[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1390 Public Print (PP)]
<DOC>
July 24, 2009
Ordered to be printed as passed
111th CONGRESS
1st Session
S. 1390
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2010 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
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 seven divisions as
follows:
(1) Division A-Department of Defense Authorizations.
(2) Division B-Military Construction Authorizations.
(3) Division C-Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D-Funding Tables.
(5) Division E-Matthew Shepard Hate Crimes Prevention Act.
(6) Division F-SBIR/STTR Reauthorization.
(7) Division G-Maritime Administration Authorization.
(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. Funding table.
Sec. 106. Elimination of F-22A aircraft procurement funding.
Subtitle B--Navy Programs
Sec. 111. Treatment of Littoral Combat Ship program as a major defense
acquisition program.
Sec. 112. Report on strategic plan for homeporting the Littoral Combat
Ship.
Sec. 113. Procurement programs for future naval surface combatants.
Sec. 114. Report on a service life extension program for Oliver Hazard
Perry class frigates.
Sec. 115. Competitive bidding for procurement of steam turbines for
ships service turbine generators and main
propulsion turbines for Ohio-class
submarine replacement program.
Subtitle C--Air Force Matters
Sec. 121. Limitation on retirement of C-5 aircraft.
Sec. 122. Revised availability of certain funds available for the F-22A
fighter aircraft.
Sec. 123. Report on potential foreign military sales of the F-22A
fighter aircraft.
Sec. 124. Next generation bomber aircraft.
Sec. 125. AC-130 gunships.
Sec. 126. Report on E-8C Joint Surveillance and Target Attack Radar
System re-engining.
Subtitle D--Joint and Multiservice Matters
Sec. 131. Modification of nature of data link utilizable by tactical
unmanned 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 use of funds for an alternative propulsion
system for the F-35 Joint Strike Fighter
program; increase in funding for
procurement of UH-1Y/AH-1Z rotary wing
aircraft and for management reserves for
the F-35 Joint Strike Fighter program.
Sec. 212. Enhancement of duties of Director of Department of Defense
Test Resource Management Center with
respect to the Major Range and Test
Facility Base.
Sec. 213. Guidance on specification of funding requested for operation,
sustainment, modernization, and personnel
of major ranges and test facilities.
Sec. 214. Permanent authority for the Joint Defense Manufacturing
Technology Panel.
Sec. 215. Extension and enhancement of Global Research Watch Program.
Sec. 216. Three-year extension of authority for prizes for advanced
technology achievements.
Sec. 217. Modification of report requirements regarding Defense Science
and Technology Program.
Sec. 218. Programs for ground combat vehicle and self propelled
howitzer capabilities for the Army.
Sec. 219. Assessment of technological maturity and integration risk of
Army modernization programs.
Sec. 220. Assessment of strategy for technology for modernization of
the combat vehicle and tactical wheeled
vehicle fleets.
Sec. 221. Systems engineering and prototyping program.
Subtitle C--Missile Defense Programs
Sec. 241. Sense of Congress on ballistic missile defense.
Sec. 242. Comprehensive plan for test and evaluation of the Ballistic
Missile Defense System.
Sec. 243. Assessment and plan for the Ground-based Midcourse Defense
element of the Ballistic Missile Defense
System.
Sec. 244. Report on potential missile defense cooperation with Russia.
Sec. 245. Continued production of Ground-based Interceptor missile and
operation of Missile Field 1 at Fort
Greely, Alaska.
Sec. 246. Sense of Senate on and reservation of funds for development
and deployment of missile defense systems
in Europe.
Sec. 247. Extension of deadline for study on boost-phase missile
defense.
Subtitle D--Other Matters
Sec. 251. Repeal of requirement for biennial joint warfighting science
and technology plan.
Sec. 252. Modification of reporting requirement for defense
nanotechnology research and development
program.
Sec. 253. Evaluation of Extended Range Modular Sniper Rifle Systems.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with the former
Nansemond Ordnance Depot Site, Suffolk,
Virginia.
Subtitle C--Workplace and Depot Issues
Sec. 321. Modification of authority for Army industrial facilities to
engage in cooperative activities with non-
Army entities.
Sec. 322. Improvement of inventory management practices.
Sec. 323. Temporary suspension of authority for public-private
competitions.
Sec. 323A. Public-private competition required before conversion of any
department of defense function performed by
civilian employees to contractor
performance.
Sec. 323B. Time limitation on duration of public-private competitions.
Sec. 323C. Termination of certain public-private competitions for
conversion of department of defense
functions to performance by a contractor.
Sec. 324. Extension of arsenal support program initiative.
Sec. 325. Modification of date for submittal to Congress of annual
report on funding for public and private
performance of depot-level maintenance and
repair workloads.
Subtitle D--Energy Provisions
Sec. 331. Energy security on Department of Defense installations.
Sec. 332. Extension and expansion of reporting requirements regarding
Department of Defense energy efficiency
programs.
Sec. 333. Alternative Aviation Fuel Initiative.
Sec. 334. Authorization of appropriations for Director of Operational
Energy.
Sec. 335. Department of Defense participation in programs for
management of energy demand or reduction of
energy usage during peak periods.
Subtitle E--Reports
Sec. 341. Study on Army modularity.
Sec. 342. Plan for managing vegetative encroachment at training ranges.
Sec. 343. Report on status of Air National Guard and Air Force Reserve.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Additional authority for increases of Army active-duty end
strengths for fiscal years 2010, 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. Report on trainee account for the Army National Guard.
Sec. 417. Authority for service Secretary variances for Selected
Reserve end strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Modification of limitations on general and flag officers on
active duty.
Sec. 502. Revisions to annual report requirement on joint officer
management.
Sec. 503. Grade of Legal Counsel to the Chairman of the Joint Chiefs of
Staff.
Sec. 504. Chief and Deputy Chief of Chaplains of the Air Force.
Subtitle B--Reserve Component Management
Sec. 511. Report on requirements of the National Guard for non-dual
status technicians.
Subtitle C--Education and Training
Sec. 521. Grade of commissioned officers in uniformed medical accession
programs.
Sec. 522. Expansion of criteria for appointment as member of the Board
of Regents of the Uniformed Services
University of the Health Sciences.
Sec. 523. Detail of commissioned officers as students at schools of
psychology.
Sec. 524. Air Force Academy Athletic Association.
Subtitle D--Defense Dependents' Education Matters
Sec. 531. Continuation of authority to assist local educational
agencies that benefit dependents of members
of the Armed Forces and Department of
Defense civilian employees.
Sec. 532. Impact aid for children with severe disabilities.
Sec. 533. Two-year extension of authority for assistance to local
educational agencies with enrollment
changes due to base closures, force
structure changes, or force relocations.
Sec. 534. Permanent authority for enrollment in defense dependents'
education system of dependents of foreign
military members assigned to Supreme
Headquarters Allied Powers, Europe.
Sec. 535. Study on options for educational opportunities for dependent
children of members of the Armed Forces who
do not attend Department of Defense
dependents schools.
Sec. 536. Sense of Senate on the Interstate Compact on Educational
Opportunity for Military Children.
Sec. 537. Comptroller General audit of assistance to local educational
agencies for dependent children of members
of the Armed Forces.
Sec. 538. Authority to extend eligibility for enrollment in Department
of Defense elementary and secondary schools
to certain additional categories of
dependents.
Subtitle E--Military Justice and Legal Assistance Matters
Sec. 541. Independent review of judge advocate requirements of the
Department of the Navy.
Subtitle F--Military Family Readiness Matters
Sec. 551. Additional members on the Department of Defense Military
Family Readiness Council.
Sec. 552. Comprehensive plan on prevention, diagnosis, and treatment of
substance use disorders and disposition of
substance abuse offenders in the Armed
Forces.
Sec. 553. Military community support for children with autism and their
families.
Sec. 554. Reports on effects of deployments on military children and
the availability of mental health care and
counseling services for military children.
Sec. 555. Report on child custody litigation involving service of
members of the Armed Forces.
Sec. 556. Sense of Senate on preparation and coordination of Family
Care Plans.
Sec. 557. Expansion of suicide prevention and community healing and
response training under the Yellow Ribbon
Reintegration Program.
Sec. 558. Report on Yellow Ribbon Reintegration Program.
Sec. 559. Improved access to mental health care for family members of
members of the National Guard and Reserve
who are deployed overseas.
Sec. 560. Full access to mental health care for family members of
members of the National Guard and Reserve
who are deployed overseas.
Sec. 561. Comptroller General report on child care assistance for
deployed members of the reserve components
of the Armed Forces.
Subtitle G--Other Matters
Sec. 571. Deadline for report on sexual assault in the Armed Forces by
Defense Task Force on Sexual Assault in the
Military Services.
Sec. 572. Clarification of performance policies for military musical
units and musicians.
Sec. 573. Guarantee of residency for spouses of military personnel for
voting purposes.
Sec. 574. Determination for tax purposes of residence of spouses of
military personnel.
Sec. 575. Suspension of land rights residency requirement for spouses
of military personnel.
Sec. 576. Modification of Department of Defense share of expenses under
National Guard Youth Challenge Program.
Sec. 577. Provision to members of the Armed Forces and their families
of comprehensive information on benefits
for members of the Armed Forces and their
families.
Subtitle H--Military Voting
Sec. 581. Short title.
Sec. 582. Findings.
Sec. 583. Clarification regarding delegation of State responsibilities.
Sec. 584. Establishment of procedures for absent uniformed services
voters and overseas voters to request and
for states to send voter registration
applications and absentee ballot
applications by mail and electronically.
Sec. 585. Establishment of procedures for States to transmit blank
absentee ballots by mail and electronically
to absent uniformed services voters and
overseas voters.
Sec. 586. Ensuring absent uniformed services voters and overseas voters
have time to vote.
Sec. 587. Procedures for Collection and Delivery of Marked Absentee
Ballots of Absent Overseas Uniformed
Services Voters.
Sec. 588. Federal write-in absentee ballot.
Sec. 589. Prohibiting refusal to accept voter registration and absentee
ballot applications, marked absentee
ballots, and federal write-in absentee
ballots for failure to meet certain
requirements.
Sec. 590. Federal Voting Assistance Program Improvements.
Sec. 591. Development of standards for reporting and storing certain
data.
Sec. 592. Repeal of provisions relating to use of single application
for all subsequent elections.
Sec. 593. Reporting requirements.
Sec. 594. Annual report on enforcement.
Sec. 595. Requirements payments.
Sec. 596. Technology pilot 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. Comptroller General of the United States comparative
assessment of military and private-sector
pay and benefits.
Sec. 603. Increase in maximum monthly amount of supplemental
subsistence allowance for low-income
members with dependents.
Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence
program for certain periods before
implementation of program.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for
Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to title 37 consolidated
special pay, incentive pay, and bonus
authorities.
Sec. 615. Extension of authorities relating to payment of other title
37 bonuses and special pays.
Sec. 616. Extension of authorities relating to payment of referral
bonuses.
Sec. 617. Special compensation for members of the uniformed services
with serious injuries or illnesses
requiring assistance in everyday living.
Sec. 618. Temporary authority for monthly special pay for members of
the Armed Forces subject to continuing
active duty or service under stop-loss
authorities.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for designated
individuals of wounded, ill, or injured
members of the uniformed services for
duration of inpatient treatment.
Sec. 632. Travel and transportation allowances for non-medical
attendants of seriously wounded, ill, or
injured members of the uniformed services.
Sec. 633. Travel and transportation allowances for members of the
reserve components of the Armed Forces on
leave for suspension of training.
Sec. 634. Reimbursement of travel expenses of members of the Armed
Forces on active duty and their dependents
for travel for specialty care under
exceptional circumstances.
Sec. 635. Travel and transportation for survivors of deceased members
of the uniformed services to attend
memorial ceremonies.
Subtitle D--Other Matters
Sec. 651. Authority to continue provision of incentives after
termination of temporary Army authority to
provide additional recruitment incentives.
Sec. 652. Repeal of requirement of reduction of SBP survivor annuities
by dependency and indemnity compensation.
Sec. 653. Sense of Congress on airfares for members of the Armed
Forces.
Sec. 654. Continuation on active duty of reserve component members
during physical disability evaluation
following mobilization and deployment.
Sec. 655. Use of local residences for community-based care for certain
reserve component members.
Sec. 656. Assistance with transitional benefits.
Sec. 657. Report on recruitment and retention of members of the Air
Force in nuclear career fields.
Sec. 658. Sense of Congress on establishment of flexible spending
arrangements for the uniformed services.
Sec. 659. Treatment as active service for retired pay purposes of
service as member of Alaska Territorial
Guard during World War II.
Sec. 660. Inclusion of service after September 11, 2001, in
determination of reduced eligibility age
for receipt of non-regular service retired
pay.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
Sec. 701. TRICARE Standard coverage for certain members of the Retired
Reserve, and family members, who are
qualified for a non-regular retirement but
are not yet age 60.
Sec. 702. Expansion of eligibility of survivors under the TRICARE
dental program.
Sec. 703. Constructive eligibility for TRICARE benefits of certain
persons otherwise ineligible under
retroactive determination of entitlement to
Medicare part A hospital insurance
benefits.
Sec. 704. Reform and improvement of the TRICARE program.
Sec. 705. Comptroller General of the United States report on
implementation of requirements on the
relationship between the TRICARE program
and employer-sponsored group health plans.
Sec. 706. Sense of the Senate on health care benefits and costs for
members of the Armed Forces and their
families.
Sec. 707. Notification of certain individuals regarding options for
enrollment under Medicare part B.
Subtitle B--Other Health Care Benefits
Sec. 711. Mental health assessments for members of the Armed Forces
deployed in connection with a contingency
operation.
Sec. 712. Enhancement of transitional dental care for members of the
reserve components on active duty for more
than 30 days in support of a contingency
operation.
Sec. 713. Reduction of minimum distance of travel for reimbursement of
covered beneficiaries of the military
health care system for travel for specialty
health care.
Sec. 714. Report on post-deployment health assessments of Guard and
Reserve members.
Subtitle C--Health Care Administration
Sec. 721. Comprehensive policy on pain management by the military
health care system.
Sec. 722. Plan to increase the behavioral health capabilities of the
Department of Defense.
Sec. 723. Department of Defense study on management of medications for
physically and psychologically wounded
members of the Armed Forces.
Sec. 724. Prescription of antidepressants for troops serving in Iraq
and Afghanistan.
Subtitle D--Wounded Warrior Matters
Sec. 731. Pilot program for the provision of cognitive rehabilitative
therapy services under the TRICARE program.
Sec. 732. Department of Defense Task Force on the Care, Management, and
Transition of Recovering Wounded, Ill, and
Injured Members of the Armed Forces.
Sec. 733. Report on use of alternative therapies in treatment of post-
traumatic stress disorder.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Contract authority for advanced development of prototype
units.
Sec. 802. Justification and approval of sole-source contracts.
Subtitle B--Acquisition Policy and Management
Sec. 811. Reporting requirements for programs that qualify as both
major automated information system programs
and major defense acquisition programs.
Sec. 812. Funding of Department of Defense Acquisition Workforce
Development Fund.
Sec. 813. Enhancement of expedited hiring authority for defense
acquisition workforce positions.
Sec. 814. Treatment of non-Defense Agency procurements under joint
programs with the Department of Defense
under limitations on non-Defense Agency
procurements on behalf of the Department of
Defense.
Sec. 815. Comptroller General of the United States report on training
of acquisition and audit personnel of the
Department of Defense.
Subtitle C--Contractor Matters
Sec. 821. Authority for government support contractors to have access
to technical data belonging to prime
contractors.
Sec. 822. Extension and enhancement of authorities on the Commission on
Wartime Contracting in Iraq and
Afghanistan.
Sec. 823. Prohibition on interrogation of detainees by contractor
personnel.
Sec. 824. Modifications to database for Federal agency contract and
grant officers and suspension and debarment
officials.
Subtitle D--Other Matters
Sec. 831. Enhanced authority to acquire products and services produced
in Central Asia, Pakistan, and the South
Caucasus.
Sec. 832. Small arms production industrial base matters.
Sec. 833. Extension of SBIR and STTR programs of the Department of
Defense.
Sec. 834. Expansion and permanent authority for small business
innovation research commercialization
program.
Sec. 835. Measures to ensure the safety of facilities, infrastructure,
and equipment for military operations.
Sec. 836. Repeal of requirements relating to the military system
essential item breakout list.
Sec. 837. Defense Science Board report on rare earth materials in the
defense supply chain.
Sec. 838. Small business contracting programs parity.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Deputy Under Secretaries of Defense and Assistant Secretaries
of Defense.
Sec. 902. Repeal of certain limitations on personnel and consolidation
of reports on major Department of Defense
headquarters activities.
Sec. 903. Sense of Senate on the Western Hemisphere Institute for
Security Cooperation.
Sec. 904. Reestablishment of position of Vice Chief of the National
Guard Bureau.
Subtitle B--Space Matters
Sec. 911. Provision of space situational awareness services and
information to non-United States Government
entities.
Sec. 912. Plan for management and funding of National Polar-Orbiting
Operational Environmental Satellite System
Program.
Subtitle C--Intelligence Matters
Sec. 921. Inclusion of Defense Intelligence Agency in authority to use
proceeds from counterintelligence
operations.
Subtitle D--Other Matters
Sec. 931. United States Military Cancer Institute.
Sec. 932. Instruction of private sector employees in cyber security
courses of the Defense Cyber Investigations
Training Academy.
Sec. 933. Plan on access to national airspace for unmanned aircraft.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Audit readiness of financial statements of the Department of
Defense.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Temporary reduction in minimum number of aircraft carriers
in active service.
Sec. 1012. Repeal of policy relating to the major combatant vessels of
the strike forces of the United States
Navy.
Sec. 1013. Sense of Senate on the maintenance of a 313-ship Navy.
Sec. 1014. Designation of U.S.S. Constitution as America's Ship of
State.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension and modification of authority to provide
additional support for counter-drug
activities of certain foreign governments.
Sec. 1022. One-year extension of authority for joint task forces
support to law enforcement agencies
conducting counter-terrorism activities.
Sec. 1023. One-year extension of authority to support unified counter-
drug and counterterrorism campaign in
Colombia.
Subtitle D--Military Commissions
Sec. 1031. Military commissions.
Sec. 1032. Trial by military commission of alien unprivileged
belligerents for violations of the law of
war.
Sec. 1033. No Miranda warnings for Al Qaeda terrorists.
Subtitle E--Medical Facility Matters
Sec. 1041. Short title.
Sec. 1042. Executive agreement.
Sec. 1043. Transfer of property.
Sec. 1044. Transfer of civilian personnel of the Department of Defense.
Sec. 1045. Joint funding authority for the Captain James A. Lovell
Federal Health Care Center.
Sec. 1046. Eligibility of members of the uniformed services for care
and services at the Captain James A. Lovell
Federal Health Care Center.
Sec. 1047. Extension of DOD-VA Health Care Sharing Incentive Fund.
Subtitle F--Miscellaneous Requirements, Authorities, and Limitations
Sec. 1051. Congressional earmarks relating to the Department of
Defense.
Sec. 1052. National strategic five-year plan for improving the nuclear
forensic and attribution capabilities of
the United States.
Sec. 1053. One-year extension of authority to offer and make rewards
for assistance in combating terrorism
through government personnel of allied
forces.
Sec. 1054. Business process reengineering.
Sec. 1055. Responsibility for preparation of biennial global
positioning system report.
Sec. 1056. Additional subpoena authority for the Inspector General of
the Department of Defense.
Sec. 1057. Reports on bandwidth requirements for major defense
acquisition programs and major system
acquisition programs.
Sec. 1058. Multiyear contracts under pilot program on commercial fee-
for-service air refueling support for the
Air Force.
Sec. 1059. Additional duty for advisory panel on Department of Defense
capabilities for support of civil
authorities after certain incidents.
Subtitle G--Reports
Sec. 1071. National intelligence estimate on nuclear aspirations of
non-state entities and nuclear weapons and
related programs in non-nuclear-weapons
states and countries not parties to the
Nuclear Non-Proliferation Treaty.
Sec. 1072. Comptroller General of the United States assessment of
military whistleblower protections.
Sec. 1073. Report on re-determination process for permanently
incapacitated dependents of retired and
deceased members of the Armed Forces.
Sec. 1074. Comptroller General review of spending in the final quarter
of fiscal year 2009 by the Department of
Defense.
Sec. 1075. Report on Air America.
Sec. 1076. Report on criteria for selection of strategic embarkation
ports and ship layberthing locations.
Sec. 1077. Report on defense travel simplification.
Sec. 1078. Report on modeling and simulation activities of United
States Joint Forces Command.
Sec. 1079. Report on enabling capabilities for special operations
forces.
Subtitle H--Other Matters
Sec. 1081. Transfer of Navy aircraft N40VT.
Sec. 1082. Transfer of Big Crow aircraft.
Sec. 1083. Plan for sustainment of land-based solid rocket motor
industrial base.
Sec. 1084. Pilot program on use of service dogs for the treatment or
rehabilitation of veterans with physical or
mental injuries or disabilities.
Sec. 1085. Expansion of State home care for parents of veterans who
died while serving in Armed Forces.
Sec. 1086. Federal Employees Retirement System age and retirement
treatment for certain retirees of the Armed
Forces.
Sec. 1087. Sense of Congress on manned airborne irregular warfare
platforms.
Sec. 1088. Extension of sunset for Congressional Commission on the
Strategic Posture of the United States.
Sec. 1089. Additional members and duties for independent panel to
assess the quadrennial defense review.
Sec. 1090. Contracting improvements.
Sec. 1091. National D-Day Memorial study.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Personnel
Sec. 1101. Repeal of National Security Personnel System; Department of
Defense personnel authorities.
Sec. 1102. Extension and modification of experimental personnel
management program for scientific and
technical personnel.
Sec. 1103. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for Federal civilian employees working
overseas.
Sec. 1104. Availability of funds for compensation of certain civilian
employees of the Department of Defense.
Sec. 1105. Department of Defense Civilian Leadership Program.
Sec. 1106. Review of defense laboratories for participation in defense
laboratory personnel demonstration
projects.
Subtitle B--Part-Time Reemployment of Annuitants
Sec. 1161. Short title.
Sec. 1162. Part-time reemployment.
Sec. 1163. General Accountability Office report.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Increase in unit cost threshold for purchases using certain
funds under the Combatant Commander
Initiative Fund.
Sec. 1202. Authority to provide administrative services and support to
coalition liaison officers of certain
foreign nations assigned to United States
Joint Forces Command.
Sec. 1203. Modification of authorities relating to program to build the
capacity of foreign military forces.
Sec. 1204. Modification of notification and reporting requirements for
use of authority for support of special
operations to combat terrorism.
Sec. 1205. Modification of authority for reimbursement of certain
coalition nations for support provided to
United States military operations.
Sec. 1206. One-year extension and expansion of Commanders' Emergency
Response Program.
Sec. 1207. One-year extension of authority for security and
stabilization assistance.
Sec. 1208. Authority for non-reciprocal exchanges of defense personnel
between the United States and foreign
countries.
Sec. 1209. Defense cooperation between the United States and Iraq.
Sec. 1210. Report on alternatives to use of acquisition and cross-
servicing agreements to lend military
equipment for personnel protection and
survivability.
Sec. 1211. Ensuring Iraqi security through defense cooperation between
the United States and Iraq.
Sec. 1212. Availability of appropriated funds for the State Partnership
Program.
Sec. 1213. Authority to transfer defense articles and provide defense
services to the military and security
forces of Iraq and Afghanistan.
Sec. 1214. Certification requirement for Coalition Support Fund
reimbursements.
Subtitle B--Reports
Sec. 1221. Report on United States engagement with Iran.
Sec. 1222. Report on Cuba and Cuba's relations with other countries.
Sec. 1223. Report on Venezuela.
Sec. 1224. Report on military power of Iran.
Sec. 1225. Annual counterterrorism status reports.
Sec. 1226. Report on Taiwan's air force.
Sec. 1227. Report on United States contributions to the United Nations.
Subtitle C--Other Matters
Sec. 1231. Sense of Congress on establishment of measures of progress
to evaluate United States strategic
objectives in Afghanistan and Pakistan.
Sec. 1232. Sense of the Senate on imposing sanctions with respect to
the Islamic Republic of Iran.
Sec. 1233. Sense of the Senate on enforcement and imposition of
sanctions with respect to North Korea;
review to determine whether North Korea
should be re-listed as a state sponsor of
terrorism.
Sec. 1234. Report on the plan for the United States nuclear weapons
stockpile, nuclear weapons complex, and
delivery platforms and sense of the Senate
on follow-on negotiations to START Treaty.
Sec. 1235. Sense of Congress on continued support by the United States
for a stable and democratic Republic of
Iraq.
Sec. 1236. Report on feasibility and desirability of establishing
general uniform procedures and guidelines
for the provision of monetary assistance by
the United States to civilian foreign
nationals for losses incident to combat
activities of the armed forces.
Subtitle D--VOICE Act
Sec. 1241. Short title.
Sec. 1242. Sense of Congress.
Sec. 1243. Statement of policy.
Sec. 1244. Authorization of appropriations.
Sec. 1245. Iranian Electronic Education, Exchange, and Media Fund.
Sec. 1246. Annual report.
Sec. 1247. Report on actions by non-Iranian companies.
Sec. 1248. Human rights documentation.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Authority to enter into agreements to receive contributions
for Biological Threat Reduction Program.
Sec. 1304. Authorization of use of Cooperative Threat Reduction program
funds for bilateral and multilateral
nonproliferation and disarmament
activities.
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.
Sec. 1407. Funding table.
Subtitle B--National Defense Stockpile
Sec. 1411. Extension of previously authorized disposal of cobalt from
National Defense Stockpile.
Sec. 1412. Authorization for actions to correct the industrial resource
shortfall for high-purity beryllium metal
in amounts not in excess of $80,000,000.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--OVERSEAS CONTINGENCY OPERATIONS
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Research, development, test, and evaluation.
Sec. 1507. Operation and maintenance.
Sec. 1508. Military personnel.
Sec. 1509. Working capital funds.
Sec. 1510. Defense Health Program.
Sec. 1511. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1512. Defense Inspector General.
Sec. 1513. Treatment as additional authorizations.
Sec. 1514. Funding tables.
Sec. 1515. Special transfer authority.
Sec. 1516. Limitations on availability of funds in Afghanistan Security
Forces Fund.
Sec. 1517. Availability of funds in Pakistan Counterinsurgency Fund.
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.
Sec. 2004. Funding tables.
Sec. 2005. Technical corrections regarding certain military
construction projects, New Mexico.
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. 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.
Sec. 2307. Temporary prohibition on use of funds for military
construction improvements, Palanquero Air
Base, Colombia.
Sec. 2308. Conveyance to Indian tribes of certain housing units.
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Modification of authority to carry out certain fiscal year
2008 project.
Sec. 2406. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2407. Extension of authorizations of certain fiscal year 2007
project.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, Defense-wide.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
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, 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
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.
Sec. 2704. Report on global defense posture realignment and interagency
review.
Sec. 2705. Sense of the Senate on need for community assistance related
to base closures and realignments and force
repositioning.
Sec. 2706. Relocation of certain Army Reserve units in Connecticut.
Sec. 2707. Authority to construct previously authorized Armed Forces
Reserve Center in vicinity of specified
location at Pease Air National Guard Base,
New Hampshire.
Sec. 2708. Requirement for master plan to provide world class military
medical facilities in the National Capital
Region.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Sec. 2801. Military construction and land acquisition projects
authorized by American Recovery and
Reinvestment Act of 2009.
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2811. Extension of authority to use operation and maintenance
funds for construction projects inside the
United States Central Command and United
States Africa Command areas of
responsibility.
Sec. 2812. Modification of authority for scope of work variations.
Sec. 2813. Modification of conveyance authority at military
installations.
Sec. 2814. Two-year extension of authority for pilot projects for
acquisition or construction of military
unaccompanied housing.
Subtitle B--Energy Security
Sec. 2821. Report on Department of Defense efforts toward installation
of solar panels and other renewable energy
projects on military installations.
Subtitle C--Land Conveyances
Sec. 2831. Land conveyance, Naval Air Station Oceana, Virginia.
Sec. 2832. Release of reversionary interest.
Sec. 2833. Land conveyance, Ellsworth Air Force Base, South Dakota.
Sec. 2834. Land conveyance, F.E. Warren Air Force Base, Cheyenne,
Wyoming.
Sec. 2835. Land conveyance, Lackland Air Force Base, Texas.
Sec. 2836. Land conveyance, Haines Tank Farm, Haines, Alaska.
Sec. 2837. Land conveyances of certain parcels in the Camp Catlin and
Ohana Nui areas, Pearl Harbor, Hawaii.
Subtitle D--Other Matters
Sec. 2841. Expansion of First Sergeants Barracks Initiative.
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.
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. Funding table.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Nuclear weapons stockpile life extension program.
Sec. 3112. Elimination of nuclear weapons life extension program from
exception to requirement to request funds
in budget of the President.
Sec. 3113. Repeal of Reliable Replacement Warhead program.
Sec. 3114. Authorization of use of International Nuclear Materials
Protection and Cooperation program funds
for bilateral and multilateral
nonproliferation and disarmament
activities.
Sec. 3115. Repeal of prohibition on funding activities associated with
international cooperative stockpile
stewardship.
Sec. 3116. Modification of minor construction threshold for plant
projects.
Sec. 3117. Two-year extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Sec. 3118. Repeal of sunset date for consolidation of
counterintelligence programs of Department
of Energy and National Nuclear Security
Administration.
Subtitle C--Other Matters
Sec. 3131. Ten-year plan for utilization and funding of certain
Department of Energy facilities.
Sec. 3132. Review of management and operation of certain national
laboratories.
Sec. 3133. Inclusion in 2010 stockpile stewardship plan of certain
information relating to stockpile
stewardship criteria.
Sec. 3134. Comptroller General of the United States review of projects
carried out by the Office of Environmental
Management of the Department of Energy
pursuant to the American Recovery and
Reinvestment Act of 2009.
Sec. 3135. Identification in budget materials of amounts for certain
Department of Energy pension obligations.
Sec. 3136. Expansion of authority of Ombudsman of Energy Employees
Occupational Illness Compensation Program.
Sec. 3137. Comptroller General study of stockpile stewardship program.
Sec. 3138. Sense of the Senate on production of molybdenum-99.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--MARITIME ADMINISTRATION
Sec. 3301. Maritime Administration.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--OTHER AUTHORIZATIONS
Sec. 4401. Other authorizations.
Sec. 4402. Other authorizations for overseas contingency operations.
TITLE XLV--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 4501. Military construction.
Sec. 4502. 2005 base realignment and closure round FY 2010 project
listing.
Sec. 4503. American Recovery and Reinvestment Act military
construction.
Sec. 4504. Military construction for overseas contingency operations.
TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4601. Department of Energy national security programs.
DIVISION E--MATTHEW SHEPARD HATE CRIMES PREVENTION ACT
Sec. 4701. Short title.
Sec. 4702. Findings.
Sec. 4703. Definition of hate crime.
Sec. 4704. Support for criminal investigations and prosecutions by
State, local, and tribal law enforcement
officials.
Sec. 4705. Grant program.
Sec. 4706. Authorization for additional personnel to assist State,
local, and tribal law enforcement.
Sec. 4707. Prohibition of certain hate crime acts.
Sec. 4708. Statistics.
Sec. 4709. Severability.
Sec. 4710. Rule of construction.
Sec. 4711. Construction and application.
Sec. 4712. Limitation on prosecutions.
Sec. 4713. Guidelines for hate-crimes offenses.
Sec. 4714. Attacks on United States servicemen.
DIVISION F--SBIR/STTR REAUTHORIZATION
Sec. 5001. Short title.
Sec. 5002. Definitions.
TITLE LI--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS
Sec. 5101. Extension of termination dates.
Sec. 5102. Status of the Office of Technology.
Sec. 5103. SBIR allocation increase.
Sec. 5104. STTR allocation increase.
Sec. 5105. SBIR and STTR award levels.
Sec. 5106. Agency and program collaboration.
Sec. 5107. Elimination of Phase II invitations.
Sec. 5108. Majority-venture investments in SBIR firms.
Sec. 5109. SBIR and STTR special acquisition preference.
Sec. 5110. Collaborating with Federal laboratories and research and
development centers.
Sec. 5111. Notice requirement.
TITLE LII--OUTREACH AND COMMERCIALIZATION INITIATIVES
Sec. 5201. Rural and State outreach.
Sec. 5202. SBIR-STEM Workforce Development Grant Pilot Program.
Sec. 5203. Technical assistance for awardees.
Sec. 5204. Commercialization program at Department of Defense.
Sec. 5205. Commercialization Pilot Program for civilian agencies.
Sec. 5206. Nanotechnology initiative.
Sec. 5207. Accelerating cures.
TITLE LIII--OVERSIGHT AND EVALUATION
Sec. 5301. Streamlining annual evaluation requirements.
Sec. 5302. Data collection from agencies for SBIR.
Sec. 5303. Data collection from agencies for STTR.
Sec. 5304. Public database.
Sec. 5305. Government database.
Sec. 5306. Accuracy in funding base calculations.
Sec. 5307. Continued evaluation by the National Academy of Sciences.
Sec. 5308. Technology insertion reporting requirements.
Sec. 5309. Intellectual property protections.
TITLE LIV--POLICY DIRECTIVES
Sec. 5401. Conforming amendments to the SBIR and the STTR Policy
Directives.
Sec. 5402. Priorities for certain research initiatives.
Sec. 5403. Report on SBIR and STTR program goals.
Sec. 5404. Competitive selection procedures for SBIR and STTR programs.
DIVISION G--MARITIME ADMINISTRATION AUTHORIZATION
TITLE LX--MARITIME ADMINISTRATION
Sec. 6001. Short title.
Sec. 6002. Cooperative agreements, administrative expenses, and
contracting authority.
Sec. 6003. Use of funding for DOT maritime heritage property.
Sec. 6004. Liquidation of unused leave balance at the Merchant Marine
Academy.
Sec. 6005. Permanent authority to hire adjunct professors at the
Merchant Marine Academy.
Sec. 6006. Use of midshipman fees.
Sec. 6007. Construction of vessels in the United States policy.
Sec. 6008. Port infrastructure development program.
Sec. 6009. Reefs for marine life conservation program.
Sec. 6010. Student incentive payment agreements.
Sec. 6011. United States merchant marine academy graduate program
receipt, disbursement, and accounting for
non-appropriated funds.
Sec. 6012. America's short sea transportation grants for the
development of marine highways.
Sec. 6013. Expansion of the marine view system.
Sec. 6014. Authorization of appropriations for fiscal year 2010.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term 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.
Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement for the Army as follows:
(1) For aircraft, $5,144,891,000.
(2) For missiles, $1,375,109,000.
(3) For weapons and tracked combat vehicles,
$2,451,952,000.
(4) For ammunition, $2,059,895,000.
(5) For other procurement, $9,617,991,000.
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, $18,655,412,000.
(2) For weapons, including missiles and torpedoes,
$3,515,455,000.
(3) For shipbuilding and conversion, $13,776,867,000.
(4) For other procurement, $5,595,176,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2010 for procurement for the Marine Corps in the amount
of $1,600,638,000.
(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, $13,077,876,000.
(2) For missiles, $6,107,728,000.
(3) For ammunition, $822,462,000.
(4) For other procurement, $17,245,341,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2010
for Defense-wide procurement as follows:
(1) For Defense-wide procurement, $4,050,052,000.
(2) For the Rapid Acquisition Fund, $79,300,000.
(3) For the Mine Resistant Ambush Protected Vehicle Fund,
$1,200,000,000.
SEC. 105. FUNDING TABLE.
The amounts authorized to be appropriated by sections 101, 102,
103, and 104 shall be available, in accordance with the requirements of
section 4001, for projects, programs, and activities, and in the
amounts, specified in the funding table in section 4101.
SEC. 106. ELIMINATION OF F-22A AIRCRAFT PROCUREMENT FUNDING.
(a) Elimination of Funding.--The amount authorized to be
appropriated by section 103(1) for procurement for the Air Force for
aircraft procurement is hereby decreased by $1,750,000,000, with the
amount of the decrease to be derived from amounts available for F-22A
aircraft procurement.
(b) Restored Funding.--
(1) Operation and maintenance, army.--The amount authorized
to be appropriated by section 301(1) for operation and
maintenance for the Army is hereby increased by $350,000,000.
(2) Operation and maintenance, navy.--The amount authorized
to be appropriated by section 301(2) for operation and
maintenance for the Navy is hereby increased by $100,000,000.
(3) Operation and maintenance, air force.--The amount
authorized to be appropriated by section 301(4) for operation
and maintenance for the Air Force is hereby increased by
$250,000,000.
(4) Operation and maintenance, defense-wide.--The amount
authorized to be appropriated by section 301(5) for operation
and maintenance for Defense-wide activities is hereby increased
by $150,000,000.
(5) Military personnel.--The amount authorized to be
appropriated by section 421(a)(1) for military personnel is
hereby increased by $400,000,000.
(6) Division a and division b generally.--In addition to
the amounts specified in paragraphs (1) through (5), the total
amount authorized to be appropriated for the Department of
Defense by divisions A and B is hereby increased by
$500,000,000.
Subtitle B--Navy Programs
SEC. 111. TREATMENT OF LITTORAL COMBAT SHIP PROGRAM AS A MAJOR DEFENSE
ACQUISITION PROGRAM.
Effective as of the date of the enactment of this Act, the program
for the Littoral Combat Ship shall be treated as a major defense
acquisition program for purposes of chapter 144 of title 10, United
States Code.
SEC. 112. REPORT ON STRATEGIC PLAN FOR HOMEPORTING THE LITTORAL COMBAT
SHIP.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report setting forth the strategic
plan of the Navy for homeporting the Littoral Combat Ship (LCS) on the
East Coast and West Coast of the United States.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The requirements for homeporting of the Littoral Combat
ship of the commanders of the combatant commands, set forth by
geographic area of responsibility (AOR).
(2) A description of the manner in which the Navy will meet
the requirements identified under paragraph (1).
(3) An assessment of the effect of each type of Littoral
Combat Ship on each port in which such ship could be
homeported.
(4) A map, based on the current plan of 55 Littoral Combat
Ships, identifying where each ship will homeport and how such
ports will accommodate both types of Littoral Combat Ships,
based on the current program and a 313-ship Navy.
(5) An estimate of the costs of infrastructure required for
Littoral Combat Ships at each homeport, including--
(A) existing infrastructure; and
(B) such upgraded infrastructure as may be
required.
SEC. 113. PROCUREMENT PROGRAMS FOR FUTURE NAVAL SURFACE COMBATANTS.
(a) Limitation on Availability of Funds Pending Reports About
Surface Combatant Shipbuilding Programs.--The Secretary of the Navy may
not obligate or expend funds for the construction of, or advanced
procurement of materials for, a surface combatant to be constructed
after fiscal year 2011 until the Secretary has submitted to Congress
each of the following:
(1) An acquisition strategy for such surface combatants
that has been approved by the Department of Defense.
(2) The results of reviews by the Joint Requirements
Oversight Council for an Acquisition Category I program that
supports the need for an acquisition strategy to procure
surface combatants after fiscal year 2011.
(3) A verification by an independent review panel convened
by the Secretary of Defense that, in evaluating the
shipbuilding program concerned, the Secretary of the Navy
considered each of the following:
(A) Modeling and simulation, including war gaming
conclusions regarding combat effectiveness for the
selected ship platforms as compared to other reasonable
alternative approaches.
(B) Assessments of platform operational
availability.
(C) Life cycle costs from vessel manning levels to
accomplish missions.
(4) An intelligence analysis reflecting a coordinated
threat assessment of the Defense Intelligence Agency that
provides the basis for deriving the mix of platforms in the
shipbuilding program concerned when compared with the surface
combatants in the 2009 shipbuilding plan.
(5) The differences in cost and schedule arising from the
need to accommodate new sensors and weapons in future surface
combatants to counter the future threats referred to in
paragraph (4) when compared with the cost and schedule arising
from the need to accommodate sensors and weapons on surface
combatants as contemplated by the 2009 shipbuilding plan for
the vessels concerned.
(6) A verification by the commanders of the combatant
commands that the shipbuilding program for the vessels
concerned would be preferable to the surface combatants
included in the 2009 shipbuilding plan for the vessels
concerned in meeting all of their future mission requirements.
(7) A joint review by the Navy and the Missile Defense
Agency setting forth additional requirements for investment in
Aegis ballistic missile defense (BMD) beyond the number of DDG-
51 and CG-47 vessels planned to be equipped for this mission
area in the budget of the President for fiscal year 2010 (as
submitted to Congress pursuant to section 1105 of title 31,
United States Code).
(b) Future Surface Combatant Acquisition Strategy.--Not later than
the date upon which President submits to Congress the budget for fiscal
year 2012 (as so submitted), the Secretary of the Navy shall submit to
the congressional defense committees a plan to provide for full and
open competition on the combat systems for surface combatants proposed
in the future-years defense program submitted to Congress under section
221 of title 10, United States Code, together with such budget. The
plan shall include specifics on the intent of the Navy to satisfy
criteria described in subsection (a) and evaluate applicable
technologies during the request for proposal and selection process.
(c) Naval Surface Fire Support.--Not later than 120 days after the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees an update to the March 2006 Report to
Congress on Naval Surface Fire Support. The update shall identify how
the Department of Defense intends to address any shortfalls between
required naval surface fire support capability and the plan of the Navy
to provide that capability. The update shall include addenda by the
Chief of Naval Operations and Commandant of the Marine Corps, as was
the case in the 2006 report.
(d) Technology Roadmap for Future Surface Combatants and Fleet
Modernization.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Navy shall
develop a plan to incorporate into surface combatants
constructed after 2011, and into fleet modernization programs,
the technologies developed for the DDG-1000 destroyer and the
DDG-51 and CG-47 Aegis ships, including the following:
(A) For the DDG-1000 destroyer--
(i) combat system;
(ii) multi-function and dual-band radars;
(iii) hull, mechanical and electrical
systems achieving significant manpower savings;
and
(iv) integrated electric propulsion
technologies.
(B) For the DDG-51 and CG-47 Aegis ships--
(i) combat system, including missile
defense capability;
(ii) hull, mechanical and electrical
systems achieving manpower savings; and
(iii) anti-submarine warfare sensor systems
designed for operating in open ocean areas.
(2) Scope of plan.--The plan required by paragraph (1)
shall include sufficient detail for systems and subsystems to
ensure that the plan--
(A) avoids redundant development for common
functions;
(B) reflects implementation of Navy plans for
achieving an open architecture for all naval surface
combat systems; and
(C) fosters full and open competition.
(e) Definition.--In this section:
(1) The term ``2009 shipbuilding plan'' means the 30-year
shipbuilding plan submitted to Congress pursuant to section
231, title 10, United States Code, together with the budget of
the President for fiscal year 2009 (as submitted to Congress
pursuant to section 1105 of title 31, United States Code).
(2) The term ``surface combatant'' means a cruiser, a
destroyer, or any naval vessel under a program currently
designated as a future surface combatant program.
SEC. 114. REPORT ON A SERVICE LIFE EXTENSION PROGRAM FOR OLIVER HAZARD
PERRY CLASS FRIGATES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Navy shall submit to the congressional defense
committees a report setting forth the following:
(1) A detailed analysis of a service life extension program
(SLEP) for the Oliver Hazard Perry class frigates (FFGs),
including--
(A) the cost of the program;
(B) a schedule for the program; and
(C) the shipyards available to carry out the work
under the program.
(2) A detailed plan of the Navy for achieving a 313-ship
fleet as contemplated by the 2006 Quadrennial Defense Review,
including a comparison for purposes of that plan of
decommissioning Oliver Hazard Perry class frigates as scheduled
with extending the service life of such frigates under the
service life extension program.
(3) The strategic plan of the Navy for the manner in which
the Littoral Combat Ship (LCS) will fulfill the roles and
missions currently performed by the Oliver Hazard Perry class
frigates as they are decommissioned.
(4) The strategic plan of the Navy for the Littoral Combat
Ship if the extension of the service life of the Oliver Hazard
Perry class frigates alleviates demand arising under the
current capabilities gap in the Littoral Combat Ship.
(5) A description of the manner in which the Navy has met
the needs of the United States Southern Command over time,
including the assets and vessels the Navy has deployed for
military-to-military engagements, UNITAS exercises, and
counterdrug operations in support of the Commander of the
United States Southern Command during the five-year period
ending on the date of the report.
SEC. 115. COMPETITIVE BIDDING FOR PROCUREMENT OF STEAM TURBINES FOR
SHIPS SERVICE TURBINE GENERATORS AND MAIN PROPULSION
TURBINES FOR OHIO-CLASS SUBMARINE REPLACEMENT PROGRAM.
The Secretary of the Navy shall take measures to ensure
competition, or the option of competition, for steam turbines for the
ships service turbine generators and main propulsion turbines for the
Ohio-class submarine replacement program in accordance with section 202
of the Weapons Systems Acquisition Reform Act of 2009 (Public Law 111-
23; 10 U.S.C. 2430 note).
Subtitle C--Air Force Matters
SEC. 121. LIMITATION ON RETIREMENT OF C-5 AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may not proceed
with a decision to retire C-5A aircraft from the active inventory of
the Air Force in any number that would reduce the total number of such
aircraft in the active inventory below 111 until--
(1) the Air Force has modified a C-5A aircraft to the
configuration referred to as the Reliability Enhancement and
Reengining Program (RERP) configuration, as planned under the
C-5 System Development and Demonstration program as of May 1,
2003; and
(2) the Director of Operational Test and Evaluation of the
Department of Defense--
(A) conducts an operational evaluation of that
aircraft, as so modified; and
(B) provides to the Secretary of Defense and the
congressional defense committees an operational
assessment.
(b) Operational Evaluation.--An operational evaluation for purposes
of paragraph (2)(A) of subsection (a) is an evaluation, conducted
during operational testing and evaluation of the aircraft, as so
modified, of the performance of the aircraft with respect to
reliability, maintainability, and availability and with respect to
critical operational issues.
(c) Operational Assessment.--An operational assessment for purposes
of paragraph (2)(B) of subsection (a) is an operational assessment of
the program to modify C-5A aircraft to the configuration referred to in
subsection (a)(1) regarding both overall suitability and deficiencies
of the program to improve performance of the C-5A aircraft relative to
requirements and specifications for reliability, maintainability, and
availability of that aircraft as in effect on May 1, 2003.
(d) Additional Limitations on Retirement of Aircraft.--The
Secretary of the Air Force may not retire C-5 aircraft from the active
inventory as of the date of this Act until the later of the following:
(1) The date that is 150 days after the date on which the
Director of Operational Test and Evaluation submits the report
referred to in subsection (a)(2)(B).
(2) The date that is 120 days after the date on which the
Secretary submits the report required under subsection (e).
(3) The date that is 30 days after the date on which the
Secretary certifies to the congressional defense committees
that--
(A) the retirement of such aircraft will not
increase the operational risk of meeting the National
Defense Strategy; and
(B) the retirement of such aircraft will not reduce
the total strategic airlift force structure below 324
strategic airlift aircraft.
(e) Report on Retirement of Aircraft.--The Secretary of the Air
Force shall submit to the congressional defense committees a report
setting forth the following:
(1) The rationale for the retirement of existing C-5
aircraft and a cost/benefit analysis of alternative strategic
airlift force structures, including the force structure that
would result from the retirement of such aircraft.
(2) An assessment of the costs and benefits of applying the
Reliability Enhancement and Re-engining Program (RERP)
modification to the entire the C-5A aircraft fleet.
(3) An assessment of the implications for the Air Force,
the Air National Guard, and the Air Force Reserve of operating
a mix of C-5A aircraft and C-5M aircraft.
(4) An assessment of the costs and benefits of increasing
the number of C-5 aircraft in Back-up Aircraft Inventory (BAI)
status as a hedge against future requirements of such aircraft.
(5) An assessment of the costs, benefits, and implications
of transferring C-5 aircraft to United States flag carriers
operating in the Civil Reserve Air Fleet (CRAF) program or to
coalition partners in lieu of the retirement of such aircraft.
(6) Such other matters relating to the retirement of C-5
aircraft as the Secretary considers appropriate.
(f) Maintenance of Aircraft Upon Retirement.--The Secretary of the
Air Force shall maintain any C-5 aircraft retired after the date of the
enactment of this Act in Type 1000 storage until opportunities for the
transfer of such aircraft as described in subsection (e)(5) have been
fully exhausted.
SEC. 122. REVISED AVAILABILITY OF CERTAIN FUNDS AVAILABLE FOR THE F-22A
FIGHTER AIRCRAFT.
(a) Repeal of Authority on Availability of Fiscal Year 2009
Funds.--Section 134 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4378) is
repealed.
(b) Availability of Advance Procurement Funds for Other F-22A
Aircraft Modernization Priorities.--Subject to the provisions of
appropriations Acts and applicable requirements relating to the
transfer of funds, the Secretary of the Air Force may transfer amounts
authorized to be appropriated for fiscal year 2009 by section 103(1)
for aircraft procurement for the Air Force and available for advance
procurement for the F-22A fighter aircraft within that subaccount or to
other subaccounts for aircraft procurement for the Air Force for
purposes of providing funds for other modernization priorities with
respect to the F-22A fighter aircraft.
SEC. 123. REPORT ON POTENTIAL FOREIGN MILITARY SALES OF THE F-22A
FIGHTER AIRCRAFT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in coordination
with the Secretary of State and in consultation with the Secretary of
the Air Force, submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a report on potential
foreign military sales of the F-22A fighter aircraft.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An estimate of the costs to the United States
Government, industry, and any foreign military sales customer
of developing an exportable version of the F-22A fighter
aircraft.
(2) An assessment whether an exportable version of the F-
22A fighter aircraft is technically feasible and executable,
and, if so, a timeline for achieving an exportable version of
the aircraft.
(3) An assessment of the potential strategic implications
of permitting foreign military sales of the F-22A fighter
aircraft.
(4) An assessment of the impact of foreign military sales
of the F-22A fighter aircraft on the United States aerospace
and aviation industry, and the advantages and disadvantages of
such sales for sustaining that industry.
(5) An identification of any modifications to current law
that are required to authorize foreign military sales of the F-
22A fighter aircraft.
(c) Additional Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide for a federally funded research and development center which
will submit to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives, through the Secretary of Defense, a
report on potential foreign military sales of the F-22A fighter
aircraft, addressing the same elements as in subsection (b) of this
section.
SEC. 124. NEXT GENERATION BOMBER AIRCRAFT.
(a) Findings.--Congress makes the following findings:
(1) Long-range strike is a critical mission in which the
United States needs to retain a credible and dominant
capability.
(2) Long range, penetrating strike systems provide--
(A) a hedge against being unable to obtain access
to forward bases for political reasons;
(B) a capacity to respond quickly to contingencies;
(C) the ability to base outside the reach of
emerging adversary anti-access and area-denial
capabilities; and
(D) the ability to impose disproportionate
defensive costs on prospective adversaries of the
United States.
(3) The 2006 Quadrennial Defense Review found that there
was a requirement for a next generation bomber aircraft and
directed the United States Air Force to ``develop a new land-
based, penetrating long range strike capability to be fielded
by 2018''.
(4) On April 6, 2009, Secretary Gates announced that the
United States ``will not pursue a development program for a
follow-on Air Force bomber until we have a better understanding
of the need, the requirement and the technology''.
(5) On May 7, 2009, President Barack Obama announced the
termination of the next generation bomber aircraft program in
the document of the Office of Management and Budget entitled
``Terminations, Reductions, and Savings'', stating that ``there
is no urgent need to begin an expensive development program for
a new bomber'' and that ``the future bomber fleet may not be
affordable over the next six years''.
(6) The United States will need a new long-range strike
capability because the conflicts of the future will likely
feature heavily defended airspace, due in large part to the
proliferation of relatively inexpensive, but sophisticated and
deadly, air defense systems.
(7) General Michael Maples, the Director of the Defense
Intelligence Agency, noted during a March 10, 2009, hearing of
the Committee on Armed Services of the Senate on worldwide
threats that ``Russia, quite frankly, is the developer of most
of those [advanced air defense] systems and is exporting those
systems both to China and to other countries in the world''.
(8) The Final Report of the Congressional Commission on the
Strategic Posture of the United States, submitted to Congress
on May 6, 2009, states that ``[t]he bomber force is valuable
particularly for extending deterrence in time of crisis, as
their deployment is visible and signals U.S. commitment.
Bombers also impose a significant cost burden on potential
adversaries in terms of the need to invest in advanced air
defenses''.
(9) The commanders of the United States Pacific Command,
the United States Strategic Command, and the United States
Joint Forces Command have each testified before the Committee
on Armed Services of the Senate in support of the capability
that the next generation bomber aircraft would provide.
(10) On June 17, 2009, General James Cartwright, Vice-
Chairman of the Joint Chiefs of Staff and chair of the Joint
Requirements Oversight Council, stated during a hearing before
the Committee on Armed Services of the Senate that ``the nation
needs a new bomber''.
(11) Nearly half of the United States bomber aircraft
inventory (47 percent) pre-dates the Cuban Missile Crisis.
(12) The only air-breathing strike platforms the United
States possesses today with reach and survivability to have a
chance of successfully executing missions more than 1,000
nautical miles into enemy territory from the last air-to-air
refueling are 16 combat ready B-2 bomber aircraft.
(13) The B-2 bomber aircraft was designed in the 1980s and
achieved initial operational capability over a decade ago.
(14) The crash of an operational B-2 bomber aircraft during
takeoff at Guam in early 2008 indicates that attrition can and
does occur even in peacetime.
(15) The primary mission requirement of the next generation
bomber aircraft is the ability to strike targets anywhere on
the globe with whatever weapons the contingency requires.
(16) The requisite aerodynamic, structural, and low-
observable technologies to develop the next generation bomber
aircraft already exist in fifth-generation fighter aircraft.
(b) Policy on Continued Development of Next Generation Bomber
Aircraft in Fiscal Year 2010.--It is the policy of the United States to
support a development program for next generation bomber aircraft
technologies.
SEC. 125. AC-130 GUNSHIPS.
(a) Report on Reduction in Service Life in Connection With
Accelerated Deployment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force, in consultation
with the United States Special Operations Command, shall submit to the
congressional defense committees an assessment of the reduction in the
service life of AC-130 gunships of the Air Force as a result of the
accelerated deployments of such gunships that are anticipated during
the seven- to ten-year period beginning with the date of the enactment
of this Act, assuming that operating tempo continues at a rate per year
of the average of their operating rate for the last five years.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An estimate by series of the maintenance costs for the
AC-130 gunships during the period described in subsection (a),
including any major airframe and engine overhauls of such
aircraft anticipated during that period.
(2) A description by series of the age, serviceability, and
capabilities of the armament systems of the AC-130 gunships.
(3) An estimate by series of the costs of modernizing the
armament systems of the AC-130 gunships to achieve any
necessary capability improvements.
(4) A description by series of the age and capabilities of
the electronic warfare systems of the AC-130 gunships, and an
estimate of the cost of upgrading such systems during that
period to achieve any necessary capability improvements.
(5) A description by series of the age of the avionics
systems of the AC-130 gunships, and an estimate of the cost of
upgrading such systems during that period to achieve any
necessary capability improvements.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Analysis of Alternatives.--The Secretary of the Air Force, in
consultation with the United States Special Operations Command, shall
conduct an analysis of alternatives for any gunship modernization
requirements identified by the 2009 quadrennial defense review under
section 118 of title 10, United States Code. The results of the
analysis of alternatives shall be provided to the congressional defense
committees not later than 18 months after the completion of the 2009
quadrennial defense review.
SEC. 126. REPORT ON E-8C JOINT SURVEILLANCE AND TARGET ATTACK RADAR
SYSTEM RE-ENGINING.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report on replacing the engines
of E-8C Joint Surveillance and Target Attack Radar System (Joint STARS)
aircraft. The report shall include the following:
(1) An assessment of funding alternatives and options for
accelerating funding for the fielding of Joint STARS aircraft
with replaced engines.
(2) An analysis of the tradeoffs involved in the decision
to replace the engines of Joint STARS aircraft or not to
replace those engines, including the potential cost savings
from replacing those engines and the operational impacts of not
replacing those engines.
(3) An identification of the optimum path forward for
replacing the engines of Joint STARS aircraft and modernizing
the Joint STARS fleet.
(b) Limitation on Certain Actions.--The Secretary of the Air Force
may not take any action that would adversely impact the pace of the
execution of the program to replace the engines of Joint STARS aircraft
before submitting the report required by subsection (a).
Subtitle D--Joint and Multiservice Matters
SEC. 131. MODIFICATION OF NATURE OF DATA LINK UTILIZABLE BY TACTICAL
UNMANNED AERIAL VEHICLES.
Section 141(a)(1) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3164) is amended by
striking ``, until such time as the Tactical Common Data Link is
replace by an updated standard for use by those vehicles'' and
inserting ``or a data link that uses waveform capable of transmitting
and receiving Internet Protocol communications''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal year 2010 for the use of the Department of Defense for research,
development, test, and evaluation as follows:
(1) For the Army, $10,863,003,000.
(2) For the Navy, $19,597,696,000.
(3) For the Air Force, $28,693,952,000.
(4) For Defense-wide activities, $20,555,270,000.
(5) For Operational Test and Evaluation, Defense,
$190,770,000.
(b) Funding Table.--The amounts authorized to be appropriated by
subsection (a) shall be available, in accordance with the requirements
of section 4001, for projects, programs, and activities, and in the
amounts, specified in the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. LIMITATION ON USE OF FUNDS FOR AN ALTERNATIVE PROPULSION
SYSTEM FOR THE F-35 JOINT STRIKE FIGHTER PROGRAM;
INCREASE IN FUNDING FOR PROCUREMENT OF UH-1Y/AH-1Z ROTARY
WING AIRCRAFT AND FOR MANAGEMENT RESERVES FOR THE F-35
JOINT STRIKE FIGHTER PROGRAM.
(a) Limitation on Use of Funds for an Alternative Propulsion System
for the F-35 Joint Strike Fighter Program.--None of the funds
authorized to be appropriated or otherwise made available by this Act
may be obligated or expended for the development or procurement of an
alternate propulsion system for the F-35 Joint Strike Fighter program
until the Secretary of Defense submits to the congressional defense
committees a certification in writing that the development and
procurement of the alternate propulsion system--
(1) will--
(A) reduce the total life-cycle costs of the F-35
Joint Strike Fighter program; and
(B) improve the operational readiness of the fleet
of F-35 Joint Strike Fighter aircraft; and
(2) will not--
(A) disrupt the F-35 Joint Strike Fighter program
during the research, development, and procurement
phases of the program; or
(B) result in the procurement of fewer F-35 Joint
Strike Fighter aircraft during the life cycle of the
program.
(b) Additional Amount for UH-1Y/AH-1Z Rotary Wing Aircraft.--The
amount authorized to be appropriated by section 102(a)(1) for aircraft
procurement for the Navy is increased by $282,900,000, with the amount
of the increase to be allocated to amounts available for the
procurement of UH-1Y/AH-1Z rotary wing aircraft.
(c) Restoration of Management Reserves for F-35 Joint Strike
Fighter Program.--
(1) Navy joint strike fighter.--The amount authorized to be
appropriated by section 201(a)(2) for research, development,
test, and evaluation for the Navy is hereby increased by
$78,000,000, with the amount of the increase to be allocated to
amounts available for the Joint Strike Fighter program (PE #
0604800N) for management reserves.
(2) Air force joint strike fighter.--The amount authorized
to be appropriated by section 201(a)(3) for research,
development, test, and evaluation for the Air Force is hereby
increased by $78,000,000, with the amount of the increase to be
allocated to amounts available for the Joint Strike Fighter
program (PE # 0604800F) for management reserves.
(d) Offsets.--
(1) Navy joint strike fighter f136 development.--The amount
authorized to be appropriated by section 201(a)(2) for
research, development, test, and evaluation for the Navy is
hereby decreased by $219,450,000, with the amount of the
decrease to be derived from amounts available for the Joint
Strike Fighter (PE # 0604800N) for F136 development.
(2) Air force joint strike fighter f136 development.--The
amount authorized to be appropriated by section 201(a)(3) for
research, development, test, and evaluation for the Air Force
is hereby decreased by $219,450,000, with the amount of the
decrease to be derived from amounts available for the Joint
Strike Fighter (PE # 0604800F) for F136 development.
SEC. 212. ENHANCEMENT OF DUTIES OF DIRECTOR OF DEPARTMENT OF DEFENSE
TEST RESOURCE MANAGEMENT CENTER WITH RESPECT TO THE MAJOR
RANGE AND TEST FACILITY BASE.
(a) Authority To Review Proposals for Significant Changes.--Section
196(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(3) by inserting ``(1)'' before ``The Director'';
(4) by redesignating subparagraphs (B), (C), and (D), as so
redesignated, as subparagraphs (C), (D), and (E), respectively;
and
(5) by inserting after subparagraph (A), as so
redesignated, the following new subparagraph (B):
``(B) To review proposed significant changes to the test
and evaluation facilities and resources of the Major Range and
Test Facility Base before they are implemented by the
Secretaries of the military departments or the heads of the
Defense Agencies with test and evaluation responsibilities and
advise the Secretary of Defense and the Under Secretary of
Acquisition, Technology, and Logistics of the impact of such
changes on the adequacy of such test and evaluation facilities
and resources to meet the test and evaluation requirements of
the Department.''.
(b) Access to Records and Data.--Such section is further amended by
adding at the end the following new paragraph:
``(2) The Director shall have access to all records and data of the
test and evaluation activities, facilities, and elements of the Major
Range and Test Facility Base, including the records and data of each
military department and Defense Agency, that the Director considers
necessary in order to carry out the Director's duties under paragraph
(1)(B).''.
SEC. 213. GUIDANCE ON SPECIFICATION OF FUNDING REQUESTED FOR OPERATION,
SUSTAINMENT, MODERNIZATION, AND PERSONNEL OF MAJOR RANGES
AND TEST FACILITIES.
(a) Guidance on Specification of Funding.--The Secretary of Defense
shall, acting through the Under Secretary of Defense (Comptroller) and
the Director of the Department of Defense Test Resource Management
Center, issue guidance on the specification by the military departments
and Defense Agencies of amounts to be requested in the budget of the
President for a fiscal year (as submitted to Congress pursuant to
section 1105(a) of title 31, United States Code) for funding for each
facility and resource of the Major Range and Test Facility Base in
connection with each of the following:
(1) Operation.
(2) Sustainment.
(3) Investment and modernization.
(4) Government personnel.
(5) Contractor personnel.
(b) Applicability.--The guidance issued under subsection (a) shall
apply with respect to budgets of the President for fiscal years after
fiscal year 2010.
(c) Major Range and Test Facility Base Defined.--In this section,
the term ``Major Range and Test Facility Base'' has the meaning given
that term in section 196(h) of title 10, United States Code.
SEC. 214. PERMANENT AUTHORITY FOR THE JOINT DEFENSE MANUFACTURING
TECHNOLOGY PANEL.
Section 2521 of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Joint Defense Manufacturing Technology Panel.--(1) There is
in the Department of Defense the Joint Defense Manufacturing Technology
Panel.
``(2)(A) The Chair of the Joint Defense Manufacturing Technology
Panel shall be the head of the Panel. The Chair shall be appointed, on
a rotating basis, from among the appropriate personnel of the military
departments and Defense Agencies with manufacturing technology
programs.
``(B) The Panel shall be composed of at least one individual from
among appropriate personnel of each military department and Defense
Agency with manufacturing technology programs. The Panel may include as
ex-officio members such individuals from other government
organizations, academia, and industry as the Chair considers
appropriate.
``(3) The purposes of the Panel shall be as follows:
``(A) To identify and integrate requirements for the
program.
``(B) To conduct joint planning for the program.
``(C) To develop joint strategies for the program.
``(4) In carrying out the purposes specified in paragraph (3), the
Panel shall perform the functions as follows:
``(A) Conduct comprehensive reviews and assessments of
defense-related manufacturing issues being addressed by the
manufacturing technology programs and related activities of the
Department of Defense.
``(B) Execute strategic planning to identify joint planning
opportunities for increased cooperation in the development and
implementation of technological products and the leveraging of
funding for such purposes with the private sector and other
government agencies.
``(C) Ensure the integration and coordination of
requirements and programs under the program with Office of the
Secretary of Defense and other national-level initiatives,
including the establishment of information exchange processes
with other government agencies, private industry, academia, and
professional associations.
``(D) Conduct such other functions as the Under Secretary
of Defense for Acquisition, Technology, and Logistics shall
specify.
``(5) The Panel shall report to and receive direction from the
Director of Defense Research and Engineering on manufacturing
technology issues of multi-service concern and application.
``(6) The administrative expenses of the Panel shall be borne by
each military department and Defense Agency with manufacturing
technology programs in such manner as the Panel shall provide.''.
SEC. 215. EXTENSION AND ENHANCEMENT OF GLOBAL RESEARCH WATCH PROGRAM.
(a) Limitation on Availability of Certain Funds for Military
Departments Pending Provision of Assistance Under Program.--Subsection
(d) of section 2365 of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) Funds available to a military department for a fiscal year
for monitoring or analyzing the research activities and capabilities of
foreign nations may not be obligated or expended until the Director
certifies to the Under Secretary of Defense for Acquisition,
Technology, and Logistics that the Secretary of such military
department has provided the assistance required under paragraph (2).
``(B) The limitation in subparagraph (A) shall not be construed to
alter or effect the availability to a military department of funds for
intelligence activities.''.
(b) Four-Year Extension of Program.--Subsection (f) of such section
is amended by striking ``September 30, 2011'' and inserting ``September
30, 2015''.
SEC. 216. THREE-YEAR EXTENSION OF AUTHORITY FOR PRIZES FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.
Section 2374a(f) of title 10, United States Code, is amended by
striking ``September 30, 2010'' and inserting ``September 30, 2013''.
SEC. 217. MODIFICATION OF REPORT REQUIREMENTS REGARDING DEFENSE SCIENCE
AND TECHNOLOGY PROGRAM.
Section 212 of the National Defense Authorization Act for Fiscal
Year 2000 (10 U.S.C. 2501 note) is amended by striking subsection (b),
(c), and (d) and inserting the following new subsections:
``(b) Funding Objective.--It is the sense of Congress that it
should be an objective of the Secretary of Defense to increase the
budget for the Defense Science and Technology Program, including the
science and technology program of each military department, for each
fiscal year after fiscal year 2010 over the budget for that program for
the preceding fiscal year by a percent that is at least equal to the
rate of inflation, as determined by the Office of Management and
Budget.
``(c) Actions Following Failure To Comply With Objective.--If the
proposed budget of the Department of Defense for a fiscal year fails to
comply with the objective set forth in subsection (b), the Secretary of
Defense shall submit to the congressional defense committees each of
the following:
``(1) Not later than 60 days after the proposed budget is
submitted to Congress, a detailed, prioritized list, including
estimates of required funding, of proposals for science and
technology projects received by the Department through
competitive solicitations in the fiscal year preceding the
fiscal year covered by the proposed budget which were not
funded but represent science and technology opportunities that
support the research and development programs and goals of the
military departments and the Defense Agencies.
``(2) Not later than six months after the proposed budget
is submitted to Congress, an independent assessment, in both
classified and unclassified form (as necessary), of any
research, technology, or engineering areas that are of interest
to the Department in which the United States may not have
global technical leadership within the next 10 years.
``(d) Sunset.--The requirements of this section shall terminate on
December 31, 2014.''.
SEC. 218. PROGRAMS FOR GROUND COMBAT VEHICLE AND SELF PROPELLED
HOWITZER CAPABILITIES FOR THE ARMY.
(a) Programs Required.--
(1) In general.--The Secretary of Defense shall carry out a
separate program to achieve each of the following:
(A) The development, test, and fielding of an
operationally effective, suitable, survivable, and
affordable next generation ground combat vehicle for
the Army.
(B) The development, test, and fielding of an
operationally effective, suitable, survivable, and
affordable next generation self-propelled howitzer
capability for the Army.
(2) Compliance with certain acquisition requirements.--Each
program under paragraph (1) shall comply with the requirements
of the Weapons Systems Acquisition Reform Act of 2009, and the
amendments made by that Act.
(b) Strategy and Plan for Acquisition.--
(1) In general.--Not later than March 31, 2010, the
Secretary shall submit to the congressional defense committees
a report setting forth a strategy and plan for the acquisition
of weapon systems under the programs required by subsection
(a). Each strategy and plan shall include measurable goals and
objectives for the acquisition of such weapon systems, and
shall identify all proposed major development, testing,
procurement, and fielding events toward the achievement of such
goals and objectives.
(2) Elements.--In developing each strategy and plan under
paragraph (1), the Secretary shall consider the following:
(A) A single vehicle or family of vehicles
utilizing a common chassis and automotive components.
(B) The incorporation of weapon, vehicle,
communications, network, and system of systems common
operating environment technologies developed under the
Future Combat Systems program.
(c) Annual Reports.--
(1) Reports required.--The Secretary shall submit to the
congressional defense committees, at the same time the
President submits to Congress the budget for each of fiscal
years 2011 through 2015 (as submitted pursuant to section
1105(a) of title 31, United States Code), a report on the
investments proposed to be made under such budget with respect
to each program required by subsection (a).
(2) Elements.--Each report under paragraph (1) shall set
forth, for the fiscal year covered by the budget with which
such report is submitted--
(A) the manner in which amounts requested in such
budget would be available for each program required by
subsection (a); and
(B) an assessment of the extent to which utilizing
such amount in such manner would improve ground combat
capabilities for the Army.
SEC. 219. ASSESSMENT OF TECHNOLOGICAL MATURITY AND INTEGRATION RISK OF
ARMY MODERNIZATION PROGRAMS.
(a) Assessment Required.--The Director of Defense Research and
Engineering shall, in consultation with the Director of Developmental
Test and Evaluation, review and assess the technological maturity and
integration risk of critical technologies (as jointly identified by the
Director and the Secretary of the Army for purposes of this section) of
Army modernization programs and appropriate associated programs,
including the programs as follows:
(1) Manned Ground Vehicle and Ground Combat Vehicle.
(2) Future Combat Systems network hardware and software.
(3) Warfighter Information Network-Tactical, Increment 3.
(4) Joint Tactical Radio System.
(5) Reconnaissance unmanned aerial vehicles.
(6) Future Combat Systems Spin Out technologies.
(7) Any other programs jointly identified by the Director
and the Secretary for purposes of this section.
(b) Report.--Not later than nine months after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the technological maturity
and integration risk of critical technologies of Army modernization and
associated programs covered by the review and assessment required under
subsection (a), as determined pursuant to that assessment.
SEC. 220. ASSESSMENT OF STRATEGY FOR TECHNOLOGY FOR MODERNIZATION OF
THE COMBAT VEHICLE AND TACTICAL WHEELED VEHICLE FLEETS.
(a) Independent Assessment of Strategy Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into a contract with an appropriate entity independent of the
United States Government to conduct an independent assessment
of current, anticipated, and potential research and engineering
activities for or applicable to the modernization of the combat
vehicle fleet and tactical wheeled vehicle fleet of the
Department of Defense.
(2) Access to information and resources.--The Secretary
shall provide the entity with which the Secretary contracts
under paragraph (1) access to such information and resources as
are appropriate to conduct the assessment required by that
paragraph.
(b) Report.--
(1) In general.--The contract required by subsection (a)
shall provide that the entity with which the Secretary
contracts under that subsection shall submit to the Secretary
of Defense and the congressional defense committees a report on
the assessment required by that subsection not later than
December 31, 2010.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A detailed discussion of the requirements and
capability needs identified or proposed for current and
prospective combat vehicles and tactical wheeled
vehicles.
(B) An identification of capability gaps for combat
vehicles and tactical wheeled vehicles based on lessons
learned from recent conflicts and an assessment of
emerging threats.
(C) An identification of the critical technology
elements or integration risks associated with
particular categories of combat vehicles and tactical
wheeled vehicles, and with particular missions of such
vehicles.
(D) Recommendations for a plan to develop and
deploy within the next 10 years critical technology
capabilities to address the capability gaps identified
pursuant to subparagraph (B), including an
identification of high priority science and technology,
research & engineering, and prototyping opportunities.
(E) Such other matters as the Secretary considers
appropriate.
SEC. 221. SYSTEMS ENGINEERING AND PROTOTYPING PROGRAM.
(a) Program Required.--The Secretary of Defense shall, acting
through the Under Secretary of Defense for Acquisition, Technology, and
Logistics, carry out a program to encourage and fund systems
engineering and prototyping efforts in support of Department of Defense
goals and missions.
(b) Objectives.--The objectives of the program required by
subsection (a) shall be as follows:
(1) To develop system prototypes for systems that provide
capabilities supportive of addressing Department of Defense
goals, needs, and requirements.
(2) To successfully demonstrate new systems in relevant
environments.
(3) To encourage the training of systems engineers and the
development of systems engineering tools and practices.
(c) Selection of Projects.--
(1) Program areas.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall, in consultation
with the military departments and the Defense Agencies,
designate general areas for systems engineering and prototype
projects under the program required by subsection (a).
(2) Solicitation of projects.--The Under Secretary shall
solicit for the selection of projects under the program within
the areas designated under paragraph (1) from among other
government entities, federally-funded research and development
centers, academia, the private sector, and such other persons,
organizations, and entities as the Under Secretary considers
appropriate.
(3) Selection.--The Under Secretary shall select projects
for implementation under the program from among responses to
the solicitations made under paragraph (2). The Under Secretary
shall select such projects on a competitive basis.
(d) Implementation of Projects.--For each project selected under
subsection (c)(3), the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall designate a military department or
Defense Agency to implement the project as part of the program required
by subsection (a).
(e) Funding of Projects.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall, subject to
paragraphs (2) and (3), provide funds for each project selected
under subsection (c)(3) in an amount jointly determined by the
Under Secretary and the acquisition executive of the military
department or Defense Agency concerned.
(2) Limitation on amount of funds.--The amount of funds
provided to a project under paragraph (1) shall be not greater
than the amount equal to 50 percent of the total cost of the
project.
(3) Limitation on period of funding.--A project may not be
provided funds under this subsection for more than three fiscal
years.
(4) Source of other funding.--Any funds required for a
project under this section that are not provided under this
subsection shall be derived from funds available to the
military department or Defense Agency concerned, or another
appropriate source other than this subsection.
(f) Annual Report.--Not later than March 31 each year, the Under
Secretary of Defense for Acquisition, Technology, and Logistics shall
submit to the congressional defense committees a report on the
activities carried out under the program required by subsection (a)
during the preceding fiscal year.
(g) Acquisition Executive Defined.--In this section, the term
``acquisition executive'', with respect to a military department or
Defense Agency, means the official designated as the senior procurement
executive for the military department or Defense Agency for the
purposes of section 16(c) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414 (c)).
Subtitle C--Missile Defense Programs
SEC. 241. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.
It is the sense of Congress that--
(1) the United States should develop, test, field, and
maintain operationally effective, cost-effective, affordable,
reliable, suitable, and survivable ballistic missile defense
systems that are capable of defending the United States, its
forward-deployed forces, allies, and other friendly nations
from the threat of ballistic missile attacks from nations such
as North Korea and Iran;
(2) the missile defense force structure and inventory
levels of such missile defense systems should be determined
based on an assessment of ballistic missile threats and a
determination by senior military leaders, combatant commanders,
and defense officials of the requirements and capabilities
needed to address those threats; and
(3) the test and evaluation program for such missile
defense systems should be rigorous, robust, operationally
realistic, and capable of providing a high level of confidence
in the capability of such systems (including their continuing
effectiveness over the course of their service lives), and
adequate resources should be available for that test and
evaluation program (including interceptor missiles and targets
for flight tests).
SEC. 242. COMPREHENSIVE PLAN FOR TEST AND EVALUATION OF THE BALLISTIC
MISSILE DEFENSE SYSTEM.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall establish a
comprehensive plan for the developmental and operational
testing and evaluation of the Ballistic Missile Defense System
and its various elements.
(2) Period of plan.--The plan shall cover the period
covered by the future-years defense program that is submitted
to Congress under section 221 of title 10, United States Code,
at or about the same time as the submittal to Congress of the
budget of the President for fiscal year 2011.
(3) Input.--In establishing the plan, the Secretary shall
receive input on matters covered by the plan from the
following:
(A) The Director of the Missile Defense Agency.
(B) The Director of Operational Test and
Evaluation.
(C) The operational test components of the military
departments.
(b) Elements.--The plan required by subsection (a) shall include,
with regard to developmental and operational testing of the Ballistic
Missile Defense System, the following:
(1) Test and evaluation objectives.
