich has written that, Embarking on a protracted war with no
foreseeable end to the U.S. commitment--lacking clearly defined and
achievable objectives--risks forfeiting public support, thereby
courting disaster.
  This amendment does not set a date for leaving Afghanistan. It simply
asks the Secretary of Defense to present a plan for success to Congress
by the end of the year.
  I would hope that the Members of Congress will look at this, and
let's not repeat Vietnam. Our men and women in uniform have given and
given and given. And it's time now to say that we have a definition of
victory. And that's all Mr. McGovern's amendment is asking.
  Mr. McKEON. Mr. Chairman, I yield 1 minute at this time to the
chairman of the Foreign Affairs Committee, the gentleman from
California (Mr. Berman).
  Mr. BERMAN. I thank my friend for yielding. I have tremendous respect
for my friend and colleague from Massachusetts. I know he always has
the best interests of the Nation and our armed services at heart. But I
must oppose the amendment.
  As much as all of us would like to have our brave men and women home

[[Page H7339]]

again reunited with their loved ones, we don't have a choice but to
keep the troops on the ground in Afghanistan for some period of time.
The only way we can succeed in Afghanistan is to create an environment
conducive to development and good governance. Our U.S. military is an
essential component of that.
  Requiring President Obama to develop an ``exit strategy''--only a few
months after he increased the number of U.S. troops in Afghanistan and
launched a new strategy--would raise questions about our commitment to
the Afghan people and complicate our efforts to help them create a
stable and secure nation in a way that would supersede whatever
benefits we could get from the passage of this amendment.
  I would ask my colleagues to give the President's plan a chance to
work.
  Mr. McGOVERN. Mr. Chairman, I yield myself 30 seconds.
  Mr. Chairman, President Obama on a recent ``60 Minutes'' interview
said he favors an exit strategy. This shouldn't be controversial. We
are told that there's a political solution ultimately to be had in
Afghanistan. All we are asking is: When does our military contribution
to that political solution come to an end so that we know when we can
think about bringing our troops back home?
  That's all this amendment does. This should not be controversial at
all. What we are asking is simply a clearly defined mission, and
nothing more.
  At this point, Mr. Chairman, I'd like to yield 2 minutes to a
cosponsor of this amendment, the gentlewoman from California (Ms. Lee).
  Ms. LEE of California. I rise in strong support of this amendment.
Let me commend my colleague from Massachusetts for his consistent and
his bold leadership.
  This amendment does not call for the redeployment of U.S. Armed
Forces out of Afghanistan. It does not call for an end of the funding
requested by the administration for military operations. It does not
tie the hands of the President, commanders in the field, or our troops
on the ground. And it does not provide aid or comfort to those who
would harm us or wish us ill.
  Instead, this will provide a vital contingency plan for withdrawing
United States military forces from Afghanistan.
  Mr. Chairman, most recognize that there is no military solution to
the quagmire in Afghanistan. I remain convinced that the United States
must develop an exit strategy in Afghanistan before further committing
the United States' limited resources and military personnel deeper into
Afghanistan in pursuit of an objective that may be unattainable,
unrealistic, or too costly. Unfortunately, we're digging ourselves
deeper in a hole.
  In 2001, I voted against the authorization to use force because I
feared that given a blank check to wage war, I really worried that this
would be for an unspecified period of time, really for an unspecified
mission. This blank check continues today. My worst fears have been
realized.
  And so what Mr. McGovern is doing makes a lot of sense. We need an
exit strategy for Afghanistan now. I urge my colleagues to vote for
this amendment. Otherwise, this blank check is going to continue.
  This does not enhance the national security of the United States of
America. The longer we're there, the worse things get for our troops.
Our troops deserve to be able to know at least what our plans are, what
they're going to entail, and when in fact they will come out of
Afghanistan. The people of Afghanistan deserve to know this.
  I commend our President for trying to develop a new direction in our
policy, but I have to tell you, putting more troops in harm's way is
not going to help us begin to develop an exit strategy out.
  So, thank you, Mr. McGovern, and thank all of the cosponsors for
making sure that we have at least an opportunity to say: No more blank
checks.
  Mr. McKEON. Mr. Chairman, I yield 2 minutes to the ranking member on
the Foreign Affairs Committee, the gentlewoman from Florida (Ms. Ros-
Lehtinen).
  Ms. ROS-LEHTINEN. Thank you so much, the gentleman from California. I
rise in strong opposition to the amendment on Afghanistan offered by
the gentleman from Massachusetts, my friend, Mr. McGovern.
  In late March of this year, the President announced his comprehensive
outline for Afghanistan and Pakistan, highlighting the threat to
critical U.S. security interests that would arise should al Qaeda and
the Taliban reclaim or establish safe havens in those countries. The
President clearly outlined our goals to disrupt, to dismantle, and to
defeat al Qaeda. I agree with him on those goals. But success requires
a sustained commitment and sustained support for both the mission and
the brave Americans and Afghanis carrying it out.
  Our strategy is meeting with success, yet the McGovern amendment is
already looking for an exit strategy. This amendment sends a terrible
message about U.S. resolve to both friends and foes alike.
  And we're not alone in this concern. It's precisely why the Obama
administration also opposes the McGovern amendment, stating that the
McGovern amendment, ``would demonstrate a lack of commitment to the new
strategy, it will signal to our Afghan partners that the U.S. presence
and efforts in country are fleeting, and it demonstrates to al Qaeda
that we are not intending to see this new strategy through.''
  It could hamper U.S. strategic goals in the entire region. Rather
than focusing on an exit strategy, we should instead be focused on
working with the Obama administration to provide the necessary
flexibility to craft policies that offer the best chance of success,
while ensuring congressional consultation and congressional
notification.
  The underlying bill provides this balance. And that's why Chairman
Skelton, Ranking Member McKeon, Chairman Berman and I ask our
colleagues to support U.S. efforts in Afghanistan and oppose the
McGovern amendment.

                              {time}  1100

  Mr. McGOVERN. Mr. Chairman, I yield myself 15 seconds.
  All we are trying to do is fill in the holes of the strategy that
President Obama has already articulated. I think the American people
would welcome that. I think the Afghan people would welcome that. The
notion that we are sending our men and women into harm's way without a
clearly defined mission, which includes a beginning, middle and end, to
me, is a mistake.
  Mr. Chairman, I would yield 1\1/2\ minutes to the gentleman from
North Carolina (Mr. Jones).
  Mr. JONES. Mr. Chairman, I thank the gentleman from Massachusetts.
  I respect everyone's position and everyone's right, but I would like
to say that To Die For a Mystique is an article written by Andrew
Bacevich, who I quoted just a few minutes ago, subtitled The Lessons
Our Leaders Didn't Learn From the Vietnam War. Here we are, extending
an 8-year commitment of our troops in Afghanistan. What's going to
happen 3 or 4 years from now if we're in the same situation? And then
we're talking about a 12-, 14-16-year commitment.
  Look at what the Russians did. They went there and spent 10 years and
billions of dollars, and thousands of Russians were killed. Look at
Alexander the Great. He tried to conquer Afghanistan. He failed. Look
at what the British did, and they couldn't make it. We're not talking
about a pull-out. We're just saying, have an end point to your war
strategy that the American people will understand and really, more
important than the American people, our military. They're tired.
They're worn out. They will keep going. They go back five, six, seven,
eight times. But ask a military family down at Camp LeJeune, You want
to send your husband or wife back for the sixth time to Afghanistan?
We're 8 years behind the fight because we never should have gone into
Iraq. Let's not make the same mistake they made during the Vietnam era.
  Thank you, Mr. McGovern, for introducing this amendment. On behalf of
our country and our troops, thank you very much.
  Mr. McKEON. Mr. Chairman, I yield 2 minutes to the chairman of the
Armed Services Committee, the gentleman from Missouri, Chairman
Skelton.
  Mr. SKELTON. Mr. Chairman, I respectfully disagree with this
amendment, and I respectfully oppose it. This amendment sends exactly
the wrong message, focusing on an exit strategy

[[Page H7340]]

which may well reinforce the perception among the Afghans that we're
not committed to protecting them from the Taliban and al Qaeda.
  Mr. Chairman, we have a new commander on the ground. We've added tens
of thousands of troops. We're adding hundreds of civilian experts. We
should not undermine those efforts. Commanders make a difference. As
you know, we have General McChrystal who has replaced General McKiernan
in Afghanistan. History shows that new commanders make a big
difference. Let's give General McChrystal the opportunity to show what
American troops, American civilians, the State Department and others
can do. History shows that. President Lincoln replaced General
McClellan, General Burnside, General Hooker, General Meade and finally
ended up with a man by the name of Grant. General Auchinleck was
replaced by Bernard Montgomery, and the great Battle of El Alamein came
to pass.
  Let's give General McChrystal the opportunity. Further let me add,
Mr. Chairman, this amendment is intended to get the administration to
lay out its strategy; but section 1217 of our bill already requires the
administration to lay out goals, to lay out timelines and conduct
regular assessments. That's the way General McChrystal should be
judged. Let's do that.
  I do oppose this amendment very respectfully.
  The Acting CHAIR. The Chair will note that the gentleman from
Massachusetts has 1\3/4\ minutes remaining, and the gentleman from
California has 3\1/4\ minutes remaining.
  Mr. McGOVERN. Mr. Chairman, I am the final speaker on my side so I
will let the gentleman proceed.
  Mr. McKEON. Mr. Chairman, at this time I am happy to yield 1 minute
to a young man who joined the Marine Corps the day after 9/11, served
two tours in Iraq and one in Afghanistan and is a member of the Armed
Services Committee, the gentleman from California (Mr. Hunter).
  Mr. HUNTER. I thank the ranking member, and I would like to associate
myself with the chairman's remarks on this issue.
  I think I'm the only one on the floor here who's actually served in
Afghanistan. I served twice in Iraq as a United States Marine. I would
have to respectfully oppose this amendment, and the reason is this: The
best exit strategy is to actually win. That's the best exit strategy.
To go in there, win the fight, kill al Qaeda, kill Taliban, have the
State Department work with the local Afghan people, then we can leave
after we have success over there. That's how we won in Iraq. We won in
Iraq. Once we stopped worrying about losing, we had the surge, and now
we're successful in Iraq. That's what we need in Afghanistan. The way
that we're going to lose Afghanistan is if we start focusing on how
we're going to pull out successfully. What we need to do is win, win
hard, and win strong, and then we can all come home.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. McKEON. I yield the gentleman an additional 30 seconds.
  Mr. HUNTER. I thank the ranking member from California.
  I respectfully oppose this amendment. As a United States Marine, as a
U.S. Congressman and representing all of our men and women in uniform
fighting for us right now, let's win, get the job done, and then we can
come home.
  Mr. McKEON. Mr. Chairman, I yield myself the balance of my time.
  The Acting CHAIR. The gentleman from California is recognized for 2
minutes.
  Mr. McKEON. I think Mr. Hunter just stated it very clearly. The exit
strategy should be to win, and then bring our forces home. It was
stated earlier that General Petraeus made a statement that Afghanistan
has been known over the years as a graveyard of empires, and we cannot
take that history lightly. That was part of a speech that he gave.
  I would like to say some other things that he mentioned in that
speech:
  ``We have a hugely important interest in ensuring that Afghanistan
does not once again become a sanctuary for transnational terrorists.
And to complement and capitalize on the increased military resources,
more civilian assets, adequate financial resources, close civil-
military cooperation and a comprehensive approach that encompasses
regional states will be necessary. Our objectives are of enormous
importance. We all need to summon the will and the resources necessary
to make the most of it.''
  It was just a couple of years ago when we were having a similar
debate when we were being told by some that we needed to get out of
Iraq, that there was no way we could win, and General Petraeus was
called to lead the surge. And now he is telling us how we can win in
Afghanistan. Mr. Chairman, I think now is not time to be retreating.
Now is not the time when we're sending 20,000 troops and are ready to
embark on this surge to win, to help the people of Afghanistan and
preserve our national interests there. Now is the time to let the
forces know that we support them. We support their mission. We want
them to be successful and return home safely.
  I yield back the balance of my time.
  Mr. McGOVERN. Mr. Chairman, I yield myself the remaining time.
  Mr. Chairman, everyone acknowledges that there is no military
solution in Afghanistan, only a political solution; but we are putting
billions of dollars into building up our military presence without a
clear vision of how to bring our troops home, an exit strategy, for
lack of a better term. Every military mission has a beginning, a
middle, a time of transition and an end. But I have yet to see that
vision articulated in any document, speech or briefing.
  We're not asking for an immediate withdrawal. We're surely not
talking about cutting or running or retreating. Just a plan. If there's
no military solution for Afghanistan, then please, just tell us how we
will know when our military contribution to the political solution has
ended. Requiring an outline for how our military operations are to
proceed in Afghanistan so that Congress can effectively weigh the level
of investment, both human and financial, is called doing our job,
something this body neglected to do throughout the past 8 years.
  I welcome the reports, the time frames, the matrixes included in H.R.
2647. But once again, we're trying to define what the administration
has failed to articulate for itself. When I first ran for Congress, I
promised my constituents that I would never, ever send our servicemen
and -women into a war without a clearly defined mission and a clear
vision of how we would bring them home safely to their families and to
their loved ones. I am sticking to that promise. Please support the
McGovern-Jones-Lee-Pingree amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. McGovern).
  The question was taken; and the Acting Chair announced that the noes
appeared to have it.
  Mr. McGOVERN. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from
Massachusetts will be postponed.


                Amendment No. 4 Offered by Mr. McGOVERN

  The Acting CHAIR. It is now in order to consider amendment No. 4
printed in House Report 111-182.
  Mr. McGOVERN. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. McGovern:
       At the end of subtitle E of title X of the bill, add the
     following new section:

     SEC. 10XX. PUBLIC DISCLOSURE OF NAMES OF STUDENTS AND
                   INSTRUCTORS AT WESTERN HEMISPHERE INSTITUTE FOR
                   SECURITY COOPERATION.

       Section 2166 of title 10, United States Code, is amended by
     adding at the end the following new subsection:
       ``(j) Public Disclosure of Students and Instructors.--(1)
     The Secretary of Defense shall release to the public, upon
     request, the information described in paragraph (2) for each
     of fiscal years 2005, 2006, 2007, 2008, and 2009, and any
     fiscal year thereafter.
       ``(2) The information to be released under paragraph (1)
     shall include the following with respect to the fiscal year
     covered:
       ``(A) The entire name, including the first, middle, and
     maternal and paternal surnames, with respect to each student
     and instructor at the Institute.

[[Page H7341]]

       ``(B) The rank of each student and instructor.
       ``(C) The country of origin of each student and instructor.
       ``(D) The courses taken by each student.
       ``(E) The courses taught by each instructor.
       ``(F) Any years of attendance by each student in addition
     to the fiscal year covered.''.

  The Acting CHAIR. Pursuant to House Resolution 572, the gentleman
from Massachusetts (Mr. McGovern) and a Member opposed each will
control 5 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. McGOVERN. Mr. Chairman, I yield myself 1\1/2\ minutes.
  This amendment is identical to the amendment approved by the House
last year. Its purpose is quite simple: for over 40 years, the names of
students and instructors at the former U.S. Army School of the Americas
and now the Western Hemisphere Institute for Security Cooperation were
available to the public. All you had to do was make a phone call, write
a letter, file a FOIA request, and the names were provided.
  Suddenly in August 2006, the names became classified. The only reason
cited by the Defense Department for denying the names was that the list
includes personal information, but nothing about the request had
changed. No one had asked for new information and certainly none of a
personal nature. So for the past 3 years, the names of graduates and
instructors at WHINSEC have remained secret. Well--almost secret. Names
constantly pop up in WHINSEC PR materials, sometimes with a photo; but
the public is still denied access.
  In over four decades of public access, not once has there ever been a
whisper that the military officers attending WHINSEC were targets. And
those were some pretty turbulent years with coups in the southern cone,
civil wars in Central America, drug lords, drug cartels and armed
groups in the Andes, especially Colombia and Peru. Not a hint that
attending the school was dangerous.
  The WHINSEC is supposed to be a model for transparency,
accountability, and respect for civil society and human rights. What
signal does the school send to its Latin American counterparts about
our democratic values when it denies access to information that has
been available for decades? Vote to restore public access to this
amendment. Vote for this amendment.
  I reserve the balance of my time.
  Mr. McKEON. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
  Mr. McKEON. Mr. Chairman, I yield myself as much time as I may
consume.
  I rise in strong opposition to this amendment. While my colleagues on
the opposite side of the aisle will argue that disclosing the personal
information of the students and instructors of WHINSEC is in the name
of transparency and good oversight, what they're actually suggesting is
that the United States does not respect the privacy of foreign citizens
and, more specifically, our allies in the western hemisphere who are
invited to attend the U.S. military schools.
  What concerns me is that this amendment exposes WHINSEC's students
and instructors, which includes U.S. citizens, to hostile personal
hazards, such as identity theft and surveillance, intimidation or
attack from foreign intelligence security and terrorist organizations.
  In terms of oversight, Congress already receives the information. We
just received a copy of the attendees for 2008, and we were able to
keep our partners and their families safe. I think it's important to
recognize that WHINSEC is an important tool for strengthening security
cooperation with our key allies in the western hemisphere. This
includes Mexico, our neighbor to the south. WHINSEC provides training
to Mexican land forces in the Spanish language and builds their
capacity to prevail in the fight against drug trafficking, organized
crime and other transnational threats. Such training and cooperation is
critical to our homeland security.
  It baffles me that given the narco-fight on our border, some of my
colleagues think that now is the right time to expose our past, current
and future partners and deprive them of their safety and security. I
will oppose this amendment.
  I reserve the balance of my time.
  Mr. McGOVERN. Mr. Chairman, I yield 1 minute to the gentleman from
Missouri (Mr. Skelton), the chairman of the Armed Services Committee.
  Mr. SKELTON. Mr. Chairman, I rise in support of this amendment. The
Western Hemisphere Institute has much to be proud of, including an
enviable curriculum and dedicated support staff. Returning to a policy
of public disclosure of student names and instructors will remove one
of the lingering doubts about this school. It's come a long way, and I
am very proud of what it does. I am a strong supporter of that school.
Publicly revealing the names does not discourage attendance.
  According to statistics provided by the Department of Defense to the
Center For International Policy for fiscal years 2001 through 2006,
Latin American and Caribbean countries provided, on the average, more
students to this institution, to this school during the time that
WHINSEC made the names of students and instructors publicly available
than when the institute refused to provide such information.

                              {time}  1115

  There is no real reason to withhold those names. We should be proud
of what we do there. We want them to return to their country to be
proud of their studies there.
  Mr. McKEON. Mr. Chairman, at this time I yield 3 minutes to the
gentleman from Georgia (Mr. Gingrey).
  Mr. GINGREY of Georgia. Mr. Chairman, even though my former Rules
Committee colleague and I couldn't disagree more when it comes to
WHINSEC, he is my good friend and I always look forward to our spirited
debates on this matter. Predictably, I rise today to take issue with
his amendment.
  The gentleman has stated today and in the past that the information
on the WHINSEC students and instructors is always made available but
that since 2005 disclosure and transparency have been lacking. To be
clear, Mr. Chairman, the Department of Defense has provided to Congress
the names, country of origin, and rank, courses, and dates of
attendance of all students and instructors at WHINSEC since the year
2005.
  Since we already know exactly who is attending WHINSEC, I am led to
wonder, Mr. Chairman, what is the McGovern amendment trying to
accomplish? Unfortunately, I believe that the release of personal
information has less to do with transparency and more to do with the
efforts to shut WHINSEC down, something that this Congress has
repeatedly rejected. If transparency is the issue, Mr. Chairman,
WHINSEC is open to visitors every working day. It invites people to sit
in class, talk with the students, talk with the faculty, and review
instructional material. This is perhaps the most open, transparent, and
welcoming organization in the Department of Defense.
  Mr. McGovern has also stated in the past that from time to time
WHINSEC PR materials include pictures of students and instructors, so
why the need to protect the identities of attendees? While this may be
true, these are not the materials that end up in the mailboxes of
narcotraffickers and drug lords in Central and South America; however,
these criminals do search the Internet for the names of law enforcement
personnel who stand in their way.
  I would also note there's a big difference between the voluntary and
involuntary publishing of the names of the WHINSEC participants.
Obviously, an attendee who is an undercover counterdrug officer would
be more reticent to have his or her name posted on a Web site than
would someone who has since become a high-ranking public official.
  Mr. Chairman, every Member of this body should know that WHINSEC is
an invaluable tool for military-to-military cooperation between us, the
United States, and Latin America and is a vital means for strengthening
security cooperation in the region. Publicizing the names of WHINSEC
students in their home countries could very well lead to hostile
attention from nations, organizations, and individuals that may wish to
do harm to the U.S., its friends and its allies. Such publications

[[Page H7342]]

could serve as a disincentive to Central and South American, and
Mexican, yes, Mexican students who otherwise want to attend WHINSEC and
could discourage nations from sending their students to the school.
  It would undercut the effectiveness of WHINSEC as a tool for building
hemispheric security cooperation and communicating the democratic
values and respect for human rights we espouse. If our ability to
influence the democratic trajectory of the region were diminished, it
would be countries like Venezuela and China that would fill the void.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. McKEON. I yield the gentleman an additional minute.
  Mr. GINGREY of Georgia. I therefore believe this amendment could
potentially do much more harm than good, and I ask all my colleagues to
oppose it.
  Mr. McGOVERN. Mr. Chairman, I yield 1 minute to the gentleman from
Georgia, who represents WHINSEC in his district (Mr. Bishop).
  Mr. BISHOP of Georgia. I thank the gentleman for yielding.
  I just want the Members of this House to know that I represent the
area where WHINSEC is located, Fort Benning, Georgia. I represented
formerly the School of the Americas. I've been involved in this debate
year in and year out. This is my 17th year.
  The all-encompassing question is whether or not WHINSEC or its
predecessor trained terrorists and murderers who did harm. That's an
issue. But to create transparency, we want to make sure that this
amendment passes so that people on both sides of the issue can get the
facts and transparency and know who goes to the school, who teaches at
the school, what the curriculum is. Having that be transparent is all
we want to do, and the facts will speak for themselves.
  I support WHINSEC. It's one of the greatest tools that our country
has for democracy in our hemisphere. It's a good opportunity for us to
make friends, keep friends, and to cooperate. But we want to make sure
that there is no misunderstanding, and I join with the chairman in
supporting this amendment and ask my colleagues to do the same.
  Mr. Chair, I am pleased to co-sponsor this amendment to the FY 2010
National Defense Authorization Act to restore public access and
transparency to the names of students and instructors at the Western
Hemisphere Institute for Security Cooperation, or WHINSEC.
  WHINSEC is located in Georgia's 2nd Congressional District at Ft.
Benning. I have on many occasions visited the school and have supported
the school's efforts to share its civil and military training with our
friends and partners in Latin America. WHINSEC is a military and
academic institution, the primary effort of which is to promote peace,
democratic values, and respect for human rights through inter-American
cooperation.
  I agree with my esteemed colleague, Mr. McGovern, that the school
should provide the names of Latin American and U.S. military personnel
who attend or teach at the school, as well as the curriculum taught at
the school.
  This amendment brings back the former policy of disclosing attendees,
faculty members and course offerings. Allowing this information to
become public will protect the school from attempts to discredit its
efforts to develop partnerships and the principles of democracy.
  It will also demonstrate to the nations of Latin America that the
lessons learned at WHINSEC are ethnical, promote human rights, and
provide a civil/military framework of building democratic governments.
  Please join me in supporting this effort to ensure that the
institutions we entrust to promote democratic principles are open for
review and discussion. I urge you to support the amendment to H.R.
2647, the FY 2010 National Defense Authorization Act.
  Mr. McGOVERN. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, my friend from Georgia (Mr. Gingrey) talked about the
fact that the names were being released by WHINSEC. The fact he didn't
mention is they're being released to us in a classified form so that no
one in the public can see them. And it is not unique for this
information to be made public. Other Army, Air Force and Navy military
schools and training schools still provide the public with the names of
Latin American students. I have a pile of them right here. Each one
asserts the needs of the public interest outweigh any consideration for
privacy. And I believe that standing up for transparency,
accountability, and our own democratic values strengthens our national
security and U.S.-Latin American relations. The danger comes when
democratic values and transparency are viewed as detrimental.
  Mr. Chairman, the House approved this amendment last year; it should
approve it again. The cosponsors of this amendment do not agree on the
fate of WHINSEC, but we all agree that we need to restore public access
to these names.
  Look at these lists, Mr. Chairman, all blacked out. Does this look
like transparency? Is this democracy at work? Is this the model we want
Latin American militaries to copy? The names were public for decades
until August 2006. Openness was the norm, not secrecy.
  Mr. Chairman, I urge my colleagues to support this amendment and
restore public access, restore transparency, restore accountability. It
is the right thing to do.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The gentleman from California has 15 seconds
remaining.
  Mr. McKEON. Mr. Chairman, I yield the balance of my time to the
gentleman from California (Mr. Hunter).
  Mr. HUNTER. I thank the gentleman for yielding.
  Mr. Chairman, it's very simple: if you release the names of these
foreign special operators that are at WHINSEC, you are literally
encouraging their murder. The men and women fighting for justice in
Central and South America, if you release those names, you will have
their attempted murder on your hands if this amendment passes.
  The Acting CHAIR. All time has expired.
  The question is on the amendment offered by the gentleman from
Massachusetts (Mr. McGovern).
  The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
  Mr. McKEON. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from
Massachusetts will be postponed.


            Amendments En Bloc No. 1 Offered by Mr. Skelton

  Mr. SKELTON. Mr. Chairman, pursuant to H. Res. 572, I offer
amendments en bloc entitled No. 1.
  The Acting CHAIR. The Clerk will designate the amendments en bloc.
  Amendments en bloc printed in House Report 111-182 consisting of
amendments numbered 5, 6, 8, 12, 13, 16, 17, 18, 19, 21, 22, 26, 29,
45, 61, 63, and 64 offered by Mr. Skelton:


           Amendment No. 5 Offered by Mr. Hastings of Florida

  The text of the amendment is as follows:

       At the end of subtitle C of title V (page 134, after line
     24), add the following new section:

     SEC. 524. PROHIBITION ON RECRUITMENT, ENLISTMENT, OR
                   RETENTION OF PERSONS ASSOCIATED OR AFFILIATED
                   WITH GROUPS ASSOCIATED WITH HATE-RELATED
                   VIOLENCE AGAINST GROUPS OR PERSONS OR THE
                   UNITED STATES GOVERNMENT.

       Section 504 of title 10, United States Code, is amended by
     adding at the end the following new subsection:
       ``(c) Persons Associated or Affiliated With Hate Groups.--
       ``(1) Prohibition.--A person associated or affiliated with
     a group associated with hate-related violence against groups
     or persons or the United States Government, as determined by
     the Attorney General, may not be recruited, enlisted, or
     retained in the armed forces.
       ``(2) Definition of hate group.--In this subsection, the
     terms `group associated with hate-related violence' or `hate
     group' mean the following:
       ``(A) Groups or organizations that espouse or engage in
     acts of violence against other groups or minorities based on
     ideals of hate, ethnic supremacies, white supremacies,
     racism, anti-Semitism, xenophobia, or other bigotry
     ideologies.
       ``(B) Groups or organizations engaged in criminal gang
     activity including drug and weapons trafficking and
     smuggling.
       ``(C) Groups or organizations that espouse an intention or
     expectation of armed revolutionary activity against the
     United States Government, or the violent overthrow of the
     United States Government.
       ``(D) Groups or organizations that espouse an intention or
     expectation of armed activity in a `race war'.
       ``(E) Groups or organizations that encourage members to
     join the armed forces in order to obtain military training to
     be used for acts of violence against minorities, other
     groups, or the United States Government.