(2) Test and evaluation criteria and metrics.
(3) Test and evaluation procedures and methodology.
(4) Data requirements.
(5) System and element configuration under test.
(6) Approaches to verification, validation, and
accreditation of models and simulations.
(7) The relative role of models and simulations, ground
tests, and flight tests in achieving the objectives of the
plan.
(8) Test infrastructure and resources, including test range
limitations and potential range enhancements.
(9) Test readiness review approaches and methodology.
(10) Testing for system and element integration and
interoperability.
(11) Means for achieving operational realism and means of
demonstrating operational effectiveness, suitability and
survivability.
(12) Detailed descriptions of planned tests.
(13) A description of the resources required to implement
the plan.
(c) Report.--
(1) In general.--Not later than March 1, 2011, the
Secretary shall submit to the congressional defense committees
a report setting forth and describing the plan required by
subsection (a) and each of the elements required in the plan
under subsection (b).
(2) Additional information on ground-based midcourse
defense.--The report required by this subsection shall, in
addition to the matters specified in paragraph (1), include a
detailed description of the test and evaluation activities
pertaining to the Ground-based Midcourse Defense (GMD) element
of the Ballistic Missile Defense System as follows:
(A) Plans for salvo testing.
(B) Plans for multiple simultaneous engagement
testing.
(C) Plans for intercept testing using the Cobra
Dane radar as the engagement sensor.
(D) Plans to test and demonstrate the ability of
the system to accomplish its mission over the planned
term of its operational service life (also known as
``sustainment testing'').
(3) Form.--The report required by this subsection shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 243. ASSESSMENT AND PLAN FOR THE GROUND-BASED MIDCOURSE DEFENSE
ELEMENT OF THE BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Ground-based Midcourse Defense (GMD) element of the
Ballistic Missile Defense System should be an operationally
effective, cost-effective, affordable, reliable, suitable, and
survivable system capable of defending the United States from
the threat of long-range missile attacks from nations such as
North Korea and Iran, and adequate resources should be
available to create and maintain such a capability (including
continuing effectiveness over the course of its service life);
(2) the force structure and inventory levels of the Ground-
based Midcourse Defense element should be determined based on
an assessment of ballistic missile threats from nations such as
North Korea and Iran and a determination by senior military
leaders, combatant commanders, and defense officials of the
requirements and capabilities needed to address those threats;
and
(3) the test and evaluation program for the Ground-based
Midcourse Defense element should be rigorous, robust,
operationally realistic, and capable of providing a high degree
of confidence in the capability of the system (including
testing to demonstrate the continuing effectiveness of the
system over the course of its service life), and adequate
resources should be available for that test and evaluation
program (including interceptor missiles and targets for flight
tests).
(b) Assessment Required.--
(1) In general.--As part of the Quadrennial Defense Review
and the Ballistic Missile Defense Review, the Secretary of
Defense shall conduct an assessment of the following:
(A) Ground-based Midcourse Defense element of the
Ballistic Missile Defense System.
(B) Future options for the Ground-based Midcourse
Defense element.
(2) Elements.--The assessment required by paragraph (1)
shall include an assessment of the following:
(A) The ballistic missile threat against which the
Ground-based Midcourse Defense element is intended to
defend.
(B) The military requirement for Ground-based
Midcourse Defense capabilities against such missile
threat.
(C) The current capabilities of the Ground-based
Midcourse Defense element.
(D) The planned capabilities of the Ground-based
Midcourse Defense element, if different from the
capabilities under subparagraph (B).
(E) The force structure and inventory levels
necessary for the Ground-based Midcourse Defense
element to achieve the planned capabilities of that
element, including an analysis of the costs and the
potential advantages and disadvantages of deploying 44
operational Ground-based Interceptor missiles.
(F) The infrastructure necessary to achieve such
capabilities, including the number and location of
operational silos.
(G) The number of Ground-based Interceptor missiles
necessary for operational assets, test assets
(including developmental and operational test assets
and aging and surveillance test assets), and spare
missiles.
(3) Report.--At or about the same time the budget of the
President for fiscal year 2011 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the
Secretary shall submit to the congressional defense committees
a report setting forth the results of the assessment required
by paragraph (1). The report shall be in unclassified form, but
may include a classified annex.
(c) Plan Required.--
(1) In general.--In addition to the assessment required by
subsection (b), the Secretary shall establish a plan for the
Ground-based Midcourse Defense element of the Ballistic Missile
Defense System. The plan shall cover the period of the future-
years defense program that is submitted to Congress under
section 221 of title 10, United States Code, at or about the
same time as the submittal to Congress of the budget of the
President for fiscal year 2011.
(2) Elements.--The plan required by paragraph (1) shall
include the following elements:
(A) The schedule for achieving the planned
capability of the Ground-based Midcourse Defense
element, including the completion of operational silos,
the delivery of operational Ground-Based Interceptors,
and the deployment of such interceptors in those silos.
(B) The plan for funding the development,
production, deployment, testing, improvement, and
sustainment of the Ground-based Midcourse Defense
element.
(C) The plan to maintain the operational
effectiveness of the Ground-based Midcourse Defense
element over the course of its service life, including
any modernization or capability enhancement efforts,
and any sustainment efforts.
(D) The plan for flight testing the Ground-based
Midcourse Defense element, including aging and
surveillance tests to demonstrate the continuing
effectiveness of the system over the course of its
service life.
(E) The plan for production of Ground-Based
Interceptor missiles necessary for operational assets,
developmental and operational test assets, aging and
surveillance test assets, and spare missiles.
(3) Report.--At or about the same time the budget of the
President for fiscal year 2011 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the
Secretary shall submit to the congressional defense committees
a report setting forth the plan required by paragraph (1). The
report shall be in unclassified form, but may include a
classified annex.
(d) Construction.--Nothing in this section shall be construed as
altering or revising the continued production of all Ground-Based
Interceptor missiles on contract as of June 23, 2009.
(e) Comptroller General Review.--The Comptroller General of the
United States shall--
(1) review the assessment required by subsection (b) and
the plan required by subsection (c); and
(2) not later than 120 days after receiving the assessment
and the plan, provide to the congressional defense committees
the results of the review.
SEC. 244. REPORT ON POTENTIAL MISSILE DEFENSE COOPERATION WITH RUSSIA.
(a) Report Required.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report setting
forth potential options for cooperation among or between the
United States, the North Atlantic Treaty Organization (NATO),
and the Russian Federation on ballistic missile defense.
(2) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of proposals made by the United States,
the North Atlantic Treaty Organization, or the Russian
Federation since January 1, 2007, for potential missile defense
cooperation among or between such countries and that
organization, including data sharing, cooperative regional
missile defense architectures, joint exercises, and
transparency and confidence building measures.
(2) A description of options for the sharing by such
countries and that organization of ballistic missile
surveillance or early warning data, including data from the
Russian early warning radars at Gabala in Azerbaijan, and
Armavir in southern Russia or other radars, such as the United
States radar proposed for deployment in the Czech Republic.
(3) An assessment of the potential for implementation of
the agreement between the United States and the Russian
Federation on the establishment of a Joint Data Exchange
Center.
(4) An assessment of the potential for missile defense
cooperation between the Russian Federation and the North
Atlantic Treaty Organization, including through the NATO-Russia
Council.
(5) An assessment of the potential security benefits to the
United States, Russia, and the North Atlantic Treaty
Organization of the cooperation described in paragraph (4).
(6) Such other matters as the Secretary considers
appropriate.
SEC. 245. CONTINUED PRODUCTION OF GROUND-BASED INTERCEPTOR MISSILE AND
OPERATION OF MISSILE FIELD 1 AT FORT GREELY, ALASKA.
(a) Limitation on Break in Production.--The Secretary of Defense
shall ensure that the Missile Defense Agency does not allow a break in
production of the Ground-based Interceptor missile until the Department
of Defense has--
(1) completed the Ballistic Missile Defense Review; and
(2) made a determination with respect to the number of
Ground-based Interceptor missiles that will be necessary to
support the service life of the Ground-based Midcourse Defense
element of the Ballistic Missile Defense System.
(b) Limitation on Certain Actions With Respect to Missile Field 1
and Missile Field 2 at Fort Greely, Alaska.--
(1) Limitation on decommissioning of missile field 1.--The
Secretary of Defense shall ensure that Missile Field 1 at Fort
Greely, Alaska, does not complete decommissioning until seven
silos have been emplaced at Missile Field 2 at Fort Greely.
(2) Limitation with respect to disposition of silos at
missile field 2.--The Secretary of Defense shall ensure that no
irreversible decision is made with respect to the disposition
of operational silos at Missile Field 2 at Fort Greely, Alaska,
until that date that is 60 days after the date on which the
reports required by subsections (b)(3) and (c)(3) of section
243 are submitted to the congressional defense committees.
SEC. 246. SENSE OF SENATE ON AND RESERVATION OF FUNDS FOR DEVELOPMENT
AND DEPLOYMENT OF MISSILE DEFENSE SYSTEMS IN EUROPE.
(a) Findings.--The Senate makes the following findings:
(1) In the North Atlantic Treaty Organization (NATO)
Bucharest Summit Declaration of April 3, 2008, the Heads of
State and Government participating in the meeting of the North
Atlantic Council declared that ``[b]allistic missile
proliferation poses an increasing threat to Allies' forces,
territory and populations. Missile defence forms part of a
broader response to counter this threat. We therefore recognize
the substantial contribution to the protection of Allies from
long-range ballistic missiles to be provided by the planned
deployment of European-based United States missile defence
assets''.
(2) The Bucharest Summit Declaration also stated that
``[b]earing in mind the principle of the indivisibility of
Allied security as well as NATO solidarity, we task the Council
in Permanent Session to develop options for a comprehensive
missile defence architecture to extend coverage to all Allied
territory and populations not otherwise covered by the United
States system for review at our 2009 Summit, to inform any
future political decision''.
(3) In the Bucharest Summit Declaration, the North Atlantic
Council also reaffirmed to Russia that ``current, as well as
any future, NATO Missile Defence efforts are intended to better
address the security challenges we all face, and reiterate
that, far from posing a threat to our relationship, they offer
opportunities to deepen levels of cooperation and stability''.
(4) In the Strasbourg/Kehl Summit Declaration of April 4,
2009, the heads of state and government participating in the
meeting of the North Atlantic Council reaffirmed ``the
conclusions of the Bucharest Summit about missile defense,''
and declared that ``we judge that missile threats should be
addressed in a prioritized manner that includes consideration
of the level of imminence of the threat and the level of
acceptable risk''.
(5) Iran is rapidly developing its ballistic missile
capabilities, including its inventory of short-range and
medium-range ballistic missiles that can strike portions of
Eastern and Southern North Atlantic Treaty Organization
European territory, as well as the pursuit of long-range
ballistic missiles that could reach Europe or the United
States.
(6) On July 8, 2008, the Government of the United States
and the Government of the Czech Republic signed an agreement to
base a radar facility in the Czech Republic that is part of a
proposed missile defense system to protect Europe and the
United States against a potential future Iranian long-range
ballistic missile threat.
(7) On August 20, 2008, the United States and the Republic
of Poland signed an agreement concerning the deployment of
ground-based ballistic missile defense interceptors in the
territory of the Republic of Poland.
(8) Section 233 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4393; 10 U.S.C. 2431 note) establishes conditions for the
availability of funds for procurement, construction, and
deployment of the planned missile defense system in Europe,
including that the host nations must ratify any missile defense
agreements with the United States and that the Secretary of
Defense must certify that the system has demonstrated the
ability to accomplish the mission.
(9) On April 5, 2009, President Barack Obama, speaking in
Prague, Czech Republic, stated, ``As long as the threat from
Iran persists, we will go forward with a missile defense system
that is cost-effective and proven. If the Iranian threat is
eliminated, we will have a stronger basis for security, and the
driving force for missile defense construction in Europe will
be removed.''.
(10) On June 16, 2009, Deputy Secretary of Defense William
Lynn testified before the Committee on Armed Services of the
Senate that the United States Government is reviewing its
options for developing and deploying operationally effective,
cost-effective missile defense capabilities to Europe against
potential future Iranian missile threats, in addition to the
proposed deployment of a missile defense system in Poland and
the Czech Republic.
(11) On July 9, 2009, General James Cartwright, the Vice
Chairman of the Joint Chiefs of Staff, testified before the
Committee on Armed Services of the Senate that the Department
of Defense was considering some 40 different missile defense
architecture options for Europe that could provide a ``regional
defense capability to protect the nations'' of Europe, and a
``redundant capability that would assist in protecting the
United States,'' and that the Department was considering ``what
kind of an architecture best suits the defense of the region,
the defense of the homeland, and the regional stability''.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the United States Government should continue developing
and planning for the proposed deployment of elements of a
Ground-based Midcourse Defense (GMD) system, including a
midcourse radar in the Czech Republic and Ground-Based
Interceptors in Poland, consistent with section 233 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009;
(2) in conjunction with the continued development of the
planned Ground-based Midcourse Defense system, the United
States should work with its North Atlantic Treaty Organization
allies to explore a range of options and architectures to
provide missile defenses for Europe and the United States
against current and future Iranian ballistic missile
capabilities;
(3) any alternative system that the United States
Government considers deploying in Europe to provide for the
defense of Europe and a redundant defense of the United States
against future long-range Iranian missile threats should be at
least as capable and cost-effective as the proposed European
deployment of the Ground-based Midcourse Defense system; and
(4) any missile defense capabilities deployed in Europe
should, to the extent practical, be interoperable with United
States and North Atlantic Treaty Organization missile defense
systems.
(c) Reservation of Funds for Missile Defense Systems.--
(1) In general.--Of the funds authorized to be appropriated
or otherwise made available for fiscal years 2009 and 2010 for
the Missile Defense Agency for the purpose of developing
missile defenses in Europe, $353,100,000 shall be available
only for the purposes described in paragraph (2).
(2) Use of funds.--The purposes described in this paragraph
are the following:
(A) Research, development, test, and evaluation
of--
(i) the proposed midcourse radar element of
the Ground-based Midcourse Defense system in
the Czech Republic; and
(ii) the proposed long-range missile
defense interceptor site element of such
defense system in Poland.
(B) Research, development, test, and evaluation,
procurement, construction, or deployment of other
missile defense systems designed to protect Europe, and
the United States in the case of long-range missile
threats, from the threats posed by current and future
Iranian ballistic missiles of all ranges, if the
Secretary of Defense submits to the congressional
defense committees a report certifying that such
systems are expected to be--
(i) consistent with the direction from the
North Atlantic Council to address ballistic
missile threats to Europe and the United States
in a prioritized manner that includes
consideration of the imminence of the threat
and the level of acceptable risk;
(ii) operationally effective and cost-
effective in providing protection for Europe,
and the United States in the case of long-range
missile threats, against current and future
Iranian ballistic missile threats; and
(iii) interoperable, to the extent
practical, with other components of missile
defense and complementary to the missile
defense strategy of the North Atlantic Treaty
Organization.
(d) Construction.--Nothing in this section shall be construed as
limiting or preventing the Department of Defense from pursuing the
development or deployment of operationally effective and cost-effective
ballistic missile defense systems in Europe.
SEC. 247. EXTENSION OF DEADLINE FOR STUDY ON BOOST-PHASE MISSILE
DEFENSE.
Section 232(c)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4392) is amended by striking ``October 31, 2010'' and inserting ``March
1, 2011''.
Subtitle D--Other Matters
SEC. 251. REPEAL OF REQUIREMENT FOR BIENNIAL JOINT WARFIGHTING SCIENCE
AND TECHNOLOGY PLAN.
Section 270 of the National Defense Authorization Act for Fiscal
Year 1997 (10 U.S.C. 2501 note) is repealed.
SEC. 252. MODIFICATION OF REPORTING REQUIREMENT FOR DEFENSE
NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
Section 246 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2358 note) is amended
by striking subsection (e) and inserting the following new subsection
(e):
``(e) Reports.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to the National Science and
Technology Council information on the program that covers the
information described in paragraphs (1) through (5) of section 2(d) of
the 21st Century Nanotechnology Research and Development Act (15 U.S.C.
7501(d)) to be included in the annual report submitted by the Council
under that section.''.
SEC. 253. EVALUATION OF EXTENDED RANGE MODULAR SNIPER RIFLE SYSTEMS.
(a) In General.--Not later than March 31, 2010, the Assistant
Secretary of the Army for Acquisition, Logistics, and Technology shall
conduct a comparative evaluation of extended range modular sniper rifle
systems, including .300 Winchester Magnum, .338 Lapua Magnum, and other
calibers. The evaluation shall identify and demonstrate an integrated
suite of technologies capable of--
(1) extending the effective range of snipers;
(2) meeting service or unit requirements or operational
need statements; or
(3) closing documented capability gaps.
(b) Funding.--The Assistant Secretary of the Army for Acquisition,
Logistics, and Technology shall conduct the evaluation required by
subsection (a) using amounts appropriated for fiscal year 2009 for
extended range modular sniper rifle system research (PE # 0604802A)
that are unobligated.
(c) Report.--Not later than April 30, 2010, the Assistant Secretary
of the Army for Acquisition, Logistics, and Technology shall submit to
the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report containing the
results of the evaluation required by subsection (a), including--
(1) detailed ballistics and system performance data; and
(2) an assessment of the operational capabilities of
extended range modular sniper rifle systems to meet service or
unit requirements or operational need statements or close
documented capabilities gaps.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2010 for the use of the Armed Forces
and other activities and agencies of the Department of Defense, for
expenses, not otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $30,932,882,000.
(2) For the Navy, $35,890,046,000.
(3) For the Marine Corps, $5,547,223,000.
(4) For the Air Force, $34,053,559,000.
(5) For Defense-wide activities, $27,645,997,000.
(6) For the Army Reserve, $2,623,796,000.
(7) For the Navy Reserve, $1,278,501,000.
(8) For the Marine Corps Reserve, $228,925,000.
(9) For the Air Force Reserve, $3,079,228,000.
(10) For the Army National Guard, $6,260,634,000.
(11) For the Air National Guard, $5,888,461,000.
(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.
(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,
$424,093,000.
(21) For Overseas Contingency Operations Transfer Fund,
$5,000,000.
(b) Funding Table.--The amounts authorized by subsection (a) shall
be available, in accordance with the requirements of section 4001, for
projects, programs, and activities, and in the amounts, specified in
the funding table in section 4301.
Subtitle B--Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH THE FORMER NANSEMOND ORDNANCE
DEPOT SITE, SUFFOLK, VIRGINIA.
(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(a)(18)
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. MODIFICATION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO
ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.
(a) Clarification of Authority to Enter Into Cooperative
Agreements.--The second sentence of section 4544(a) of title 10, United
States Code, as added by section 328(a)(1) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
66), is amended by inserting after ``not more than eight contracts or
cooperative agreements'' the following: ``in addition to the contracts
and cooperative agreements in place as of the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181)''.
(b) Additional Elements Required for Analysis of Use of
Authority.--Section 328(b)(2) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 67) is amended--
(1) by striking ``a report assessing the advisability'' and
inserting the following: ``a report--
``(A) assessing the advisability''; and
(2) by striking ``pursuant to such authority.'' and
inserting the following: ``pursuant to such authority;
``(B) assessing the benefit to the Federal
Government of using such authority;
``(C) assessing the impact of the use of such
authority on the availability of facilities needed by
the Army and on the private sector; and
``(D) describing the steps taken to comply with the
requirements under section 4544(g) of title 10, United
States Code.''.
SEC. 322. IMPROVEMENT OF INVENTORY MANAGEMENT PRACTICES.
(a) Inventory Management Practices Improvement Plan Required.--Not
later than 270 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a comprehensive plan for improving the inventory management
systems of the military departments and the Defense Logistics Agency
with the objective of reducing the acquisition and storage of secondary
inventory that is excess to requirements.
(b) Elements.--The plan under subsection (a) shall include the
following:
(1) A plan for a comprehensive review of demand-forecasting
procedures to identify and correct any systematic weaknesses in
such procedures, including the development of metrics to
identify bias toward over-forecasting and adjust forecasting
methods accordingly.
(2) A plan to accelerate the efforts of the Department of
Defense to achieve total asset visibility, including efforts to
link wholesale and retail inventory levels through multi-
echelon modeling.
(3) A plan to reduce the average level of on-order
secondary inventory that is excess to requirements, including a
requirement for the systemic review of such inventory for
possible contract termination.
(4) A plan for the review and validation of methods used by
the military departments and the Defense Logistics Agency to
establish economic retention requirements.
(5) A plan for an independent review of methods used by the
military departments and the Defense Logistics Agency to
establish contingency retention requirements.
(6) A plan to identify items stored in secondary inventory
that require substantial amounts of storage space and shift
such items, where practicable, to direct vendor delivery.
(7) A plan for a comprehensive assessment of inventory
items on hand that have no recurring demands, including the
development of--
(A) metrics to track years of no demand for items
in stock; and
(B) procedures for ensuring the systemic review of
such items for potential reutilization or disposal.
(8) A plan to more aggressively pursue disposal reviews and
actions on stocks identified for potential reutilization or
disposal.
(c) GAO Reports.--
(1) Assessment of plan.--Not later than 60 days after the
date on which the plan required by subsection (a) is submitted
as specified in that subsection, the Comptroller General of the
United States shall submit to the congressional defense
committees a report setting forth an assessment of the extent
to which the plan meets the requirements of this section.
(2) Assessment of implementation.--Not later than 18 months
after the date on which the plan required by subsection (a) is
submitted, the Comptroller General shall submit to the
congressional defense committees a report setting forth an
assessment of the extent to which the plan has been effectively
implemented by each military department and by the Defense
Logistics Agency.
(d) Inventory That Is Excess to Requirements Defined.--In this
section, the term ``inventory that is excess to requirements'' means
inventory that--
(1) is excess to the approved acquisition objective
concerned; and
(2) is not needed for the purposes of economic retention or
contingency retention.
SEC. 323. TEMPORARY SUSPENSION OF AUTHORITY FOR PUBLIC-PRIVATE
COMPETITIONS.
(a) Temporary Suspension.--During the period beginning on the date
of the enactment of this Act and ending on the date on which the
Secretary of Defense submits to the congressional defense committees
the certification described in subsection (b), no study or public-
private competition regarding the conversion to contractor performance
of any function of the Department of Defense performed by civilian
employees may be begun or announced pursuant to section 2461 of title
10, United States Code, Office of Management and Budget Circular A-76,
or any other authority.
(b) Certification.--The certification described in this subsection
is a certification that--
(1) the Secretary of Defense has completed and submitted to
Congress a complete inventory of contracts for services for or
on behalf of the Department of Defense in compliance with the
requirements of subsection (c) of section 2330a of title 10,
United States Code; and
(2) the Secretary of each military department and the head
of each Defense Agency responsible for activities in the
inventory is in compliance with the review and planning
requirements of subsection (e) of such section.
SEC. 323A. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION OF ANY
DEPARTMENT OF DEFENSE FUNCTION PERFORMED BY CIVILIAN
EMPLOYEES TO CONTRACTOR PERFORMANCE.
(a) Requirement.--Section 2461(a)(1) of title 10, United States
Code, is amended--
(1) by striking ``A function'' and inserting ``No
function'';
(2) by striking ``10 or more''; and
(3) by striking ``may not be converted'' and inserting
``may be converted''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to a function for which a public-private competition
is commenced on or after the date of the enactment of this Act.
SEC. 323B. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE COMPETITIONS.
(a) Time Limitation.--Section 2461(a) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(5)(A) The duration of a public-private competition
conducted pursuant to Office of Management and Budget Circular
A-76 or any other provision of law for any function of the
Department of Defense performed by Department of Defense
civilian employees may not exceed the period of specified in
paragraph (B), commencing on the date on which funds are
obligated for contractor support of the preliminary planning
for the public-private competition begins through the date on
which a performance decision is rendered with respect to the
function.
``(B) The period referred to in paragraph (A) is 30 months
with respect to a single formation activity and 36 months with
respect to a multi-formation activity.
``(C) The time period specified in subparagraph (A) for a
public-private competition does not include any day during
which the public-private competition is delayed by reason of a
protest before the Government Accountability Office or the
United States Court of Federal Claims.
``(D) In this paragraph, the term `preliminary planning'
with respect to a public-private competition means any action
taken to carry out any of the following activities:
``(i) Determining the scope of the competition.
``(ii) Conducting research to determine the
appropriate grouping of functions for the competition.
``(iii) Assessing the availability of workload
data, quantifiable outputs of functions, and agency or
industry performance standards applicable to the
competition.
``(iv) Determining the baseline cost of any
function for which the competition is conducted.''.
(b) Effective Date.--Paragraph (5) 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. 323C. TERMINATION OF CERTAIN PUBLIC-PRIVATE COMPETITIONS FOR
CONVERSION OF DEPARTMENT OF DEFENSE FUNCTIONS TO
PERFORMANCE BY A CONTRACTOR.
Any Department of Defense public-private competition that exceeds
the time limits established in section 2461(a) shall be reviewed by the
Secretary of Defense and considered for termination. If the Secretary
of Defense does not terminate the competition, he shall report to
Congress on the reasons for his decision.
SEC. 324. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (10 U.S.C. 4551 note), as amended by section
341 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 69), is amended--
(1) in subsection (a), by striking ``2010'' and inserting
``2011''; and
(2) in subsection (g)(1), by striking ``2010'' and
inserting ``2011''.
SEC. 325. MODIFICATION OF DATE FOR SUBMITTAL TO CONGRESS OF ANNUAL
REPORT ON FUNDING FOR PUBLIC AND PRIVATE PERFORMANCE OF
DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS.
Section 2466(d)(1) of title 10, United States Code, is amended by
striking ``April 1 of each year'' and inserting ``90 days after the
date on which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105 of title 31''.
Subtitle D--Energy Provisions
SEC. 331. ENERGY SECURITY ON DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Plan for Energy Security Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop a plan for identifying and addressing areas in which
the electricity needed to carry out critical military missions
on Department of Defense installations is vulnerable to
disruption.
(2) Elements.--The plan developed under paragraph (1) shall
include, at a minimum, the following:
(A) An identification of the areas of vulnerability
as described in paragraph (1), and an identification of
priorities in addressing such areas of vulnerability.
(B) A schedule for the actions to be taken by the
Department to address such areas of vulnerability.
(C) A strategy for working with other public or
private sector entities to address such areas of
vulnerability that are beyond the control of the
Department.
(b) Work With Non-Department of Defense Entities.--
(1) In general.--The Secretary of Defense shall work with
other Federal entities, and with State and local government
entities, to develop any regulations or other mechanisms needed
to require or encourage actions to address areas of
vulnerability identified pursuant to the plan developed under
subsection (a) that are beyond the control of the Department of
Defense.
(2) Contract authority.--Where necessary to achieve the
purposes of this section, the Secretary may enter into a
contract, grant, or other agreement with one or more
appropriate public or private sector entities under which such
entity or entities agree to carry out actions required to
address areas of vulnerability identified pursuant to the plan
developed under subsection (a) that are beyond the control of
the Department. Any such contract, grant, or agreement may
provide for the full or partial reimbursement of the entity
concerned by the Department for actions taken by the entity
under such contract, grant, or agreement.
SEC. 332. EXTENSION AND EXPANSION OF REPORTING REQUIREMENTS REGARDING
DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAMS.
(a) New Reporting Requirements.--Section 317(e) of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1054) is amended to read as follows:
``(e) Reporting Requirements.--
``(1) In general.--Not later one year after the date of the
enactment of this Act, and each January 1 thereafter through
2020, the Secretary shall submit to the congressional defense a
report regarding progress made toward achieving the energy
efficiency goals of the Department of Defense, consistent with
the provisions of section 303 of Executive Order 13123 (64 Fed.
Reg. 30851; 42 U.S.C. 8521 note) and section 11(b) of Executive
Order 13423 (72 Fed. Reg. 3919; 42 U.S.C. 4321 note).
``(2) Reports submitted after january 1, 2009.--Each report
required under paragraph (1) that is submitted after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2010 shall include the following:
``(A) A table detailing funding, by account, for
all energy projects and investments.
``(B) A description of the funding and steps taken
to achieve the renewable energy goals in the Energy
Policy Act of 2005 (42 U.S.C. 15801 et seq.) and
Executive Order 13423 by fiscal year 2015, and section
2911(e) of title 10, United States Code, by fiscal year
2025.
``(C) A description of steps taken to ensure that
facility and installation management goals are
consistent with current legislative and other
requirements, including applicable requirements under
the Energy Independence and Security Act of 2007
(Public Law 110-140).
``(D) A description of steps taken to determine
best practices for measuring energy consumption in
Department of Defense facilities and installations in
order to use the data for better energy management.
``(E) A description of steps taken to comply with
requirements of the Energy Independence and Security
Act of 2007, including new design and construction
requirements for buildings.
``(F) A description of steps taken to comply with
section 533 of the National Energy Conservation Policy
Act (42 U.S.C. 8259b), regarding the supply by the
General Services Administration and the Defense
Logistics Agency of Energy Star and Federal Energy
Management Program (FEMP) designated products to its
Department of Defense customers.
``(G) A description of steps taken to encourage the
use of Energy Star and FEMP designated products at
military installations in government or contract
maintenance activities.
``(H) A description of steps taken to comply with
standards for projects built using appropriated funds
and established by the Energy Independence and Security
Act of 2007 for privatized construction projects,
whether residential, administrative, or industrial.
``(I) A description of any other issues and
strategies the Secretary determines relevant to a
comprehensive and renewable energy policy.''.
(b) Additional Material Required for First Expanded Report.--The
first report submitted by the Secretary of Defense under section 317(e)
of the National Defense Authorization Act for Fiscal Year 2002 (Public
Law 107-107; 115 Stat. 1054), as amended by subsection (a), after the
date of the enactment of this Act shall include, in addition to the
matters required under such section, the following:
(1) A determination of whether the existing tools, such as
the Energy Conservation Investment Program (ECIP) and the
Energy Savings Performance Contracts (ESPC) program, are
sufficient to support renewable energy projects to achieve the
Department's installation energy goals, or if new funding
mechanisms would be beneficial.
(2) An appropriate goal or goals for the use of alternative
fuels for ground vehicles, aircraft, sea vessels, and
applicable weapons systems, taking into consideration a broad
range of factors, including cost, availability, technological
feasibility, energy independence and security, and
environmental impact.
(3) A determination of the cost and feasibility of a policy
that would require new power generation projects established on
installations to be able to switch to provide power for
military operations in the event of a commercial grid outage.
(4) An assessment of the extent to which State and regional
laws and regulations and market structures provide
opportunities or obstacles to establish renewable energy
projects on military installations.
(5) A determination of the cost and feasibility of
developing or acquiring equipment or systems that would result
in the complete use of renewable energy sources at contingency
locations.
(6) A determination of the cost and feasibility of
implementing the recommendations of the 2008 Defense Science
Board Report entitled, ``More Fight - Less Fuel''.
SEC. 333. ALTERNATIVE AVIATION FUEL INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) Dependence on foreign sources of oil is detrimental to
the national security of the United States due to possible
disruptions in supply.
(2) The Department of Defense is the largest single
consumer of fuel in the United States.
(3) The United States Air Force is the largest consumer of
fuel in the Department of Defense.
(4) The dramatically fluctuating price of fuel can have a
significant budgetary impact on the Department of Defense.
(5) The United States Air Force uses about 2,600,000,000
gallons of jet fuel a year, or 10 percent of the entire
domestic market in aviation fuel.
(6) The Air Force's Alternative Aviation Fuel Initiative
includes certification and testing of both biomass-derived
(``biofuel'') and synthetic fuel blends produced via the
Fischer-Tropsch (FT) process. By not later than December 31,
2016, the Air Force will be prepared to cost competitively
acquire 50 percent of the Air Force's domestic aviation fuel
requirement via an alternative fuel blend in which the
alternative component is derived from domestic sources produced
in a manner that is greener than fuels produced from
conventional petroleum.
(7) The Air Force Energy Program will provide options to
reduce the use of foreign oil, by focusing on expanding
alternative energy options that provide favorable environmental
attributes as compared to currently-available options.
(b) Continuation of Initiatives.--
(1) In general.--The Secretary of the Air Force shall
continue the alternative aviation fuel initiatives of the Air
Force with a goal of--
(A) certifying its aircraft, applicable vehicles
and support equipment, and associated storage and
distribution infrastructure for unrestricted
operational use of a synthetic fuel blend by early
2011;
(B) being prepared to acquire 50 percent of its
domestic aviation fuel requirement from alternative or
synthetic fuels (including blends of alternative or
synthetic fuels with conventional fuels) by not later
than December 31, 2016, provided that--
(i) the lifecycle greenhouse gas emissions
associated with the production and combustion
of such fuel shall be equal to or lower than
such emissions from conventional fuels that are
used in the same application, as determined in
accordance with guidance by the Department of
Energy and the Environmental Protection Agency;
and
(ii) prices for such fuels are cost
competitive with petroleum-based alternatives
that are used for the same functions;
(C) taking actions in collaboration with the
commercial aviation industry and equipment
manufacturers to spur the development of a domestic
alternative aviation fuel industry; and
(D) taking actions in collaboration with other
Federal agencies, the commercial sector, and academia
to solicit for and test the next generation of
environmentally-friendly alternative aviation fuels.
(2) Adjustment of goal.--The Secretary of the Air Force may
adjust the goal of acquiring 50 percent of Air Force domestic
fuel requirements from alternative or synthetic fuels by not
later than December 31, 2016, if the Secretary determines in
writing that it would not be practicable, or in the best
interests of the Air Force, to do so and informs the
congressional defense committees within 30 days of the basis
for such determination.
(3) Annual report.--Not later than 180 days after the date
of the enactment of this Act and annually thereafter in each of
fiscal years 2011 through 2016, the Secretary of Defense, in
consultation with the Secretary of the Air Force, shall submit
to Congress a report on the progress of the alternative
aviation fuel initiative program, including--
(A) the status of aircraft fleet certification,
until complete;
(B) the quantities of alternative or synthetic
fuels (including blends of alternative or synthetic
fuels with conventional fuels) purchased for use by the
Air Force in the fiscal year ending in such year;
(C) progress made against published goals for such
fiscal year;
(D) the status of recovery plans to achieve any
goals set for previous years that were not achieved;
and
(E) the establishment or adjustment of goals and
objectives for the current fiscal year or for future
years.
(c) Annual Report for Army and Navy.--Not later than 180 days after
the date of the enactment of this Act, and annually thereafter in each
of fiscal years 2011 through 2016, the Secretary of the Army and the
Secretary of the Navy shall each submit to Congress a report on goals
and progress to research, test, and certify the use of alternative
fuels in their respective aircraft fleets.
(d) Defense Science Board Review.--
(1) Report required.--Not later than October 1, 2011, the
Defense Science Board shall report to the Secretary of Defense
on the feasibility and advisability of achieving the goals
established in subsection (b)(1). The report shall address--
(A) the technological and economic achievability of
the goals;
(B) the impact of actions required to meet such
goals on the military readiness of the Air Force,
energy costs, environmental performance, and dependence
on foreign oil; and
(C) any recommendations the Defense Science Board
may have for improving the Air Force program.
(2) Submission to congress.--Not later than 30 days after
receiving the report required by under paragraph (1), the
Secretary of Defense shall forward the report to Congress,
together with the comments and recommendations of the
Secretary.
SEC. 334. AUTHORIZATION OF APPROPRIATIONS FOR DIRECTOR OF OPERATIONAL
ENERGY.
Of the amounts authorized to be appropriated for Operation and
Maintenance, Defense-wide, $5,000,000 is for the Director of
Operational Energy Plans and Programs to carry out the duties
prescribed for the Director under section 139b of title 10, United
States Code, to be made available upon the confirmation of an
individual to serve as the Director of Operational Energy Plans and
Programs.
SEC. 335. DEPARTMENT OF DEFENSE PARTICIPATION IN PROGRAMS FOR
MANAGEMENT OF ENERGY DEMAND OR REDUCTION OF ENERGY USAGE
DURING PEAK PERIODS.
(a) In General.--Subchapter I of chapter 173 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2919. Department of Defense participation in programs for
management of energy demand or reduction of energy usage
during peak periods
``(a) Participation in Demand Response or Load Management
Programs.--The Secretary of Defense, the Secretaries of the military
departments, the heads of the Defense Agencies, and the heads of other
instrumentalities of the Department of Defense are authorized to
participate in demand response programs for the management of energy
demand or the reduction of energy usage during peak periods conducted
by any of the following parties:
``(1) An electric utility
``(2) An independent system operator.
``(3) A State agency.
``(4) A third party entity (such as a demand response
aggregator or curtailment service provider) implementing demand
response programs on behalf of an electric utility, independent
system operator, or State agency.
``(b) Treatment of Certain Financial Incentives.--Financial
incentives received from an entity specified in subsection (a) shall be
received in cash and deposited into the Treasury as a miscellaneous
receipt. Amounts received shall be available for obligation only to the
extent provided in advance in an appropriations Act. The Secretary
concerned or the head of the Defense Agency or other instrumentality,
as the case may be, shall pay for the cost of the design and
implementation of these services in full in the year in which they are
received from amounts provided in advance in an appropriations Act.
``(c) Use of Certain Financial Incentives.--Of the amounts derived
from financial incentives awarded to a military installation as
described in subsection (b) and provided for in advance by an
appropriations Act--
``(1) not less than 100 percent shall be made available for
use at such military installation; and
``(2) not less than 30 percent shall be made available for
energy management initiatives at such installation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2919. Department of Defense participation in programs for management
of energy demand or reduction of energy
usage during peak periods.''.
Subtitle E--Reports
SEC. 341. STUDY ON ARMY MODULARITY.
(a) Study.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into a contract with a Federally Funded Research and
Development Center (FFRDC) to conduct a study on the current
and planned modularity structures of the Army to determine the
following:
(A) The operational capability of the Army to
execute its core mission to contribute land power to
joint operations.
(B) The ability to manage flexibility and
versatility of Army forces across the range of military
operations.
(C) The tactical, operational, and strategic risk
associated with the heavy and light modular combat
brigades and functional brigades.
(D) The required and planned end strength for the
Army.
(2) Factors to consider.--The study required under
subsection (a) shall take into consideration the following
factors:
(A) The Army's historical experience with separate
brigade structures.
(B) The original Army analysis, including explicit
or implicit assumptions, upon which the brigade combat
team, functional brigade, and higher headquarters'
designs were based.
(C) Subsequent analysis that confirmed or modified
the original designs.
(D) Lessons learned from Operations Iraqi Freedom
and Enduring Freedom that confirmed or modified the
original designs.
(E) Improvements in brigade and headquarters
designs the Army has made or is implementing.
(3) Access to information.--The Secretary of Defense and
the Secretary of the Army shall ensure that the FFRDC
conducting the study has access to all necessary data, records,
analysis, personnel, and other resources necessary to complete
the study.
(b) Report.--Not later than December 31, 2010, the Secretary of
Defense shall submit to the congressional defense committees a report
containing the results of the study conducted under subsection (a),
together with comments by the Chief of Staff of the Army and the
Secretary of Defense.
SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACHMENT AT TRAINING RANGES.
Section 366(a)(5) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 113 note) is
amended--
(1) by striking ``(5) At the same time'' and inserting
``(5)(A) At the same time''; and
(2) by adding at the end the following new subparagraph:
``(B) Beginning with the report submitted to Congress at the same
time as the President submits the budget for fiscal year 2011, the
report required under this subsection shall include the following:
``(i) An assessment of the extent to which vegetation and
overgrowth limits the use of military lands available for
training of the Armed Forces in the United States and overseas.
``(ii) Identification of the particular installations and
training areas at which vegetation and overgrowth negatively
impact the use of training space.
``(iii)(I) As part of the first such report submitted, a
plan to address training constraints caused by vegetation and
overgrowth.
``(II) As part of each subsequent report, any necessary
updates to such plan.''.
SEC. 343. REPORT ON STATUS OF AIR NATIONAL GUARD AND AIR FORCE RESERVE.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the Secretary of
the Air Force, the Chief of the National Guard Bureau, the Director of
the Air National Guard, the Chief of the Air Force Reserve, and such
other officials as the Secretary of Defense considers appropriate,
shall submit to Congress a report on--
(1) the status of the Air National Guard and the Air Force
Reserve; and
(2) the plans of the Department of Defense to ensure that
the Air National Guard and the Air Force Reserve remain ready
to meet the requirements of the Air Force and the combatant
commands and for homeland defense.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
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. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE-DUTY END
STRENGTHS FOR FISCAL YEARS 2010, 2011, AND 2012.
(a) Authority To Increase Army Active-Duty End Strength.--
(1) Authority.--For each of fiscal years 2010, 2011, and
2012, the Secretary of Defense may, as the Secretary determines
necessary for the purposes specified in paragraph (2),
establish the active-duty end strength for the Army at a number
greater than the number otherwise authorized by law up to the
number equal to the fiscal-year 2010 baseline plus 30,000.
(2) Purpose of increases.--The purposes for which an
increase may be made in the active duty end strength for the
Army under paragraph (1) are the following:
(A) To increase dwell time for members of the Army
on active duty.
(B) To support operational missions.
(C) To achieve reorganizational objectives,
including increased unit manning, force stabilization
and shaping, and supporting wounded warriors.
(b) Relationship to Presidential Waiver Authority.--Nothing in this
section shall be construed to limit the authority of the President
under section 123a of title 10, United States Code, to waive any
statutory end strength in a time of war or national emergency.
(c) Relationship to Other Variance Authority.--The authority in
subsection (a) is in addition to the authority to vary authorized end
strengths that is provided in subsections (e) and (f) of section 115 of
title 10, United States Code.
(d) Budget Treatment.--
(1) In general.--If the Secretary of Defense increases
active-duty end strength for the Army for fiscal year 2010
under subsection (a), the Secretary may fund such an increase
through Department of Defense reserve funds or through an
emergency supplemental appropriation.
(2) Fiscal years 2011 and 2012.--(2) If the Secretary of
Defense plans to increase the active-duty end strength for the
Army for fiscal year 2011 or 2012, the budget for the
Department of Defense for such fiscal year as submitted to
Congress shall include the amounts necessary for funding the
active-duty end strength for the Army in excess of the fiscal-
year 2010 baseline.
(e) Definitions.--In this section:
(1) Fiscal-year 2010 baseline.--The term ``fiscal-year 2010
baseline'', with respect to the Army, means the active-duty end
strength authorized for the Army in section 401(1).
(2) Active-duty end strength.--The term ``active-duty end
strength'', with respect to the Army for a fiscal year, means
the strength for active duty personnel of Army as of the last
day of the fiscal year.
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) Adjustments.--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.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
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, 1,600.
(B) For the Air National Guard of the United
States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2010, may not exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2010, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2010, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 416. REPORT ON TRAINEE ACCOUNT FOR THE ARMY NATIONAL GUARD.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a report setting forth an assessment
of the establishment within the Army National Guard of a trainees,
transients, holdees, and students account (commonly referred to as a
``TTHS'' account).
(b) Elements.--The report required by subsection (a) shall include
an assessment of the feasibility and advisability of permitting the
Army National Guard to have, without regard to its authorized end
strength levels for a fiscal year, a trainees, transients, holdees, and
students account for assigning all members of the Army National Guard
who have not completed initial entry training in order to ensure that
all personnel of fully manned and deployable units of the Army National
Guard have completed initial entry training.
SEC. 417. AUTHORITY FOR SERVICE SECRETARY VARIANCES FOR SELECTED
RESERVE END STRENGTHS.
Section 115(g) of title 10, United States Code, is amended to read
as follows:
``(g) Authority for Service Secretary Variances for Active-Duty and
Selected Reserve End Strengths.--(1) Upon determination by the
Secretary of a military department that such action would enhance
manning and readiness in essential units or in critical specialties or
ratings, the Secretary may--
``(A) increase the end strength authorized pursuant to
subsection (a)(1)(A) for a fiscal year for the armed force
under the jurisdiction of that Secretary or, in the case of the
Secretary of the Navy, for any of the armed forces under the
jurisdiction of that Secretary, by a number equal to not more
than 2 percent of such authorized end strength; and
``(B) increase the end strength authorized pursuant to
subsection (a)(2) for a fiscal year for the Selected Reserve of
the reserve component of the armed force under the jurisdiction
of that Secretary or, in the case of the Secretary of the Navy,
for the Selected Reserve of the reserve component of any of the
armed forces under the jurisdiction of that Secretary, by a
number equal to not more than 2 percent of such authorized end
strength.
``(2) Any increase under paragraph (1) of the end strength for an
armed force or the Selected Reserve of a reserve component of an armed
force shall be counted as part of the increase for that armed force or
Selected Reserve for that fiscal year authorized under subsection
(f)(1) or subsection (f)(3), respectively.''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated for fiscal year 2010 for the Department of Defense for
military personnel amounts as follows:
(1) For military personnel, $124,864,942,000.
(2) For contributions to the Medicare-Eligible Retiree
Health Fund, $10,751,339,000.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2010.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG OFFICERS ON
ACTIVE DUTY.
(a) Clarification of Distribution Limits.--Section 525 of title 10,
United States Code, is amended by striking subsections (a) and (b) and
inserting the following new subsections:
``(a) For purposes of the applicable limitation in section 526(a)
of this title on general and flag officers on active duty, no
appointment of an officer on the active duty list may be made as
follows:
``(1) in the Army, if that appointment would result in more
than--
``(A) 7 officers in the grade of general;
``(B) 45 officers in a grade above the grade of
major general; or
``(C) 90 officers in the grade of major general;
``(2) in the Air Force, if that appointment would result in
more than--
``(A) 9 officers in the grade of general;
``(B) 43 officers in a grade above the grade of
major general; or
``(C) 73 officers in the grade of major general;
``(3) in the Navy, if that appointment would result in more
than--
``(A) 6 officers in the grade of admiral;
``(B) 32 officers in a grade above the grade of
rear admiral; or
``(C) 50 officers in the grade of rear admiral;
``(4) in the Marine Corps, if that appointment would result
in more than--
``(A) 2 officers in the grade of general;
``(B) 15 officers in a grade above the grade of
major general; or
``(C) 22 officers in the grade of major general.
``(b)(1) The limitations of subsection (a) do not include the
following:
``(A) An officer released from a joint duty assignment, but
only during the 60-day period beginning on the date the officer
departs the joint duty assignment, except that the Secretary of
Defense may authorize the Secretary of a military department to
extend the 60-day period by an additional 120 days, but no more
than 3 officers from each armed forces may be on active duty
who are excluded under this subparagraph.
``(B) An officer while serving in the position of Staff
Judge Advocate to the Commandant of the Marine Corps under
section 5046 of this title.
``(C) The number of officers required to serve in joint
duty assignments as authorized by the Secretary of Defense
under section 526(b) for each military service.
``(D) An officer while serving as Chief of the National
Guard Bureau.
``(2) An officer of the Army while serving as Superintendent of the
United States Military Academy, if serving in the grade of lieutenant
general, is in addition to the number that would otherwise be permitted
for the Army for officers serving on active duty in grades above major
general under subsection (a). An officer of the Navy or Marine Corps
while serving as Superintendent of the United States Naval Academy, if
serving in the grade of vice admiral or lieutenant general, is in
addition to the number that would otherwise be permitted for the Navy
or Marine Corps, respectively, for officers serving on active duty in
grades above major general or rear admiral under subsection (a). An
officer while serving as Superintendent of the United States Air Force
Academy, if serving in the grade of lieutenant general, is in addition
to the number that would otherwise be permitted for the Air Force for
officers serving on active duty in grades above major general under
subsection (a).''.
(b) Clarification on Offsetting Reductions.--Subsection (c) of such
section is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as
follows:
``(A) may make appointments in the Army, Air Force, and
Marine Corps in the grades of lieutenant general and general in
excess of the applicable numbers determined under this section
if each such appointment is made in conjunction with an
offsetting reduction under paragraph (2); and''; and
(B) in subparagraph (B), by striking ``subsection
(b)(2)'' and inserting ``this section'';
(2) in paragraph (3)(A), by striking ``the number equal to
10 percent of the total number of officers that may be serving
on active duty in those grades in the Army, Navy, Air Force,
and Marine Corps under subsection (b)'' and inserting ``15'';
and
(3) in paragraph (3)(B), by striking ``the number equal to
15 percent of the total number of officers that may be serving
on active duty in those grades in the Army, Navy, Air Force,
and Marine Corps'' and inserting ``5''.
(c) Other Distribution Clarifications.--Such section is further
amended--
(1) in subsection (e), by striking ``In determining the
total number of general officers or flag officers of an armed
force on active duty for purposes of this section, the
following officers shall not be counted:'' in the matter
preceding paragraph (1) and inserting ``The following officers
shall not be counted for purposes of this section:''; and
(2) by adding at the end the following new subsection:
``(g) The limitations of this section do not apply to a reserve
component general or flag officer who is on active duty and serving in
a position that is a joint duty assignment for the purposes of chapter
38 of this title for a period not to exceed three years.''.
(d) Change to Authorized Strengths.--Subsection (a) of section 526
of such title is amended--
(1) in paragraph (1), by striking ``307'' and inserting
``230'';
(2) in paragraph (2), by striking ``216'' and inserting
``160'';
(3) in paragraph (3), by striking ``279'' and inserting
``208''; and
(4) in paragraph (4), by striking ``81'' and inserting
``60''.
(e) Changes to Limited Exclusion for Joint Duty Requirements.--
Subsection (b) of such section is amended--
(1) in paragraph (1)--
(A) by striking ``Chairman of the Joint Chiefs of
Staff'' and inserting ``Secretary of Defense'';
(B) by striking ``65'' and inserting ``324''; and
(C) by striking the second sentence and inserting
the following new sentence: ``The Secretary of Defense
shall allocate those exclusions to the armed forces
based on the number of general or flag officers
required from each armed force for assignment to these
designated positions.'';
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) Unless the Secretary of Defense determines that a lower
number is in the best interest of the Department, the minimum number of
officers serving in positions designated under paragraph (1) for each
armed force shall be as follows:
``(A) For the Army, 85.
``(B) For the Navy, 61.
``(C) For the Air Force, 76.
``(D) For the Marine Corps, 21.
``(3) The number excluded under paragraph (1) and serving in
positions designated under that paragraph--
``(A) in the grade of general or admiral may not exceed 20;
``(B) in a grade above the grade of major general or rear
admiral may not exceed 68; and
``(C) in the grade of major general or rear admiral may not
exceed 144.''.
(f) Other Authorization Clarifications.--Such section is further
amended--
(1) in subsection (d), by adding at the end the following
new paragraph:
``(3) The limitations of this section do not apply to a reserve
component general or flag officer who is on active duty and serving in
a position that is a joint duty assignment for the purposes of chapter
38 of this title for a period not to exceed three years.''; and
(2) by adding at the end the following new subsections:
``(g) Temporary Exclusion for Assignment to Certain Temporary
Billets.--(1) The limitations in subsection (a) and in section 525(a)
of this title do not apply to a general or flag officer assigned to a
temporary joint duty assignment designated by the Secretary of Defense.
``(2) A general or flag officer assigned to a temporary joint duty
assignment as described in paragraph (1) may not be excluded under this
subsection from the limitations in subsection (a) for a period of
longer than one year.
``(h) Exclusion of Officers Departing From Joint Duty
Assignments.--The limitations in subsection (a) do not apply to an
officer released from a joint duty assignment, but only during the 60-
day period beginning on the date the officer departs the joint duty
assignment; except that the Secretary of Defense may authorize the
Secretary of a military department to extend the 60-day by an
additional 120 days, but no more than 3 officers from each armed force
may be on active duty who are excluded under this subsection.''.
(g) Repeal of Limitations on General and Flag Officer Activities
Outside the Officer's Own Service.--
(1) Repeal.--Section 721 of such title is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 41 of such title is amended by striking
the item relating to section 721.
(h) Repeal of Superseded Authority.--Section 506 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4434; 10 U.S.C. 525 note) is repealed.
SEC. 502. REVISIONS TO ANNUAL REPORT REQUIREMENT ON JOINT OFFICER
MANAGEMENT.
Section 667 of title 10, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``and their education
and experience'';
(2) by striking paragraph (3);
(3) by transferring subparagraph (B) of paragraph (4) to
the end of paragraph (1), redesignating that subparagraph as
subparagraph (C), aligning that subparagraph with the margin of
subparagraph (B) of paragraph (1), and capitalizing the first
word of that subparagraph;
(4) by striking the remainder of paragraph (4), as amended
by paragraph (3) of this section;
(5) by redesignating paragraph (5) as paragraph (3);
(6) by striking paragraph (6);
(7) by redesignating paragraphs (7) through (11) as
paragraphs (4) through (8), respectively;
(8) by redesignating paragraph (12) as paragraph (9) and in
that paragraph striking ``each time the'' and all that follows
and inserting ``the principal courses of instruction for Joint
Professional Military Education Level II, the number of
officers graduating from each of the following:
``(A) The Joint Forces Staff College.
``(B) The National Defense University.
``(C) Senior Service Schools.''; and
(9) by redesignating paragraph (13) as paragraph (10).
SEC. 503. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT CHIEFS OF
STAFF.
(a) In General.--Section 156(c) of title 10, United States Code, is
amended by striking ``, while so serving, hold the'' and inserting ``be
appointed in the regular''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to individuals appointed as Legal Counsel to the Chairman
of the Joint Chiefs of Staff on or after that date.
SEC. 504. CHIEF AND DEPUTY CHIEF OF CHAPLAINS OF THE AIR FORCE.
(a) In General.--Chapter 805 of title 10, United States Code, is
amended by inserting after section 8038 the following new section:
``Sec. 8039. Chief and Deputy Chief of Chaplains: appointment; duties
``(a) Chief of Chaplains.--(1) There is a Chief of Chaplains in the
Air Force, who shall be appointed by the President, by and with the
advice and consent of the Senate, from active duty officers of the Air
Force Chaplain Corps serving in the grade of colonel or above who have
served on active duty as a chaplain for at least eight years.
``(2) An officer appointed as the Chief of Chaplains shall be
appointed for a term of three years. However, the President may
terminate or extend the appointment at any time.
``(3) The Chief of Chaplains shall be appointed in the regular
grade of major general.
``(4) The Chief of Chaplains shall perform such duties as may be
prescribed by the Secretary of the Air Force and by law.
``(b) Deputy Chief of Chaplains.--(1) There is a Deputy Chief of
Chaplains in the Air Force who shall be appointed by the President by
and with the advice and consent of the Senate from active duty officers
of the Air Force Chaplain Corps serving in the grade of colonel who
have served on active duty as a chaplain for at least eight years.
``(2) An officer appointed as the Deputy Chief of Chaplains shall
be appointed for a term of three years. However, the President may
terminate or extend the appointment at any time.
``(3) The Deputy Chief of Chaplains shall be appointed in the
regular grade of brigadier general.
``(4) The Deputy Chief of Chaplains shall perform such duties as
may be prescribed by the Secretary of the Air Force, the Chief of
Chaplains, and by law.
``(c) Selection of Recommended Officers Through Selection Board
Procedures.--Under regulations approved by the Secretary of Defense,
the Secretary of the Air Force in selecting an officer for
recommendation to the President under subsection (a) for appointment as
the Chief of Chaplains or under subsection (b) for appointment as the
Deputy Chief of Chaplains shall ensure that the officer selected is
recommended by a board of officers that, insofar as is practicable, is
subject to the procedures applicable to selection boards convened under
chapter 36 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 805 of such title is amended by inserting after the item
related to section 8038 the following new item:
``8039. Chief and Deputy Chief of Chaplains: appointment; duties.''.
Subtitle B--Reserve Component Management
SEC. 511. REPORT ON REQUIREMENTS OF THE NATIONAL GUARD FOR NON-DUAL
STATUS TECHNICIANS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report setting forth the following:
(1) A description of the types of duties performed for the
National Guard by non-dual status technicians.
(2) A description of the current requirements of the
National Guard for non-dual status technicians.
(3) A description of various means of addressing any
shortfalls in meeting such requirements, including both
temporary shortfalls and permanent shortfalls.
(b) Considerations.--The report required by subsection (a) shall
take into consideration the effects of the mobilization of large
numbers of National Guard military technicians (dual status) on the
readiness of National Guard units in critically important areas and on
the capacity of the National Guard to continue performing home-based
missions and responsibilities for the States.
Subtitle C--Education and Training
SEC. 521. GRADE OF COMMISSIONED OFFICERS IN UNIFORMED MEDICAL ACCESSION
PROGRAMS.
(a) Medical Students of USUHS.--Section 2114(b) of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking the second sentence and
inserting the following new sentences: ``Each medical student
shall be appointed as a regular officer in the grade of second
lieutenant or ensign. An officer so appointed may, upon meeting
such criteria for promotion as may be prescribed by the
Secretary concerned, be appointed in the regular grade of first
lieutenant or lieutenant (junior grade). Medical students
commissioned under this section shall serve on active duty in
their respective grades.''; and
(2) in paragraph (2), by striking ``grade of second
lieutenant or ensign'' and inserting ``grade in which the
member is serving under paragraph (1)''.
(b) Participants in Health Professions Scholarship and Financial
Assistance Program.--Section 2121(c) of such title is amended--
(1) in paragraph (1), by striking the second sentence and
inserting the following new sentences: ``Each person so
commissioned shall be appointed as a reserve officer in the
grade of second lieutenant or ensign. An officer so appointed
may, upon meeting such criteria for promotion as may be
prescribed by the Secretary concerned, be appointed in the
reserve grade of first lieutenant or lieutenant (junior grade).
Medical students commissioned under this section shall serve on
active duty in their respective grades for a period of 45 days
during each year of participation in the program.''; and
(2) in paragraph (2), by striking ``grade of second
lieutenant or ensign'' and inserting ``grade in which the
member is serving under paragraph (1)''.
(c) Officers Detailed as Students at Medical Schools.--Subsection
(e) of section 2004a of such title is amended--
(1) in the subsection heading, by striking ``Appointment
and Treatment of Prior Active Service'' and inserting ``Service
on Active Duty''; and
(2) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) A commissioned officer detailed under subsection (a) shall
serve on active duty, subject to the limitations on grade specified in
section 2114(b)(1) of this title and with the entitlement to basic pay
as specified in section 2114(b)(2) of this title.''.
SEC. 522. EXPANSION OF CRITERIA FOR APPOINTMENT AS MEMBER OF THE BOARD
OF REGENTS OF THE UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
Section 2113a(b)(1) of title 10, United States Code, is amended by
striking ``health and health education'' and inserting ``health care,
higher education administration, and public policy''.
SEC. 523. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT SCHOOLS OF
PSYCHOLOGY.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by inserting after section 2004 the following new section:
``Sec. 2004a. Detail of commissioned officers as students at schools of
psychology
``(a) Detail Authorized.--The Secretary of each military department
may detail commissioned officers of the armed forces as students at
accredited schools of psychology located in the United States for a
period of training leading to the degree of Doctor of Philosophy in
clinical psychology. No more than 25 officers from each military
department may commence such training in any single fiscal year.
``(b) Eligibility for Detail.--To be eligible for detail under
subsection (a), an officer must be a citizen of the United States and
must--
``(1) have served on active duty for a period of not less
than two years nor more than six years and be in the pay grade
0-3 or below as of the time the training is to begin; and
``(2) sign an agreement that unless sooner separated the
officer will--
``(A) complete the educational course of
psychological training;
``(B) accept transfer or detail as a commissioned
officer within the military department concerned when
the officer's training is completed; and
``(C) agree to serve, following completion of the
officer's training, on active duty (or on active duty
and in the Selected Reserve) for a period as specified
pursuant to subsection (c).
``(c) Service Obligation.--(1) Except as provided in paragraph (2),
the agreement of an officer under subsection (b) shall provide that the
officer shall serve on active duty for two years for each year or part
thereof of the officer's training under subsection (a).
``(2) The agreement of an officer may authorize the officer to
serve a portion of the officer's service obligation on active duty and
to complete the service obligation that remains upon separation from
active duty in the Selected Reserve. Under any such agreement, an
officer shall serve three years in the Selected Reserve for each year
or part thereof of the officer's training under subsection (a) for any
service obligation that was not completed before separation from active
duty.
``(d) Selection of Officers for Detail.--Officers detailed for
training under subsection (a) shall be selected on a competitive basis
by the Secretary of the military department concerned.
``(e) Relation of Service Obligations to Other Service
Obligations.--Any service obligation incurred by an officer under an
agreement entered into under subsection (b) shall be in addition to any
service obligation incurred by the officer under any other provision of
law or agreement.
``(f) Expenses.--Expenses incident to the detail of officers under
this section shall be paid from any funds appropriated for the military
department concerned.
``(g) Failure to Complete Program.--(1) An officer who is dropped
from a program of psychological training to which detailed under
subsection (a) for deficiency in conduct or studies, or for other
reasons, may be required to perform active duty in an appropriate
military capacity in accordance with the active duty obligation imposed
on the officer under regulations issued by the Secretary of Defense for
purposes of this section.
``(2) In no case shall an officer be required to serve on active
duty under paragraph (1) for any period in excess of one year for each
year or part thereof the officer participated in the program.
``(h) Limitation on Details.--No agreement detailing an officer of
the armed forces to an accredited school of psychology may be entered
into during any period in which the President is authorized by law to
induct persons into the armed forces involuntarily. Nothing in this
subsection shall affect any agreement entered into during any period
when the President is not authorized by law to so induct persons into
the armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of such title is amended by inserting after the item
relating to section 2004 the following new item:
``2004a. Detail of commissioned officers as students at schools of
psychology.''.
SEC. 524. AIR FORCE ACADEMY ATHLETIC ASSOCIATION.
(a) In General.--Chapter 903 of title 10, United States Code, is
amended by inserting after section 9361 the following new section:
``Sec. 9362. Air Force Academy athletic programs support
``(a) Establishment Authorized.--
``(1) In general.--The Secretary of the Air Force may, in
accordance with the laws of the State of incorporation,
establish a corporation to support the athletic programs of the
Academy (in this section referred to as the `corporation'). All
stock of the corporation shall be owned by the United States
and held in the name of and voted by the Secretary of the Air
Force.
``(2) Purpose.--The corporation shall operate exclusively
for charitable, educational, and civic purposes to support the
athletic programs of the Academy.
``(b) Corporate Organization.--The corporation shall be organized
and operated--
``(1) as a nonprofit corporation under section 501(c)(3) of
the Internal Revenue Code of 1986;
``(2) in accordance with this section; and
``(3) pursuant to the laws of the State of incorporation,
its articles of incorporation, and its bylaws.
``(c) Corporate Board of Directors.--
``(1) Compensation.--The members of the board of directors
shall serve without compensation, except for reasonable travel
and other related expenses for attendance at meetings.
``(2) Air force personnel.--The Secretary of the Air Force
may authorize military and civilian personnel of the Air Force
under section 1033 of this title to serve, in their official
capacities, as members of the board of directors, but such
personnel shall not hold more than one third of the
directorships.
``(d) Transfer From Nonappropriated Fund Operation.--The Secretary
of the Air Force may, subject to the acceptance of the corporation,
transfer to the corporation all title to and ownership of the assets
and liabilities of the Air Force nonappropriated fund instrumentality
whose functions include providing support for the athletic programs of
the Academy, including bank accounts and financial reserves in its
accounts, equipment, supplies, and other personal property, but
excluding any interest in real property.
``(e) Acceptance of Gifts.--The Secretary of the Air Force may
accept from the corporation funds, supplies, and services for the
support of cadets and Academy personnel during their participation in,
or in support of, Academy or corporate events related to the Academy
athletic programs.
``(f) Leasing.--The Secretary of the Air Force may, in accordance
with section 2667 of this title, lease real and personal property to
the corporation for purposes related to the Academy athletic programs.
Money rentals received from any such lease may be retained and spent by
the Secretary to support athletic programs 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
9361 the following new item:
``9362. Air Force Academy athletic programs support.''.
Subtitle D--Defense Dependents' Education Matters
SEC. 531. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2010 pursuant to section 301(a)(5) for operation and
maintenance for Defense-wide activities, $30,000,000 shall be available
only for the purpose of providing assistance to local educational
agencies under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base
Closures, Force Structure Changes, or Force Relocations.--Of the amount
authorized to be appropriated for fiscal year 2010 pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$10,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (b) of such
section 572, as amended by section 533 of this Act.
(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. 532. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2010
pursuant to section 301(a)(5) for operation and maintenance for
Defense-wide activities, $5,000,000 shall be available for payments
under section 363 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-77; 20 U.S.C. 7703a).
SEC. 533. TWO-YEAR EXTENSION OF AUTHORITY FOR ASSISTANCE TO LOCAL
EDUCATIONAL AGENCIES WITH ENROLLMENT CHANGES DUE TO BASE
CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS.
Section 572(b)(4) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C.
7703b(b)(4)) is amended by striking ``September 30, 2010'' and
inserting ``September 30, 2012''.
SEC. 534. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE DEPENDENTS'
EDUCATION SYSTEM OF DEPENDENTS OF FOREIGN MILITARY
MEMBERS ASSIGNED TO SUPREME HEADQUARTERS ALLIED POWERS,
EUROPE.
(a) Permanent Authority.--Subsection (a)(2) of section 1404A of the
Defense Dependents' Education Act of 1978 (20 U.S.C. 923a) is amended
by striking ``, and only through the 2010-2011 school year''.
(b) Combatant Commander Advice and Assistance.--Subsection (c)(1)
of such section is amended by inserting after ``Secretary'' the
following: ``, with the advice and assistance of the commander of the
geographic combatant command with jurisdiction over Mons, Belgium,''.
SEC. 535. STUDY ON OPTIONS FOR EDUCATIONAL OPPORTUNITIES FOR DEPENDENT
CHILDREN OF MEMBERS OF THE ARMED FORCES WHO DO NOT ATTEND
DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS.
(a) Study on Options for Educational Opportunities.--
(1) Study required.--The Secretary of Defense shall, in
consultation with the Secretary of Education, conduct a study
on options for educational opportunities that are, or may be,
available for dependent children of members of the Armed Forces
who do not attend Department of Defense dependents' schools
when the public elementary and secondary schools attended by
such children are determined to be in need of improvement
pursuant to the No Child Left Behind Act of 2001 (Public Law
110-117).
(2) Options.--The options to be considered under the study
required by paragraph (1) shall include the following:
(A) Vouchers.
(B) Education provided by the Department of Defense
through the Internet.
(C) Charter schools.
(D) Such other options as the Secretary of Defense,
in consultation with the Secretary of Education,
considers appropriate for purposes of the study.
(3) Elements.--The study required by paragraph (1) shall
address the following matters:
(A) The challenges faced by parents in military
families in securing quality elementary and secondary
education for their children when the public elementary
and secondary schools attended by their children are
identified as being in need of improvement.
(B) The extent to which perceptions of differing
degrees of quality in public elementary and secondary
schools in different regions of the United States
affect plans of military families to relocate,
including relocation pursuant to a permanent change of
duty station.
(C) The various reasons why military families seek
educational opportunities for their children other than
those available through local public elementary and
secondary schools.
(D) The current level of student achievement in
public elementary and secondary schools in school
districts which have a high percentage of students who
are children of military families.
(E) The educational needs of children of military
families who are required by location to attend public
elementary and secondary schools identified as being in
need of improvement.
(F) The value and impact of a school voucher or
other alternative educational program for military
families.
(G) The extent to which the options referred to in
paragraph (2) would provide a meaningful option for
education for military children when the public
elementary and secondary schools attended by such
children are determined to be in need of improvement.
(H) The extent to which the options referred to in
paragraph (2) would improve the quality of education
available for students with special needs, including
students with learning disabilities and gifted
students.
(I) Such other matters as the Secretary of Defense,
in consultation with the Secretary of Education,
considers appropriate for purposes of the study.
(b) Report.--Not later than March 31, 2010, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report on the study required by subsection (b). The report shall
include the following:
(1) A description of the results of the study.
(2) Such recommendations for legislative or administrative
action as the Secretary of Defense considers appropriate in
light of the results of the study.
SEC. 536. SENSE OF SENATE ON THE INTERSTATE COMPACT ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN.
(a) Findings.--The Senate makes the following findings:
(1) The incongruity in how States assess and enroll
transfer students creates challenges for the moving military
family and can, in some cases, be detrimental to the higher
education opportunities of military children.
(2) The inability to transfer credits, maintain the proper
number of school-year hours, missing exams, and other obstacles
can make moving as a military family difficult.
(3) The average military child moves six to nine times
between kindergarten and high school graduation, creating a
variety of challenges and obstacles related to permanent change
of station moves.
(4) The demands and strains on members of the Armed Forces
and their families continue to increase and will do so for the
foreseeable future as the United States continues overseas
contingency operations, and children and adolescents are
acutely vulnerable to family stresses caused by the high
operational tempo and may therefore be at a heightened risk for
emotional distress.
(5) The routine of the school environment can be a source
of stability for military children as they cope with the
disruptive challenges caused by the deployment of a parent or a
relocation.
(b) Sense of Senate.--It is the sense of the Senate to--
(1) express strong support and commendation for Alabama,
Alaska, Arizona, Colorado, Connecticut, Delaware, Florida,
Hawaii, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan,
Mississippi, Missouri, Nevada, North Carolina, Oklahoma, Texas,
Virginia, and Washington as States that have successfully
enacted the Interstate Compact on Educational Opportunity for
Military Children;
(2) express its strong support and encourage all remaining
States to enact the Interstate Compact on Educational
Opportunity for Military Children;
(3) recognize the importance of the components of the
Interstate Compact on Educational Opportunity for Military
Children, including--
(A) the transfer of educational records to expedite
the proper enrollment and placement of students;
(B) the ability of students to continue their
enrollment at a grade level in the receiving State
commensurate with their grade level from the sending
State;
(C) priority for attendance to children of members
of the Armed Forces assuming the school district
accepts transfer students;
(D) the ability of students to continue their
course placement, including but not limited to Honors,
International Baccalaureate, Advanced Placement,
vocational, technical, and career pathways courses;
(E) the recalculation of grades to consider the
weights offered by a receiving school for the same
performance in the same course when a student transfers
from one grading system to another system (for example,
number-based system to letter-based system);
(F) the waiver of specific courses required for
graduation if similar course work has been
satisfactorily completed in another local education
agency or the provision of an alternative means of
acquiring required coursework so that graduation may
occur on time; and
(G) the recognition of an appointed guardian as a
custodial parent while the child's parent or parents
are deployed; and
(4) express strong support for States to develop a State
Council to provide for the coordination among their agencies of
government, local education agencies, and military
installations concerning the participation of a State in the
Interstate Compact on Educational Opportunity for Military
Children.
SEC. 537. COMPTROLLER GENERAL AUDIT OF ASSISTANCE TO LOCAL EDUCATIONAL
AGENCIES FOR DEPENDENT CHILDREN OF MEMBERS OF THE ARMED
FORCES.
(a) In General.--The Comptroller General of the United States shall
conduct an audit of the utilization by local educational agencies of
the assistance specified in subsection (b) provided to such agencies
for fiscal years 2001 through 2009 for the education of dependent
children of members of the Armed Forces. The audit shall include--
(1) an evaluation of the utilization of such assistance by
such agencies; and
(2) an assessment of the effectiveness of such assistance
in improving the quality of education provided to dependent
children of members of the Armed Forces.
(b) Assistance Specified.--The assistance specified in this
subsection is--
(1) assistance provided under--
(A) section 572 the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3271; 20 U.S.C. 7703b);
(B) section 559 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 1917);
(C) section 536 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 117 Stat. 1474);
(D) section 341 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-
314; 116 Stat. 2514);
(E) section 351 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-
107; 115 Stat. 1063); or
(F) section 362 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat.
1654A-76); and
(2) payments made under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).
(c) Report.--Not later than March 1, 2010, the Comptroller General
shall submit to the congressional defense committees a report
containing the results of the audit required by subsection (a).
SEC. 538. AUTHORITY TO EXTEND ELIGIBILITY FOR ENROLLMENT IN DEPARTMENT
OF DEFENSE ELEMENTARY AND SECONDARY SCHOOLS TO CERTAIN
ADDITIONAL CATEGORIES OF DEPENDENTS.
Section 2164 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j) Tuition-Free Enrollment of Dependents of Foreign Military
Personnel Residing on Domestic Military Installations and Dependents of
Certain Deceased Members of the Armed Forces.--(1) The Secretary may
authorize the enrollment in an education program provided by the
Secretary pursuant to subsection (a) of a dependent not otherwise
eligible for such enrollment who is the dependent of an individual
described in paragraph (2). Enrollment of such a dependent shall be on
a tuition-free basis.
``(2) An individual referred to in paragraph (1) is any of the
following:
``(A) A member of a foreign armed force residing on a
military installation in the United States (including
territories, commonwealths, and possessions of the United
States).
``(B) A deceased member of the armed forces who died in the
line of duty in a combat-related operation, as designated by
the Secretary.''.
Subtitle E--Military Justice and Legal Assistance Matters
SEC. 541. INDEPENDENT REVIEW OF JUDGE ADVOCATE REQUIREMENTS OF THE
DEPARTMENT OF THE NAVY.
(a) Independent Panel for Review.--
(1) Establishment.--There is hereby established an
independent panel to review the judge advocate requirements of
the Department of the Navy.
(2) Composition.--The panel shall be composed of five
members, appointed by the Secretary of Defense from among
private United States citizens who have expertise in law,
military manpower policies, the missions of the Navy and Marine
Corps, and the current responsibilities of Navy and Marine
Corps judge advocates in ensuring competent legal
representation and advice to commanders.
(3) Chair.--The chair of the panel shall be appointed by
the Secretary from among the members of the panel appointed
under paragraph (2).
(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the panel. Any vacancy in the panel
shall be filled in the same manner as the original appointment.
(5) Meetings.--The panel shall meet at the call of the
chair.
(6) Deadline for appointments.--All original appointments
to the panel shall be made not later than April 1, 2010.
(7) First meeting.--The chair shall call the first meeting
of the panel not later than June 1, 2010.
(b) Duties.--
(1) In general.--The panel established under subsection (a)
shall carry out a study of the policies and management and
organizational practices of the Navy and Marine Corps with
respect to the responsibilities, assignment, and career
development of judge advocates for purposes of determining the
number of judge advocates required to fulfill the legal mission
of the Department of the Navy.
(2) Review.--In carrying out the study required by
paragraph (1), the panel shall--
(A) review the emergent operational law
requirements of the Navy and Marine Corps, including
requirements for judge advocates on joint task forces,
in support of rule of law objectives in Iraq and
Afghanistan, and in operational units;
(B) review new requirements to support the Office
of Military Commissions and to support the disability
evaluation system for members of the Armed Forces;
(C) review the judge advocate requirements of the
Department of the Navy for the military justice
mission, including assignment policies, training and
education, increasing complexity of court-martial
litigation, and the performance of the Navy and Marine
Corps in providing legally sufficient post-trial
processing of cases in general courts-martial and
special courts-martial;
(D) review the role of the Judge Advocate General
of the Navy, as the senior uniformed legal officer of
the Department of the Navy, to determine whether
additional authority for the Judge Advocate General
over manpower policies and assignments of judge
advocates in the Navy and Marine Corps is warranted;
(E) review directives issued by the Navy and the
Marine Corps pertaining to jointly-shared missions
requiring legal support;
(F) review career patterns for Marine Corps judge
advocates in order to identify and validate assignments
to nonlegal billets required for professional
development and promotion; and
(G) review, evaluate, and assess such other matters
and materials as the panel considers appropriate for
purposes of the study.
(3) Utilization of other studies.--In carrying out the
study required by paragraph (1), the panel may review, and
incorporate as appropriate, the findings of applicable ongoing
and completed studies in future manpower requirements,
including the two-part study by CNA Analysis and Solutions
entitled ``An Analysis of Navy JAG Corps Future Manpower
Requirements''.
(4) Report.--Not later than 120 days after its first
meeting under subsection (a)(7), the panel shall submit to the
Secretary of Defense and the Committees on Armed Services of
the Senate and the House of Representatives a report on the
study. The report shall include--
(A) the findings and conclusions of the panel as a
result of the study; and
(B) any recommendations for legislative or
administrative action that the panel considers
appropriate in light of the study.
(c) Personnel Matters.--
(1) Pay of members.--(A) Members of the panel established
under subsection (a) shall serve without pay by reason of their
work on the panel.
(B) Section 1342 of title 31, United States Code, shall not
apply to the acceptance of services of a member of the panel
under this section.
(2) Travel expenses.--The members of the panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance or services for the panel.
Subtitle F--Military Family Readiness Matters
SEC. 551. ADDITIONAL MEMBERS ON THE DEPARTMENT OF DEFENSE MILITARY
FAMILY READINESS COUNCIL.