[[Page H7343]]

       ``(F) Groups or organizations that espouse violence based
     on race, creed, religion, ethnicity, or sexual orientation.
       ``(G) Other groups or organizations that are determined by
     the Attorney General to be of a violent, extremist nature.
       ``(3) Evidence of association or affiliation with hate
     group.--The following shall constitute evidence that a person
     is associated or affiliated with a group associated with
     hate-related violence:
       ``(A) Individuals possessing tattoos or other body markings
     indicating association or affiliation with a hate group.
       ``(B) Individuals known to have attended meetings, rallies,
     conferences, or other activities sponsored by a hate group.
       ``(C) Individuals known to be involved in online activities
     with a hate group, including being engaged in online
     discussion groups or blog or other postings that support,
     encourage, or affirm the group's extremist or violent views
     and goals.
       ``(D) Individuals who are known to have in their possession
     photographs, written testimonials (including diaries or
     journals), propaganda, or other materials indicating
     involvement or affiliation with a hate group. Such materials
     can include photographs, written materials relating to or
     referring to extreme hatred that are clearly not of an
     academic nature, possession of objects that venerate or
     glorify hate-inspired violence, and related materials, as
     determined by the Attorney General..
       ``(E) Individuals espousing the intent to acquire military
     training for the purpose of using such training towards
     committing acts of violence of a purpose not affiliated with
     the armed forces.
       ``(4) Requirements for recruiters and enlistment processing
     stations.--A military recruiters may not enlist, or assist in
     enlisting, a person who is associated or affiliated with a
     group associated with hate-related violence, as evidenced
     pursuant to paragraph (3). A person at any military
     enlistment processing station who, during the screening
     process, is found to be affiliated or associated with a hate
     group (including through admitting to any such affiliation or
     association on any form or document) is automatically
     prohibited from enlisting.
       ``(5) Separation.--
       ``(A) Separation required.--A person discovered or
     determined to be associated or affiliated with a group
     associated with hate-related violence, as evidenced pursuant
     to paragraph (3), shall be immediately discharged from the
     armed forces, in the manner prescribed in regulations
     regarding discharge from service.
       ``(B) Exception.--Subparagraph (A) shall not apply to a
     member of the armed forces who has renounced the member's
     previous affiliation or association with a group associated
     with hate-related violence, as determined by the commanding
     officer of the member.
       ``(6) Reporting requirement.--Not later than April 1, 2010,
     and annually thereafter, the Secretary concerned shall submit
     to the Committees on Armed Service of the Senate and House of
     Representatives a report--
       ``(A) on the presence in the armed forces of members who
     are associated or affiliated with a group associated with
     hate-related violence and describing the actions of the
     Secretary to discharge such members; and
       ``(B) describing the actions of the Secretary to prevent
     persons who are associated or affiliated with a hate group
     from enlisting.''.

           Amendment No. 6 Offered by Mr. Hastings of Florida

  The text of the amendment is as follows:

       At the end of subtitle E of title X (page 374, after line
     6), insert the following new section:

     SEC. 1055. NOTIFICATION AND ACCESS OF INTERNATIONAL COMMITTEE
                   OF THE RED CROSS WITH RESPECT TO DETAINEES AT
                   THEATER INTERNMENT FACILITY AT BAGRAM AIR BASE,
                   AFGHANISTAN.

       (a) Notification.--The head of a military service or
     department, or of a Federal department or agency, that has
     custody or effective control of the Theater Internment
     Facility at Bagram Air Base, Afghanistan, or of any
     individual detained at such facility, shall, upon the
     detention of any such individual at facility, notify the
     International Committee of the Red Cross (referred to in this
     section as the ``ICRC'') of such custody or effective
     control, as soon as possible.
       (b) Access.--The head of a military service or department,
     or of a Federal department or agency, with effective control
     of the Theater Internment Facility at Bagram Air Base,
     Afghanistan, pursuant to subsection (a), shall ensure ICRC
     access to any detainee within 24 hours of the receipt by such
     head of an ICRC request to access the detainee. Such access
     to the detainee shall continue pursuant to ICRC protocols and
     agreements reached between the ICRC and the head of a
     military service or department, or of a Federal department or
     agency, with effective control over the Theater Internment
     Facility at Bagram Air Base, Afghanistan.
       (c) Scope of Access.--The ICRC shall be provided access, in
     accordance with this section, to any physical locality at the
     Theater Internment Facility at Bagram Air Base, Afghanistan,
     determined by the ICRC to be relevant to the treatment of the
     detainee, including the detainee's cell or room,
     interrogation facilities or rooms, hospital or related health
     care facilities or rooms, or other locations not named in
     this section.
       (d) Construction.--Nothing in this section shall be
     construed to--
       (1) create or modify the authority of a military service or
     department, a Federal law enforcement agency, or the
     intelligence community to detain an individual; or
       (2) limit or otherwise affect any other rights or
     obligations which may arise under the Geneva Conventions,
     other international agreements, or other laws, or to state
     all of the situations under which notification to and access
     for the International Committee of the Red Cross is required
     or allowed.

      Amendment No. 8 Offered by Ms. Loretta Sanchez of California

  The text of the amendment is as follows:

       At the end of subtitle D of title V (page 144, after line
     3), add the following new section:

     SEC. 537. AIR FORCE ACADEMY ATHLETIC ASSOCIATION.

       (a) In General.--Chapter 903 of title 10, United States
     Code, is amended by inserting after section 9359 the
     following new section:

     ``Sec. 9359a. Air Force Academy Athletic Association:
       authorization, purpose, and governance

       ``(a) Establishment Authorized.--The Secretary of the Air
     Force may establish a nonprofit corporation, to be known as
     the `Air Force Academy Athletic Association', to support the
     athletic program of the Air Force Academy.
       ``(b) Organization and Duties.--(1) The Air Force Academy
     Athletic Association (in this section referred to as the
     `Association') shall be organized and operated as a nonprofit
     corporation under section 501(c)(3) of the Internal Revenue
     Code of 1986 and under the powers and authorities set forth
     in this section and the provisions of the laws of the State
     of incorporation. The Association shall operate on a
     nonpartisan basis exclusively for charitable, educational,
     and civic purposes consistent with the authorities referred
     to in this subsection to support the athletic program of the
     Academy.
       ``(2) Subject to the approval of the Secretary of the Air
     Force, the Association may--
       ``(A) operate and manage athletic and revenue generating
     facilities on Academy property;
       ``(B) use Government facilities, utilities, and services on
     the Academy, without charge, in support of its mission;
       ``(C) sell products to the general public on or off
     Government property;
       ``(D) charge market-based fees for admission to Association
     events and other athletic or athletic-related events at the
     Academy and for use of Academy athletic facilities and
     property; and
       ``(E) engage in other activities, consistent with the
     Academy athletic mission as determined by the Board of
     Directors.
       ``(c) Board of Directors.--(1) The Association shall be
     governed by a Board of Directors made up of at least nine
     members. The members, other than the member referred to in
     paragraph (2), shall serve without compensation, except for
     reasonable travel and other related expenses for attendance
     at required meetings.
       ``(2) The Director of Athletics at the Academy shall be a
     standing member of the Board as part of the Director's duties
     as the Director of Athletics.
       ``(3) Subject to the prior approval of all nominees for
     appointment by the Secretary of the Air Force, the
     Superintendent shall appoint the remaining members of the
     Board.
       ``(4) The Secretary of the Air Force shall select one of
     the members of the Board appointed under paragraph (3) to
     serve as chairperson of the Board.
       ``(d) Bylaws.--Not later than July 1, 2010, the Association
     shall propose its by-laws. The Association shall submit the
     by-laws, and all future changes to the by-laws, to the
     Secretary of the Air Force for review and approval. The by-
     laws shall be made available to Congress for review.
       ``(e) Transition From Nonappropriated Fund Operation.--(1)
     Until September 30, 2011, the Secretary of the Air Force may
     provide for parallel operations of the Association and the
     Air Force nonappropriated fund instrumentality whose
     functions include providing support for the athletic program
     of the Academy. Not later than that date, the Secretary shall
     dissolve the nonappropriated fund instrumentality and
     transfer its assets and liabilities to the Association.
       ``(2) The Secretary may transfer title and ownership to all
     the assets and liabilities of the nonappropriated fund
     instrumentality referred to in paragraph (1), including bank
     accounts and financial reserves in its accounts, equipment,
     supplies, and other personal property without cost or
     obligation to the Association.
       ``(f) Contracting Authorities.--(1) The Superintendent may
     procure, at fair and reasonable prices, such athletic goods,
     services, human resources, and other support from the
     Association as the Superintendent considers appropriate to
     support the athletic program of the Academy. The Association
     shall be exempt from the requirements of section 2533a of
     this title and the Buy American Act (41 U.S.C. 10a et seq.).
       ``(2) The Superintendent may accept from the Association
     funds, goods, and services for use by cadets and Academy
     personnel during participation in, or in support of, Academy
     or Association contests, events, and programs.

[[Page H7344]]

       ``(g) Use of Air Force Personnel.--Air Force personnel may
     participate in--
       ``(1) the management, operation, and oversight of the
     Association;
       ``(2) events and athletic contests sponsored by the
     Association; and
       ``(3) management and sport committees for the National
     Collegiate Athletic Association and other athletic
     conferences and associations.
       ``(h) Funding Authority.--The authorization of
     appropriations for the operation and maintenance of the
     Academy includes Association operations in support of the
     Academy athletic program, as approved by the Secretary of the
     Air Force.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such chapter is amended by inserting after the
     item relating to section 9359 the following new item:

``9359a. Air Force Academy Athletic Association: authorization,
              purpose, and governance.''.

                 Amendment No. 12 Offered by Mr. Turner

  The text of the amendment is as follows:

       At the end of subtitle C of title XII of the bill, add the
     following new section:

     SEC. 12XX. LIMITATION ON FUNDS TO IMPLEMENT REDUCTIONS IN THE
                   STRATEGIC NUCLEAR FORCES OF THE UNITED STATES
                   PURSUANT TO ANY TREATY OR OTHER AGREEMENT WITH
                   THE RUSSIAN FEDERATION.

       (a) Findings.--Congress makes the following findings:
       (1) In the Joint Statement by President Dmitriy Medvedev of
     the Russian Federation and President Barack Obama of the
     United States of America after their meeting in London,
     England on April 1, 2009, the two Presidents agreed ``to
     pursue new and verifiable reductions in our strategic
     offensive arsenals in a step-by-step process, beginning by
     replacing the Strategic Arms Reduction Treaty with a new,
     legally-binding treaty.''.
       (2) At that meeting, the two Presidents instructed their
     negotiators to reach an agreement that ``will mutually
     enhance the security of the Parties and predictability and
     stability in strategic offensive forces, and will include
     effective verification measures drawn from the experience of
     the Parties in implementing the START Treaty.''.
       (3) Subsequently, on April 5, 2009, in a speech in Prague,
     the Czech Republic, President Obama proclaimed: ``Iran's
     nuclear and ballistic missile activity poses a real threat,
     not just to the United States, but to Iran's neighbors and
     our allies. The Czech Republic and Poland have been
     courageous in agreeing to host a defense against these
     missiles. As long as the threat from Iran persists, we will
     go forward with a missile defense system that is cost-
     effective and proven.''.
       (4) President Obama also said: ``As long as these [nuclear]
     weapons exist, the United States will maintain a safe, secure
     and effective arsenal to deter any adversary, and guarantee
     that defense to our allies--including the Czech Republic. But
     we will begin the work of reducing our arsenal.''.
       (b) Limitation.--Funds authorized to be appropriated by
     this Act or otherwise made available to the Department of
     Defense for fiscal year 2010 may be obligated or expended to
     implement reductions in the strategic nuclear forces of the
     United States pursuant to any treaty or other agreement
     entered into between the United States and the Russian
     Federation on strategic nuclear forces after the date of
     enactment of this Act only if the President certifies to
     Congress that--
       (1) the treaty or other agreement provides for sufficient
     mechanisms to verify compliance with the treaty or agreement;
       (2) the treaty or other agreement does not place
     limitations on the ballistic missile defense systems, space
     capabilities, or advanced conventional weapons of the United
     States; and
       (3) the fiscal year 2011 budget request for programs of the
     Department of Energy's National Nuclear Security
     Administration will be sufficiently funded to--
       (A) maintain the reliability, safety, and security of the
     remaining strategic nuclear forces of the United States; and
       (B) modernize and refurbish the nuclear weapons complex.
       (c) Report.--Not later than 90 days after the date of the
     enactment of this Act, the President shall transmit to the
     congressional committees specified in subsection (d) a report
     on the stockpiles of strategic and non-strategic weapons of
     the United States and the Russian Federation.
       (d) Specified Congressional Committees.--The congressional
     committees specified in this subsection are the following:
       (1) The Committee on Armed Services and the Committee on
     Foreign Affairs of the House of Representatives.
       (2) The Committee on Armed Services and the Committee on
     Foreign Relations of the Senate.
       (e) Definition.--For the purposes of this section, the term
     ``advanced conventional weapons'' means any advanced weapons
     system that has been specifically designed not to carry a
     nuclear payload.

                 Amendment No. 13 Offered by Mr. Bright

  The text of the amendment is as follows:

       At the end of title VIII, add the following new section:

     SEC. 8XX. FOLLOW-ON CONTRACTS FOR CERTAIN ITEMS ACQUIRED FOR
                   SPECIAL OPERATIONS FORCES.

       (a) Authority for Award of Follow-on Contracts.--The
     commander of the special operations command, acting under
     authority provided by section 167(e)(4) of title 10, United
     States Code, may award a follow-on contract for the
     acquisition of an item to a contractor who previously
     provided such item if--
       (1) the item is an item of special operations-peculiar
     equipment and not anticipated to be made service common
     within 24 months of the initial contract;
       (2) the item was previously acquired in the make, model,
     and type--
       (A) using competitive procedures;
       (B) under the authority of other statutory authority
     permitting noncompetitive or limited competition procurement
     actions (such as section 8(a) of the Small Business Act (15
     U.S.C. 637(a)), section 31 of such Act (15 U.S.C. 657a,
     relating to the HUBZone program), and section 36 of such Act
     (15 U.S.C. 657f, relating to procurement program for small
     business concerns owned and controlled by service-disabled
     veterans)); or
       (C) as a result of a competition among a limited number of
     sources on the basis that the disclosure of the need for the
     item would compromise national security; and
       (3) the acquisition of the item by means other than a
     follow-on contract with the contractor would unduly delay the
     fielding of such item to forces preparing for or
     participating in overseas contingency operations or for other
     deployments undertaken in response to a request from a
     combatant commander.
       (b) Limitations.--A contract awarded using the authority in
     subsection (a)--
       (1) may have a period of performance of not longer than one
     year;
       (2) may be used only to acquire one or more items having an
     individual unit price under $100,000; and
       (3) may have a total value not exceeding $25,000,000.
       (c) Notification.--Not later than 45 days after the use of
     the authority in subsection (a), the commander of the special
     operations command shall submit to the congressional defense
     committees a notification of the use of such authority.
       (d) Termination of Authority.--The commander of the special
     operations command may not use the authority in subsection
     (a) on and after October 1, 2013.

           Amendment No. 16 Offered by Mr. Bishop of Georgia

  The text of the amendment is as follows:

       At the end subtitle B of title XXVIII, add the following
     new section:

     SEC. 2821. AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO LOCAL
                   COMMUNITIES FOR DEVELOPMENT OF PUBLIC
                   INFRASTRUCTURE DIRECTLY SUPPORTING EXPANSION OF
                   MILITARY INSTALLATIONS.

       Paragraph (3) of section 2391(d) of title 10, United States
     Code, is amended to read as follows:
       ``(3) The terms `community adjustment' and `economic
     diversification' may include--
       ``(A) the development of feasibility studies and business
     plans for market diversification within a community adversely
     affected by an action described in subparagraph (A), (B),
     (C), or (E) of subsection (b)(1) by adversely affected
     businesses and labor organizations located in the community;
     and
       ``(B) the development of public infrastructure that
     directly supports the expansion activities described in
     subparagraph (A) of subsection (b)(1).''.

               Amendment No. 17 Offered by Mr. Blumenauer

  The text of the amendment is as follows:

       At the end of subtitle B of title III (page 94, after line
     2), insert the following new section:

     SEC. 316. PROCUREMENT AND USE OF MUNITIONS.

       The Secretary of Defense shall--
       (1) in making decisions with respect to the procurement of
     munitions, develop methods to account for the full life-cycle
     costs of munitions, including the effects of failure rates on
     the cost of disposal;
       (2) undertake a review of live-fire practices for the
     purpose of reducing unexploded ordnance and munitions-
     constituent contamination without impeding military
     readiness; and
       (3) not later than 180 days after the date of the enactment
     of this Act, and annually thereafter, submit to Congress a
     report on the methods developed pursuant to this section and
     the progress of the live-fire review and recommendations for
     reducing the life-cycle costs of munitions, unexploded
     ordnance, and munitions-constituent contamination.

      Amendment No. 18 Offered by Ms. Ginny Brown-Waite of Florida

  The text of the amendment is as follows:

       At the end of subtitle G of title V (page 158, after line
     9), add the following new section:

     SEC. 575. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.

       (a) Authority To Award.--The Secretary of the Army may
     award the Army Combat Action Badge (established by order of
     the Secretary of the Army through Headquarters, Department of
     the Army Letter 600-05-1, dated June 3, 2005) to a person
     who, while a member of the Army, participated in

[[Page H7345]]

     combat during which the person personally engaged, or was
     personally engaged by, the enemy at any time during the
     period beginning on December 7, 1941, and ending on September
     18, 2001 (the date of the otherwise applicable limitation on
     retroactivity for the award of such decoration), if the
     Secretary determines that the person has not been previously
     recognized in an appropriate manner for such participation.
       (b) Procurement of Badge.--The Secretary of the Army may
     make arrangements with suppliers of the Army Combat Action
     Badge so that eligible recipients of the Army Combat Action
     Badge pursuant to subsection (a) may procure the badge
     directly from suppliers, thereby eliminating or at least
     substantially reducing administrative costs for the Army to
     carry out this section.

                 Amendment No. 19 Offered by Mr. Cohen

  The text of the amendment is as follows:

       At the end of subtitle F of title V (page 155, after line
     4), add the following new section:

     SEC. 563. REPORT ON EXPANSION OF AUTHORITY OF A MEMBER TO
                   DESIGNATE PERSONS TO DIRECT DISPOSITION OF THE
                   REMAINS OF A DECEASED MEMBER.

       Not later than 180 days after the date of the enactment of
     this Act, the Secretary of Defense shall submit to Congress a
     report evaluating the potential effects of expanding the list
     of persons under section 1482(c) of title 10, United States
     Code, who may be designated by a member of the Armed Forces
     as the person authorized to direct disposition of the remains
     of the member if the member is deceased.

          Amendment No. 21 Offered by Mr. Connolly of Virginia

  The text of the amendment is as follows:

       Page 163, line 11, strike ``service,'' and insert the
     following: ``service (including a contract to which the
     servicemember is included with family members),''.
       At the end of subtitle I of title V (page 180, after line
     11), add the following new section:

     SEC. 594. MODIFICATION OF SERVICEMEMBERS CIVIL RELIEF ACT
                   REGARDING RESIDENTIAL AND MOTOR VEHICLE LEASES.

       Section 305(e) of the Servicemembers Civil Relief Act (50
     U.S.C. App. 535) is amended to read as follows:
       ``(e) Arrearages and Other Obligations and Liabilities.--
       ``(1) Leases of premises.--Rent amounts for a lease
     described in subsection (b)(1) that are unpaid for the period
     preceding the effective date of the lease termination shall
     be paid on a prorated basis. The lessor may not impose an
     early termination charge, but any taxes, summonses, or other
     obligations and liabilities of the lessee in accordance with
     the terms of the lease, including reasonable charges to the
     lessee for excess wear, that are due and unpaid at the time
     of termination of the lease shall be paid by the lessee.
       ``(2) Leases of motor vehicles.--Lease amounts for a lease
     described in subsection (b)(2) that are unpaid for the period
     preceding the effective date of the lease termination shall
     be paid on a prorated basis. The lessor may not impose an
     early termination charge, but any taxes, summonses, title and
     registration fees, or other obligations and liabilities of
     the lessee in accordance with the terms of the lease,
     including reasonable charges to the lessee for excess wear or
     use and mileage, that are due and unpaid at the time of
     termination of the lease shall be paid by the lessee.''.

                 Amendment No. 22 Offered by Mr. Costa

  The text of the amendment is as follows:

       Page 115, after line 25, insert the following:

     SEC. 356. STUDY ON DISTRIBUTION OF HEMOSTATIC AGENTS.

       (a) Study.--Not later than December 31, 2009, the Secretary
     of Defense shall carry out a study and submit to the
     congressional defense committees a report on the distribution
     of hemostatic agents to members of the Armed Forces serving
     in Iraq and Afghanistan, to ensure each military service is
     complying with that service's policies with respect to
     hemostatic agents, including a description of any
     distribution problems and attempts to resolve such problems.
       (b) Sense of Congress.--It is the sense of Congress that
     all members of the Armed Force deployed in combat zones
     should carry life-saving resources with them, including
     hemostatic agents.

                Amendment No. 26 Offered by Mr. DeFazio

  The text of the amendment is as follows:

       At the end of title VIII, add the following new section:

     SEC. 830. DEFENSE SUBCONTRACTOR PROLIFERATION COST
                   EFFECTIVENESS STUDY AND REPORTS.

       (a) Study.--The Secretary of Defense shall conduct a study
     on the total number of subcontractors used on the last five
     major weapons systems in which acquisition has been completed
     and determine if fewer subcontractors could have been more
     cost effective.
       (b) Management Burden.--In conducting the study, the
     Secretary of Defense shall evaluate any potential cost
     savings derived from less management burden from multiple
     subcontractors on the Federal acquisition workforce.
       (c) Report by Secretary of Defense.--Not later than March
     1, 2010, the Secretary of Defense shall submit to the
     Committee on Armed Services of the House of Representatives
     and the Committee on Armed Services of the Senate a report on
     the results of the study.
       (d) Report by Comptroller General.--Not later than May 1,
     2010, the Comptroller General shall submit to the Committee
     on Armed Services of the House of Representatives and the
     Committee on Armed Services of the Senate a review of the
     Department of Defense report submitted under subsection (c).

                 Amendment No. 29 Offered by Mr. Flake

  The text of the amendment is as follows:

       Page 352, after line 12, insert the following new section
     (and conform the table of contents accordingly):

     SEC. 1039. REPORT ON COMPETITIVE PROCEDURES USED FOR EARMARKS
                   IN DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,
                   2008.

       (a) Report Requirement.--Not later than 60 days after the
     date of the enactment of this Act, the Secretary of Defense
     shall submit to Congress a report on the congressional
     earmarks described in subsection (b).
       (b) Congressional Earmarks Described.--The congressional
     earmarks described in this subsection are the congressional
     earmarks (House) and the congressionally directed spending
     items (Senate) on the list published in compliance with
     clause 9 of rule XXI of the Rules of the House of
     Representatives and rule XLIV of the Standing Rules of the
     Senate and contained on pages 372 to 476 of the Joint
     Explanatory Statement submitted by the Committee of
     Conference for the conference report to accompany H.R. 3222
     of the 110th Congress (Report 110-434).
       (c) Matters Covered by Report.--The report required by
     subsection (a) shall set forth the following with respect to
     each congressional earmark on the list referred to in
     subsection (b):
       (1) The competitive procedures used to procure each
     earmark, including the process used, the tools employed, and
     the decisions reached.
       (2) If competitive procedures were not used to procure an
     earmark, the reasons why competitive procedures were not
     used, including a discussion of the decision making process
     and how the decision to use procedures other than competitive
     procedures was reached.

          Amendment No. 45 Offered by Mr. Smith of New Jersey

  The text of the amendment is as follows:

       At the end of subtitle B of title XXVIII (page 565, after
     line 10), add the following new section:

     SEC. 2821. COMPTROLLER GENERAL REPORT ON NAVY SECURITY
                   MEASURES FOR LAURELWOOD HOUSING COMPLEX, NAVAL
                   WEAPONS STATION, EARLE, NEW JERSEY.

       Not later than 180 days after the date of the enactment of
     this Act, the Comptroller General shall submit to the
     Committees on Armed Services of the Senate and House of
     Representatives a report containing a cost analysis and audit
     of the sufficiency of the Navy's security measures in advance
     of the proposed occupancy by the general public of units of
     the Laurelwood Housing complex on Naval Weapons Station,
     Earle. The report shall include an estimate of costs to be
     incurred by Federal, State, and local government agencies in
     the following areas:
       (1) Security and safety procedures.
       (2) Land/utilities management and services.
       (3) Educational assistance.
       (4) Emergency services.
       (5) Community services.
       (6) Environmental services.

                  Amendment No. 61 Offered by Mr. Kirk

  The text of the amendment is as follows:

         At the end of subtitle B of title VI (page 200, after
     line 14), add the following new section:

     SEC. 619. ADDITIONAL SPECIAL PAYS AND BONUSES AUTHORIZED FOR
                   MEMBERS AGREEING TO SERVE IN AFGHANISTAN FOR
                   THE DURATION OF THE UNITED STATES MISSION.

         (a) Authority to Develop Demonstration Program.--
     Notwithstanding the limitations specified in subsection (b)
     of section 352 of title 37, United States Code, on the
     maximum amount of assignment or special duty pay that may be
     paid to a member of the Armed Forces under such section, the
     Secretary of Defense may develop a program to provide
     additional special pays and bonuses to members (particularly
     members who score a 4.0 on the Foreign Service Institute test
     for the dominant languages of Pashto and Dari) who agree to
     serve on active duty in Afghanistan for six years or the
     duration of the United States mission in Afghanistan,
     whichever occurs first. The assignment period required by the
     agreement shall provide for reasonable periods of leave.
         (b) Relation to Other Authorities.--A program developed
     under subsection (a) may be provided
         (1) without regard to the lack of specific authority for
     the program or policy under title 10 or title 37, United
     States Code; and
         (2) notwithstanding any provision of such titles, or any
     rule or regulation prescribed under such provision, relating
     to methods of--

[[Page H7346]]

         (A) determining requirements for operational assignment
     stability; and
         (B) establishing programs to achieve greater stability
     when operational requirements so dictate.
         (c) Waiver of Otherwise Applicable Laws.--Except as
     provided in subsection (a), a provision of title 10 or title
     37, United States Code, may not be waived with respect to, or
     otherwise determined to be inapplicable to, a program
     developed under subsection (a) without the approval of the
     Secretary of Defense.
         (d) Notice and Wait Requirement.--A program initiated
     under subsection (a) may not be implemented until--
         (1) the Secretary of the Defense submits to Congress--
         (A) a description of the program, including the purpose
     and the expected benefit to the Government;
         (B) a description of the provisions of titles 10, or 37,
     United States Code, from which the program would require a
     waiver, and the rationale to support the waiver;
         (C) a statement of the anticipated outcomes as a result
     of implementing the program; and
         (D) the method to be used to evaluate the effectiveness
     of the program.
         (e) Duration of Developed Program.--A program developed
     under subsection (a) may be provided for not longer than a
     three-year period beginning on the implementation date,
     except that the Secretary of Defense may extend the period if
     the Secretary determines that additional time is needed to
     fully evaluate the effectiveness of the program.
         (f) Reporting Requirements.--
         (1) Report.--The Secretary shall submit to Congress an
     annual report on the program provided under subsection (a)
     during the preceding year, including--
         (A) a description of any programs developed and fielded
     under subsection (a) during that fiscal year; and
         (B) an assessment of the impact of the programs on the
     effectiveness and efficiency in achieving the United States
     mission in Afghanistan.
         (g) Termination of Authority.--Subject to subsection (e),
     the authority to carry out a program under this section
     expires on December 31, 2012.

           Amendment No. 63 Offered by Mr. Bishop of New York

  The text of the amendment is as follows:

       At the end of subtitle B of title III (page 94, after line
     2), add the following new section:

     SEC. 316. PROHIBITION ON DISPOSING OF WASTE IN OPEN-AIR BURN
                   PITS.