Section 1781a(b)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) In addition to the representatives appointed under
subparagraph (B)--
``(i) one representative from the National Guard,
who shall be appointed by the Secretary of Defense; and
``(ii) one representative from a reserve component
of the armed forces (other than the National Guard),
who shall be so appointed.''; and
(3) in subparagraph (E), as redesignated by paragraph (1),
by striking ``subparagraph (B)'' and inserting ``subparagraphs
(B) and (C)''.
SEC. 552. COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS, AND TREATMENT OF
SUBSTANCE USE DISORDERS AND DISPOSITION OF SUBSTANCE
ABUSE OFFENDERS IN THE ARMED FORCES.
(a) Review and Assessment of Current Capabilities.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretaries of the military departments,
conduct a comprehensive review of the following:
(A) The programs and activities of the Department
of Defense for the prevention, diagnosis, and treatment
of substance use disorders in members of the Armed
Forces.
(B) The policies of the Department of Defense
relating to the disposition of substance abuse
offenders in the Armed Forces, including disciplinary
action and administrative separation.
(2) Elements.--The review conducted under paragraph (1)
shall include, but not be limited to, an assessment of each of
the following:
(A) The current state and effectiveness of the
programs of the Department of Defense and the military
departments relating to the prevention, diagnosis, and
treatment of substance use disorders.
(B) The adequacy of the availability of and access
to care for substance abusers in military medical
treatment facilities and under the TRICARE program.
(C) The adequacy of oversight by the Department of
Defense of programs relating to the prevention,
diagnosis, and treatment of substance abuse in members
of the Armed Forces.
(D) The adequacy and appropriateness of current
credentials and other requirements for healthcare
professionals treating members of the Armed Forces with
substance use disorders.
(E) The advisable ratio of physician and
nonphysician care providers for substance use disorders
to members of the Armed Forces with such disorders.
(F) The adequacy and appropriateness of protocols
and directives for the diagnosis and treatment of
substance use disorders in members of the Armed Forces
and for the disposition, including disciplinary action
and administrative separation, of members of the Armed
Forces who abuse substances.
(G) The adequacy of the availability of and access
to care for substance use disorders for members of the
reserve components of the Armed Forces, including an
identification of any obstacles that are unique to the
prevention, diagnosis, and treatment of substance use
disorders and the appropriate disposition of substance
abuse offenders (including disciplinary action and
administrative separation) in members of the reserve
components of the Armed Forces.
(H) The adequacy of the prevention, diagnosis, and
treatment of substance use disorders in family members
of members of the Armed Forces.
(I) Any gaps in the current capabilities of the
Department of Defense for the prevention, diagnosis,
and treatment of substance use disorders in members of
the Armed Forces.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the findings and
recommendations of the Secretary as a result of the review
conducted under paragraph (1). The report shall--
(A) set forth the findings and recommendations of
the Secretary regarding each element of the review
specified in paragraph (2);
(B) set forth relevant statistics on the frequency
of substance use disorders, disciplinary actions, and
administrative separations for substance abuse in
members of the regular components of the Armed Forces,
members of the reserve component of the Armed Forces,
and to the extent applicable, dependents of such
members (including spouses and children); and
(C) include such other findings and recommendations
on improvements to the current capabilities of the
Department of Defense for the prevention, diagnosis,
and treatment of substance use disorders in members of
the Armed Forces and the policies relating to the
disposition, including disciplinary action and
administrative separation, of members of the Armed
Forces for substance abuse, as the Secretary considers
appropriate.
(b) Plan for Improvement and Enhancement of Programs and
Policies.--
(1) Plan required.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a comprehensive
plan for the improvement and enhancement of the following:
(A) The programs and activities of the Department
of Defense for the prevention, diagnosis, and treatment
of substance use disorders in members of the Armed
Forces and their dependent family members.
(B) The policies of the Department of Defense
relating to the disposition of substance abuse
offenders in the Armed Forces, including disciplinary
action and administrative separation.
(2) Basis.--The comprehensive plan required by paragraph
(1) shall take into account the following:
(A) The results of the review and assessment
conducted under subsection (a).
(B) Similar initiatives of the Secretary of
Veterans Affairs to expand and improve care for
substance use disorders among veterans, including the
programs and activities conducted under title I of the
Veterans' Mental Health and Other Care Improvements Act
of 2008 (Public Law 110-387; 112 Stat. 4112).
(3) Comprehensive statement of policy.--The comprehensive
plan required by paragraph (1) shall include a comprehensive
statement of the following:
(A) The policy of the Department of Defense
regarding the prevention, diagnosis, and treatment of
substance use disorders in members of the Armed Forces
and their dependent family members.
(B) The policies of the Department of Defense
relating to the disposition of substance abuse
offenders in the Armed Forces, including disciplinary
action and administrative separation.
(4) Availability of services and treatment.--The
comprehensive plan required by paragraph (1) shall include
mechanisms to ensure the availability to members of the Armed
Forces and their dependent family members of a core of
evidence-based practices across the spectrum of medical and
non-medial services and treatments for substance use disorders.
(5) Prevention and reduction of disorders.--The
comprehensive plan required by paragraph (1) shall include
mechanisms to facilitate the prevention and reduction of
substance use disorders in members of the Armed Forces through
science-based initiatives, including education programs, for
members of the Armed Forces and their families.
(6) Specific instructions.--The comprehensive plan required
by paragraph (1) shall include each of the following:
(A) Substances of abuse.--Instructions on the
prevention, diagnosis, and treatment of substance abuse
in members of the Armed Forces, including the abuse of
alcohol, illicit drugs, and nonmedical use and abuse of
prescription drugs.
(B) Healthcare professionals.--Instructions on--
(i) appropriate training of healthcare
professionals in the prevention, screening,
diagnosis, and treatment of substance use
disorders in members of the Armed Forces;
(ii) appropriate staffing levels for
healthcare professionals at military medical
treatment facilities for the prevention,
screening, diagnosis, and treatment of
substance use disorders in members of the Armed
Forces; and
(iii) such uniform training and
credentialing requirements for physician and
nonphysician healthcare professionals in the
prevention, screening, diagnosis, and treatment
of substance use disorders in members of the
Armed Forces as the Secretary considers
appropriate.
(C) Services for dependent family members.--
Instructions on the availability of services for
substance use disorders for dependent family members of
members of the Armed Forces, including instructions on
making such services available to such dependents to
the maximum extent practicable.
(D) Relationship between disciplinary action and
treatment.--Policy on the relationship between
disciplinary actions and administrative separation
processing and prevention and treatment of substance
use disorders in members of the Armed Forces.
(E) Confidentiality.--Recommendations regarding
policies pertaining to confidentiality for members of
the Armed Forces in seeking or receiving services or
treatment for substance use disorders.
(F) Participation of chain of command.--Policy on
appropriate consultation, reference to, and involvement
of the chain of command of members of the Armed Forces
in matters relating to the diagnosis and treatment of
substance abuse and disposition of military members who
abuse substances.
(G) Consideration of gender.--Instructions on
gender specific requirements, if appropriate, in the
prevention, diagnosis, treatment, and management of
substance use disorders in members of the Armed Forces,
including gender specific care and treatment
requirements.
(H) Coordination with other healthcare
initiatives.--Instructions on the integration of
efforts on the prevention, diagnosis, treatment, and
management of substance use disorders in members of the
Armed Forces with efforts to address co-occurring
health care disorders (such as post-traumatic stress
disorder (PTSD) and depression) and suicide prevention.
(7) Other elements.--In addition to the matters specified
in paragraph (3), the comprehensive plan required by paragraph
(1) shall include the following:
(A) Implementation plan.--An implementation plan
for the achievement of the goals of the comprehensive
plan, including goals relating to the following:
(i) Enhanced education of members of the
Armed Forces and their families regarding
substance use disorders.
(ii) Enhanced and improved identification
and diagnosis of substance use disorders in
members of the Armed Forces and their families.
(iii) Enhanced and improved access of
members of the Armed Forces to services and
treatment for and management of substance use
disorders.
(iv) Appropriate staffing of military
medical treatment facilities and other
facilities for the treatment of substance use
disorders in members of the Armed Forces.
(B) Best practices.--The incorporation of evidence-
based best practices utilized in current military and
civilian approaches to the prevention, diagnosis,
treatment, and management of substance use disorders.
(C) Available research.--The incorporation of
applicable results of available studies, research, and
academic reviews on the prevention, diagnosis,
treatment, and management of substance use disorders.
(8) Update in light of independent study.--Upon the
completion of the study required by subsection (c), the
Secretary of Defense shall--
(A) in consultation with the Secretaries of the
military departments, make such modifications and
improvements to the comprehensive plan required by
paragraph (1) as the Secretary of Defense considers
appropriate in light of the findings and
recommendations of the study; and
(B) submit to the congressional defense committees
a report setting forth the comprehensive plan as
modified and improved under subparagraph (A).
(c) Independent Report on Substance Use Disorders Programs for
Members of the Armed Forces.--
(1) Study required.--Upon completion of the policy review
required by subsection (a), the Secretary of Defense shall
provide for a study on substance use disorders programs for
members of the Armed Forces to be conducted by the Institute of
Medicine of the National Academies of Sciences or such other
independent entity as the Secretary shall select for purposes
of the study.
(2) Elements.--The study required by paragraph (1) shall
include a review and assessment of the following:
(A) The adequacy and appropriateness of protocols
for the diagnosis, treatment, and management of
substance use disorders in members of the Armed Forces.
(B) The adequacy of the availability of and access
to care for substance use disorders in military medical
treatment facilities and under the TRICARE program.
(C) The adequacy and appropriateness of current
credentials and other requirements for physician and
non-physician healthcare professionals treating members
of the Armed Forces with substance use disorders.
(D) The advisable ratio of physician and non-
physician care providers for substance use disorders to
members of the Armed Forces with such disorders.
(E) The adequacy of the availability of and access
to care for substance use disorders for members of the
reserve components of the Armed Forces when compared
with the availability of and access to care for
substance use disorders for members of the regular
components of the Armed Forces.
(F) The adequacy of the prevention, diagnosis,
treatment, and management of substance use disorder
programs for dependent family members of members of the
Armed Forces, whether such family members suffer from
their own substance use disorder or because of the
substance use disorder of a member of the Armed Forces.
(G) Such other matters as the Secretary considers
appropriate for purposes of the study.
(3) Report.--Not later than two years after the date of the
enactment of this Act, the entity conducting the study required
by paragraph (1) shall submit to the Secretary of Defense and
the congressional defense committees a report on the results of
the study. The report shall set forth the findings and
recommendations of the entity as a result of the study.
SEC. 553. MILITARY COMMUNITY SUPPORT FOR CHILDREN WITH AUTISM AND THEIR
FAMILIES.
(a) Policy on Military Community Support Required.--The Secretary
of Defense shall develop and implement a policy for the Department of
Defense on the support of military children with autism and their
families. The policy shall seek to establish and further an integrated,
family-centered approach to providing services to military children
with autism and their families by leveraging the resources of local
military communities and local and national public and private entities
devoted to research and services for autism.
(b) Program on Support.--
(1) Program required.--In carrying out the policy required
by subsection (a), the Secretary shall develop and carry out a
program on support for military children with autism and their
families.
(2) Elements.--The program required by this subsection
shall provide for broad-based services, including the
following:
(A) Research.
(B) Early intervention.
(C) Evidence-based therapeutic and medical
services.
(D) Education and training on autism for family
members.
(E) Appropriate coordination with applicable school
programs.
(F) Vocational training for adolescent military
children with autism.
(G) Family counseling for families of military
children with autism.
(3) Pilot projects.--In carrying out the program required
by this subsection, the Secretary shall conduct one or more
pilot projects to assess the effectiveness of various
approaches to developing and enhancing integrated community
support for military children with autism, including adolescent
military children with autism, and their families utilizing the
program elements specified in paragraph (2).
(4) Consultation.--For purposes of carrying out the
requirements of this subsection, the Secretary shall establish
a partnership with one or more entities (whether public or
private) that provide services or support for, or conduct
research on, individuals with autism spectrum disorder and
their families.
(c) Reports.--
(1) Initial report.--Not later than 60 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the
actions the Secretary proposes to take to carry out this
section and a proposed schedule for the taking of such actions.
(2) Pilot projects.--Not later than 60 days after the date
of the completion of the pilot project or projects conducted
under subsection (b)(3), the Secretary shall submit to the
congressional defense committees a report on the pilot project
or projects. The report shall include a description of the
pilot project or projects, an assessment of the lessons learned
from the pilot project or projects, and a discussion of the
manner in which the lessons so learned shall be integrated into
the policy required by subsection (a) and the program required
by subsection (b).
(d) Funding.--Of the amount authorized to be appropriated for
fiscal year 2010 pursuant to section 301(a)(5) for operation and
maintenance, Defense-wide activities, $5,000,000 may be available to
carry out this section.
(e) Military Children With Autism Defined.--In this section, the
term ``military children with autism'' means dependent children of
members of the Armed Forces with autism spectrum disorder.
SEC. 554. REPORTS ON EFFECTS OF DEPLOYMENTS ON MILITARY CHILDREN AND
THE AVAILABILITY OF MENTAL HEALTH CARE AND COUNSELING
SERVICES FOR MILITARY CHILDREN.
(a) Impact of Deployments of Military Parents on Military
Children.--
(1) In general.--The Secretary of Defense shall undertake a
comprehensive assessment of the impacts of military deployment
on dependent children of members of the Armed Forces. The
assessment shall separately address each of the categories of
such children as follows:
(A) Preschool-age children.
(B) Elementary-school age children.
(C) Teenage or adolescent children.
(2) Elements.--The assessment undertaken under paragraph
(1) shall include an assessment of the following:
(A) The impact that separation due to the
deployment of a military parent or parents has on
children.
(B) The impact that multiple deployments of a
military parent or parents have on children.
(C) The impact that the return from deployment of a
severely wounded or injured military parent or parents
has on children.
(D) The impact that the death of a military parent
or parents in connection with a deployment has on
children.
(E) The impact that deployment of a military parent
or parents has on children with preexisting
psychological conditions, such as anxiety and
depression.
(F) The impact that deployment of a military parent
or parents has on risk factors such as child abuse,
child neglect, family violence, substance abuse by
children, or parental substance abuse.
(G) Such other matters as the Secretary considers
appropriate.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the assessment undertaken under
paragraph (1), including the findings and recommendations of
the Secretary as a result of the assessment.
(b) Mental Health Care and Counseling Services Available to
Military Children.--
(1) In general.--The Secretary of Defense shall conduct a
comprehensive review of the mental health care and counseling
services available to dependent children of members of the
Armed Forces through the Department of Defense.
(2) Elements.--The review under paragraph (1) shall include
an assessment of the following:
(A) The availability, quality, and effectiveness of
Department of Defense programs intended to meet the
mental health care needs of military children.
(B) The availability, quality, and effectiveness of
Department of Defense programs intended to promote
resiliency in military children in coping with
deployment cycles, injury, or death in military
parents.
(C) The extent of access to, adequacy, and
availability of mental health care and counseling
services for military children in military medical
treatment facilities, in family assistance centers,
through Military OneSource, under the TRICARE program,
and in Department of Defense dependents' schools.
(D) Whether the status of a member of the Armed
Forces on active duty, or in reserve active status,
affects the access of a military child to mental health
care and counseling services.
(E) Whether, and to what extent, waiting lists,
geographic distance, and other factors may obstruct the
receipt by military children of mental health care and
counseling services.
(F) The extent of access to, availability, and
viability of specialized mental health care for
military children (including adolescents).
(G) The extent of any gaps in the current
capabilities of the Department of Defense to provide
preventive mental health services for military
children.
(H) Such other matters as the Secretary considers
appropriate.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the review conducted under
paragraph (1), including the findings and recommendations of
the Secretary as a result of the review.
(4) Comprehensive plan for improvements in access to care
and counseling.--The Secretary shall develop a comprehensive
plan for improvements in access to quality mental health care
and counseling services for military children in order to
develop and promote psychological health and resilience in
children of deploying and deployed members of the Armed Forces.
The information in the report required by paragraph (3) shall
provide the basis for the development of the plan.
SEC. 555. REPORT ON CHILD CUSTODY LITIGATION INVOLVING SERVICE OF
MEMBERS OF THE ARMED FORCES.
(a) Report Required.--Not later than June 1, 2010, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on all known reported cases
since September 2003 involving child custody disputes in which the
service of a member of the Armed Forces, whether a member of a regular
component of the Armed Forces or a member of a reserve component of the
Armed Forces, was an issue in the custody dispute.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A statement of the total number of cases, by Armed
Force, in which members of the Armed Forces have lost custody
of a child as a result of deployment, or the prospect of
deployment, under military orders.
(2) A summary of applicable Federal law pertaining to child
custody disputes involving members of the Armed Forces.
(3) An analysis of the litigation history of all available
reported cases involving child custody disputes in which the
deployment of a member of the Armed Forces was an issue in the
dispute, and a discussion of the rationale presented by
deciding judges and courts of the reasons for their rulings.
(4) An assessment of the nature and extent of the problem,
if any, for members of the Armed Forces who are custodial
parents in being able to deploy and perform their operational
mission while continuing to fulfill their role as parents with
sole or joint custody of minor children.
(5) A discussion of measures being taken by the States, or
which are under consideration by State legislatures, to address
matters relating to child custody disputes in which one of the
parties is a member of the Armed Forces, and an assessment
whether State legislatures and State courts are cognizant of
issues involving members of the Armed Forces with minor
children.
(6) A discussion of Family Care Plan policies aimed at
ensuring that appropriate measures are taken by members of the
Armed Forces to avoid litigation in child custody disputes.
(7) Such recommendations as the Secretary considers
appropriate regarding how best to assist members of the Armed
Forces who are single, custodial parents with respect to child
custody disputes in connection with the performance of military
duties, including the need for legislative or administrative
action to provide such assistance.
(8) Such other recommendations for legislative or
administrative action as the Secretary considers appropriate.
SEC. 556. SENSE OF SENATE ON PREPARATION AND COORDINATION OF FAMILY
CARE PLANS.
(a) Findings.--The Senate makes the following findings:
(1) Family Care Plans provide a military tool to document
the plan by which members of the Armed Forces provide for the
care of their family members when military duties prevent
members of the Armed Forces from doing so themselves. Properly
prepared Family Care Plans are essential to military readiness.
Minimizing the strain on members of the Armed Forces of
unresolved, challenged, or voided child custody arrangements
arising during deployments or temporary duty directly
contributes to the national defense by enabling members of the
Armed Forces to devote their entire energy to their military
mission and duties.
(2) When Family Care Plans are properly prepared and
coordinated with all affected parties, the legal difficulties
that may otherwise arise in the absence of the military
custodial parent often can be minimized, if not eliminated.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the responsibility for establishing workable and
legally supportable Family Care Plans lies with the members of
the Armed Forces;
(2) notwithstanding that responsibility, commanders
should--
(A) ensure that the members of their command fully
understand the purpose of the Family Care Plan and its
limitations, including the overriding authority of
State courts to determine child custody arrangements
notwithstanding a Family Care Plan;
(B) understand and emphasize to their members that
failure to involve, or at least inform, the non-
custodial parent of custody arrangements in
anticipation of an absence can undermine the Family
Care Plan or even render it useless, in such cases; and
(C) apprise their members of the risks described in
subparagraph (B), and strongly encourage them to seek
legal assistance, as far in advance of actual absences
as practicable;
(3) the Secretary of Defense, and the Secretary of Homeland
Security with respect to matters concerning the Coast Guard
when it is not operating as a service in the Navy, should
ensure that members of the Armed Forces update their Family
Care Plans and emphasize--
(A) the importance of prior planning;
(B) that Family Care Plans are necessary not only
for the single parent and for the dual military couple
but also for a married member of the Armed Forces who
has custody of a child pursuant to a court order or
separation agreement or who has custody of a child
whose other parent is not the current spouse of the
member;
(C) that in spite of how important Family Care
Plans are to readiness, they are not legal documents
that can change a court-mandated custodial arrangement
or interfere with the other parent's right to custody
of his or her child;
(D) that, to the greatest extent possible, a member
of the Armed Forces should inform the other parent of
the member's impending absence due to military orders
if such absence prohibits the member from fulfilling
the member's custody responsibilities and inform that
other parent of the Family Care Plan;
(E) that a member of the Armed Forces should
attempt to obtain the consent of the non-custodial or
adoptive parent to any Family Care Plan that would
leave the child in the care of a third party; and
(F) that if a member of the Armed Forces cannot or
will not contact the non-custodial parent or cannot
obtain that parent's consent to the Family Care Plan,
the commander of the member should--
(i) counsel the member about the
implications; and
(ii) encourage in the strongest possible
terms that the member seek immediate help from
a legal assistance attorney or other qualified
legal counsel; and
(4) attorneys providing legal assistance as described in
paragraph (3)(F)(ii) should provide members of the Armed Forces
a full explanation of the dangers of not involving the non-
custodial parent and discuss appropriate courses of action.
SEC. 557. EXPANSION OF SUICIDE PREVENTION AND COMMUNITY HEALING AND
RESPONSE TRAINING UNDER THE YELLOW RIBBON REINTEGRATION
PROGRAM.
Section 582 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note) is amended--
(1) in subsection (h)--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) through (15) as
paragraphs (3) through (14), respectively; and
(2) by adding at the end the following new subsection:
``(i) Suicide Prevention and Community Healing and Response
Program.--
``(1) Establishment.--As part of the Yellow Ribbon
Reintegration Program, the Office for Reintegration Programs
shall establish a program to provide National Guard and Reserve
members and their families, and in coordination with community
programs, assist the communities, with training in suicide
prevention and community healing and response to suicide.
``(2) Design.--In establishing the program under paragraph
(1), the Office for Reintegration Programs shall consult with--
``(A) persons that have experience and expertise
with combining military and civilian intervention
strategies that reduce risk and promote healing after a
suicide attempt or suicide death for National Guard and
Reserve members; and
``(B) the adjutant general of each State, the
Commonwealth of Puerto Rico, the District of Columbia,
Guam, and the Virgin Islands.
``(3) Operation.--
``(A) Suicide prevention training.--The Office for
Reintegration Programs shall provide National Guard and
Reserve members with training in suicide prevention.
Such training shall include--
``(i) describing the warning signs for
suicide and teaching effective strategies for
prevention and intervention;
``(ii) examining the influence of military
culture on risk and protective factors for
suicide; and
``(iii) engaging in interactive case
scenarios and role plays to practice effective
intervention strategies.
``(B) Community healing and response training.--The
Office for Reintegration Programs shall provide the
families and communities of National Guard and Reserve
members with training in responses to suicide that
promote individual and community healing. Such training
shall include--
``(i) enhancing collaboration among
community members and local service providers
to create an integrated, coordinated community
response to suicide;
``(ii) communicating best practices for
preventing suicide, including safe messaging,
appropriate memorial services, and media
guidelines;
``(iii) addressing the impact of suicide on
the military and the larger community, and the
increased risk that can result; and
``(iv) managing resources to assist key
community and military service providers in
helping the families, friends, and fellow
soldiers of a suicide victim through the
processes of grieving and healing.
``(C) Collaboration with centers of excellence.--
The Office for Reintegration Programs, in consultation
with the Defense Centers of Excellence for
Psychological Health and Traumatic Brain Injury, shall
collect and analyze `lessons learned' and suggestions
from State National Guard and Reserve organizations
with existing or developing suicide prevention and
community response programs.
``(4) Termination.--The program established under this
subsection shall terminate on October 1, 2012.''.
SEC. 558. REPORT ON YELLOW RIBBON REINTEGRATION PROGRAM.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the various reintegration
programs being administered in support of National Guard and Reserve
members and their families.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An evaluation of the initial implementation of the
Yellow Ribbon Reintegration Program in fiscal year 2009,
including an assessment of the best practices from pilot
programs offered by various States to provide supplemental
services to Yellow Ribbon and the feasibility of incorporating
those practices into Yellow Ribbon.
(2) An assessment of the extent to which Yellow Ribbon
funding, although requested in multiple component accounts,
supports robust joint programs that provide reintegration and
support services to National Guard and Reserve members and
their families regardless of military affiliation.
(3) An assessment of the extent to which Yellow Ribbon
programs are coordinating closely with the Department of
Veterans Affairs and its various veterans' programs.
(4) Plans for further implementation of the Yellow Ribbon
Reintegration Program in fiscal year 2010.
SEC. 559. IMPROVED ACCESS TO MENTAL HEALTH CARE FOR FAMILY MEMBERS OF
MEMBERS OF THE NATIONAL GUARD AND RESERVE WHO ARE
DEPLOYED OVERSEAS.
(a) Initiative To Increase Access to Mental Health Care.--
(1) In general.--The Secretary of Defense shall develop and
implement a plan to expand existing initiatives of the
Department of Defense to increase access to mental health care
for family members of members of the National Guard and Reserve
deployed overseas during the periods of mobilization,
deployment, and demobilization of such members of the National
Guard and Reserve.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Programs and activities to educate family
members of members of the National Guard and Reserve
who are deployed overseas on potential mental health
challenges connected with such deployment.
(B) Programs and activities to provide such family
members with complete information on all mental health
resources available to such family members through the
Department of Defense and otherwise.
(C) Efforts to expand counseling activities for
such family members in local communities.
(b) Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and at such times thereafter as the
Secretary of Defense considers appropriate, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on this
section.
(2) Elements.--Each report shall include the following:
(A) A current assessment of the extent to which
family members of members of the National Guard and
Reserve who are deployed overseas have access to, and
are utilizing, mental health care available under this
section.
(B) A current assessment of the quality of mental
health care being provided to family members of members
of the National Guard and Reserve who are deployed
overseas, and an assessment of expanding coverage for
mental health care services under the TRICARE program
to mental health care services provided at facilities
currently outside the network of the TRICARE program.
(C) Such recommendations for legislative or
administration action as the Secretary considers
appropriate in order to further assure full access to
mental health care by family members of members of the
National Guard and Reserve who are deployed overseas
during the mobilization, deployment, and demobilization
of such members of the National Guard and Reserve.
SEC. 560. FULL ACCESS TO MENTAL HEALTH CARE FOR FAMILY MEMBERS OF
MEMBERS OF THE NATIONAL GUARD AND RESERVE WHO ARE
DEPLOYED OVERSEAS.
(a) Expanded Initiative To Increase Access to Mental Health Care.--
(1) In general.--The Secretary of Defense shall expand
existing Department of Defense initiatives to increase access
to mental health care for family members of members of the
National Guard and Reserve deployed overseas during the periods
of mobilization, deployment, and demobilization of such members
of the National Guard and Reserve.
(2) Elements.--The expanded initiatives, which shall build
upon and be consistent with ongoing efforts, shall include the
following:
(A) Programs and activities to educate the family
members of members of the National Guard and Reserve
who are deployed overseas on potential mental health
challenges connected with such deployment.
(B) Programs and activities to provide such family
members with complete information on all mental health
resources available to such family members through the
Department of Defense and otherwise.
(C) Guidelines for mental health counselors at
military installations in communities with large
numbers of mobilized members of the National Guard and
Reserve to expand the reach of their counseling
activities to include families of such members in such
communities.
(b) Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and at such times as the Secretary
deems appropriate thereafter, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on this section.
(2) Elements.--Each report shall include the following:
(A) A current assessment of the extent to which
family members of members of the National Guard and
Reserve who are deployed overseas have access to, and
are utilizing, mental health care available under this
section.
(B) A current assessment of the quality of mental
health care being provided to family members of members
of the National Guard and Reserve who are deployed
overseas, and an assessment of expanding coverage for
mental health care services under the TRICARE program
to mental health care services provided at facilities
currently outside the accredited network of the TRICARE
program.
(C) Such recommendations for legislative or
administration action as the Secretary considers
appropriate in order to further assure full access to
mental health care by family members of members of the
National Guard and Reserve who are deployed overseas
during the mobilization, deployment, and demobilization
of such members of the National Guard and Reserve.
SEC. 561. COMPTROLLER GENERAL REPORT ON CHILD CARE ASSISTANCE FOR
DEPLOYED MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED
FORCES.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and the
House of Representative a report on financial assistance for child care
provided by the Department of Defense, including through the Operation:
Military Child Care and Military Child Care in Your Neighborhood
programs, to members of the reserve components of the Armed Forces who
are deployed in connection with a contingency operation.
(b) Elements.--The report required by subsection (a) shall include
an assessment of the following:
(1) The types of financial assistance for child care made
available by the Department of Defense to members of the
reserve components of the Armed Forces who are deployed in
connection with a contingency operation.
(2) The extent to which such members have taken advantage
of such assistance since such assistance was first made
available.
(3) The formulas used for calculating the amount of such
assistance provided to such members.
(4) The funding allocated to such assistance.
(5) The remaining costs of child care to families of such
members that are not covered by the Department of Defense.
(6) Any barriers to access to such assistance faced by such
members and the families of such members.
(7) The different criteria used by different States with
respect to the regulation of child care services and the
potential impact differences in such criteria may have on the
access of such members to such assistance.
(8) The different standards and criteria used by different
programs of the Department of Defense for providing such
assistance with respect to child care providers and the
potential impact differences in such standards and criteria may
have on the access of such members to such assistance.
(9) Any other matters the Comptroller General determines
relevant to the improvement of financial assistance for child
care made available by the Department of Defense to members of
the reserve components of the Armed Forces who are deployed in
connection with a contingency operation.
Subtitle G--Other Matters
SEC. 571. DEADLINE FOR REPORT ON SEXUAL ASSAULT IN THE ARMED FORCES BY
DEFENSE TASK FORCE ON SEXUAL ASSAULT IN THE MILITARY
SERVICES.
Section 576(e)(1) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
1924; 10 U.S.C. 4331 note) is amended by striking ``one year after the
initiation of its examination under subsection (b)'' and inserting
``December 1, 2009''.
SEC. 572. CLARIFICATION OF PERFORMANCE POLICIES FOR MILITARY MUSICAL
UNITS AND MUSICIANS.
(a) Clarification.--Section 974 of title 10, United States Code, is
amended to read as follows:
``Sec. 974. Military musical units and musicians: performance policies;
restriction on performance in competition with local
civilian musicians
``(a) Military Musicians Performing in an Official Capacity.--(1) A
military musical unit, and a member of the armed forces who is a member
of such a unit performing in an official capacity, may not engage in
the performance of music in competition with local civilian musicians.
``(2) For purposes of paragraph (1), the following shall, except as
provided in paragraph (3), be included among the performances that are
considered to be a performance of music in competition with local
civilian musicians:
``(A) A performance that is more than incidental to an
event that--
``(i) is not supported, in whole or in part, by
United States Government funds; and
``(ii) is not free to the public.
``(B) A performance of background, dinner, dance, or other
social music at an event that--
``(i) is not supported, in whole or in part, by
United States Government funds; and
``(ii) is held at a location not on a military
installation.
``(3) For purposes of paragraph (1), the following shall not be
considered to be a performance of music in competition with local
civilian musicians:
``(A) A performance (including background, dinner, dance,
or other social music) at an official United States Government
event that is supported, in whole or in part, by United States
Government funds.
``(B) A performance at a concert, parade, or other event,
that--
``(i) is a patriotic event or a celebration of a
national holiday; and
``(ii) is free to the public.
``(C) A performance that is incidental to an event that--
``(i) is not supported, in whole or in part, by
United States Government funds; or
``(ii) is not free to the public.
``(D) A performance (including background, dinner, dance,
or other social music) at--
``(i) an event that is sponsored by or for a
military welfare society, as defined in section 2566 of
this title;
``(ii) an event that is a traditional military
event intended to foster the morale and welfare of
members of the armed forces and their families; or
``(iii) an event that is specifically for the
benefit or recognition of members of the armed forces,
their family members, veterans, civilian employees of
the Department of Defense, or former civilian employees
of the Department of Defense, to the extent provided in
regulations prescribed by the Secretary of Defense.
``(E) A performance (including background, dinner, dance,
or other social music)--
``(i) to uphold the standing and prestige of the
United States with dignitaries and distinguished or
prominent persons or groups of the United States or
another nation; or
``(ii) in support of fostering and sustaining a
cooperative relationship with another nation.
``(b) Prohibition of Military Musicians Accepting Additional
Remuneration for Official Performances.--A military musical unit, and a
member of the armed forces who is a member of such a unit performing in
an official capacity, may not receive remuneration for an official
performance, other than applicable military pay and allowances.
``(c) Recordings.--(1) When authorized under regulations prescribed
by the Secretary of Defense for purposes of this section, a military
musical unit may produce recordings for distribution to the public, at
a cost not to exceed expenses of production and distribution.
``(2) Amounts received in payment for a recording distributed to
the public under this subsection shall be credited to the appropriation
or account providing the funds for the production of the recording. Any
amount so credited shall be merged with amounts in the appropriation or
account to which credited, and shall be available for the same
purposes, and subject to the same conditions and limitations, as
amounts in such appropriation or account.
``(d) Performances at Foreign Locations.--Subsection (a) does not
apply to a performance outside the United States, its commonwealths, or
its possessions.
``(e) Military Musical Unit Defined.--In this section, the term
`military musical unit' means a band, ensemble, chorus, or similar
musical unit of the armed forces.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 49 of such title is
amended to read as follows:
``974. Military musical units and musicians: performance policies;
restriction on performance in competition
with local civilian musicians.''.
SEC. 573. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY PERSONNEL FOR
VOTING PURPOSES.
(a) In General.--Section 705 of the Servicemembers Civil Relief Act
(50 U.S.C. App. 595) is amended--
(1) by striking ``For'' and inserting the following:
``(a) In General.--For'';
(2) by adding at the end the following new subsection:
``(b) Spouses.--For the purposes of voting for any Federal office
(as defined in section 301 of the Federal Election Campaign Act of 1971
(2 U.S.C. 431)) or a State or local office, a person who is absent from
a State because the person is accompanying the person's spouse who is
absent from that same State in compliance with military or naval orders
shall not, solely by reason of that absence--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not the person intends
to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.''; and
(3) in the section heading, by inserting ``and spouses of
military personnel'' before the period at the end.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act (50 U.S.C. App. 501) is amended by striking the item relating
to section 705 and inserting the following new item:
``Sec. 705. Guarantee of residency for military personnel and spouses
of military personnel.''.
(c) Application.--Subsection (b) of section 705 of such Act (50
U.S.C. App. 595), as added by subsection (a) of this section, shall
apply with respect to absences from States described in such subsection
(b) on or after the date of the enactment of this Act, regardless of
the date of the military or naval order concerned.
SEC. 574. DETERMINATION FOR TAX PURPOSES OF RESIDENCE OF SPOUSES OF
MILITARY PERSONNEL.
(a) In General.--Section 511 of the Servicemembers Civil Relief Act
(50 U.S.C. App. 571) is amended--
(1) in subsection (a)--
(A) by striking ``A servicemember'' and inserting
the following:
``(1) In general.--A servicemember''; and
(B) by adding at the end the following:
``(2) Spouses.--A spouse of a servicemember shall neither
lose nor acquire a residence or domicile for purposes of
taxation with respect to the person, personal property, or
income of the spouse by reason of being absent or present in
any tax jurisdiction of the United States solely to be with the
servicemember in compliance with the servicemember's military
orders if the residence or domicile, as the case may be, is the
same for the servicemember and the spouse.'';
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(3) by inserting after subsection (b) the following new
subsection:
``(c) Income of a Military Spouse.--Income for services performed
by the spouse of a servicemember shall not be deemed to be income for
services performed or from sources within a tax jurisdiction of the
United States if the spouse is not a resident or domiciliary of the
jurisdiction in which the income is earned because the spouse is in the
jurisdiction solely to be with the servicemember serving in compliance
with military orders.''; and
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in paragraph (1), by inserting ``or the spouse
of a servicemember'' after ``The personal property of a
servicemember''; and
(B) in paragraph (2), by inserting ``or the
spouse's'' after ``servicemember's''.
(b) Application.--Subsections (a)(2) and (c) of section 511 of such
Act (50 U.S.C. App. 571), as added by subsection (a) of this section,
and the amendments made to such section 511 by subsection (a)(4) of
this section, shall apply with respect to any return of State or local
income tax filed for any taxable year beginning with the taxable year
that includes the date of the enactment of this Act.
SEC. 575. SUSPENSION OF LAND RIGHTS RESIDENCY REQUIREMENT FOR SPOUSES
OF MILITARY PERSONNEL.
(a) In General.--Section 508 of the Servicemembers Civil Relief Act
(50 U.S.C. App. 568) is amended in subsection (b) by inserting ``or the
spouse of such servicemember'' after ``a servicemember in military
service''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to servicemembers in military service (as defined in
section 101 of such Act (50 U.S.C. App. 511)) on or after the date of
the enactment of this Act.
SEC. 576. MODIFICATION OF DEPARTMENT OF DEFENSE SHARE OF EXPENSES UNDER
NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) Modification.--Section 509(d)(1) of title 32, United States
Code, is amended by striking ``may not exceed'' and all that follows
and inserting ``may not exceed the amount as follows:
``(A) In the case of a State program of the Program in
either of its first two years of operation, an amount equal to
100 percent of the costs of operating the State program in that
fiscal year.
``(B) In the case of any other State program of the
Program, an amount equal to 75 percent of the costs of
operating the State program in that fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2009, and shall apply with respect to fiscal
years beginning on or after that date.
SEC. 577. PROVISION TO MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES
OF COMPREHENSIVE INFORMATION ON BENEFITS FOR MEMBERS OF
THE ARMED FORCES AND THEIR FAMILIES.
(a) Provision of Comprehensive Information Required.--The Secretary
of the military department concerned shall, at each time specified in
subsection (b), provide to each member of the Armed Forces and, when
practicable, the family members of such member comprehensive
information on the benefits available to such member and family members
as described in subsection (c), including the estimated monetary amount
of such benefits and of any applicable offsets to such benefits.
(b) Times for Provision of Information.--Comprehensive information
on benefits shall be provided a member of the Armed Forces and family
members at each time as follows:
(1) Within 180 days of the enlistment, accession, or
commissioning of the member as a member of the Armed Forces.
(2) Within 180 days of a determination that the member--
(A) has incurred a service-connected disability;
and
(B) is unfit to perform the duties of the member's
office, grade, rank, or rating because of such
disability.
(3) Upon the discharge, separation, retirement, or release
of the member from the Armed Forces.
(c) Covered Benefits.--The benefits on which a member of the Armed
Forces and family members shall be provided comprehensive information
under this section shall be as follows:
(1) At all the times described in subsection (b), the
benefits shall include the following:
(A) Financial compensation, including financial
counseling.
(B) Health care and life insurance programs for
members of the Armed Forces and their families.
(C) Death benefits.
(D) Entitlements and survivor benefits for
dependents of the Armed Forces, including offsets in
the receipt of such benefits under the Survivor Benefit
Plan and in connection with the receipt of dependency
and indemnity compensation.
(E) Educational assistance benefits, including
limitations on and the transferability of such
assistance.
(F) Housing assistance benefits, including
counseling.
(G) Relocation planning and preparation.
(H) Such other benefits as the Secretary concerned
considers appropriate.
(2) At the time described in paragraph (1) of such
subsection, the benefits shall include the following:
(A) Maintaining military records.
(B) Legal assistance.
(C) Quality of life programs.
(D) Family and community programs.
(E) Such other benefits as the Secretary concerned
considers appropriate.
(3) At the times described in paragraphs (2) and (3) of
such subsection, the benefits shall include the following:
(A) Employment assistance.
(B) Continuing Reserve Component service.
(C) Disability benefits, including offsets in
connection with the receipt of such benefits.
(D) Benefits and services provided under laws
administered by the Secretary of Veterans Affairs.
(E) Such other benefits as the Secretary concerned
considers appropriate.
(d) Biennial Notice to Members of the Armed Forces on the Value of
Pay and Benefits.--
(1) Biennial notice required.--The Secretary of each
military department shall provide to each member of the Armed
Forces under the jurisdiction of such Secretary on a biennial
basis notice on the value of the pay and benefits paid or
provided to such member by law during the preceding year. The
notice may be provided in writing or electronically, at the
election of the Secretary.
(2) Elements.--Each notice provided a member under
paragraph (1) shall include the following:
(A) A statement of the estimated value of the
military health care, retirement benefits, disability
benefits, commissary and exchange privileges,
government-provided housing, tax benefits associated
with service in the Armed Forces, and special pays paid
or provided the member during the preceding 24 months.
(B) A notice regarding the death and survivor
benefits, including Servicemembers' Group Life
Insurance, to which the family of the member would be
entitled in the event of the death of the member, and a
description of any offsets that might be applicable to
such benefits.
(C) Information on other programs available to
members of the Armed Forces generally, such as access
to morale, welfare, and recreation (MWR) facilities,
child care, and education tuition assistance, and the
estimated value, if ascertainable, of the availability
of such programs in the area where the member is
stationed or resides.
(e) Other Outreach.--
(1) In general.--The Secretaries of the military
departments shall, on a periodic basis, conduct outreach on the
pay, benefits, and programs and services available to members
of the Armed Forces by reason of service in the Armed Forces.
The outreach shall be conducted pursuant to public service
announcements, publications, and such other announcements
through general media as will serve to disseminate the
information broadly among the general public.
(2) Internet outreach website.--
(A) In general.--The Secretary of Defense shall
establish an Internet website for the purpose of
providing the comprehensive information about the
benefits and offsets described in subsection (c) to
members of the Armed Forces and their families.
(B) Contact information.--The Internet website
required by subparagraph (A) shall provide contact
information, both telephone and e-mail, that a member
of the Armed Forces and a family member of the member
can use to get personalized information about the
benefits and offsets described in subsection (c).
(f) Reports.--
(1) Initial report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
implementation of the requirements of this section by the
Department of Defense. Such report shall include a description
of the quality and scope of available online resources that
provide information about benefits for members of the Armed
Forces and their families.
(2) Records maintained.--The Secretary of Defense or the
military department concerned shall maintain records that
contain the number of individuals that received a briefing
under this section in the previous year disaggregated by the
following:
(A) Whether the individual is a member of the Armed
Forces or a family member of a member of the Armed
Forces.
(B) The Armed Force of the members.
(C) The State or territory in which the briefing
occurred.
(D) The subject of the briefing.
Subtitle H--Military Voting
SEC. 581. SHORT TITLE.
This subtitle may be cited as the ``Military and Overseas Voter
Empowerment Act''.
SEC. 582. FINDINGS.
Congress makes the following findings:
(1) The right to vote is a fundamental right.
(2) Due to logistical, geographical, operational and
environmental barriers, military and overseas voters are
burdened by many obstacles that impact their right to vote and
register to vote, the most critical of which include problems
transmitting balloting materials and not being given enough
time to vote.
(3) States play an essential role in facilitating the
ability of military and overseas voters to register to vote and
have their ballots cast and counted, especially with respect to
timing and improvement of absentee voter registration and
absentee ballot procedures.
(4) The Department of Defense educates military and
overseas voters of their rights under the Uniformed and
Overseas Citizens Absentee Voting Act and plays an
indispensable role in facilitating the procedural channels that
allow military and overseas voters to have their votes count.
(5) The local, State, and Federal Government entities
involved with getting ballots to military and overseas voters
must work in conjunction to provide voter registration services
and balloting materials in a secure and expeditious manner.
SEC. 583. CLARIFICATION REGARDING DELEGATION OF STATE RESPONSIBILITIES.
A State may delegate its responsibilities in carrying out the
requirements under the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff et seq.) imposed as a result of the provisions of
and amendments made by this Act to jurisdictions of the State.
SEC. 584. ESTABLISHMENT OF PROCEDURES FOR ABSENT UNIFORMED SERVICES
VOTERS AND OVERSEAS VOTERS TO REQUEST AND FOR STATES TO
SEND VOTER REGISTRATION APPLICATIONS AND ABSENTEE BALLOT
APPLICATIONS BY MAIL AND ELECTRONICALLY.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) in addition to any other method of registering to
vote or applying for an absentee ballot in the State, establish
procedures--
``(A) for absent uniformed services voters and
overseas voters to request by mail and electronically
voter registration applications and absentee ballot
applications with respect to general, special, primary,
and runoff elections for Federal office in accordance
with subsection (e);
``(B) for States to send by mail and electronically
(in accordance with the preferred method of
transmission designated by the absent uniformed
services voter or overseas voter under subparagraph
(C)) voter registration applications and absentee
ballot applications requested under subparagraph (A) in
accordance with subsection (e); and
``(C) by which the absent uniformed services voter
or overseas voter can designate whether they prefer for
such voter registration application or absentee ballot
application to be transmitted by mail or
electronically.''; and
(2) by adding at the end the following new subsection:
``(e) Designation of Means of Electronic Communication for Absent
Uniformed Services Voters and Overseas Voters To Request and for States
To Send Voter Registration Applications and Absentee Ballot
Applications, and for Other Purposes Related to Voting Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of electronic communication--
``(A) for use by absent uniformed services voters
and overseas voters who wish to register to vote or
vote in any jurisdiction in the State to request voter
registration applications and absentee ballot
applications under subsection (a)(6);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested
under such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to absent uniformed
services voters and overseas voters.
``(2) Clarification regarding provision of multiple means
of electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to absent uniformed
services voters and overseas voters, including a means of
electronic communication for the appropriate jurisdiction of
the State.
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include a
means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to absent uniformed
services voters and overseas voters.
``(4) Availability and maintenance of online repository of
state contact information.--The Federal Voting Assistance
Program of the Department of Defense shall maintain and make
available to the public an online repository of State contact
information with respect to elections for Federal office,
including the single State office designated under subsection
(b) and the means of electronic communication designated under
paragraph (1), to be used by absent uniformed services voters
and overseas voters as a resource to send voter registration
applications and absentee ballot applications to the
appropriate jurisdiction in the State.
``(5) Transmission if no preference indicated.--In the case
where an absent uniformed services voter or overseas voter does
not designate a preference under subsection (a)(6)(C), the
State shall transmit the voter registration application or
absentee ballot application by any delivery method allowable in
accordance with applicable State law, or if there is no
applicable State law, by mail.
``(6) Security and privacy protections.--
``(A) Security protections.--To the extent
practicable, States shall ensure that the procedures
established under subsection (a)(6) protect the
security and integrity of the voter registration and
absentee ballot application request processes.
``(B) Privacy protections.--To the extent
practicable, the procedures established under
subsection (a)(6) shall ensure that the privacy of the
identity and other personal data of an absent uniformed
services voter or overseas voter who requests or is
sent a voter registration application or absentee
ballot application under such subsection is protected
throughout the process of making such request or being
sent such application.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 585. ESTABLISHMENT OF PROCEDURES FOR STATES TO TRANSMIT BLANK
ABSENTEE BALLOTS BY MAIL AND ELECTRONICALLY TO ABSENT
UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 584, is
amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(7) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail and electronically blank absentee ballots
to absent uniformed services voters and overseas voters with
respect to general, special, primary, and runoff elections for
Federal office in accordance with subsection (f).''; and
(2) by adding at the end the following new subsection:
``(f) Transmission of Blank Absentee Ballots by Mail and
Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to transmit blank absentee ballots by mail
and electronically (in accordance with the preferred
method of transmission designated by the absent
uniformed services voter or overseas voter under
subparagraph (B)) to absent uniformed services voters
and overseas voters for an election for Federal office;
and
``(B) by which the absent uniformed services voter
or overseas voter can designate whether they prefer for
such blank absentee ballot to be transmitted by mail or
electronically.
``(2) Transmission if no preference indicated.--In the case
where an absent uniformed services voter or overseas voter does
not designate a preference under paragraph (1)(B), the State
shall transmit the ballot by any delivery method allowable in
accordance with applicable State law, or if there is no
applicable State law, by mail.
``(3) Security and privacy protections.--
``(A) Security protections.--To the extent
practicable, States shall ensure that the procedures
established under subsection (a)(7) protect the
security and integrity of absentee ballots.
``(B) Privacy protections.--To the extent
practicable, the procedures established under
subsection (a)(7) shall ensure that the privacy of the
identity and other personal data of an absent uniformed
services voter or overseas voter to whom a blank
absentee ballot is transmitted under such subsection is
protected throughout the process of such
transmission.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 586. ENSURING ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS
HAVE TIME TO VOTE.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1(a)(1)), as amended by section
585, is amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraph:
``(8) transmit a validly requested absentee ballot to an
absent uniformed services voter or overseas voter--
``(A) except as provided in subsection (g), in the
case where the request is received at least 45 days
before an election for Federal office, not later than
45 days before the election; and
``(B) in the case where the request is received
less than 45 days before an election for Federal
office--
``(i) in accordance with State law; and
``(ii) if practicable and as determined
appropriate by the State, in a manner that
expedites the transmission of such absentee
ballot.''.
(2) by adding at the end the following new subsection:
``(g) Hardship Exemption.--
``(1) In general.--If the chief State election official
determines that the State is unable to meet the requirement
under subsection (a)(8)(A) with respect to an election for
Federal office due to an undue hardship described in paragraph
(2)(B), the chief State election official shall request that
the Presidential designee grant a waiver to the State of the
application of such subsection. Such request shall include--
``(A) a recognition that the purpose of such
subsection is to allow absent uniformed services voters
and overseas voters enough time to vote in an election
for Federal office;
``(B) an explanation of the hardship that indicates
why the State is unable to transmit absent uniformed
services voters and overseas voters an absentee ballot
in accordance with such subsection;
``(C) the number of days prior to the election for
Federal office that the State requires absentee ballots
be transmitted to absent uniformed services voters and
overseas voters; and
``(D) a comprehensive plan to ensure that absent
uniformed services voters and overseas voters are able
to receive absentee ballots which they have requested
and submit marked absentee ballots to the appropriate
State election official in time to have that ballot
counted in the election for Federal office, which
includes--
``(i) the steps the State will undertake to
ensure that absent uniformed services voters
and overseas voters have time to receive, mark,
and submit their ballots in time to have those
ballots counted in the election;
``(ii) why the plan provides absent
uniformed services voters and overseas voters
sufficient time to vote as a substitute for the
requirements under such subsection; and
``(iii) the underlying factual information
which explains how the plan provides such
sufficient time to vote as a substitute for
such requirements.
``(2) Approval of waiver request.--After consulting with
the Attorney General, the Presidential designee shall approve a
waiver request under paragraph (1) if the Presidential designee
determines each of the following requirements are met:
``(A) The comprehensive plan under subparagraph (D)
of such paragraph provides absent uniformed services
voters and overseas voters sufficient time to receive
absentee ballots they have requested and submit marked
absentee ballots to the appropriate State election
official in time to have that ballot counted in the
election for Federal office.
``(B) One or more of the following issues creates
an undue hardship for the State:
``(i) The State's primary election date
prohibits the State from complying with
subsection (a)(8)(A).
``(ii) The State has suffered a delay in
generating ballots due to a legal contest.
``(iii) The State Constitution prohibits
the State from complying with such subsection.
``(3) Timing of waiver.--
``(A) In general.--Except as provided under
subparagraph (B), a State that requests a waiver under
paragraph (1) shall submit to the Presidential designee
the written waiver request not later than 90 days
before the election for Federal office with respect to
which the request is submitted. The Presidential
designee shall approve or deny the waiver request not
later than 65 days before such election.
``(B) Exception.--If a State requests a waiver
under paragraph (1) as the result of an undue hardship
described in paragraph (2)(B)(ii), the State shall
submit to the Presidential designee the written waiver
request as soon as practicable. The Presidential
designee shall approve or deny the waiver request not
later than 5 business days after the date on which the
request is received.
``(4) Application of waiver.--A waiver approved under
paragraph (2) shall only apply with respect to the election for
Federal office for which the request was submitted. For each
subsequent election for Federal office, the Presidential
designee shall only approve a waiver if the State has submitted
a request under paragraph (1) with respect to such election.''.
(b) Runoff Elections.--Section 102(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as amended by
subsection (a), is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to absent
uniformed services voters and overseas voters in manner that
gives them sufficient time to vote in the runoff election.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 587. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE
BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.
(a) In General.--The Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after
section 103 the following new section:
``SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE
BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.
``(a) Establishment of Procedures.--The Presidential designee shall
establish procedures for collecting marked absentee ballots of absent
overseas uniformed services voters in regularly scheduled general
elections for Federal office, including absentee ballots prepared by
States and the Federal write-in absentee ballot prescribed under
section 103, and for delivering such marked absentee ballots to the
appropriate election officials.
``(b) Delivery to Appropriate Election Officials.--
``(1) In general.--Under the procedures established under
this section, the Presidential designee shall implement
procedures that facilitate the delivery of marked absentee
ballots of absent overseas uniformed services voters for
regularly scheduled general elections for Federal office to the
appropriate election officials, in accordance with this
section, not later than the date by which an absentee ballot
must be received in order to be counted in the election.
``(2) Cooperation and coordination with the united states
postal service.--The Presidential designee shall carry out this
section in cooperation and coordination with the United States
Postal Service, and shall provide expedited mail delivery
service for all such marked absentee ballots of absent
uniformed services voters that are collected on or before the
deadline described in paragraph (3) and then transferred to the
United States Postal Service.
``(3) Deadline described.--
``(A) In general.--Except as provided in
subparagraph (B), the deadline described in this
paragraph is noon (in the location in which the ballot
is collected) on the seventh day preceding the date of
the regularly scheduled general election for Federal
office.
``(B) Authority to establish alternative deadline
for certain locations.--If the Presidential designee
determines that the deadline described in subparagraph
(A) is not sufficient to ensure timely delivery of the
ballot under paragraph (1) with respect to a particular
location because of remoteness or other factors, the
Presidential designee may establish as an alternative
deadline for that location the latest date occurring
prior to the deadline described in subparagraph (A)
which is sufficient to provide timely delivery of the
ballot under paragraph (1).
``(4) No postage requirement.--In accordance with section
3406 of title 39, United States Code, such marked absentee
ballots and other balloting materials shall be carried free of
postage.
``(5) Date of mailing.--Such marked absentee ballots shall
be postmarked with a record of the date on which the ballot is
mailed.
``(c) Outreach for Absent Overseas Uniformed Services Voters on
Procedures.--The Presidential designee shall take appropriate actions
to inform individuals who are anticipated to be absent overseas
uniformed services voters in a regularly scheduled general election for
Federal office to which this section applies of the procedures for the
collection and delivery of marked absentee ballots established pursuant
to this section, including the manner in which such voters may utilize
such procedures for the submittal of marked absentee ballots pursuant
to this section.
``(d) Absent Overseas Uniformed Services Voter Defined.--In this
section, the term `absent overseas uniformed services voter' means an
overseas voter described in section 107(5)(A).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Presidential designee such sums as may be necessary
to carry out this section.''.
(b) Conforming Amendment.--Section 101(b) of such Act (42 U.S.C.
1973ff(b)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) carry out section 103A with respect to the collection
and delivery of marked absentee ballots of absent overseas
uniformed services voters in elections for Federal office.''.
(c) State Responsibilities.--Section 102(a) of such Act (42 U.S.C.
1973ff-1(a)), as amended by section 586, is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding the following new paragraph:
``(10) carry out section 103A(b)(1) with respect to the
processing and acceptance of marked absentee ballots of absent
overseas uniformed services voters.''.
(d) Tracking Marked Ballots.--Section 102 of such Act (42 U.S.C.
1973ff-1(a)), as amended by section 586, is amended by adding at the
end the following new subsection:
``(h) Tracking Marked Ballots.--The chief State election official,
in coordination with local election jurisdictions, shall develop a free
access system by which an absent uniformed services voter or overseas
voter may determine whether the absentee ballot of the absent uniformed
services voter or overseas voter has been received by the appropriate
State election official.''.
(e) Protecting Voter Privacy and Secrecy of Absentee Ballots.--
Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff(b)), as amended by subsection (b), is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) to the greatest extent practicable, take such actions
as may be necessary--
``(A) to ensure that absent uniformed services
voters who cast absentee ballots at locations or
facilities under the jurisdiction of the Presidential
designee are able to do so in a private and independent
manner; and
``(B) to protect the privacy of the contents of
absentee ballots cast by absentee uniformed services
voters and overseas voters while such ballots are in
the possession or control of the Presidential
designee.''.
(f) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 588. FEDERAL WRITE-IN ABSENTEE BALLOT.
(a) Use in General, Special, Primary, and Runoff Elections for
Federal Office.--
(1) In general.--Section 103 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended--
(A) in subsection (a), by striking ``general
elections for Federal office'' and inserting ``general,
special, primary, and runoff elections for Federal
office'';
(B) in subsection (e), in the matter preceding
paragraph (1), by striking ``a general election'' and
inserting ``a general, special, primary, or runoff
election for Federal office''; and
(C) in subsection (f), by striking ``the general
election'' each place it appears and inserting ``the
general, special, primary, or runoff election for
Federal office''.
(2) Effective date.--The amendments made by this subsection
shall take effect on December 31, 2010, and apply with respect
to elections for Federal office held on or after such date.
(b) Promotion and Expansion of Use.--Section 103(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
2) is amended--
(1) by striking ``General.--The Presidential'' and
inserting ``General.--
``(1) Federal write-in absentee ballot.--The
Presidential''; and
(2) by adding at the end the following new paragraph:
``(2) Promotion and expansion of use of federal write-in
absentee ballots.--
``(A) In general.--Not later than December 31,
2011, the Presidential designee shall adopt procedures
to promote and expand the use of the Federal write-in
absentee ballot as a back-up measure to vote in
elections for Federal office.
``(B) Use of technology.--Under such procedures,
the Presidential designee shall utilize technology to
implement a system under which the absent uniformed
services voter or overseas voter may--
``(i) enter the address of the voter or
other information relevant in the appropriate
jurisdiction of the State, and the system will
generate a list of all candidates in the
election for Federal office in that
jurisdiction; and
``(ii) submit the marked Federal write-in
absentee ballot by printing the ballot
(including complete instructions for submitting
the marked Federal write-in absentee ballot to
the appropriate State election official and the
mailing address of the single State office
designated under section 102(b)).
``(C) Authorization of appropriations.--There are
authorized to be appropriated to the Presidential
designee such sums as may be necessary to carry out
this paragraph.''.
SEC. 589. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION AND ABSENTEE
BALLOT APPLICATIONS, MARKED ABSENTEE BALLOTS, AND FEDERAL
WRITE-IN ABSENTEE BALLOTS FOR FAILURE TO MEET CERTAIN
REQUIREMENTS.
(a) Voter Registration and Absentee Ballot Applications.--Section
102 of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-1), as amended by section 587, is amended by adding at
the end the following new subsection:
``(i) Prohibiting Refusal To Accept Applications for Failure To
Meet Certain Requirements.--A State shall not refuse to accept and
process any otherwise valid voter registration application or absentee
ballot application (including the official post card form prescribed
under section 101) or marked absentee ballot submitted in any manner by
an absent uniformed services voter or overseas voter solely on the
basis of the following:
``(1) Notarization requirements.
``(2) Restrictions on paper type, including weight and
size.
``(3) Restrictions on envelope type, including weight and
size.''.
(b) Federal Write-In Absentee Ballot.--Section 103 of such Act (42
U.S.C. 1973ff-2) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Prohibiting Refusal To Accept Ballot for Failure To Meet
Certain Requirements.--A State shall not refuse to accept and process
any otherwise valid Federal write-in absentee ballot submitted in any
manner by an absent uniformed services voter or overseas voter solely
on the basis of the following:
``(1) Notarization requirements.
``(2) Restrictions on paper type, including weight and
size.
``(3) Restrictions on envelope type, including weight and
size.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 590. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.
(a) Federal Voting Assistance Program Improvements.--
(1) In general.--The Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended by
section 587, is amended by inserting after section 103A the
following new section:
``SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.
``(a) Duties.--The Presidential designee shall carry out the
following duties:
``(1) Develop online portals of information to inform
absent uniformed services voters regarding voter registration
procedures and absentee ballot procedures to be used by such
voters with respect to elections for Federal office.
``(2) Establish a program to notify absent uniformed
services voters of voter registration information and
resources, the availability of the Federal postcard
application, and the availability of the Federal write-in
absentee ballot on the military Global Network, and shall use
the military Global Network to notify absent uniformed services
voters of the foregoing 90, 60, and 30 days prior to each
election for Federal office.
``(b) Clarification Regarding Other Duties and Obligations.--
Nothing in this section shall relieve the Presidential designee of
their duties and obligations under any directives or regulations issued
by the Department of Defense, including the Department of Defense
Directive 1000.04 (or any successor directive or regulation) that is
not inconsistent or contradictory to the provisions of this section.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Federal Voting Assistance Program of the Department
of Defense (or a successor program) such sums as are necessary for
purposes of carrying out this section.''.
(2) Conforming amendments.--Section 101 of such Act (42
U.S.C. 1973ff), as amended by section 587, is amended--
(A) in subparagraph (b)--
(i) by striking ``and'' at the end of
paragraph (8);
(ii) by striking the period at the end of
paragraph (9) and inserting ``; and''; and
(iii) by adding at the end the following
new paragraph:
``(10) carry out section 103B with respect to Federal
Voting Assistance Program Improvements.''; and
(B) by adding at the end the following new
subsection:
``(d) Authorization of Appropriations for Carrying Out Federal
Voting Assistance Program Improvements.--There are authorized to be
appropriated to the Presidential designee such sums as are necessary
for purposes of carrying out subsection (b)(10).''.
(b) Voter Registration Assistance for Absent Uniformed Services
Voters.--Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-1), as amended by section 589, is amended
by adding at the end the following new subsection:
``(j) Voter Registration Assistance for Absent Uniformed Services
Voters.--
``(1) Designating an office as a voter registration agency
on each installation of the armed forces.--Not later than 180
days after the date of enactment of this subsection, each
Secretary of a military department shall take appropriate
actions to designate an office on each installation of the
Armed Forces under the jurisdiction of such Secretary
(excluding any installation in a theater of combat), consistent
across every installation of the department of the Secretary
concerned, to provide each individual described in paragraph
(3)--
``(A) written information on voter registration
procedures and absentee ballot procedures (including
the official post card form prescribed under section
101);
``(B) the opportunity to register to vote in an
election for Federal office;
``(C) the opportunity to update the individual's
voter registration information, including clear written
notice and instructions for the absent uniformed
services voter to change their address by submitting
the official post card form prescribed under section
101 to the appropriate State election official; and
``(D) the opportunity to request an absentee ballot
under this Act.
``(2) Development of procedures.--Each Secretary of a
military department shall develop, in consultation with each
State and the Presidential designee, the procedures necessary
to provide the assistance described in paragraph (1).
``(3) Individuals described.--The following individuals are
described in this paragraph:
``(A) An absent uniformed services voter--
``(i) who is undergoing a permanent change
of duty station;
``(ii) who is deploying overseas for at
least 6 months;
``(iii) who is or returning from an
overseas deployment of at least 6 months; or
``(iv) who at any time requests assistance
related to voter registration.
``(B) All other absent uniformed services voters
(as defined in section 107(1)).
``(4) Timing of provision of assistance.--The assistance
described in paragraph (1) shall be provided to an absent
uniformed services voter--
``(A) described in clause (i) of paragraph (3)(A),
as part of the administrative in-processing of the
member upon arrival at the new duty station of the
absent uniformed services voter;
``(B) described in clause (ii) of such paragraph,
as part of the administrative in-processing of the
member upon deployment from the home duty station of
the absent uniformed services voter;
``(C) described in clause (iii) of such paragraph,
as part of the administrative in-processing of the
member upon return to the home duty station of the
absent uniformed services voter;
``(D) described in clause (iv) of such paragraph,
at any time the absent uniformed services voter
requests such assistance; and
``(E) described in paragraph (3)(B), at any time
the absent uniformed services voter requests such
assistance.
``(5) Pay, personnel, and identification offices of the
department of defense.--The Secretary of Defense may designate
pay, personnel, and identification offices of the Department of
Defense for persons to apply to register to vote, update the
individual's voter registration information, and request an
absentee ballot under this Act.
``(6) Treatment of offices designated as voter registration
agencies.--An office designated under paragraph (1) or (5)
shall be considered to be a voter registration agency
designated under section 7(a)(2) of the National Voter
Registration Act of 1993 for all purposes of such Act.
``(7) Outreach to absent uniformed services voters.--The
Secretary of each military department or the Presidential
designee shall take appropriate actions to inform absent
uniformed services voters of the assistance available under
this subsection including--
``(A) the availability of voter registration
assistance at offices designated under paragraphs (1)
and (5); and
``(B) the time, location, and manner in which an
absent uniformed voter may utilize such assistance.
``(8) Definition of military department and secretary
concerned.--In this subsection, the terms `military department'
and `Secretary concerned' have the meaning given such terms in
paragraphs (8) and (9), respectively, of section 101 of title
10, United States Code.
``(9) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 591. DEVELOPMENT OF STANDARDS FOR REPORTING AND STORING CERTAIN
DATA.
(a) In General.--Section 101(b) of such Act (42 U.S.C. 1973ff(b)),
as amended by section 590, is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) working with the Election Assistance Commission and
the chief State election official of each State, develop
standards--
``(A) for States to report data on the number of
absentee ballots transmitted and received under section
102(c) and such other data as the Presidential designee
determines appropriate; and
``(B) for the Presidential designee to store the
data reported.''.
(b) Conforming Amendment.--Section 102(a) of such Act (42 U.S.C.
1973ff-1(a)), as amended by section 587, is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) report data on the number of absentee ballots
transmitted and received under section 102(c) and such other
data as the Presidential designee determines appropriate in
accordance with the standards developed by the Presidential
designee under section 101(b)(11).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 592. REPEAL OF PROVISIONS RELATING TO USE OF SINGLE APPLICATION
FOR ALL SUBSEQUENT ELECTIONS.
(a) In General.--Subsections (a) through (d) of section 104 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
3) are repealed.
(b) Conforming Amendments.--The Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended--
(1) in section 101(b)--
(A) in paragraph (2), by striking ``, for use by
States in accordance with section 104''; and
(B) in paragraph (4), by striking ``for use by
States in accordance with section 104''; and
(2) in section 104, as amended by subsection (a)--
(A) in the section heading, by striking ``use of
single application for all subsequent elections'' and
inserting ``prohibition of refusal of applications on
grounds of early submission''; and
(B) in subsection (e), by striking ``(e)
Prohibition of Refusal of Applications on Grounds of
Early Submission.--''.
SEC. 593. REPORTING REQUIREMENTS.
The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff et seq.) is amended by inserting after section 105 the following
new section:
``SEC. 105A. REPORTING REQUIREMENTS.
``(a) Report on Status of Implementation and Assessment of
Programs.--Not later than 180 days after the date of the enactment of
the Military and Overseas Voter Empowerment Act, the Presidential
designee shall submit to the relevant committees of Congress a report
containing the following information:
``(1) The status of the implementation of the procedures
established for the collection and delivery of marked absentee
ballots of absent overseas uniformed services voters under
section 103A, and a detailed description of the specific steps
taken towards such implementation for the regularly scheduled
general election for Federal office held in November 2010.
``(2) An assessment of the effectiveness of the Voting
Assistance Officer Program of the Department of Defense, which
shall include the following:
``(A) A thorough and complete assessment of whether
the Program, as configured and implemented as of such
date of enactment, is effectively assisting absent
uniformed services voters in exercising their right to
vote.
``(B) An inventory and explanation of any areas of
voter assistance in which the Program has failed to
accomplish its stated objectives and effectively assist
absent uniformed services voters in exercising their
right to vote.
``(C) As necessary, a detailed plan for the
implementation of any new program to replace or
supplement voter assistance activities required to be
performed under this Act.
``(3) A detailed description of the specific steps taken
towards the implementation of voter registration assistance for
absent uniformed services voters under section 102(j),
including the designation of offices under paragraphs (1) and
(5) of such section.
``(b) Annual Report on Effectiveness of Activities and Utilization
of Certain Procedures.--Not later than March 31 of each year, the
Presidential designee shall transmit to the President and to the
relevant committees of Congress a report containing the following
information:
``(1) An assessment of the effectiveness of activities
carried out under section 103B, including the activities and
actions of the Federal Voting Assistance Program of the
Department of Defense, a separate assessment of voter
registration and participation by absent uniformed services
voters, a separate assessment of voter registration and
participation by overseas voters who are not members of the
uniformed services, and a description of the cooperation
between States and the Federal Government in carrying out such
section.
``(2) A description of the utilization of voter
registration assistance under section 102(j), which shall
include the following:
``(A) A description of the specific programs
implemented by each military department of the Armed
Forces pursuant to such section.
``(B) The number of absent uniformed services
voters who utilized voter registration assistance
provided under such section.
``(3) In the case of a report submitted under this
subsection in the year following a year in which a regularly
scheduled general election for Federal office is held, a
description of the utilization of the procedures for the
collection and delivery of marked absentee ballots established
pursuant to section 103A, which shall include the number of
marked absentee ballots collected and delivered under such
procedures and the number of such ballots which were not
delivered by the time of the closing of the polls on the date
of the election (and the reasons such ballots were not so
delivered).
``(c) Definitions.--In this section:
``(1) Absent overseas uniformed services voter.--The term
`absent overseas uniformed services voter' has the meaning
given such term in section 103A(d).
``(2) Presidential designee.--The term `Presidential
designee' means the Presidential designee under section 101(a).
``(3) Relevant committees of congress defined.--The term
`relevant committees of Congress' means--
``(A) the Committees on Appropriations, Armed
Services, and Rules and Administration of the Senate;
and
``(B) the Committees on Appropriations, Armed
Services, and House Administration of the House of
Representatives.''.
SEC. 594. ANNUAL REPORT ON ENFORCEMENT.
Section 105 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973f-4) is amended--
(1) by striking ``The Attorney'' and inserting ``(a) In
General.--The Attorney''; and
(2) by adding at the end the following new subsection:
``(b) Report to Congress.--Not later than December 31 of each year,
the Attorney General shall submit to Congress an annual report on any
civil action brought under subsection (a) during the preceding year.''.
SEC. 595. REQUIREMENTS PAYMENTS.
(a) Use of Funds.--Section 251(b) of the Help America Vote Act of
2002 (42 U.S.C. 15401(b)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Activities under uniformed and overseas citizens
absentee voting act.--A State shall use a requirements payment
made using funds appropriated pursuant to the authorization
under section 257(4) only to meet the requirements under the
Uniformed and Overseas Citizens Absentee Voting Act imposed as
a result of the provisions of and amendments made by the
Military and Overseas Voter Empowerment Act.''.
(b) Requirements.--
(1) State plan.--Section 254(a) of the Help America Vote
Act of 2002 (42 U.S.C. 15404(a)) is amended by adding at the
end the following new paragraph:
``(14) How the State plan will comply with the provisions
and requirements of and amendments made by the Military and
Overseas Voter Empowerment Act.''.
(2) Conforming amendments.--Section 253(b) of the Help
America Vote Act of 2002 (42 U.S.C. 15403(b)) is amended--
(A) in paragraph (1)(A), by striking ``section
254'' and inserting ``subsection (a) of section 254
(or, in the case where a State is seeking a
requirements payment made using funds appropriated
pursuant to the authorization under section 257(4),
paragraph (14) of section 254)''; and
(B) in paragraph (2)--
(i) by striking ``(2) The State'' and
inserting ``(2)(A) Subject to subparagraph (B),
the State''; and
(ii) by inserting after subparagraph (A),
as added by clause (i), the following new
subparagraph:
``(B) The requirement under subparagraph (A) shall not
apply in the case of a requirements payment made using funds
appropriated pursuant to the authorization under section
257(4).''.
(c) Authorization.--Section 257(a) of the Help America Vote Act of
2002 (42 U.S.C. 15407(a)) is amended by adding at the end the following
new paragraph:
``(4) For fiscal year 2010 and subsequent fiscal years,
such sums as are necessary for purposes of making requirements
payments to States to carry out the activities described in
section 251(b)(3).''.
SEC. 596. TECHNOLOGY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Absent uniformed services voter.--The term ``absent
uniformed services voter'' has the meaning given such term in
section 107(a) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.).
(2) Overseas voter.--The term ``overseas voter'' has the
meaning given such term in section 107(5) of such Act.
(3) Presidential designee.--The term ``Presidential
designee'' means the individual designated under section 101(a)
of such Act.
(b) Establishment.--
(1) In general.--The Presidential designee may establish 1
or more pilot programs under which the feasibility of new
election technology is tested for the benefit of absent
uniformed services voters and overseas voters claiming rights
under the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(2) Design and conduct.--The design and conduct of a pilot
program established under this subsection--
(A) shall be at the discretion of the Presidential
designee; and
(B) shall not conflict with or substitute for
existing laws, regulations, or procedures with respect
to the participation of absent uniformed services
voters and military voters in elections for Federal
office.
(c) Considerations.--In conducting a pilot program established
under subsection (b), the Presidential designee may consider the
following issues:
(1) The transmission of electronic voting material across
military networks.
(2) Virtual private networks, cryptographic voting systems,
centrally controlled voting stations, and other information
security techniques.
(3) The transmission of ballot representations and scanned
pictures in a secure manner.
(4) Capturing, retaining, and comparing electronic and
physical ballot representations.
(5) Utilization of voting stations at military bases.
(6) Document delivery and upload systems.
(7) The functional effectiveness of the application or
adoption of the pilot program to operational environments,
taking into account environmental and logistical obstacles and
State procedures.
(d) Reports.--The Presidential designee shall submit to Congress
reports on the progress and outcomes of any pilot program conducted
under this subsection, together with recommendations--
(1) for the conduct of additional pilot programs under this
section; and
(2) for such legislation and administrative action as the
Presidential designee determines appropriate.
(e) Technical Assistance.--
(1) In general.--The Election Assistance Commission and the
National Institute of Standards and Technology shall work with
the Presidential designee to support the pilot program or
programs established under this section through best practices
or standards and in accordance with electronic absentee voting
guidelines established under the first sentence of section
1604(a)(2) of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 1977ff
note), as amended by section 567 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 1919).
(2) Report.--In the case where the Election Assistance
Commission has not established electronic absentee voting
guidelines under such section 1604(a)(2), as so amended, by not
later than 180 days after enactment of this Act, the Election
Assistance Commission shall submit to the relevant committees
of Congress a report containing the following information:
(A) The reasons such guidelines have not been
established as of such date.
(B) A detailed timeline for the establishment of
such guidelines.
(C) A detailed explanation of the Commission's
actions in establishing such guidelines since the date
of enactment of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 1919).
(3) Relevant committees of congress defined.--In this
subsection, the term ``relevant committees of Congress''
means--
(A) the Committees on Appropriations, Armed
Services, and Rules and Administration of the Senate;
and
(B) the Committees on Appropriations, Armed
Services, and House Administration of the House of
Representatives.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
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. COMPTROLLER GENERAL OF THE UNITED STATES COMPARATIVE
ASSESSMENT OF MILITARY AND PRIVATE-SECTOR PAY AND
BENEFITS.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study comparing pay and benefits provided by law to
members of the Armed Forces with pay and benefits provided by the
private sector to comparably situated private-sector employees.
(b) Elements.--The study required by subsection (a) shall include,
but not be limited to, the following:
(1) An assessment of total military compensation for
officers and for enlisted personnel, including basic pay, the
basic allowance for housing (BAH), the basic allowance for
subsistence (BAS), tax benefits applicable to military pay and
allowances under Federal law (including the Social Security
laws) and State law, military retirement benefits, commissary
and exchange privileges, and military healthcare benefits.
(2) An assessment of private-sector pay and benefits for
civilians of similar age, education, and experience in like
fields of officers and enlisted personnel of the Armed Forces,
including pay, bonuses, employee options, fringe benefits,
retirement benefits, individual retirement investment benefits,
flexible spending accounts and health savings accounts, and any
other elements of private-sector compensation that the
Comptroller General considers appropriate.
(3) An identification of the percentile of comparable
private-sector compensation at which members of the Armed
Forces are paid, including an assessment of the adequacy of
percentile comparisons generally and whether the Department of
Defense goal of compensating members of the Armed Forces at the
80th percentile of comparable private-sector compensation, as
described in the 10th Quadrennial Review of Military
Compensation, is appropriate and adequate to achieve
comparability of pay between members of the Armed Forces and
private-sector employees.
(c) Report.--The Comptroller General shall submit to the
congressional defense committees a report on the study required by
subsection (a) by not later than April 1, 2010.
SEC. 603. INCREASE IN MAXIMUM MONTHLY AMOUNT OF SUPPLEMENTAL
SUBSISTENCE ALLOWANCE FOR LOW-INCOME MEMBERS WITH
DEPENDENTS.
(a) Increase in Maximum Monthly Amount.--Section 402a(a) of title
37, United States Code, is amended--
(1) in paragraph (2), by striking ``$500'' and inserting
``$1,100''; and
(2) in paragraph (3)(B), by striking ``$500'' and inserting
``$1,100''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2009, and shall apply with respect to monthly
supplemental subsistence allowances for low-income members with
dependents payable on or after that date.
(c) Report on Elimination of Reliance on Supplemental Nutrition
Assistance Program To Meet Nutritional Needs of Members of the Armed
Forces and Their Dependents.--
(1) In general.--Not later than September 1, 2010, the
Secretary of Defense shall, in consultation with the Secretary
of Agriculture, submit to the congressional defense committees
a report setting forth a plan for actions to eliminate the need
for members of the Armed Forces and their dependents to rely on
the supplemental nutrition assistance program under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for their monthly
nutritional needs.
(2) Elements.--The plan required by paragraph (1) shall
address the following:
(A) An appropriate amount or amounts for the
monthly supplemental subsistence allowance for low-
income members with dependents payable under section
402a of title 37, United States Code.
(B) Such modifications, if any, to the eligibility
requirements for the monthly supplemental subsistence
allowance, including limitations on the maximum size of
the household of a member for purposes of eligibility
for the allowance, as the Secretary of Defense
considers appropriate.
(C) The advisability of requiring members of the
Armed Forces to apply for the monthly supplemental
subsistence allowance before seeking assistance under
the supplemental nutrition assistance program.
(D) Such other matters as the Secretary of Defense
considers appropriate.
SEC. 604. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE
PROGRAM FOR CERTAIN PERIODS BEFORE IMPLEMENTATION OF
PROGRAM.
(a) In General.--Under regulations prescribed by the Secretary of
Defense, the Secretary concerned may provide any member or former
member of the Armed Forces with the benefits specified in subsection
(b) if the member or former member would, on any day during the period
beginning on January 19, 2007, and ending on the date of the
implementation of the Post-Deployment/Mobilization Respite Absence
(PDMRA) program by the Secretary concerned, have qualified for a day of
administrative absence under the Post-Deployment/Mobilization Respite
Absence program had the program been in effect during such period.
(b) Benefits.--The benefits specified in this subsection are the
following:
(1) In the case of an individual who is a former member of
the Armed Forces at the time of the provision of benefits under
this section, payment of an amount not to exceed $200 for each
day the individual would have qualified for a day of
administrative absence as described in subsection (a) during
the period specified in that subsection.
(2) In the case of an individual who is a member of the
Armed Forces at the time of the provision of benefits under
this section, either one day of administrative absence or
payment of an amount not to exceed $200, as selected by the
Secretary concerned, for each day the individual would have
qualified for a day of administrative absence as described in
subsection (a) during the period specified in that subsection.
(c) Exclusion of Certain Former Members.--A former member of the
Armed Forces is not eligible under this section for the benefits
specified in subsection (b)(1) if the former member was discharged or
released from the Armed Forces under other than honorable conditions.
(d) Maximum Number of Days of Benefits Providable.--The number of
days of benefits providable to a member or former member of the Armed
Forces under this section may not exceed 40 days of benefits.
(e) Form of Payment.--The paid benefits providable under subsection
(b) may be paid in a lump sum or installments, at the election of the
Secretary concerned.
(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.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title
37, United States Code, is amended by striking ``December 31, 2009''
and inserting ``December 31, 2010''.
(b) Selected Reserve Affiliation or Enlistment Bonus.--Section
308c(i) of such title is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
(d) Ready Reserve Enlistment Bonus for Persons Without Prior
Service.--Section 308g(f)(2) of such title is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
(e) Ready Reserve Enlistment and Reenlistment Bonus for Persons
With Prior Service.--Section 308h(e) of such title is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
(f) Selected Reserve Enlistment Bonus for Persons With Prior
Service.--Section 308i(f) of such title is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
(g) Income Replacement Payments.--Section 910(g) of such title is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2009'' and inserting ``December 31, 2010''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
(c) Accession and Retention Bonuses for Psychologists.--Section
302c-1(f) of title 37, United States Code, is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
(d) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
such title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(e) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2009''
and inserting ``December 31, 2010''.
(f) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(e) of such title is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
(g) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(h) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such
title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(i) Accession Bonus for Medical Officers in Critically Short
Wartime Specialties.--Section 302k(f) of such title is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
(j) Accession Bonus for Dental Specialist Officers in Critically
Short Wartime Specialties.--Section 302l(g) of such title is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR
OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(f) of title 37, United States Code, is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2009'' and inserting ``December
31, 2010''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED
SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.
(a) General Bonus Authority for Enlisted Members.--Section 331(h)
of title 37, United States Code, is amended by striking ``December 31,
2009'' and inserting ``December 31, 2010''.
(b) General Bonus Authority for Officers.--Section 332(g) of such
title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(c) Special Bonus and Incentive Pay Authorities for Nuclear
Officers.--Section 333(i) of such title is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
(d) Special Aviation Incentive Pay and Bonus Authorities.--Section
334(i) of such title is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010''.
(e) Special Health Professions Incentive Pay and Bonus
Authorities.--Section 335(k) of such title is amended by striking
``December 31, 2009'' and inserting ``December 31, 2010''.
(f) Hazardous Duty Pay.--Section 351(i) of such title is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
(g) Assignment Pay or Special Duty Pay.--Section 352(g) of such
title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(h) Skill Incentive Pay or Proficiency Bonus.--Section 353(j) of
such title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(i) Retention Bonus for Members With Critical Military Skills or
Assigned to High Priority Units.--Section 355(i) of such title is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE
37 BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010''.
(b) Assignment Incentive Pay.--Section 307a(g) of such title is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
(c) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
(d) Enlistment Bonus.--Section 309(e) of such title is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
(e) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010''.
(f) Incentive Bonus for Conversion to Military Occupational
Specialty to Ease Personnel Shortage.--Section 326(g) of such title is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
(g) Incentive Bonus for Transfer Between Armed Forces.--Section
327(h) of such title is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2010''.
(h) Accession Bonus for Officer Candidates.--Section 330(f) of such
title is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
SEC. 616. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL
BONUSES.
(a) Health Professions Referral Bonus.--Section 1030(i) of title
10, United States Code, is amended by striking ``December 31, 2009''
and inserting ``December 31, 2010''.
(b) Army Referral Bonus.--Section 3252(h) of such title is amended
by striking ``December 31, 2009'' and inserting ``December 31, 2010''.
SEC. 617. SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED SERVICES
WITH SERIOUS INJURIES OR ILLNESSES REQUIRING ASSISTANCE
IN EVERYDAY LIVING.
(a) In General.--Chapter 7 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 439. Special compensation: members of the uniformed services
with serious injuries or illnesses requiring assistance
in everyday living
``(a) Monthly Compensation.--The Secretary concerned may pay to any
member of the uniformed services described in subsection (b) monthly
special compensation in an amount determined under subsection (c).
``(b) Covered Members.--A member eligible for monthly special
compensation authorized by subsection (a) is a member who--
``(1) has been certified by a licensed physician to be in
need of assistance from another person to perform the personal
functions required in everyday living;
``(2) has a serious injury, disorder, or disease of either
a temporary or permanent nature that--
``(A) is incurred or aggravated in the line of
duty; and
``(B) compromises the member's ability to carry out
one or more activities of daily living or requires the
member to be constantly supervised to avoid physical
harm to the member or to others; and
``(3) meets such other criteria, if any, as the Secretary
of Defense (or the Secretary of Homeland Security, with respect
to the Coast Guard) prescribes for purposes of this section.
``(c) Amount.--(1) The amount of monthly special compensation
payable to a member under subsection (a) shall be determined under
criteria prescribed by the Secretary of Defense (or the Secretary of
Homeland Security, with respect to the Coast Guard), but may not exceed
the amount of aid and attendance allowance authorized by section
1114(r)(2) of title 38 for veterans in need of aid and attendance.
``(2) In determining the amount of monthly special compensation,
the Secretary concerned shall consider the following:
``(A) The extent to which home health care and related
services are being provided by the Government.
``(B) The extent to which aid and attendance services are
being provided by family and friends who may be compensated
with funds provided through the monthly special compensation.
``(d) Payment Until Medical Retirement.--Monthly special
compensation is payable under this section to a member described in
subsection (b) for any month that begins before the date on which the
member is medically retired.
``(e) Construction With Other Pay and Allowances.--Monthly special
compensation payable to a member under this section is in addition to
any other pay and allowances payable to the member by law.
``(f) Benefit Information.--The Secretary of Defense, in
collaboration with the Secretary of Veterans Affairs, shall ensure that
members of the uniformed services who may be eligible for compensation
under this section are made aware of the availability of such
compensation by including information about such compensation in
written and online materials for such members and their families.
``(g) Regulations.--The Secretary of Defense (or the Secretary of
Homeland Security, with respect to the Coast Guard) shall prescribe
regulations to carry out this section.''.
(b) Report to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense (and the
Secretary of Homeland Security, with respect to the Coast
Guard) shall submit to Congress a report on the provision of
compensation under section 439 of title 37, United States Code,
as added by subsection (a) of this section.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An estimate of the number of members of the
uniformed services eligible for compensation under such
section 439.
(B) The number of members of the uniformed services
receiving compensation under such section.
(C) The average amount of compensation provided to
members of the uniformed services receiving such
compensation.
(D) The average amount of time required for a
member of the uniformed services to receive such
compensation after the member becomes eligible for the
compensation.
(E) A summary of the types of injuries, disorders,
and diseases of members of the uniformed services
receiving such compensation that made such members
eligible for such compensation.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by adding at the end the following
new item:
``439. Special compensation: members of the uniformed services with
serious injuries or illnesses requiring
assistance in everyday living.''.
SEC. 618. TEMPORARY AUTHORITY FOR MONTHLY SPECIAL PAY FOR MEMBERS OF
THE ARMED FORCES SUBJECT TO CONTINUING ACTIVE DUTY OR
SERVICE UNDER STOP-LOSS AUTHORITIES.
(a) Special Pay Authorized.--The Secretary of the military
department concerned may pay monthly special pay to any member of the
Armed Forces described in subsection (b) for any month or portion of a
month in which the member serves on active duty in the Armed Forces or
active status in a reserve component of the Armed Forces, including
time served performing pre-deployment and re-integration duty
regardless of whether or not such duty was performed by such a member
on active duty in the Armed Forces, or has the member's eligibility for
retirement from the Armed Forces suspended, as described in that
subsection.
(b) Covered Members.--A member of the Armed Forces described in
this subsection is any member of the Army, Navy, Air Force, or Marine
Corps (including a member of a reserve component thereof) who, at any
time during the period beginning on October 1, 2009, and ending on June
30, 2011, serves on active duty in the Armed Forces or active status in
a reserve component of the Armed Forces, including time served
performing pre-deployment and re-integration duty regardless of whether
or not such duty was performed by such a member on active duty in the
Armed Forces, while the member's enlistment or period of obligated
service is extended, or has the member's eligibility for retirement
suspended, pursuant to section 123 or 12305 of title 10, United States
Code, or any other provision of law (commonly referred to as a ``stop-
loss authority'') authorizing the President to extend an enlistment or
period of obligated service, or suspend eligibility for retirement, of
a member of the uniformed services in time of war or of national
emergency declared by Congress or the President.
(c) Amount.--The amount of monthly special pay payable to a member
under this section for a month may not exceed $500.
(d) Construction With Other Pays.--Monthly special pay payable to a
member under this section is in addition to any other amounts payable
to the member by law.
Subtitle C--Travel and Transportation Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DESIGNATED
INDIVIDUALS OF WOUNDED, ILL, OR INJURED MEMBERS OF THE
UNIFORMED SERVICES FOR DURATION OF INPATIENT TREATMENT.
(a) Authority To Provide Travel to Designated Individuals.--
Subsection (a) of section 411h of title 37, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``family members of a member
described in paragraph (2)'' and inserting
``individuals who, with respect to a member described
in paragraph (2), are designated individuals for that
member'';
(B) by striking ``that the presence of the family
member'' and inserting ``, with respect to any such
individual, that the presence of such individual''; and
(C) by striking ``of family members'' and inserting
``of designated individuals''; and
(2) by adding at the end the following new paragraph:
``(4) In the case of a designated individual who is also a member
of the uniformed services, that member may be provided travel and
transportation under this section in the same manner as a designated
individual who is not a member.''.
(b) Definition of Designated Individual.--
(1) In general.--Paragraph (1) of subsection (b) of such
section is amended by striking ``the term'' and all that
follows and inserting ``the term `designated individual', with
respect to a member, means--
``(A) an individual designated by the member for the
purposes of this section; or
``(B) in the case of a member who has not made a
designation under subparagraph (A) and, as determined by the
attending physician or surgeon, is not able to make such a
designation, an individual who, as designated by the attending
physician or surgeon and the commander or head of the military
medical facility exercising control over the member, is someone
with a personal relationship to the member whose presence may
aid and support the health and welfare of the member during the
duration of the member's inpatient treatment.''.
(2) Designations not permanent.--Paragraph (2) of such
subsection is amended to read as follows:
``(2) The designation of an individual as a designated individual
for purposes of this section may be changed at any time.''.
(c) Coverage of Members Hospitalized Outside the United States Who
Were Wounded or Injured in a Combat Operation or Combat Zone.--
(1) Coverage for hospitalization outside the united
states.--Subparagraph (B) of 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) Coverage of Members With Serious Mental Disorders.--
(1) In general.--Subsection (a)(2)(B)(i) of such section,
as amended by subsection (c) of this section, is further
amended by inserting ``(including having a serious mental
disorder)'' after ``seriously injured''.
(2) Serious mental disorder defined.--Subsection (b) of
such section 411h, as amended by subsection (b) of this
section, is further amended by adding at the end the following
new paragraph:
``(4)(A) In this section, the term `serious mental disorder', in
the case of a member, means that the member has been diagnosed with a
mental disorder that requires intensive mental health treatment or
hospitalization.
``(B) The circumstances in which a member shall be considered to
have a serious mental disorder for purposes of this section shall
include, but not be limited to, the following:
``(i) The member is considered to be a potential danger to
self or others as a result of a diagnosed mental disorder that
requires intensive mental health treatment or hospitalization.
``(ii) The member is diagnosed with a mental disorder and
has psychotic symptoms that require intensive mental health
treatment or hospitalization.
``(iii) The member is diagnosed with a mental disorder and
has severe symptoms or severe impairment in functioning that
require intensive mental health treatment or
hospitalization.''.
(e) Frequency of Authorized Travel.--Paragraph (3) of subsection
(a) of such section 411h is amended to read as follows:
``(3) Not more than a total of three roundtrips may be provided
under paragraph (1) in any 60-day period at Government expense to the
individuals who, with respect to a member, are the designated
individuals of that member in effect during that period. However, if
the Secretary concerned has granted a waiver under the second sentence
of paragraph (1) with respect to a member, then for any 60-day period
in which the waiver is in effect the limitation in the preceding
sentence shall be adjusted accordingly. In addition, during any period
during which there is in effect a non-medical attendant designation for
a member under section 411h-1 of this title, not more than a total of
two roundtrips may be provided under paragraph (1) in any 60-day period
at Government expense until there no longer is a designation of a non-
medical attendant or that designation transfers to another individual,
in which case during the transfer period three roundtrip tickets may be
provided.''.
(f) Stylistic and Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by striking ``(a)(1)'' and inserting
``(a) Travel and Transportation Authorized.--(1)'';
(2) in subsection (b)--
(A) by striking ``(b)(1)'' and inserting ``(b)
Definitions.--(1)''; and
(B) in paragraph (3)--
(i) by inserting ``(A)'' after ``(3)''; and
(ii) by adding at the end the following new
subparagraph:
``(B) In this paragraph, the term `family member', with respect to
a member, means the following:
``(i) The member's spouse.
``(ii) Children of the member (including stepchildren,
adopted children, and illegitimate children).
``(iii) Parents of the member or persons in loco parentis
to the member, including fathers and mothers through adoption
and persons who stood in loco parentis to the member for a
period not less than one year immediately before the member
entered the uniformed service, except that only one father and
one mother or their counterparts in loco parentis may be
recognized in any one case.
``(iv) Siblings of the member.
``(v) A person related to the member as described in clause
(i), (ii), (iii), or (iv) who is also a member of the uniformed
services.'';
(3) in subsection (c)--
(A) by striking ``(c)(1)'' and inserting ``(c)
Round Trip Transportation and Per Diem Allowance.--
(1)''; and
(B) in paragraph (1), by striking ``family member''
and inserting ``designated individual''; and
(4) in subsection (d), by striking ``(d)(1)'' and inserting
``(d) Method of Transportation Authorized.--(1)''.
(g) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 411h. Travel and transportation allowances: transportation of
designated individuals incident to hospitalization of
members for treatment of wounds, illness, or injury''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 7 of such
title is amended to read as follows:
``411h. Travel and transportation allowances: transportation of
designated individuals incident to
hospitalization of members for treatment of
wounds, illness, or injury.''.
(h) Conforming Amendment to Wounded Warrior Act.--Section 1602(4)
of the Wounded Warrior Act (10 U.S.C. 1071 note) is amended by striking
``411h(b)(1)'' and inserting ``411h(b)(3)(B)''.
(i) 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. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR NON-MEDICAL
ATTENDANTS OF SERIOUSLY WOUNDED, ILL, OR INJURED MEMBERS
OF THE UNIFORMED SERVICES.
(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code,
is mended by inserting after section 411h the following new
section:
``Sec. 411h-1. Travel and transportation allowances: transportation of
non-medical attendants for members who are seriously
wounded, ill, or injured
``(a) In General.--Under uniform regulations prescribed by the
Secretaries concerned, travel and transportation described in
subsection (d) may be provided for a qualified non-medical attendant
for a member of the uniformed services described in subsection (c) if
the attending physician or surgeon and the commander or head of the
military medical facility exercising control over the member jointly
determine that the presence of such an attendant may contribute to the
member's health and welfare.
``(b) Qualified Non-Medical Attendant.--For purposes of this
section, a qualified non-medical attendant with respect to a member
described in subsection (c) is an individual who--
``(1) the member designates for purposes of this section to
be a non-medical attendant for the member; or
``(2) the attending physician or surgeon and the commander
or head of the military medical facility exercising control
over the member jointly determine is an appropriate non-medical
attendant for the member whose presence may contribute to the
member's health and welfare.
``(c) Covered Members.--A member of the uniformed services
described in this subsection is a member who--
``(1) is serving on active duty, is entitled to pay and
allowances under section 204(g) of this title (or would be so
entitled if not for offsetting earned income described in that
subsection), or is retired for the wound, illness, or injury
for which the member is categorized as described in paragraph
(2);
``(2) has been determined by the attending physician or
surgeon to be in the category known as `very seriously wounded,
ill, or injured' or in the category known as `seriously
wounded, ill, and injured'; and
``(3) either--
``(A) is hospitalized for treatment of the wound,
illness, or injury for which the member is so
categorized; or
``(B) requires continuing outpatient treatment for
such wound, illness, or injury.
``(d) Travel and Transportation.--(1)(A) The transportation
authorized by subsection (a) for a qualified non-medical attendant for
a member is round-trip transportation between the home of the attendant
and the location at which the member is receiving treatment, including
transportation, while accompanying the member, to any other location to
which the member is subsequently transferred for further treatment.
``(B) In addition to the transportation authorized by subsection
(a), the Secretary concerned may provide a per diem allowance or
reimbursement, or a combination thereof, for the actual and necessary
expenses of travel as described in subparagraph (A), but at rates not
to exceed the rates for travel established under section 404(d) of this
title.
``(2) The transportation authorized by subsection (a) includes
transportation, while accompanying the member, necessary to obtain
treatment for the member at the location to which the member is
permanently assigned.
``(3) The transportation authorized by subsection (a) may be
provided by any means as follows:
``(A) Transportation in-kind.
``(B) A monetary allowance in place of transportation in-
kind.
``(C) Reimbursement for the cost of commercial
transportation.
``(4) An allowance payable under this subsection may be paid in
advance.
``(5) Reimbursement payable under this subsection for air travel
may not exceed the cost of Government-procured commercial round-trip
air travel.
``(e) Coordination With Transportation and Allowances for
Designated Individuals.--An individual may not receive travel and
transportation allowances under section 411h of this title and this
section simultaneously.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item related to section 411h the following new item:
``411h-1. Travel and transportation allowances: transportation of non-
medical attendants for members who are
seriously wounded, ill, or injured.''.
(b) Applicability.--No reimbursement may be provided under section
411h-1 of title 37, United States Code (as added by subsection (a)),
for any costs of travel or transportation incurred before the date of
the enactment of this Act.
SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF THE
RESERVE COMPONENTS OF THE ARMED FORCES ON LEAVE FOR
SUSPENSION OF TRAINING.
(a) Allowances Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 411j the following new
section:
``Sec. 411k. Travel and transportation allowances: travel performed by
certain members of the reserve components of the armed
forces in connection with leave for suspension of
training
``(a) Allowance Authorized.--The Secretary concerned may reimburse
or provide transportation to a member of a reserve component of the
armed forces on active duty for a period of more than 30 days who is
performing duty at a temporary duty station for travel between the
member's temporary duty station and the member's permanent duty station
in connection with authorized leave pursuant to a suspension of
training.
``(b) Minimum Distance Between Stations.--A member may be paid for
or provided transportation under subsection (a) only as follows:
``(1) In the case of a member who travels between a
temporary duty station and permanent duty station by air
transportation, if the distance between such stations is not
less than 300 miles.
``(2) In the case of a member who travels between a
temporary duty station and permanent duty station by ground
transportation, if the distance between such stations is more
than the normal commuting distance from the permanent duty
station (as determined under the regulations prescribed under
subsection (e)).
``(c) Minimum Period of Suspension of Training.--A member may be
paid for or provided transportation under subsection (a) only in
connection with a suspension of training covered by that subsection
that is five days or more in duration.
``(d) Limitation on Reimbursement.--The amount a member may be paid
under subsection (a) for travel may not exceed the amount that would be
paid by the government (as determined under the regulations prescribed
under subsection (e)) for the least expensive means of travel between
the duty stations concerned.
``(e) Regulations.--The Secretary concerned shall prescribe
regulations to carry out this section. Regulations prescribed by the
Secretary of a military department shall be subject to the approval of
the Secretary of Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 411j the following new item:
``411k. Travel and transportation allowances: travel performed by
certain members of the reserve components
of the armed forces in connection with
leave for suspension of training.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to travel that occurs on or after that date.
SEC. 634. REIMBURSEMENT OF TRAVEL EXPENSES OF MEMBERS OF THE ARMED
FORCES ON ACTIVE DUTY AND THEIR DEPENDENTS FOR TRAVEL FOR
SPECIALTY CARE UNDER EXCEPTIONAL CIRCUMSTANCES.
(a) Reimbursement Authorized.--Section 1074i of title 10, United
States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Reimbursement for Travel Under Exceptional Circumstances.--
The Secretary of Defense may provide reimbursement for reasonable
travel expenses of travel of members of the armed forces on active duty
and their dependents, and accompaniment, to a specialty care provider
not otherwise authorized by subsection (a) under such exceptional
circumstances as the Secretary considers appropriate for purposes of
this section.''.
(b) Technical Amendment.--Subsection (a) of such section is amended
by inserting ``of Defense'' after ``the Secretary''.
SEC. 635. TRAVEL AND TRANSPORTATION FOR SURVIVORS OF DECEASED MEMBERS
OF THE UNIFORMED SERVICES TO ATTEND MEMORIAL CEREMONIES.
(a) Allowances Authorized.--Subsection (a) of section 411f of title
37, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary concerned may provide round trip travel and
transportation allowances to eligible relatives of a member of the
uniformed services who dies while on active duty in order that the
eligible relatives may attend a memorial service for the deceased
member that occurs at a location other than the location of the burial
ceremony for which travel and transportation allowances are provided
under paragraph (1). Travel and transportation allowances may be
provided under this paragraph for travel of eligible relatives to only
one memorial service for the deceased member concerned.''.
(b) Conforming Amendments.--Subsection (c) of such section is
amended--
(1) by striking ``subsection (a)(1)'' the first place it
appears and inserting ``paragraphs (1) and (2) of subsection
(a)''; and
(2) by striking ``subsection (a)(1)'' the second place it
appears and inserting ``paragraph (1) or (2) of subsection
(a)''.
Subtitle D--Other Matters
SEC. 651. AUTHORITY TO CONTINUE PROVISION OF INCENTIVES AFTER
TERMINATION OF TEMPORARY ARMY AUTHORITY TO PROVIDE
ADDITIONAL RECRUITMENT INCENTIVES.
Subsection (i) of section 681 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3321) is
amended to read as follows:
``(i) Termination of Authority.--
``(1) In general.--The Secretary may not develop an
incentive under this section, or first provide an incentive
developed under this section to an individual, after December
31, 2009.
``(2) Continuation of incentives.--Nothing in paragraph (1)
shall be construed to prohibit or limit the continuing
provision to an individual after the date specified in that
paragraph of an incentive first provided the individual under
this section before that date.''.
SEC. 652. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES
BY DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Repeal.--
(1) In general.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e);
(ii) by striking subsection (k); and
(iii) by striking subsection (m).
(B) In section 1451(g)(1), by striking subparagraph
(C).
(C) In section 1452--
(i) in subsection (f)(2), by striking
``does not apply--'' and all that follows and
inserting ``does not apply in the case of a
deduction made through administrative error.'';
and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``,
1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person for any period before the effective date provided under
subsection (f) by reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has been in
receipt of an annuity under the Survivor Benefit Plan under subchapter
II of chapter 73 of title 10, United States Code, that is in effect
before the effective date provided under subsection (f) and that is
adjusted by reason of the amendments made by subsection (a) and who has
received a refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such refund to the
United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d) of such title is amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraph (2)(B), the Secretary concerned'' and inserting ``The
Secretary concerned''; and
(2) in paragraph (2)--
(A) by striking ``Dependent children.--'' and all
that follows through ``In the case of a member
described in paragraph (1),'' and inserting ``Dependent
children annuity when no eligible surviving spouse.--In
the case of a member described in paragraph (1),''; and
(B) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible Spouses.--
The Secretary of the military department concerned shall restore
annuity eligibility to any eligible surviving spouse who, in
consultation with the Secretary, previously elected to transfer payment
of such annuity to a surviving child or children under the provisions
of section 1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under subsection (f).
Such eligibility shall be restored whether or not payment to such child
or children subsequently was terminated due to loss of dependent status
or death. For the purposes of this subsection, an eligible spouse
includes a spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having attained age
55, or whose second or subsequent marriage has been terminated by
death, divorce or annulment.
(f) Effective Date.--The sections and the amendments made by this
section shall take effect on the later of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted.
SEC. 653. SENSE OF CONGRESS ON AIRFARES FOR MEMBERS OF THE ARMED
FORCES.
(a) Findings.--Congress makes the following findings:
(1) The Armed Forces is comprised of over 1,450,000 active-
duty members from every State and territory of the United
States who are assigned to thousands of installations,
stations, and ships worldwide and who oftentimes must travel
long distances by air at their own expense to enjoy the
benefits of leave and liberty.
(2) The United States is indebted to the members of the all
volunteer Armed Forces and their families who protect our
Nation, often experiencing long separations due to the demands
of military service and in life threatening circumstances.
(3) Military service often precludes long range planning
for leave and liberty to provide opportunities for reunions and
recreation with loved ones and requires changes in planning due
to military necessity which results in last minute changes in
planning.
(b) Sense of Congress.--It is the sense of Congress that--
(1) all United States commercial carriers should seek to
lend their support with flexible, generous policies applicable
to members of the Armed Forces who are traveling on leave or
liberty at their own expense; and
(2) each United States air carrier, for all members of the
Armed Forces who have been granted leave or liberty and who are
traveling by air at their own expense, should--
(A) seek to provide reduced air fares that are
comparable to the lowest airfare for ticketed flights
and that eliminate to the maximum extent possible
advance purchase requirements;
(B) seek to eliminate change fees or charges and
any penalties for military personnel;
(C) seek to eliminate or reduce baggage and excess
weight fees;
(D) offer flexible terms that allow members of the
Armed Forces on active duty to purchase, modify, or
cancel tickets without time restrictions, and to waive
fees (including baggage fees), ancillary costs, or
penalties; and
(E) seek to take proactive measures to ensure that
all airline employees, particularly those who issue
tickets and respond to members of the Armed Forces and
their family members are trained in the policies of the
airline aimed at benefitting members of the Armed
Forces who are on leave.
SEC. 654. CONTINUATION ON ACTIVE DUTY OF RESERVE COMPONENT MEMBERS
DURING PHYSICAL DISABILITY EVALUATION FOLLOWING
MOBILIZATION AND DEPLOYMENT.
Section 1218 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) The Secretary of a military department shall ensure that
each member of a reserve component under the jurisdiction of the
Secretary who is determined, after a mobilization and deployment to an
area in which imminent danger pay is authorized under section 310 of
title 37, to require evaluation for a physical or mental disability
which could result in separation or retirement for disability under
this chapter or placement on the temporary disability retired list or
inactive status list under this chapter is retained on active duty
during the disability evaluation process until such time as such member
is--
``(A) cleared by appropriate authorities for continuation
on active duty; or
``(B) separated, retired, or placed on the temporary
disability retired list or inactive status list.
``(2)(A) A member described in paragraph (1) may request
termination of active duty under such paragraph at any time during the
demobilization or disability evaluation process of such member.
``(B) Upon a request under subparagraph (A), a member described in
paragraph (1) shall only be released from active duty after the member
receives counseling about the consequences of termination of active
duty.
``(C) Each release from active duty under subparagraph (B) shall be
thoroughly documented.
``(3) The requirements in paragraph (1) shall expire on the date
that is five years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2010.''.
SEC. 655. USE OF LOCAL RESIDENCES FOR COMMUNITY-BASED CARE FOR CERTAIN
RESERVE COMPONENT MEMBERS.
Section 1222 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Use of Local Residences for Certain Reserve Component
Members.--(1)(A) A member of a reserve component described by
subparagraph (B) may be assigned to the community-based warrior
transition unit located nearest to the member's permanent place of
residence if residing at that location is--
``(i) medically feasible, as determined by a licensed
military health care provider; and
``(ii) consistent with--
``(I) the needs of the armed forces; and
``(II) the optimal course of medical treatment of
the member.
``(B) A member of a reserve component described by this
subparagraph is any member remaining on active duty under section
1218(d) of this title during the period the member is on active duty
under such subsection.
``(2) Nothing in this subsection shall be construed as terminating,
altering, or otherwise affecting the authority of the commander of a
member described in paragraph (1)(B) to order the member to perform
duties consistent with the member's fitness for duty.
``(3) The Secretary concerned shall pay any reasonable expenses of
transportation, lodging, and meals incurred by a member residing at the
member's permanent place of residence under this subsection in
connection with travel from the member's permanent place of residence
to a medical facility during the period in which the member is covered
by this subsection.''.
SEC. 656. ASSISTANCE WITH TRANSITIONAL BENEFITS.
(a) In General.--Chapter 61 of title 10, United States Code, is
amended by inserting after section 1218 the following new section:
``Sec. 1218a. Discharge or release from active duty: transition
assistance
``The Secretary of a military department shall provide to a member
of a reserve component under the jurisdiction of the Secretary who is
injured while on active duty in the armed forces the following before
such member is demobilized or separated from the armed forces:
``(1) Information on the availability of care and
administrative processing through community based warrior
transition units.
``(2) The location of the community based warrior
transition unit located nearest to the member's permanent place
of residence.
``(3) An opportunity to consult with a member of the
applicable judge advocate general's corps, or other qualified
legal assistance attorney, regarding the member's eligibility
for compensation, disability, or other transitional
benefits.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 61 of such title is amended by inserting after the item
relating to section 1218 the following new item:
``1218a. Discharge or release from active duty: transition
assistance.''.
SEC. 657. REPORT ON RECRUITMENT AND RETENTION OF MEMBERS OF THE AIR
FORCE IN NUCLEAR CAREER FIELDS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report on the efforts of the Air
Force to attract and retain qualified individuals for service as
members of the Air Force involved in the operation, maintenance,
handling, and security of nuclear weapons.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of current reenlistment rates, set forth
by Air Force Specialty Code, of members of the Air Force
serving in positions involving the operation, maintenance,
handling, and security of nuclear weapons.
(2) A description of the current personnel fill rate for
Air Force units involved in the operation, maintenance,
handling, and security of nuclear weapons.
(3) An description of the steps the Air Force has taken,
including the use of retention bonuses or assignment incentive
pay, to improve recruiting and retention of officers and
enlisted personnel by the Air Force for the positions described
in paragraph (1).
(4) An assessment of the feasibility, advisability,
utility, and cost effectiveness of establishing additional
bonuses or incentive pay as a way to enhance the recruitment
and retention by the Air Force of skilled personnel in the
positions described in paragraph (1).
(5) An assessment of whether assignment incentive pay
should be provided for members of the Air Force covered by the
Personnel Reliability Program.
(6) An assessment of the long-term community management
plan for recruitment and retention by the Air Force of skilled
personnel in the positions described in paragraph (1).
(7) Such other matters as the Secretary considers
appropriate.
SEC. 658. SENSE OF CONGRESS ON ESTABLISHMENT OF FLEXIBLE SPENDING
ARRANGEMENTS FOR THE UNIFORMED SERVICES.
(a) In General.--It is the sense of Congress that, the Secretary of
Defense, with respect to members of the Army, Navy, Marine Corps, and
Air Force, the Secretary of Homeland Security, with respect to members
of the Coast Guard, the Secretary of Health and Human Services, with
respect to commissioned officers of the Public Health Service, and the
Secretary of Commerce, with respect to commissioned officers of the
National Oceanic and Atmospheric Administration, should establish
procedures to implement flexible spending arrangements with respect to
basic pay and compensation, for health care and dependent care on a
pre-tax basis in accordance with regulations prescribed under sections
106(c) and 125 of the Internal Revenue Code of 1986.
(b) Considerations.--It is the sense of Congress that, in
establishing the procedures described by subsection (a), the Secretary
of Defense, the Secretary of Homeland Security, the Secretary of Health
and Human Services, and the Secretary of Commerce should consider life
events of members of the uniformed services that are unique to them as
members of the uniformed services, including changes relating to
permanent changes of duty station and deployments to overseas
contingency operations.
SEC. 659. TREATMENT AS ACTIVE SERVICE FOR RETIRED PAY PURPOSES OF
SERVICE AS MEMBER OF ALASKA TERRITORIAL GUARD DURING
WORLD WAR II.
(a) In General.--Service as a member of the Alaska Territorial
Guard during World War II of any individual who was honorably
discharged therefrom under section 8147 of the Department of Defense
Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 705) shall be
treated as active service for purposes of the computation under chapter
61, 71, 371, 571, 871, or 1223 of title 10, United States Code, as
applicable, of the retired pay to which such individual may be entitled
under title 10, United States Code.
(b) Applicability.--Subsection (a) shall apply with respect to
amounts of retired pay payable under title 10, United States Code, for
months beginning on or after the date of the enactment of this Act. No
retired pay shall be paid to any individual by reason of subsection (a)
for any period before that date.
(c) World War II Defined.--In this section, the term ``World War
II'' has the meaning given that term in section 101(8) of title 38,
United States Code.
SEC. 660. INCLUSION OF SERVICE AFTER SEPTEMBER 11, 2001, IN
DETERMINATION OF REDUCED ELIGIBILITY AGE FOR RECEIPT OF
NON-REGULAR SERVICE RETIRED PAY.
Section 12731(f)(2)(A) of title 10, United States Code, is
amended--
(1) by striking ``the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2008'' and inserting
``September 11, 2001''; and
(2) by striking ``in any fiscal year after such date'' and
inserting ``in any fiscal year after fiscal year 2001''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
SEC. 701. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE RETIRED
RESERVE, AND FAMILY MEMBERS, WHO ARE QUALIFIED FOR A NON-
REGULAR RETIREMENT BUT ARE NOT YET AGE 60.
(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, 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
Coverage.--Eligibility for TRICARE Standard coverage of a member under
this section shall terminate upon the member becoming eligible for
TRICARE coverage at age 60 under section 1086 of this title.
``(c) Family Members.--While a member of a reserve component is
covered by TRICARE Standard under the section, the members of the
immediate family of such member are eligible for TRICARE Standard
coverage as dependents of the member. If a member of a reserve
component dies while in a period of coverage under this section, the
eligibility of the members of the immediate family of such member for
TRICARE Standard coverage under this section shall continue for the
same period of time that would be provided under section 1086 of this
title if the member had been eligible at the time of death for TRICARE
Standard coverage under such section (instead of under this section).
``(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)(A) The monthly amount of the premium in effect for a month
for TRICARE Standard coverage under this section shall be the amount
equal to the cost of coverage that the Secretary determines on an
appropriate actuarial basis.
``(B) The appropriate actuarial basis for purposes of subparagraph
(A) shall be determined in the manner specified in section
1076d(d)(3)(B) of this title with respect to the cost of coverage
applicable under subparagraph (A).
``(4) The Secretary shall prescribe the requirements and procedures
applicable to the payment of premiums under this subsection.
``(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
chapter 55 of such title 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. 702. EXPANSION OF ELIGIBILITY OF SURVIVORS UNDER THE TRICARE
DENTAL PROGRAM.
Section 1076a(k)(3) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``, except that,
in the case of a dependent described by subparagraph (D) or (I) of
section 1072(2) of this title, the period of continuing eligibility
shall be the longer of the following periods beginning on such date:
``(A) Three years.
``(B) The period ending on the date on which the dependent
attains 21 years of age.
``(C) In the case of a dependent who, at 21 years of age,
is enrolled in a full-time course of study at an institution of
higher learning approved by the administering Secretary and is,
or was, at the time of the member's death, in fact dependent on
the member for over one-half of the dependent's support, the
period ending on the earlier of the following dates:
``(i) The date on which the dependent ceases to
pursue such a course of study, as determined by the
administering Secretary.
``(ii) The date on which the dependent attains 23
years of age''.
SEC. 703. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENEFITS OF CERTAIN
PERSONS OTHERWISE INELIGIBLE UNDER RETROACTIVE
DETERMINATION OF ENTITLEMENT TO MEDICARE PART A HOSPITAL
INSURANCE BENEFITS.
Section 1086(d) of title 10, United States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4)(A) If a person referred to in subsection (c) and described by
paragraph (2)(B) is subject to a retroactive determination by the
Social Security Administration of entitlement to hospital insurance
benefits described in paragraph (1), the person shall, during the
period described in subparagraph (B), be deemed for purposes of health
benefits under this section--
``(i) not to have been covered by paragraph (1); and
``(ii) not to have been subject to the requirements of
section 1079(j)(1) of this title, whether through the operation
of such section or subsection (g) of this section.
``(B) The period described in this subparagraph with respect to a
person covered by subparagraph (A) is the period that--
``(i) begins on the date that eligibility of the person for
hospital insurance benefits referred to in paragraph (1) is
effective under the retroactive determination of eligibility
with respect to the person as described in subparagraph (A);
and
``(ii) ends on the date of the issuance of such retroactive
determination of eligibility by the Social Security
Administration.''.
SEC. 704. REFORM AND IMPROVEMENT OF THE TRICARE PROGRAM.
(a) In General.--Commencing not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall, in
consultation with the other administering Secretaries, undertake
actions to reform and improve the TRICARE program.
(b) Elements.--In undertaking actions to reform and improve the
TRICARE program under subsection (a), the Secretary shall consider
actions as follows:
(1) Actions to guarantee the availability of care without
delay for eligible beneficiaries.
(2) Actions to expand and enhance sharing of health care
resources among Federal health care programs, including
designated providers (as that term is defined in section 721(5)
of the National Defense Authorization Act for Fiscal Year 1997
(10 U.S.C. 1073 note)).
(3) Actions utilizing medical technology to speed and
simplify referrals for specialty care.
(4) Actions, including a comprehensive plan, for the
enhanced availability of prevention and wellness care.
(5) Actions to expand and enhance options for mental health
care.
(6) Actions utilizing technology to improve direct
communication with beneficiaries regarding health and
preventive care.
(7) Actions regarding additional financing options for
health care provided by civilian providers.
(8) Actions to improve regional or national staffing
capabilities in order to enhance support provided to military
medical treatment facilities facing staff shortages.
(9) Actions to reduce administrative costs.
(10) Actions to control the cost of health care and
pharmaceuticals.
(11) Actions to ensure consistency throughout the TRICARE
program, including actions to hold commanders of military
medical treatment facilities and civilian providers accountable
for compliance with access standards.
(12) Actions to create performance metrics by which to
measure improvement in the TRICARE program.
(13) Such other actions as the Secretary, in consultation
with the other administering Secretaries, considers
appropriate.
(c) Consultation.--In considering actions to be undertaken under
this section, and in undertaking such actions, the Secretary shall
consult with a broad range of national health care and military
advocacy organizations.
(d) Reports.--
(1) In general.--The Secretary shall, on a periodic basis,
submit to the congressional defense committees a report on the
progress being made in the reform and improvement of the
TRICARE program under this section.
(2) Elements.--Each report under this subsection shall
include the following:
(A) A description and assessment of the progress
made as of the date of such report in the reform and
improvement of the TRICARE program.
(B) Such recommendations for administrative or
legislative action as the Secretary considers
appropriate to expedite and enhance the reform and
improvement of the TRICARE program.
(e) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the meaning
given that term in section 1072(3) of title 10, United States
Code.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code.
SEC. 705. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
IMPLEMENTATION OF REQUIREMENTS ON THE RELATIONSHIP
BETWEEN THE TRICARE PROGRAM AND EMPLOYER-SPONSORED GROUP
HEALTH PLANS.
(a) Report Required.--Not later than March 31, 2010, the
Comptroller General of the United States shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the implementation of the requirements of section 1097c of
title 10, United States Code, relating to the relationship between the
TRICARE program and employer-sponsored group health plans.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the extent to which the Department of
Defense has established measures to assess the effectiveness of
section 1097c of title 10, United States Code, in reducing
health care costs to the Department for military retirees and
their families, and an assessment of the effectiveness of any
measures so established.
(2) An assessment of the extent to which the implementation
of such section 1097c has resulted in the migration of military
retirees from coverage under the TRICARE Standard option of the
TRICARE program to coverage under the TRICARE Prime option of
the TRICARE program.
(3) A description of the exceptions adopted under
subsection (a)(2) of such section 1097c to the requirements
under such section 1097c, and an assessment of the effect of
the exercise of any exceptions adopted on the administration of
such section 1097c.
(4) An assessment of the extent to which the Department
collects and assembles data on the treatment of employees
eligible for participation in the TRICARE program in comparison
with similar employees who are not eligible for participation
in that program.
(5) A description of the outreach conducted by the
Department to inform individuals eligible for participation in
the TRICARE program and employers of their respective rights
and responsibilities under such section 1097c, and an
assessment of the effectiveness of any outreach so conducted.
(6) Such other matters with respect to the administration
and effectiveness of the authorities in such section 1097c as
the Comptroller General considers appropriate.
SEC. 706. SENSE OF THE SENATE ON HEALTH CARE BENEFITS AND COSTS FOR
MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.
(a) Findings.--The Senate makes the following findings:
(1) Career members of the Armed Forces and their families
endure unique and extraordinary demands, and make extraordinary
sacrifices, over the course of 20-year to 30-year careers in
protecting freedom for all Americans.
(2) The nature and extent of these demands and sacrifices
are never so evident as in wartime, not only during the current
combat operations, but also during the wars of the last 60
years when current retired members of the Armed Forces were on
continuous call to go in harm's way when and as needed.
(3) A primary benefit of enduring the extraordinary
sacrifices inherent in a military career is a range of
retirement benefits, including lifetime health benefits, that a
grateful Nation provides for those who choose to subordinate
their personal life to the national interest for so many years.
(4) Currently serving and retired members of the uniformed
services and their families and survivors deserve benefits
equal to their commitment and service to our Nation.
(5) Many employers are curtailing health benefits and
shifting costs to their employees, which may result in retired
members of the Armed Forces returning to the Department of
Defense, and its TRICARE program, for health care benefits
during retirement, and contribute to health care cost growth.
(6) Defense health costs also expand as a result of
service-unique military readiness requirements, wartime
requirements, and other necessary requirements that represent
the ``cost of business'' for the Department of Defense.
(7) While the Department of Defense has made some efforts
to contain increases in the cost of the TRICARE program, too
many of those efforts have been devoted to shifting a larger
share of the costs of benefits under that program to retired
members of the Armed Forces who have earned health care
benefits in return for a career of military service.
(8) In some cases health care providers refuse to accept
TRICARE patients because that program pays less than other
public and private payors and imposes unique administrative
requirements.
(9) The Department of Defense records deposits to the
Department of Defense Military Retiree Health Care Fund as
discretionary costs to the Department in spite of legislation
enacted in 2006 that requires such deposits to be made directly
from the Treasury of the United States.
(10) As a result, annual payments for the future costs of
servicemember health care continue to compete with other
readiness needs of the Armed Forces.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Department of Defense and the Nation have an
obligation to provide health care benefits to retired members
of the Armed Forces that equals the quality of their selfless
service to our country;
(2) past proposals by the Department of Defense to impose
substantial fee increases on military beneficiaries have failed
to acknowledge properly the findings addressed in subsection
(a); and
(3) the Department of Defense has many additional options
to constrain the growth of health care spending in ways that do
not disadvantage retired members of the Armed Forces who
participate or seek to participate in the TRICARE program, and
should pursue any and all such options rather than seeking
large increases for enrollment fees, deductibles, and
copayments for such retirees, and their families or survivors,
who do participate in that program.
SEC. 707. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING OPTIONS FOR
ENROLLMENT UNDER MEDICARE PART B.
Chapter 55 of title 10, United States Code, is amended by adding at
the end the following new section:
``SEC. 1111. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING OPTIONS FOR
ENROLLMENT UNDER MEDICARE PART B.
``(a) In General.--The Secretary of Defense shall establish
procedures for identifying individuals described in subsection (b). The
Secretary of Defense shall immediately notify individuals identified
under the preceding sentence that they are no longer eligible for
health care benefits under the TRICARE program under chapter 55 of
title 10, United States Code, and of any options available for
enrollment of the individual under part B of title XVIII of the Social
Security Act (42 U.S.C. 1395j et seq.). The Secretary of Defense shall
consult with the Secretary of Health and Human Services to accurately
identify and notify individuals described in subsection (b) under this
subsection.
``(b) Individuals Described.--An individual described in this
subsection is an individual who is a covered beneficiary (as defined in
section 1072(5) of title 10, United States Code) at the time the
individual is entitled to part A of title XVIII of the Social Security
Act under section 226(b) or section 226A of such Act (42 U.S.C. 426(b)
and 426-1) and who is eligible to enroll but who has elected not to
enroll (or to be deemed enrolled) during the individual's initial
enrollment period under part B of such title.''.
Subtitle B--Other Health Care Benefits
SEC. 711. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES
DEPLOYED IN CONNECTION WITH A CONTINGENCY OPERATION.
(a) Mental Health Assessments.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance for the provision of a person-to-person mental health
assessment for each member of the Armed Forces who is deployed
in connection with a contingency operation as follows:
(A) At a time during the period beginning 60 days
before the date of deployment in connection with the
contingency operation.
(B) At a time during the period beginning 90 days
after the date of redeployment from the contingency
operation and ending 180 days after the date of
redeployment from the contingency operation.
(C) Subject to subsection (d), not later than each
of 6 months, 12 months, and 24 months after return from
deployment.
(2) Exclusion of certain members.--A mental health
assessment is not required for a member of the Armed Forces
under subparagraphs (B) and (C) of paragraph (1) if the
Secretary determines that the member was not subjected or
exposed to operational risk factors during deployment in the
contingency operation concerned.
(b) Purpose.--The purpose of the mental health assessments provided
pursuant to this section shall be to identify Post Traumatic Stress
Disorder (PTSD), suicidal tendencies, and other behavioral health
issues identified among members of the Armed Forces described in
subsection (a) in order to determine which such members are in need of
additional care and treatment for such health issues.
(c) Elements.--
(1) In general.--The mental health assessments provided
pursuant to this section shall--
(A) be performed by personnel trained and certified
to perform such assessments and may be performed by
licensed mental health professionals if such
professionals are available and the use of such
professionals for the assessments would not impair the
capacity of such professionals to perform higher
priority tasks;
(B) include a person-to-person dialogue between
members of the Armed Forces described in subsection (a)
and the professionals or personnel described by
paragraph (1), as applicable, on such matters as the
Secretary shall specify in order that the assessments
achieve the purpose specified in subsection (b) for
such assessments;
(C) be conducted in a private setting to foster
trust and openness in discussing sensitive health
concerns; and
(D) be provided in a consistent manner across the
military departments.
(2) Treatment of current assessments.--The Secretary may
treat periodic health assessments and other person-to-person
assessments that are provided to members of the Armed Forces as
of the date of the enactment of this Act as meeting the
requirements for mental health assessments required under this
section if the Secretary determines that such assessments and
person-to-person assessments meet the requirements for mental
health assessments established by this section.
(d) Cessation of Assessments.--No mental health assessment is
required to be provided to an individual under subsection (a)(1)(C)
after the individual's discharge or release from the Armed Forces.
(e) Sharing of Information.--
(1) In general.--The Secretary of Defense shall share with
the Secretary of Veterans Affairs such information on members
of the Armed Forces that is derived from confidential mental
health assessments, including mental health assessments
provided pursuant to this section and health assessments and
other person-to-person assessments provided before the date of
the enactment of this Act, as the Secretary of Defense and the
Secretary of Veterans Affairs jointly consider appropriate to
ensure continuity of mental health care and treatment of
members of the Armed Forces during their transition from health
care and treatment provided by the Department of Defense to
health care and treatment provided by the Department of
Veterans Affairs.
(2) Protocols.--Any sharing of information under paragraph
(1) shall occur pursuant to a protocol jointly established by
the Secretary of Defense and the Secretary of Veterans Affairs
for purposes of this subsection. Any such protocol shall be
consistent with the following:
(A) Applicable provisions of the Wounded Warrior
Act (title XVI of Public Law 110-181; 10 U.S.C. 1071
note), including in particular, section 1614 of that
Act (122 Stat. 443; 10 U.S.C. 1071 note).
(B) Section 1720F of title 38, United States Code.
(f) Contingency Operation Defined.--In this section, the term
``contingency operation'' has the meaning given that term in section
101(a)(13) of title 10, United States Code.
(g) Reports.--
(1) Report on guidance.--Upon the issuance of the guidance
required by subsection (a), the Secretary of Defense shall
submit to Congress a report describing the guidance.
(2) Reports on implementation of guidance.--
(A) Initial report.--Not later than 270 days after
the date of the issuance of the guidance, the Secretary
shall submit to Congress an initial report on the
implementation of the guidance by the military
departments.
(B) Subsequent report.--Not later than two years
after the date of the issuance of the guidance, the
Secretary shall submit to Congress a report on the
implementation of the guidance by the military
departments. The report shall include an evidence based
assessment of the effectiveness of the mental health
assessments provided pursuant to the guidance in
achieving the purpose specified in subsection (b) for
such assessments.
SEC. 712. ENHANCEMENT OF TRANSITIONAL DENTAL CARE FOR MEMBERS OF THE
RESERVE COMPONENTS ON ACTIVE DUTY FOR MORE THAN 30 DAYS
IN SUPPORT OF A CONTINGENCY OPERATION.
Section 1145(a) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``paragraph (3)'' and inserting ``paragraph
(4)''; and
(B) in subparagraph (A), by inserting ``except as
provided in paragraph (3),'' before ``medical and
dental care'';
(2) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (7), respectively;
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In the case of a member described in paragraph (2)(B), the
dental care to which the member is entitled under this subsection shall
be the dental care to which a member of the uniformed services on
active duty for more than 30 days is entitled under section 1074 of
this title.''; and
(4) in subparagraph (A) of paragraph (6), as redesignated
by paragraph (2) of this section, by striking ``paragraph (4)''
and inserting ``paragraph (5)''.
SEC. 713. REDUCTION OF MINIMUM DISTANCE OF TRAVEL FOR REIMBURSEMENT OF
COVERED BENEFICIARIES OF THE MILITARY HEALTH CARE SYSTEM
FOR TRAVEL FOR SPECIALTY HEALTH CARE.
(a) Reduction.--Section 1074i(a) of title 10, United States Code,
is amended by striking ``100 miles'' and inserting ``50 miles''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 90 days after the date of the enactment
of this Act, and shall apply with respect to referrals for specialty
health care made on or after such effective date.
(c) Offset.--The amount authorized to be appropriated by section
301(a)(5) for operation and maintenance for Defense-wide activities is
hereby decreased by $14,000,000, with the amount of the decrease to be
derived from unobligated balances.
SEC. 714. REPORT ON POST-DEPLOYMENT HEALTH ASSESSMENTS OF GUARD AND
RESERVE MEMBERS.
(a) Report Required.--Not later than March 1, 2010, the Secretary
of Defense shall submit to the congressional defense committees a
report on post-deployment health assessments of Guard and Reserve
members.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the feasibility of administering a
Post-Deployment Health Assessment (PDHA) to each member of a
reserve component of the Armed Forces returning to the member's
home station from deployment in connection with a contingency
operation at such home station or in the county of residence of
the member within the following timeframes:
(A) In the case of a member of the Individual Ready
Reserve, an assessment administered by not later than
the member's release from active duty following such
deployment or 10 days after the member's return to such
station or county, whichever occurs earlier.
(B) In the case of any other member of a reserve
component of the Armed Forces returning from
deployment, by not later than the member's release from
active duty following such deployment.
(2) An assessment of the feasibility of requiring that
Post-Deployment Health Assessments described under paragraph
(1) be performed by a practitioner trained and certified as
qualified to participate in the performance of Post-Deployment
Health Assessments or Post-Deployment Health Reassessments.
(3) A description of--
(A) the availability of personnel described under
paragraph (2) to perform assessments described under
this subsection at the home stations or counties of
residence of members of the reserve components of the
Armed Forces; and
(B) if such personnel are not available at such
locations, the additional resources necessary to ensure
such availability within one year after the date of the
enactment of this Act.
Subtitle C--Health Care Administration
SEC. 721. COMPREHENSIVE POLICY ON PAIN MANAGEMENT BY THE MILITARY
HEALTH CARE SYSTEM.
(a) Comprehensive Policy Required.--Not later than October 1, 2010,
the Secretary of Defense shall develop and implement a comprehensive
policy on pain management by the military health care system.
(b) Scope of Policy.--The policy required by subsection (a) shall
cover each of the following:
(1) The management of acute and chronic pain.
(2) The standard of care for pain management to be used
throughout the Department.
(3) The consistent application of pain assessments
throughout the Department.
(4) The assurance of prompt and appropriate pain care
treatment and management by the Department when medically
necessary.
(5) Programs of research related to acute and chronic pain,
including pain attributable to central and peripheral nervous
system damage characteristic of injuries incurred in modern
warfare, brain injuries, and chronic migraine headache.
(6) Programs of pain care education and training for health
care personnel of the Department.
(7) Programs of patient education for members suffering
from acute or chronic pain and their families.
(c) Updates.--The Secretary shall revise the policy required by
subsection (a) on a periodic basis in accordance with experience and
evolving best practice guidelines.
(d) Annual Report.--
(1) In general.--Not later than 180 days after the date of
the commencement of the implementation of the policy required
by subsection (a), and on October 1 each year thereafter
through 2018, the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
policy.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A description of the policy implemented under
subsection (a), and any revisions to such policy under
subsection (c).
(B) A description of the performance measures used
to determine the effectiveness of the policy in
improving pain care for beneficiaries enrolled in the
military health care system.
(C) An assessment of the adequacy of Department
pain management services based on a current survey of
patients managed in Department clinics.
(D) An assessment of the research projects of the
Department relevant to the treatment of the types of
acute and chronic pain suffered by members of the Armed
Forces and their families.
(E) An assessment of the training provided to
Department health care personnel with respect to the
diagnosis, treatment, and management of acute and
chronic pain.
(F) An assessment of the pain care education
programs of the Department.
(G) An assessment of the dissemination of
information on pain management to beneficiaries
enrolled in the military health care system.
SEC. 722. PLAN TO INCREASE THE BEHAVIORAL HEALTH CAPABILITIES OF THE
DEPARTMENT OF DEFENSE.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall develop and
implement a plan to significantly increase the number of
military and civilian behavioral health personnel of the
Department of Defense by September 30, 2013.
(2) Elements.--The plan required by paragraph (1) may
include the following:
(A) The allocation of scholarships and financial
assistance under the Health Professions Scholarship and
Financial Assistance Program under subchapter I of
chapter 105 of title 10, United States Code, to
students pursuing advanced degrees in clinical
psychology and other behavioral health professions.
(B) The offering of accession and retention bonuses
for psychologists as authorized by section 620 of the
Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4489).
(C) An expansion of the capacity for training
doctoral-level clinical psychologists at the Uniformed
Services University of the Health Sciences.
(D) An expansion of the capacity of the Department
of Defense for training masters-level clinical
psychologists and social workers with expertise in
deployment-related mental health disorders, such as
post traumatic stress disorder.
(E) The detail of commissioned officers of the
Armed Forces to accredited schools of psychology for
training leading to a doctoral degree in clinical
psychology or social work.
(F) The reassignment of military behavioral health
providers from administrative positions to clinical
positions in support of military units.
(G) The offering of civilian hiring incentives and
bonuses and the utilization of direct hiring authority
to increase the number of behavioral health personnel
of the Department of Defense.
(H) Such other mechanisms to increase the number of
behavioral health personnel of the Department of
Defense as the Secretary considers appropriate.
(3) Report.--Not later than January 31, 2010, the Secretary
shall submit to the congressional defense committees a report
on the plan required by paragraph (1). The report shall include
a comprehensive description of the plan and the actions the
Secretary proposes to undertake in the implementation of the
plan.
(b) Report on Additional Officer or Enlisted Military Specialties
for Behavioral Health Counselors.--
(1) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the
assessment of the Secretary of the feasability and advisability
of establishing one or more military specialities for officers
or enlisted members of the Armed Forces as counselors with
behavioral health expertise in order to better meet the mental
health care needs of members of the Armed Forces and their
families.
(2) Elements.--The report required by paragraph (1) shall
set forth the following:
(A) A recommendation as to the feasability and
advisability of establishing one or more military
specialities for officers or enlisted members of the
Armed Forces as counselors with behavioral health
expertise.
(B) For each military specialty recommended to be
established under subparagraph (A)--
(i) a description of the qualifications
required for such speciality, which
qualifications shall reflect lessons learned
from best practices in academia and the
civilian health care industry regarding
positions analogous to such specialty; and
(ii) a description of the incentives or
other mechanisms, if any, that would be
advisable to facilitate recruitment and
retention of individuals to and in such
specialty.
SEC. 723. DEPARTMENT OF DEFENSE STUDY ON MANAGEMENT OF MEDICATIONS FOR
PHYSICALLY AND PSYCHOLOGICALLY WOUNDED MEMBERS OF THE
ARMED FORCES.
(a) Study Required.--The Secretary of Defense shall conduct a study
on the management of medications for physically and psychologically
wounded members of the Armed Forces.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) A review and assessment of current practices within the
Department of Defense for the management of medications for
physically and psychologically wounded members of the Armed
Forces.
(2) A review and analysis of the published literature on
factors contributing to the risk of misadministration of
medications, including accidental and intentional overdoses,
under and over medication, and adverse interactions among
medications.
(3) An identification of the medical conditions, and of the
patient management procedures of the Department of Defense,
that may increase the risks of misadministration of medications
in populations of members of the Armed Forces.
(4) An assessment of current and best practices in the
Armed Forces, other departments and agencies of government, and
the private sector concerning the prescription, distribution,
and management of medications, and the associated coordination
of care.
(5) An identification of means for decreasing the risks of
misadministration of medications and associated problems with
respect to physically and psychologically wounded members of
the Armed Forces.
(c) Report.--Not later than April 1, 2010, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the study required under
subsection (a). The report shall include such findings and
recommendations as the Secretary considers appropriate in light of the
study.
SEC. 724. PRESCRIPTION OF ANTIDEPRESSANTS FOR TROOPS SERVING IN IRAQ
AND AFGHANISTAN.
(a) Report.--
(1) In general.--Not later than June 30, 2010, and annually
thereafter until June 30, 2015, the Secretary of Defense shall
submit to Congress a report on the prescription of
antidepressants and drugs to treat anxiety for troops serving
in Iraq and Afghanistan.
(2) Content.--The report required under paragraph (1) shall
include--
(A) the numbers and percentages of troops that have
served or are serving in Iraq and Afghanistan since
January 1, 2005, who have been prescribed
antidepressants or drugs to treat anxiety, including
psychotropic drugs such as Selective Serotonin Reuptake
Inhibitors (SSRIs); and
(B) the policies and patient management practices
of the Department of Defense with respect to the
prescription of such drugs.
(b) National Institute of Mental Health Study.--
(1) Study.--The National Institute of Mental Health shall
conduct a study on the potential relationship between the
increased number of suicides and attempted suicides by members
of the Armed Forces and the increased number of
antidepressants, drugs to treat anxiety, other psychotropics,
and other behavior modifying prescription medications being
prescribed, including any combination or interactions of such
prescriptions. The Department of Defense shall immediately make
available to the National Institute of Mental Health all data
necessary to complete the study.
(2) Report on findings.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the findings of the study
conducted pursuant to paragraph (1).
Subtitle D--Wounded Warrior Matters
SEC. 731. PILOT PROGRAM FOR THE PROVISION OF COGNITIVE REHABILITATIVE
THERAPY SERVICES UNDER THE TRICARE PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense may, in consultation
with the entities and officials referred to in subsection (d), carry
out a pilot program under the TRICARE program to determine the
feasibility and advisability of expanding the availability of cognitive
rehabilitative therapy services for members or former members of the
Armed Forces described in subsection (b).
(b) Covered Members and Former Members.--A member or former member
of the Armed Forces is described in this subsection if--
(1) the member or former member--
(A) is otherwise eligible for medical care under
the TRICARE program;
(B) has been diagnosed with a moderate to severe
traumatic brain injury incurred in the line of duty in
Operation Iraqi Freedom or Operation Enduring Freedom;
(C) is retired or separated from the Armed Forces
for disability under chapter 61 of title 10, United
States Code; and
(D) is referred by a qualified physician for
cognitive rehabilitative therapy; and
(2) cognitive rehabilitative therapy is not reasonably
available to the member or former member through the Department
of Veterans Affairs.
(c) Elements of Pilot Program.--The Secretary of Defense shall, in
consultation with the entities and officials referred to in subsection
(d), develop for inclusion in the pilot program the following:
(1) Procedures for access to cognitive rehabilitative
therapy services.
(2) Qualifications and supervisory requirements for
licensed and certified health care professionals providing such
services.
(3) A methodology for reimbursing providers for such
services.
(d) Entities and Officials to Be Consulted.--The entities and
officials referred to in this subsection are the following:
(1) The Secretary of Veterans Affairs.
(2) The Defense Centers of Excellence for Psychological
Health and Traumatic Brain Injury.
(3) Relevant national organizations with experience in
treating traumatic brain injury.
(e) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report--
(1) evaluating the effectiveness of the pilot program in
providing increased access to safe, effective, and quality
cognitive rehabilitative therapy services for members and
former members of the Armed Forces described in subsection (b);
and
(2) making recommendations with respect to the
effectiveness of cognitive rehabilitative therapy services and
the appropriateness of including such services as a benefit
under the TRICARE program.
(f) TRICARE Program Defined.--The term ``TRICARE program'' has the
meaning given that term in section 1072(7) of title 10, United States
Code.
(g) Funding.--Of the amount authorized to be appropriated by
section 1403 for the Defense Health Program, not more than $5,000,000
may be available to carry out the pilot program under this section.
SEC. 732. DEPARTMENT OF DEFENSE TASK FORCE ON THE CARE, MANAGEMENT, AND
TRANSITION OF RECOVERING WOUNDED, ILL, AND INJURED
MEMBERS OF THE ARMED FORCES.
(a) Establishment.--
(1) In general.--The Secretary of Defense shall establish
within the Department of Defense a task force to be known as
the ``Department of Defense Task Force on the Care, Management,
and Transition of Recovering Wounded, Ill, and Injured Members
of the Armed Forces'' (in this section referred to as the
``Task Force'').
(2) Purpose.--The purpose of the Task Force shall be to
assess the effectiveness of the policies and programs developed
and implemented by the Department of Defense, and by each of
the military departments, to assist and support the care,
management, and transition of recovering wounded, ill, and
injured members of the Armed Forces, and to make
recommendations for the further improvement of such policies
and programs.
(b) Composition.--
(1) Members.--The Task Force shall consist of not more than
14 members, appointed by the Secretary of Defense from among
the individuals as described in paragraph (2).
(2) Covered individuals.--The individuals appointed to the
Task Force shall include the following:
(A) At least one member of each of the regular
components of the Army, the Navy, the Air Force, and
the Marine Corps.
(B) One member of the National Guard.
(C) One member of a reserve component of the Armed
Forces other than National Guard.
(D) A number of persons from outside the Department
of Defense equal to the total number of personnel from
within the Department of Defense (whether members of
the Armed Forces or civilian personnel) who are
appointed to the Task Force.
(E) Persons who have experience in--
(i) medical care and coordination for
wounded, ill, and injured members of the Armed
Forces;
(ii) medical case management;
(iii) non-medical case management;
(iv) the disability evaluation process for
members of the Armed Forces;
(v) veterans benefits;
(vi) treatment of traumatic brain injury
and post traumatic stress disorder;
(vii) family support;
(viii) medical research;
(ix) vocational rehabilitation; or
(x) disability benefits.
(F) At least one family member of a wounded, ill,
or injured member of the Armed Forces or veteran who
has experience working with wounded, ill, and injured
members of the Armed Forces or their families.
(3) Individuals appointed from within department of
defense.--At least one of the individuals appointed to the Task
Force from within the Department of Defense shall be the
surgeon general of an Armed Force.
(4) Individuals appointed from outside department of
defense.--The individuals appointed to the Task Force from
outside the Department of Defense--
(A) with the concurrence of the Secretary of
Veterans Affairs, shall include an officer or employee
of the Department of Veterans Affairs; and
(B) may include individuals from other departments
or agencies of the Federal Government, from State and
local agencies, or from the private sector.
(5) Deadline for appointments.--All original appointments
to the Task Force shall be made not later than 120 days after
the date of the enactment of this Act.
(6) Co-chairs.--There shall be two co-chairs of the Task
Force. One of the co-chairs shall be designated by the
Secretary of Defense at the time of appointment from among the
individuals appointed to the Task Force from within the
Department of Defense. The other co-chair shall be selected
from among the individuals appointed from outside the
Department of Defense by those individuals.
(c) Report Required.--
(1) In general.--Not later than 12 months after the date on
which all members of the Task Force have been appointed, the
Task Force shall submit to the Secretary of Defense a report.
The report shall include the following:
(A) The findings and conclusions of the Task Force
as a result of its assessment of the effectiveness of
the policies and programs developed and implemented by
the Department of Defense, and by each of the military
departments, to assist and support the care,
management, and transition of recovering wounded, ill,
and injured members of the Armed Forces.
(B) A description of various ways in which the
Department of Defense and the military departments
could more effectively address matters relating to the
care, management, and transition of recovering wounded,
ill, and injured members of the Armed Forces, including
members of the regular components, and members of the
reserve components, and support for their families.
(C) Such recommendations for other legislative or
administrative action as the Task Force considers
appropriate for measures to improve the policies and
programs described in subparagraph (A).
(2) Methodology.--For purposes of the report, the Task
Force--
(A) shall conduct site visits and interviews as the
Task Force considers appropriate;
(B) may consider the findings and recommendations
of previous reviews and evaluations of the care,
management, and transition of recovering wounded, ill,
and injured members of the Armed Forces; and
(C) may utilize such other means for directly
obtaining information relating to the care, management,
and transition of recovering wounded, ill, and injured
members of the Armed Forces as the Task Force considers
appropriate.
(3) Matters to be reviewed and assessed.--For purposes of
the report, the Task Force shall review and assess the
following:
(A) Case management, including the numbers and
types of case managers (including Federal Recovery
Coordinators, Recovery Care Coordinators, National
Guard or Reserve case managers, and other case
managers) assigned to recovering wounded, ill, and
injured members of the Armed Forces, the training
provided such case mangers, and the effectiveness of
such case mangers in providing care and support to
recovering wounded, ill, and injured members of the
Armed Forces.
(B) The effectiveness of the Interagency Program
Office in achieving fully interoperable electronic
health records by September 30, 2009, in accordance
with section 1635 of the Wounded Warrior Act (10 U.S.C.
1071 note).
(C) Staffing of Army Warrior Transition Units,
Marine Corps Wounded Warrior Regiments, Navy and Air
Force Medical Hold or Medical Holdover Units, and other
service-related programs or units for recovering
wounded, ill, and injured members of the Armed Forces,
including the use of applicable hiring authorities to
ensure the proper staffing of such programs and units.
(D) The legal support available to recovering
wounded, ill, and injured members of the Armed Forces
and their families.
(E) The support and assistance provided to
recovering wounded, ill, and injured members of the
Armed Forces as they progress through the military
disability evaluation system.
(F) The effectiveness of any measures under pilot
programs to improve or enhance the military disability
evaluation system.
(G) The effectiveness of the Senior Oversight
Committee in facilitating and overseeing collaboration
between the Department of Defense and the Department of
Veterans Affairs on matters relating to the care,
management, and transition of recovering wounded, ill,
and injured members of the Armed Forces.
(H) The establishment and effectiveness of the
Defense Centers of Excellence for Psychological Health
and Traumatic Brain Injury, and the centers of
excellence for military eye injuries, hearing loss and
auditory system injuries, and traumatic extremity
injuries and amputations.
(I) The establishment and effectiveness of
performance and accountability standards for warrior
transition units and programs.
(J) The support available to family caregivers of
recovering wounded, ill, and injured members of the
Armed Forces.
(K) The availability of vocational training for
recovering wounded, ill, and injured members of the
Armed Forces seeking to transition to civilian life.
(L) The availability of services for traumatic
brain injury and post traumatic stress disorder.
(M) The support systems in place to ease the
transition of recovering wounded, ill, and injured
members of the Armed Forces from the Department of
Defense to the Department of Veterans Affairs.
(N) The effectiveness of wounded warrior
information resources, including the Wounded Warrior
Resource Center, the National Resource Directory,
Military OneSource, Family Assistance Centers, and
Service hotlines, in providing meaningful information
for recovering wounded, ill, and injured members of the
Armed Forces.
(O) Interagency matters affecting recovering
wounded, ill, and injured members of the Armed Forces
in their transition to civilian life.
(P) Overall coordination between the Department of
Defense and the Department of Veterans Affairs on the
matters specified in this paragraph.
(Q) Such other matters as the Task Force considers
appropriate in connection with the care, management,
and transition of recovering wounded, ill, and injured
members of the Armed Forces.
(4) Transmittal.--Not later than 90 days after receipt of
the report required by paragraph (1) the Secretary of Defense
shall transmit the report, together with the Secretary's
evaluation of the report, to the Committees on Armed Services
of the Senate and the House of Representatives.
(d) Plan Required.--Not later than six months after the receipt
under subsection (c) of the report of the Task Force under that
subsection, the Secretary of Defense shall, in consultation with the
Secretaries of the military departments, submit to the Committees on
Armed Services of the Senate and the House of Representatives a plan to
implement the recommendations of the Task Force as included in the
report of the Task Force under subsection (c).
(e) Administrative Matters.--
(1) Compensation.--Each member of the Task Force who is a
member of the Armed Forces or a civilian officer or employee of
the United States shall serve on the Task Force without
compensation (other than compensation to which entitled as a
member of the Armed Forces or an officer or employee of the
United States, as the case may be). Other members of the Task
Force shall be appointed in accordance with, and subject to,
the provisions of section 3161 of title 5, United States Code.
(2) Oversight.--The Under Secretary of Defense for
Personnel and Readiness shall oversee the Task Force. The
Washington Headquarters Services of the Department of Defense
shall provide the Task Force with personnel, facilities, and
other administrative support as necessary for the performance
of the duties of the Task Force.
(3) Visits to military facilities.--Any visit by the Task
Force to a military installation or facility shall be
undertaken through the Deputy Under Secretary of Defense for
Personnel and Readiness, in coordination with the Secretaries
of the military departments.
(f) Termination.--The Task Force shall terminate 90 days after the
date on which the Task Force submits to the Secretary of Defense the
report of the Task Force under subsection (c).
SEC. 733. REPORT ON USE OF ALTERNATIVE THERAPIES IN TREATMENT OF POST-
TRAUMATIC STRESS DISORDER.
(a) In General.--Not later than December 31, 2010, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly submit to
the appropriate committees of Congress a report on research related to
post-traumatic stress disorder.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The status of all studies and clinical trials that
involve treatments of post-traumatic stress disorder conducted
by the Department of Defense and the Department of Veterans
Affairs.
(2) The effectiveness of alternative therapies in the
treatment of post-traumatic stress disorder, including the
therapeutic use of animals.
(3) 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.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Veterans' Affairs of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Veterans' Affairs of the
House of Representatives.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF PROTOTYPE
UNITS.
(a) Contract Authority.--
(1) In general.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2359b the following
new section:
``Sec. 2359c. Contract authority for advanced development of prototype
units
``(a) Authority.--A contract initially awarded from the competitive
selection of a proposal resulting from a broad agency announcement
pursuant to section 2302(2)(B) of this title may contain a contract
line item or an option, including not-to-exceed prices, for either of
the following:
``(1) The delivery of a specified number of prototype items
to demonstrate technology developed under the contract.
``(2) The provision, for a specified period of time, of
advanced component development effort or effort to prototype
technology developed under the contract.
``(b) Limitations.--(1) The number of prototype items specified
pursuant to subsection (a)(1) may not exceed the minimum number
required to ensure that research and development work can continue
without interruption during the solicitation and award of a follow-on
competitive contract.
``(2) The period of time specified under subsection (a)(2) may not
exceed 12 months.
``(3) The dollar value of the work to be performed pursuant to a
contract line item or option under subsection (a) may not exceed the
lesser of the amounts as follows:
``(A) The amount that is three times the dollar value of
the work previously performed under the contract.
``(B) $20,000,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by inserting
after the item relating to section 2359b the following new
item:
``2359c. Contract authority for advanced development of prototype
units.''.
(b) Sunset.--
(1) In general.--Effective on the date that is five years
after the date of the enactment of this Act--
(A) section 2359c of title 10, United States Code
(as added by subsection (a)), is repealed; and
(B) the table of sections at the beginning of
chapter 139 of such title (as amended by subsection
(a)) is further amended by striking the item relating
to section 2359c.
(2) Continuation of line items and options.--The repeal of
section 2359c of title 10, United States Code (as so added), by
paragraph (1) shall not affect the authority of the Department
of Defense to exercise any contract line item or option
included in a contract under the authority of such section
before the effective date of the repeal of such section under
paragraph (1).
(c) Report.--Not later than three years after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the use of the authority
provided by section 2359c of title 10, United States Code (as added by
subsection (a)). The report shall, at a minimum--
(1) identify the number of times the authority in section
2359c of title 10, United States Code (as so added), has been
used by each military department and Defense Agency, and the
dollar amount of contract line items or options exercised
pursuant to such authority;
(2) assess the effectiveness of the authority in promoting
the maturation of technologies and in addressing potential gaps
between science and technology projects and acquisition
programs;
(3) assess any potential anti-competitive impacts resulting
from the use of the authority; and
(4) make such recommendations as the Secretary considers
appropriate.
SEC. 802. JUSTIFICATION AND APPROVAL OF SOLE-SOURCE CONTRACTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall modify the
Department of Defense Supplement to the Federal Acquisition Regulation
to provide that the head of an agency may not award a sole-source
contract for an amount exceeding $20,000,000 unless--
(1) the contracting officer for the contract justifies the
use of a sole-source contract in writing; and
(2) the justification is approved by an official designated
in section 2304(f)(1)(B) of title 10, United States Code, to
approve contract awards for dollar amounts that are comparable
to the amount of the sole-source contract.
(b) Elements of Justification.--The justification of a sole-source
contract required pursuant to subsection (a) shall include the
following:
(1) A description of the needs of the agency concerned for
the matters covered by the contract.
(2) A specification of the statutory provision providing
the exception from the requirement to use competitive
procedures in entering into the contract.
(3) A determination that the use of a sole-source contract
is in the best interest of the Department of Defense.
(4) A determination that the anticipated cost of the
contract will be fair and reasonable.
(5) Such other matters as the Secretary shall specify for
purposes of this section.