       (a) In General.--The Secretary of Defense shall prohibit
     the disposal of covered waste in an open-air burn pit during
     a contingency operation lasting longer than one year.
       (b) Regulations.--Not later than one year after the date of
     the enactment of this Act, the Secretary of Defense shall
     prescribe regulations to carry out this section.
       (c) Report.--Not later than 180 days after the date of the
     enactment of this Act, the Secretary shall submit to Congress
     a report on the use of open-air burn pits in contingency
     operations. The report shall include--
       (1) a description of each type of waste burned in such
     open-air burn pits; and
       (2) a discussion of the feasibility of alternative methods
     of disposing of covered waste, including--
       (A) a plan to use such alternative methods; or
       (B) if the Secretary determines that no such alternative
     method is feasible, a detailed discussion explaining why
     open-air burn pits are the only feasible method of disposing
     of such waste.
       (d) Definitions.--In this section:
       (1) The term ``contingency operation'' has the meaning
     given that term by section 101(a)(13) of title 10, United
     States Code.
       (2) The term ``covered waste'' includes--
       (A) hazardous waste, as defined by section 1004(5) of the
     Solid Waste Disposal Act (42 U.S.C. 6903(5));
       (B) medical waste; and
       (C) solid waste containing plastic.

               Amendment No. 64 Offered by Mr. Blumenauer

  The text of the amendment is as follows:

       At the end of subtitle B of title III (page 94, after line
     2), insert the following new section:

     SEC. 316. MILITARY MUNITIONS RESPONSE SITES.

       (a) Information Sharing.--Section 2710(a)(2)(B) of title
     10, United States Code, is amended by inserting ``, county,''
     after ``identification of the State''.
       (b) Military Munitions Response Program and Installation
     Restoration Program.--The Secretary of Defense shall--
       (1) as part of the Secretary's annual budget submission to
     Congress, include the funding levels requested for Military
     Munitions Response Program and Installation Restoration
     Program; and
       (2) evaluate and report on the progress of such programs in
     the Defense Environmental Program's Annual Report to
     Congress.

  The Acting CHAIR. Pursuant to House Resolution 572, the gentleman
from Missouri (Mr. Skelton) and the gentleman from California (Mr.
McKeon) each will control 10 minutes.
  The Chair recognizes the gentleman from Missouri.
  Mr. SKELTON. Mr. Chairman, I urge the committee to adopt the
amendments en bloc, all of which have been examined by both the
majority and the minority.
  At this time I yield 3 minutes to my friend, the gentleman from
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. I appreciate the gentleman's courtesy as I appreciate
his leadership in an area that has been of concern for me for a long
time, the disappointing and widespread environmental legacy of the
Department of Defense. In every State, communities must deal with
former training grounds contaminated with live bombs, leftover shells,
leaking chemicals.
  I have a map here. Every single State, every territory of the United
States--and it is an ongoing problem. In June, in Florida, fishermen
hauled aboard a live guided missile. On May 22 a farmer plowing his
field overturned a live rocket.
  We need to be more serious about it, and I appreciate the committee's
help, first of all, in focusing with the Department of Defense,
requiring the Secretary to report clearly the funding levels requested
for the program. We have a new administration. We hope there will be a
new commitment to work on this. With additional transparency, we are
much more likely to know at least where we are. It's also time for
military to be proactive and reduce the amount of munitions generated
in the first place.
  I'm pleased that they have agreed to another amendment offered by my
friend Ms. Brown-Waite from Florida to require the Department of
Defense to think strategically about ways to lessen the long-term
health and environmental consequences, specifically, development of
lifecycle accounting for munitions, review of live-fire practicing, and
recommending ways to reduce the costs and incidents of unexploded
ordnance. Smarter procurement and testing will reduce the long-term
impacts of munition, saving money, resources, having safer American
lands and more successful operations abroad.
  Just a few volleys of a standard rocket system with a 5 percent
failure rate generates thousands of unexploded ordnance for training
lands here at home, and it complicates our missions abroad. Consider
the plight of civilian populations in Iraq and Afghanistan, the
millions who will rebuild their lives amidst the munitions wreckage
left over the last 6 years of combat.
  This is a problem at home in the United States. This is a problem
abroad. It is time for us to face up to it. I appreciate the
committee's leadership in helping zero in on it. I hope we can do a
better job because it will save money while it saves lives at home and
abroad.
  I enter into the Record a list of Munitions and Unexploded Ordnance,
UXO, incidents and news for May and June 2009.

       June 11, 2009 in Pachtua, MS, 20 Small Unexploded WWII
     White Phosphorous Bombs Found During Pipeline Work
       June 10, 2009. Long Hill, NJ, World War II vet finds
     ``souvenir'' and alerts bomb squad
       June 9, 2009, Norwood, OH, Deactivated Explosives Found At
     Park
       June 9, 2009. Arden Hills, MN, Cleanup Costs Too Much for
     Potential Developer
       June 9, 2009. Arden Hills, MN, Cleanup Costs Too Much for
     Potential Developer
       June 8, 2009. Madiera Beach, FL, Fishing Boat Hauls Up
     Guided Missile
       June 8, 2009. Camp LeJeune, NC, U.S. Supreme Court Refuses
     to Hear Case About Toxic Water at Camp Lejeune
       June 8, 2009. California, MD, Ordnance Uncovered at
     Landfill
       June 4, 2009. Columbus, OH, Road Closed after Artillery
     Shell Discovered
       June 1, 2009. Turtlecreek Township, OH, Discarded Hand
     Grenade Found
       June 1, 2009. Nantahala National Forest, NC, Ordnance Found
     Near Trail
       May 22, 2009. Woolmarket, MS, Explosion Rocks Woolmarket
     Neighborhood

  Mr. McKEON. Mr. Chairman, I yield at this time 1 minute to the
gentlewoman from Florida (Ms. Ginny Brown-Waite).
  Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I rise in support of
my amendment to the National Defense Authorization funding, which is
included in en bloc 1. I thank Chairman Skelton and also Ranking Member
McKeon for allowing this amendment to be included.
  In 2005 the Department of Army authorized the creation of the Combat
Action Badge to provide special recognition to soldiers who personally
engage the enemy during combat operations. This is a very honorable
distinction. However, the award limits eligibility for this badge to
those soldiers

[[Page H7347]]

that served after September 18, 2001, overlooking the thousands of
veterans who have made similar sacrifices in previous wars.
  My amendment corrects this error by expanding eligibility to include
those soldiers who have served since December 7, 1941. In accordance
with the wishes of those veterans who may be eligible for this badge,
the costs of it would be borne by the individuals, not the military.
Therefore, not only does this award recognize veterans who engage the
enemy in combat, but it does so at no additional cost to the Army.
  The Acting CHAIR. The time of the gentlewoman has expired.
  Mr. McKEON. I yield the gentlewoman an additional 15 seconds.
  Ms. GINNY BROWN-WAITE of Florida. I urge my colleagues to support
this amendment.
  Mr. SKELTON. Mr. Chairman, at this time I yield 1 minute to my
friend, a member of the Armed Services Committee, the gentlewoman from
New Hampshire (Ms. Shea-Porter).
  Ms. SHEA-PORTER. Mr. Chairman, this amendment would ban the use of
open-air burn pits overseas after 12 months. Such a dangerous waste
disposal method should only be used temporarily while a permanent and
safe alternative is developed. The amendment specifically prohibits the
burning of medical and hazardous waste or solid waste containing
plastic in open-air pits. The burning of such wastes produces chemicals
that have proven toxic to humans and represents an unacceptable health
risk.

                              {time}  1130

  The U.S. military has been disposing of hundreds of tons of war zone
waste through burn pits. All who live and work on these bases are
routinely exposed to the smoke from these pits, which includes waste
from medical facilities, dining facilities, maintenance facilities, as
well as trash. To imagine the scale of these burn pits, the one at
Balad Air Base in Iraq has increased from 2 tons per day early on to
several hundred tons per day.
  We simply must protect our troops who have had repeated exposure to
this. We do not wish to see an Agent Orange situation develop here. And
so I ask that we set some limits on the burning of these pits.
  These pits pose a very serious health risk to our troops. Of the
nearly 2 million servicemembers who have deployed, a significant
portion has been exposed to the fumes and smoke from such burn pits. Up
to now, we have continued to dispose of solid wastes this way. But 6
years in Iraq and 8 years in Afghanistan is far longer than anyone can
possibly justify as an emergency measure. I understand that sometimes
they may have to do this for 3 or 6 or even 12 months, but it has been
8 years!
  In the past, we've been to slow to acknowledge the health effects of
Agent Orange and Gulf War Illness. We cannot let that happen to our
servicemembers again. For decades, it was impossible for them to access
the VA medical services they needed and deserved because there was no
recognition of the damage Agent Orange had done. We saw this again,
after the Gulf war. In 2008, a study by the National Academy of
Sciences validated what veterans of the Gulf War already knew--that
Persian Gulf War illness is very real.
  There is a good reason why it is illegal to have open-air burn pits
for disposal of medical and hazardous wastes in our country: they
pollute and degrade the environment, and harm people's health. If we
wanted to burn those chemicals here in America and expose people here,
the EPA would swoop down, and we'd be penalized because you can't do
that. And why can't you do it--because it's dangerous to our health.
  If we support the troops, don't we also support their health? Don't
we have the same concerns about their health when they're supporting
our country and fighting overseas as we do when they live here in our
communities? When they deploy, our servicemembers put their lives at
risk to fight for us, and do not deserve to suffer this added,
unjustifiable risk. Preventable environmental hazards must not result
in ruined health or lost lives.
  This amendment takes a critically important step toward addressing
the health risks that burn pits pose to our troops. It has been
endorsed by the American Legion, DAV, IAVA, MOAA, the National Guard
Association, Veterans and Military Families for Progress, and the VFW.
And I thank my friend, Mr. Bishop, for being a leader on this issue and
standing up for our troops.
  Mr. McKEON. Mr. Chairman, I am happy to yield at this time to Mr.
Turner, the gentleman from Ohio, subcommittee ranking member, 2
minutes.
  Mr. TURNER. Thank you, Ranking Member McKeon. I want to thank our
chairman for his support for an amendment that's in the en bloc.
  Two weeks ago, Jim Marshall and I introduced the NATO First bill.
With the chairman's support, six out of eight of the provisions of that
bill are included in some form of the National Defense Authorization
Act that recognized support for our allies in Europe. As the U.S. and
Russia begin our START negotiations of the previous START Treaty
expiring at the end of 2009, it's important for us to set some
framework.
  This amendment would limit the use of FY 2010 defense funds to
implement reductions for U.S. strategic nuclear forces pursuant to a
treaty with Russia, for example, START, unless the President certifies
that the treaty: one, provides sufficient verification mechanisms; two,
does not limit U.S. ballistic missile defense systems capabilities or
advanced conventional weapons capabilities; and that the National
Nuclear Security Administration is sufficiently funded. The amendment
also requires a report on U.S. and Russian nonstrategic nuclear
weapons.
  I want to thank Roger Zakheim from our staff, who worked diligently
for the drafting of the NATO First bill and also for the accomplishment
of these amendments.
  I want to thank the chairman who has continued to work in a
bipartisan way to accomplish a number of provisions in this bill that
are important to our national security, and I believe this is certainly
one of them.
  Mr. SKELTON. Mr. Chairman, the gentleman from Georgia desires to have
a colloquy at this point, Mr. Kingston.
  Mr. KINGSTON. I thank the gentleman for yielding.
  I rise today in strong support for the community of Hinesville,
Georgia, and Liberty County. I commend the area for their ardent
support of our troops and the Army at Fort Stewart, which has
continuously engaged in the challenging missions in the defense of our
Nation around the globe.
  November 2007, the Army announced that Fort Stewart would receive
another brigade combat team using the findings of the 2005 Base
Realignment and Closure Committee, along with Fort Bliss and Fort
Carson. Since that time, the community installation and Congress have
geared up and invested for that growth. Working with post leadership
and the Pentagon, Congress appropriated funds for military construction
projects such as barracks, buildings, and operation facilities at $154
million for FY 2008 and $352 million for FY09. Clearly the Army has
invested greatly to maintain Fort Stewart's tradition as an award-
winning installation of excellence.
  At the urging of the Army staff and the military leadership on post,
the Hinesville community stepped forward to be sure that the new troops
would have adequate housing and public infrastructure. The Department
of Defense also sent the Office of Economic Adjustment to assist the
community to properly prepare for the arrival of the new brigade combat
team. Investments were made for new schools, roads, infrastructure.
  Banks made many loans to property developers who, in turn, purchased
land and accelerated their efforts to provide homes and commercial
properties to support the arrival of over 10,000 soldiers and family.
However, the decision announced by the Army this June has brought all
this economic activity to a halt. While some of this infrastructure
will be used or absorbed in time, it is clear that without the arrival
of the brigade combat team, the city has overbuilt and overinvested.
  The economic hardship would not have occurred without the BRAC-based
decision to bring additional troops and the Army's insistence that
Hinesville get aggressively involved. The community support in Fort
Stewart still has much to offer for the Army.
  I stand here in support of the provisions within this bill that will
help address the hardship incurred by the small rural communities that
support Fort Stewart.
  Mr. SKELTON. Mr. Chairman, I am pleased to respond to the gentleman
from Georgia. He has a long record of support and advocacy for Fort
Stewart and our Nation's Armed Forces, and I

[[Page H7348]]

am pleased to inform that gentleman that language has been included in
this bill to direct the Secretary of Defense to carefully consider the
economic impact of this policy change on local communities and to
provide to the Congress information about the Department's efforts to
mitigate the negative effects. This includes a report on any new
enduring missions planned for the bases affected, including a summary
of the Department's plans to lessen the economic hardship or investment
loss.
  I would be happy to work with the gentleman and the Secretary of
Defense, of course, to consider how to address the negative impact of
recent basing decisions on the local communities that so strongly
support our troops.
  Mr. KINGSTON. I thank the gentleman for his kind words of support for
the patriotic and hardworking people in the communities surrounding
Fort Stewart, and I appreciate the chairman's support to work with me
through this year's National Defense Authorization Act to ensure that
the Army and the local communities can continue to have strong
partnerships in the support of the troops.
  The Acting CHAIR. The Chair will note that the gentleman from
California has 7\3/4\ minutes remaining, and the gentleman from
Missouri has 3 minutes remaining.
  Mr. McKEON. Mr. Chairman, at this time, I yield 2 minutes to the
gentleman from Illinois (Mr. Kirk).
  Mr. KIRK. I thank our ranking member, Mr. McKeon, and especially our
chairman, Ike Skelton, for approving one of the amendments in the en
bloc.
  In December, I became the first Member of this House to serve in an
imminent danger area in Afghanistan in uniform. During my time, I
learned that most NATO soldiers with our command only deployed for 6
months and Americans deployed for 12. Only State and USAID personnel
served for years in Afghanistan.
  Major General Flynn, our former J-2 of the Joint Chiefs of Staff, now
head of all intelligence for the African command under General
McChrystal, convinced me that we need a core of experts in uniform who
can deliver on years of commitment to the Afghan deployment, who can
build especially an expertise in the Afghan languages of Dari and
Pashtu. This amendment, the Larsen-Kirk amendment, allows a for-the-
duration incentive for members of the military wishing to make a
deployment to Afghanistan.
  It's for-the-duration deployments that helped us win World War II.
DOD and senior commanders feel that this language that will build a
dedicated long-term Afghan core of enlisted officers will quickly
become the leaders of our Afghan NATO effort.
  Based on our bipartisan bill that Congressman Larsen and I
introduced, our bill would lay out a $250,000 payment for a soldier
willing to make a for-the-duration commitment and another $250,000 for
a 4.0 or better score in Pashtu or Dari. In my discussions with the
troops currently in the field in Kandahar, they are pumped up about the
opportunity that this commitment would be.
  I feel that only a small number of soldiers would sign up, but each
one of them, if strategically placed in key Afghan provinces, would
become vital assets to our effort and the success of President Obama's
campaign in Afghanistan. And I really applaud the chairman and the
ranking minority member for putting this in the bill.
  Mr. ANDREWS. I am pleased to yield 1 minute to my friend and
colleague, the gentleman from New York (Mr. Bishop).
  Mr. BISHOP of New York. I thank the chairman for yielding.
  I rise to join my colleague, Representative Carol Shea-Porter, in
urging my colleagues to support our amendment which would ban the use
of open burn pits in war zones.
  Disturbing reports are coming to light every day about the reckless
disposal of hazardous waste in open burn pits in Iraq and Afghanistan
and the devastating toll they are taking on the health of hundreds of
our service men and women. It is encouraging that Secretary Shinseki
and Secretary Gates have responded to our questions and stated they
have taken seriously our concerns about the danger of burn pits, but
this legislation is necessary to see to it that this action takes
place.
  The legislation is endorsed by the American Legion, by the DAV, by
the IAVA, by the National Guard Association, and by the VFW. I urge its
passage.
  Mr. McKEON. Mr. Chairman, I reserve the balance of our time.
  Mr. SKELTON. Mr. Chairman, I yield 1 minute to my friend, a member of
the Armed Services Committee, the gentleman from Virginia (Mr. Nye) for
1 minute.
  Mr. NYE. I would like to thank the chairman for yielding.
  Mr. Speaker, a lot of the legislation that comes through this House
deals with obscure technical points in Federal programs that most
Americans have never and will never hear of.
  However, the amendment that I have introduced, along with my good
friends and colleagues from Virginia, Mr. Gerry Connolly and Mr. Tom
Perriello, is a commonsense solution to a common problem faced by our
military personnel.
  In my district of Hampton Roads, many men and women are regularly
deployed overseas to Iraq and Afghanistan. When a soldier, sailor,
airman, or marine is preparing to leave their home and family to serve
their country in harm's way, the last thing he or she should have to
worry about is paying a cell phone contract termination fee.
  In the last Congress, legislation was passed to allow deployed
servicemembers to exit an individual cell phone contract without paying
a penalty, and this amendment will extend that same protection to
military personnel whose phones are registered through family plans.
  The amendment is supported by the Iraq and Afghanistan Veterans of
America, and I urge all my colleagues to join me in easing the burden
on our men and women in uniform.
  Mr. McKEON. I yield, at this time, 1 minute to the gentleman from
Arizona (Mr. Franks), a member of the committee.
  Mr. FRANKS of Arizona. I thank the distinguished gentleman.
  Mr. Chairman, I want to say that I support the Hastings amendment
because it tries to make sure that groups determined by the Attorney
General to be of violent or extremist nature are not recruited into
military service. But I take some offense that one of the Cabinet-level
officials of our government categorized people who are, quote,
dedicated to a single issue such as opposition to abortion or
immigration as right-wing extremists, and I am concerned that the
amendment might be misunderstood.
  And I would like to hear from the other side that this is not the
intent of the amendment and that we would make sure that someone that
was dedicated to the patriotism and protecting their country, which it
takes a certain amount of extreme dedication to go out and pour one's
blood on a foreign battlefield for the cause of human freedom, and I
want to make sure that those individuals are not considered extremists
under Mr. Hastings' part of the en bloc amendment.
  Would anyone speak to that on the other side?
  The Acting CHAIR. Is the gentleman asking someone to yield?
  Mr. FRANKS of Arizona. Yes, I would yield to the chairman.
  The Acting CHAIR. The gentleman's time has expired, however.
  Mr. SKELTON. I yield to the gentleman.
  Mr. FRANKS of Arizona. I guess I am asking the chairman of the
committee that the Hastings amendment would not include--the definition
of right-wing extremists would not be included in the amendment that's
being offered by the Hastings amendment under the en bloc.
  Mr. SKELTON. We will have to check, just a moment.
  Mr. FRANKS of Arizona. Mr. Chairman, maybe I could just ask for your
assurances that people dedicated to single issues in this country such
as opposition to abortion or immigration would not be considered
extremists and not be disallowed into the military; at least, that
would not be your intent under this amendment.
  Mr. SKELTON. That is correct.
  The Acting CHAIR. The gentleman from Missouri. The gentleman from
Missouri has three-quarters of a minute remaining.
  Mr. SKELTON. I yield the balance of my time to the to the gentleman
from Virginia (Mr. Connolly).

[[Page H7349]]

  Mr. CONNOLLY of Virginia. Thank you, Mr. Chairman.
  Mr. Chairman, I am pleased to introduce this amendment with my fellow
Virginians Mr. Nye and Mr. Perriello. During the 110th Congress, the
Servicemembers Civil Relief Act did address cell phone and property
lease contracts for active-duty deployed. However, they did not
address--they addressed individual cell phone contracts and individual
leases. They did not provide that protection to family cell phone
plans.
  As a result, we have servicemembers who are finding themselves having
to continue to pay obligations to cell phone companies. Under the motor
vehicle section of our amendment, the leasing agent may not charge an
early termination penalty, something also not addressed in SCRA last
year.
  This is a practical amendment that will help our active-duty deployed
and their families make sure that they are safe and secure from this
kind of hounding when they are serving their country overseas.
  The Acting CHAIR. The time of the gentleman has expired.

                              {time}  1145

  Mr. McKEON. Mr. Chairman, I continue to reserve, unless the chairman
needs more time.
  The Acting CHAIR. The majority has no time remaining.
  Mr. McKEON. I yield such time as he may consume to the gentleman from
Missouri.
  Mr. SKELTON. I yield 1 minute to the gentleman from Virginia (Mr.
Perriello).
  Mr. PERRIELLO. Mr. Chairman, I am proud to rise today with my
freshmen colleagues from Virginia, Gerry Connolly and Glenn Nye, for
this commonsense solution.
  When our men and women in uniform are deployed, they should not be
punished; they should be celebrated. This is a commonsense fix to
ensure that there are no termination fees when cutting off a cell phone
contract or an auto leasing deal for our troops when they deploy.
  This is the sort of thing that I think the new class came here to do;
see a problem, find a solution, and bring it to this floor. We are
proud today to do this for all of those who serve, and we request
support for the amendment.
  Mr. BERMAN. Mr. Chair, I rise in opposition to the Turner amendment
to H.R. 2647.
  While I appreciate the fact that the gentleman incorporated a number
of changes suggested by the Chairman of the Armed Services Committee--
which clearly improved the text--and that this debate is about what
kind of a strategic force reduction agreement to have, rather than
whether to have one at all, I remain concerned about the timing of this
amendment.
  It is offered as President Obama is preparing to embark on an
important visit to Moscow, where he and Russian President Medvedev will
hold a summit to discuss a range of critical issues, including the
negotiation of a new agreement on U.S. and Russian strategic nuclear
forces.
  Limiting the scope of a future treaty on the eve of these sensitive
discussions would make it much more difficult for the President to
negotiate an agreement that adequately protects U.S. national security
interests.
  Indeed, imposing these limits would only give Russian negotiators
additional leverage over the United States as these negotiations begin.
  Aside from the fact that this amendment undermines the U.S.
negotiating posture, the Executive Branch would almost surely declare
that this provision infringes on the President's constitutional
authority. So we are providing the Russians with leverage on a
provision that the President is likely to treat as advisory. I simply
don't think this is the right approach.
  In a more general sense, the amendment would also undermine the
President's efforts to improve relations with Russia, and particularly
to increase cooperation with Moscow on preventing Iran from developing
a nuclear weapons capability.
  Mr. Chair, for all of these reasons, I urge my colleagues to oppose
the Turner amendment.
  Mr. COHEN. Mr. Chair, I would like to thank Chairman Skelton, Ranking
Member McKeon, and former Ranking Member McHugh for their tireless work
to put together this year's National Defense Authorization Act.
  My amendment to the NDAA directs the Department of Defense to report
on the potential effects of expanding the current statute regarding
directing disposition of remains of a servicemember who dies in combat.
The DOD is to report back to Congress within 180 days with their
findings.
  I filed this amendment because the current policy under 10 U.S.C.
1482 is too restrictive, limiting the individuals who can be designated
to a spouse, blood relative, or adoptive parent.
  In today's society, many families are not as simple as that.
  Specialist Christopher Fox of Memphis, only 21 years old, was on his
second tour in Iraq and was due to be discharged from the Army in July
of this year.
  However, he died in Iraq on September 29, 2008 of wounds sustained
when he encountered small-arms fire while on patrol.
  Specialist Fox wanted his mother-figure--the woman who was awarded
temporary custody when he was seventeen--to oversee his burial
arrangements.
  Her name was listed on the DD93 form filled out by Specialist Fox to
direct disposition of his remains, as required by the DOD.
  However, due to Federal law, DOD could not allow his written intent
to be carried out.
  I know that Specialist Fox is not alone in wanting someone other than
a spouse or blood relative to oversee their burial arrangements.
  Expansion of the 10 U.S.C. 1482 is supported by the Air Force
Association, AMVETS, the National Guard Association of the United
States, the National Association of Uniformed Services, the United
States Army Warrant Officers Association, and the Vietnam Veterans of
America.
  We need to remember the sacrifices of our servicemembers and do what
we can to honor their memory and their wishes.
  It is with this purpose that I filed this amendment to require the
DOD to study the current statute. I urge my colleagues to support and
pass this amendment.
  Mr. COSTA. Mr. Chair, I rise today asking my colleagues support an
amendment to H.R. 2647, the National Defense Authorization Act for
FY10. This amendment would request the Secretary of Defense to carry
out a study and submit to the congressional defense committees a report
on the distribution of hemostatic agents to ensure each branch of the
military is complying with their own policies on hemostatic agents.
  Since the American Civil War, the percentage of our men and women
that are killed in action has remained unchanged at approximately
twenty percent, despite the numerous advances in battlefield equipment
and treatment. The American Red Cross also estimates that half of all
military deaths on the battlefield are a result of excessive blood
loss. All branches of our Armed Services are using hemostatic agents,
which are either surgical gauze with blood clotting agents or a
granular powder, which have been proven to save the lives of soldiers
and Marines.
  In February 2003, the Committee on Tactical Combat Casualty Care, an
organization made up of over 30 military and civilian doctors,
recommended that all combatants carry hemostatic dressings. Military
Medicine published a report in January 2005 which stated that ``the use
of effective hemostatic dressings will benefit most combat injuries
(whether they are life threatening or not) because better hemorrhage
control is always advantageous.''
  It is clear that the men and women who are risking their lives in
combat zones should have access to any and all life saving items,
including hemostatic agents. Also, these combat zones can be extremely
hostile and the terrain can be extreme, resulting in delays in
evacuating injured soldiers or Marines. We need to ensure that not only
field medical staff is supplied with these life saving items, but
ensure that each solider and Marine has one in their individual first
aid kit as well.
  This amendment also includes a Sense of Congress that every member of
the Armed Services deployed in a combat zone should carry a hemostatic
agent and asks the Department of Defense to submit a report back to
Congress on how these agents are distributued and where distribution
problems may occur.
  I want to thank Chairman Skelton and Ranking Member McKeon for
accepting this amendment. Also, I want to thank both of them and their
staff for their hard work on this authorization.
  Mr. SMITH of New Jersey. Mr. Chair, today I am offering an amendment
to the fiscal year 2010 National Defense Authorization Act that will
ensure that the Department of Defense has done their due diligence and
that my constituents have access to information needed regarding a DOD
proposal that will significantly impact our local community.
  By way of background, over 20 years ago, the Navy entered into a
Section 801 Housing agreement to build 300 units on Naval Weapons
Station Earle. Because of changed home porting plans initiated in the
1990's, there are simply no sailors or dependents to live there. When
Colts Neck was put into my district in 2003, the units were already 75
percent unoccupied.
  Naval Weapons Station Earle's mostly vacant 300 units of housing at
Laurelwood has long been--and is today--unnecessary, obsolete and a
financial burden to the Navy. Regrettably, the Navy is still in a bind
and has