(c) Construction With Competition in Contracting Act
Requirements.--In the case of any contract for which a justification
and approval is required under section 2304(f) of title 10, United
States Code, a justification and approval meeting the requirements of
such section may be treated as meeting the requirements of this section
for purposes of the award of a sole-source contract.
Subtitle B--Acquisition Policy and Management
SEC. 811. REPORTING REQUIREMENTS FOR PROGRAMS THAT QUALIFY AS BOTH
MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS AND MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 2445d of title 10, United States Code, is
amended by striking ``of this title'' and all that follows and
inserting ``of this title, the Secretary may designate the program to
be treated only as a major automated information system program covered
by this chapter or to be treated only as a major defense acquisition
program covered by such chapter 144.''.
(b) Guidance Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance on the implementation of section 2445d of title 10, United
States Code (as amended by subsection (a)). The guidance shall provide
that, as a general rule--
(1) a program covered by such section that requires the
development of customized hardware shall be treated only as a
major defense acquisition program under chapter 144 of title
10, United States Code; and
(2) a program covered by such section that does not require
the development of customized hardware shall be treated only as
a major automated information system program under chapter 144A
of title 10, United States Code.
SEC. 812. FUNDING OF DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT FUND.
(a) Additional Element of Fund.--Subsection (d) of section 1705 of
title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) Amounts transferred to the Fund pursuant to
paragraph (3).''; and
(2) by adding at the end the following new paragraph:
``(3) Transfer of certain unobligated balances.--To the
extent provided in appropriations Acts, the Secretary of
Defense may, during the 24-month period following the
expiration of availability for obligation of any appropriations
made to the Department of Defense for procurement, research,
development, test, and evaluation, or operation and
maintenance, transfer to the Fund any unobligated balance of
such appropriations. Any amount so transferred shall be
credited to the Fund.''.
(b) Nature of Expended Amounts Providing Basis for Credit to
Fund.--Subparagraph (A) of paragraph (2) of such subsection is amended
by striking ``, other than'' and all that follows and inserting ``from
amounts available for operation and maintenance.''.
(c) Remittances.--Subparagraph (B) of paragraph (2) of such
subsection is amended by inserting ``, from amounts available to such
military department or Defense Agency, as the case may be, for
operation and maintenance,'' after ``remit to the Secretary of
Defense''.
(d) Additional Matters Relating to Remittances.--Such subsection is
further amended--
(1) in paragraph (2)(B), by striking ``Not later than'' and
inserting ``Subject to paragraph (4), not later than''; and
(2) by adding at the end the following new paragraph:
``(4) Additional requirements and limitations on
remittances.--(A) In the event amounts are transferred to the
Fund during a fiscal year pursuant to paragraph (1)(B) or
appropriated to the Fund for a fiscal year pursuant to
paragraph (1)(C), the aggregate amount otherwise required to be
remitted to the Fund for that fiscal year pursuant to paragraph
(2)(B) shall be reduced by the amount equal to the amounts so
transferred or appropriated to the Fund during or for that
fiscal year. Any reduction in the aggregate amount required to
be remitted to the Fund for a fiscal year under this
subparagraph shall be allocated as provided in applicable
provisions of appropriations Acts or, absent such provisions,
on a pro rata basis among the military departments and Defense
Agencies required to make remittances to the Fund for that
fiscal year under paragraph (2)(B).
``(B) Any remittance of amounts to the Fund for a fiscal
year under paragraph (2) shall be subject to the availability
of appropriations for that purpose.''.
(e) Remittance Amounts.--Paragraph (2) of such subsection is
further amended by striking subparagraphs (C) and (D) and inserting the
following new subparagraphs:
``(C) For purposes of this paragraph, the applicable
percentage for a fiscal year is the percentage that results in
the credit to the Fund in such fiscal year of an amount as
follows:
``(i) For fiscal year 2010, $570,000,000.
``(ii) For fiscal year 2011, $770,000,000.
``(iii) For fiscal year 2012, $900,000,000.
``(iv) For fiscal year 2013, $1,180,000,000.
``(v) For fiscal year 2014, $1,330,000,000.
``(vi) For fiscal year 2015, $1,470,000,000.
``(D) The Secretary of Defense may reduce a percentage
specified in subparagraph (C) for a fiscal year if the
Secretary determines that the application of such percentage
would result in the crediting to the Fund in such fiscal year
of an amount greater than is reasonably needed for purposes of
the Fund. The percentage for a fiscal year, as so reduced, may
not be a percentage that will result in the credit to the Fund
in such fiscal year of an amount that is less than 80 percent
of the amount otherwise specified in subparagraph (C) for such
fiscal year.''.
(f) Clarification of Limitation on Pay of Base Salary of Current
Employees.--Subsection (e)(5) of such section is amended by striking
``as of the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2008'' and inserting ``serving in a position in the
acquisition workforce as of January 28, 2008''.
(g) Technical Amendments.--
(1) Subsection (a) of such section is amended by inserting
``Development'' after ``Workforce''.
(2) Subsection (f) of such section is amended in the matter
preceding paragraph (1) by striking ``beginning with fiscal
year 2008''.
(h) Effective Dates.--
(1) Funding amendments.--The amendments made by subsections
(a) through (e) shall take effect on October 1, 2009.
(2) Technical amendments.--The amendments made by
subsections (f) and (g) shall take effect on the date of the
enactment of this Act.
SEC. 813. ENHANCEMENT OF EXPEDITED HIRING AUTHORITY FOR DEFENSE
ACQUISITION WORKFORCE POSITIONS.
(a) In General.--Paragraph (1) of section 1705(h) of title 10,
United States Code, is amended--
(1) in subparagraph (A), by striking ``acquisition
positions within the Department of Defense as shortage category
position'' and inserting ``acquisition workforce positions as
positions for which there exists a shortage of candidates or
there is a critical hiring need''; and
(2) in subparagraph (B), by striking ``highly qualified''
and inserting ``appropriately qualified''.
(b) Extension.--Paragraph (2) of such section is amended by
striking ``September 30, 2012'' and inserting ``September 30, 2015''.
(c) Technical Amendment.--Paragraph (1) of such section is further
amended by striking ``United States Code,'' in the matter preceding
subparagraph (A).
SEC. 814. TREATMENT OF NON-DEFENSE AGENCY PROCUREMENTS UNDER JOINT
PROGRAMS WITH THE DEPARTMENT OF DEFENSE UNDER LIMITATIONS
ON NON-DEFENSE AGENCY PROCUREMENTS ON BEHALF OF THE
DEPARTMENT OF DEFENSE.
Section 801(b) of the National Defense Authorization Act for Fiscal
Year 2008 (10 U.S.C. 2304 note) is amended by adding at the end the
following new paragraph:
``(3) Treatment of procurements under joint programs.--For
purposes of this subsection, a contract entered by a non-
defense agency for the performance of a joint program conducted
to meet the needs of the Department of Defense and the non-
defense agency shall not be considered a procurement of
property or services for the Department of Defense through a
non-defense agency.''.
SEC. 815. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON TRAINING
OF ACQUISITION AND AUDIT PERSONNEL OF THE DEPARTMENT OF
DEFENSE.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report setting
forth an assessment of the efficacy of Department of Defense training
for acquisition and audit personnel of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) An assessment of the nature and efficacy of training
(including training materials and methods) required for
acquisition and audit personnel of the Department of Defense.
(2) An assessment of the timeliness and manner in which the
Department of Defense provides training for such personnel.
(3) An assessment of the extent to which such training
reaches appropriate acquisition personnel, including personnel
outside the acquisition workforce who exercise significant
acquisition responsibilities.
(4) An assessment of the extent to which each of the
Department of Defense and the Department of the Army have
implemented the recommendations of the Commission on Army
Acquisition and Program Management in Expeditionary Operations
relating to training of acquisition personnel.
(5) Such recommendations as the Comptroller General
considers appropriate regarding training of acquisition and
audit personnel of the Department of Defense, including
recommendations regarding best practices and objectives for
improved training of such acquisition and audit personnel.
Subtitle C--Contractor Matters
SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CONTRACTORS TO HAVE ACCESS
TO TECHNICAL DATA BELONGING TO PRIME CONTRACTORS.
(a) Authority.--
(1) Access to technical data.--Subsection (c) of section
2320 of title 10, United States Code, is amended--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) notwithstanding any limitation upon the license
rights conveyed under subsection (a), allowing a covered
Government support contractor access to and use of any
technical data delivered under a contract for the sole purpose
of furnishing independent and impartial advice or technical
assistance directly to the Government in support of the
Government's management and oversight of the program or effort
to which such technical data relates; or''.
(2) Covered government support contractor defined.--Such
section is further amended by adding at the end the following
new subsection:
``(f) In this section, the term `covered Government support
contractor' means a contractor under a contract the primary purpose of
which is to furnish independent and impartial advice or technical
assistance directly to the Government in support of the Government's
management and oversight of a program or effort (rather than to
directly furnish an end item or service to accomplish a program or
effort), which contractor--
``(1) is not affiliated with the prime contractor or a
first-tier subcontractor on the program or effort, or with any
direct competitor of such prime contractor or any such first-
tier subcontractor in furnishing end items or services of the
type developed or produced on the program or effort; and
``(2) executes a contract with the Government agreeing to
and acknowledging--
``(A) that proprietary or nonpublic technical data
furnished will be accessed and used only for the
purposes stated in that contract;
``(B) that a breach of that contract by the covered
Government support contractor with regard to a third
party's ownership or rights in such technical data may
subject the covered Government support contractor--
``(i) to criminal, civil, administrative,
and contractual actions in law and equity for
penalties, damages, and other appropriate
remedies by the United States; and
``(ii) to civil actions for damages and
other appropriate remedies by the contractor or
subcontractor whose technical data is affected
by the breach;
``(C) that such technical data provided to the
covered Government support contractor under the
authority of this section shall not be used by the
covered Government support contractor to compete
against the third party for Government or non-
Government contracts; and
``(D) that any breach of the nondisclosure
obligations under subparagraphs (A) through (C) may
constitute a violation of section 1905 of title 18.''.
(b) Criminal Penalty.--Section 1905 of title 18, United States
Code, is amended by inserting ``or being an officer, agent, or employee
of a private sector organization having a contractual nondisclosure
agreement under the authority of section 2320(f)(2) of title 10,''
after ``Antitrust Civil Process Act (15 U.S.C. 1311-1314),''.
SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORITIES ON THE COMMISSION ON
WARTIME CONTRACTING IN IRAQ AND AFGHANISTAN.
(a) Date of Final Report.--Subsection (d)(3) of section 841 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 230) is amended by striking ``two years'' and
inserting ``three years''.
(b) Assistance From Federal Agencies.--Such section is further
amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Assistance From Federal Agencies.--
``(1) Department of defense.--The Secretary of Defense
shall provide to the Commission administrative support for the
performance of the Commission's functions in carrying out the
requirements of this section.
``(2) Travel and lodging in combat theaters.--The
administrative support provided the Commission under paragraph
(1) shall include travel and lodging undertaken in combat
theaters, which support shall be provided on a non-reimbursable
basis.
``(3) Other departments and agencies.--In addition to the
support required by paragraph (1), any department or agency of
the Federal Government may provide to the Commission such
services, funds, facilities, staff, and other support services
for the performance of the Commission's functions as the head
of such department or agency considers advisable, or as may
otherwise be authorized by law.''.
SEC. 823. PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR
PERSONNEL.
(a) Regulations Required.--Effective as of the date that is one
year after the date of the enactment of this Act, the Department of
Defense manpower mix criteria and the Department of Defense Supplement
to the Federal Acquisition Regulation shall be modified to provide the
following:
(1) That the interrogation of enemy prisoners of war,
civilian internees, retained persons, other detainees,
terrorists, and criminals when captured, transferred, confined,
or detained during or in the aftermath of hostilities is an
inherently governmental function and cannot be transferred to
contractor personnel.
(2) That contractor personnel with proper training and
security clearances may be used as linguists, interpreters,
report writers, information technology technicians, and other
employees filling ancillary positions in interrogations of
persons as described in paragraph (1) if such personnel are
subject to the same rules, procedures, policies, and laws
pertaining to detainee operations and interrogations as apply
to government personnel in such positions in such
interrogations.
(b) Discharge by Government Personnel.--The Secretary of Defense
shall take appropriate actions to ensure that, by not later than one
year after the date of the enactment of this Act, the Department of
Defense has the resources needed to ensure that interrogations
described in subsection (a)(1) are conducted by appropriately qualified
government personnel.
SEC. 824. MODIFICATIONS TO DATABASE FOR FEDERAL AGENCY CONTRACT AND
GRANT OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS.
Subsection (c) of section 872 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4556) is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (5) the following new
paragraphs:
``(6) Each audit report that, as determined by an Inspector
General or the head of an audit agency responsible for the
report, contains significant adverse information about a
contractor that should be included in the database.
``(7) Each contract action that, as determined by the head
of the contracting activity responsible for the contract
action, reflects information about contractor performance or
integrity that should be included in the database.''.
Subtitle D--Other Matters
SEC. 831. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED
IN CENTRAL ASIA, PAKISTAN, AND THE SOUTH CAUCASUS.
(a) In General.--In the case of a product or service to be acquired
in support of military operations or stability operations (including
security, transition, reconstruction, and humanitarian relief
activities) in Afghanistan for which the Secretary of Defense makes a
determination described in subsection (b), the Secretary may conduct a
procurement in which--
(1) competition is limited to products or services that are
from Central Asia, Pakistan, or the South Caucasus;
(2) procedures other than competitive procedures are used
to award a contract to a particular source or sources from
Central Asia, Pakistan, or the South Caucasus; or
(3) a preference is provided for products or services that
are from Central Asia, Pakistan, or the South Caucasus.
(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
military forces, police, or other security personnel of
Afghanistan; or
(2) it is in the national security interest of the United
States to limit competition, use procedures other than
competitive procedures, or provide a preference as described in
subsection (a) because--
(A) such limitation, procedure, or preference is
necessary--
(i) to improve local market and
transportation infrastructure in Central Asia,
Pakistan, or the South Caucasus in order to
reduce overall United States transportation
costs and risks in shipping goods in support of
operations in Afghanistan; or
(ii) to encourage states of Central Asia,
Pakistan, or the South Caucasus to cooperate in
expanding supply routes through their territory
in support of operations in Afghanistan; and
(B) such limitation, procedure, or preference will
not adversely affect--
(i) operations in Afghanistan; or
(ii) the United States industrial base.
(c) Products, Services, and Sources From Central Asia, Pakistan, or
the South Caucasus.--For the purposes of this section:
(1) A product is from the Central Asia, Pakistan, or the
South Caucasus if it is mined, produced, or manufactured in
Georgia, the Kyrgyz Republic, Pakistan, the Republic of
Armenia, the Republic of Azerbaijan, the Republic of
Kazakhstan, the Republic of Tajikistan, the Republic of
Uzbekistan, or Turkmenistan.
(2) A service is from Central Asia, Pakistan, or the South
Caucasus if it is performed in Georgia, the Kyrgyz Republic,
Pakistan, the Republic of Armenia, the Republic of Azerbaijan,
the Republic of Kazakhstan, the Republic of Tajikistan, the
Republic of Uzbekistan, or Turkmenistan by citizens or
permanent resident aliens of Georgia, the Kyrgyz Republic,
Pakistan, the Republic of Armenia, the Republic of Azerbaijan,
the Republic of Kazakhstan, the Republic of Tajikistan, the
Republic of Uzbekistan, or Turkmenistan.
(3) A source is from Central Asia, Pakistan, or the South
Caucasus if it--
(A) is located in Georgia, the Kyrgyz Republic,
Pakistan, the Republic of Armenia, the Republic of
Azerbaijan, the Republic of Kazakhstan, the Republic of
Tajikistan, the Republic of Uzbekistan, or
Turkmenistan; and
(B) offers products or services that are from
Georgia, the Kyrgyz Republic, Pakistan, the Republic of
Armenia, the Republic of Azerbaijan, the Republic of
Kazakhstan, the Republic of Tajikistan, the Republic of
Uzbekistan, or Turkmenistan.
(d) Construction With Other Authority.--The authority in subsection
(a) is in addition to the authority in section 886 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 266; 10 U.S.C. 2302 note).
(e) Annual Report.--
(1) In general.--Not later than December 31 each year, the
Secretary shall submit to Congress a report on the exercise of
the authority in subsection (a) during the preceding fiscal
year.
(2) Elements.--Each report under this subsection shall
include, for the fiscal year covered by such report, the
following:
(A) A statement of the number of occasions on which
the Secretary made a determination under subsection (a)
with respect to the exercise of the authority in
subsection (a), regardless of whether or not the
determination resulted in the exercise of such
authority.
(B) The total amount of all procurements pursuant
to the exercise of such authority, and the total amount
of procurements for each country with respect to which
such authority was exercised.
(C) A description and assessment of the extent to
which procurements pursuant to the exercise of such
authority furthered the national security interest of
the United States.
(f) Sunset.--The authority in subsection (a) shall expire on the
date that is three years after the date of the enactment of this Act.
SEC. 832. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS.
(a) Authority to Modify Definition of ``Small Arms Production
Industrial Base''.--Section 2473(c) of title 10, United States Code, is
amended by inserting before the period at the end the following: ``,
and any subsequent modifications to such list of firms pursuant to a
review by the Secretary of Defense''.
(b) Review of Small Arms Production Industrial Base.--
(1) Review.--Not later than March 31, 2010, the Secretary
of Defense shall review and determine, based upon manufacturing
capability and capacity--
(A) whether any firms included in the small arms
production industrial base (as that term is defined in
section 2473(c) of title 10, United States Code) should
be eliminated or modified and whether any additional
firms should be included; and
(B) whether any of the small arms listed in section
2473(d) of title 10, United States Code, should be
eliminated from the list or modified on the list, and
whether any additional small arms should be included in
the list.
(2) Report.--Not later than March 31, 2010, the Secretary
of Defense shall submit to the congressional defense committees
a report on the review conducted under this subsection,
including any recommendations for changes to the list
maintained pursuant to subsection (c) of section 2473(d) of
title 10, United States Code, or the list under subsection (d)
of such section.
SEC. 833. EXTENSION OF SBIR AND STTR PROGRAMS OF THE DEPARTMENT OF
DEFENSE.
(a) SBIR Extension.--Section 9(m) of the Small Business Act (15
U.S.C. 638(m)) is amended--
(1) by striking ``The authorization'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
authorization''; and
(2) by adding at the end the following:
``(2) Exception for department of defense.--The Secretary
of Defense and the Secretary of each military department is
authorized to carry out the Small Business Innovation Research
Program of the Department of Defense until September 30,
2023.''.
(b) STTR Reauthorization.--Section 9(n)(1)(A) of the Small Business
Act (15 U.S.C. 638(n)(1)(A)) is amended--
(1) by striking ``With respect'' and inserting the
following:
``(i) Federal agencies generally.--Except
as provided in clause (i), with respect''; and
(2) by adding at the end the following:
``(ii) Department of defense.--The
Secretary of Defense and the Secretary of each
military department shall carry out clause (i)
with respect to each fiscal year through fiscal
year 2023.''.
(c) Effective Date.--The amendments made by this section shall take
effect on July 30, 2009.
SEC. 834. EXPANSION AND PERMANENT AUTHORITY FOR SMALL BUSINESS
INNOVATION RESEARCH COMMERCIALIZATION PROGRAM.
(a) Expansion To Include Small Business Technology Transfer
Program.--Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is
amended in paragraphs (1), (2), and (4) by inserting ``and the Small
Business Technology Transfer Program'' after ``Small Business
Innovation Research Program''.
(b) Permanent Authority.--
(1) In general.--Such section is further amended by
striking paragraph (6).
(2) Conforming amendments.--Such section is further
amended--
(A) in the subsection heading, by striking
``Pilot''; and
(B) by striking ``Pilot'' each place it appears.
SEC. 835. MEASURES TO ENSURE THE SAFETY OF FACILITIES, INFRASTRUCTURE,
AND EQUIPMENT FOR MILITARY OPERATIONS.
(a) Policy.--It shall be the policy of the Department of Defense to
incorporate generally accepted industry standards for the safety and
health of personnel, to the maximum extent practicable, into
requirements for facilities, infrastructure, and equipment that are
intended for use by military or civilian personnel of the Department in
current and future contingency operations.
(b) Contracts.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report describing that actions that
the Department of Defense has taken, or plans to take, to ensure that
each contract or task or delivery order entered into for the
construction, installation, repair, maintenance, or operation of
facilities for use by military or civilian personnel of the Department
in current and future contingency operations complies with the policy
established in subsection (a).
(c) Generally Accepted Industry Standards for Safety.--For the
purposes of this section, generally accepted industry standards for the
safety of personnel include--
(1) appropriate standards with respect to fire protection
and structural integrity; and
(2) standards with respect to electrical systems, water
treatment, and telecommunications networks.
SEC. 836. REPEAL OF REQUIREMENTS RELATING TO THE MILITARY SYSTEM
ESSENTIAL ITEM BREAKOUT LIST.
Section 813 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1543) is repealed.
SEC. 837. DEFENSE SCIENCE BOARD REPORT ON RARE EARTH MATERIALS IN THE
DEFENSE SUPPLY CHAIN.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Defense Science Board shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the usage of rare earth materials in the
supply chain of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall address,
at a minimum, the following:
(1) The current and projected domestic and world-wide
availability of rare earth materials for use by the Department
of Defense in its weapon systems.
(2) The extent to which weapon systems acquired by the
Department of Defense are currently dependent on, or are
projected to become dependent on, rare earth materials supplied
by sources that could be interrupted.
(3) The risk to national security, if any, of dependence on
such sources for rare earth materials.
(4) Any steps that the Department of Defense has taken or
is planning to take to address any such risk to national
security.
(5) Such recommendations for further action to address the
matters covered by the report as the Defense Science Board
considers appropriate.
(c) Definitions.--In this section:
(1) The term ``rare earth'' means the chemical elements in
the periodic table beginning with lanthanum and continuing to
lutetium, and any associated elements.
(2) The term ``rare earth material'' includes rare earth
ores, semi-finished rare earth products, and components
containing rare earth materials.
SEC. 838. SMALL BUSINESS CONTRACTING PROGRAMS PARITY.
Section 31(b)(2)(B) of the Small Business Act (15 U.S.C.
657a(b)(2)(B)) is amended by striking ``shall'' and inserting ``may''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
SEC. 901. DEPUTY UNDER SECRETARIES OF DEFENSE AND ASSISTANT SECRETARIES
OF DEFENSE.
(a) Deputy Under Secretaries of Defense.--Chapter 4 of title 10,
United States Code, is amended by adding after section 137 the
following new section:
``Sec. 137a. Deputy Under Secretaries of Defense
``(a)(1) There are five Deputy Under Secretaries of Defense.
``(2)(A) The Deputy Under Secretaries of Defense referred to in
paragraphs (1) through (3) of subsection (c) shall be appointed as
provided in the applicable paragraph.
``(B) The Deputy Under Secretaries of Defense referred to in
paragraphs (4) and (5) of subsection (c) shall be appointed from
civilian life by the President, by and with the advice and consent of
the Senate.
``(3) The five Deputy Under Secretaries of Defense authorized by
this section are the only Deputy Under Secretaries of Defense.
``(b) Each Deputy Under Secretary of Defense shall be the first
assistant to an Under Secretary of Defense and shall assist such Under
Secretary in the performance of the duties of the position of such
Under Secretary and shall act for, and exercise the powers of, such
Under Secretary when such Under Secretary is absent or disabled.
``(c)(1) One of the Deputy Under Secretaries is the Principal
Deputy Under Secretary of Defense for Acquisition, Technology, and
Logistics appointed pursuant to section 133a of this title.
``(2) One of the Deputy Under Secretaries is the Principal Deputy
Under Secretary of Defense for Policy appointed pursuant to section
134a of this title.
``(3) One of the Deputy Under Secretaries is the Principal Deputy
Under Secretary of Defense for Personnel and Readiness appointed
pursuant to section 136a of this title.
``(4) One of the Deputy Under Secretaries shall be the Principal
Deputy Under Secretary of Defense (Comptroller).
``(5) One of the Deputy Under Secretaries shall be the Principal
Deputy Under Secretary of Defense for Intelligence.
``(d) The Deputy Under Secretaries of Defense take precedence in
the Department of Defense after the Secretary of Defense, the Deputy
Secretary of Defense, the Secretaries of the military departments, the
Under Secretaries of Defense, and the Deputy Chief Management Officer
of the Department of Defense.''.
(b) Assistant Secretaries of Defense.--
(1) Redesignation of deputy under secretary for logistics
and materiel readiness as assistant secretary.--Chapter 4 of
such title is further amended--
(A) by transferring section 133b to appear after
section 138 and redesignating such section, as so
transferred, as section 138a; and
(B) in such section, as so transferred and
redesignated, by striking ``Deputy Under Secretary''
each place it appears and inserting ``Assistant
Secretary''.
(2) Additional assistant secretaries.--Section 138 of such
title is amended--
(A) by striking subsection (a) and inserting the
following new subsection (a):
``(a)(1) There are 16 Assistant Secretaries of Defense.
``(2)(A) The Assistant Secretary of Defense referred to in
subsection (b)(7) shall be appointed as provided in that subsection.
``(B) The other Assistant Secretaries of Defense shall be appointed
from civilian life by the President, by and with the advice and consent
of the Senate.''; and
(B) in subsection (b), by adding the following new
paragraphs:
``(6) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Acquisition. The Assistant Secretary of
Defense for Acquisition is the principal adviser to the Secretary of
Defense and the Under Secretary of Defense for Acquisition, Technology,
and Logistics on matters relating to acquisition.
``(7) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Logistics and Materiel Readiness appointed pursuant to
section 138a of this title. In addition to any duties and powers
prescribed under paragraph (1), the Assistant Secretary of Defense for
Logistics and Materiel Readiness shall have the duties specified in
section 138a of this title.
``(8) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Installations and Environment. The Assistant
Secretary of Defense for Installations and Environment is the principal
adviser to the Secretary of Defense and the Under Secretary of Defense
for Acquisition, Technology, and Logistics on matters relating to
Department of Defense installations and environmental policy.
``(9) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Manufacturing and Industrial Base. The
Assistant Secretary of Defense for Manufacturing and Industrial Base is
the principal adviser to the Secretary of Defense and the Under
Secretary of Defense for Acquisition, Technology, and Logistics on
policies relating to the defense industrial base, carrying out the
requirements of chapter 148 of this title, and executing the
authorities provided by the Defense Production Act of 1950 (50 U.S.C.
App. 2061 et seq.).
``(10) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Readiness. The Assistant Secretary of Defense
for Readiness is the principal adviser to the Secretary of Defense and
the Under Secretary of Defense for Personnel and Readiness on matters
relating to military readiness.
``(11) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Strategy, Plans, and Forces. The Assistant
Secretary of Defense for Strategy, Plans, and Forces is the principal
adviser to the Secretary of Defense and the Under Secretary of Defense
for Policy on matters relating to strategy, plans, and forces.''.
(c) Conforming and Clerical Amendments.--
(1) Conforming amendments.--
(A) Section 133a of such title is amended--
(i) by striking ``Deputy Under Secretary of
Defense for Acquisition and Technology'' each
place it appears and inserting ``Principal
Deputy Under Secretary of Defense for
Acquisition, Technology, and Logistics''; and
(ii) by striking ``duties relating to
acquisition and technology'' and inserting
``duties''.
(B) Section 134a of such title is amended by
striking ``Deputy Under Secretary'' each place it
appears and inserting ``Principal Deputy Under
Secretary''.
(C) Section 134b of such title is repealed.
(D) Section 136a of such title is amended by
striking ``Deputy Under Secretary'' each place it
appears and inserting ``Principal Deputy Under
Secretary''.
(2) Section heading amendments.--
(A) The heading of section 133a of such title is
amended to read as follows:
``Sec. 133a. Principal Deputy Under Secretary of Defense for
Acquisition, Technology, and Logistics''.
(B) The heading of section 134a of such title is
amended to read as follows:
``Sec. 134a. Principal Deputy Under Secretary of Defense for Policy''.
(C) The heading of section 136a of such title is
amended to read as follows:
``Sec. 136a. Principal Deputy Under Secretary of Defense for Personnel
and Readiness''.
(D) The heading of section 138a of such title, as
transferred and redesignated by subsection (b)(1) of
this section, is amended to read as follows:
``Sec. 138a. Assistant Secretary of Defense for Logistics and Materiel
Readiness''.
(3) Clerical amendments.--The table of sections at the
beginning of chapter 4 of such title is amended--
(A) by striking the item relating to section 133a
and inserting the following new item:
``133a. Principal Deputy Under Secretary of Defense for Acquisition,
Technology, and Logistics.'';
(B) by striking the items relating to sections 134a
and 134b and inserting the following new item:
``134a. Principal Deputy Under Secretary of Defense for Policy.'';
(C) by striking the item relating to section 136a
and inserting the following new item:
``136a. Principal Deputy Under Secretary of Defense for Personnel and
Readiness.'';
(D) by inserting after the item relating to section
137 the following new item:
``137a. Deputy Under Secretaries of Defense.''; and
(E) by inserting after the item relating to section
138 the following new item:
``138a. Assistant Secretary of Defense for Logistics and Materiel
Readiness.''.
(d) Executive Schedule Matters.--
(1) Level iii.--Section 5314 of title 5, United States
Code, is amended by striking the item relating to the Deputy
Under Secretary of Defense for Acquisition and Technology and
inserting the following new item:
``Principal Deputy Under Secretary of Defense for
Acquisition, Technology, and Logistics.''.
(2) Level iv.--Section 5315 of such title is amended--
(A) by striking the item relating to the Assistant
Secretaries of Defense and inserting the following new
item:
``Assistant Secretaries of Defense (16).''; and
(B) by striking the items relating to the Deputy
Under Secretary of Defense for Policy, the Deputy Under
Secretary of Defense for Personnel and Readiness, and
the Deputy Under Secretary of Defense for Logistics and
Materiel Readiness and inserting the following new
items:
``Principal Deputy Under Secretary of Defense for Policy.
``Principal Deputy Under Secretary of Defense for Personnel
and Readiness.
``Principal Deputy Under Secretary of Defense
(Comptroller).
``Principal Deputy Under Secretary of Defense for
Intelligence.''.
SEC. 902. REPEAL OF CERTAIN LIMITATIONS ON PERSONNEL AND CONSOLIDATION
OF REPORTS ON MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS
ACTIVITIES.
(a) Repeal of Certain Limitations on Personnel Assigned to Major
Headquarters Activities.--
(1) Repeals.--The following provisions of law are repealed:
(A) Section 143 of title 10, United States Code.
(B) Section 194 of such title.
(C) Sections 3014(f), 5014(f), and 8014(f) of such
title.
(D) Section 601 of the Goldwater-Nichols Department
of Defense Reorganization Act of 1986 (10 U.S.C. 194
note).
(2) Clerical amendments.--
(A) The table of sections at the beginning of
chapter 4 of title 10, United States Code, is amended
by striking the item relating to section 143.
(B) The table of sections at the beginning of
subchapter I of chapter 8 of such title is amended by
striking the item relating to section 194.
(b) Consolidated Annual Report.--
(1) Inclusion in annual defense mapower requirements
report.--Section 115a of such title 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 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.''.
(2) Technical amendments to reflect name of report.--
(A) Subsection (a) of such section is amended by
inserting ``defense'' before ``manpower requirements
report''.
(B)(i) The heading of such section is amended to
read as follows:
``Sec. 115a. Annual defense manpower requirements report''.
(ii) The item relating to such section in the table
of sections at the beginning of chapter 2 of such title
is amended to read as follows:
``1115a. Annual defense manpower requirements report.''.
(3) Conforming repeals.--The following provisions of law
are repealed:
(A) Subsections (b) and (c) of section 901 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 272).
(B) Section 1111 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4619).
SEC. 903. SENSE OF SENATE ON THE WESTERN HEMISPHERE INSTITUTE FOR
SECURITY COOPERATION.
(a) Findings.--The Senate makes the following findings:
(1) The Western Hemisphere Institute for Security
Cooperation was established by section 911 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-
226).
(2) The Western Hemisphere Institute for Security
Cooperation provides professional education and training to
military personnel, law enforcement officials, and civilian
personnel in support of the democratic principles set forth in
the Charter of the Organization of American States. The
Institute effectively promotes mutual knowledge, transparency,
confidence, and cooperation among participating nations. It
also effectively builds strategic partnerships to address the
great security challenges in the region while encouraging
democratic values, respect for human rights, subordination to
civilian authority, and understanding of United States customs
and traditions.
(3) The Western Hemisphere Institute for Security
Cooperation supports the Security Cooperation Guidance of the
Secretary of Defense by addressing the building partner
capacity education and training needs of the United States
Southern Command and the United States Northern Command.
(4) In a joint letter, dated April 9, 2009, General
Renuart, the Commander of the United States Northern Command,
and Admiral Stavridis, the Commander of the United States
Southern Command, write ``[t]he outstanding service that
WHINSEC provides directly supports the United States Southern
Command's and United States Northern Command's strategic
objective of fostering lasting partnerships that will ensure
security, enhance stability, and enable prosperity throughout
the Americas'' and notes that the Institute provides
``culturally-sensitive training, with a strong emphasis on the
values of democracy and human rights''.
(5) In establishing the Western Hemisphere Institute for
Security Cooperation, Congress mandates that participants at
the Institute receive a minimum of 8 hours of instruction on
human rights, due process, the rule of law, the role of the
Armed Forces in a democratic society, and civilian control of
the military. Every course devotes at least 10 percent of its
course work to democracy, ethics, and human rights issues. The
Institute is also required to develop a curriculum that
includes leadership development, counterdrug operations,
peacekeeping, resource management, and disaster relief
planning. In fiscal year 2008, the Institute presented 39
courses and hosted 1,196 students in residence at Fort Benning,
Georgia, of whom 292 were police personnel, and trained an
additional 280 students through the Mobile Training Team
programs of the Institute.
(6) Congress mandated the formation of a Federal advisory
committee--an oversight committee unique to the Western
Hemisphere Institute for Security Cooperation. It provides
recommendations and an independent review of the Institute and
its curriculum to ensure the uniform adherence of the Institute
to United States law, regulations, and policies. The Board of
Visitors of the Institute includes the Chairman and Ranking
Member of the Committee on Armed Services of the Senate, the
Chairman and Ranking Member of the Committee on Armed Services
of the House of Representatives, the Secretary of State, the
Commander of the United States Southern Command, the Commander
of the United States Northern Command, the Commander of the
United States Training and Doctrine Command, and six members
designated by the Secretary of Defense. The six members
designated by the Secretary of Defense include, to the extent
practicable, individuals from academia and the religious and
human rights communities. In addition to the 13 members of the
Board of Visitors, advisors and subject matter experts assist
the Board in areas the Board considers necessary and
appropriate.
(7) The Western Hemisphere Institute for Security
Cooperation operates in accordance with section 8130 of the
Department of Defense Appropriations Act, 1999 (Public Law 105-
262; 112 Stat. 2335) that prohibits United States military
assistance to foreign military units that violate human rights,
including security assistance programs funded through
appropriations available for foreign operations and training
programs funded through appropriations made available for the
Department of Defense.
(8) The Western Hemisphere Institute for Security
Cooperation does not select students for participation in its
courses. A partner nation nominates students to attend the
Institute, and in accordance with the law of the United States
and the policies of the Department of Defense and the
Department of State, the United States Embassy in such partner
nation screens and conducts background checks on such nominees.
The vetting process of nominees for participation in the
Institute includes a background check by United States
embassies in partner nations, as well as checks by the Bureau
of Western Hemisphere Affairs and the Bureau of Democracy,
Human Rights, and Labor at the Department of State. The
Department of State also uses the Abuse Case Evaluation System,
a central database that aggregates human rights abuse data into
a single, searchable location, to ensure nominees have not been
accused of any human rights abuses.
(9) The training provided by the Western Hemisphere
Institute for Security Cooperation is transparent and the
Institute is open to visitors at any time. Visitors are welcome
to sit in on classes, talk with students and faculty, and
review instructional materials. Every year, the Institute hosts
more than a thousand visiting students, faculty, civilian, and
military officials.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Western Hemisphere Institute for Security
Cooperation--
(A) offers quality professional military bilingual
instruction for military officers and noncommissioned
officers that promotes democracy, subordination to
civilian authority, and respect for human rights; and
(B) is uniquely positioned to support the
modernization of Latin America security forces as they
work to transcend their own controversial pasts;
(2) the Western Hemisphere Institute for Security
Cooperation is building partner capacity which enhances
regional and global security while encouraging respect for
human rights and promoting democratic principles among eligible
military personnel, law enforcement officials, and civilians of
nations of the Western Hemisphere;
(3) the Western Hemisphere Institute for Security
Cooperation is an invaluable education and training facility
whose curriculum is not duplicated in any of the military
departments and is not replaceable by professional military
education funded by appropriations for International Military
Education and Training (IMET), which education is not conducted
in Spanish and does not concentrate on regional challenges; and
(4) the Western Hemisphere Institute for Security
Cooperation is an essential tool to educate future generations
of Latin American leaders and improve United States
relationships with partner nations that are working with the
United States to promote democracy, prosperity, and stability
in the Western Hemisphere.
SEC. 904. REESTABLISHMENT OF POSITION OF VICE CHIEF OF THE NATIONAL
GUARD BUREAU.
(a) Reestablishment of Position.--
(1) In general.--Chapter 1011 of title 10, United States
Code, is amended--
(A) by redesignating section 10505 as section
10505a; and
(B) by inserting after section 10504 the following
new section 10505:
``Sec. 10505. Vice Chief of the National Guard Bureau
``(a) Appointment.--(1) There is a Vice Chief of the National Guard
Bureau, selected by the Secretary of Defense from officers of the Army
National Guard of the United States or the Air National Guard of the
United States who--
``(A) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(B) have had at least 10 years of federally recognized
service in an active status in the National Guard; and
``(C) are in a grade above the grade of colonel.
``(2) The Chief and Vice Chief of the National Guard Bureau may not
both be members of the Army or of the Air Force.
``(3)(A) Except as provided in subparagraph (B), an officer
appointed as Vice Chief of the National Guard Bureau serves for a term
of four years, but may be removed from office at any time for cause.
``(B) The term of the Vice Chief of the National Guard Bureau shall
end within a reasonable time (as determined by the Secretary of
Defense) following the appointment of a Chief of the National Guard
Bureau who is a member of the same armed force as the Vice Chief.
``(b) Duties.--The Vice Chief of the National Guard Bureau performs
such duties as may be prescribed by the Chief of the National Guard
Bureau.
``(c) Grade.--The Vice Chief of the National Guard Bureau shall be
appointed to serve in a grade decided by the Secretary of Defense.
``(d) Functions as Acting Chief.--When there is a vacancy in the
office of the Chief of the National Guard Bureau or in the absence or
disability of the Chief, the Vice Chief of the National Guard Bureau
acts as Chief and performs the duties of the Chief until a successor is
appointed or the absence of disability ceases.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1011 of such title is amended by striking
the item relating to section 10505 and inserting the following
new items:
``10505. Vice Chief of the National Guard Bureau.
``10505a. Director of the Joint Staff of the National Guard Bureau.''.
(b) Conforming Amendment.--Section 10506(a)(1) of such title is
amended by striking ``and the Director of the Joint Staff of the
National Guard Bureau'' and inserting ``, the Vice Chief of the
National Guard Bureau, and the Director of the Joint Staff of the
National Guard Bureau''.
Subtitle B--Space Matters
SEC. 911. PROVISION OF SPACE SITUATIONAL AWARENESS SERVICES AND
INFORMATION TO NON-UNITED STATES GOVERNMENT ENTITIES.
(a) In General.--Section 2274 of title 10, United States Code, is
amended to read as follows:
``Sec. 2274. Space situational awareness services and information:
provision to non-United States Government entities
``(a) Authority.--The Secretary of Defense may provide space
situational awareness services and information to, and may obtain space
situational awareness data and information from, non-United States
Government entities in accordance with this section. Any such action
may be taken only if the Secretary determines that such action is
consistent with the national security interests of the United States.
``(b) Eligible Entities.--The Secretary may provide services and
information under subsection (a) to, and may obtain data and
information under subsection (a) from, any non-United States Government
entity, including any of the following:
``(1) A State.
``(2) A political subdivision of a State.
``(3) A United States commercial entity.
``(4) The government of a foreign country.
``(5) A foreign commercial entity.
``(c) Agreement.--The Secretary may not provide space situational
awareness services and information under subsection (a) to a non-United
States Government entity unless that entity enters into an agreement
with the Secretary under which the entity--
``(1) agrees to pay an amount that may be charged by the
Secretary under subsection (d);
``(2) agrees not to transfer any data or technical
information received under the agreement, including the
analysis of data, to any other entity without the express
approval of the Secretary; and
``(3) agrees to any other terms and conditions considered
necessary by the Secretary.
``(d) Charges.--(1) As a condition of an agreement under subsection
(c), the Secretary may (except as provided in paragraph (2)) require
the non-United States Government entity entering into the agreement to
pay to the Department of Defense such amounts as the Secretary
determines appropriate to reimburse the Department for the costs to the
Department of providing space situational awareness services or
information under the agreement.
``(2) The Secretary may not require the government of a State, or
of a political subdivision of a State, to pay any amount under
paragraph (1).
``(e) Crediting of Funds Received.--(1) Funds received for the
provision of space situational awareness services or information
pursuant to an agreement under this section shall be credited, at the
election of the Secretary, to the following:
``(A) The appropriation, fund, or account used in incurring
the obligation.
``(B) An appropriate appropriation, fund, or account
currently available for the purposes for which the expenditures
were made.
``(2) Funds credited under paragraph (1) shall be merged with, and
remain available for obligation with, the funds in the appropriation,
fund, or account to which credited.
``(f) Procedures.--The Secretary shall establish procedures by
which the authority under this section shall be carried out. As part of
those procedures, the Secretary may allow space situational awareness
services or information to be provided through a contractor of the
Department of Defense.
``(g) Nondisclosure.--Any information received under subsection
(a), records of agreements entered into under subsection (c), and
analyses or data provided as a part of the provision of services or
information under this section shall be exempt from disclosure under
section 552(b)(3) of title 5.
``(h) Immunity.--The United States, any agencies and
instrumentalities thereof, and any individuals, firms, corporations,
and other persons acting for the United States, shall be immune from
any suit in any court for any cause of action arising from the
provision or receipt of space situational awareness services or
information, whether or not provided in accordance with this section,
or any related action or omission.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 135 of such title is amended by striking the item relating to
section 2274 and inserting the following new item:
``2274. Space situational awareness services and information: provision
to non-United States Government
entities.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2009, or the date of the enactment of this Act,
whichever is later.
SEC. 912. PLAN FOR MANAGEMENT AND FUNDING OF NATIONAL POLAR-ORBITING
OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM PROGRAM.
(a) In General.--The Secretary of Defense, the Secretary of
Commerce, and the Administrator of the National Aeronautics and Space
Administration shall jointly develop a plan for the management and
funding of the National Polar-Orbiting Operational Environmental
Satellite System Program (in this section referred to as the
``Program'') by the Department of Defense, the Department of Commerce,
and the National Aeronautics and Space Administration.
(b) Elements.--The plan required under subsection (a) shall include
the following:
(1) Requirements for the Program.
(2) The management structure of the Program.
(3) A funding profile for the Program for each year of the
Program for the Department of Defense, the Department of
Commerce, and the National Aeronautics and Space
Administration.
(c) Limitation on Use of Funds.--Of the amounts authorized to be
appropriated for fiscal year 2010 by section 201(a)(3) for research,
development, test, and evaluation for the Air Force and available for
the Program, not more than 50 percent of such amounts may be obligated
or expended before the date on which the plan developed under
subsection (a) is submitted to the congressional defense committees,
the Committee on Commerce, Science, and Transportation of the Senate,
and the Committee on Energy and Commerce of the House of
Representatives.
(d) Sense of Senate.--It is the sense of the Senate that--
(1) the National Polar-Orbiting Operational Environmental
Satellite System Program, including the sensors, satellites,
and orbits included in the Program, should be maintained;
(2) the National Polar-Orbiting Operational Environmental
Satellite System preparatory project should be managed and
treated as an operational satellite;
(3) the responsibility of Department of Defense milestone
decision authority for the Program should be delegated to the
Department of Defense Executive Agent for Space, and the
Department of Defense Executive Agent for Space should become
the member of the Tri-Agency Executive Committee from the
Department of Defense;
(4) the Program Executive Office of the Program should
report directly to and take direction exclusively from the Tri-
Agency Executive Committee;
(5) the acquisition procedures of the Department of Defense
should continue to be used in the Program;
(6) the Administrator of the National Aeronautics and Space
Administration and the Secretary of the Air Force should make
support from the Goddard Space Flight Center and the Space and
Missile Systems Center, respectively, available for the
Program, as needed;
(7) the budget for the Program should not be less than the
estimate of the Cost Analysis Improvement Group of the
Department of Defense for the Program;
(8) the Program should continue to be managed by a single
program manager;
(9) the Program should be managed as a long-term
operational program; and
(10) once all requirements for the Program are fully agreed
to by the Secretary of Defense, the Secretary of Commerce, and
the Administrator of the National Aeronautics and Space
Administration, the Program should be executed with no
modifications to those requirements that would increase the
cost, or extend the schedule, of the Program.
Subtitle C--Intelligence Matters
SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY IN AUTHORITY TO USE
PROCEEDS FROM COUNTERINTELLIGENCE OPERATIONS.
(a) In General.--Section 423 of title 10, United States Code, is
amended by inserting ``and the Defense Intelligence Agency'' after
``the military departments'' each place it appears in subsections (a)
and (c).
(b) Conforming Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 423. Authority to use proceeds from counterintelligence
operations of the military departments and the Defense
Intelligence Agency''.
(2) Table of sections.--The table of sections at the
beginning of chapter 21 of such title is amended by striking
the item relating to section 423 and inserting the following
new item:
``423. Authority to use proceeds from counterintelligence operations of
the military departments and the Defense
Intelligence Agency.''.
Subtitle D--Other Matters
SEC. 931. UNITED STATES MILITARY CANCER INSTITUTE.
(a) Establishment.--Chapter 104 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2118. United States Military Cancer Institute
``(a) Establishment.--The Secretary of Defense shall establish in
the University the United States Military Cancer Institute. The
Institute shall be established pursuant to regulations prescribed by
the Secretary.
``(b) Purposes.--The purposes of the Institute are as follows:
``(1) To establish and maintain a clearinghouse of data on
the incidence and prevalence of cancer among members and former
members of the armed forces.
``(2) To conduct research that contributes to the detection
or treatment of cancer among the members and former members of
the armed forces.
``(c) Head of Institute.--The Director of the United States
Military Cancer Institute is the head of the Institute. The Director
shall report to the President of the University regarding matters
relating to the Institute.
``(d) Elements.--(1) The Institute is composed of clinical and
basic scientists in the Department of Defense who have an expertise in
research, patient care, and education relating to oncology and who meet
applicable criteria for affiliation with the Institute.
``(2) The components of the Institute include military treatment
and research facilities that meet applicable criteria and are
designated as affiliates of the Institute.
``(e) Research.--(1) The Director of the United States Military
Cancer Institute shall carry out research studies on the following:
``(A) The epidemiological features of cancer, including
assessments of the carcinogenic effect of genetic and
environmental factors, and of disparities in health, inherent
or common among populations of various ethnic origins within
the members of the armed forces.
``(B) The prevention and early detection of cancer among
members and former members of the armed forces.
``(C) Basic, translational, and clinical investigation
matters relating to the matters described in subparagraphs (A)
and (B).
``(2) The research studies under paragraph (1) shall include
complementary research on oncologic nursing.
``(f) Collaborative Research.--The Director of the United States
Military Cancer Institute shall carry out the research studies under
subsection (e) in collaboration with other cancer research
organizations and entities selected by the Institute for purposes of
the research studies.
``(g) Annual Report.--(1) Not later than November 1 each year, the
Director of the United States Military Cancer Institute shall submit to
the President of the University a report on the current status of the
research studies being carried out by the Institute under subsection
(e).
``(2) Not later than 60 days after receiving a report under
paragraph (1), the President of the University shall transmit such
report to the Secretary of Defense and to Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 104 of such title is amended by adding at the end the following
new item:
``2118. United States Military Cancer Institute.''.
SEC. 932. INSTRUCTION OF PRIVATE SECTOR EMPLOYEES IN CYBER SECURITY
COURSES OF THE DEFENSE CYBER INVESTIGATIONS TRAINING
ACADEMY.
(a) Authority To Receive Instruction.--
(1) In general.--The Secretary of Defense may permit
eligible private sector employees to enroll in and receive
instruction at the Defense Cyber Investigations Training
Academy operated under the direction of the Defense Cyber Crime
Center.
(2) Limitation.--Not more than the equivalent of 200 full-
time student positions at the Defense Cyber Investigations
Training Academy may be filled at any one time by private
sector employees enrolled under this section.
(3) Certification.--Upon successful completion of a course
of instruction at the Defense Cyber Investigations Training
Academy under this section, a private sector employee may be
awarded an appropriate certification or diploma.
(b) Eligible Private Sector Employees.--
(1) In general.--For purposes of this section, an eligible
private sector employee is an individual employed by a private
entity, as determined by the Secretary--
(A) that is engaged in providing to the Department
of Defense or other departments or agencies of the
Federal Government significant and substantial defense-
related systems, products, or services; or
(B) whose work product is relevant to national
security policy or strategy.
(2) Duration of treatment.--An individual is eligible for
treatment as a private sector employee for purposes of this
section only so long as the individual remains employed by a
private entity described in paragraph (1).
(c) Curricula Open to Enrollees.--The curricula of instruction for
which eligible private sector employees may enroll at the Defense Cyber
Investigations Training Academy under this section may only include
curricula of instruction otherwise offered by the Academy that, as
determined by the Secretary, are not readily available through other
educational institutions.
(d) Tuition.--A private sector employee enrolled at the Defense
Cyber Investigations Training Academy under this section shall be
charged tuition at a rate equal to the rate charged for civilian
employees of the Federal Government at the Academy.
(e) Standards of Conduct.--While receiving instruction at the
Defense Cyber Investigations Training Academy under this section,
private sector employees enrolled at the Academy under this section
shall, to the extent practicable, be subject to the same regulations
governing academic performance, attendance, norms of behavior, and
enrollment as apply to civilian employees of the Federal Government
receiving instruction at the Academy.
(f) Use of Funds.--Notwithstanding section 3302 of title 31, United
States Code, or any other provision of law, amounts received by the
Defense Cyber Investigations Training Academy for the instruction of
private sector employees enrolled under this section shall be retained
by the Academy to defray the costs of such instruction. The source and
disposition of funds so retained and utilized shall be specifically
identified in records of the Academy.
SEC. 933. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED AIRCRAFT.
(a) In General.--The Secretary of Defense and the Secretary of
Transportation shall, after consultation with the Secretary of Homeland
Security, jointly develop a plan for providing access to the national
airspace for unmanned aircraft of the Department of Defense.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) A description of how the Department of Defense and the
Department of Transportation will communicate and cooperate, at
the executive, management, and action levels, to provide access
to the national airspace for unmanned aircraft of the
Department of Defense.
(2) Specific milestones, aligned to operational and
training needs, for providing access to the national airspace
for unmanned aircraft and a transition plan for sites
programmed to be activated as unmanned aerial system sites
during fiscal years 2010 through 2015.
(3) Recommendations for policies with respect to use of the
national airspace, flight standards, and operating procedures
that should be implemented by the Department of Defense and the
Department of Transportation to accommodate unmanned aircraft
assigned to any State or territory of the United States.
(4) An identification of resources required by the
Department of Defense and the Department of Transportation to
execute the plan.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Transportation shall submit to the congressional defense committees,
the Committee on Commerce, Science, and Transportation of the Senate,
and the Committee on Transportation and Infrastructure of the House of
Representatives a report containing the plan required by subsection
(a).
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2010 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a)
SEC. 1002. AUDIT READINESS OF FINANCIAL STATEMENTS OF THE DEPARTMENT OF
DEFENSE.
(a) Audit Readiness Objectives.--It shall be the objective of the
Department of Defense to ensure that--
(1) the financial statements of the Department of the Army
are validated as ready for audit by not later than March 31,
2017;
(2) the financial statements of the Department of the Navy
are validated as ready for audit by not later than March 31,
2016;
(3) the financial statements of the Department of the Air
Force are validated as ready for audit by not later than
September 30, 2016;
(4) the financial statements of the Defense Logistics
Agency are validated as ready for audit by not later than
September 30, 2017; and
(5) the financial statements of the Department of Defense
are validated as ready for audit by not later than September
30, 2017.
(b) Adjustment of Deadline for Objectives.--
(1) In general.--In the event that the appropriate chief
management officer determines that the Department of Defense, a
military department, or the Defense Logistics Agency will be
unable to meet the deadline for an objective as specified in
subsection (a), the chief management officer may adjust the
deadline for meeting such objective.
(2) Report.--Not later than 30 days after adjusting the
deadline for an objective pursuant to paragraph (1), the chief
management officer concerned shall submit to the congressional
defense committees a report setting forth--
(A) a statement of the reasons why the Department
of Defense, the military department, or the Defense
Logistics Agency, as applicable, will be unable to meet
the deadline for such objective;
(B) a proposed completion date for the achievement
of compliance with such objective; and
(C) a description of the actions that have been
taken and are planned to be taken by the Department of
Defense, the military department, or the Defense
Logistics Agency, as applicable, to meet such
objective.
(3) Appropriate chief management officer.--For the purposes
of this subsection, the appropriate chief management officer is
as follows:
(A) For the objective in subsection (a)(1), the
Chief Management Officer of the Army.
(B) For the objective in subsection (a)(2), the
Chief Management Officer of the Navy.
(C) For the objective in subsection (a)(3), the
Chief Management Officer of the Air Force.
(D) For the objective in subsection (a)(4), the
Deputy Chief Management Officer of the Department of
Defense.
(E) For the objective in subsection (a)(5), the
Chief Management Officer of the Department of Defense.
(c) Financial Improvement Audit Readiness Plan.--
(1) In general.--The Chief Management Officer of the
Department of Defense shall, in consultation with the Under
Secretary of Defense (Comptroller), develop and maintain a plan
to be known as the ``Financial Improvement and Audit Readiness
Plan''.
(2) Elements.--The plan required by paragraph (1) shall--
(A) describe specific actions to be taken to--
(i) correct financial management
deficiencies that impair the ability of the
Department of Defense to prepare timely,
reliable, and complete financial management
information; and
(ii) meet the objectives specified in
subsection (a); and
(B) systematically tie the actions described under
subparagraph (A) to process and control improvements
and business systems modernization efforts described in
the business enterprise architecture and transition
plan required by section 2222 of title 10, United
States Code.
(d) Semi-Annual Reports on Financial Improvement and Audit
Readiness Plan.--
(1) In general.--Not later than May 15 and November 15 each
year, the Under Secretary of Defense (Comptroller) shall submit
to the congressional defense committees a report on the status
of the implementation by the Department of Defense of the
Financial Improvement and Audit Readiness Plan required by
subsection (c).
(2) Elements.--Each report under paragraph (1) shall
include, at a minimum--
(A) an overview of the steps the Department has
taken or plans to take to meet the objectives specified
in subsection (a), including any interim objectives
established by the Department for that purpose; and
(B) a description of any impediments identified in
the efforts of the Department to meet such objectives,
and of the actions the Department has taken or plans to
take to address such impediments.
(3) Additional issues to be addressed in first report.--The
first report submitted under paragraph (1) after the date of
the enactment of this Act shall address, in addition to the
elements required by paragraph (2), the actions taken or to be
taken by the Department as follows:
(A) To develop standardized guidance for financial
improvement plans by components of the Department.
(B) To establish a baseline of financial management
capabilities and weaknesses at the component level of
the Department.
(C) To provide results-oriented metrics for
measuring and reporting quantifiable results toward
addressing financial management deficiencies.
(D) To define the oversight roles of the Chief
Management Officer of the Department of Defense, the
chief management officers of the military departments,
and other appropriate elements of the Department to
ensure that the requirements of the Financial
Improvement and Audit Readiness Plan are carried out.
(E) To assign accountability for carrying out
specific elements of the Financial Improvement and
Audit Readiness Plan to appropriate officials and
organizations at the component level of the Department.
(F) To develop mechanisms to track budgets and
expenditures for the implementation of the requirements
of the Financial Improvement and Audit Readiness Plan.
(e) Relationship to Existing Law.--The requirements of this section
shall be implemented in a manner that is consistent with the
requirements of section 1008 of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1204; 10 U.S.C.
2222 note).
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. TEMPORARY REDUCTION IN MINIMUM NUMBER OF AIRCRAFT CARRIERS
IN ACTIVE SERVICE.
Notwithstanding section 5062(b) of title 10, United States Code,
during the period beginning on the date of the decommissioning of the
U.S.S. Enterprise (CVN 65) and ending on the date of the commissioning
into active service of the U.S.S. Gerald R. Ford (CVN 78), the number
of operational aircraft carriers in the naval combat forces of the Navy
may be 10.
SEC. 1012. REPEAL OF POLICY RELATING TO THE MAJOR COMBATANT VESSELS OF
THE STRIKE FORCES OF THE UNITED STATES NAVY.
Section 1012 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 303) is repealed.
SEC. 1013. SENSE OF SENATE ON THE MAINTENANCE OF A 313-SHIP NAVY.
(a) Findings.--The Senate makes the following findings:
(1) The Department of the Navy has a stated requirement for
a 313-ship fleet.
(2) The Navy can better meet this requirement--
(A) by procuring sufficient numbers of new ships;
and
(B) by ensuring the sound material condition of
existing ships that will enable the Navy to utilize
them for their full planned service lives.
(3) When procuring new classes of ships, the Navy must
exercise greater caution than it has exhibited to date in
proceeding from one stage of the acquisition cycle to the next
before a ship program has achieved a level of maturity that
significantly lowers the risk of cost growth and schedule
slippage.
(4) In retaining existing assets, the Navy can do a much
better job of achieving the full planned service lives of ships
and extending the service lives of certain ships so as to keep
their unique capabilities in the fleet while the Navy takes the
time necessary to develop and field next-generation
capabilities under a low risk program.
(5) The Navy can undertake certain development approaches
that can help the Navy control the total costs of ownership of
a ship or class of ships, including emphasizing common hull
designs, open architecture combat systems, and other common
ship systems in order to achieve efficiency in acquiring and
supporting various classes of ships.
(6) The Navy needs to continue its efforts toward achieving
an open architecture for existing combat systems, as this will
have great benefit in reducing the costs and risks of fielding
new classes of ships, and will yield recurring savings from
reducing the costs of buying later ships in a program and
reducing life cycle support costs for ships and classes of
ships.
(7) The Navy can also undertake other measures to acquire
new ships and maintain the current fleet with greater
efficiency, including--
(A) greater use of fixed-price contracts;
(B) maximizing competition (or the option of
competition) throughout the life cycle of its ships;
(C) entering into multiyear contracts when
warranted; and
(D) employing an incremental approach to developing
new technologies.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Navy should meet its requirement for a 313-ship
fleet;
(2) the Navy should take greater care to achieve the full
planned service life of existing ships and reduce the incidence
of early ship decommissioning;
(3) the Navy should exercise greater restraint on the
acquisition process for ships in order to achieve on-time, on-
cost shipbuilding programs; and
(4) Congress should support the Navy when it is acting
responsibly to undertake measures that can help the Navy
achieve the requirement for a 313-ship fleet and maintain a
fleet that is adequate to meet the national security needs of
the United States.
SEC. 1014. DESIGNATION OF U.S.S. CONSTITUTION AS AMERICA'S SHIP OF
STATE.
(a) Findings.--Congress makes the following findings:
(1) The 3rd Congress authorized, in the Act entitled ``An
Act to Provide a Naval Armament'', approved on March 27, 1794
(1 Stat. 350, Chap. XII), the construction of six frigates as
the first ships to be built for the United States Navy.
(2) One of the six frigates was built in Boston between
1794 and 1797, and is the only one of the original six ships to
survive.
(3) President George Washington named this frigate
``Constitution'' to represent the Nation's founding document.
(4) President Thomas Jefferson, asserting the right of the
United States to trade on the high seas, dispatched the frigate
Constitution in 1803 as the flagship of the Mediterranean
Squadron to end the depredations of the Barbary States against
United States ships and shipping, which led to a treaty being
signed with the Bashaw of Tripoli in the Captain's cabin aboard
the frigate Constitution on June 4, 1805.
(5) The frigate Constitution, with her defeat of HMS
Guerriere, secured the first major victory by the young United
States Navy against the Royal Navy during the War of 1812,
gaining in the process the nickname ``Old Ironsides'', which
she has proudly carried since.
(6) Congress awarded gold medals to four of the ship's
commanding officers (Preble, Hull, Stewart, and Bainbridge), a
record unmatched by any other United States Navy vessel.
(7) The frigate Constitution emerged from the War of 1812
undefeated, having secured victories over three additional
ships of the Royal Navy.
(8) As early as May 1815, the frigate Constitution had
already been adopted as a symbol of the young Republic, as
attested by the [Washington] National Intelligencer which
proclaimed, ``Let us keep `Old Ironsides' at home. She has,
literally become the Nation's Ship . . . and should thus be
preserved . . . in honorable pomp, as a glorious Monument of
her own, and our other Naval Victories.''.
(9) Rumors in 1830 that ``Old Ironsides,'' an aging
frigate, was about to be scrapped resulted in a public uproar
demanding that the ship be restored and preserved, spurred by
Oliver Wendell Holmes' immortal poem ``Old Ironsides''.
(10) ``Old Ironsides'' circumnavigated the world between
1844 and 1846, showing the American flag as she searched for
future coaling stations that would eventually fuel the steam-
powered navy of the United States.
(11) The first Pope to set foot on United States sovereign
territory was Pius IX onboard the frigate Constitution in 1849.
(12) ``Old Ironsides'' helped evacuate the United States
Naval Academy from Annapolis, Maryland, to Newport, Rhode
Island, in 1860 to prevent this esteemed ship from falling into
Confederate hands.
(13) Congressman John F. ``Honey Fitz'' Fitzgerald
introduced legislation in 1896 to return ``Old Ironsides'' from
the Portsmouth (New Hampshire) Naval Shipyard, where she was
moored pier side and largely forgotten, to Boston for her 100th
birthday.
(14) Thousands of school children contributed pennies
between 1925 an 1927 to help fund a much needed restoration for
``Old Ironsides''.
(15) Between 1931 and 1934, more than 4,500,000 Americans
gained inspiration, at the depth of the Great Depression, by
going aboard ``Old Ironsides'' as she was towed to 76 ports on
the Atlantic, Gulf, and Pacific coasts.
(16) The 83rd Congress enacted the Act of July 23, 1954 (68
Stat. 527, chapter 565), which directed the Secretary of the
Navy to transfer to the States and appropriate commissions four
other historic ships then on the Navy inventory, and to repair
and equip U.S.S. Constitution, as much as practicable, to her
original condition, but not for active service.
(17) Queen Elizabeth II paid a formal visit to U.S.S.
Constitution in 1976, at the start of her state visit marking
the Bicentennial of the United States.
(18) The U.S.S. Constitution, in celebration of her
bicentennial, returned to sea under sail on July 21, 1997 for
the first time since 1881, proudly setting sails purchased by
the contributions of thousands of pennies given by school
children across the United States.
(19) The U.S.S. Constitution is the oldest commissioned
warship afloat in the world.
(20) The U.S.S. Constitution is a National Historic
Landmark.
(21) The U.S.S. Constitution continues to perform official,
ceremonial duties, including in recent years hosting a
congressional dinner honoring the late Senator John Chafee of
Rhode Island, a special salute for the dedication of the John
Moakley Federal Courthouse, a luncheon honoring British
Ambassador Sir David Manning, and a special underway
demonstration during which 60 Medal of Honor recipients each
received a personal Medal of Honor flag.
(22) The U.S.S. Constitution celebrated on October 21,
2007, the 210th anniversary of her launching.
(23) The U.S.S. Constitution will remain a commissioned
ship in the United States Navy, with the Navy retaining control
of the ship, its material condition, and its employment.
(24) The U.S.S. Constitution's primary mission will remain
education and public outreach, and any Ship of State functions
will be an adjunct to the ship's primary mission.
(b) Designation as America's Ship of State.--
(1) In general.--The U.S.S. Constitution is hereby
designated as ``America's Ship of State''.
(2) References.--The U.S.S. Constitution may be known or
referred to as ``America's Ship of State''.
(3) Sense of congress.--It is the sense of Congress that
the President, Vice President, executive branch officials, and
members of Congress should utilize the U.S.S. Constitution for
the conducting of pertinent matters of state, such as hosting
visiting heads of state, signing legislation relating to the
Armed Forces, and signing maritime related treaties.
(4) Fee or reimbursement structure for non-department of
the navy use.--The Secretary of the Navy shall determine an
appropriate fee or reimbursement structure for any non-
Department of the Navy entities using the U.S.S. Constitution
for Ship of State purposes.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN
FOREIGN GOVERNMENTS.
(a) Extension of Authority.--Subsection (a)(2) of section 1033 of
the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1881), as amended by section 1021 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1593), section 1022 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2137), section 1022 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), and section 1024
of the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4587), is further amended by
striking ``2009'' and inserting ``2010''.
(b) Maximum Annual Amount of Support.--Subsection (e)(2) of such
section is amended--
(1) by striking ``or'' before ``$75,000,000''; and
(2) by striking the period at the end and inserting ``, or
$100,000,000 during fiscal year 2010.''.
(c) Conditions on Provision of Support.--Subsection (f)(2) of such
section is amended in the matter preceding subparagraph (A) by striking
``for fiscal year 2009 to carry out this section and the first fiscal
year in which the support is to be provided'' and inserting ``and
available for support''.
(d) Counter-Drug Plan.--Subsection (h) of such section is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal year 2009'' and inserting ``for each fiscal year'';
and
(2) in paragraph (7), by striking ``fiscal year 2009, and
thereafter, for the first fiscal year in which support is to be
provided'' and inserting ``each fiscal year in which support is
to be provided a government''.
SEC. 1022. ONE-YEAR EXTENSION OF AUTHORITY FOR JOINT TASK FORCES
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
TERRORISM ACTIVITIES.
(a) One-Year Extension.--Subsection (b) of section 1022 of the
National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371
note) is amended by striking ``2009'' and inserting ``2010''.
(b) Annual Report.--Subsection (c) of such section is amended to
read as follows:
``(c) Annual Report.--Not later than December 31 of each year after
2008 in which the authority in subsection (a) is in effect, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth, for the one-year period ending on
the date of such report, the following:
``(1) An assessment of the effect on counter-drug and
counter-terrorism activities and objectives of using counter-
drug funds of a joint task force to provide counterterrorism
support authorized by subsection (a).
``(2) A description of the type of support and any
recipient of support provided under subsection (a).
``(3) A list of current joint task forces conducting
counter-drug operations.''.
SEC. 1023. ONE-YEAR EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-
DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as
amended by section 1023 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2382) and section 1023 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4586), is further amended--
(1) in subsection (a)(1), by striking ``2009'' and
inserting ``2010''; and
(2) in subsection (c), by striking ``2009'' and inserting
``2010''.
Subtitle D--Military Commissions
SEC. 1031. MILITARY COMMISSIONS.
(a) In General.--Chapter 47A of title 10, United States Code, is
amended to read as follows:
``CHAPTER 47A--MILITARY COMMISSIONS
``SUBCHAPTER Sec.
``I. General Provisions..................................... 948a.
``II. Composition of Military Commissions................... 948h.
``III. Pre-Trial Procedure.................................. 948q.
``IV. Trial Procedure....................................... 949a.
``V. Classified Information Procedures...................... 949p-1.
``VI. Sentences............................................. 949s.
``VII. Post-Trial Procedures and Review of Military 950a.
Commissions.
``VIII. Punitive Matters.................................... 950p.
``SUBCHAPTER I--GENERAL PROVISIONS
``Sec.
``948a. Definitions.
``948b. Military commissions generally.
``948c. Persons subject to military commissions.
``948d. Jurisdiction of military commissions.
``Sec. 948a. Definitions
``In this chapter:
``(1) Alien.--The term `alien' means an individual who is
not a citizen of the United States.
``(2) Classified information.--The term `classified
information' means the following:
``(A) Any information or material that has been
determined by the United States Government pursuant to
statute, Executive order, or regulation to require
protection against unauthorized disclosure for reasons
of national security.
``(B) Any restricted data, as that term is defined
in section 11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).
``(3) Coalition partner.--The term `coalition partner',
with respect to hostilities engaged in by the United States,
means any State or armed force directly engaged along with the
United States in such hostilities or providing direct
operational support to the United States in connection with
such hostilities.
``(4) Geneva convention relative to the treatment of
prisoners of war.--The term `Geneva Convention Relative to the
Treatment of Prisoners of War' means the Convention Relative to
the Treatment of Prisoners of War, done at Geneva August 12,
1949 (6 UST 3316).
``(5) Geneva conventions.--The term `Geneva Conventions'
means the international conventions signed at Geneva on August
12, 1949.
``(6) Privileged belligerent.--The term `privileged
belligerent' means an individual belonging to one of the eight
categories enumerated in Article 4 of the Geneva Convention
Relative to the Treatment of Prisoners of War.
``(7) Unprivileged enemy belligerent.--The term
`unprivileged enemy belligerent' means an individual (other
than a privileged belligerent) who--
``(A) has engaged in hostilities against the United
States or its coalition partners;
``(B) has purposefully and materially supported
hostilities against the United States or its coalition
partners; or
``(C) is a member of al Qaeda.
``(8) National security.--The term `national security'
means the national defense and foreign relations of the United
States.
``Sec. 948b. Military commissions generally
``(a) Purpose.--This chapter establishes procedures governing the
use of military commissions to try alien unprivileged enemy
belligerents for violations of the law of war and other offenses
triable by military commission.
``(b) Authority for Military Commissions Under This Chapter.--The
President is authorized to establish military commissions under this
chapter for offenses triable by military commission as provided in this
chapter.
``(c) Construction of Provisions.--The procedures for military
commissions set forth in this chapter are based upon the procedures for
trial by general courts-martial under chapter 47 of this title (the
Uniform Code of Military Justice). Chapter 47 of this title does not,
by its terms, apply to trial by military commission except as
specifically provided therein or in this chapter, and many of the
provisions of chapter 47 of this title are by their terms inapplicable
to military commissions. The judicial construction and application of
chapter 47 of this title, while instructive, is therefore not of its
own force binding on military commissions established under this
chapter.
``(d) Inapplicability of Certain Provisions.--(1) The following
provisions of this title shall not apply to trial by military
commission under this chapter:
``(A) Section 810 (article 10 of the Uniform Code of
Military Justice), relating to speedy trial, including any rule
of courts-martial relating to speedy trial.
``(B) Sections 831(a), (b), and (d) (articles 31(a), (b),
and (d) of the Uniform Code of Military Justice), relating to
compulsory self-incrimination.
``(C) Section 832 (article 32 of the Uniform Code of
Military Justice), relating to pretrial investigation.
``(2) Other provisions of chapter 47 of this title shall apply to
trial by military commission under this chapter only to the extent
provided by the terms of such provisions or by this chapter.
``(e) Treatment of Rulings and Precedents.--The findings, holdings,
interpretations, and other precedents of military commissions under
this chapter may not be introduced or considered in any hearing, trial,
or other proceeding of a court-martial convened under chapter 47 of
this title. The findings, holdings, interpretations, and other
precedents of military commissions under this chapter may not form the
basis of any holding, decision, or other determination of a court-
martial convened under that chapter.
``(f) Geneva Conventions Not Establishing Private Right of
Action.--No alien unprivileged enemy belligerent subject to trial by
military commission under this chapter may invoke the Geneva
Conventions as a basis for a private right of action.
``Sec. 948c. Persons subject to military commissions
``Any alien unprivileged enemy belligerent having engaged in
hostilities or having supported hostilities against the United States
is subject to trial by military commission as set forth in this
chapter.
``Sec. 948d. Jurisdiction of military commissions
``A military commission under this chapter shall have jurisdiction
to try persons subject to this chapter for any offense made punishable
by this chapter, sections 904 and 906 of this title (articles 104 and
106 of the Uniform Code of Military Justice), or the law of war, and
may, under such limitations as the President may prescribe, adjudge any
punishment not forbidden by this chapter, including the penalty of
death when specifically authorized under this chapter. A military
commission is a competent tribunal to make a finding sufficient for
jurisdiction.
``SUBCHAPTER II--COMPOSITION OF MILITARY COMMISSIONS
``Sec.
``948h. Who may convene military commissions.
``948i. Who may serve on military commissions.
``948j. Military judge of a military commission.
``948k. Detail of trial counsel and defense counsel.
``948l. Detail or employment of reporters and interpreters.
``948m. Number of members; excuse of members; absent and additional
members.
``Sec. 948h. Who may convene military commissions
``Military commissions under this chapter may be convened by the
Secretary of Defense or by any officer or official of the United States
designated by the Secretary for that purpose.
``Sec. 948i. Who may serve on military commissions
``(a) In General.--Any commissioned officer of the armed forces on
active duty is eligible to serve on a military commission under this
chapter, including commissioned officers of the reserve components of
the armed forces on active duty, commissioned officers of the National
Guard on active duty in Federal service, or retired commissioned
officers recalled to active duty.
``(b) Detail of Members.--When convening a military commission
under this chapter, the convening authority shall detail as members
thereof such members of the armed forces eligible under subsection (a)
who, as in the opinion of the convening authority, are best qualified
for the duty by reason of age, education, training, experience, length
of service, and judicial temperament. No member of an armed force is
eligible to serve as a member of a military commission when such member
is the accuser or a witness for the prosecution or has acted as an
investigator or counsel in the same case.
``(c) Excuse of Members.--Before a military commission under this
chapter is assembled for the trial of a case, the convening authority
may excuse a member from participating in the case.
``Sec. 948j. Military judge of a military commission
``(a) Detail of Military Judge.--A military judge shall be detailed
to each military commission under this chapter. The Secretary of
Defense shall prescribe regulations providing for the manner in which
military judges are so detailed to military commissions. The military
judge shall preside over each military commission to which he has been
detailed.
``(b) Eligibility.--A military judge shall be a commissioned
officer of the armed forces who is a member of the bar of a Federal
court, or a member of the bar of the highest court of a State, and who
is certified to be qualified for duty under section 826 of this title
(article 26 of the Uniform Code of Military Justice) as a military
judge in general courts-martial by the Judge Advocate General of the
armed force of which such military judge is a member.
``(c) Ineligibility of Certain Individuals.--No person is eligible
to act as military judge in a case of a military commission under this
chapter if he is the accuser or a witness or has acted as investigator
or a counsel in the same case.
``(d) Consultation With Members; Ineligibility to Vote.--A military
judge detailed to a military commission under this chapter may not
consult with the members except in the presence of the accused (except
as otherwise provided in section 949d of this title), trial counsel,
and defense counsel, nor may he vote with the members.
``(e) Other Duties.--A commissioned officer who is certified to be
qualified for duty as a military judge of a military commission under
this chapter may perform such other duties as are assigned to him by or
with the approval of the Judge Advocate General of the armed force of
which such officer is a member or the designee of such Judge Advocate
General.
``(f) Prohibition on Evaluation of Fitness by Convening
Authority.--The convening authority of a military commission under this
chapter shall not prepare or review any report concerning the
effectiveness, fitness, or efficiency of a military judge detailed to
the military commission which relates to his performance of duty as a
military judge on the military commission.
``Sec. 948k. Detail of trial counsel and defense counsel
``(a) Detail of Counsel Generally.--(1) Trial counsel and military
defense counsel shall be detailed for each military commission under
this chapter.
``(2) Assistant trial counsel and assistant and associate defense
counsel may be detailed for a military commission under this chapter.
``(3) Military defense counsel for a military commission under this
chapter shall be detailed as soon as practicable.
``(4) The Secretary of Defense shall prescribe regulations
providing for the manner in which trial counsel and military defense
counsel are detailed for military commissions under this chapter and
for the persons who are authorized to detail such counsel for such
military commissions.
``(b) Trial Counsel.--Subject to subsection (e), trial counsel
detailed for a military commission under this chapter must be--
``(1) a judge advocate (as that term is defined in section
801 of this title (article 1 of the Uniform Code of Military
Justice)) who is--
``(A) a graduate of an accredited law school or is
a member of the bar of a Federal court or of the
highest court of a State; and
``(B) certified as competent to perform duties as
trial counsel before general courts-martial by the
Judge Advocate General of the armed force of which he
is a member; or
``(2) a civilian who is--
``(A) a member of the bar of a Federal court or of
the highest court of a State; and
``(B) otherwise qualified to practice before the
military commission pursuant to regulations prescribed
by the Secretary of Defense.
``(c) Military Defense Counsel.--Subject to subsection (e),
military defense counsel detailed for a military commission under this
chapter must be a judge advocate (as so defined) who is--
``(1) a graduate of an accredited law school or is a member
of the bar of a Federal court or of the highest court of a
State; and
``(2) certified as competent to perform duties as defense
counsel before general courts-martial by the Judge Advocate
General of the armed force of which he is a member.
``(d) Chief Prosecutor; Chief Defense Counsel.--(1) The Chief
Prosecutor in a military commission under this chapter shall meet the
requirements set forth in subsection (b)(1).
``(2) The Chief Defense Counsel in a military commission under this
chapter shall meet the requirements set forth in subsection (c)(1).
``(e) Ineligibility of Certain Individuals.--No person who has
acted as an investigator, military judge, or member of a military
commission under this chapter in any case may act later as trial
counsel or military defense counsel in the same case. No person who has
acted for the prosecution before a military commission under this
chapter may act later in the same case for the defense, nor may any
person who has acted for the defense before a military commission under
this chapter act later in the same case for the prosecution.
``Sec. 948l. Detail or employment of reporters and interpreters
``(a) Court Reporters.--Under such regulations as the Secretary of
Defense may prescribe, the convening authority of a military commission
under this chapter shall detail to or employ for the military
commission qualified court reporters, who shall prepare a verbatim
record of the proceedings of and testimony taken before the military
commission.
``(b) Interpreters.--Under such regulations as the Secretary of
Defense may prescribe, the convening authority of a military commission
under this chapter may detail to or employ for the military commission
interpreters who shall interpret for the military commission, and, as
necessary, for trial counsel and defense counsel for the military
commission, and for the accused.
``(c) Transcript; Record.--The transcript of a military commission
under this chapter shall be under the control of the convening
authority of the military commission, who shall also be responsible for
preparing the record of the proceedings of the military commission.
``Sec. 948m. Number of members; excuse of members; absent and
additional members
``(a) Number of Members.--(1) A military commission under this
chapter shall, except as provided in paragraph (2), have at least five
members.
``(2) In a case in which the accused before a military commission
under this chapter may be sentenced to a penalty of death, the military
commission shall have the number of members prescribed by section
949m(c) of this title.
``(b) Excuse of Members.--No member of a military commission under
this chapter may be absent or excused after the military commission has
been assembled for the trial of a case unless excused--
``(1) as a result of challenge;
``(2) by the military judge for physical disability or
other good cause; or
``(3) by order of the convening authority for good cause.
``(c) Absent and Additional Members.--Whenever a military
commission under this chapter is reduced below the number of members
required by subsection (a), the trial may not proceed unless the
convening authority details new members sufficient to provide not less
than such number. The trial may proceed with the new members present
after the recorded evidence previously introduced before the members
has been read to the military commission in the presence of the
military judge, the accused (except as provided in section 949d of this
title), and counsel for both sides.
``SUBCHAPTER III--PRE-TRIAL PROCEDURE
``Sec.
``948q. Charges and specifications.
``948r. Compulsory self-incrimination prohibited; statements obtained
by torture or cruel, inhuman, or degrading
treatment.
``948s. Service of charges.
``Sec. 948q. Charges and specifications
``(a) Charges and Specifications.--Charges and specifications
against an accused in a military commission under this chapter shall be
signed by a person subject to chapter 47 of this title under oath
before a commissioned officer of the armed forces authorized to
administer oaths and shall state--
``(1) that the signer has personal knowledge of, or reason
to believe, the matters set forth therein; and
``(2) that they are true in fact to the best of his
knowledge and belief.
``(b) Notice to Accused.--Upon the swearing of the charges and
specifications in accordance with subsection (a), the accused shall be
informed of the charges and specifications against him as soon as
practicable.
``Sec. 948r. Compulsory self-incrimination prohibited; statements
obtained by torture or cruel, inhuman, or degrading
treatment
``(a) In General.--No person shall be required to testify against
himself at a proceeding of a military commission under this chapter.
``(b) Statements Obtained by Torture.--A statement obtained by use
of torture, whether or not under color of law, shall not be admissible
in a trial by military commission under this chapter, except against a
person accused of torture as evidence the statement was made.
``(c) Statements Obtained Through Cruel, Inhuman, or Degrading
Treatment.--A statement in which the degree of coercion is disputed may
be admissible in a trial by military commission under this chapter only
if the military judge finds that--
``(1) the totality of the circumstances renders the
statement reliable and possessing sufficient probative value;
``(2) the interests of justice would best be served by
admission of the statement into evidence; and
``(3) the interrogation methods used to obtain the
statement do not amount to cruel, inhuman, or degrading
treatment prohibited by section 1003 of the Detainee Treatment
Act of 2005 (42 U.S.C. 2000dd).
``Sec. 948s. Service of charges
``The trial counsel assigned to a case before a military commission
under this chapter shall cause to be served upon the accused and
military defense counsel a copy of the charges upon which trial is to
be had in English and, if appropriate, in another language that the
accused understands, sufficiently in advance of trial to prepare a
defense.
``SUBCHAPTER IV--TRIAL PROCEDURE
``Sec.
``949a. Rules.
``949b. Unlawfully influencing action of military commission.
``949c. Duties of trial counsel and defense counsel.
``949d. Sessions.
``949e. Continuances.
``949f. Challenges.
``949g. Oaths.
``949h. Former jeopardy.
``949i. Pleas of the accused.
``949j. Opportunity to obtain witnesses and other evidence.
``949k. Defense of lack of mental responsibility.
``949l. Voting and rulings.
``949m. Number of votes required.
``949n. Military commission to announce action.
``949o. Record of trial.
``Sec. 949a. Rules
``(a) Procedures and Rules of Evidence.--Pretrial, trial, and post-
trial procedures, including elements and modes of proof, for cases
triable by military commission under this chapter may be prescribed by
the Secretary of Defense. Such procedures may not be contrary to or
inconsistent with this chapter. Except as otherwise provided in this
chapter or chapter 47 of this title, the procedures and rules of
evidence applicable in trials by general courts-martial of the United
States shall apply in trials by military commission under this chapter.
``(b) Exceptions.--(1) The Secretary of Defense, in consultation
with the Attorney General, may make such exceptions in the
applicability in trials by military commission under this chapter from
the procedures and rules of evidence otherwise applicable in general
courts-martial as may be required by the unique circumstances of the
conduct of military and intelligence operations during hostilities or
by other practical need.
``(2) Notwithstanding any exceptions authorized by paragraph (1),
the procedures and rules of evidence in trials by military commission
under this chapter shall include, at a minimum, the following rights:
``(A) To present evidence in his defense, to cross-examine
the witnesses who testify against him, and to examine and
respond to all evidence admitted against him on the issue of
guilt or innocence and for sentencing, as provided for by this
chapter.
``(B) To be present at all sessions of the military
commission (other than those for deliberations or voting),
except when excluded under section 949d of this title.
``(C) To be represented before a military commission by
civilian counsel if provided at no expense to the Government,
and by either the defense counsel detailed or by military
counsel of the accused's own selection, if reasonably
available.
``(D) To self-representation, if the accused knowingly and
competently waives the assistance of counsel, subject to the
provisions of paragraph (4).
``(E) To the suppression of evidence that is not reliable
or probative.
``(F) To the suppression of evidence the probative value of
which is substantially outweighed by--
``(i) the danger of unfair prejudice, confusion of
the issues, or misleading the members; or
``(ii) considerations of undue delay, waste of
time, or needless presentation of cumulative evidence.
``(3) In making exceptions in the applicability in trials by
military commission under this chapter from the procedures and rules
otherwise applicable in general courts-martial, the Secretary of
Defense may provide the following:
``(A) Evidence seized outside the United States shall not
be excluded from trial by military commission on the grounds
that the evidence was not seized pursuant to a search warrant
or authorization.
``(B) A statement of the accused that is otherwise
admissible shall not be excluded from trial by military
commission on grounds of alleged coercion or compulsory self-
incrimination so long as the evidence complies with the
provisions of section 948r of this title.
``(C) Evidence shall be admitted as authentic so long as--
``(i) the military judge of the military commission
determines that there is sufficient evidence that the
evidence is what it is claimed to be; and
``(ii) the military judge instructs the members
that they may consider any issue as to authentication
or identification of evidence in determining the
weight, if any, to be given to the evidence.
``(D) Hearsay evidence not otherwise admissible under the
rules of evidence applicable in trial by general courts-martial
may be admitted in a trial by military commission only if--
``(i) the proponent of the evidence makes known to
the adverse party, sufficiently in advance to provide
the adverse party with a fair opportunity to meet the
evidence, the proponent's intention to offer the
evidence, and the particulars of the evidence
(including information on the circumstances under which
the evidence was obtained); and
``(ii) the military judge, after taking into
account all of the circumstances surrounding the taking
of the statement, the degree to which the statement is
corroborated, and the indicia of reliability within the
statement itself, determines that--
``(I) the statement is offered as evidence
of a material fact;
``(II) either--
``(aa) direct testimony from the
witness is not available as a practical
matter, taking into consideration the
physical location of the witness and
the unique circumstances of the conduct
of military and intelligence operations
during hostilities; or
``(bb) the production of the
witness would have an adverse impact on
military or intelligence operations;
and
``(III) the general purposes of the rules
of evidence and the interests of justice will
best be served by admission of the statement
into evidence.
``(4)(A) The accused in a military commission under this chapter
who exercises the right to self-representation under paragraph (2)(D)
shall conform his deportment and the conduct of the defense to the
rules of evidence, procedure, and decorum applicable to trials by
military commission.
``(B) Failure of the accused to conform to the rules described in
subparagraph (A) may result in a partial or total revocation by the
military judge of the right of self-representation under paragraph
(2)(D). In such case, the military counsel of the accused or an
appropriately authorized civilian counsel shall perform the functions
necessary for the defense.
``(c) Delegation of Authority To Prescribe Regulations.--The
Secretary of Defense may delegate the authority of the Secretary to
prescribe regulations under this chapter.
``Sec. 949b. Unlawfully influencing action of military commission
``(a) In General.--(1) No authority convening a military commission
under this chapter may censure, reprimand, or admonish the military
commission, or any member, military judge, or counsel thereof, with
respect to the findings or sentence adjudged by the military
commission, or with respect to any other exercises of its or their
functions in the conduct of the proceedings.
``(2) No person may attempt to coerce or, by any unauthorized
means, influence--
``(A) the action of a military commission under this
chapter, or any member thereof, in reaching the findings or
sentence in any case;
``(B) the action of any convening, approving, or reviewing
authority with respect to their judicial acts; or
``(C) the exercise of professional judgment by trial
counsel or defense counsel.
``(3) The provisions of this subsection shall not apply with
respect to--
``(A) general instructional or informational courses in
military justice if such courses are designed solely for the
purpose of instructing members of a command in the substantive
and procedural aspects of military commissions; or
``(B) statements and instructions given in open proceedings
by a military judge or counsel.
``(b) Prohibition on Consideration of Actions on Commission in
Evaluation of Fitness.--In the preparation of an effectiveness,
fitness, or efficiency report or any other report or document used in
whole or in part for the purpose of determining whether a commissioned
officer of the armed forces is qualified to be advanced in grade, or in
determining the assignment or transfer of any such officer or whether
any such officer should be retained on active duty, no person may--
``(1) consider or evaluate the performance of duty of any
member of a military commission under this chapter; or
``(2) give a less favorable rating or evaluation to any
commissioned officer because of the zeal with which such
officer, in acting as counsel, represented any accused before a
military commission under this chapter.
``Sec. 949c. Duties of trial counsel and defense counsel
``(a) Trial Counsel.--The trial counsel of a military commission
under this chapter shall prosecute in the name of the United States.
``(b) Defense Counsel.--(1) The accused shall be represented in his
defense before a military commission under this chapter as provided in
this subsection.
``(2) The accused may be represented by military counsel detailed
under section 948k of this title or by military counsel of the
accused's own selection, if reasonably available.
``(3) The accused may be represented by civilian counsel if
retained by the accused, provided that such civilian counsel--
``(A) is a United States citizen;
``(B) is admitted to the practice of law in a State,
district, or possession of the United States, or before a
Federal court;
``(C) has not been the subject of any sanction of
disciplinary action by any court, bar, or other competent
governmental authority for relevant misconduct;
``(D) has been determined to be eligible for access to
information classified at the level Secret or higher; and
``(E) has signed a written agreement to comply with all
applicable regulations or instructions for counsel, including
any rules of court for conduct during the proceedings.
``(4) If the accused is represented by civilian counsel, military
counsel shall act as associate counsel.
``(5) The accused is not entitled to be represented by more than
one military counsel. However, the person authorized under regulations
prescribed under section 948k of this title to detail counsel, in such
person's sole discretion, may detail additional military counsel to
represent the accused.
``(6) Defense counsel may cross-examine each witness for the
prosecution who testifies before a military commission under this
chapter.
``(7) Civilian defense counsel shall protect any classified
information received during the course of representation of the accused
in accordance with all applicable law governing the protection of
classified information, and may not divulge such information to any
person not authorized to receive it.
``Sec. 949d. Sessions
``(a) Sessions Without Presence of Members.--(1) At any time after
the service of charges which have been referred for trial by military
commission under this chapter, the military judge may call the military
commission into session without the presence of the members for the
purpose of--
``(A) hearing and determining motions raising defenses or
objections which are capable of determination without trial of
the issues raised by a plea of not guilty;
``(B) hearing and ruling upon any matter which may be ruled
upon by the military judge under this chapter, whether or not
the matter is appropriate for later consideration or decision
by the members;
``(C) if permitted by regulations prescribed by the
Secretary of Defense, receiving the pleas of the accused; and
``(D) performing any other procedural function which may be
performed by the military judge under this chapter or under
rules prescribed pursuant to section 949a of this title and
which does not require the presence of the members.
``(2) Except as provided in subsections (b), (c), and (d), any
proceedings under paragraph (1) shall be conducted in the presence of
the accused, defense counsel, and trial counsel, and shall be made part
of the record.
``(b) Deliberation or Vote of Members.--When the members of a
military commission under this chapter deliberate or vote, only the
members may be present.
``(c) Closure of Proceedings.--(1) The military judge may close to
the public all or part of the proceedings of a military commission
under this chapter.
``(2) The military judge may close to the public all or a portion
of the proceedings under paragraph (1) only upon making a specific
finding that such closure is necessary to--
``(A) protect information the disclosure of which could
reasonably be expected to cause damage to the national
security, including intelligence or law enforcement sources,
methods, or activities; or
``(B) ensure the physical safety of individuals.
``(3) A finding under paragraph (2) may be based upon a
presentation, including a presentation ex parte or in camera, by either
trial counsel or defense counsel.
``(d) Exclusion of Accused From Certain Proceedings.--The military
judge may exclude the accused from any portion of a proceeding upon a
determination that, after being warned by the military judge, the
accused persists in conduct that justifies exclusion from the
courtroom--
``(1) to ensure the physical safety of individuals; or
``(2) to prevent disruption of the proceedings by the
accused.
``Sec. 949e. Continuances
``The military judge in a military commission under this chapter
may, for reasonable cause, grant a continuance to any party for such
time, and as often, as may appear to be just.
``Sec. 949f. Challenges
``(a) Challenges Authorized.--The military judge and members of a
military commission under this chapter may be challenged by the accused
or trial counsel for cause stated to the military commission. The
military judge shall determine the relevance and validity of challenges
for cause, and may not receive a challenge to more than one person at a
time. Challenges by trial counsel shall ordinarily be presented and
decided before those by the accused are offered.
``(b) Peremptory Challenges.--The accused and trial counsel are
each entitled to one peremptory challenge, but the military judge may
not be challenged except for cause.
``(c) Challenges Against Additional Members.--Whenever additional
members are detailed to a military commission under this chapter, and
after any challenges for cause against such additional members are
presented and decided, the accused and trial counsel are each entitled
to one peremptory challenge against members not previously subject to
peremptory challenge.
``Sec. 949g. Oaths
``(a) In General.--(1) Before performing their respective duties in
a military commission under this chapter, military judges, members,
trial counsel, defense counsel, reporters, and interpreters shall take
an oath to perform their duties faithfully.
``(2) The form of the oath required by paragraph (1), the time and
place of the taking thereof, the manner of recording thereof, and
whether the oath shall be taken for all cases in which duties are to be
performed or for a particular case, shall be as provided in regulations
prescribed by the Secretary of Defense. The regulations may provide
that--
``(A) an oath to perform faithfully duties as a military
judge, trial counsel, or defense counsel may be taken at any
time by any judge advocate or other person certified to be
qualified or competent for the duty; and
``(B) if such an oath is taken, such oath need not again be
taken at the time the judge advocate or other person is
detailed to that duty.
``(b) Witnesses.--Each witness before a military commission under
this chapter shall be examined on oath.
``(c) Oath Defined.--In this section, the term `oath' includes an
affirmation.
``Sec. 949h. Former jeopardy
``(a) In General.--No person may, without his consent, be tried by
a military commission under this chapter a second time for the same
offense.
``(b) Scope of Trial.--No proceeding in which the accused has been
found guilty by military commission under this chapter upon any charge
or specification is a trial in the sense of this section until the
finding of guilty has become final after review of the case has been
fully completed.
``Sec. 949i. Pleas of the accused
``(a) Plea of Not Guilty.--If an accused in a military commission
under this chapter after a plea of guilty sets up matter inconsistent
with the plea, or if it appears that the accused has entered the plea
of guilty through lack of understanding of its meaning and effect, or
if the accused fails or refuses to plead, a plea of not guilty shall be
entered in the record, and the military commission shall proceed as
though the accused had pleaded not guilty.
``(b) Finding of Guilt After Guilty Plea.--With respect to any
charge or specification to which a plea of guilty has been made by the
accused in a military commission under this chapter and accepted by the
military judge, a finding of guilty of the charge or specification may
be entered immediately without a vote. The finding shall constitute the
finding of the military commission unless the plea of guilty is
withdrawn prior to announcement of the sentence, in which event the
proceedings shall continue as though the accused had pleaded not
guilty.
``Sec. 949j. Opportunity to obtain witnesses and other evidence
``(a) In General.--(1) Defense counsel in a military commission
under this chapter shall have a reasonable opportunity to obtain
witnesses and other evidence as provided in regulations prescribed by
the Secretary of Defense.
``(2) Process issued in military commissions under this chapter to
compel witnesses to appear and testify and to compel the production of
other evidence--
``(A) shall be similar to that which courts of the United
States having criminal jurisdiction may lawfully issue; and
``(B) shall run to any place where the United States shall
have jurisdiction thereof.
``(b) Disclosure of Exculpatory Evidence.--(1) As soon as
practicable, trial counsel in a military commission under this chapter
shall disclose to the defense the existence of any evidence that
reasonably tends to--
``(A) negate the guilt of the accused of an offense
charged; or
``(B) reduce the degree of guilt of the accused with
respect to an offense charged.
``(2) The trial counsel shall, as soon as practicable, disclose to
the defense the existence of evidence that reasonably tends to impeach
the credibility of a witness whom the government intends to call at
trial.
``(3) The trial counsel shall, as soon as practicable upon a
finding of guilt, disclose to the defense the existence of evidence
that is not subject to paragraph (1) or paragraph (2) but that
reasonably may be viewed as mitigation evidence at sentencing.
``(4) The disclosure obligations under this subsection encompass
evidence that is known or reasonably should be known to any government
officials who participated in the investigation and prosecution of the
case against the defendant.
``Sec. 949k. Defense of lack of mental responsibility
``(a) Affirmative Defense.--It is an affirmative defense in a trial
by military commission under this chapter that, at the time of the
commission of the acts constituting the offense, the accused, as a
result of a severe mental disease or defect, was unable to appreciate
the nature and quality or the wrongfulness of the acts. Mental disease
or defect does not otherwise constitute a defense.
``(b) Burden of Proof.--The accused in a military commission under
this chapter has the burden of proving the defense of lack of mental
responsibility by clear and convincing evidence.
``(c) Findings Following Assertion of Defense.--Whenever lack of
mental responsibility of the accused with respect to an offense is
properly at issue in a military commission under this chapter, the
military judge shall instruct the members as to the defense of lack of
mental responsibility under this section and shall charge the members
to find the accused--
``(1) guilty;
``(2) not guilty; or
``(3) subject to subsection (d), not guilty by reason of
lack of mental responsibility.
``(d) Majority Vote Required for Finding.--The accused shall be
found not guilty by reason of lack of mental responsibility under
subsection (c)(3) only if a majority of the members present at the time
the vote is taken determines that the defense of lack of mental
responsibility has been established.
``Sec. 949l. Voting and rulings
``(a) Vote by Secret Written Ballot.--Voting by members of a
military commission under this chapter on the findings and on the
sentence shall be by secret written ballot.
``(b) Rulings.--(1) The military judge in a military commission
under this chapter shall rule upon all questions of law, including the
admissibility of evidence and all interlocutory questions arising
during the proceedings.
``(2) Any ruling made by the military judge upon a question of law
or an interlocutory question (other than the factual issue of mental
responsibility of the accused) is conclusive and constitutes the ruling
of the military commission. However, a military judge may change his
ruling at any time during the trial.
``(c) Instructions Prior to Vote.--Before a vote is taken of the
findings of a military commission under this chapter, the military
judge shall, in the presence of the accused and counsel, instruct the
members as to the elements of the offense and charge the members--
``(1) that the accused must be presumed to be innocent
until his guilt is established by legal and competent evidence
beyond a reasonable doubt;
``(2) that in the case being considered, if there is a
reasonable doubt as to the guilt of the accused, the doubt must
be resolved in favor of the accused and he must be acquitted;
``(3) that, if there is reasonable doubt as to the degree
of guilt, the finding must be in a lower degree as to which
there is no reasonable doubt; and
``(4) that the burden of proof to establish the guilt of
the accused beyond a reasonable doubt is upon the United
States.
``Sec. 949m. Number of votes required
``(a) Conviction.--No person may be convicted by a military
commission under this chapter of any offense, except as provided in
section 949i(b) of this title or by concurrence of two-thirds of the
members present at the time the vote is taken.
``(b) Sentences.--(1) Except as provided in paragraphs (2) and (3),
sentences shall be determined by a military commission by the
concurrence of two-thirds of the members present at the time the vote
is taken.
``(2) No person may be sentenced to death by a military commission,
except insofar as--
``(A) the penalty of death has been expressly authorized
under this chapter, chapter 47 of this title, or the law of war
for an offense of which the accused has been found guilty;
``(B) trial counsel expressly sought the penalty of death
by filing an appropriate notice in advance of trial;
``(C) the accused was convicted of the offense by the
concurrence of all the members present at the time the vote is
taken; and
``(D) all members present at the time the vote was taken
concurred in the sentence of death.
``(3) No person may be sentenced to life imprisonment, or to
confinement for more than 10 years, by a military commission under this
chapter except by the concurrence of three-fourths of the members
present at the time the vote is taken.
``(c) Number of Members Required for Penalty of Death.--(1) Except
as provided in paragraph (2), in a case in which the penalty of death
is sought, the number of members of the military commission under this
chapter shall be not less than 12 members.
``(2) In any case described in paragraph (1) in which 12 members
are not reasonably available for a military commission because of
physical conditions or military exigencies, the convening authority
shall specify a lesser number of members for the military commission
(but not fewer than 5 members), and the military commission may be
assembled, and the trial held, with not less than the number of members
so specified. In any such case, the convening authority shall make a
detailed written statement, to be appended to the record, stating why a
greater number of members were not reasonably available.
``Sec. 949n. Military commission to announce action
``A military commission under this chapter shall announce its
findings and sentence to the parties as soon as determined.
``Sec. 949o. Record of trial
``(a) Record; Authentication.--Each military commission under this
chapter shall keep a separate, verbatim, record of the proceedings in
each case brought before it, and the record shall be authenticated by
the signature of the military judge. If the record cannot be
authenticated by the military judge by reason of his death, disability,
or absence, it shall be authenticated by the signature of the trial
counsel or by a member if the trial counsel is unable to authenticate
it by reason of his death, disability, or absence. Where appropriate,
and as provided in regulations prescribed by the Secretary of Defense,
the record of a military commission under this chapter may contain a
classified annex.
``(b) Complete Record Required.--A complete record of the
proceedings and testimony shall be prepared in every military
commission under this chapter.
``(c) Provision of Copy to Accused.--A copy of the record of the
proceedings of the military commission under this chapter shall be
given the accused as soon as it is authenticated. If the record
contains classified information, or a classified annex, the accused
shall receive a redacted version of the record consistent with the
requirements of section 949d(c)(4) of this title. Defense counsel shall
have access to the unredacted record, as provided in regulations
prescribed by the Secretary of Defense.
``SUBCHAPTER V--CLASSIFIED INFORMATION PROCEDURES
``Sec.
``949p-1. Protection of classified information: applicability of
subchapter.
``949p-2. Pretrial conference.
``949p-3. Protective orders.
``949p-4. Discovery of, and access to, classified information by the
accused.
``949p-5. Notice by accused of intention to disclose classified
information.
``949p-6. Procedure for cases involving classified information.
``949p-7. Introduction of classified information into evidence.
``Sec. 949p-1. Protection of classified information: applicability of
subchapter
``(a) Protection of Classified Information.--Classified information
shall be protected and is privileged from disclosure if disclosure
would be detrimental to the national security. Under no circumstances
may a military judge order the release of classified information to any
person not authorized to receive such information.
``(b) Access to Evidence.--Any information admitted into evidence
pursuant to any rule, procedure, or order by the military judge shall
be provided to the accused.
``(c) Declassification.--Trial counsel shall work with the original
classification authorities for evidence that may be used at trial to
ensure that such evidence is declassified to the maximum extent
possible, consistent with the requirements of national security. A
decision not to declassify evidence under this section shall not be
subject to review by a military commission or upon appeal.
``(d) Construction of Provisions.--The judicial construction of the
Classified Information Procedures Act (18 U.S.C. App.) shall be
authoritative in the interpretation of this subchapter, except to the
extent that such construction is inconsistent with the specific
requirements of this chapter.
``Sec. 949p-2. Pretrial conference
``(a) Motion.--At any time after service of charges, any party may
move for a pretrial conference to consider matters relating to
classified information that may arise in connection with the
prosecution.
``(b) Conference.--Following a motion under subsection (a), or sua
sponte, the military judge shall promptly hold a pretrial conference.
Upon request by either party, the court shall hold such conference ex
parte to the extent necessary to protect classified information from
disclosure, in accordance with the practice of the Federal courts under
the Classified Information Procedures Act (18 U.S.C. App.).
``(c) Matters To Be Established at Pretrial Conference.--
``(1) Timing of subsequent actions.--At the pretrial
conference, the military judge shall establish the timing of--
``(A) requests for discovery;
``(B) the provision of notice required by section
949p-5 of this title; and
``(C) the initiation of the procedure established
by section 949p-6 of this title.
``(2) Other matters.--At the pretrial conference, the
military judge may also consider any matter--
``(A) which relates to classified information; or
``(B) which may promote a fair and expeditious
trial.
``(d) Effect of Admissions by Accused at Pretrial Conference.--No
admission made by the accused or by any counsel for the accused at a
pretrial conference under this section may be used against the accused
unless the admission is in writing and is signed by the accused and by
the counsel for the accused.
``Sec. 949p-3. Protective orders
``Upon motion of the trial counsel, the military judge shall issue
an order to protect against the disclosure of any classified
information that has been disclosed by the United States to any accused
in any military commission under this chapter or that has otherwise
been provided to, or obtained by, any such accused in any such military
commission.
``Sec. 949p-4. Discovery of, and access to, classified information by
the accused
``(a) Limitations on Discovery or Access by the Accused.--
``(1) Declarations by the united states of damage to
national security.--In any case before a military commission in
which the United States seeks to delete, withhold, or otherwise
obtain other relief with respect to the discovery of or access
to any classified information, the trial counsel shall submit a
declaration invoking the United States' classified information
privilege and setting forth the damage to the national security
that the discovery of or access to such information reasonably
could be expected to cause. The declaration shall be signed by
a knowledgeable United States official possessing authority to
classify information.
``(2) Standard for authorization of discovery or access.--
Upon the submission of a declaration under paragraph (1), the
military judge shall not authorize the discovery of or access
to such classified information unless the military judge
determines that such classified information would be
noncumulative, relevant, and helpful to a legally cognizable
defense, rebuttal of the prosecution's case, or to sentencing,
in accordance with standards generally applicable to discovery
of or access to classified information in Federal criminal
cases. If the discovery of or access to such classified
information is authorized, it shall be addressed in accordance
with the requirements of subsection (b).
``(b) Discovery of Classified Information.--
``(1) Substitutions and other relief.--The military judge,
in assessing the accused's discovery of or access to classified
information under this section, may authorize the United
States--
``(A) to delete or withhold specified items of
classified information;
``(B) to substitute a summary for classified
information; or
``(C) to substitute a statement admitting relevant
facts that the classified information or material would
tend to prove.
``(2) Ex parte presentations.--The military judge shall
permit the trial counsel to make a request for an authorization
under paragraph (1) in the form of an ex parte presentation to
the extent necessary to protect classified information, in
accordance with the practice of the Federal courts under the
Classified Information Procedures Act (18 U.S.C. App.). If the
military judge enters an order granting relief following such
an ex parte showing, the entire text of the written submission
shall be sealed and preserved in the records of the military
commission to be made available to the appellate court in the
event of an appeal.
``(3) Action by military judge.--The military judge shall
grant the request of the trial counsel to substitute a summary
or to substitute a statement admitting relevant facts, or to
provide other relief in accordance with paragraph (1), if the
military judge finds that the summary, statement, or other
relief would provide the accused with substantially the same
ability to make a defense as would discovery of or access to
the specific classified information.
``(c) Reconsideration.--An order of a military judge authorizing a
request of the trial counsel to substitute, summarize, withhold, or
prevent access to classified information under this section is not
subject to a motion for reconsideration by the accused, if such order
was entered pursuant to an ex parte showing under this section.
``Sec. 949p-5. Notice by accused of intention to disclose classified
information
``(a) Notice by Accused.--
``(1) Notification of trial counsel and military judge.--If
an accused reasonably expects to disclose, or to cause the
disclosure of, classified information in any manner in
connection with any trial or pretrial proceeding involving the
prosecution of such accused, the accused shall, within the time
specified by the military judge or, where no time is specified,
within 30 days before trial, notify the trial counsel and the
military judge in writing. Such notice shall include a brief
description of the classified information. Whenever the accused
learns of additional classified information the accused
reasonably expects to disclose, or to cause the disclosure of,
at any such proceeding, the accused shall notify trial counsel
and the military judge in writing as soon as possible
thereafter and shall include a brief description of the
classified information.
``(2) Limitation on disclosure by accused.--No accused
shall disclose, or cause the disclosure of, any information
known or believed to be classified in connection with a trial
or pretrial proceeding until--
``(A) notice has been given under paragraph (1);
and
``(B) the United States has been afforded a
reasonable opportunity to seek a determination pursuant
to the procedure set forth in section 949p-6 of this
title and the time for the United States to appeal such
determination under section 950d of this title has
expired or any appeal under that section by the United
States is decided.
``(b) Failure To Comply.--If the accused fails to comply with the
requirements of subsection (a), the military judge--
``(1) may preclude disclosure of any classified information
not made the subject of notification; and
``(2) may prohibit the examination by the accused of any
witness with respect to any such information.
``Sec. 949p-6. Procedure for cases involving classified information
``(a) Motion for Hearing.--
``(1) Request for hearing.--Within the time specified by
the military judge for the filing of a motion under this
section, either party may request the military judge to conduct
a hearing to make all determinations concerning the use,
relevance, or admissibility of classified information that
would otherwise be made during the trial or pretrial
proceeding.
``(2) Conduct of hearing.--Upon a request by either party
under paragraph (1), the military judge shall conduct such a
hearing and shall rule prior to conducting any further
proceedings.
``(3) In camera hearing upon declaration to court by
appropriate official of risk of disclosure of classified
information.--Any hearing held pursuant to this subsection (or
any portion of such hearing specified in the request of a
knowledgeable United States official) shall be held in camera
if a knowledgeable United States official possessing authority
to classify information submits to the military judge a
declaration that a public proceeding may result in the
disclosure of classified information. Classified information is
not subject to disclosure under this section unless the
information is relevant and necessary to an element of the
offense or a legally cognizable defense and is otherwise
admissible in evidence.
``(4) Military judge to make determinations in writing.--As
to each item of classified information, the military judge
shall set forth in writing the basis for the determination.
``(b) Notice and Use of Classified Information by the Government.--
``(1) Notice to accused.--Before any hearing is conducted
pursuant to a request by the trial counsel under subsection
(a), trial counsel shall provide the accused with notice of the
classified information that is at issue. Such notice shall
identify the specific classified information at issue whenever
that information previously has been made available to the
accused by the United States. When the United States has not
previously made the information available to the accused in
connection with the case the information may be described by
generic category, in such forms as the military judge may
approve, rather than by identification of the specific
information of concern to the United States.
``(2) Order by military judge upon request of accused.--
Whenever the trial counsel requests a hearing under subsection
(a), the military judge, upon request of the accused, may order
the trial counsel to provide the accused, prior to trial, such
details as to the portion of the charge or specification at
issue in the hearing as are needed to give the accused fair
notice to prepare for the hearing.
``(c) Substitutions.--
``(1) In camera pretrial hearing.--Upon request of the
trial counsel pursuant to the Military Commission Rules of
Evidence, and in accordance with the security procedures
established by the military judge, the military judge shall
conduct a classified in camera pretrial hearing concerning the
admissibility of classified information.
``(2) Protection of sources, methods, and activities by
which evidence acquired.--The military judge shall permit the
trial counsel to introduce otherwise admissible evidence,
including a substituted evidentiary foundation pursuant to the
procedures described in subsection (d), before a military
commission while protecting from disclosure the sources,
methods, or activities by which the United States acquired the
evidence if the military judge finds that the sources, methods,
or activities are classified, the evidence is reliable, and the
redaction is consistent with affording the accused a fair
trial.
``(d) Alternative Procedure for Disclosure of Classified
Information.--
``(1) Motion by the united states.--Upon any determination
by the military judge authorizing the disclosure of specific
classified information under the procedures established by this
section, the trial counsel may move that, in lieu of the
disclosure of such specific classified information, the
military judge order--
``(A) the substitution for such classified
information of a statement admitting relevant facts
that the specific classified information would tend to
prove;
``(B) the substitution for such classified
information of a summary of the specific classified
information; or
``(C) any other procedure or redaction limiting the
disclosure of specific classified information.
``(2) Action on motion.--The military judge shall grant
such a motion of the trial counsel if the military judge finds
that the statement, summary, or other procedure or redaction
will provide the defendant with substantially the same ability
to make his defense as would disclosure of the specific
classified information.
``(3) Hearing on motion.--The military judge shall hold a
hearing on any motion under this subsection. Any such hearing
shall be held in camera at the request of a knowledgeable
United States official possessing authority to classify
information.
``(4) Submission of statement of damage to national
security if disclosure ordered.--The trial counsel may, in
connection with a motion under paragraph (1), submit to the
military judge a declaration signed by a knowledgeable United
States official possessing authority to classify information
certifying that disclosure of classified information would
cause identifiable damage to the national security of the
United States and explaining the basis for the classification
of such information. If so requested by the trial counsel, the
military judge shall examine such declaration during an ex
parte presentation.
``(e) Sealing of Records of in Camera Hearings.--If at the close of
an in camera hearing under this section (or any portion of a hearing
under this section that is held in camera), the military judge
determines that the classified information at issue may not be
disclosed or elicited at the trial or pretrial proceeding, the record
of such in camera hearing shall be sealed and preserved for use in the
event of an appeal. The accused may seek reconsideration of the
military judge's determination prior to or during trial.
``(f) Prohibition on Disclosure of Classified Information by the
Accused; Relief for Accused When the United States Opposes
Disclosure.--
``(1) Order to prevent disclosure by accused.--Whenever the
military judge denies a motion by the trial counsel that the
judge issue an order under subsection (a), (c), or (d) and the
trial counsel files with the military judge a declaration
signed by a knowledgeable United States official possessing
authority to classify information objecting to disclosure of
the classified information at issue, the military judge shall
order that the accused not disclose or cause the disclosure of
such information.
``(2) Result of order under paragraph (1).--Whenever an
accused is prevented by an order under paragraph (1) from
disclosing or causing the disclosure of classified information,
the military judge shall dismiss the case; except that, when
the military judge determines that the interests of justice
would not be served by dismissal of the case, the military
judge shall order such other action, in lieu of dismissing the
charge or specification, as the military judge determines is
appropriate. Such action may include, but need not be limited
to, the following:
``(A) Dismissing specified charges or
specifications.
``(B) Finding against the United States on any
issue as to which the excluded classified information
relates.
``(C) Striking or precluding all or part of the
testimony of a witness.
``(3) Time for the united states to seek interlocutory
appeal.--An order under paragraph (2) shall not take effect
until the military judge has afforded the United States--
``(A) an opportunity to appeal such order under
section 950d of this title; and
``(B) an opportunity thereafter to withdraw its
objection to the disclosure of the classified
information at issue.
``(g) Reciprocity.--
``(1) Disclosure of rebuttal information.--Whenever the
military judge determines that classified information may be
disclosed in connection with a trial or pretrial proceeding,
the military judge shall, unless the interests of fairness do
not so require, order the United States to provide the accused
with the information it expects to use to rebut the classified
information. The military judge may place the United States
under a continuing duty to disclose such rebuttal information.
``(2) Sanction for failure to comply.--If the United States
fails to comply with its obligation under this subsection, the
military judge--
``(A) may exclude any evidence not made the subject
of a required disclosure; and
``(B) may prohibit the examination by the United
States of any witness with respect to such information.
``Sec. 949p-7. Introduction of classified information into evidence
``(a) Preservation of Classification Status.--Writings, recordings,
and photographs containing classified information may be admitted into
evidence in proceedings of military commissions under this chapter
without change in their classification status.
``(b) Precautions by Military Judges.--
``(1) Precautions in admitting classified information into
evidence.--The military judge in a trial by military
commission, in order to prevent unnecessary disclosure of
classified information, may order admission into evidence of
only part of a writing, recording, or photograph, or may order
admission into evidence of the whole writing, recording, or
photograph with excision of some or all of the classified
information contained therein, unless the whole ought in
fairness be considered.
``(2) Classified information kept under seal.--The military
judge shall allow classified information offered or accepted
into evidence to remain under seal during the trial, even if
such evidence is disclosed in the military commission, and may,
upon motion by the Government, seal exhibits containing
classified information for any period after trial as necessary
to prevent a disclosure of classified information when a
knowledgeable United States official possessing authority to
classify information submits to the military judge a
declaration setting forth the damage to the national security
that the disclosure of such information reasonably could be
expected to cause.
``(c) Taking of Testimony.--
``(1) Objection by trial counsel.--During the examination
of a witness, trial counsel may object to any question or line
of inquiry that may require the witness to disclose classified
information not previously found to be admissible.
``(2) Action by military judge.--Following an objection
under paragraph (1), the military judge shall take such
suitable action to determine whether the response is admissible
as will safeguard against the compromise of any classified
information. Such action may include requiring trial counsel to
provide the military judge with a proffer of the witness'
response to the question or line of inquiry and requiring the
accused to provide the military judge with a proffer of the
nature of the information sought to be elicited by the accused.
Upon request, the military judge may accept an ex parte proffer
by trial counsel to the extent necessary to protect classified
information from disclosure, in accordance with the practice of
the Federal courts under the Classified Information Procedures
Act (18 U.S.C. App.).
``(d) Disclosure at Trial of Certain Statements Previously Made by
a Witness.--
``(1) Motion for production of statements in possession of
the united states.--After a witness called by the trial counsel
has testified on direct examination, the military judge, on
motion of the accused, may order production of statements of
the witness in the possession of the United States which relate
to the subject matter as to which the witness has testified.
This paragraph does not preclude discovery or assertion of a
privilege otherwise authorized.
``(2) Invocation of privilege by the united states.--If the
United States invokes a privilege, the trial counsel may
provide the prior statements of the witness to the military
judge during an ex parte presentation to the extent necessary
to protect classified information from disclosure, in
accordance with the practice of the Federal courts under the
Classified Information Procedures Act (18 U.S.C. App.).
``(3) Action by military judge on motion.--If the military
judge finds that disclosure of any portion of the statement
identified by the United States as classified would be
detrimental to the national security in the degree to warrant
classification under the applicable Executive Order, statute,
or regulation, that such portion of the statement is consistent
with the testimony of the witness, and that the disclosure of
such portion is not necessary to afford the accused a fair
trial, the military judge shall excise that portion from the
statement. If the military judge finds that such portion of the
statement is inconsistent with the testimony of the witness or
that its disclosure is necessary to afford the accused a fair
trial, the military judge, shall, upon the request of the trial
counsel, review alternatives to disclosure in accordance with
section 949p-6(d) of this title.
``SUBCHAPTER VI--SENTENCES
``Sec.
``949s. Cruel or unusual punishments prohibited.
``949t. Maximum limits.
``949u. Execution of confinement.
``Sec. 949s. Cruel or unusual punishments prohibited
``Punishment by flogging, or by branding, marking, or tattooing on
the body, or any other cruel or unusual punishment, may not be adjudged
by a military commission under this chapter or inflicted under this
chapter upon any person subject to this chapter. The use of irons,
single or double, except for the purpose of safe custody, is prohibited
under this chapter.
``Sec. 949t. Maximum limits
``The punishment which a military commission under this chapter may
direct for an offense may not exceed such limits as the President or
Secretary of Defense may prescribe for that offense.
``Sec. 949u. Execution of confinement
``(a) In General.--Under such regulations as the Secretary of
Defense may prescribe, a sentence of confinement adjudged by a military
commission under this chapter may be carried into execution by
confinement--
``(1) in any place of confinement under the control of any
of the armed forces; or
``(2) in any penal or correctional institution under the
control of the United States or its allies, or which the United
States may be allowed to use.
``(b) Treatment During Confinement by Other Than the Armed
Forces.--Persons confined under subsection (a)(2) in a penal or
correctional institution not under the control of an armed force are
subject to the same discipline and treatment as persons confined or
committed by the courts of the United States or of the State, District
of Columbia, or place in which the institution is situated.
``SUBCHAPTER VII--POST-TRIAL PROCEDURE AND REVIEW OF MILITARY
COMMISSIONS
``Sec.
``950a. Error of law; lesser included offense.
``950b. Review by the convening authority.
``950c. Appellate referral; waiver or withdrawal of appeal.
``950d. Interlocutory appeals by the United States.
``950e. Rehearings.
``950f. Review by United States Court of Appeals for the Armed Forces
and Supreme Court.
``950g. Appellate counsel.
``950h. Execution of sentence; suspension of sentence.
``950i. Finality of proceedings, findings, and sentences.
``Sec. 950a. Error of law; lesser included offense
``(a) Error of Law.--A finding or sentence of a military commission
under this chapter may not be held incorrect on the ground of an error
of law unless the error materially prejudices the substantial rights of
the accused.
``(b) Lesser Included Offense.--Any reviewing authority with the
power to approve or affirm a finding of guilty by a military commission
under this chapter may approve or affirm, instead, so much of the
finding as includes a lesser included offense.
``Sec. 950b. Review by the convening authority
``(a) Notice to Convening Authority of Findings and Sentence.--The
findings and sentence of a military commission under this chapter shall
be reported in writing promptly to the convening authority after the
announcement of the sentence.
``(b) Submittal of Matters by Accused to Convening Authority.--(1)
The accused may submit to the convening authority matters for
consideration by the convening authority with respect to the findings
and the sentence of the military commission under this chapter.
``(2)(A) Except as provided in subparagraph (B), a submittal under
paragraph (1) shall be made in writing within 20 days after accused has
been give an authenticated record of trial under section 949o(c) of
this title.
``(B) If the accused shows that additional time is required for the
accused to make a submittal under paragraph (1), the convening
authority may, for good cause, extend the applicable period under
subparagraph (A) for not more than an additional 20 days.
``(3) The accused may waive his right to make a submittal to the
convening authority under paragraph (1). Such a waiver shall be made in
writing, and may not be revoked. For the purposes of subsection (c)(2),
the time within which the accused may make a submittal under this
subsection shall be deemed to have expired upon the submittal of a
waiver under this paragraph to the convening authority.
``(c) Action by Convening Authority.--(1) The authority under this
subsection to modify the findings and sentence of a military commission
under this chapter is a matter of the sole discretion and prerogative
of the convening authority.
``(2) The convening authority is not required to take action on the
findings of a military commission under this chapter. If the convening
authority takes action on the findings, the convening authority may, in
his sole discretion, only--
``(A) dismiss any charge or specification by setting aside
a finding of guilty thereto; or
``(B) change a finding of guilty to a charge to a finding
of guilty to an offense that is a lesser included offense of
the offense stated in the charge.
``(3)(A) The convening authority shall take action on the sentence
of a military commission under this chapter.
``(B) Subject to regulations prescribed by the Secretary of
Defense, action under this paragraph may be taken only after
consideration of any matters submitted by the accused under subsection
(b) or after the time for submitting such matters expires, whichever is
earlier.
``(C) In taking action under this paragraph, the convening
authority may, in his sole discretion, approve, disapprove, commute, or
suspend the sentence in whole or in part. The convening authority may
not increase a sentence beyond that which is found by the military
commission.
``(4) The convening authority shall serve on the accused or on
defense counsel notice of any action taken by the convening authority
under this subsection.
``(d) Order of Revision or Rehearing.--(1) Subject to paragraphs
(2) and (3), the convening authority of a military commission under
this chapter may, in his sole discretion, order a proceeding in
revision or a rehearing.
``(2)(A) Except as provided in subparagraph (B), a proceeding in
revision may be ordered by the convening authority if--
``(i) there is an apparent error or omission in the record;
or
``(ii) the record shows improper or inconsistent action by
the military commission with respect to the findings or
sentence that can be rectified without material prejudice to
the substantial rights of the accused.
``(B) In no case may a proceeding in revision--
``(i) reconsider a finding of not guilty of a specification
or a ruling which amounts to a finding of not guilty;
``(ii) reconsider a finding of not guilty of any charge,
unless there has been a finding of guilty under a specification
laid under that charge, which sufficiently alleges a violation;
or
``(iii) increase the severity of the sentence unless the
sentence prescribed for the offense is mandatory.
``(3) A rehearing may be ordered by the convening authority if the
convening authority disapproves the findings and sentence and states
the reasons for disapproval of the findings. If the convening authority
disapproves the finding and sentence and does not order a rehearing,
the convening authority shall dismiss the charges. A rehearing as to
the findings may not be ordered by the convening authority when there
is a lack of sufficient evidence in the record to support the findings.
A rehearing as to the sentence may be ordered by the convening
authority if the convening authority disapproves the sentence.
``Sec. 950c. Appellate referral; waiver or withdrawal of appeal
``(a) Automatic Referral for Appellate Review.--Except as provided
in subsection (b), in each case in which the final decision of a
military commission under this chapter (as approved by the convening
authority) includes a finding of guilty, the convening authority shall
refer the case to the United States Court of Appeals for the Armed
Forces. Any such referral shall be made in accordance with procedures
prescribed under regulations of the Secretary.
``(b) Waiver of Right of Review.--(1) Except in a case in which the
sentence as approved under section 950b of this title extends to death,
an accused may file with the convening authority a statement expressly
waiving the right of the accused to appellate review by the United
States Court of Appeals for the Armed Forces under section 950f(a) of
this title of the final decision of the military commission under this
chapter.
``(2) A waiver under paragraph (1) shall be signed by both the
accused and a defense counsel.
``(3) A waiver under paragraph (1) must be filed, if at all, within
10 days after notice of the action is served on the accused or on
defense counsel under section 950b(c)(4) of this title. The convening
authority, for good cause, may extend the period for such filing by not
more than 30 days.
``(c) Withdrawal of Appeal.--Except in a case in which the sentence
as approved under section 950b of this title extends to death, the
accused may withdraw an appeal at any time.
``(d) Effect of Waiver or Withdrawal.--A waiver of the right to
appellate review or the withdrawal of an appeal under this section bars
review under section 950f of this title.
``Sec. 950d. Interlocutory appeals by the United States
``(a) Interlocutory Appeal.--Except as provided in subsection (b),
in a trial by military commission under this chapter, the United States
may take an interlocutory appeal to the United States Court of Appeals
for the Armed Forces under section 950f of this title of any order or
ruling of the military judge--
``(1) that terminates proceedings of the military
commission with respect to a charge or specification;
``(2) that excludes evidence that is substantial proof of a
fact material in the proceeding;
``(3) that relates to a matter under subsection (c) or (d)
of section 949d of this title; or
``(4) that, with respect to classified information--
``(A) authorizes the disclosure of such
information;
``(B) imposes sanctions for nondisclosure of such
information; or
``(C) refuses a protective order sought by the
United States to prevent the disclosure of such
information.
``(b) Limitation.--The United States may not appeal under
subsection (a) an order or ruling that is, or amounts to, a finding of
not guilty by the military commission with respect to a charge or
specification.
``(c) Scope of Appeal Right With Respect to Classified
Information.--The United States has the right to appeal under paragraph
(4) of subsection (a) whenever the military judge enters an order or
ruling that would require the disclosure of classified information,
without regard to whether the order or ruling appealed from was entered
under this chapter, another provision of law, a rule, or otherwise. Any
such appeal may embrace any preceding order, ruling, or reasoning
constituting the basis of the order or ruling that would authorize such
disclosure.
``(d) Timing and Action on Interlocutory Appeals Relating to
Classified Information.--
``(1) Appeal to be expedited.--An appeal taken pursuant to
paragraph (4) of subsection (a) shall be expedited by the
United States Court of Appeals for the Armed Forces.
``(2) Appeals before trial.--If such an appeal is taken
before trial, the appeal shall be taken within 10 days after
the order or ruling appealed from and the trial shall not
commence until the appeal is decided.
``(3) Appeals during trial.--If such an appeal is taken
during trial, the military judge shall adjourn the trial until
the appeal is decided, and the court of appeals--
``(A) shall hear argument on such appeal within 4
days of the adjournment of the trial (excluding
weekends and holidays);
``(B) may dispense with written briefs other than
the supporting materials previously submitted to the
military judge;
``(C) shall render its decision within four days of
argument on appeal (excluding weekends and holidays);
and
``(D) may dispense with the issuance of a written
opinion in rendering its decision.
``(e) Notice and Timing of Other Appeals.--The United States shall
take an appeal of an order or ruling under subsection (a), other than
an appeal under paragraph (4) of that subsection, by filing a notice of
appeal with the military judge within 5 days after the date of the
order or ruling.
``(f) Method of Appeal.--An appeal under this section shall be
forwarded, by means specified in regulations prescribed by the
Secretary of Defense, directly to the United States Court of Appeals
for the Armed Forces.
``(g) Appeals Court To Act Only With Respect to Matter of Law.--In
ruling on an appeal under paragraph (1), (2), or (3) of subsection (a),
the appeals court may act only with respect to matters of law.
``(h) Subsequent Appeal Rights of Accused Not Affected.--An appeal
under paragraph (4) of subsection (a), and a decision on such appeal,
shall not affect the right of the accused, in a subsequent appeal from
a judgment of conviction, to claim as error reversal by the military
judge on remand of a ruling appealed from during trial.
``Sec. 950e. Rehearings
``(a) Composition of Military Commission for Rehearing.--Each
rehearing under this chapter shall take place before a military
commission under this chapter composed of members who were not members
of the military commission which first heard the case.
``(b) Scope of Rehearing.--(1) Upon a rehearing--
``(A) the accused may not be tried for any offense of which
he was found not guilty by the first military commission; and
``(B) no sentence in excess of or more than the original
sentence may be imposed unless--
``(i) the sentence is based upon a finding of
guilty of an offense not considered upon the merits in
the original proceedings; or
``(ii) the sentence prescribed for the offense is
mandatory.
``(2) Upon a rehearing, if the sentence approved after the first
military commission was in accordance with a pretrial agreement and the
accused at the rehearing changes his plea with respect to the charges
or specifications upon which the pretrial agreement was based, or
otherwise does not comply with pretrial agreement, the sentence as to
those charges or specifications may include any punishment not in
excess of that lawfully adjudged at the first military commission.
``Sec. 950f. Review by United States Court of Appeals for the Armed
Forces and Supreme Court
``(a) Review by United States Court of Appeals for the Armed
Forces.--(1) Subject to the provisions of this subsection, the United
States Court of Appeals for the Armed Forces shall have exclusive
jurisdiction to determine the final validity of any judgment rendered
by a military commission under this chapter.
``(2) In any case referred to it pursuant to section 950c(a) of
this title, the United States Court of Appeals for the Armed Forces may
act only with respect to the findings and sentence as approved by the
convening authority. It may affirm only such findings of guilty, and
the sentence or such part or amount of the sentence, as it finds
correct in law and fact and determines, on the basis of the entire
record, should be approved. In considering the record, it may weigh the
evidence, judge the credibility of witnesses, and determine
controverted questions of fact, recognizing that the trial court saw
and heard the witnesses.
``(3) If the United States Court of Appeals for the Armed Forces
sets aside the findings and sentence, it may, except where the setting
aside is based on lack of sufficient evidence in the record to support
the findings, order a rehearing. If it sets aside the findings and
sentence and does not order a rehearing, it shall order that the
charges be dismissed.
``(b) Review by Supreme Court.--The Supreme Court of the United
States may review by writ of certiorari pursuant to section 1257 of
title 28 the final judgment of the United States Court of Appeals for
the Armed Forces in a determination under subsection (a).
``Sec. 950g. Appellate counsel
``(a) Appointment.--The Secretary of Defense shall, by regulation,
establish procedures for the appointment of appellate counsel for the
United States and for the accused in military commissions under this
chapter. Appellate counsel shall meet the qualifications of counsel for
appearing before military commissions under this chapter.
``(b) Representation of United States.--Appellate counsel may
represent the United States in any appeal or review proceeding under
this chapter. Appellate Government counsel may represent the United
States before the Supreme Court in case arising under this chapter when
requested to do so by the Attorney General.
``(c) Representation of Accused.--The accused shall be represented
before the United States Court of Appeals for the Armed Forces or the
Supreme Court by military appellate counsel, or by civilian counsel if
retained by him.
``Sec. 950h. Execution of sentence; suspension of sentence
``(a) Execution of Sentence of Death Only Upon Approval by the
President.--If the sentence of a military commission under this chapter
extends to death, that part of the sentence providing for death may not
be executed until approved by the President. In such a case, the
President may commute, remit, or suspend the sentence, or any part
thereof, as he sees fit.
``(b) Execution of Sentence of Death Only Upon Final Judgment of
Legality of Proceedings.--(1) If the sentence of a military commission
under this chapter extends to death, the sentence may not be executed
until there is a final judgement as to the legality of the proceedings
(and with respect to death, approval under subsection (a)).
``(2) A judgement as to legality of proceedings is final for
purposes of paragraph (1) when review is completed in accordance with
the judgment of the United States Court of Appeals for the Armed Forces
and (A) a petition for a writ of certiorari is not timely filed, (B)
such a petition is denied by the Supreme Court, or (C) review is
otherwise completed in accordance with the judgment of the Supreme
Court.
``(c) Suspension of Sentence.--The Secretary of the Defense, or the
convening authority acting on the case (if other than the Secretary),
may suspend the execution of any sentence or part thereof in the case.
``Sec. 950i. Finality of proceedings, findings, and sentences
``The appellate review of records of trial provided by this
chapter, and the proceedings, findings, and sentences of military
commissions as approved, reviewed, or affirmed as required by this
chapter, are final and conclusive. Orders publishing the proceedings of
military commissions under this chapter are binding upon all
departments, courts, agencies, and officers of the United States,
subject only to action by the Secretary or the convening authority as
provided in section 950h(c) of this title and the authority of the
President.
``SUBCHAPTER VIII--PUNITIVE MATTERS
``Sec. 950p. Definitions; construction of certain offenses; common
circumstances
``(a) Definitions.--In this subchapter:
``(1) The term `military objective' means combatants and
those objects during an armed conflict which, by their nature,
location, purpose, or use, effectively contribute to the war-
fighting or war-sustaining capability of an opposing force and
whose total or partial destruction, capture, or neutralization
would constitute a definite military advantage to the attacker
under the circumstances at the time of an attack.
``(2) The term `protected person' means any person entitled
to protection under one or more of the Geneva Conventions,
including civilians not taking an active part in hostilities,
military personnel placed out of combat by sickness, wounds, or
detention, and military medical or religious personnel.
``(3) The term `protected property' means any property
specifically protected by the law of war, including buildings
dedicated to religion, education, art, science, or charitable
purposes, historic monuments, hospitals, and places where the
sick and wounded are collected, but only if and to the extent
such property is not being used for military purposes or is not
otherwise a military objective. The term includes objects
properly identified by one of the distinctive emblems of the
Geneva Conventions, but does not include civilian property that
is a military objective.
``(b) Construction of Certain Offenses.--The intent required for
offenses under paragraphs (1), (2), (3), (4), and (12) of section 950w
of this title precludes their applicability with regard to collateral
damage or to death, damage, or injury incident to a lawful attack.
``(c) Common Circumstances.--An offense specified in this
subchapter is triable by military commission under this chapter only if
the offense is committed in the context of and associated with armed
conflict.
``(d) Offenses Encompassed Under Law of War.--To the extent that
the provisions of this subchapter codify offenses that have
traditionally been triable under the law of war or otherwise triable by
military commission, this subchapter does not preclude trial for
offenses that occurred before the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2010.
``Sec. 950q. Principals
``Any person punishable under this chapter who--
``(1) commits an offense punishable by this chapter, or
aids, abets, counsels, commands, or procures its commission;
``(2) causes an act to be done which if directly performed
by him would be punishable by this chapter; or
``(3) is a superior commander who, with regard to acts
punishable by this chapter, knew, had reason to know, or should
have known, that a subordinate was about to commit such acts or
had done so and who failed to take the necessary and reasonable
measures to prevent such acts or to punish the perpetrators
thereof,
is a principal.
``Sec. 950r. Accessory after the fact
``Any person subject to this chapter who, knowing that an offense
punishable by this chapter has been committed, receives, comforts, or
assists the offender in order to hinder or prevent his apprehension,
trial, or punishment shall be punished as a military commission under
this chapter may direct.
``Sec. 950s. Conviction of lesser offenses
``An accused may be found guilty of an offense necessarily included
in the offense charged or of an attempt to commit either the offense
charged or an attempt to commit either the offense charged or an
offense necessarily included therein.
``Sec. 950t. Attempts
``(a) In General.--Any person subject to this chapter who attempts
to commit any offense punishable by this chapter shall be punished as a
military commission under this chapter may direct.
``(b) Scope of Offense.--An act, done with specific intent to
commit an offense under this chapter, amounting to more than mere
preparation and tending, even though failing, to effect its commission,
is an attempt to commit that offense.
``(c) Effect of Consummation.--Any person subject to this chapter
may be convicted of an attempt to commit an offense although it appears
on the trial that the offense was consummated.
``Sec. 950u. Conspiracy
``Any person subject to this chapter who conspires to commit one or
more substantive offenses triable by military commission under this
subchapter, and who knowingly does any overt act to effect the object
of the conspiracy, shall be punished, if death results to one or more
of the victims, by death or such other punishment as a military
commission under this chapter may direct, and, if death does not result
to any of the victims, by such punishment, other than death, as a
military commission under this chapter may direct.
``Sec. 950v. Solicitation
``Any person subject to this chapter who solicits or advises
another or others to commit one or more substantive offenses triable by
military commission under this chapter shall, if the offense solicited
or advised is attempted or committed, be punished with the punishment
provided for the commission of the offense, but, if the offense
solicited or advised is not committed or attempted, he shall be
punished as a military commission under this chapter may direct.
``Sec. 950w. Crimes triable by military commissions
``The following offenses shall be triable by military commission
under this chapter at any time without limitation:
``(1) Murder of protected persons.--Any person subject to
this chapter who intentionally kills one or more protected
persons shall be punished by death or such other punishment as
a military commission under this chapter may direct.
``(2) Attacking civilians.--Any person subject to this
chapter who intentionally engages in an attack upon a civilian
population as such, or individual civilians not taking active
part in hostilities, shall be punished, if death results to one
or more of the victims, by death or such other punishment as a
military commission under this chapter may direct, and, if
death does not result to any of the victims, by such
punishment, other than death, as a military commission under
this chapter may direct.
``(3) Attacking civilian objects.--Any person subject to
this chapter who intentionally engages in an attack upon a
civilian object that is not a military objective shall be
punished as a military commission under this chapter may
direct.
``(4) Attacking protected property.--Any person subject to
this chapter who intentionally engages in an attack upon
protected property shall be punished as a military commission
under this chapter may direct.
``(5) Pillaging.--Any person subject to this chapter who
intentionally and in the absence of military necessity
appropriates or seizes property for private or personal use,
without the consent of a person with authority to permit such
appropriation or seizure, shall be punished as a military
commission under this chapter may direct.
``(6) Denying quarter.--Any person subject to this chapter
who, with effective command or control over subordinate groups,
declares, orders, or otherwise indicates to those groups that
there shall be no survivors or surrender accepted, with the
intent to threaten an adversary or to conduct hostilities such
that there would be no survivors or surrender accepted, shall
be punished as a military commission under this chapter may
direct.
``(7) Taking hostages.--Any person subject to this chapter
who, having knowingly seized or detained one or more persons,
threatens to kill, injure, or continue to detain such person or
persons with the intent of compelling any nation, person other
than the hostage, or group of persons to act or refrain from
acting as an explicit or implicit condition for the safety or
release of such person or persons, shall be punished, if death
results to one or more of the victims, by death or such other
punishment as a military commission under this chapter may
direct, and, if death does not result to any of the victims, by
such punishment, other than death, as a military commission
under this chapter may direct.
``(8) Employing poison or similar weapons.--Any person
subject to this chapter who intentionally, as a method of
warfare, employs a substance or weapon that releases a
substance that causes death or serious and lasting damage to
health in the ordinary course of events, through its
asphyxiating, bacteriological, or toxic properties, shall be
punished, if death results to one or more of the victims, by
death or such other punishment as a military commission under
this chapter may direct, and, if death does not result to any
of the victims, by such punishment, other than death, as a
military commission under this chapter may direct.
``(9) Using protected persons as a shield.--Any person
subject to this chapter who positions, or otherwise takes
advantage of, a protected person with the intent to shield a
military objective from attack. or to shield, favor, or impede
military operations, shall be punished, if death results to one
or more of the victims, by death or such other punishment as a
military commission under this chapter may direct, and, if
death does not result to any of the victims, by such
punishment, other than death, as a military commission under
this chapter may direct.
``(10) Using protected property as a shield.--Any person
subject to this chapter who positions, or otherwise takes
advantage of the location of, protected property with the
intent to shield a military objective from attack, or to
shield, favor, or impede military operations, shall be punished
as a military commission under this chapter may direct.
``(11) Torture.--
``(A) Offense.--Any person subject to this chapter
who commits an act specifically intended to inflict
severe physical or mental pain or suffering (other than
pain or suffering incidental to lawful sanctions) upon
another person within his custody or physical control
for the purpose of obtaining information or a
confession, punishment, intimidation, coercion, or any
reason based on discrimination of any kind, shall be
punished, if death results to one or more of the
victims, by death or such other punishment as a
military commission under this chapter may direct, and,
if death does not result to any of the victims, by such
punishment, other than death, as a military commission
under this chapter may direct.
``(B) Severe mental pain or suffering defined.--In
this paragraph, the term `severe mental pain or
suffering' has the meaning given that term in section
2340(2) of title 18.
``(12) Cruel or inhuman treatment.--Any person subject to
this chapter who subjects another person in their custody or
under their physical control, regardless of nationality or
physical location, to cruel or inhuman treatment that
constitutes a grave breach of common Article 3 of the Geneva
Conventions shall be punished, if death results to the victim,
by death or such other punishment as a military commission
under this chapter may direct, and, if death does not result to
the victim, by such punishment, other than death, as a military
commission under this chapter may direct.
``(13) Intentionally causing serious bodily injury.--
``(A) Offense.--Any person subject to this chapter
who intentionally causes serious bodily injury to one
or more persons, including privileged belligerents, in
violation of the law of war shall be punished, if death
results to one or more of the victims, by death or such
other punishment as a military commission under this
chapter may direct, and, if death does not result to
any of the victims, by such punishment, other than
death, as a military commission under this chapter may
direct.
``(B) Serious bodily injury defined.--In this
paragraph, the term `serious bodily injury' means
bodily injury which involves--
``(i) a substantial risk of death;
``(ii) extreme physical pain;
``(iii) protracted and obvious
disfigurement; or
``(iv) protracted loss or impairment of the
function of a bodily member, organ, or mental
faculty.
``(14) Mutilating or maiming.--Any person subject to this
chapter who intentionally injures one or more protected persons
by disfiguring the person or persons by any mutilation of the
person or persons, or by permanently disabling any member,
limb, or organ of the body of the person or persons, without
any legitimate medical or dental purpose, shall be punished, if
death results to one or more of the victims, by death or such
other punishment as a military commission under this chapter
may direct, and, if death does not result to any of the
victims, by such punishment, other than death, as a military
commission under this chapter may direct.
``(15) Murder in violation of the law of war.--Any person
subject to this chapter who intentionally kills one or more
persons, including privileged belligerents, in violation of the
law of war shall be punished by death or such other punishment
as a military commission under this chapter may direct.
``(16) Destruction of property in violation of the law of
war.--Any person subject to this chapter who intentionally
destroys property belonging to another person in violation of
the law of war shall punished as a military commission under
this chapter may direct.
``(17) Using treachery or perfidy.--Any person subject to
this chapter who, after inviting the confidence or belief of
one or more persons that they were entitled to, or obliged to
accord, protection under the law of war, intentionally makes
use of that confidence or belief in killing, injuring, or
capturing such person or persons shall be punished, if death
results to one or more of the victims, by death or such other
punishment as a military commission under this chapter may
direct, and, if death does not result to any of the victims, by
such punishment, other than death, as a military commission
under this chapter may direct.
``(18) Improperly using a flag of truce.--Any person
subject to this chapter who uses a flag of truce to feign an
intention to negotiate, surrender, or otherwise suspend
hostilities when there is no such intention shall be punished
as a military commission under this chapter may direct.
``(19) Improperly using a distinctive emblem.--Any person
subject to this chapter who intentionally uses a distinctive
emblem recognized by the law of war for combatant purposes in a
manner prohibited by the law of war shall be punished as a
military commission under this chapter may direct.
``(20) Intentionally mistreating a dead body.--Any person
subject to this chapter who intentionally mistreats the body of
a dead person, without justification by legitimate military
necessary, shall be punished as a military commission under
this chapter may direct.
``(21) Rape.--Any person subject to this chapter who
forcibly or with coercion or threat of force wrongfully invades
the body of a person by penetrating, however slightly, the anal
or genital opening of the victim with any part of the body of
the accused, or with any foreign object, shall be punished as a
military commission under this chapter may direct.
``(22) Sexual assault or abuse.--Any person subject to this
chapter who forcibly or with coercion or threat of force
engages in sexual contact with one or more persons, or causes
one or more persons to engage in sexual contact, shall be
punished as a military commission under this chapter may direct
``(23) Hijacking or hazarding a vessel or aircraft.--Any
person subject to this chapter who intentionally seizes,
exercises unauthorized control over, or endangers the safe
navigation of a vessel or aircraft that is not a legitimate
military objective shall be punished, if death results to one
or more of the victims, by death or such other punishment as a
military commission under this chapter may direct, and, if
death does not result to any of the victims, by such
punishment, other than death, as a military commission under
this chapter may direct.
``(24) Terrorism.--Any person subject to this chapter who
intentionally kills or inflicts great bodily harm on one or
more protected persons, or intentionally engages in an act that
evinces a wanton disregard for human life, in a manner
calculated to influence or affect the conduct of government or
civilian population by intimidation or coercion, or to
retaliate against government conduct, shall be punished, if
death results to one or more of the victims, by death or such
other punishment as a military commission under this chapter
may direct, and, if death does not result to any of the
victims, by such punishment, other than death, as a military
commission under this chapter may direct.
``(25) Providing material support for terrorism.--
``(A) Offense.--Any person subject to this chapter
who provides material support or resources, knowing or
intending that they are to be used in preparation for,
or in carrying out, an act of terrorism (as set forth
in paragraph (23) of this section), or who
intentionally provides material support or resources to
an international terrorist organization engaged in
hostilities against the United States, knowing that
such organization has engaged or engages in terrorism
(as so set forth), shall be punished as a military
commission under this chapter may direct.
``(B) Material support or resources defined.--In
this paragraph, the term `material support or
resources' has the meaning given that term in section
2339A(b) of title 18.
``(26) Wrongfully aiding the enemy.--Any person subject to
this chapter who, in breach of an allegiance or duty to the
United States, knowingly and intentionally aids an enemy of the
United States, or one of the co-belligerents of the enemy,
shall be punished as a military commission under this chapter
may direct.
``(27) Spying.--Any person subject to this chapter who, in
violation of the law of war and with intent or reason to
believe that it is to be used to the injury of the United
States or to the advantage of a foreign power, collects or
attempts to collect information by clandestine means or while
acting under false pretenses, for the purpose of conveying such
information to an enemy of the United States, or one of the co-
belligerents of the enemy, shall be punished by death or such
other punishment as a military commission under this chapter
may direct.
``(28) Contempt.--A military commission under this chapter
may punish for contempt any person who uses any menacing word,
sign, or gesture in its presence, or who disturbs its
proceedings by any riot or disorder.
``(29) Perjury and obstruction of justice.--A military
commission under this chapter may try offenses and impose such
punishment as the military commission may direct for perjury,
false testimony, or obstruction of justice related to the
military commission.''.
(b) Conforming Amendment.--Paragraph (13) of section 802 of title
10, United States Code (article 2 of the Uniform Code of Military
Justice), is amended to read as follows:
``(13) Privileged belligerents (as that term is defined
section 948a(3) of this title) who violate the law of war.''.
(c) Proceedings Under Prior Statute.--
(1) Prior convictions.--The amendments made by subsection
(a) shall have no effect on the validity of any conviction
pursuant to chapter 47A of title 10, United States Code, as
such chapter was in effect on the day before the date of the
enactment of this Act.
(2) Composition of military commissions.--Notwithstanding
the amendments made by subsection (a)--
(A) any commission convened pursuant to chapter 47A
of title 10, United States Code, as such chapter was in
effect on the day before the date of the enactment of
this Act, shall be deemed to have been convened
pursuant to chapter 47A of title 10, United States
Code, as amended by subsection (a);
(B) any member of the Armed Forces detailed to
serve on a commission pursuant to chapter 47A of title
10, United States Code, as in effect on the day before
the date of the enactment of this Act, shall be deemed
to have been detailed pursuant to chapter 47A of title
10, United States Code, as so amended;
(C) any military judge detailed to a commission
pursuant to chapter 47A of title 10, United States
Code, as in effect on the day before the date of the
enactment of this Act, shall be deemed to have been
detailed pursuant to chapter 47A of title 10, United
States Code, as so amended;
(D) any trial counsel or defense counsel detailed
for a commission pursuant to chapter 47A of title 10,
United States Code, as in effect on the day before the
date of the enactment of this Act, shall be deemed to
have been detailed pursuant to chapter 47A of title 10,
United States Code, as so amended; and
(E) any court reporters detailed to or employed by
a commission pursuant to chapter 47A of title 10,
United States Code, as in effect on the day before the
date of the enactment of this Act, shall be deemed to
have been detailed or employed pursuant to chapter 47A
of title 10, United States Code, as so amended.
(3) Charges and specifications.--Notwithstanding the
amendments made by subsection (a)--
(A) any charges or specifications sworn or referred
pursuant to chapter 47A of title 10, United States
Code, as such chapter was in effect on the day before
the date of the enactment of this Act, shall be deemed
to have been sworn or referred pursuant to chapter 47A
of title 10, United States Code, as amended by
subsection (a); and
(B) any charges or specifications described in
subparagraph (A) may be amended, without prejudice, as
needed to properly allege jurisdiction under chapter
47A of title 10, United States Code, as so amended, and
crimes triable under such chapter.
(4) Procedures and requirements.--Except as provided in
paragraphs (1) through (3), any commission convened pursuant to
chapter 47A of title 10, United States Code, as such chapter
was in effect on the day before the date of the enactment of
this Act, shall be conducted after the date of the enactment of
this Act in accordance with the procedures and requirements of
chapter 47A of title 10, United States Code, as amended by
subsection (a).
(d) Notice to Congress.--
(1) Initial rules.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting for the
procedures for military commissions prescribed under chapter
47A of title 10, United States Code, as amended by subsection
(a).
(2) Changes to procedures.--Not later than 60 days before
the date on which any proposed modification of the regulations
in effect for military commissions under Chapter 47A of title
10, United States Code, as so amended, goes into effect, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report describing the modification.
SEC. 1032. TRIAL BY MILITARY COMMISSION OF ALIEN UNPRIVILEGED
BELLIGERENTS FOR VIOLATIONS OF THE LAW OF WAR.
(a) In General.--Subchapter I of chapter 47A of title 10, United
States Code, as amended by section 1031(a), is further amended by
adding at the end the following new section:
``Sec. 948e. Trial by military commission of alien unprivileged
belligerents for violations of the law of war
``(a) Sense of Congress.--It is the sense of Congress that the
preferred forum for the trial of alien unprivileged enemy belligerents
subject to this chapter for violations of the law of war and other
offenses made punishable by this chapter is trial by military
commission under this chapter.''
(b) Clerical Amendment.--The table of sections of the beginning of
such subchapter, as amended by section 1031(a), is further amended by
adding after the item relating to section 948d the following new item:
``948e. Trial by military commission of alien unprivileged belligerents
for violations of the law of war.''.
SEC. 1033. NO MIRANDA WARNINGS FOR AL QAEDA TERRORISTS.
(a) Definitions.--In this section--
(1) the term ``foreign national'' means an individual who
is not a citizen or national of the United States; and
(2) the term ``enemy combatant'' includes a privileged
belligerent and an unprivileged enemy belligerent, as those
terms are defined in section 948a of title 10, United States
Code, as amended by section 1031 of this Act.
(b) No Miranda Warnings.--Absent an unappealable court order
requiring the reading of such statements, no military or intelligence
agency or department of the United States shall read to a foreign
national who is captured or detained as an enemy combatant by the
United States the statement required by Miranda v. Arizona, 384 U.S.
436 (1966), or otherwise inform such a prisoner of any rights that the
prisoner may or may not have to counsel or to remain silent consistent
with Miranda v. Arizona, 384 U.S. 436 (1966). No Federal statute,
regulation, or treaty shall be construed to require that a foreign
national who is captured or detained as an enemy combatant by the
United States be informed of any rights to counsel or remain silent
consistent with Miranda v. Arizona, 384 U.S. 436 (1966) that the
prisoner may or may not have, except as required by the United States
Constitution. No statement that is made by a foreign national who is
captured or detained as an enemy combatant by the United States may be
excluded from any proceeding on the basis that the prisoner was not
informed of a right to counsel or to remain silent, that the prisoner
may or may not have, unless required by the United States Constitution.
(c) In General.--This section shall not apply to the Department of
Justice.
Subtitle E--Medical Facility Matters
SEC. 1041. SHORT TITLE.
This subtitle may be cited as the ``Captain James A. Lovell Federal
Health Care Center Act of 2009''.
SEC. 1042. EXECUTIVE AGREEMENT.
(a) Executive Agreement Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of the Navy, and the Secretary of
Veterans Affairs shall execute a signed executive agreement for the
joint use by the Department of Defense and the Department of Veterans
Affairs of the following:
(1) A new Navy ambulatory care center (on which
construction commenced in July 2008), parking structure, and
supporting structures and facilities in North Chicago,
Illinois, and Great Lakes, Illinois.
(2) Medical personal property and equipment relating to the
center, structures, and facilities described in paragraph (1).
(b) Scope.--The agreement required by subsection (a) shall--
(1) be a binding operational agreement on matters under the
areas specified in section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4500); and
(2) contain additional terms and conditions as required by
the provisions of this title.
SEC. 1043. TRANSFER OF PROPERTY.