[[Page H7350]]

made one bad decision after another in an attempt to recoups losses
they failed to properly anticipate in 1988.
  Despite the fact that there are next to no tenants at Laurelwood, the
contract stipulates mandatory federal payment to the developer--
estimated to be $3.5 million a year--regardless of occupancy.
  At issue today are the deeply troubling consequences imposed by an
egregiously flawed contract. The so-called out-lease period which
becomes effective in 2010 and ends in 2040 makes all 300 housing units
available to virtually anyone with rent money, with a guarantee of
unimpeded access inside one of the most sensitive munitions depots in
the country.
  The Navy's EIS and the ROD should have been comprehensive reviews of
all relevant challenges, dangers, and costs associated with the
proposed matriculation of Laurelwood to civilian use. They were not.
  Both documents fell short in addressing the myriad of valid concerns
raised by the community including security, education and
transportation, to name just a few. The Navy initiated its review
process of Laurelwood as far back as 2002 so the questions left
unanswered by their ``analysis'' are numerous and troubling.
  On education, for example, their study offers us no assurances
whatsoever of anything close to fairness and equity. Under the Navy
plan, local communities are left to educate hundreds of non-military
children for whom the towns can not adequately plan without proper
numbers. The Navy's assumption that a third of these children would be
educated in public schools is unsupported and masks the real problems
that these schools will face when the influx of between 300 and 600 new
students happens. My amendment is necessary to ensure that the school
boards have all relevant information and can plan and budget
accordingly.
  The Navy has been extraordinarily myopic on the paramount issue of
security and both the EIS and the ROD are devoid of any meaningful
analysis of the true costs to the Navy and surrounding jurisdictions if
Laurelwood rents to civilians who are then able to drive onto and
through the base.
  We cannot hermetically seal our military bases but, in my view, the
Navy's proposal unwittingly does the reverse: it creates
vulnerabilities where they do not exist today. It compromises national
security and unnecessarily puts the people on and around Earle in
potential danger.
  Shortly after federal prosecutors revealed that a group of young men
were planning to infiltrate Fort Dix, which is also located in my
Congressional District, and kill as many servicemembers as possible,
Congress recognized the vulnerability of our military bases and took
steps to ensure that those who are seeking access to our bases are
thoroughly checked and accounted for.
  However, the Navy now plans to remove these restrictions and allow
any member of the public to drive onto and through the largest
munitions depot on the East Coast.
  Incredibly, the Navy believes that ``impacts to security from the
proposed action are not anticipated.'' In my opinion--which is
supported by a Department of Defense Inspector General (IG) report I
requested earlier this year--the Navy is not providing adequate
security at the base now. I requested this report after a security
guard at the base raised concerns regarding the performance of the
security contractors at Earle (D-2009-045). The IG produced troubling
findings. They stated that the Navy did not know whether all contractor
security guards had completed a background check or that they had
completed all training required by the contract.
  The Navy's security plan places undue faith in a fence as a means to
deterring or mitigating access and appears to rely simply on adjusting
already inadequate patrols currently performed by private security
guards at no perceived increase in cost.
  The Navy believes that ``additional security personnel will likely be
required to patrol the additional perimeter fencing,'' but gives no
clue whatsoever as to how many and at what cost. Again, this
information--which GAO will provide in accordance to my amendment--is
needed if a prudent decision is to be reached.
  It is worth noting that two of the other installations that are
approaching the outlease deadline share similar security concerns. Port
Hueneme's security officials believe that ``allowing the general public
to live in the units would, at a minimum, indirectly affect the mission
of the base'' and require ``additional police officers and patrols, and
an increased security budget.'' Ft. Hood recently required that the
renters of their Section 801 Housing units must undergo a background
check as a condition of residency--although given the demand for this
housing by military personnel, no background checks have been conducted
or are expected.
  In my view, the 1988 contract itself--written long before the bitter
lessons of the USS Cole, the Khobar Tower bombings, the destruction of
our embassies in Nairobi and Dar es Salaam, and 9/11--fails to
anticipate and its authors could not have adequately understood as we
do today the dangers inherent in proximity, enhanced 24/7 surveillance
of potential targets, and the proliferation of sleeper terror cells.
  The 9/11 Commission Report is replete with instances of dangers
unrecognized, unacknowledged, and unanticipated that led to the worst
terrorist attack on US soil ever.
  I strongly believe that the Navy is in the process of compounding its
initial 1988 contracting mistake with a far more serious one that is
fraught with significant danger for Navy personnel and the people
residing in adjacent communities.
  Until now, the security of my constituents and the costs that they
will bear when this proposal is implemented has been deferred to the
interest that has a conflict of interest: the Navy.
  My amendment would change that. It will ensure a thorough and
comprehensive study of all relevant factors. It will allow our local
community to adequately plan and budget for the impacts of the
decision--which they overwhelmingly oppose--and I urge its adoption.
  Mr. McKEON. Mr. Chairman, if the gentleman from Missouri requires no
further time, I yield back the balance of my time.
  Mr. SKELTON. Mr. Chairman, since we have no additional requests, I
yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the
gentleman from Missouri (Mr. Skelton).
  The amendment was agreed to.


          Amendment No. 2, as Modified, Offered by Mr. Mc Keon

  The Acting CHAIR. It is now in order to consider Amendment No. 2, as
modified, printed in House Report 111-182.
  Mr. McKEON. Mr. Chairman, it is my pleasure to introduce this
amendment.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2, as modified, offered by Mr. McKeon:
       At the end of subtitle E of title X (page 374, after line
     2), insert the following new section:

     SEC. 1055. SENSE OF CONGRESS HONORING THE HONORABLE JOHN M.
                   MCHUGH.

       (a) Findings.--Congress makes the following findings:
       (1) In 1993, Representative John M. McHugh was elected to
     represent New York's 23rd Congressional district, which is
     located in northern New York and consists of Clinton,
     Hamilton, Lewis, Oswego, Madison, and Saint Lawrence counties
     and parts of Essex, Franklin, Fulton, and Oneida counties.
       (2) Representative McHugh also represents Fort Drum, home
     of the 10th Mountain Division.
       (3) Prior to his service in Congress, Representative McHugh
     served four terms in the New York State Senate, representing
     the 48th district from 1984 to 1992.
       (4) Representative McHugh began his public service career
     in 1971 in his hometown of Watertown, New York, where he
     served for five years as a Confidential Assistant to the City
     Manager.
       (5) Subsequently, Representative McHugh served for nine
     years as Chief of Research and Liaison with local governments
     for New York State Senator H. Douglas Barclay.
       (6) Representative McHugh is known by his colleagues as a
     leader on national defense and security issues and a tireless
     advocate for America's military personnel and their families.
       (7) During his tenure, he has led the effort to increase
     Army and Marine Corps end-strength levels, increase military
     personnel pay, reduce the unfair tax on veterans' disability
     and military retired pay (concurrent receipt) and safeguard
     military retiree benefits for our troops.
       (8) Since the 103rd Congress, Representative McHugh has
     served on the Armed Services Committee of the House of
     Representatives and subsequently was appointed Chairman of
     the Morale, Welfare, and Recreation Panel before being
     appointed Chairman of the Military Personnel Subcommittee.
       (9) Representative McHugh began serving on the Unites
     States Military Academy Board of Visitors in 1995, and he was
     appointed to the Board of Visitors by the Speaker of the
     House in 2007.
       (10) In the 111th Congress, Representative McHugh was
     appointed Ranking Member of the Armed Services Committee of
     the House of Representatives by the Republican membership of
     the House of Representatives.
       (11) On June 2, 2009, the President announced his intention
     to nominate Representative McHugh to serve as the Secretary
     of the Army.
       (b) Sense of Congress.--It is the sense of Congress that
     the Honorable John M. McHugh, Representative from New York,
     has served the House of Representatives and the American
     people selflessly and with distinction and that he deserves
     the sincere and humble gratitude of Congress and the Nation.


[[Page H7351]]


  The Acting CHAIR. Pursuant to House Resolution 572, the gentleman
from California (Mr. McKeon) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from California.
  Mr. McKEON. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, it is my pleasure to introduce this amendment that
honors a good friend of mine, a good friend of the House of
Representatives, a good friend of our Armed Forces and the American
people, Congressman John McHugh.
  Mr. Chairman, Representative McHugh has represented New York's 23rd
Congressional District in the House of Representatives since 1993--we
came here together--and he has done so with honor and integrity.
Representative McHugh's district includes Fort Drum, the home of the
outstanding 10th Mountain Division, for which he has been a tireless
advocate. He is honored and respected by all members of the 10th
Mountain Division, past and present.
  Prior to his service in the House of Representatives, he served for
many years in local, State and Federal government. Since coming to the
House of Representatives, he has been a champion for the members of the
Armed Forces. He is known by his colleagues as a leader on national
defense and security issues and a relentless advocate for America's
military personnel and their families.
  While in the House, he has led the effort to increase Army and Marine
Corps end-strength levels, increase military personnel pay, reduce the
unfair tax on veterans' disability and military retiree pay, or
concurrent receipt, and safeguard military retiree benefits for our
troops.
  Mr. Chairman, this work is always important, but it has never been
more important than now, while our troops are in combat. Representative
McHugh has done outstanding work to support our men and women in
uniform and their families.
  Representative McHugh has served on the House Armed Services
Committee since the 103rd Congress. He was appointed as the chairman of
the Morale, Welfare and Recreation panel and then as the chairman of
the Military Personnel Subcommittee. His leadership of these two
subcommittees has advanced the support and recognition of the needs of
the members of our armed services and their families to a greater level
than ever before.
  More recently, during the 111th Congress Representative McHugh was
appointed ranking member of the House Armed Services Committee. During
his time as ranking member, he continued his tireless work to ensure
the success of our Armed Forces, our national defense and our security.
  Mr. Chairman, earlier this month President Obama announced his
intention to nominate Representative McHugh to serve as the Secretary
of the Army. I can say with confidence that our loss will definitely be
the Army's gain. I am absolutely certain that Representative McHugh
will serve the Army with the same commitment and dedication that he has
provided to our men and women in uniform while he has been on this side
of the river.
  I want to thank him for his leadership on this committee. His passion
for and dedication to the members of our Armed Forces will be sorely
missed by this body. He is a great friend that we will miss working
with here on the Hill, but I am sure we will have future opportunities
to work with him in his new capacity.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I rise in strong support of this
amendment, a sense of Congress honoring Congressman John McHugh.
  The Acting CHAIR. Without objection, the gentleman from Missouri is
recognized for 5 minutes.
  There was no objection.
  Mr. SKELTON. John McHugh is an outstanding American, an outstanding
Member of Congress, the former ranking member of the House Armed
Services Committee. He has served the people of America in this
capacity selflessly and with distinction, and it is our opportunity now
to express gratitude as a Congress and as a nation for his efforts.
  He has represented New York's 23rd Congressional District since 1993.
His district includes northern New York, including Fort Drum. He has
been a public servant now for some 40 years, having served in the
local, the State and Federal levels of our government. He is a highly
respected leader on national defense and has been a staunch advocate
for America's military personnel and their families.
  As chairman and subsequently ranking member of the Subcommittee on
Military Personnel on our Armed Services Committee, John McHugh has
shared my desire to increase the end-strength for the Army and the
Marines, enhance military pay, and began efforts to eliminate
concurrent receipt to allow the payment of both veterans disability and
military retired pay.
  Given his background and his experience, the President nominated John
McHugh to serve as Secretary of the Army on June 2nd of this year. It
is a tribute to his accomplishments in national defense on behalf of
the servicemen and women and their families.
  It is a pleasure to honor him in this manner. It is a pleasure to
have served with him. We will, of course, miss him, his brightness, his
humor and his quick wit, and his dedication to our Armed Forces. We
wish him the very best as he serves as the Secretary of the Army.
  I can only say this, Mr. Chairman, that the Army will be in good
hands with John McHugh. We thank him for his service here and look
forward to working with him in his new capacity.
  I yield back the balance of my time.
  Mr. McKEON. Mr. Chairman, I would like to just embarrass our friend a
little bit. Maybe we could ask him to stand where we could all see him.
  This sounds like a funeral service. This is not a funeral service, it
is not a memorial service. We just want to thank you, John, for your
work. He is a young man and will be doing a lot more in the service of
his country and his State I am sure in the future.
  With that, I yield back the balance of my time.
  The Acting CHAIR (Mr. Holden). The question is on the amendment, as
modified, offered by the gentleman from California, as modified.
  The amendment, as modified, was agreed to.


            Amendment No. 9 Offered by Mr. Franks of Arizona

  The Acting CHAIR. It is now in order to consider Amendment No. 9
printed in House Report 111-182.
  Mr. FRANKS of Arizona. Mr. Chairman, I offer amendment No. 9.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mr. Franks of Arizona:
       Page 57, line 18, strike section 224 and insert the
     following new section 224:

     SEC. 224. POLICY ON BALLISTIC MISSILE DEFENSE SYSTEM TO
                   PROTECT THE UNITED STATES HOMELAND, ALLIES, AND
                   FORWARD DEPLOYED FORCES.

       (a) Findings.--Congress makes the following findings:
       (1) North Korea's nuclear program and its long, medium, and
     short-range ballistic missiles represent a near-term and
     increasing threat to the United States, our forward-deployed
     troops and allies.
       (2) North Korea, in violation of United Nations Security
     Council Resolutions 1695 and 1718, launched a Taepodong-2
     rocket on April 5, 2009, demonstrated a multi-stage, long-
     range ballistic missile. This flight demonstrated a more
     complete performance than Pyongyang's July 2006 Taepodong-2
     launch.
       (3) According to reports, the Taepodong-2 long-range
     ballistic missile could currently threaten the west coast of
     the United States and, according to estimates by the United
     States intelligence community, when fully developed could
     threaten the entire continental United States.
       (4) North Korea has deployed the Musudan intermediate range
     ballistic missile which can threaten Okinawa and Guam, 200
     Nodong missiles which can reach Japan, and 600 Scud missiles
     which threaten South Korea.
       (5) North Korea is a missile proliferator and has shared
     ballistic missile technology with other weapons proliferating
     nations such as Iran. It also aided Syria with its nuclear
     program.
       (6) North Korea walked away from the Six-Party talks and
     ordered United States and International Atomic Energy Agency
     inspectors out of the country in April 2009.
       (7) On April 29, 2009, Pyongyang threatened to conduct a
     nuclear test and launch an intercontinental ballistic missile
     unless the United Nations Security Council apologize and
     withdraw all resolutions.
       (8) Following through on its provocative threat, North
     Korea conducted a nuclear test on May 25, 2009 in violation
     of United Nations Security Council Resolution 1718.