(a) Transfer.--
(1) Transfer authorized.--The Secretary of Defense, acting
through the Administrator of General Services, may transfer,
without reimbursement, to the Secretary of Veterans Affairs
jurisdiction over the center, structures, facilities, and
property and equipment covered by the executive agreement under
section 1042.
(2) Date of transfer.--The transfer authorized by paragraph
(1) may not occur before the earlier of--
(A) the date that is five years after the date of
the execution under section 1042 of the executive
agreement required by that section; or
(B) the date of the completion of such specific
benchmarks relating to the joint use by the Department
of Defense and the Department of Veterans Affairs of
the Navy ambulatory care center described in section
1042(a)(1) as the Secretary of Defense (in consultation
with the Secretary of the Navy) and Secretary of the
Department of Veterans Affairs shall jointly establish
for purposes of this section not later than 180 days
after the date of the enactment of this Act.
(3) Delay of transfer for completion of construction.--If
construction on the center, structures, and facilities
described in paragraph (1) is not complete as of the date
specified in subparagraph (A) or (B) of that paragraph, as
applicable, the transfer of the center, structures, and
facilities under that paragraph may occur thereafter upon
completion of the construction.
(4) Discharge of transfer.--The Administrator of General
Services shall effectualize and memorialize the transfer as
authorized by this subsection not later than 30 days after
receipt of the request for the transfer.
(5) Designation of facility.--The center, structures,
facilities transferred under this subsection shall be
designated and known after transfer under this subsection as
the ``Captain James A. Lovell Federal Health Care Center''.
(b) Reversion.--
(1) In general.--If any of the real and related personal
property transferred pursuant to subsection (a) is subsequently
used for purposes other than those specified in the executive
agreement required by section 1042, or is otherwise jointly
determined by the Secretary of Defense and the Secretary of
Veterans Affairs to be excess to the needs of the Captain James
A. Lovell Federal Health Care Center, the Secretary of Veterans
Affairs shall offer to transfer jurisdiction over such
property, without reimbursement, to the Secretary of Defense.
Any such transfer shall be carried out by the Administrator of
General Services not later than one year after the acceptance
of the offer of such transfer, plus such additional time as the
Administrator may require to effectuate and memorialize such
transfer.
(2) Reversion in event of lack of facilities integration.--
(A) Within initial period.--During the five-year
period beginning on the date of the transfer of real
and related personal property pursuant to subsection
(a), if the Secretary of Veterans Affairs, the
Secretary of Defense, and the Secretary of Navy jointly
determine that the integration of the facilities
transferred pursuant to that subsection should not
continue, jurisdiction over such real and related
personal property shall be transferred, without
reimbursement, to the Secretary of Defense. The
transfer under this subparagraph shall be carried out
by the Administrator of General Services not later than
180 days after the date of the determination by the
Secretaries, plus such additional time as the
Administrator may require to effectuate and memorialize
such transfer.
(B) After initial period.--After the end of the
five-year period described in subparagraph (A), if the
Secretary of Veterans Affairs or the Secretary of
Defense determines that the integration of the
facilities transferred pursuant to subsection (a)
should not continue, the Secretary of Veterans Affairs
shall transfer, without reimbursement, to the Secretary
of Defense jurisdiction over the real and related
personal property described in subparagraph (A). Any
transfer under this subparagraph shall be carried out
by the Administrator of General Services not later than
one year after the date of the determination by the
applicable Secretary, plus such additional time as the
Administrator may require to effectuate and memorialize
such transfer.
(C) Reversion procedures.--The executive agreement
required by section 1042 shall provide the following:
(i) Specific procedures for the reversion
of real and related personal property, as
appropriate, transferred pursuant to subsection
(a) to ensure the continuing accomplishment by
the Department of Defense and the Department of
Veterans Affairs of their missions in the event
that the integration of facilities described
transferred pursuant to that subsection (a) is
not completed or a reversion of property occurs
under subparagraph (A) or (B).
(ii) In the event of a reversion under this
paragraph, the transfer from the Department of
Veterans Affairs to the Department of Defense
of associated functions including appropriate
resources, civilian positions, and personnel,
in a manner that will not result in adverse
impact to the missions of Department of Defense
or the Department of Veterans Affairs.
SEC. 1044. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE.
(a) Transfer of Functions.--The Secretary of Defense and the
Secretary of the Navy may transfer to the Secretary of Veterans Affairs
functions necessary for the effective operation of the Captain James A.
Lovell Federal Health Care Center. The Secretary of Veterans Affairs
may accept any functions so transferred.
(b) Terms.--
(1) Executive agreement.--Any transfer of functions under
subsection (a) shall be carried out as provided in the
executive agreement required by section 1042. The functions to
be so transferred shall be identified utilizing the provisions
of section 3503 of title 5, United States Code.
(2) Elements.--In providing for the transfer of functions
under subsection (a), the executive agreement required by
section 1042 shall provide for the following:
(A) The transfer of civilian employee positions of
the Department of Defense identified in the executive
agreement to the Department of Veterans Affairs, and of
the incumbent civilian employees in such positions, and
the transition of the employees so transferred to the
pay, benefits, and personnel systems that apply to
employees of the Department of Veterans Affairs (to the
extent that different systems apply).
(B) The transition of employees so transferred to
the pay systems of the Department of Veterans Affairs
in a manner which will not result in any reduction in
an employee's regular rate of compensation (including
basic pay, locality pay, any physician comparability
allowance, and any other fixed and recurring pay
supplement) at the time of transition.
(C) The continuation after transfer of the same
employment status for employees so transferred who have
already successfully completed or are in the process of
completing a one-year probationary period under title
5, United States Code, notwithstanding the provisions
of section 7403(b)(1) of title 38, United States Code.
(D) The extension of collective bargaining rights
under title 5, United States Code, to employees so
transferred in positions listed in subsection 7421(b)
of title 38, United States Code, notwithstanding the
provisions of section 7422 of title 38, United States
Code, for a two-year period beginning on the effective
date of the executive agreement.
(E) At the end of the two-year period beginning on
the effective date of the executive agreement, for the
following actions by the Secretary of Veterans Affairs
with respect to the extension of collective bargaining
rights under subparagraph (D):
(i) Consideration of the impact of the
extension of such rights.
(ii) Consultation with exclusive employee
representatives of the transferred employees
about such impact.
(iii) Determination, after consultation
with the Secretary of Defense and the Secretary
of the Navy, whether the extension of such
rights should be terminated, modified, or kept
in effect.
(iv) Submittal to Congress of a notice
regarding the determination made under clause
(iii).
(F) The recognition after transfer of each
transferred physician's and dentist's total number of
years of service as a physician or dentist in the
Department of Defense for purposes of calculating such
employee's rate of base pay, notwithstanding the
provisions of section 7431(b)(3) of title 38, United
States Code.
(G) The preservation of the seniority of the
employees so transferred for all pay purposes.
(c) Retention of Department of Defense Employment Authority.--
Notwithstanding subsections (a) and (b), the Department of Defense may
employ civilian personnel at the Captain James Lovell Federal Health
Care Center if the Secretary of the Navy, or a designee of the
Secretary, determines it is necessary and appropriate to meet mission
requirements of the Department of the Navy.
SEC. 1045. JOINT FUNDING AUTHORITY FOR THE CAPTAIN JAMES A. LOVELL
FEDERAL HEALTH CARE CENTER.
(a) In General.--The Department of Veterans Affairs/Department of
Defense Health-Care Resources Sharing Committee under section 8111(b)
of title 38, United States Code, may provide for the joint funding of
the Captain James A. Lovell Federal Health Care Center in accordance
with the provisions of this section.
(b) Health Care Center Fund.--
(1) Establishment.--There is established on the books of
the Treasury under the Department of Veterans Affairs a fund to
be known as the ``Captain James A. Lovell Federal Health Care
Center Fund'' (in this section referred to as the ``Fund'').
(2) Elements.--The Fund shall consist of the following:
(A) Amounts transferred to the Fund by the
Secretary of Defense, in consultation with the
Secretary of the Navy, from amounts authorized to be
appropriated for the Department of Defense.
(B) Amounts transferred to the Fund by the
Secretary of Veterans Affairs from amounts authorized
to be appropriated for the Department of Veterans
Affairs.
(C) Amounts transferred to the Fund from medical
care collections under paragraph (4).
(3) Determination of amounts transferred generally.--The
amount transferred to the Fund by each of the Secretary of
Defense and the Secretary of Veterans Affairs under
subparagraphs (A) and (B), as applicable, of paragraph (2) each
fiscal year shall be such amount, as determined by a
methodology jointly established by the Secretary of Defense and
the Secretary of Veterans Affairs for purposes of this
subsection, that reflects the mission-specific activities,
workload, and costs of provision of health care at the Captain
James A. Lovell Federal Health Care Center of the Department of
Defense and the Department of Veterans Affairs, respectively.
(4) Transfers from medical care collections.--
(A) In general.--Amounts collected under the
authorities specified in subparagraph (B) for health
care provided at the Captain James A. Lovell Federal
Health Care Center may be transferred to the Fund under
paragraph (2)(C).
(B) Authorities.--The authorities specified in this
subparagraph are the following:
(i) Section 1095 of title 10, United States
Code.
(ii) Section 1729 of title 38, United
States Code.
(iii) Public Law 87-693, popularly known as
the ``Federal Medical Care Recovery Act'' (42
U.S.C. 2651 et seq.).
(5) Administration.--The Fund shall be administered in
accordance with such provisions of the executive agreement
required by section 1042 as the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly include in the
executive agreement. Such provisions shall provide for an
independent review of the methodology established under
paragraph (3).
(c) Availability.--
(1) In general.--Funds transferred to the Fund under
subsection (b) shall be available to fund the operations of the
Captain James A. Lovell Federal Health Care Center, including
capital equipment, real property maintenance, and minor
construction projects that are not required to be specifically
authorized by law under section 2805 of title 10, United States
Code, or section 8104 of title 38, United States Code.
(2) Limitation.--The availability of funds transferred to
the Fund under subsection (b)(2)(C) shall be subject to the
provisions of section 1729A of title 38, United States Code.
(3) Period of availability.--
(A) In general.--Except as provided in subparagraph
(B), funds transferred to the Fund under subsection (b)
shall be available under paragraph (1) for one fiscal
year after transfer.
(B) Exception.--Of an amount transferred to the
Fund under subsection (b), an amount not to exceed two
percent of such amount shall be available under
paragraph (1) for two fiscal years after transfer.
(d) Financial Reconciliation.--The executive agreement required by
section 1042 shall provide for the development and implementation of an
integrated financial reconciliation process that meets the fiscal
reconciliation requirements of the Department of Defense, the
Department of the Navy, and the Department of Veterans Affairs. The
process shall permit each of the Department of Defense, the Department
of Navy, and the Department of Veterans Affairs to identify their
fiscal contributions to the Fund, taking into consideration accounting,
workload, and financial management differences.
(e) Annual Report.--The Secretary of Defense, in consultation with
the Secretary of the Navy, and the Secretary of Veterans Affairs shall
jointly provide for an annual independent review of the Fund for at
least three years after the date of the enactment of this Act. Such
review shall include detailed statements of the uses of amounts of the
Fund and an evaluation of the adequacy of the proportional share
contributed to the Fund by each of the Secretary of Defense and the
Secretary of Veterans Affairs.
(f) Termination.--The authorities in this section shall terminate
on September 30, 2015.
SEC. 1046. ELIGIBILITY OF MEMBERS OF THE UNIFORMED SERVICES FOR CARE
AND SERVICES AT THE CAPTAIN JAMES A. LOVELL FEDERAL
HEALTH CARE CENTER.
(a) In General.--For purposes of eligibility for health care under
chapter 55 of title 10, United States Code, the Captain James A. Lovell
Federal Health Care Center may be treated as a facility of the
uniformed services to the extent provided under subsection (b) in the
executive agreement required by section 1042.
(b) Additional Elements.--The executive agreement required by
section 1042 may include provisions as follows:
(1) To establish an integrated priority list for access to
health care at the Captain James A. Lovell Federal Health Care
Center, which list shall--
(A) integrate the respective health care priority
lists of the Secretary of Defense and the Secretary of
Veterans Affairs; and
(B) take into account categories of beneficiaries,
enrollment program status, and such other matters as
the Secretary of Defense and the Secretary of Veterans
Affairs jointly consider appropriate.
(2) To incorporate any resource-related limitations for
access to health care at the Captain James A. Lovell Federal
Health Care Center that the Secretary of Defense may establish
for purposes of administering space-available eligibility for
care in facilities of the uniformed services under chapter 55
of title 10, United States Code.
(3) To allocate financial responsibility for care provided
at the Captain James A. Lovell Federal Health Care Center for
individuals who are eligible for care under both chapter 55 of
title 10, United States Code, and title 38, United States Code.
(4) To waive the applicability to the Captain James A.
Lovell Federal Health Care Center of any provision of section
8111(e) of title 38, United States Code, that the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
specify.
SEC. 1047. EXTENSION OF DOD-VA HEALTH CARE SHARING INCENTIVE FUND.
Section 8111(d)(3) of title 38, United States Code, is amended by
striking ``September 30, 2010'' and inserting ``September 30, 2015''.
Subtitle F--Miscellaneous Requirements, Authorities, and Limitations
SEC. 1051. CONGRESSIONAL EARMARKS RELATING TO THE DEPARTMENT OF
DEFENSE.
(a) Report on Recurring Earmarks.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
setting forth a list of each congressional earmark that has
been included in a national defense authorization Act for three
or more consecutive fiscal years as of the national defense
authorization Act for fiscal year 2010.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the extent to which
competitive or merit-based procedures were used to
award funding, or to enter into a contract, grant, or
other agreement, pursuant to each congressional earmark
listed in the report.
(B) An identification of the specific contracting
vehicle used for each such earmark.
(C) In the case of any congressional earmark listed
in the report for which competitive or merit-based
procedures were not used to award funding, or to enter
the contract, grant, or other agreement, a statement of
the reasons competitive or merit-based procedures were
not used.
(b) DoD Inspector General Audit of Earmarks.--The Inspector General
of the Department of Defense shall conduct an audit of contracts,
grants, or other agreements pursuant to congressional earmarks of
Department of Defense funds to determine whether or not the recipients
of such earmarks are complying with requirements of Federal law on the
use of appropriated funds to influence, whether directly or indirectly,
congressional action on any legislation or appropriation matter pending
before Congress.
(c) Definitions.--In this section:
(1) The term ``congressional earmark'' means any
congressionally directed spending item (Senate) or
congressional earmark (House of Representatives) on the list
published in compliance with rule XLIV of the Standing Rules of
the Senate or rule XXI of the Rules of the House of
Representatives.
(2) The term ``national defense authorization Act'' means
an Act authorizing funds for a fiscal year for the military
activities of the Department of Defense, and for other
purposes.
SEC. 1052. NATIONAL STRATEGIC FIVE-YEAR PLAN FOR IMPROVING THE NUCLEAR
FORENSIC AND ATTRIBUTION CAPABILITIES OF THE UNITED
STATES.
(a) In General.--The President, with the participation of the
officials specified in subsection (c), shall develop a national
strategic plan for improving over a five-year period the nuclear
forensic and attribution capabilities of the United States and the
methods, capabilities, and capacity for nuclear materials forensics and
attribution.
(b) Elements.--The plan required under subsection (a) shall include
the following:
(1) An investment plan to support nuclear materials
forensics and attribution.
(2) Recommendations with respect to--
(A) the allocation of roles and responsibilities
for pre-detonation, detonation, and post-detonation
activities; and
(B) methods for the attribution of nuclear or
radiological material to the source when such material
is intercepted by the United States, foreign
governments, or international bodies or is dispersed in
the course of a terrorist attack or other nuclear or
radiological explosion.
(c) Officials.--The officials specified in this subsection are the
following:
(1) The Secretary of Homeland Security.
(2) The Secretary of Defense.
(3) The Secretary of Energy.
(4) The Attorney General.
(5) The Secretary of State.
(6) The Director of National Intelligence.
(7) Such other officials as the President considers
appropriate.
(d) Submittal to Congress.--Not later than 180 days after the date
of the enactment of this Act, the President shall submit to Congress
the plan required under subsection (a).
SEC. 1053. ONE-YEAR EXTENSION OF AUTHORITY TO OFFER AND MAKE REWARDS
FOR ASSISTANCE IN COMBATING TERRORISM THROUGH GOVERNMENT
PERSONNEL OF ALLIED FORCES.
Section 127b(c)(3)(C) of title 10, United States Code, is amended
by striking ``September, 30, 2009'' and inserting ``September, 30,
2010''.
SEC. 1054. BUSINESS PROCESS REENGINEERING.
(a) New Programs.--Section 2222 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A) of this subsection,
the following new paragraph (1):
``(1) the appropriate chief management officer for the
defense business system modernization has determined whether or
not--
``(A) the defense business system modernization is
in compliance with the enterprise architecture
developed under subsection (c); and
``(B) appropriate business process reengineering
efforts have been undertaken to ensure that--
``(i) the business process to be supported
by the defense business system modernization
will be as streamlined and efficient as
practicable; and
``(ii) the need to tailor commercial-off-
the-shelf systems to meet unique requirements
or incorporate unique interfaces has been
eliminated or reduced to the maximum extent
practicable;'';
(C) in paragraph (2), as redesignated by
subparagraph (A) of this subsection, by striking
subparagraph (A) and inserting the following new
subparagraph (A):
``(A) has been determined by the appropriate chief
management officer to be in compliance with the
requirements of paragraph (1);''; and
(D) in paragraph (3), as redesignated by
subparagraph (A) of this paragraph, by striking ``the
certification by the approval authority is'' and
inserting ``the certification by the approval authority
and the determination by the chief management officer
are''; and
(2) in subsection (f)--
(A) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(B) by inserting ``(1)'' before ``The Secretary of
Defense'';
(C) in subparagraph (E) of paragraph (1), as
designated by this paragraph, by striking ``paragraphs
(1) through (4)'' and inserting ``subparagraphs (A)
through (D)''; and
(D) by adding at the end the following new
paragraph (2):
``(2) For purposes of subsection (a), the appropriate chief
management officer for a defense business system modernization is as
follows:
``(A) In the case of an Army program, the Chief Management
Officer of the Army.
``(B) In the case of a Navy program, the Chief Management
Officer of the Navy.
``(C) In the case of an Air Force program, the Chief
Management Officer of the Air Force.
``(D) In the case of a program of a Defense Agency, the
Deputy Chief Management Officer of the Department of Defense.
``(E) In the case of a program that will support the
business processes of more than one military department or
Defense Agency, the Deputy Chief Management Officer of the
Department of Defense.''.
(b) Ongoing Programs.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the appropriate chief management
officer for each defense business system modernization approved
by the Defense Business Systems Management Committee before the
date of the enactment of this Act that will have a total cost
in excess of $100,000,000 shall review such defense business
system modernization to determine whether or not appropriate
business process reengineering efforts have been undertaken to
ensure that--
(A) the business process to be supported by such
defense business system modernization will be as
streamlined and efficient as practicable; and
(B) the need to tailor commercial-off-the-shelf
systems to meet unique requirements or incorporate
unique interfaces has been eliminated or reduced to the
maximum extent practicable.
(2) Action on finding of lack of reengineering efforts.--If
the appropriate chief management officer determines that
appropriate business process reengineering efforts have not
been undertaken with regard to a defense business system
modernization as described in paragraph (1), that chief
management officer--
(A) shall develop a plan to undertake business
process reengineering efforts with respect to the
defense business system modernization; and
(B) may direct that the defense business system
modernization be restructured or terminated, if
necessary to meet the requirements of paragraph (1).
(3) Definitions.--In this subsection:
(A) The term ``appropriate chief management
officer'', with respect to a defense business system
modernization, has the meaning given that term in
paragraph (2) of subsection (f) of section 2222 of
title 10, United States Code (as amended by subsection
(a)(2) of this section).
(B) The term ``defense business system
modernization'' has the meaning given that term in
subsection (j)(3) of section 2222 of title 10, United
States Code.
SEC. 1055. RESPONSIBILITY FOR PREPARATION OF BIENNIAL GLOBAL
POSITIONING SYSTEM REPORT.
(a) In General.--Section 2281(d) of title 10, United States Code,
is amended--
(1) in paragraph (1)--
(A) by striking ``the Secretary of Defense'' and
inserting ``the Deputy Secretary of Defense and the
Deputy Secretary of Transportation, in their capacity
as co-chairs of the National Executive Committee for
Space-Based Positioning, Navigation, and Timing,''; and
(B) by striking ``the Committee on Armed Services
of the Senate and the Committee on Armed Services of
the House of Representatives'' and inserting ``the
Committees on Armed Services and Commerce, Science, and
Transportation of the Senate and the Committees on
Armed Services, Energy and Commerce, and Transportation
and Infrastructure of the House of Representatives'';
and
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) In preparing each report required under paragraph (1), the
Deputy Secretary of Defense and the Deputy Secretary of Transportation,
in their capacity as co-chairs of the National Executive Committee for
Space-Based Positioning, Navigation, and Timing, shall consult with the
Secretary of Defense, the Secretary of State, the Secretary of
Transportation, and the Secretary of Homeland Security.''.
(b) Technical Amendments.--Paragraph (1)(B)(ii) of such section is
amended--
(1) by inserting ``validated'' before ``performance
requirements''; and
(2) by inserting ``in accordance with Office of Management
and Budget Circular A-109'' after ``Plan''.
SEC. 1056. ADDITIONAL SUBPOENA AUTHORITY FOR THE INSPECTOR GENERAL OF
THE DEPARTMENT OF DEFENSE.
Section 8 of the Inspector General Act of 1978 (5 U.S.C. App. 8) is
amended by adding at the end the following new subsection:
``(i)(1) The Inspector General of the Department of Defense is
authorized to require by subpoena the attendance and testimony of
witnesses necessary to carry out an audit or investigation pursuant to
the authorities of this Act.
``(2) A subpoena issued under this subsection, in the case of
contumacy or refusal to obey, shall be enforceable by order of any
appropriate United States district court.
``(3) The Inspector General shall consult with the Attorney General
before issuing any subpoena under this section, and shall not proceed
with the issuance of such a subpoena if the Attorney General
objects.''.
SEC. 1057. REPORTS ON BANDWIDTH REQUIREMENTS FOR MAJOR DEFENSE
ACQUISITION PROGRAMS AND MAJOR SYSTEM ACQUISITION
PROGRAMS.
Section 1047(d) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4603; 10 U.S.C.
2366b note) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by indenting such
subparagraphs, as so redesignated, four ems from the left
margin;
(2) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(3) by adding at the end the following:
``(2) Reports.--Not later than January 1 each year, the
Secretary of Defense and the Director of National Intelligence
shall each submit to the congressional defense committees, the
Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives a report on any determinations made under
paragraph (1) with respect to meeting the bandwidth
requirements for major defense acquisition programs and major
system acquisition programs during the preceding fiscal
year.''.
SEC. 1058. MULTIYEAR CONTRACTS UNDER PILOT PROGRAM ON COMMERCIAL FEE-
FOR-SERVICE AIR REFUELING SUPPORT FOR THE AIR FORCE.
(a) Multiyear Contracts Authorized.--The Secretary of the Air Force
may enter into one or more multiyear contracts, beginning with the
fiscal year 2011 program year, for purposes of conducting the pilot
program on utilizing commercial fee-for-service air refueling tanker
aircraft for Air Force operations required by section 1081 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 335).
(b) Compliance With Law Applicable to Multiyear Contracts.--Any
contract entered into under subsection (a) shall be entered into in
accordance with the provisions of section 2306c of title 10, United
States Code, except that--
(1) the term of the contract may not be more than 8 years;
(2) notwithstanding subsection 2306c(b) of title 10, United
States Code, the authority under subsection 2306c(a) of title
10, United States Code, shall apply to the fee-for-service air
refueling pilot program;
(3) the contract may contain a clause setting forth a
cancellation ceiling in excess of $100,000,000; and
(4) the contract may provide for an unfunded contingent
liability in excess of $20,000,000.
(c) Compliance With Law Applicable to Service Contracts.--A
contract entered into under subsection (a) shall be entered into in
accordance with the provisions of section 2401 of title 10, United
States Code, except that--
(1) the Secretary shall not be required to certify to the
congressional defense committees that the contract is the most
cost-effective means of obtaining commercial fee-for-service
air refueling tanker aircraft for Air Force operations; and
(2) the Secretary shall not be required to certify to the
congressional defense committees that there is no alternative
for meeting urgent operational requirements other than making
the contract.
(d) Limitation on Amount.--The amount of a contract under
subsection (a) may not exceed $999,999,999.
(e) Provision of Government Insurance.--A commercial air operator
contracting with the Department of Defense under the pilot program
referred to in subsection (a) shall be eligible to receive government
provided insurance pursuant to chapter 443 of title 49, United States
Code, if commercial insurance is unavailable on reasonable terms and
conditions.
SEC. 1059. ADDITIONAL DUTY FOR ADVISORY PANEL ON DEPARTMENT OF DEFENSE
CAPABILITIES FOR SUPPORT OF CIVIL AUTHORITIES AFTER
CERTAIN INCIDENTS.
Section 1082(d) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 337) is amended by--
(1) redesignating paragraphs (7) and (8) as paragraphs (9)
and (10), respectively;
(2) in paragraph (4), by striking ``other department'' and
inserting ``other departments''; and
(3) by inserting after paragraph (6) the following new
paragraphs:
``(7) assess the adequacy of the process and methodology by
which the Department of Defense establishes, maintains, and
resources dedicated, special, and general purpose forces for
conducting operations described in paragraph (1);
``(8) assess the adequacy of the resources planned and
programmed by the Department of Defense to ensure the
preparedness and capability of dedicated, special, and general
purpose forces for conducting operations described in paragraph
(1);''.
Subtitle G--Reports
SEC. 1071. NATIONAL INTELLIGENCE ESTIMATE ON NUCLEAR ASPIRATIONS OF
NON-STATE ENTITIES AND NUCLEAR WEAPONS AND RELATED
PROGRAMS IN NON-NUCLEAR-WEAPONS STATES AND COUNTRIES NOT
PARTIES TO THE NUCLEAR NON-PROLIFERATION TREATY.
(a) In General.--The Director of National Intelligence shall
prepare a national intelligence estimate (NIE) on the following:
(1) The nuclear weapons programs and any related programs
of countries that are non-nuclear-weapons state parties to the
Treaty on Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (commonly known as the ``Nuclear Non-
Proliferation Treaty'') and countries that are not parties to
the Treaty.
(2) The nuclear weapons aspirations of such non-state
entities as the Director considers appropriate to include in
the estimate.
(b) Elements.--The national intelligence estimate required under
subsection (a) shall include, with respect to each country described in
subsection (a)(1) and each non-state entity referred to in subsection
(a)(2), the following:
(1) A statement of the number of nuclear weapons possessed
by such country or non-state entity.
(2) An estimate of the total number of nuclear weapons that
such country or non-state entity seeks to obtain and, in the
case of such non-state entity, an assessment of the extent to
which such non-state entity is seeking to develop a nuclear
weapon or device or radiological dispersion device.
(3) A description of the technical characteristics of any
nuclear weapons possessed by such country or non-state entity.
(4) A description of nuclear weapons designs available to
such country or non-state entity.
(5) A description of any sources of assistance with respect
to nuclear weapons design provided to such country or non-state
entity.
(6) An assessment of the annual capability of such country
and non-state entity to produce new or newly designed nuclear
weapons.
(7) A description of the type of fissile materials used in
any nuclear weapons possessed by such country or non-state
entity.
(8) An description of the location and production
capability of any fissile materials production facilities in
such country or controlled by such non-state entity, the
current status of any such facilities, and any plans by such
country or non-state entity to develop such facilities.
(9) An identification of the source of any fissile
materials used by such country or non-state entity, if such
materials are not produced in facilities referred to in
paragraph (8).
(10) A description of any delivery systems available to
such country or non-state entity and an assessment of whether
nuclear warheads have been mated to any such delivery system.
(11) An assessment of the physical security of the storage
facilities for nuclear weapons in such country or controlled by
such non-state entity.
(12) An assessment of whether such country or non-state
entity is modernizing or otherwise improving the safety,
security, and reliability of the nuclear weapons stockpile of
such country or non-state entity.
(13) In the case of a country, an assessment of the policy
of such country on the employment and use of nuclear weapons.
(c) Submittal to Congress.--
(1) In general.--Except as provided in paragraph (2), the
Director of National Intelligence shall submit to the
congressional defense committees, the Select Committee on
Intelligence of the Senate, and the Permanent Select Committee
on Intelligence of the House of Representatives the national
intelligence estimate required under subsection (a) by not
later than September 1, 2010.
(2) Notification of delay in submittal.--If the Director of
National Intelligence determines that it will not be possible
for the Director to submit the national intelligence estimate
by September 1, 2010, the Director shall, not later than August
1, 2010, submit to the committees specified in paragraph (1) a
notice--
(A) that the national intelligence estimate will
not be submitted by September 1, 2010; and
(B) setting forth the date by which the Director
will submit the national intelligence estimate.
SEC. 1072. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT OF
MILITARY WHISTLEBLOWER PROTECTIONS.
(a) Review.--The Comptroller General of the United States shall
conduct a review of military whistleblower protections afforded to
members of the Armed Services by the Department of Defense. The review
shall include an analysis of the following:
(1) A sample of military whistleblower cases at the Office
of the Inspector General of the Department of Defense, as well
as one or more Offices of the Inspector General of a military
department (as selected by the Comptroller General for the
purposes of this section).
(2) Department-wide efforts to educate and inform members
of the Armed Forces about the protections provided to them
under section 1034 of title 10, United States Code.
(3) A sample of military whistleblower reprisal appeals (as
selected by the Comptroller General for the purposes of this
section) heard by the Boards for the Correction of Military
Records referred to in section 1552 of title 10, United States
Code, of each military department.
(b) Report.--Not later than December 1, 2009, the Comptroller
General shall submit a report on the review and analysis conducted
under subsection (a) to the Chairman and Ranking Minority Member of
each of the following:
(1) The Committees on Armed Services, Homeland Security and
Governmental Affairs, and the Judiciary of the Senate.
(2) The Committees on Armed Services, Homeland Security,
and the Judiciary of the House of Representatives.
SEC. 1073. REPORT ON RE-DETERMINATION PROCESS FOR PERMANENTLY
INCAPACITATED DEPENDENTS OF RETIRED AND DECEASED MEMBERS
OF THE ARMED FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report on the
re-determination process of the Department of Defense used to determine
the eligibility of permanently incapacitated dependents of retired and
deceased members of the Armed Forces for benefits provided under laws
administered by the Secretary. The report shall include the following:
(1) An assessment of the re-determination process,
including the following:
(A) The rationale for requiring a quadrennial
recertification of financial support after issuance of
a permanent identification card to a permanently
incapacitated dependent.
(B) The administrative and other burdens the
quadrennial recertification imposes on the affected
sponsor and dependents, especially after the sponsor
becomes ill, incapacitated, or deceased.
(C) The extent to which the quadrennial
recertification undermines the utility of issuing a
permanent identification card.
(D) The extent of the consequences entailed in
eliminating the requirement for quadrennial
recertification.
(2) Specific recommendations for the following:
(A) Improving the efficiency of the recertification
process.
(B) Minimizing the burden of such process on the
sponsors of such dependents.
(C) Eliminating the requirement for quadrennial
recertification.
SEC. 1074. COMPTROLLER GENERAL REVIEW OF SPENDING IN THE FINAL QUARTER
OF FISCAL YEAR 2009 BY THE DEPARTMENT OF DEFENSE.
(a) Review of Spending by the Comptroller General.--The Comptroller
General of the United States shall conduct a review of the obligations
and expenditures of the Department of Defense in the final quarter of
fiscal year 2009, as compared to the obligations and expenditures of
the Department in the first three quarters of that fiscal year, to
determine if policies with respect to spending by the Department
contribute to hastened year-end spending and poor use or waste of
taxpayer dollars.
(b) Report.--Not later than the earlier of March 30, 2010, or the
date that is 180 days after the date of the enactment of this Act, the
Comptroller General shall submit to Congress a report containing--
(1) the results of the review conducted under subsection
(a); and
(2) any recommendations of the Comptroller General with
respect to improving the policies pursuant to which amounts
appropriated to the Department of Defense are obligated and
expended in the final quarter of the fiscal year.
SEC. 1075. REPORT ON AIR AMERICA.
(a) Definitions.--In this section:
(1) Air america.--The term ``Air America'' means Air
America, Incorporated.
(2) Associated company.--The term ``associated company''
means any entity associated with, predecessor to, or subsidiary
to Air America, including Air Asia Company Limited, CAT
Incorporated, Civil Air Transport Company Limited, and the
Pacific Division of Southern Air Transport during the period
when such an entity was owned and controlled by the United
States Government.
(b) Report on Retirement Benefits for Former Employees of Air
America.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the
advisability of providing Federal retirement benefits to United
States citizens for the service of such citizens prior to 1977
as employees of Air America or an associated company during a
period when Air America or the associated company was owned or
controlled by the United States Government and operated or
managed by the Central Intelligence Agency.
(2) Report elements.--The report required by paragraph (1)
shall include the following:
(A) The history of Air America and the associated
companies prior to 1977, including a description of--
(i) the relationship between Air American
and the associated companies and the Central
Intelligence Agency or any other element of the
United States Government;
(ii) the workforce of Air America and the
associated companies;
(iii) the missions performed by Air
America, the associated companies, and their
employees for the United States; and
(iv) the casualties suffered by employees
of Air America and the associated companies in
the course of their employment.
(B) A description of--
(i) the retirement benefits contracted for
or promised to the employees of Air America and
the associated companies prior to 1977;
(ii) the contributions made by such
employees for such benefits;
(iii) the retirement benefits actually paid
such employees;
(iv) the entitlement of such employees to
the payment of future retirement benefits; and
(v) the likelihood that such employees will
receive any future retirement benefits.
(C) An assessment of the difference between--
(i) the retirement benefits that former
employees of Air America and the associated
companies have received or will receive by
virtue of their employment with Air America and
the associated companies; and
(ii) the retirement benefits that such
employees would have received or be eligible to
receive if such employment was deemed to be
employment by the United States Government and
their service during such employment was
credited as Federal service for the purpose of
Federal retirement benefits.
(D)(i) Any recommendations regarding the
advisability of legislative action to treat such
employment as Federal service for the purpose of
Federal retirement benefits in light of the
relationship between Air America and the associated
companies and the United States Government and the
services and sacrifices of such employees to and for
the United States.
(ii) If legislative action is considered advisable
under clause (i), a proposal for such action and an
assessment of its costs.
(E) The opinions of the Director of the Central
Intelligence Agency, if any, on any matters covered by
the report that the Director of the Central
Intelligence Agency considers appropriate.
(3) Assistance of comptroller general.--The Comptroller
General of the United States shall, upon the request of the
Director of National Intelligence and in a manner consistent
with the protection of classified information, assist the
Director in the preparation of the report required by paragraph
(1).
(4) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1076. REPORT ON CRITERIA FOR SELECTION OF STRATEGIC EMBARKATION
PORTS AND SHIP LAYBERTHING LOCATIONS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Commander of the United States
Transportation Command shall submit to the congressional defense
committees a report with criteria for the selection of strategic
embarkation ports and ship layberth locations.
(b) Development of Criteria.--The criteria included in the report
required under subsection (a) shall--
(1) prioritize the facilitation of strategic deployment and
reduction of combatant commander force closure timelines;
(2) take into account--
(A) time required to crew, activate, and sail
sealift vessels to embarkation ports;
(B) distance and travel times for the forces from
assigned installation to embarkation ports;
(C) availability of adequate infrastructure to
transport forces from assigned installation to
embarkation ports; and
(D) time required to move forces from embarkation
ports to likely areas of force deployment around the
world; and
(3) inform the selection of strategic embarkation ports and
the procurement of ship layberthing services.
SEC. 1077. REPORT ON DEFENSE TRAVEL SIMPLIFICATION.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth a comprehensive plan to simplify
defense travel.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A comprehensive discussion of aspects of the Department
of Defense travel system that are most confusing, inefficient,
and in need of revision.
(2) Critical review of opportunities to streamline and
simplify defense travel policies and to reduce travel-related
costs to the Department of Defense.
(3) Options to leverage industry capabilities that could
enhance management responsiveness to changing markets.
(4) A discussion of pilot programs that could be undertaken
to prove the merit of improvements identified in accomplishing
actions specified in paragraphs (1) and (2), including
recommendations for legislative authority.
(5) Such recommendations and an implementation plan for
legislative or administrative action as the Secretary of
Defense considers appropriate to improve defense travel.
SEC. 1078. REPORT ON MODELING AND SIMULATION ACTIVITIES OF UNITED
STATES JOINT FORCES COMMAND.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, working through the
Director for Defense Research and Engineering, the Assistant Secretary
of Defense for Manufacturing and Industrial Base, and the Commander of
the United States Joint Forces Command, shall submit to the
congressional defense committees a report that describes current and
planned efforts to support and enhance the defense modeling and
simulation technological and industrial base, including in academia,
industry, and government.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the current and future domestic
defense modeling and simulation technological and industrial
base and its ability to meet current and future defense
requirements.
(2) A description of current and planned programs and
activities of the Department of Defense to enhance the ability
of the domestic defense modeling and simulation industrial base
to meet current and future defense requirements.
(3) A description of current and planned Department of
Defense activities in cooperation with Federal, State, and
local government organizations that promote the enhancement of
the ability of the domestic defense modeling and simulation
industrial base to meet current and future defense
requirements.
(4) A comparative assessment of current and future global
modeling and simulation capabilities relative to those of the
United States in areas related to defense applications of
modeling and simulation.
(5) An identification of additional authorities or
resources related to technology transfer, establishment of
public-private partnerships, coordination with regional, State,
or local initiatives, or other activities that would be
required to enhance efforts to support the domestic defense
modeling and simulation industrial base.
(6) Other matters as determined appropriate by the
Secretary.
SEC. 1079. REPORT ON ENABLING CAPABILITIES FOR SPECIAL OPERATIONS
FORCES.
(a) Report Required.--Not later than 270 days after the date of the
enactment of this Act, the Commander of the United States Special
Operations Command, jointly with the commanders of the combatant
commands and the chiefs of the services, shall submit to the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff a report on
the availability of enabling capabilities to support special operations
forces requirements.
(b) Matters To Be Included.--The report required under subsection
(a) shall include the following:
(1) An identification of the requirements for enabling
capabilities for conventional forces and special operations
forces globally, including current and projected needs in Iraq,
Afghanistan, and other theaters of operation.
(2) A description of the processes used to prioritize and
allocate enabling capabilities to meet the mission requirements
of conventional forces and special operations forces.
(3) An identification and description of any shortfalls in
enabling capabilities for special operations forces by
function, region, and quantity, as determined by the Commander
of the United States Special Operations Command and the
commanders of the geographic combatant commands.
(4) An assessment of the current inventory of these
enabling capabilities within the military departments and
components and the United States Special Operations Command.
(5) An assessment of whether there is a need to create
additional enabling capabilities by function and quantity.
(6) An assessment of the merits of creating additional
enabling units, by type and quantity--
(A) within the military departments; and
(B) within the United States Special Operations
Command.
(7) Recommendations for meeting the current and future
enabling force requirements of the United States Special
Operations Command, including an assessment of the increases in
endstrength, equipment, funding, and military construction that
would be required to support these recommendations.
(8) Any other matters the Commander of the United States
Special Operations Command, the commanders of the combatant
commands, and the chiefs of the services consider useful and
relevant.
(c) Report to Congress.--Not later than 30 days after receiving the
report required under subsection (a), the Secretary of Defense shall
forward the report to the congressional defense committees with any
additional comments the Secretary considers appropriate.
Subtitle H--Other Matters
SEC. 1081. TRANSFER OF NAVY AIRCRAFT N40VT.
(a) Authority To Transfer.--
(1) Authority.--Subject to all applicable Federal laws and
regulations controlling the disposition of Federal property,
the Secretary of the Navy may transfer to Piasecki Aircraft
Corporation of Essington, Pennsylvania (in this section
referred to as the ``transferee''), Navy aircraft N40VT (Bureau
Number 163283) and associated components, test equipment, and
engines, previously specified as Government-furnished equipment
in contract N00019-00-C-0284.
(2) Written agreement.--The transfer under this subsection
shall be made by means of a written agreement.
(3) Applicable law.--The transfer or use of military
equipment is subject to all applicable United State laws and
regulations, including, but not limited to, the Arms Export
Control Act, the Export Administration Act of 1979, continued
under Executive Order 12924, International Traffic in Arms
Regulations (22 C.F.R. 120 et seq.), Export Administration
Regulations (15 C.F.R. 730 et seq.), Foreign Assets Control
Regulations (31 C.F.R. 500 et seq.), and the Espionage Act.
(b) Certification Required for Disposal of Combatant Military
Equipment.--No military equipment described by subsection (a) that is
military equipment of a combatant command may be transferred under
subsection (a) unless the Chief of Staff of the Army, the Chief of
Naval Operations, the Chief of Staff of the Air Force, or the
Commandant of the Marine Corps, as applicable, certifies that such
equipment is not essential to the defense of the United States.
(c) Condition of Equipment To Be Transferred.--The military
equipment transferred under subsection (a) shall be transferred in its
current ``as is'' condition. The Secretary is not required to repair or
alter the condition of any military equipment before transferring any
interest in such equipment under subsection (a).
(d) Transfer at No Cost to the United States.--The transfer of
military equipment under subsection (a) shall be made at no cost to the
United States. Any costs associated with the transfer shall be borne by
the transferee.
(e) Government Rights.--The Secretary shall include in the written
agreement under subsection (a)(2) such terms and conditions as the
Secretary considers appropriate--
(1) to permit the United States to use any future
technologies derived from testing of military equipment
transferred under subsection (a), including upon the transfer
of such military equipment to a successor in interest of the
transferee; and
(2) to retain for the Government all technical data rights
associated with military equipment transferred under subsection
(a).
(f) Consideration.--As consideration for the transfer of military
equipment under subsection (a), the transferee shall provide
compensation to the United States, the value of which is equal to the
fair market value of such military equipment, as determined by the
Secretary. The Secretary may not delegate the authority to make the
determination required by the preceding sentence.
(g) No Liability for the United States.--Upon the transfer of
military equipment under subsection (a), the United States shall not be
liable for any death, injury, loss, or damage that results from the use
of such military equipment by any person other than the United States.
(h) Reverter Upon Breach of Conditions.--The Secretary shall
include in the written agreement under subsection (a)(2) the following:
(1) A condition that the transferee not transfer any
interest in, or transfer possession of, the military equipment
transferred under subsection (a) to any other party without the
prior written approval of the Secretary.
(2) A condition that the transferee operate or maintain, as
applicable, the military equipment transferred under subsection
(a) in compliance with all applicable limitations and
maintenance requirements under law.
(3) A condition that if the Secretary determines at any
time that the transferee has failed to comply with a condition
set forth in paragraph (1) or (2), all right, title, and
interest in and to the military equipment transferred under
subsection (a), including any repair or alteration of the
military equipment by the transferee or otherwise, shall revert
to the United States, and the United States shall have the
right of immediate possession of the military equipment.
(i) Limitation on Transfer Pending Notice to Congress.--
(1) Limitation.--A transfer of military equipment under
subsection (a) may not occur until--
(A) notice of the proposal to make the transfer is
sent to Congress; and
(B) 60 days of continuous session of Congress have
expired following the date on which such notice is sent
to Congress.
(2) Calculation of continuous session.--For purposes of
paragraph (1)(B), the continuity of a session of Congress is
broken only by an adjournment of the Congress sine die, and the
days on which the either House is not in session because of
adjournment of more than 3 days to a day certain are excluded
in the computation of such 60-day period.
(j) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with a transfer
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 1082. TRANSFER OF BIG CROW AIRCRAFT.
(a) In General.--The Secretary of the Air Force may convey to an
appropriate private entity the right, title, and interest of the United
States in and to the Big Crow aircraft referred to in subsection (b) in
order to permit the continuation of the purpose of such aircraft at the
time of their retirement in and through such private entity after
conveyance if the Secretary and the Under Secretary of Defense for
Acquisition, Technology, and Logistics jointly determine that it is in
the interests of the Department of Defense to do so.
(b) Covered Big Crow Aircraft.--The Big Crow aircraft referred to
in this subsection are the recently-retired aircraft as follows:
(1) Big Crow aircraft NC-135E, tail number 55-3132.
(2) Big Crow aircraft NC-135B, tail number 63-8050.
(c) Conditions of Conveyance.--
(1) In general.--Any conveyance of Big Crow aircraft under
subsection (a) shall be for such consideration as the Secretary
considers appropriate. The Secretary shall provide for any
aircraft so conveyed to be conveyed in ``as-is'' condition at
the time of conveyance, with all classified and other sensitive
equipment removed from such aircraft before conveyance.
(2) No liability for the united states.--Notwithstanding
any other provision of law, upon the conveyance of a Big Crow
aircraft under subsection (a), the United States shall not be
liable for any death, injury, loss, or damage that results from
the use of the aircraft by any person other than the United
States.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with a conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 1083. PLAN FOR SUSTAINMENT OF LAND-BASED SOLID ROCKET MOTOR
INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense shall review and
establish a plan to sustain the solid rocket motor industrial base,
including the ability to maintain and sustain currently deployed
strategic and missile defense systems and to maintain an intellectual
and engineering capacity to support next generation rocket motors, as
needed.
(b) Submission of Plan.--Not later than March 1, 2010, the
Secretary of Defense shall submit to the congressional defense
committees the plan required under subsection (a), together with an
explanation of how fiscal year 2010 funds will be used to sustain and
support the plan and a description of the funding in the future years
defense program plan to support the plan.
SEC. 1084. PILOT PROGRAM ON USE OF SERVICE DOGS FOR THE TREATMENT OR
REHABILITATION OF VETERANS WITH PHYSICAL OR MENTAL
INJURIES OR DISABILITIES.
(a) Findings.--Congress makes the following findings:
(1) The United States owes a profound debt to those who
have served the United States honorably in the Armed Forces.
(2) Disabled veterans suffer from a range of physical and
mental injuries and disabilities.
(3) In 2008, the Army reported the highest level of
suicides among its soldiers since it began tracking the rate 28
years before 2009.
(4) A scientific study documented in the 2008 Rand Report
entitled ``Invisible Wounds of War'' estimated that 300,000
veterans of Operation Enduring Freedom and Operation Iraqi
Freedom currently suffer from post-traumatic stress disorder.
(5) Veterans have benefitted in multiple ways from the
provision of service dogs.
(6) The Department of Veterans Affairs has been
successfully placing guide dogs with the blind since 1961.
(7) Thousands of dogs around the country await adoption.
(b) Program Required.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
commence a three-year pilot program to assess the benefits,
feasibility, and advisability of using service dogs for the treatment
or rehabilitation of veterans with physical or mental injuries or
disabilities, including post-traumatic stress disorder.
(c) Partnerships.--
(1) In general.--The Secretary shall carry out the pilot
program by partnering with nonprofit organizations that--
(A) have experience providing service dogs to
individuals with injuries or disabilities;
(B) do not charge fees for the dogs, services, or
lodging that they provide; and
(C) are accredited by a generally accepted
industry-standard accrediting institution.
(2) Reimbursement of costs.--The Secretary shall reimburse
partners for costs relating to the pilot program as follows:
(A) For the first 50 dogs provided under the pilot
program, all costs relating to the provision of such
dogs.
(B) For dogs provided under the pilot program after
the first 50 dogs provided, all costs relating to the
provision of every other dog.
(d) Participation.--
(1) In general.--As part of the pilot program, the
Secretary shall provide a service dog to a number of veterans
with physical or mental injuries or disabilities that is
greater than or equal to the greater of--
(A) 200; and
(B) the minimum number of such veterans required to
produce scientifically valid results with respect to
assessing the benefits and costs of the use of such
dogs for the treatment or rehabilitation of such
veterans.
(2) Composition.--The Secretary shall ensure that--
(A) half of the participants in the pilot program
are veterans who suffer primarily from a mental health
injury or disability; and
(B) half of the participants in the pilot program
are veterans who suffer primarily from a physical
injury or disability.
(e) Study.--In carrying out the pilot program, the Secretary shall
conduct a scientifically valid research study of the costs and benefits
associated with the use of service dogs for the treatment or
rehabilitation of veterans with physical or mental injuries or
disabilities. The matters studied shall include the following:
(1) The therapeutic benefits to such veterans, including
the quality of life benefits reported by the veterans partaking
in the pilot program.
(2) The economic benefits of using service dogs for the
treatment or rehabilitation of such veterans, including--
(A) savings on health care costs, including savings
relating to reductions in hospitalization and
reductions in the use of prescription drugs; and
(B) productivity and employment gains for the
veterans.
(3) The effectiveness of using service dogs to prevent
suicide.
(f) Reports.--
(1) Annual report of the secretary.--After each year of the
pilot program, the Secretary shall submit to Congress a report
on the findings of the Secretary with respect to the pilot
program.
(2) Final report by the national academy of sciences.--Not
later than 180 days after the date of the completion of the
pilot program, the National Academy of Sciences shall submit to
Congress a report on the results of the pilot program.
SEC. 1085. EXPANSION OF STATE HOME CARE FOR PARENTS OF VETERANS WHO
DIED WHILE SERVING IN ARMED FORCES.
In administering section 51.210(d) of title 38, Code of Federal
Regulations, the Secretary of Veterans Affairs shall permit a State
home to provide services to, in addition to non-veterans described in
such subsection, a non-veteran any of whose children died while serving
in the Armed Forces.
SEC. 1086. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT
TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES.
(a) Increase in Maximum Age Limit for Positions Subject to FERS.--
(1) Law enforcement officers and firefighters.--Section
3307(e) of title 5, United States Code, is amended--
(A) by striking ``(e) The'' and inserting ``(e)(1)
Except as provided in paragraph (2), the''; and
(B) by adding at the end the following:
``(2) The maximum age limit for an original appointment to a
position as a firefighter or law enforcement officer (as defined by
section 8401(14) or (17), respectively) shall be 47 years of age, in
the case of an individual who on the effective date of such appointment
is eligible to receive retired pay or retainer pay for military
service, or pension or compensation from the Department of Veterans
Affairs instead of such retired or retainer pay.''.
(2) Other positions.--The maximum age limit for an original
appointment to a position as a member of the Capitol Police or
Supreme Court Police, nuclear materials courier (as defined
under section 8401(33) of title 5, United States Code), or
customs and border protection officer (as defined in section
8401(36) of title 5, United States Code) shall be 47 years of
age, in the case of an individual who on the effective date of
such appointment is eligible to receive retired pay or retainer
pay for military service, or pension or compensation from the
Department of Veterans Affairs instead of such retired or
retainer pay.
(b) Eligibility for Annuity.--Section 8412(d) of title 5, United
States Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by adding ``or'' at the end; and
(3) by inserting after paragraph (2) the following:
``(3) after becoming 57 years of age and completing 10
years of service as a law enforcement officer, member of the
Capitol Police or Supreme Court Police, firefighter, nuclear
materials courier, customs or border protection officer, or any
combination of such service totaling 10 years, if such
employee--
``(A) is originally appointed to a position as a
law enforcement officer, member of the Capitol Police
or Supreme Court Police, firefighter, nuclear materials
courier, or customs and border protection officer on or
after the effective date of this paragraph under
section 1083(e) of the National Defense Authorization
Act for Fiscal Year 2010;
``(B) on the date that original appointment met the
requirements of section 3307(e)(2) of this title or
section 1083(a)(2) of the National Defense
Authorization Act for Fiscal Year 2010.''.
(c) Mandatory Separation.--Section 8425 of title 5, United States
Code, is amended--
(1) in subsection (b)(1), in the first sentence, by
inserting ``, except that a law enforcement officer,
firefighter, nuclear materials courier, or customs and border
protection officer eligible for retirement under 8412(d)(3)
shall be separated from service on the last day of the month in
which that employee becomes 57 years of age'' before the
period;
(2) in subsection (c), in the first sentence, by inserting
``, except that a member of the Capitol Police eligible for
retirement under 8412(d)(3) shall be separated from service on
the last day of the month in which that employee becomes 57
years of age'' before the period; and
(3) in subsection (d), in the first sentence, by inserting
``, except that a member of the Supreme Court Police eligible
for retirement under 8412(d)(3) shall be separated from service
on the last day of the month in which that employee becomes 57
years of age'' before the period.
(d) Computation of Basic Annuity.--Section 8415(d) of title 5,
United States Code, is amended--
(1) in paragraph (1), by striking ``total service as'' and
inserting ``civilian service as a law enforcement officer,
member of the Capitol Police or Supreme Court Police,
firefighter, nuclear materials courier, customs and border
protection officer, or air traffic controller that, in the
aggregate,''; and
(2) in paragraph (2), by striking ``so much of such
individual's total service as exceeds 20 years'' and inserting
``the remainder of such individual's total service''.
(e) Effective Date.--This section (including the amendments made by
this section) shall take effect 60 days after the date of the enactment
of this Act and shall apply to appointments made on or after that
effective date.
SEC. 1087. SENSE OF CONGRESS ON MANNED AIRBORNE IRREGULAR WARFARE
PLATFORMS.
It is the sense of Congress that the Secretary of Defense should,
with regard to the development of manned airborne irregular warfare
platforms, coordinate requirements for such weapons systems with the
military services, including the reserve components.
SEC. 1088. EXTENSION OF SUNSET FOR CONGRESSIONAL COMMISSION ON THE
STRATEGIC POSTURE OF THE UNITED STATES.
(a) Findings.--Congress makes the following findings:
(1) Congress is grateful for the service and leadership of
the members of the bipartisan Congressional Commission on the
Strategic Posture of the United States, who, pursuant to
section 1062 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 319), spent
more than one year examining the strategic posture of the
United States in all of its aspects: deterrence strategy,
missile defense, arms control initiatives, and nonproliferation
strategies.
(2) The Commission, comprised of some of the most
preeminent scholars and technical experts in the United States
in the subject matter, found a bipartisan consensus on these
issues in its Final Report made public on May 6, 2009.
(3) Congress appreciates the service of former Secretary of
Defense William Perry, former Secretary of Defense and Energy
James Schlesinger, former Senator John Glenn, former
Congressman Lee Hamilton, Ambassador James Woolsey, Doctors
John Foster, Fred Ikle, Keith Payne, Morton Halperin, Ellen
Williams, Bruce Tarter, and Harry Cartland, and the United
States Institute of Peace.
(4) Congress values the work of the Commission and pledges
to work with President Barack Obama to address the findings and
review and consider the recommendations of the Commission.
(b) Extension of Sunset.--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), by
striking ``September 30, 2009'' and inserting ``September 30,
2010''; and
(3) by inserting after subsection (e) the following new
subsection:
``(f) Follow-on Report.--Following submittal of the report required
in subsection (e), the Commission may conduct public outreach and
discussion of the matters contained in the report.''.
SEC. 1089. ADDITIONAL MEMBERS AND DUTIES FOR INDEPENDENT PANEL TO
ASSESS THE QUADRENNIAL DEFENSE REVIEW.
(a) Finding.--Congress understands that the independent panel
appointed by the Secretary of Defense pursuant to section 118(f) of
title 10, United States Code, will be comprised of twelve members
equally divided on a bipartisan basis.
(b) Sense of Congress on Independent Panel.--It is the sense of
Congress that the independent panel appointed by the Secretary of
Defense pursuant to section 118(f) of title 10, United States Code,
should be comprised of members equally divided on a bipartisan basis.
(c) Additional Members.--
(1) In general.--For purposes of conducting the assessment
of the 2009 quadrennial defense review under section 118 of
title 10, United States Code (in this section referred to as
the ``2009 QDR''), the independent panel established under
subsection (f) of such section (in this section referred to as
the ``Panel'') shall include eight additional members to be
appointed as follows:
(A) Two by the chairman of the Committee on Armed
Services of the House of Representatives.
(B) Two by the chairman of the Committee on Armed
Services of the Senate.
(C) Two by the ranking member of the Committee on
Armed Services of the House of Representatives.
(D) Two by the ranking member of the Committee on
Armed Services of the Senate.
(2) Period of appointment; vacancies.--Any vacancy in an
appointment to the Panel under paragraph (1) shall be filled in
the same manner as the original appointment.
(d) Additional Duties of Panel for 2009 QDR.--In addition to the
duties of the Panel under section 118(f) of title 10, United States
Code, the Panel shall, with respect to the 2009 QDR--
(1) conduct 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; and
(2) make any recommendations it considers appropriate for
consideration.
(e) Report of Secretary of Defense.--Not later than 30 days after
the Panel submits its report with respect to the 2009 QDR under section
118(f)(2) of title 10, United States Code, the Secretary of Defense,
after consultation with the Chairman of the Joint Chiefs of Staff,
shall submit to the congressional defense committees any comments of
the Secretary on the report of the Panel.
(f) Termination.--The provisions of this section shall terminate on
the day that is 45 days after the date on which the Panel submits its
report with respect to the 2009 QDR under section 118(f)(2) of title
10, United States Code.
SEC. 1090. CONTRACTING IMPROVEMENTS.
(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively; and
(2) the terms ``HUBZone small business concern'', ``small
business concern'', ``small business concern owned and
controlled by service-disabled veterans'', and ``small business
concern owned and controlled by women'' have the same meanings
as in section 3 of the Small Business Act (15 U.S.C. 632).
(b) Contracting Opportunities.--Section 31(b)(2)(B) of the Small
Business Act (15 U.S.C. 657a(b)(2)(B)) is amended by striking ``shall''
and inserting ``may''.
(c) Contracting Goals.--Section 15(g)(1) of the Small Business Act
(15 U.S.C. 644(g)(1)) is amended in the fourth sentence by inserting
``and subcontract'' after ``not less than 3 percent of the total value
of all prime contract''.
(d) Mentor-Protege Programs.--The Administrator may establish
mentor-protege programs for small business concerns owned and
controlled by service-disabled veterans, small business concerns owned
and controlled by women, and HUBZone small business concerns modeled on
the mentor-protege program of the Administration for small business
concerns participating in programs under section 8(a) of the Small
Business Act (15 U.S.C. 637(a)).
SEC. 1091. NATIONAL D-DAY MEMORIAL STUDY.
(a) Definitions.--In this section:
(1) Area.--The term ``Area'' means in the National D-Day
Memorial in Bedford, Virginia.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Study.--
(1) In general.--The Secretary shall conduct a study of the
Area to evaluate the national significance of the Area and
suitability and feasibility of designating the Area as a unit
of the National Park System.
(2) Criteria.--In conducting the study required by
paragraph (1), the Secretary shall use the criteria for the
study of areas for potential inclusion in the National Park
System in section 8(c) of Public Law 91-383 (16 U.S.C. 1a-
5(c)).
(3) Contents.--The study required by paragraph (1) shall--
(A) determine the suitability and feasibility of
designating the Area as a unit of the National Park
System;
(B) include cost estimates for any necessary
acquisition, development, operation, and maintenance of
the Area; and
(C) identify alternatives for the management,
administration, and protection of the Area.
(c) Report.--Section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c))
shall apply to the conduct of the study required by this section,
except that the study shall be submitted to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate not later than 3 years after the
date on which funds are first made available for the study.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Personnel
SEC. 1101. REPEAL OF NATIONAL SECURITY PERSONNEL SYSTEM; DEPARTMENT OF
DEFENSE PERSONNEL AUTHORITIES.
(a) Repeal of Authority To Establish National Security Personnel
System.--Section 9902 of title 5, United States Code, is amended--
(1) by striking subsections (a), (b), (c), (d), (e), (i),
and (j); and
(2) by redesignating subsections (f), (g), and (h) as
subsections (d), (e), and (f) respectively.
(b) Period for Termination of National Security Personnel System.--
(1) Applicability of prior law to units in nsps.--
Notwithstanding the amendments made by this section, the
provisions of section 9902 of title 5, United States Code, as
in effect on the day before the date of the enactment of this
Act, shall apply to organizational and functional units
included in the National Security Personnel System as of
January 20, 2009, for a period of one year after the date of
the enactment of this Act.
(2) Transition of units from nsps.--The Secretary of
Defense shall ensure the orderly transition of all
organizational and functional units covered by paragraph (1)
from the National Security Personnel System by not later than
one year after the date of the enactment of this Act. The
Secretary shall ensure that no employee is subject to a
reduction in pay as a result of such transition.
(3) Removal of limitation on pay adjustment.--
Notwithstanding section 9902(e)(7) of title 5, United States
Code (as in effect on the day before the date of the enactment
of this Act), at the time of any annual adjustment to pay
schedules pursuant to section 5303 of such title during the
transitional period provided in paragraph (1), the rate of
basic pay for each employee described in section 9902(e)(7), as
so in effect, shall be adjusted by 100 percent of the amount of
such adjustment.
(4) Current rules invalid.--Any rule or implementing
issuance adopted before the date of the enactment of this Act
to implement any provision of section 9902 of title 5, United
States Code (other than subsections (d), (e), and (f) of such
section (as redesignated by subsection (a)(2))), shall cease to
be effective on the date that is one year after the date of the
enactment of this Act.
(c) Authority Relating to Personnel Management and Workforce
Incentives.--Section 9902 of such title is further amended by inserting
before subsection (d), as redesignated by subsection (a)(2) of this
section, the following new subsections:
``(a) Personnel Management.--(1) The Secretary may waive the
requirements of chapter 33, and the regulations implementing such
chapter, to the extent the Secretary considers appropriate to establish
and implement regulations providing for the following:
``(A) Fair, credible, and transparent methods of
establishing qualification requirements for, recruitment for,
and appointments to employment positions.
``(B) Fair, credible, and transparent methods of assigning,
reassigning, detailing, transferring, or promoting employees.
``(2) In implementing this subsection, the Secretary shall comply
with the provisions of section 2302(b)(11), regarding veterans'
preference requirements, in a manner comparable to that in which such
provisions are applied under chapter 33.
``(3) Any action taken by the Secretary under this subsection, or
to implement this subsection, shall be subject to the requirements
subsection (c) and chapter 71.
``(b) Performance Management and Workforce Incentives.--(1) The
Secretary may waive the requirements of chapters 43 (other than
sections 4302 and 4303(e)) and 45, and the regulations implementing
such chapters, to the extent the Secretary considers appropriate to
establish and implement regulations providing for the following:
``(A) A fair, credible, and transparent performance
appraisal system for employees.
``(B) A fair, credible, and transparent system for linking
employee bonuses and other performance-based actions to
performance appraisals of employees.
``(C) A process for ensuring ongoing performance feedback
and dialogue among supervisors, managers, and employees
throughout the appraisal period and setting timetables for
review.
``(2)(A) The Secretary may establish a fund to be known as the
`Department of Defense Civilian Workforce Incentive Fund' (in this
paragraph referred to as the `Fund').
``(B) The Fund shall consist of the following:
``(i) Amounts appropriated to the Fund.
``(ii) Amounts available for compensation of employees that
are transferred to the Fund.
``(C) Amounts in the Fund shall be available as follows:
``(i) For incentive payments to employees based on
individual or team performance.
``(ii) For incentive payments to employees for purposes of
the employment and retention as employees of qualified
individuals with particular competencies or qualifications.
``(3) Any action taken by the Secretary under this subsection, or
to implement this subsection, shall be subject to the requirements of
subsection (c) and chapter 71.
``(c) Criteria for Use of New Personnel Authorities.--In
establishing any new personnel management system under subsection (a)
or new performance management and workforce incentive system under
subsection (b), the Secretary shall--
``(1) adhere to merit principles set forth in section 2301;
``(2) include a means for ensuring employee involvement in
the design and implementation of such system;
``(3) provide for adequate training and retraining for
supervisors, managers, and employees in the implementation and
operation of such system;
``(4) include effective transparency and accountability
measures and safeguards to ensure that the management of such
system is fair, credible, and equitable, including appropriate
independent reasonableness reviews, internal assessments, and
employee surveys; and
``(5) ensure that adequate agency resources are allocated
for the design, implementation, and administration of such
system.''.
(d) Conforming Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 9902. Department of Defense personnel authorities''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 99 of such title is amended by striking
the item relating to section 9902 and inserting the following
new item:
``9902. Department of Defense personnel authorities.''.
(e) Modification of Implementation Authorities and Limitations.--
Section 1106 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 349) is amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) in subsection (b), as redesignated by paragraph (2)--
(A) by striking paragraph (1) and inserting the
following new paragraph (1):
``(1) The Comptroller General shall conduct annual reviews
in calendar years 2010, 2011, and 2012 of--
``(A) employee satisfaction with any processes
established pursuant to regulations promulgated by the
Secretary of Defense pursuant to section 9902 of title
5, United States Code; and
``(B) the extent to which any processes so
established are fair, credible, and transparent, as
required by such section 9902.''; and
(B) in paragraph (2), by striking ``the National
Security Personnel System'' and inserting ``any
processes established pursuant to such regulations''.
(f) Additional Conforming Amendment.--Section 1108(b) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4618; 10 U.S.C. 1580 note) is amended by
striking ``identified in section 9902(c)(2) of title 5, United States
Code.'' and inserting ``as follows:
``(1) The Aviation and Missile Research Development and
Engineering Center.
``(2) The Army Research Laboratory.
``(3) The Medical Research and Materiel Command.
``(4) The Engineer Research and Development Command.
``(5) The Communications-Electronics Command.
``(6) The Soldier and Biological Chemical Command.
``(7) The Naval Sea Systems Command Centers.
``(8) The Naval Research Laboratory.
``(9) The Office of Naval Research.
``(10) The Air Force Research Laboratory.''.
(g) Waiver.--Subsection (a) through (f) of this section and the
amendments made by such subsections shall not take effect if, not later
than 60 days after the date of the enactment of this Act, the Secretary
of Defense submits to the Committees on Armed Services of the Senate
and the House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on Oversight
and Government Reform of the House of Representatives a report that
includes--
(1) a certification that--
(A) the termination of the National Security
Personnel System would not be in the best interest of
the Department of Defense;
(B) the Secretary intends to implement changes
during fiscal year 2010 to improve the fairness,
credibility, and transparency of the National Security
Personnel System; and
(C) the Secretary has determined that the changes
to be made pursuant to subparagraph (B) will result in
improved employee acceptance of the National Security
Personnel System; and
(2) a description of the changes that the Secretary intends
to implement and the schedule for implementing such changes.
(h) Expansion Prohibited.--If the Secretary of Defense submits a
report and certification under subsection (g) and the National Security
Personnel System is not terminated, the National Security Personnel
System may not be extended to organizational and functional units of
the Department of Defense not included in such system as of June 1,
2009, unless specifically authorized by statute enacted after the date
of the enactment of this Act.
SEC. 1102. EXTENSION AND MODIFICATION OF EXPERIMENTAL PERSONNEL
MANAGEMENT PROGRAM FOR SCIENTIFIC AND TECHNICAL
PERSONNEL.
(a) Three-Year Extension.--Subsection (e)(1) of section 1101 of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(5 U.S.C. 3104 note) is amended by striking ``September 30, 2011'' and
inserting ``September 30, 2014''.
(b) Limitations on Additional Payments.--Such section is further
amended--
(1) in subsection (b)(3), by striking ``under subsection
(d)(1)'' and inserting ``under subsection (d)''; and
(2) by striking subsection (d) and inserting the following
new subsection (d):
``(d) Limitations on Additional Payments.--(1) Subject to paragraph
(3), the total amount of additional payments paid to an employee under
subsection (b)(3) for any 12-month period may not exceed the lesser of
the amounts as follows:
``(A) $50,000 in fiscal year 2010, which may be adjusted
annually thereafter by the Secretary, with a percentage
increase equal to one-half of 1 percentage point less than the
percentage by which the Employment Cost Index, published
quarterly by the Bureau of Labor Statistics, for the base
quarter of the year before the preceding calendar year exceeds
the Employment Cost Index for the base quarter of the second
year before the preceding calendar year.
``(B) The amount equal to 50 percent of the employee's
annual rate of basic pay.
``(2) In paragraph (1), the term `base quarter' has the meaning
given that term in section 5302(3) of title 5, United States Code.
``(3) Notwithstanding any other provision of this section or
section 5307 of title 5, United States Code, no additional payments may
be paid to an employee under subsection (b)(3) in any calendar year if,
or to the extent that, the employee's total annual compensation in such
calendar year will exceed the maximum amount of total annual
compensation payable at the salary set in accordance with section 104
of title 3, United States Code.
``(4) An employee appointed under the program is not eligible for
any bonus, monetary award, or other monetary incentive for service
under the appointment other than payments authorized by this
section.''.
(c) Reporting Requirements.--Paragraph (1) of subsection (g) of
such section is amended to read as follows:
``(1)(A) Not later than December 31 each year in which the
authority under this section is in effect, the Secretary of Defense
shall submit to the committees of Congress specified in subparagraph
(B) a report on the program. Each report shall cover the 12-month
period preceding the date of the submittal of such report.
``(B) The committees of Congress specified in this subparagraph
are--
``(i) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
``(ii) the Committee on Armed Services, the Committee on
Oversight and Government Reform, and the Committee on
Appropriations of the House of Representatives''.
SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
(a) Extension of Authority.--Subsection (a) of section 1101 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4615) is amended by striking ``calendar
year 2009'' and inserting ``calendar years 2009 and 2010''.
(b) Clarification of Exemption From Aggregate Limitations on Pay.--
Subsection (b) of such section is amended by striking ``Section 5307 of
title 5, United States Code'' and inserting ``Aggregate limitations on
pay, whether established by law or regulation''.
SEC. 1104. AVAILABILITY OF FUNDS FOR COMPENSATION OF CERTAIN CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
(a) Availability of Funds.--Notwithstanding any other provision of
law, funds authorized to be appropriated for the Department of Defense
that are available for the purchase of contract services to meet a
requirement that is anticipated to continue for five years or more
shall be available to provide compensation for civilian employees of
the Department to meet the same requirement.
(b) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall prescribe regulations
implementing the authority in subsection (a). Such regulations--
(1) shall ensure that the authority in subsection (a) is
utilized to build government capabilities that are needed to
perform inherently governmental functions, functions closely
associated with inherently governmental functions, and other
critical functions;
(2) shall include a mechanism to ensure that follow-on
funding to provide compensation for civilian employees of the
Department to perform functions described in paragraph (1) is
provided from appropriate accounts; and
(3) may establish additional criteria and levels of
approval within the Department for the utilization of funds to
provide compensation for civilian employees of the Department
pursuant to subsection (a).
(c) Annual Report.--Not later than 60 days after the end of each
fiscal year for which the authority in subsection (a) is in effect, the
Secretary shall submit to the congressional defense committees a report
on the use of such authority. Each report shall cover the preceding
fiscal year and shall identify, at a minimum, the following:
(1) The amount of funds used under the authority in
subsection (a) to provide compensation for civilian employees.
(2) The source or sources of the funds so used.
(3) The number of civilian employees employed through the
use of such funds.
(4) The actions taken by the Secretary to ensure that
follow-on funding for such civilian employees is provided
through appropriate accounts.
(d) Temporary Authority.--The authority in subsection (a) shall
apply to funds authorized to be appropriated for the Department of
Defense fiscal years 2010 through 2019.
SEC. 1105. DEPARTMENT OF DEFENSE CIVILIAN LEADERSHIP PROGRAM.
(a) Leadership Program Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a program of leadership recruitment and development
for civilian employees of the Department of Defense, to be
known as the ``Department of Defense Civilian Leadership
Program'' (in this section referred to as the ``program'').
(2) Objectives.--The objectives of the program shall be as
follows:
(A) To develop a new generation of civilian leaders
for the Department of Defense.
(B) To recruit individuals with the academic merit,
work experience, and demonstrated leadership skills to
meet the future needs of the Department.
(C) To offer rapid advancement, competitive
compensation, and leadership opportunities to highly-
qualified civilian employees of the Department.
(3) Available authorities.--In carrying out the program,
the Secretary may exercise any authority available to the
Office of Personnel Management under section 4703 of title 5,
United States Code, except that the Secretary shall not be
bound by the limitations in subsection (d) of such section.
Nothing in this section shall be construed to authorize the
waiver of any part of chapter 71 of title 5, United States
Code, or any regulation implementing such chapter, in the
carrying out of the program.
(b) Eligible Individuals.--
(1) In general.--The following individuals shall be
eligible to participate in the program:
(A) Current employees of the Department of Defense.
(B) Appropriate individuals in the private sector.
(2) Limitation on number of entrants into program.--The
total number of individuals who may enter into the program in
any fiscal year may not exceed 5,000.
(c) Elements of Program.--
(1) Competitive entry.--The selection of individuals for
entry into the program shall be made on the basis of a
competition conducted at least twice each year. In each
competition, participants in the program shall be selected from
among applicants determined by the Secretary to be the most
highly qualified in terms of academic merit, work experience,
and demonstrated leadership skills. Each competition shall
provide for entry-level participants and midcareer participants
in the program.
(2) Allocation of positions.--The Secretary shall allocate
positions in the program among the components of the Department
of Defense that--
(A) offer the most challenging assignments;
(B) provide the greatest level of responsibility;
and
(C) demonstrate the greatest need for participants
in the program.
(3) Assignments to positions.--Participants in the program
shall be assigned to components of the Department that best
match their skills and qualifications. Participants in the
program may be rotated among components of the Department of
Defense at the discretion of the Secretary.
(4) Initial compensation.--The initial compensation of
participants in the program shall be determined by the
Secretary based on the qualifications of such participants and
applicable market conditions.
(5) Education and training.--The Secretary shall provide
participants in the program with training, mentoring, and
educational opportunities that are appropriate to facilitate
the development of such participants into effective civilian
leaders for the Department of Defense.
(6) Objective, merit-based principles for personnel
decisions.--The Secretary shall make personnel decisions under
the program in accordance with such objective, merit-based
criteria as the Secretary shall prescribe in regulations for
purposes of the program. Such criteria shall include, but not
be limited to, criteria applicable to the following:
(A) The selection of individuals for entry into the
program.
(B) The assignment of participants in the program
to positions in the Department of Defense.
(C) The initial compensation of participants in the
program.
(D) The access of participants in the program to
training, mentoring, and educational opportunities
under the program.
(E) The consideration of participants in the
program for selection into the senior management,
functional, and technical workforce of the Department.
(7) Consideration for senior management, functional, and
technical workforce.--Any participant in the program who, as
determined by the Secretary, demonstrates outstanding
performance shall be afforded priority in consideration for
selection into the appropriate element of the senior
management, functional, and technical workforce of the
Department of Defense (as set forth in section 1102(b) of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2407)).
SEC. 1106. REVIEW OF DEFENSE LABORATORIES FOR PARTICIPATION IN DEFENSE
LABORATORY PERSONNEL DEMONSTRATION PROJECTS.
(a) Review Required.--The Secretary of Defense shall undertake a
review of defense laboratories not currently included in personnel
demonstration projects authorized by section 342(b) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2721), as amended by section 1114 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-315), to determine whether or not
any laboratory so reviewed would benefit from the extension to such
laboratory of the personnel management flexibilities available under
such section 342(b), as so amended.
(b) Covered Laboratories.--The laboratories covered by the review
required by subsection (a) shall include, but not be limited to, the
following:
(1) Laboratories within the Army Research, Development, and
Engineering Command.
(2) Army Tank and Automotive Research, Development, and
Engineering Center.
(3) Army Armament Research, Development, and Engineering
Center.
(4) Naval Air Warfare Center, Weapons Division.
(5) Naval Air Warfare Center, Aircraft Division.
(6) Space and Naval Warfare Systems Center, Pacific.
(7) Space and Naval Warfare Systems Center, Atlantic.
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report setting forth the
results of the review required by subsection (a).
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Oversight and Government Reform, and the Committee
on Appropriations of the House of Representatives.
Subtitle B--Part-Time Reemployment of Annuitants
SEC. 1161. SHORT TITLE.
This subtitle may be cited as the ``Part-Time Reemployment of
Annuitants Act of 2009''.
SEC. 1162. PART-TIME REEMPLOYMENT.
(a) Civil Service Retirement System.--Section 8344 of title 5,
United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than
the Department of Defense or the Government
Accountability Office;
``(ii) the head of the United States Postal
Service;
``(iii) the Director of the Administrative Office
of the United States Courts, with respect to employees
of the judicial branch; and
``(iv) any employing authority described under
subsection (k)(2), other than the Government
Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of subsection
(a) or (b) with respect to any annuitant who is employed in such agency
as a limited time appointee, if the head of the agency determines that
the employment of the annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5) or the Troubled Asset Relief Program under title I of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et
seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application of
subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by the
head of an agency under this subsection or section 8468(i) applies may
not exceed 2.5 percent of the total number of full-time employees of
that agency.