[[Page H7352]]

       (9) North Korea test-fired six shorter-range missiles off
     the country's east coast following its nuclear test on May
     25, 2009.
       (10) On May 25, 2009, President Obama stated, ``North
     Korea's nuclear ballistic missile programs pose a great
     threat to the peace and security of the world and I strongly
     condemn their reckless action. . . The record is clear: North
     Korea has previously committed to abandoning its nuclear
     program. Instead of following through on that commitment it
     has chosen to ignore that commitment. These actions have also
     flown in the face of United Nations resolutions.''
       (11) North Korea's nuclear test and missile launches
     demonstrate present international diplomatic efforts are not
     sufficient to deter North Korea from developing, deploying,
     and launching missiles or developing nuclear technology.
     There has been no progress toward engagement or complete and
     verifiable denuclearization of the Korean Peninsula.
       (12) The pace and scope of North Korea's actions
     demonstrate that it is intent on achieving a viable nuclear
     weapons capability, long-range intercontinental ballistic
     missile delivery capability, and recognition as a nuclear
     weapons state.
       (13) In response to the unanimous passage of United Nations
     Security Council Resolution 1874 on June 12, 2009, North
     Korea responded that it would not abandon its nuclear
     programs and vowed to start enriching uranium and weaponize
     all its plutonium.
       (14) Media reports indicate North Korea is warning of a
     nuclear war. In addition, it may be preparing for launch an
     intercontinental ballistic missile with the range to reach
     the United States. Further reports, citing U.S. defense
     officials, indicate U.S. satellite photos show long-range
     ballistic missile activity at two launch sites in North
     Korea.
       (15) On February 3, 2009, the Government of Iran
     successfully launched its first satellite into orbit--an act
     in direct violation of United Nations Security Council
     Resolution 1737.
       (16) General Maples, Director of the Defense Intelligence
     Agency, recently said, ``Iran's February 3, 2009, launch of
     the Safir space launch vehicle shows progress in mastering
     technology needed to produce ICBMs.''
       (17) On April 5, 2009, President Barack Obama said, ``So
     let me be clear: Iran's nuclear and ballistic missile
     activity poses a real threat, not just to the United States,
     but to Iran's neighbors and our allies.''
       (18) On May 19, 2009, the Government of Iran test-fired a
     new two-stage, medium-range, solid fuel, surface-to-surface
     missile, which can reach Europe, Israel, and United States
     forces deployed in the Persian Gulf Region.
       (19) According to the April 2009 Defense Intelligence
     Agency report, ``Foreign Ballistic Missile Capabilities'',
     ``[t]he threat posed by ballistic missile delivery systems is
     likely to continue increasing while growing more complex over
     the next decade. Current trends indicate that adversary
     ballistic missile system, with advanced liquid- or solid-
     propellant propulsion systems, are becoming more flexible,
     mobile, survivable, reliable and accurate while also
     presenting longer ranges.''
       (20) According to the April 2009 Defense Intelligence
     Agency report, ``Foreign Ballistic Missile Capabilities'',
     ``Prelaunch survivability is also likely to increase as
     potential adversaries strengthen their denial and deception
     measures and increasingly base their missiles on mobile sea-
     and land-based platforms. Adversary nations are increasingly
     adopting technical and operational countermeasures to defeat
     missiles defenses. For example, China, Iran and North Korea
     exercise near simultaneous salvo firings from multiple
     locations to defeat these defenses.''
       (21) General Kevin Chilton, Commander of the United States
     Strategic Command testified on March 19, 2009, ``I think the
     approach for missile defense has been a layered defense, as
     you've described, that looks at opportunities to engage in
     the boost phase, in the mid-course, and then terminal.''
       (22) General B.B. Bell, Commander, U.S. Forces-Korea
     testified in July 2007, ``Here in Korea, we have but minutes
     to detect, acquire, engage and destroy inbound theater
     ballistic missiles in the SCUD and No-Dong class. We estimate
     that north Korea has around eight hundred of these missiles
     in their operational territory. Today, they are capable of
     carrying conventional and chemical munitions. Intercepting
     these missiles during their boost phase while over north
     Korean territory would be a huge combat multiplier for me.
     Therefore, I enthusiastically support the pursuit of the
     unique combat capability provided by the ABL in attacking
     missiles in their boost phase.''
       (b) Policy.--It shall be the policy of the United States to
     continue development and fielding of a comprehensive, layered
     missile defense system to protect the homeland of the United
     States, our forward-deployed forces, and allies against the
     near-term and increasing short, medium, and long-range
     ballistic missile threats posed by rogue nations such as
     North Korea. These missile defenses shall consist of national
     and theater missile defenses, but neither should come at the
     expense of the other. It shall also be the policy of the
     United States to continue developing systems designed to
     intercept missiles in the boost phase of flight in order to
     defend against developing sophisticated threats.
       (c) Elements in Discharge of the Policy.--The discharge of
     the policy stated in subsection (b) shall include the
     following:
       (1) Continued testing, fielding, sustainment, and
     modernization of the ground-based midcourse defense system,
     specifically--
       (A) not less than 44 ground-based interceptors at Fort
     Greely, Alaska and Vandenberg Air Force Base, California;
       (B) completion of missile field number two at Fort Greely,
     Alaska;
       (C) aging and surveillance;
       (D) capability enhancement;
       (E) modernization and obsolescence;
       (F) operationally realistic testing; and
       (G) viable production capability.
       (2) Continued development and testing of the Airborne Laser
     Program
       (3) Continued technology maturation and demonstration of
     the technologies associated with the Kinetic Energy
     Interceptor
       (4) Continue technology maturation and demonstration of the
     technologies associated with the Multiple Kill Vehicle
       (5) Continued support for on-orbit experimentation of the
     Space Tracking and Surveillance System demonstration
     satellites, and concept development and technology maturation
     for a follow-on capability.
       At the end of subtitle C of title II (page 67, after line
     5), insert the following new section:

     SEC. 227. AVAILABILITY OF FUNDS FOR MISSILE DEFENSE.

       (a) Funding.--The amount otherwise provided by section
     201(4) for research, development, test, and evaluation,
     Defense-wide, is hereby increased by $1,200,000,000, for the
     Missile Defense Agency, of which--
       (1) $600,000,000 is to be available for the ground-based
     midcourse defense system;
       (2) $237,000,000 is to be available to the Airborne Laser
     Program;
       (3) $177,100,000 is to be available to the Multiple Kill
     Vehicle;
       (4) $165,900,000 is to be available for the Kinetic Energy
     Interceptor; and
       (5) $20,000,000 is to be available for the Space Tracking
     and Surveillance System.
       (b) Offsetting Reduction.--The amount otherwise provided by
     section 3102 for defense environmental cleanup is hereby
     reduced by $1,200,000,000, to be derived from sites that are
     projected to meet regulatory milestones ahead of schedule or
     are at greatest risk of being unable to execute Public Law
     111-5 and fiscal year 2010 funding as planned in fiscal year
     2010.

  The Acting CHAIR. Pursuant to House Resolution 572 and the order of
the House of today, the gentleman from Arizona (Mr. Franks) and a
Member opposed each will control 10 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FRANKS of Arizona. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, nuclear weapons, especially those connected to
intercontinental ballistic missiles, represent the greatest danger, the
greatest weapon ever devised, threatening the human family. The enemies
of the United States are defiantly developing delivery systems for
those devastating weapons.
  Mr. Chairman, to be clear, ballistic missile threats are increasing
in the world, and while that threat is increasing, our budget in
Congress to effect missile defense is decreasing. My amendment would
restore the $1.2 billion that was cut from last year's appropriated
amount.
  The administration and those who support these cuts have created a
false choice between theater defense and homeland defense. If this
Congress can find $787 billion for a so-called stimulus economic
package, then we have no excuse but to also fund both theater defense
and the national defense of the American people.
  Mr. Chairman, North Korea has recently conducted a nuclear test and
missile launches, and President Obama has called Iran's nuclear and
ballistic missile activity ``a real threat.'' Despite the threat
increase, this bill slashes by 35 percent the only system that we have
that is tested and proven to protect the homeland against ICBMs, our
Ground-based Midcourse Defense system. My amendment would restore these
cuts.
  Mr. Chairman, North Korea is right now planning a ballistic missile
launch, and yesterday in fact declared it is ready to ``wipe out the
United States.'' We have a chance this moment to restore the funds to
make these systems viable to protect the American people from this
exact threat.
  I urge my colleagues to vote in favor of protecting the American
people and to vote ``yes'' on this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mrs. TAUSCHER. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentlewoman is recognized for 10 minutes.

[[Page H7353]]

  Mrs. TAUSCHER. Mr. Chairman, I stand in significant opposition to
this amendment. The committee's bill provides $9.3 billion for missile
defense, fully funding the administration's request. The budget
supports our efforts to build a robust defense against threats from
rogue nations such as North Korea, and increases funding for proven
missile defense systems like The Aegis BMD and the Terminal High
Altitude Aerial Defense, called THAAD, by $900 million over the budget
level of last year.
  This amendment would result in wasteful, unnecessary spending. As
Secretary Gates told our committee, The security of the American people
and the efficacy of the missile defense system are not enhanced by
continuing to put money into programs that in terms of their
operational concept are fatally flawed or research programs that are
essentially sinkholes for taxpayer dollars.
  With all due respect, Mr. Chairman, I find myself here trying to
rescue the missile defense program from its strongest advocates,
because all they want to do is spend money. We have spent $120 billion
over the last 10 years on missile defense. I am a strong supporter of
missile defense, but unless you have oversight and unless you have an
operationally effective system to protect against the existing threats
and deploy those systems to protect our forward-deployed troops, the
American people and our allies, it is just spending money after money
after money.
  The advocates of missile defense that just want to spend money don't
seem to want to deal with the fact that in this bill we authorize $1
billion to test, sustain and improve the existing system, because what
we found out recently is that the system that is deployed has got some
problems. It has got problems with operation and maintenance because
enough of that money during the previous administration wasn't spent to
make sure that the system was maintained.
  Democrats are strong on missile defense. We want to make sure we have
a proven system, one that is going to not only work but one that is
also going to deter, and the best way to do that is to have a system
that is operationally effective and tested, one that is maintained
properly, and one that is fielded to array against and deter and defeat
the threats.
  I think that on our side, we believe that we have done that, both
during the time of the Bush administration and certainly now in full
support of the President's budget request.
  Mr. Chairman, I am happy to reserve my time.

                              {time}  1200

  Mr. FRANKS of Arizona. Mr. Chairman, I would just respond by
suggesting that to say $1.2 billion in missile defense spending would
be wasteful, in the light of the fact that when three airplanes hit
this country, it cost us $2 trillion in our economy and nearly $100
billion to clean it up, I think that is shortsighted.
  With that, I yield 1 minute to the distinguished ranking member of
the committee, the gentleman from California (Mr. McKeon).
  Mr. McKEON. Mr. Chairman, I thank the gentleman for yielding.
  In the last 2 months, North Korea has followed through on its
provocative threat to conduct a nuclear test and launch missiles. Today
we hear that Pyongyang is vowing to enlarge its nuclear arsenal and has
warned of a ``fire shower of nuclear retaliation.'' These are grave and
serious threats.
  However, at a time when Iran and North Korea have demonstrated the
capability and intent to pursue long-range ballistic missiles and
nuclear weapons programs, the defense bill endorsed reductions to
capabilities that would provide a comprehensive missile defense system
to protect the U.S. homeland, our forward-deployed troops and our
allies.
  This amendment is common sense. It is a sound measure that would
reverse the administration's $1.2 billion cut to missile defense. It
would restore a 35 percent reduction to the Nation's Ground-based
Midcourse Defense system, located in Alaska and California, which is
signed to protect the U.S. homeland. It would restore investments in
vital research and development like the airborne laser program, which
is the cusp of demonstrating breakthrough technologies.
  I urge my colleagues to support this amendment. To do otherwise would
be irresponsible.
  Mr. FRANKS of Arizona. Mr. Chairman, I yield 1 minute to the
distinguished ranking member of the Strategic Forces Subcommittee, Mr.
Turner.
  Mr. TURNER. Mr. Chairman, I rise to speak in favor of the Franks
amendment. I was very disappointed with the administration's decision
to cut $1.2 billion out of missile defense funding below the fiscal
year 2009 funding. Make no mistake, this is a cut. We are going to
spend $1.2 billion less than we spent in 2009.
  We are going to do this while we have increasing threats, not
decreasing threats, to the United States. And make no mistake, the
Department of Defense has not provided one data point. They have not
provided one study. They have not provided any information, no
intelligence that indicates we have a reduced threat, all the while we
know with this reduced threat, there is no justification for a
reduction.
  I am concerned with the top-line missile defense cut, I am deeply
concerned about the specific cuts that include a 35 percent cut to the
Ground-based Midcourse Defense system in Alaska and California, and the
administration decision to decrease the planned number of field
interceptors, which is our response to North Korea's ICBMs, terminate
construction of a missile field in Alaska that is partially complete,
and curtail additional GMD development.
  I support the Franks amendment. While we have an increased threat, we
should not be decreasing our commitment to missile defense.
  Mrs. TAUSCHER. Mr. Chairman, I yield 2 minutes to the gentleman from
New Jersey (Mr. Andrews), a longstanding member of the Strategic Forces
Subcommittee.
  (Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
  Mr. ANDREWS. The issue is not whether the country will have a missile
defense; the issue is whether the country will have an effective
missile defense.
  Ninety-nine percent of the threat comes from regional missiles, so
this budget increases by about 50 percent the amount of money that we
spend on effective regional defense systems.
  But let's talk about what we would do if the Pyongyang threat came
true and a missile was fired from North Korea. Here is the first thing
we would do: We would rely upon the ground-based systems in Alaska. We
put nearly a billion dollars into improving those systems. The
Secretary of Defense has testified that the 30 interceptors in place
are plenty, that they are enough. We improve upon them, and we use that
system.
  Second, we look to a system that we frankly think will work better
because the testing has been more promising and more accurate, the SM-
3, Block 2A interceptors, funding for which is increased by 50 percent
in this bill.
  The issue is not whether we have a missile defense; it is whether we
have one that works. I will requote the Secretary of Defense: ``The
security of the American people and the efficacy of the missile defense
are not enhanced by continuing to put money into programs that in terms
of their operational concept are fatally flawed, or research programs
that are essentially sink holes for taxpayers' dollars.''
  We would not invest in Civil War-era technology that doesn't work to
defend our country. We would invest in the 21st-century technology that
does work, and that is what we are doing.
  We should oppose this amendment.
  The Acting CHAIR. The Committee will rise informally.
  The SPEAKER pro tempore (Mr. Larsen of Washington) assumed the chair.

                          ____________________