``(B) If the total number of annuitants to whom a waiver by the
head of an agency under this subsection or section 8468(i) applies
exceeds 1 percent of the total number of full-time employees of that
agency, the head of that agency shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Oversight and Government Reform of the House of Representatives, and
the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management may
promulgate regulations providing for the administration of this
subsection.
``(B) Any regulations promulgated under subparagraph (A) may--
``(i) provide standards for the maintenance and
form of necessary records of employment under this
subsection;
``(ii) to the extent not otherwise expressly
prohibited by law, require employing agencies to
provide records of such employment to the Office of
Personnel Management or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient
periods substantially equivalent to 12 months, such as
26 pay periods, to be used in determining compliance
with paragraph (3)(B);
``(iv) include such other administrative
requirements as the Director of the Office of Personnel
Management may find appropriate to provide for the
effective operation of, or to ensure compliance with,
this subsection; and
``(v) encourage the training and mentoring of
employees by any limited time appointee employed under
this subsection.
``(6)(A) Any hours of training or mentoring of employees by any
limited time appointee employed under this subsection shall not be
included in the hours of service performed for purposes of paragraph
(3), but those hours of training or mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or mentoring of
employees, the hours of that service shall be included in the hours of
service performed for purposes of paragraph (3).
``(7) The authority of the head of an agency under this subsection
to waive the application of subsection (a) or (b) shall terminate 5
years after the date of enactment of the Part-Time Reemployment of
Annuitants Act of 2009.''; and
(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and
inserting ``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and
inserting ``(k), or (l)''.
(b) Federal Employee Retirement System.--Section 8468 of title 5,
United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:
``(i)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than
the Department of Defense or the Government
Accountability Office;
``(ii) the head of the United States Postal
Service;
``(iii) the Director of the Administrative Office
of the United States Courts, with respect to employees
of the judicial branch; and
``(iv) any employing authority described under
subsection (h)(2), other than the Government
Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of subsection
(a) with respect to any annuitant who is employed in such agency as a
limited time appointee, if the head of the agency determines that the
employment of the annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5) or the Troubled Asset Relief Program under title I of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et
seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application of
subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by the
head of an agency under this subsection or section 8344(l) applies may
not exceed 2.5 percent of the total number of full-time employees of
that agency.
``(B) If the total number of annuitants to whom a waiver by the
head of an agency under this subsection or section 8344(l) applies
exceeds 1 percent of the total number of full-time employees of that
agency, the head of that agency shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Oversight and Government Reform of the House of Representatives, and
the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management may
promulgate regulations providing for the administration of this
subsection.
``(B) Any regulations promulgated under subparagraph (A) may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay periods,
to be used in determining compliance with paragraph (3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to ensure
compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by any
limited time appointee employed under this subsection shall not be
included in the hours of service performed for purposes of paragraph
(3), but those hours of training or mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or mentoring of
employees, the hours of that service shall be included in the hours of
service performed for purposes of paragraph (3).
``(7) The authority of the head of an agency under this subsection
to waive the application of subsection (a) shall terminate 5 years
after the date of enactment of the Part-Time Reemployment of Annuitants
Act of 2009.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and
inserting ``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and
inserting ``(h), or (i)''.
(c) Rule of Construction.--Nothing in the amendments made by this
section may be construed to authorize the waiver of the hiring
preferences under chapter 33 of title 5, United States Code in
selecting annuitants to employ in an appointive or elective position.
(d) Technical and Conforming Amendments.--Section 1005(d)(2) of
title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''.
SEC. 1163. GENERAL ACCOUNTABILITY OFFICE REPORT.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of the
House of Representatives a report regarding the use of the authority
under the amendments made by section 1162.
(b) Contents.--The report submitted under subsection (a) shall--
(1) include the number of annuitants for whom a waiver was
made under subsection (l) of section 8344 of title 5, United
States Code, as amended by this subtitle, or subsection (i) of
section 8468 of title 5, United States Code, as amended by this
subtitle; and
(2) identify each agency that used the authority described
in paragraph (1).
(c) Agency Data.--Each head of an agency (as defined under sections
8344(l)(1) and 8468(i)(1)(A) of title 5, United States Code, as added
by section 1162 of this subtitle) shall--
(1) collect and maintain data necessary for purposes of the
Comptroller General report submitted under subsection (a); and
(2) submit to the Comptroller General that data as the
Comptroller General requires in a timely fashion.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. INCREASE IN UNIT COST THRESHOLD FOR PURCHASES USING CERTAIN
FUNDS UNDER THE COMBATANT COMMANDER INITIATIVE FUND.
(a) Increase.--
(1) In general.--Subsection (e)(1)(A) of section 166a of
title 10, United States Code, is amended by striking
``$15,000'' and inserting ``the investment unit threshold in
effect under section 2245a of this title''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2009, and shall apply with
respect to funds available under the Combatant Commander
Initiative Fund for fiscal years that being on or after that
date.
(b) Clarifying Amendments.--
(1) Clerical amendment.--The section heading of such
section is amended to read as follows:
``Sec. 166a. Combatant commands: funding through the Chairman of the
Joint Chiefs of Staff from Combatant Commander Initiative
Fund''.
(2) Table of sections.--The table of sections at the
beginning of chapter 6 of such title is amended by striking the
item relating to section 166a and inserting the following new
item:
``166a. Combatant commands: funding through the Chairman of the Joint
Chiefs of Staff from Combatant Commander
Initiative Fund.''.
SEC. 1202. AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES AND SUPPORT TO
COALITION LIAISON OFFICERS OF CERTAIN FOREIGN NATIONS
ASSIGNED TO UNITED STATES JOINT FORCES COMMAND.
(a) Extension of Authority.--Subsection (a) of section 1051a of
title 10, United States Code, is amended--
(1) by striking ``assigned temporarily'' and inserting
``assigned temporarily as follows:'';
(2) by designating the remainder of the text of that
subsection as paragraph (1) and indenting that text two ems
from the left margin;
(3) in paragraph (1), as so designated, by striking ``to
the headquarters'' and inserting ``To the headquarters''; and
(4) by adding at the end the following new paragraph:
``(2) To the headquarters of the combatant command assigned
by the Secretary of Defense the mission of joint warfighting
experimentation and joint forces training.''.
(b) Effective Date.--Paragraph (2) of section 1051a(a) of title 10,
United States Code (as added by subsection (a)), shall take effect on
October 1, 2009, or the date of the enactment of this Act, whichever is
later.
SEC. 1203. MODIFICATION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE
CAPACITY OF FOREIGN MILITARY FORCES.
(a) Temporary Limitation on Amount for Building Capacity for
Military and Stability Operations.--Section 1206(c) of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3456), as amended by section 1206 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2418) and section 1206 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4625), is further amended by adding at the end the following new
paragraph:
``(5) Temporary limitation on amount for building capacity
to participate in or support military and stability
operations.--Of the funds used to carry out a program under
subsection (a), not more than $75,000,000 may be used during
fiscal year 2010, and not more than $75,000,000 may be used
during fiscal year 2011, for purposes described in subsection
(a)(1)(B).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2009, and shall apply with respect to
programs under section 1206(a) of the National Defense Authorization
Act for Fiscal Year 2006 that begin on or after that date.
SEC. 1204. MODIFICATION OF NOTIFICATION AND REPORTING REQUIREMENTS FOR
USE OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.
(a) Notification.--Section 1208(c) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086), as amended by section 1208(b) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4626), is further amended to read as follows:
``(c) Notification.--
``(1) Support for foreign forces.--The Secretary of Defense
shall notify the congressional defense committees
expeditiously, and in any event not later than 48 hours,
after--
``(A) using the authority provided in subsection
(a) to make funds available for foreign forces in
support of an approved military operation; or
``(B) changing the scope or funding level of any
such support.
``(2) Support for irregular forces, groups, or
individuals.--The Secretary of Defense may not exercise the
authority provided in subsection (a) to make funds available
for irregular forces or a group (other than foreign forces) or
individual in support of an approved military operation, or
change the scope or funding level of such support, until 72
hours after notifying the congressional defense committees of
the use of such authority with respect to that operation or
such change in scope or funding level.
``(3) Content.--Notifications required under this
subsection shall include the following information:
``(A) The type of support provided or to be
provided to United States special operations forces.
``(B) The type of support provided or to be
provided to the recipient of the funds.
``(C) The intended duration of the support.
``(D) The amount obligated under the authority to
provide support.''.
(b) Annual Report.--Section 1208(f) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2086) is amended in the second sentence by striking
``shall describe the support'' and all that follows through the period
at the end and inserting ``shall include the following information:
``(1) A description of supported operations.
``(2) A summary of operations.
``(3) The type of recipients that received support,
identified by authorized category (foreign forces, irregular
forces, groups, or individuals).
``(4) The total amount obligated in the previous fiscal
year, including budget details.
``(5) The total amount obligated in prior fiscal years.
``(6) The intended duration of support.
``(7) A description of support or training provided to the
recipients of support.
``(8) A value assessment of the operational support
provided.''.
SEC. 1205. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN
COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES
MILITARY OPERATIONS.
(a) Expansion of Authority.--Section 1233 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
393) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by striking subsection (a) and inserting the following
new subsections:
``(a) Reimbursement.--
``(1) In general.--Using applicable funds referred to in
paragraph (2), the Secretary of Defense may reimburse any key
cooperating nation for the following:
``(A) During fiscal year 2008, logistical and
military support provided by that nation to or in
connection with United States military operations in
Operation Iraqi Freedom or Operation Enduring Freedom.
``(B) During fiscal year 2010, logistical,
military, and other support, including access, provided
by that nation to or in connection with United States
military operations described in subparagraph (A).
``(2) Covered funds.--The funds referred to in this
subsection are the following:
``(A) For purposes of paragraph (1)(A), amounts
authorized to be appropriated for fiscal year 2008 by
section 1508 for operation and maintenance.
``(B) For purposes of paragraph (1)(B), amounts
authorized to be appropriated for fiscal year 2010 by
section 1507(5) for operation and maintenance, Defense-
wide activities.
``(b) Other Support.--Using funds described in subsection
(a)(2)(B), the Secretary of Defense may also assist any key cooperating
nation supporting United States military operations in Operation Iraqi
Freedom or Operation Enduring Freedom in Afghanistan through the
following:
``(1) The provision of specializing training to personnel
of that nation in connection with such operations, including
training of such personnel before deployment in connection with
such operations.
``(2) The procurement and provision of supplies to that
nation in connection with such operations.
``(3) The procurement of specialized equipment and the
loaning of such specialized equipment to that nation on a non-
reimbursable basis in connection with such operations.''.
(b) Amounts of Support.--Paragraph (2) of subsection (c) of such
section, as redesignated by subsection (a)(1) of this section, is
amended to read as follows:
``(2) Support.--Support authorized by subsection (b) may be
provided in such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State and in consultation with
the Director of the Office of Management and Budget, considers
appropriate.''.
(c) Limitations on Amounts During Fiscal Year 2010.--Paragraph (1)
of subsection (d) of such section, as so redesignated, is amended to
read as follows:
``(1) Limitations on amounts.--(A) The total amount of
reimbursements made under the authority in subsection (a)
during fiscal year 2008 may not exceed $1,200,000,000.
``(B) The aggregate amount of reimbursements made under
subsection (a) and support provided under subsection (b) during
fiscal year 2010 may not exceed $1,600,000,000.''.
(d) Notice to Congress.--Subsection (e) of such section, as so
redesignated, is amended by striking ``shall--'' and all that follows
and inserting ``shall notify the congressional defense committees not
later than 15 days before making any reimbursement under the authority
in subsection (a) or providing any support under the authority in
subsection (b).''.
(e) Reports.--Such section is further amended by adding at the end
the following new subsection:
``(f) Reports.--The Secretary of Defense shall submit to the
congressional defense committees on a quarterly basis a report on any
reimbursements made under the authority in subsection (a), and any
support provided under the authority in subsection (b), during such
quarter.''.
(f) Extension of Notice on Reimbursement of Pakistan for Support
Provided by Pakistan.--Section 1232(b)(6) of the National Defense
Authorization Act for Fiscal Year 2008 (122 Stat. 393), as amended by
section 1217 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4634), is further
amended by striking ``September 30, 2010'' and inserting ``September
30, 2011''.
SEC. 1206. ONE-YEAR EXTENSION AND EXPANSION OF COMMANDERS' EMERGENCY
RESPONSE PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Commanders' Emergency Response Program provides
United States military commanders in theater a valuable tool
for accomplishing the counterinsurgency mission in Iraq and
Afghanistan by enabling military commanders to fund urgent
humanitarian relief and reconstruction requirements by carrying
out programs that will immediately assist the people of those
countries; and
(2) United States military commanders utilizing Commanders'
Emergency Response Program funds in Afghanistan, and Provincial
Reconstruction Teams in Afghanistan using such funds or other
United States humanitarian or reconstruction assistance, should
whenever possible coordinate the funding of projects with local
councils, particularly Community Development Councils
established under the Afghanistan National Solidarity Program,
and take actions that promote the importance and effectiveness
of local and national government entities.
(b) One-Year Extension of Authority.--
(1) Authority for fiscal year 2010.--Subsection (a) of
section 1202 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as
amended by section 1205 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 366)
and section 1214 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4630), is further amended--
(A) in the subsection heading, by striking ``Fiscal
Years 2008 and 2009'' and inserting ``Fiscal Year
2010'';
(B) by striking ``each of fiscal years 2008 and
2009'' and inserting ``fiscal year 2010'';
(C) by striking ``for such fiscal year''; and
(D) by striking ``$1,700,000,000 in fiscal year
2008 and $1,500,000,000 in fiscal year 2009'' and
inserting ``$1,400,000,000''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2009.
(c) Extension of Due Date for Quarterly Reports.--Subsection (b)(1)
of such section is amended--
(1) by striking ``15 days'' and inserting ``30 days''; and
(2) by striking ``fiscal years 2008 and 2009'' and
inserting ``any fiscal year during which the authority under
subsection (a) is in effect''.
(d) Authority To Transfer Funds for Support of Afghanistan National
Solidarity Program.--Such section is further amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Authority To Transfer Funds for Support of Afghanistan
National Solidarity Program.--
``(1) Authority.--If the Secretary of Defense determines
that the use of Commanders' Emergency Response Program funds to
support the Afghanistan National Solidarity Program would
enhance counterinsurgency operations or stability operations in
Afghanistan, the Secretary of Defense may transfer funds, from
amounts available for the Commanders' Emergency Response
Program for fiscal year 2010, to the Secretary of State for
purposes of supporting the Afghanistan National Solidarity
Program.
``(2) Limitation.--The amount of funds transferrable under
paragraph (1) may not exceed $100,000,000.
``(3) Congressional notification.--Not later than 15 days
before transferring funds under paragraph (1), the Secretary of
Defense shall submit to the congressional defense committees a
report setting forth the Secretary's determination pursuant to
paragraph (1) and a description of the amount of funds to be
transferred under that paragraph.''.
(e) Technical Amendments.--Subsections (e)(1) and (f)(1) of such
section are amended by striking ``the date of the enactment of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009''
and inserting ``October 14, 2008,''.
SEC. 1207. ONE-YEAR EXTENSION OF AUTHORITY FOR SECURITY AND
STABILIZATION ASSISTANCE.
Section 1207(g) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458), as amended by
section 1210 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 369) and section 1207 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4625), is further amended by striking
``September 30, 2009'' and inserting ``September 30, 2010''.
SEC. 1208. AUTHORITY FOR NON-RECIPROCAL EXCHANGES OF DEFENSE PERSONNEL
BETWEEN THE UNITED STATES AND FOREIGN COUNTRIES.
(a) Authority To Enter Into Non-Reciprocal International Exchange
Agreements.--
(1) In general.--The Secretary of Defense may enter into
non-reciprocal international defense personnel exchange
agreements.
(2) International defense personnel exchange agreements
defined.--For purposes of this section, an international
defense personnel exchange agreement is an agreement with the
government of an ally of the United States or another friendly
foreign country for the exchange of military and civilian
personnel of the defense ministry of that foreign government.
(b) Assignment of Personnel.--
(1) In general.--Pursuant to a non-reciprocal international
defense personnel exchange agreement, personnel of the defense
ministry of a foreign government may be assigned to positions
in the Department of Defense.
(2) Mutual agreement required.--An individual may not be
assigned to a position pursuant to a non-reciprocal
international defense personnel exchange agreement unless the
assignment is acceptable to both governments.
(c) Payment of Personnel Costs.--
(1) In general.--The foreign government with which the
United States has entered into a non-reciprocal international
defense personnel exchange agreement shall pay the salary, per
diem, cost of living, travel costs, cost of language or other
training, and other costs for its personnel in accordance with
the applicable laws and regulations of such government.
(2) Excluded costs.--Paragraph (1) does not apply to the
following costs:
(A) The cost of training programs conducted to
familiarize, orient, or certify exchanged personnel
regarding unique aspects of the assignments of the
exchanged personnel.
(B) Costs incident to the use of facilities of the
United States Government in the performance of assigned
duties.
(d) Prohibited Conditions.--No personnel exchanged pursuant to a
non-reciprocal agreement under this section may take or be required to
take an oath of allegiance or to hold an official capacity in the
government.
(e) Duration of Authority.--The authority under this section shall
expire on December 31, 2011.
SEC. 1209. DEFENSE COOPERATION BETWEEN THE UNITED STATES AND IRAQ.
(a) Findings.--The Senate makes the following findings:
(1) As United States forces continue their redeployment
from Iraq, the quality of the Iraqi Security Forces and the
nature of their training and equipment will play an
increasingly important role.
(2) Despite the decrease in violence in Iraq, Iraq
continues to face formidable threats to its national security.
(3) There are many benefits to the United States and Iraq
resulting from the strategic relationship that exists between
the two nations.
(4) Enhancing the capabilities of the Iraqi Security Forces
and strengthening the defense cooperation between the United
States and Iraq will help ensure that Iraq has the military
strength and political support necessary to enhance its
internal and regional security.
(b) Availability of Professional Military Education for Iraq
Security Forces.--The Secretary of Defense shall endeavor to increase
the number of positions in professional military education courses,
including courses at command and general staff colleges, war colleges,
and the service academies, that are made available annually to
personnel of the security forces of the Government of Iraq.
SEC. 1210. REPORT ON ALTERNATIVES TO USE OF ACQUISITION AND CROSS-
SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT FOR
PERSONNEL PROTECTION AND SURVIVABILITY.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth and assessing
various alternatives to the use of acquisition and cross-servicing
agreements pursuant to the temporary authority in section 1202 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2412), as amended by section 1252 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 402), for purposes of lending covered military
equipment to military forces of nations as follows:
(1) A nation participating in combined operations with the
United States in Iraq and Afghanistan.
(2) A nation participating in combined operations with the
United States as part of a peacekeeping operation under the
Charter of the United Nations or another international
agreement.
(b) Covered Military Equipment Defined.--In this section, the term
``covered military equipment'' has the meaning given that term in
section 1202(d)(1) of the John Warner National Defense Authorization
Act for Fiscal Year 2007.
SEC. 1211. ENSURING IRAQI SECURITY THROUGH DEFENSE COOPERATION BETWEEN
THE UNITED STATES AND IRAQ.
The President may treat an undertaking by the Government of Iraq
that is made between the date of the enactment of this Act and December
31, 2011, as a dependable undertaking described in section 22(a) of the
Arms Export Control Act (22 U.S.C. 2762(a)) for purposes of entering
into contracts for the procurement of defense articles and defense
services as provided for in that section.
SEC. 1212. AVAILABILITY OF APPROPRIATED FUNDS FOR THE STATE PARTNERSHIP
PROGRAM.
(a) Availability of Appropriated Funds.--The Secretary of Defense
may, under regulations prescribed by the Secretary, use funds
appropriated to the Department of Defense for fiscal year 2010 to pay
the costs incurred by the National Guard (including the costs of pay
and allowances of members of the National Guard) in conducting
activities under the State Partnership Program--
(1) to support the objectives of the commander of the
combatant command for the theater of operations in which such
activities are conducted; or
(2) to build international civil-military partnerships and
capacity on matters relating to defense and security.
(b) Limitations.--
(1) Approval by commander of combatant command and chief of
mission.--Funds shall not be available under subsection (a) for
activities conducted under the State Partnership Program in a
foreign country unless such activities are jointly approved by
the commander of the combatant command concerned and the chief
of mission concerned.
(2) Participation by members.--Funds shall not be available
under subsection (a) for the participation of a member of the
National Guard in activities conducted under the State
Partnership Program in a foreign country unless the member is
on active duty in the Armed Forces at the time of such
participation.
(c) Reimbursement.--In the event of the participation of personnel
of a department or agency of the United States Government (other than
the Department of Defense) in activities for which payment is made
under subsection (a), the head of such department or agency shall
reimburse the Secretary of Defense for the costs associated with the
participation of such personnel in such activities. Amounts reimbursed
the Department of Defense under this subsection shall be deposited in
the appropriation or account from which amounts for the payment
concerned were derived. Any amounts so deposited shall be merged with
amounts in such appropriation or account, and shall be available for
the same purposes, and subject to the same conditions and limitations,
as amounts in such appropriation or account.
SEC. 1213. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE
SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ AND
AFGHANISTAN.
(a) Authority.--The President is authorized to transfer defense
articles from the stocks of the Department of Defense, and to provide
defense services in connection with the transfer of such defense
articles, to--
(1) the military and security forces of Iraq to support the
efforts of those forces to restore and maintain peace and
security in that country; and
(2) the military and security forces of Afghanistan to
support the efforts of those forces to restore and maintain
peace and security in that country.
(b) Limitations.--
(1) Value.--The aggregate replacement value of all defense
articles transferred and defense services provided under
subsection (a) may not exceed $500,000,000.
(2) Source of transferred defense articles.--The authority
under subsection (a) may only be used for defense articles
that--
(A) immediately before the transfer were in use to
support operations in Iraq;
(B) were present in Iraq as of the date of
enactment of this Act; and
(C) are no longer required by United States forces
in Iraq.
(c) Applicable Law.--Any defense articles transferred or defense
services provided to Iraq or Afghanistan under the authority of
subsection (a) shall be subject to the authorities and limitations
applicable to excess defense articles under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j), other than the authorities
and limitations contained in subsections (b)(1)(B), (e), (f), and (g)
of such section.
(d) Report.--
(1) In general.--The President may not exercise the
authority under subsection (a) until 30 days after the
Secretary of Defense, with the concurrence of the Secretary of
State, provides the appropriate congressional committees a
report on the plan for the disposition of equipment and other
property of the Department of Defense in Iraq.
(2) Elements of report.--The report required under
paragraph (1) shall include the following elements:
(A) An assessment of--
(i) the types and quantities of defense
articles required by the military and security
forces of Iraq to support the efforts of those
military and security forces to restore and
maintain peace and security in Iraq; and
(ii) the types and quantities of defense
articles required by the military and security
forces of Afghanistan to support the efforts of
those military and security forces to restore
and maintain peace and security in Afghanistan.
(B) A description of the authorities available for
addressing the requirements identified in subparagraph
(A).
(C) A description of the process for inventorying
equipment and property, including defense articles, in
Iraq owned by the Department of Defense, including
equipment and property owned by the Department of
Defense and under the control of contractors in Iraq.
(D) A description of the types of defense articles
that the Department of Defense intends to transfer to
the military and security forces of Iraq and an
estimate of the quantity of such defense articles to be
transferred.
(E) A description of the process by which potential
requirements for defense articles to be transferred
under the authority provided in subsection (a), other
than the requirements of the security forces of Iraq or
Afghanistan, are identified and the mechanism for
resolving any potential conflicting requirements for
such defense articles.
(F) A description of the plan, if any, for
reimbursing military departments from which non-excess
defense articles are transferred under the authority
provided in subsection (a).
(G) An assessment of the efforts by the Government
of Iraq to identify the requirements of the military
and security forces of Iraq for defense articles to
support the efforts of those forces to restore and
maintain peace and security in that country.
(H) An assessment of the ability of the Governments
of Iraq and Afghanistan to absorb the costs associated
with possessing and using the defense articles to be
transferred.
(I) A description of the steps taken by the
Government of Iraq to procure or acquire defense
articles to meet the requirements of the military and
security forces of Iraq, including through military
sales from the United States.
(e) Notification.--
(1) In general.--The President may not transfer defense
articles or provide defense services under subsection (a) until
15 days after the date on which the President has provided
notice of the proposed transfer of defense articles or
provision of defense services to the appropriate congressional
committees.
(2) Contents.--Such notification shall include--
(A) a description of the amount and type of each
defense article to be transferred or defense services
to be provided;
(B) a statement describing the current value of
such article and the estimated replacement value of
such article;
(C) an identification of the military department
from which the defense articles being transferred are
drawn;
(D) an identification of the element of the
military or security force that is the proposed
recipient of each defense article to be transferred or
defense service to be provided;
(E) an assessment of the impact of the transfer on
the national technology and industrial base and,
particularly, the impact on opportunities of entities
in the national technology and industrial base to sell
new or used equipment to the countries to which such
articles are to be transferred; and
(F) a certification by the President that--
(i) the Secretary of Defense has determined
that--
(I) the defense articles to be
transferred are no longer required by
United States forces in Iraq;
(II) the proposed transfer of such
defense articles will not adversely
impact the military preparedness of the
United States;
(III) immediately before the
transfer, the defense articles to be
transferred were being used to support
operations in Iraq;
(IV) the defense articles to be
transferred were present in Iraq as of
the date of enactment of this Act; and
(V) the defense articles to be
transferred are required by the
military and security forces of Iraq or
the military and security forces of
Afghanistan, as applicable, to build
their capacity to restore and maintain
peace and security in their country;
(ii) the government of the recipient
country has agreed to accept and take
possession of the defense articles to be
transferred and to receive the defense services
in connection with that transfer; and
(iii) the proposed transfer of such defense
articles and the provision of defense services
in connection with such transfer is in the
national interest of the United States.
(f) Quarterly Report.--Not later than 90 days after the date of the
report provided under subsection (d), and every 90 days thereafter
during fiscal year 2010, the Secretary of Defense shall report to the
appropriate congressional committees on the implementation of the
authority under subsection (a). The report shall include the
replacement value of defense articles transferred pursuant to
subsection (a), both in the aggregate and by military department, and
services provided to Iraq and Afghanistan during the previous 90 days.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign Affairs
of the House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign
Relations of the Senate.
(2) Defense articles.--The term ``defense articles'' has
the meaning given the term in section 644(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(d)).
(3) Defense services.--The term ``defense services'' has
the meaning given the term in section 644(f) of such Act (22
U.S.C. 2403(f)).
(4) Military and security forces.--The term ``military and
security forces'' means national armies, national air forces,
national navies, national guard forces, police forces and
border security forces, but does not include non-governmental
or irregular forces (such as private militias).
(h) Expiration.--The authority provided under subsection (a) may
not be exercised after September 30, 2010.
(i) Excess Defense Articles.--
(1) Additional authority.--The authority provided by
subsection (a) is in addition to the authority provided by
Section 516 of the Foreign Assistance Act of 1961.
(2) Aggregate value.--The value of excess defense articles
transferred to Iraq during fiscal year 2010 pursuant to Section
516 of the Foreign Assistance Act of 1961 shall not be counted
against the limitation on the aggregate value of excess defense
articles transferred contained in subsection (g) of such Act.
SEC. 1214. CERTIFICATION REQUIREMENT FOR COALITION SUPPORT FUND
REIMBURSEMENTS.
Section 1232(b) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 392), as amended by
section 1217 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4634), is amended--
(1) in paragraph (1)(A), by striking ``the Secretary of
Defense shall submit'' and inserting ``the Secretary of
Defense, after consultation with the Secretary of State, shall
submit''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii), respectively, and
indenting each clause, as so redesignated, 6 ems from
the left margin;
(B) by striking ``shall include an itemized
description'' and inserting the following: ``shall
include the following:
``(A) An itemized description''; and
(C) by adding at the end the following new
subparagraph:
``(B) A certification that the reimbursement--
``(i) is consistent with the national
security interests of the United States; and
``(ii) will not adversely impact the
balance of power in the region.''.
Subtitle B--Reports
SEC. 1221. REPORT ON UNITED STATES ENGAGEMENT WITH IRAN.
(a) In General.--Not later than January 31, 2010, the President
shall submit to Congress a report on United States engagement with
Iran.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) Diplomatic engagement.--With respect to diplomatic
engagement, the following:
(A) A description of areas of mutual interest to
the Government of the United States and the Government
of the Islamic Republic of Iraq in which cooperation
and discussion could be of mutual interest.
(B) A discussion and assessment of the commitment
of the Government of the Islamic Republic of Iran to
engage in good-faith discussions with the United States
to resolve matters of concern through negotiation.
(2) Support for terrorism and extremism.--With respect to
support for terrorism and extremism, an assessment of the
extent to which the Government of the Islamic Republic of Iran
has supported or provided weapons, training, funding, or any
other type of support or assistance for any designated Foreign
Terrorist Organization as well as regional militant groups, and
specific assessments of the support provided by the Government
of the Islamic Republic of Iran, or agencies under that
government, for insurgents or other militant groups in Iraq and
Afghanistan.
(3) Nuclear activities.--With respect to nuclear
activities, an assessment of the extent to which the Government
of the Islamic Republic of Iran has--
(A) complied with United Nations Security Council
Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803
(2008), and 1835 (2008), and with any other applicable
Resolutions adopted by the United Nations Security
Council as of the date of the report;
(B) cooperated with the International Atomic Energy
Agency (IAEA), including fulfilling all requests of
that Agency for access to information, documentation,
locations, and individuals;
(C) ratified and implemented the Additional
Protocol to Iran's Safeguards Agreement with the
International Atomic Energy Agency, as requested by the
Board of Governors of the International Atomic Energy
Agency and the United Nations Security Council; and
(D) committed to stop uranium enrichment activities
and forego the reprocessing of spent fuel, the
production of heavy water, and the weaponization of
fissile materials on a permanent basis.
(4) Missile activities.--With respect to missile
activities, an assessment of the extent to which the Government
of the Islamic Republic of Iran has continued development of
its ballistic missile program, including participation in any
imports or exports of any items, materials, goods, and
technologies related to that program and has complied with
United Nations Security Council Resolutions 1696, 1737, 1747,
1803, and 1835, as required by the United Nations Security
Council.
(5) Support to illegal narcotics network in afghanistan.--
With respect to support to the illegal narcotics network in
Afghanistan, an assessment of the extent to which the
Government of the Islamic Republic of Iran, or agencies under
that government, has or have supported or facilitated the
illegal narcotics trade in Afghanistan.
(6) Sanctions against iran.--With regard to sanctions
against Iran--
(A) a list of all current United States bilateral
and multilateral sanctions against Iran;
(B) a description and discussion of United States
diplomatic efforts to enforce bilateral and
multilateral sanctions against Iran and to strengthen
international efforts to enforce such sanctions;
(C) an assessment of the impact and effectiveness
of existing bilateral and multilateral sanctions
against Iran in achieving United States goals;
(D) a list of all United States and foreign
registered entities which the Secretary of State has
determined to be in violation of existing United States
bilateral or multilateral sanctions against Iran;
(E) a detailed description of United States efforts
to enforce sanctions against Iran, including--
(i) a list of all investigations initiated
in the 18-month period ending on the date of
the enactment of this Act that have resulted in
a determination that a violation of sanctions
against Iran has occurred; and
(ii) a description of the actions taken by
the United States Government pursuant to each
such determination; and
(F) a description of bilateral and multilateral
sanctions against Iran that are under consideration, an
assessment whether such additional sanctions against
Iran would be effective, and, if so, a description of
the actions being undertaken to pursue such additional
sanctions.
(c) Submittal in Classified Form.--The report required by
subsection (a), or any part of such report, may be submitted in
classified form if the President considers it appropriate.
SEC. 1222. REPORT ON CUBA AND CUBA'S RELATIONS WITH OTHER COUNTRIES.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall provide to the defense
and intelligence committees of the Congress a report addressing the
following:
(1) The cooperative agreements and relationships that Cuba
has with Iran, North Korea, and other states suspected of
nuclear proliferation.
(2) A detailed account of the economic support provided by
Venezuela to Cuba and the intelligence and other support that
Cuba provides to the government of Hugo Chavez.
(3) A review of the evidence of relationships between the
Cuban government or any of its components with drug cartels or
involvement in other drug trafficking activities.
(4) The status and extent of Cuba's clandestine activities
in the United States.
(5) The extent and activities of Cuban support for
governments in Venezuela, Bolivia, Ecuador, Central America,
and the Caribbean.
(6) The status and extent of Cuba's research and
development program for biological weapons production.
(7) The status and extent of Cuba's cyberwarfare program.
SEC. 1223. REPORT ON VENEZUELA.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall provide to the defense
and intelligence committees of the Congress a report addressing the
following:
(1) An inventory of all weapons purchases by, and transfers
to, the government of Venezuela and Venezuela's transfers to
other countries since 1998, particularly purchases and
transfers of missiles, ships, submarines, and any other
advanced systems. The report shall include an assessment of
whether there is accountability of the purchases and transfers
with respect to the end-use and diversion of such materiel to
popular militias, other governments, or irregular armed forces.
(2) The mining and shipping of Venezuelan uranium to Iran,
North Korea, and other states suspected of nuclear
proliferation.
(3) The extent to which Hugo Chavez and other Venezuelan
officials and supporters of the Venezuelan government provide
political counsel, collaboration, financial ties, refuge, and
other forms of support, including military materiel, to the
Revolutionary Armed Forces of Colombia (FARC).
(4) The extent to which Hugo Chavez and other Venezuelan
officials provide funding, logistical and political support to
the Islamist terrorist organization Hezbollah.
(5) Deployment of Venezuelan security or intelligence
personnel to Bolivia, including any role such personnel have in
suppressing opponents of the government of Bolivia.
(6) Venezuela's clandestine material support for political
movements and individuals throughout the Western Hemisphere
with the objective of influencing the internal affairs of
nations in the Western Hemisphere.
(7) Efforts by Hugo Chavez and other officials or
supporters of the Venezuelan government to convert or launder
funds that are the property of Venezuelan government agencies,
instrumentalities, parastatals, including Petroleos de
Venezuela, SA (PDVSA).
(8) Covert payments by Hugo Chavez or officials or
supporters of the Venezuelan government to foreign political
candidates, government officials, or officials of international
organizations for the purpose of influencing the performance of
their official duties.
SEC. 1224. REPORT ON MILITARY POWER OF IRAN.
(a) Biennial Report.--Not later than March 31, 2010, and in each
even-numbered year thereafter until 2020, the Secretary of Defense
shall submit to Congress 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 the Army, Air Force, Navy,
and Revolutionary Guard Corps of the Islamic Republic of Iran.
(b) Matters To Be Included.--The report required under subsection
(a) shall include the following elements:
(1) As assessment of the grand strategy, security strategy,
and military strategy of the Government of the Islamic Republic
of Iran, including the following:
(A) The goals of the grand strategy, security
strategy, and military strategy.
(B) Aspects of the strategies 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 Middle East region.
(2) An assessment of the capabilities of the conventional
forces of the Government of the Islamic Republic of Iran,
including the following:
(A) The size, location, and capabilities of the
conventional forces.
(B) A detailed analysis of the conventional forces
of the Government of the Islamic Republic of Iran
facing United States forces in the region and other
countries in the Middle East region.
(C) An estimate of the funding provided for each
branch of the conventional forces of the Government of
the Islamic Republic of Iran.
(3) An assessment of the unconventional forces of the
Government of the Islamic Republic of Iran, including the
following:
(A) The size and capability of 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 in particular those forces that have been
assessed as willing to carry out terrorist operations
on behalf of the Islamic Republic of Iran.
(C) A detailed analysis of the unconventional
forces of the Government of the Islamic Republic of
Iran and their implications for the United States and
other countries in the Middle East region.
(D) An estimate of the amount of funds spent by the
Government of the Islamic Republic of Iran to develop
and support special operations forces and terrorist
groups.
(c) Definitions.--In this section:
(1) Conventional forces of the government of iran.--The
term ``conventional forces of the Government of the Islamic
Republic of Iran''--
(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.
(2) Middle east region.--The term ``Middle East region''
means--
(A) the countries within the area of responsibility
of United States Central Command; and
(B) the countries within the area covered by the
Bureau of Near Eastern Affairs of the Department of
State.
(3) Unconventional forces of the government of iran.--The
term ``unconventional forces of the Government of the Islamic
Republic of Iran''--
(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 the
Government of Iran; and
(III)(aa) is assessed as being
willing in some or all cases of
carrying out attacks on behalf of the
Government of the Islamic Republic of
Iran; or
(bb) is assessed as likely to carry
out attacks in response to a military
attack by another country on the
Islamic Republic of Iran.
SEC. 1225. ANNUAL COUNTERTERRORISM STATUS REPORTS.
(a) Short Title.--This section may be cited as the ``Success in
Countering Al Qaeda Reporting Requirements Act of 2009''.
(b) Annual Counterterrorism Status Reports.--
(1) In general.--Not later than July 31, 2010, and every
July 31 thereafter, the President shall submit a report, to the
Committee on Foreign Relations of the Senate, the Committee on
Foreign Affairs of the House of Representatives, the Committee
on Armed Services of the Senate, the Committee on Armed
Services of the House of Representatives, the Committee on
Appropriations of the Senate, the Committee on Appropriations
of the House of Representatives, the Select Committee on
Intelligence of the Senate, and the Permanent Select Committee
on Intelligence of the House of Representatives, which
contains, for the most recent 12-month period, a review of the
counterterrorism strategy of the United States Government,
including--
(A) a detailed assessment of the scope, status, and
progress of United States counterterrorism efforts in
fighting Al Qaeda and its related affiliates and
undermining long-term support for violent extremism;
(B) a judgment on the geographical region in which
Al Qaeda and its related affiliates pose the greatest
threat to the national security of the United States;
(C) a judgment on the adequacy of interagency
integration of the counterterrorism programs and
activities of the Department of Defense, the United
States Special Operations Command, the Central
Intelligence Agency, the Department of State, the
Department of the Treasury, the Department of Homeland
Security, the Department of Justice, and other Federal
departments and agencies;
(D) an evaluation of the extent to which the
counterterrorism efforts of the United States
correspond to the plans developed by the National
Counterterrorism Center and the goals established in
overarching public statements of strategy issued by the
executive branch;
(E) a determination of whether the National
Counterterrorism Center exercises the authority and has
the resources and expertise required to fulfill the
interagency strategic and operational planning role
described in section 119(j) of the National Security
Act of 1947 (50 U.S.C. 404o), as added by section 1012
of the National Security Intelligence Reform Act of
2004 (title I of Public Law 108-458);
(F) a description of the efforts of the United
States Government to combat Al Qaeda and its related
affiliates and undermine violent extremist ideology,
which shall include--
(i) a specific list of the President's
highest global counterterrorism priorities;
(ii) the degree of success achieved by the
United States, and remaining areas for
progress, in meeting the priorities described
in clause (i); and
(iii) efforts in those countries in which
the President determines that--
(I) Al Qaeda and its related
affiliates have a presence; or
(II) acts of international
terrorism have been perpetrated by Al
Qaeda and its related affiliates;
(G) a specific list of United States
counterterrorism efforts, and the specific status and
achievements of such efforts, through military,
financial, political, intelligence, paramilitary, and
law enforcement elements, relating to--
(i) bilateral security and training
programs;
(ii) law enforcement and border security;
(iii) the disruption of terrorist networks;
and
(iv) the denial of terrorist safe havens
and sanctuaries;
(H) a description of United States Government
activities to counter terrorist recruitment and
radicalization, including--
(i) strategic communications;
(ii) public diplomacy;
(iii) support for economic development and
political reform; and
(iv) other efforts aimed at influencing
public opinion;
(I) United States Government initiatives to
eliminate direct and indirect international financial
support for the activities of terrorist groups;
(J) a cross-cutting analysis of the budgets of all
Federal Government agencies as they relate to
counterterrorism funding to battle Al Qaeda and its
related affiliates abroad, including--
(i) the source of such funds; and
(ii) the allocation and use of such funds;
(K) an analysis of the extent to which specific
Federal appropriations--
(i) have produced tangible, calculable
results in efforts to combat and defeat Al
Qaeda, its related affiliates, and its violent
ideology; or
(ii) contribute to investments that have
expected payoffs in the medium- to long-term;
(L) statistical assessments, including those
developed by the National Counterterrorism Center, on
the number of individuals belonging to Al Qaeda and its
related affiliates that have been killed, injured, or
taken into custody as a result of United States
counterterrorism efforts; and
(M) a concise summary of the methods used by
National Counterterrorism Center and other elements of
the United States Government to assess and evaluate
progress in its overall counterterrorism efforts,
including the use of specific measures, metrics, and
indices.
(2) Interagency cooperation.--In preparing a report under
this subsection, the President shall include relevant
information maintained by--
(A) the National Counterterrorism Center and the
National Counterproliferation Center;
(B) Department of Justice, including the Federal
Bureau of Investigation;
(C) the Department of State;
(D) the Department of Defense;
(E) the Department of Homeland Security;
(F) the Department of the Treasury;
(G) the Office of the Director of National
Intelligence,
(H) the Central Intelligence Agency;
(I) the Office of Management and Budget;
(J) the United States Agency for International
Development; and
(K) any other Federal department that maintains
relevant information.
(3) Report classification.--Each report required under this
subsection shall be--
(A) submitted in an unclassified form, to the
maximum extent practicable; and
(B) accompanied by a classified appendix, as
appropriate.
SEC. 1226. REPORT ON TAIWAN'S AIR FORCE.
(a) Findings.--Congress makes the following findings:
(1) According to the Department of Defense's (DoD) 2009
Annual Report on Military Power of the People's Republic of
China, the military balance in the Taiwan Strait has been
shifting in China's favor since 2000, marked by the sustained
deployment of advanced military equipment to the Chinese
military regions opposite Taiwan.
(2) Although the DoD's 2002 Report concluded that Taiwan
``has enjoyed dominance of the airspace over the Taiwan Strait
for many years,'' the DoD's 2009 Report states this conclusion
no longer holds true.
(3) China has based 490 combat aircraft (330 fighters and
160 bombers) within unrefueled operational range of Taiwan, and
has the airfield capacity to expand that number by hundreds. In
contrast, Taiwan has 390 combat aircraft (all of which are
fighters).
(4) Also according to the DoD's 2009 Report, China has
continued its build-up of conventional ballistic missiles since
2000, ``building a nascent capacity for conventional short-
range ballistic missile (SRBM) strikes against Taiwan into what
has become one of China's primary instruments of coercion.'' At
this time, China has expanded its SRBM force opposite Taiwan to
seven brigades with a total of 1,050 through 1,150 missiles,
and is augmenting these forces with conventional medium-range
ballistic missiles systems and at least 2 land attack cruise
missile variants capable of ground or air launch. Advanced
fighters and bombers, combined with enhanced training for
nighttime and overwater flights, provide China's People's
Liberation Army (PLA) with additional capabilities for regional
strike or maritime interdiction operations.
(5) Furthermore, the Report maintains, ``the security
situation in the Taiwan Strait is largely a function of dynamic
interactions among Mainland China, Taiwan, and the United
States. The PLA has developed and deployed military capability
to coerce Taiwan or attempt an invasion if necessary. PLA
improvements pose new challenges to Taiwan's security, which
has historically been based upon the PLA's inability to project
power across the 100 nautical-mile Taiwan Strait, natural
geographic advantages of island defense, Taiwan's armed forces'
technological superiority, and the possibility of U.S.
intervention''.
(6) The Taiwan Relations Act of 1979 requires that, in
furtherance of the principle of maintaining peace and stability
in the Western Pacific region, the United States shall make
available to Taiwan such defense articles and defense services
in such quantity ``as may be necessary to enable Taiwan to
maintain a sufficient self-defense capability,'' allowing that
``the President and the Congress shall determine the nature and
quantity of such defense articles and services based solely
upon their judgment of the needs of Taiwan . . .''.
(b) Report to Congress on Taiwan's Current Air Force and Future
Self-Defense Requirements.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to Congress a
report, in both classified and unclassified form, containing the
following:
(1) A thorough and complete assessment of the current state
of Taiwan's Air Force, including--
(A) the number and type of aircraft;
(B) the age of aircraft; and
(C) the capability of those aircraft.
(2) An assessment of the effectiveness of the aircraft in
the face of a full-scale concerted missile and air campaign by
China, in which China uses its most modern surface-to-air
missiles currently deployed along its seacoast.
(3) An analysis of the specific weapons systems and
platforms that Taiwan would need to provide for it's self-
defense and maintain control of its own air space.
(4) Options for the United States to assist Taiwan in
achieving those capabilities.
(5) A 5-year plan for fulfilling the obligations of the
United States under the Taiwan Relations Act to provide for
Taiwan's self-defense and aid Taiwan in maintaining control of
its own air space.
SEC. 1227. REPORT ON UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS.
Section 1225 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2424) is amended--
(1) in subsection (a), by striking ``until December 31,
2010, the President shall submit'' and inserting ``(but not
later than the first of each May), the Director of the Office
of Management and Budget shall submit''; and
(2) by adding at the end the following:
``(c) Public Availability of Information.--The Director of the
Office of Management and Budget shall post a public version of each
report submitted under subsection (a) on a text-based searchable and
publicly available Internet Web site.''.
Subtitle C--Other Matters
SEC. 1231. SENSE OF CONGRESS ON ESTABLISHMENT OF MEASURES OF PROGRESS
TO EVALUATE UNITED STATES STRATEGIC OBJECTIVES IN
AFGHANISTAN AND PAKISTAN.
(a) Findings.--Congress makes the following findings:
(1) The President announced a new strategy for Afghanistan
and Pakistan on March 27, 2009, that calls for a commitment of
more resources and a significant increase in the number of
United States Armed Forces deployed to the region.
(2) It is the obligation of the United States Government to
the members of the Armed Forces, and to all Americans, that
their sacrifices be met by a clear method for evaluating the
progress toward achieving the objectives in the new strategy of
the Administration.
(3) The President stated, with reference to the strategy
for Afghanistan and Pakistan, that ``going forward, we will not
blindly stay the course. Instead, we will set clear metrics to
measure progress and hold ourselves accountable. We'll
consistently assess our efforts to train Afghan security forces
and our progress in combating insurgents. We will measure the
growth of Afghanistan's economy, and its illicit narcotics
production. And we will review whether we are using the right
tools and tactics to make progress towards accomplishing our
goals''.
(4) Since the announcement of the new strategy of the
Administration on March 27, 2009, key leaders in the
Administration, including in the Department of Defense and
Department of State, have testified before Congress that
progress measures were needed to evaluate performance toward
achieving the strategic objectives of the United States in
Afghanistan and Pakistan and that the Administration was
undertaking the process of reviewing and developing measures of
progress.
(5) Key leaders in the Administration further assured
Congress that the Administration would not only share the
measures of progress with Congress, but would also invite
review and comment by Congress on proposed measures of
progress.
(6) The establishment of both clear objectives and a means
to impartially measure success toward those objectives will
expound to the American people what the United States and its
partners intend to accomplish in and for Afghanistan and
Pakistan.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Administration should, through the coordination of
the Departments of Defense and State, expeditiously submit to
Congress a comprehensive list of measures of progress with
regard to United States strategic objectives in Afghanistan and
Pakistan;
(2) the comprehensive list under paragraph (1) should
include newly-established measures of progress as well as such
measures of progress previously established pursuant to section
1230(d) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 385) that continue to
be relevant to the current United States strategy for
Afghanistan and Pakistan;
(3) the Administration should incorporate the comprehensive
list under paragraph (1) with each report submitted under
sections 1230 and 1232 of the National Defense Authorization
Act for Fiscal Year 2008 (122 Stat. 385, 392) and should
review, and if necessary modify, the comprehensive list for
each such report; and
(4) upon submittal to Congress of the reports required by
sections 1230 and 1232 of the National Defense Authorization
Act for Fiscal Year 2008, the Administration should provide an
assessment of each measure of progress by--
(A) setting forth the measure of progress being
evaluated;
(B) providing data used to evaluate the measure of
progress;
(C) providing an evaluation of the performance of
the particular measure of progress; and
(D) providing a comprehensive assessment of how the
performance of the particular measure of progress
hinders or enhances the overall performance toward
achieving strategic objectives of the United States in
Afghanistan and Pakistan.
SEC. 1232. SENSE OF THE SENATE ON IMPOSING SANCTIONS WITH RESPECT TO
THE ISLAMIC REPUBLIC OF IRAN.
(a) Findings.--The Senate makes the following findings:
(1) The illicit nuclear activities of the Government of the
Islamic Republic of Iran, combined with its development of
unconventional weapons and ballistic missiles and support for
international terrorism, represent a grave threat to the
security of the United States and United States allies in
Europe, the Middle East, and around the world.
(2) The United States and other responsible countries have
a vital interest in working together to prevent the Government
of the Islamic Republic of Iran from acquiring a nuclear
weapons capability.
(3) As President Barack Obama said, ``Iran obtaining a
nuclear weapon would not only be a threat to Israel and a
threat to the United States, but would be profoundly
destabilizing in the international community as a whole and
could set off a nuclear arms race in the Middle East that would
be extraordinarily dangerous for all concerned, including for
Iran.''.
(4) The International Atomic Energy Agency has repeatedly
called attention to the illicit nuclear activities of the
Islamic Republic of Iran, and, as a result, the United Nations
Security Council has adopted a range of sanctions designed to
encourage the Government of the Islamic Republic of Iran to
cease those activities and comply with its obligations under
the Treaty on Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (commonly known as the ``Nuclear Non-
Proliferation Treaty'').
(5) The Department of the Treasury has imposed sanctions on
several Iranian banks, including Bank Melli, Bank Saderat, Bank
Sepah, and Bank Mellat, for their involvement in proliferation
activities or support for terrorist groups.
(6) The Central Bank of Iran, the keystone of Iran's
financial system and its principal remaining lifeline to the
international banking system, has engaged in deceptive
financial practices and facilitated such practices among banks
involved in proliferation activities or support for terrorist
groups, including Bank Sepah and Bank Melli, in order to evade
sanctions imposed by the United States and the United Nations.
(7) On April 8, 2009, the United States formally extended
an offer to engage in direct diplomacy with the Government of
the Islamic Republic of Iran through negotiations with the five
permanent members of the United States Security Council and
Germany (commonly referred to as the ``P5-plus-1 process''), in
the hope of resolving all outstanding disputes between the
Islamic Republic of Iran and the United States.
(8) The Government of the Islamic Republic of Iran has yet
to make a formal reply to the April 8, 2009, offer of direct
diplomacy by the United States or to engage in direct diplomacy
with the United States through the P5-plus-1 process.
(9) On July 8, 2009, President Nicolas Sarkozy of France
warned that the Group of Eight major powers will give the
Islamic Republic of Iran until September 2009 to accept
negotiations with respect to its nuclear activities or face
tougher sanctions.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the Government of the Islamic Republic of Iran should--
(A) seize the historic offer put forward by
President Barack Obama to engage in direct diplomacy
with the United States;
(B) suspend all enrichment-related and reprocessing
activities, including research and development, and
work on all heavy-water related projects, including the
construction of a research reactor moderated by heavy
water, as demanded by multiple resolutions of the
United Nations Security Council; and
(C) come into full compliance with the Nuclear Non-
Proliferation Treaty, including the additional protocol
to the Treaty; and
(2) the President should impose sanctions on the Central
Bank of Iran and any other Iranian bank engaged in
proliferation activities or support for terrorist groups, as
well as any other sanctions the President determines
appropriate, if--
(A) the Government of the Islamic Republic of
Iran--
(i) has not accepted the offer by the
United States to engage in direct diplomacy
through the P5-plus-1 process before the Summit
of the Group of 20 (G-20) in Pittsburgh,
Pennsylvania, in September 2009; or
(ii) has not suspended all enrichment-
related and reprocessing activities and work on
all heavy-water related projects within 60 days
of the conclusion of that Summit; and
(B) the United Nations Security Council has failed
to adopt significant and meaningful additional
sanctions on the Government of the Islamic Republic of
Iran.
SEC. 1233. SENSE OF THE SENATE ON ENFORCEMENT AND IMPOSITION OF
SANCTIONS WITH RESPECT TO NORTH KOREA; REVIEW TO
DETERMINE WHETHER NORTH KOREA SHOULD BE RE-LISTED AS A
STATE SPONSOR OF TERRORISM.
(a) Findings.--The Senate makes the following findings:
(1) On April 5, 2009, the Government of North Korea tested
an intermediate range ballistic missile in violation of United
Nations Security Council Resolutions 1695 (2006) and 1718
(2006).
(2) On April 5, 2009, President Barack Obama issued a
statement on North Korea, stating that ``Preventing the
proliferation of weapons of mass destruction and their means of
delivery is a high priority for my administration'', and
adding, ``North Korea has ignored its international
obligations, rejected unequivocal calls for restraint, and
further isolated itself from the community of nations''.
(3) On April 15, 2009, the Government of North Korea
announced it was expelling international inspectors from its
Yongbyon nuclear facility and ending its participation in the
Six Party Talks for the Denuclearization of the Korean
Peninsula.
(4) On May 25, 2009, the Government of North Korea
conducted a second nuclear test, in disregard of United Nations
Security Council Resolution 1718, which was issued in 2006
following the first such test and which demanded that North
Korea not conduct any further nuclear tests or launches of a
ballistic missile.
(5) The State Department's 2008 Human Rights Report on
North Korea, issued on February 25, 2009, found that human
rights conditions inside North Korea remained poor, prison
conditions are harsh and life-threatening, and citizens were
denied basic freedoms such as freedom of speech, press,
assembly, religion, and association.
(6) Pursuant to section 102(b)(2)(E) of the Arms Export
Control Act (22 U.S.C. 2799aa-1(b)(2)(E)), President George W.
Bush, on February 7, 2007, notified Congress that the United
States Government would oppose the extension of any loan or
financial or technical assistance to North Korea by any
international financial institution and the prohibition on
support for the extension of such loans or assistance remains
in effect.
(7) On June 12, 2009, the United Nations Security Council
passed Resolution 1874, condemning North Korea's nuclear test,
imposing a sweeping embargo on all arms trade with North Korea,
and requiring member states not to provide financial support or
other financial services that could contribute to North Korea's
nuclear-related or missile-related activities or other
activities related to weapons of mass destruction.
(8) On July 15, 2009, the Sanctions Committee of the United
Nations Security Council, pursuant to United Nations Security
Council Resolution 1874, imposed a travel ban on five North
Korean individuals and asset freezes on five more North Korean
entities for their involvement in nuclear weapons and ballistic
missile development programs, marking the first time the United
Nations has imposed a travel ban on North Koreans.
(9) On June 10, 2008, the Government of North Korea issued
a statement, subsequently conveyed directly to the United
States Government, affirming that North Korea, ``will firmly
maintain its consistent stand of opposing all forms of
terrorism and any support to it and will fulfill its
responsibility and duty in the struggle against terrorism.''.
(10) The June 10, 2008, statement by the Government of
North Korea also pledged that North Korea would take ``active
part in the international efforts to prevent substance,
equipment and technology to be used for the production of nukes
and biochemical and radioactive weapons from finding their ways
to the terrorists and the organizations that support them''.
(11) On June 26, 2008, President George W. Bush certified
that--
(A) the Government of North Korea had not provided
any support for international terrorism during the
preceding 6-month period; and
(B) the Government of North Korea had provided
assurances that it will not support acts of
international terrorism in the future.
(12) The President's June 26 certification concluded, based
on all available information, that there was ``no credible
evidence at this time of ongoing support by the DPRK for
international terrorism'' and that ``there is no credible or
sustained reporting at this time that supports allegations
(including as cited in recent reports by the Congressional
Research Service) that the DPRK has provided direct or witting
support for Hezbollah, Tamil Tigers, or the Iranian
Revolutionary Guard''.
(13) The State Department's Country Reports on Terrorism
2008, in a section on North Korea, state, ``The Democratic
People's Republic of Korea (DPRK) was not known to have
sponsored any terrorist acts since the bombing of a Korean
Airlines flight in 1987.''.
(14) The Country Reports on Terrorism 2008 also state, ``A
state that directs WMD resources to terrorists, or one from
which enabling resources are clandestinely diverted, poses a
grave WMD terrorism threat. Although terrorist organizations
will continue to seek a WMD capability independent of state
programs, the sophisticated WMD knowledge and resources of a
state could enable a terrorist capability. State sponsors of
terrorism and all nations that fail to live up to their
international counterterrorism and nonproliferation obligations
deserve greater scrutiny as potential facilitators of WMD
terrorism.''.
(15) On October 11, 2008, the Secretary of State, pursuant
to the President's certification, removed North Korea from its
list of state sponsors of terrorism, on which North Korea had
been placed in 1988.
(b) Report on Conduct of North Korea.--Not later than 30 days after
the date of the enactment of this Act, the President shall submit to
Congress a detailed report examining the conduct of the Government of
North Korea since June 26, 2008, based on all available information, to
determine whether North Korea meets the statutory criteria for listing
as a state sponsor of terrorism. The report shall--
(1) present any credible evidence of support by the
Government of North Korea for acts of terrorism, terrorists, or
terrorist organizations;
(2) examine what steps the Government of North Korea has
taken to fulfill its June 10, 2008, pledge to prevent weapons
of mass destruction from falling into the hands of terrorists;
and
(3) assess the effectiveness of re-listing North Korea as a
state sponsor of terrorism as a tool to accomplish the
objectives of the United States with respect to North Korea,
including completely eliminating North Korea's nuclear weapons
programs, preventing North Korean proliferation of weapons of
mass destruction, and encouraging North Korea to abide by
international norms with respect to human rights.
(c) Sense of the Senate.--It is the sense of the Senate that--
(1) the United States should--
(A) vigorously enforce United Nations Security
Council Resolutions 1718 (2006) and 1874 (2009) and
other sanctions in place with respect to North Korea
under United States law;
(B) urge all member states of the United Nations to
fully implement the sanctions imposed by United Nations
Security Council Resolutions 1718 and 1874; and
(C) explore the imposition of additional unilateral
and multilateral sanctions against North Korea in
furtherance of United States national security;
(2) the conduct of North Korea constitutes a threat to the
northeast Asian region and to international peace and security;
(3) if the United States determines that the Government of
North Korea has provided assistance to terrorists or engaged in
state sponsored acts of terrorism, the Secretary of State
should immediately list North Korea as a state sponsor of
terrorism; and
(4) if the United States determines that the Government of
North Korea has failed to fulfill its June 10, 2008, pledges,
the Secretary of State should immediately list North Korea as a
state sponsor of terrorism.
(d) State Sponsor of Terrorism Defined.--For purposes of this
section, the term ``state sponsor of terrorism'' means a country that
has repeatedly provided support for acts of international terrorism for
purposes of--
(1) section 6(j) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)) (as continued in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.));
(2) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
(3) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371).
SEC. 1234. REPORT ON THE PLAN FOR THE UNITED STATES NUCLEAR WEAPONS
STOCKPILE, NUCLEAR WEAPONS COMPLEX, AND DELIVERY
PLATFORMS AND SENSE OF THE SENATE ON FOLLOW-ON
NEGOTIATIONS TO START TREATY.
(a) Report on the Plan for the United States Nuclear Weapons
Stockpile, Nuclear Weapons Complex, and Delivery Platforms.--
(1) Report required.--Not later than 30 days after the date
of the enactment of this Act or at the time a follow-on treaty
to the Strategic Arms Reduction Treaty (START Treaty) is
submitted by the President to the Senate for its advice and
consent, whichever is earlier, the President shall submit to
the congressional defense and foreign relations committees a
report on the plan to enhance the safety, security, and
reliability of the United States nuclear weapons stockpile,
modernize the nuclear weapons complex, and maintain the
delivery platforms for nuclear weapons.
(2) Coordination.--The President shall prepare the report
required under paragraph (1) in coordination with the Secretary
of Defense, the directors of Sandia National Laboratory, Los
Alamos National Laboratory, and Lawrence Livermore National
Laboratory, the Administrator for the National Nuclear Security
Administration, and the Commander of the United States
Strategic Command.
(3) Elements.--The report required under paragraph (1)
shall include the following:
(A) A description of the plan to enhance the
safety, security, and reliability of the United States
nuclear weapons stockpile.
(B) A description of the plan to modernize the
nuclear weapons complex, including improving the safety
of facilities, modernizing the infrastructure, and
maintaining the key capabilities and competencies of
the nuclear weapons workforce, including designers and
technicians.
(C) A description of the plan to maintain delivery
platforms for nuclear weapons.
(D) An estimate of budget requirements, including
the costs associated with the plans outlined under
subparagraphs (A) through (C), over a 10-year period.
(b) Sense of the Senate on Follow-on Negotiations to the START
Treaty.--The Senate urges the President to maintain the stated position
of the United States that the follow-on treaty to the START Treaty not
include any limitations on the ballistic missile defense systems, space
capabilities, or advanced conventional weapons systems of the United
States.
SEC. 1235. SENSE OF CONGRESS ON CONTINUED SUPPORT BY THE UNITED STATES
FOR A STABLE AND DEMOCRATIC REPUBLIC OF IRAQ.
(a) Findings.--Congress makes the following findings:
(1) The men and women of the United States Armed Forces who
have served or are serving in the Republic of Iraq have done so
with the utmost bravery and courage and deserve the respect and
gratitude of the people of the United States and the people of
Iraq.
(2) The leadership of Generals David Petraeus and Raymond
Odierno, as the Commanders of the Multi-National Force Iraq, as
well as Ambassador Ryan Crocker, was instrumental in bringing
stability and success to Iraq.
(3) The strategy known as the surge was a critical factor
contributing to significant security gains and facilitated the
economic, political, and social gains that have occurred in
Iraq since 2007.
(4) The people of Iraq have begun to develop a stable
government and stable society because of the security gains
following the surge and the willingness of the people of Iraq
to accept the ideals of a free and fair democratic society over
the tyranny espoused by Al Qaeda and other terrorist
organizations.
(5) The security gains in Iraq must be carefully maintained
so that those fragile gains can be solidified and expanded
upon, primarily by citizens of Iraq in service to their
country, with the support of the United States as appropriate.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a stable and democratic Republic of Iraq is in the
long-term national security interest of the United States;
(2) the people and the Government of the United States
should help the people of Iraq promote the stability of their
country and peace in the region; and
(3) the United States should be a long-term strategic
partner with the Government and the people of Iraq in support
of their efforts to build democracy, good governance, and peace
and stability in the region.
SEC. 1236. REPORT ON FEASIBILITY AND DESIRABILITY OF ESTABLISHING
GENERAL UNIFORM PROCEDURES AND GUIDELINES FOR THE
PROVISION OF MONETARY ASSISTANCE BY THE UNITED STATES TO
CIVILIAN FOREIGN NATIONALS FOR LOSSES INCIDENT TO COMBAT
ACTIVITIES OF THE ARMED FORCES.
(a) Report.--The Secretary of Defense shall submit to Congress a
report on the feasibility and the desirability of establishing general
uniform procedures and guidelines for the provision by the United
States of monetary assistance to civilian foreign nationals for losses,
injuries, or death (hereafter ``harm'') incident to combat activities
of the United States Armed Forces during contingency operations.
(b) Matters To Be Included in Report.--The Secretary shall include
in the report the following:
(1) A description of the authorities under laws in effect
as of the date of the enactment of this Act for the United
States to provide compensation, monetary payments, or other
assistance to civilians who incur harm due directly or
indirectly to the combat activities of the United States Armed
Forces.
(2) A description of the practices in effect as of the date
of enactment of this Act for the United States to provide ex
gratia, solatia, or other types of condolence payments to
civilians who incur harm due directly or indirectly to the
combat activities of the United States Armed Forces.
(3) A discussion of the historic practice of the United
States to provide compensation, other monetary payments, or
other assistance to civilian foreign nationals who incur harm
due directly or indirectly to combat activities of the United
States Armed Forces.
(4) A discussion of the practice of the United States in
Operation Enduring Freedom and Operation Iraqi Freedom to
provide compensation, other monetary payments, or other
assistance to civilian foreign nationals who incur harm due
directly or indirectly to the combat activities of the United
States Armed Forces, including the procedures and guidelines
used and an assessment of its effectiveness. This discussion
will also include estimates of the total amount of funds
disbursed to civilian foreign nationals who have incurred harm
since the inception of Operation Iraqi Freedom and Operation
Enduring Freedom. This discussion will also include how such
procedures and guidelines compare to the processing of claims
filed under the Foreign Claims Act.
(5) A discussion of the positive and negative effects of
using different authorities, procedure, and guidelines to
provide monetary assistance to civilian foreign nationals,
based upon the culture and economic circumstances of the local
populace and the operational impact on the military mission.
This discussion will also include whether the use of different
authorities, procedures, and guidelines has resulted in
disparate monetary assistance to civilian foreign nationals who
have incurred substantially similar harm, and if so, the
frequency and effect of such results.
(6) A discussion of the positive and negative effects of
establishing general uniform procedures and guidelines for the
provision of such assistance, based upon the goals of timely
commencement of a program of monetary assistance, efficient and
effective implementation of such program, and consistency in
the amount of assistance in relation to the harm incurred. This
discussion will also include whether the implementation of
general procedures and guidelines would create a legally
enforceable entitlement to ``compensation'' and, if so, any
potential significant operational impact arising from such an
entitlement.
(7) Assuming general uniform procedures and guidelines were
to be established, a discussion of the following:
(A) Whether such assistance should be limited to
specified types of combat activities or operations,
e.g., such as during counterinsurgency operations.
(B) Whether such assistance should be contingent
upon a formal determination that a particular combat
activity/operation is a qualifying activity, and the
criteria, if any, for such a determination.
(C) Whether a time limit from the date of loss for
providing such assistance should be prescribed.
(D) Whether only monetary or other types of
assistance should be authorized, and what types of
nonmonetary assistance, if any, should be authorized.
(E) Whether monetary value limits should be placed
on the assistance that may be provided, or whether the
determination to provide assistance and, if so, the
monetary value of such assistance, should be based, in
whole or in part, on a legal advisor's assessment of
the facts.
(F) Whether a written record of the determination
to provide or to not provide such assistance should be
maintained and a copy made available to the civilian
foreign national.
(G) Whether in the event of a determination to not
provide such assistance the civilian foreign national
should be afforded the option of a review of the
determination by a higher ranking authority.
(c) Recommendations.--The Secretary shall include in the report
such recommendations as the Secretary considers appropriate for
legislative or administrative action with respect to the matters
discussed in the report.
(d) Submission of Report.--The report shall be submitted not later
than 180 days after the date of the enactment of this Act. The report
shall be submitted in unclassified form, but may include a classified
annex.
Subtitle D--VOICE Act
SEC. 1241. SHORT TITLE.
This subtitle may be cited as the ``Victims of Iranian Censorship
Act''or the ``VOICE Act''.
SEC. 1242. SENSE OF CONGRESS.
It is the sense of Congress that the United States--
(1) respects the sovereignty, proud history, and rich
culture of the Iranian people;
(2) respects the universal values of freedom of speech and
freedom of the press in Iran and throughout the world;
(3) supports the Iranian people as they take steps to
peacefully express their voices, opinions, and aspirations;
(4) supports the Iranian people seeking access to news and
other forms of information;
(5) condemns the detainment, imprisonment, and intimidation
of all journalists, in Iran and elsewhere throughout the world;
(6) supports journalists who take great risk to report on
political events in Iran, including those surrounding the
presidential election;
(7) supports the efforts the Voice of America's (VOA) 24-
hour television station Persian News Network, and Radio Free
Europe / Radio Liberty's (RFE/RL) Radio Farda 24-hour radio
station; British Broadcasting Corporation (BBC) Farsi language
programming; Radio Zamaneh; and other independent news outlets
to provide information to Iran;
(8) condemns acts of censorship, intimidation, and other
restrictions on freedom of the press, freedom of speech, and
freedom of expression in Iran and throughout the world;
(9) commends companies which have facilitated the ability
of the Iranian people to access and share information, and
exercise freedom of speech, freedom of expression, and freedom
of assembly through alternative technologies; and
(10) condemns companies which have knowingly impeded the
ability of the Iranian people to access and share information
and exercise freedom of speech, freedom of expression, and
freedom of assembly through electronic media, including through
the sale of technology that allows for deep packet inspection
or provides the capability to monitor or block Internet access,
and gather information about individuals.
SEC. 1243. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to support freedom of the press, freedom of speech,
freedom of expression, and freedom of assembly in Iran;
(2) to support the Iranian people as they seek, receive,
and impart information and promote ideas in writing, in print,
or through any media without interference;
(3) to discourage businesses from aiding efforts to
interfere with the ability of the people of Iran to freely
access or share information or otherwise infringe upon freedom
of speech, freedom of expression, freedom of assembly, and
freedom of the press through the Internet or other electronic
media, including through the sale of deep packet inspection or
other technology to the Government of Iran that provides the
capability to monitor or block Internet access, and gather
information about individuals; and
(4) to encourage the development of technologies, including
Internet Web sites that facilitate the efforts of the Iranian
people--
(A) to gain access to and share accurate
information and exercise freedom of speech, freedom of
expression, freedom of assembly, and freedom of the
press, through the Internet or other electronic media;
and
(B) engage in Internet-based education programs and
other exchanges between United States citizens and
Iranians.
SEC. 1244. AUTHORIZATION OF APPROPRIATIONS.
(a) International Broadcasting Operations Fund.--In addition to
amounts otherwise authorized for the Broadcasting Board of Governors'
International Broadcasting Operations Fund, there is authorized to be
appropriated $15,000,000 to expand Farsi language programming and to
provide for the dissemination of accurate and independent information
to the Iranian people through radio, television, Internet, cellular
telephone, short message service, and other communications.
(b) Broadcasting Capital Improvements Fund.--In addition to amounts
otherwise authorized for the Broadcasting Board of Governors'
Broadcasting Capital Improvements Fund, there is authorized to be
appropriated $15,000,000 to expand transmissions of Farsi language
programs to Iran.
(c) Use of Amounts.--In pursuit of the objectives described in
subsections (a) and (b), amounts in the International Broadcasting
Operations Fund and the Capital Improvements Fund may be used to--
(1) develop additional transmission capability for Radio
Farda and the Persian News Network to counter ongoing efforts
to jam transmissions, including through additional shortwave
and medium wave transmissions, satellite, and Internet
mechanisms;
(2) develop additional proxy server capability and anti-
censorship software to counter efforts to block Radio Farda and
Persian News Network Web sites;
(3) develop technologies to counter efforts to block SMS
text message exchange over cellular phone networks;
(4) expand program coverage and analysis by Radio Farda and
the Persian News Network, including the development of
broadcast platforms and programs, on the television, radio and
Internet, for enhanced interactivity with and among the people
of Iran;
(5) hire, on a permanent or short-term basis, additional
staff for Radio Farda and the Persian News Network; and
(6) develop additional Internet-based, Farsi-language
television programming, including a Farsi-language, Internet-
based news channel.
SEC. 1245. IRANIAN ELECTRONIC EDUCATION, EXCHANGE, AND MEDIA FUND.
(a) Establishment.--There is established in the Treasury of the
United States the Iranian Electronic Education, Exchange, and Media
Fund (referred to in this section as the ``Fund''), consisting of
amounts appropriated to the Fund pursuant to subsection (f).
(b) Administration.--The Fund shall be administered by the
Secretary of State.
(c) Objective.--The objective of the Fund shall be to support the
development of technologies, including Internet Web sites, that will
aid the ability of the Iranian people to--
(1) gain access to and share information;
(2) exercise freedom of speech, freedom of expression, and
freedom of assembly through the Internet and other electronic
media;
(3) engage in Internet-based education programs and other
exchanges between Americans and Iranians; and
(4) counter efforts--
(A) to block, censor, and monitor the Internet; and
(B) to disrupt or monitor cellular phone networks
or SMS text exchanges.
(d) Use of Amounts.--In pursuit of the objective described in
subsection (c), amounts in the Fund may be used for grants to United
States or foreign universities, nonprofit organizations, or companies
for targeted projects that advance the purpose of the Fund, including
projects that--
(1) develop Farsi-language versions of existing social-
networking Web sites;
(2) develop technologies, including Internet-based
applications, to counter efforts--
(A) to block, censor, and monitor the Internet; and
(B) to disrupt or monitor cellular phone networks
or SMS text message exchanges;
(3) develop Internet-based, distance learning programs for
Iranian students at United States universities; and
(4) promote Internet-based, people-to-people educational,
professional, religious, or cultural exchanges and dialogues
between United States citizens and Iranians.
(e) Transfers.--Amounts in the Fund may be transferred to the
United States Agency for International Development, the Broadcasting
Board of Governors, or any other agency of the Federal Government to
the extent that such amounts are used to carry out activities that will
further the objective described in subsection (c).
(f) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 to the Fund.
SEC. 1246. ANNUAL REPORT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for 5 years, the
President shall submit a report to Congress that provides a detailed
description of--
(1) United States-funded international broadcasting efforts
in Iran;
(2) efforts by the Government of Iran to block broadcasts
sponsored by the United States or other non-Iranian entities;
(3) efforts by the Government of Iran to monitor or block
Internet access, and gather information about individuals;
(4) plans by the Broadcasting Board of Governors for the
use of the amounts appropriated pursuant to section 1244,
including--
(A) the identification of specific programs and
platforms to be expanded or created; and
(B) satellite, radio, or Internet-based
transmission capacity to be expanded or created;
(5) plans for the use of the Iranian Electronic Education,
Exchange, and Media Fund;
(6) a detailed breakdown of amounts obligated and disbursed
from the Iranian Electronic Media Fund and an assessment of the
impact of such amounts;
(7) the percentage of the Iranian population and of Iranian
territory reached by shortwave and medium-wave radio broadcasts
by Radio Farda and Voice of America;
(8) the Internet traffic from Iran to Radio Farda and Voice
of America Web sites; and
(9) the Internet traffic to proxy servers sponsored by the
Broadcasting Board of Governors, and the provisioning of surge
capacity.
(b) Classified Annex.--The report submitted under subsection (a)
may include a classified annex.
SEC. 1247. REPORT ON ACTIONS BY NON-IRANIAN COMPANIES.
(a) Study.--The President shall direct the appropriate officials to
examine claims that non-Iranian companies, including corporations with
United States subsidiaries, have provided hardware, software, or other
forms of assistance to the Government of Iran that has furthered its
efforts to--
(1) filter online political content;
(2) disrupt cell phone and Internet communications; and
(3) monitor the online activities of Iranian citizens.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit a report to Congress
that contains the results of the study conducted under subsection (a).
The report submitted under this subsection shall be submitted in
unclassified form, but may include a classified annex.
SEC. 1248. HUMAN RIGHTS DOCUMENTATION.
There are authorized to be appropriated $5,000,000 to the Secretary
of State to document, collect, and disseminate information about human
rights in Iran, including abuses of human rights that have taken place
since the Iranian presidential election conducted on June 12, 2009.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) 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 $424,093,000 authorized
to be appropriated to the Department of Defense for fiscal year 2010 in
section 301(a)(20) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$73,385,000.
(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 states of the
former Soviet Union, $152,132,000.
(7) For chemical weapons destruction, $3,000,000.
(8) For defense and military contacts, $5,000,000.
(9) For new Cooperative Threat Reduction initiatives,
$10,000,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $21,400,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2010 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 15 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2010 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2010 for a purpose listed
in paragraphs (1) through (10) of subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (10) of subsection (a)
in excess of the specific amount authorized for such purpose
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. AUTHORITY TO ENTER INTO AGREEMENTS TO RECEIVE CONTRIBUTIONS
FOR BIOLOGICAL THREAT REDUCTION PROGRAM.
(a) In General.--The Secretary of Defense may, with the concurrence
of the Secretary of State, enter into one or more agreements with any
person (including a foreign government, international organization,
multinational entity, or any other entity) that the Secretary of
Defense considers appropriate under which the person contributes funds
for purposes of the Biological Threat Reduction Program of the
Department of Defense.
(b) Retention and Use of Amounts.--Notwithstanding section 3302 of
title 31, United States Code, and subject to subsections (c) and (d),
the Secretary of Defense may retain and obligate or expend amounts
contributed pursuant to subsection (a) for purposes of the Biological
Threat Reduction Program. Amounts so contributed shall be retained in a
separate fund established in the Treasury for that purpose and shall be
available to be obligated or expended without further appropriation.
(c) Return of Amounts Not Obligated or Expended Within Three
Years.--If the Secretary of Defense does not obligate or expend an
amount contributed pursuant to subsection (a) by the date that is three
years after the date on which the contribution was made, the Secretary
shall return the amount to the person who made the contribution.
(d) Notice to Congressional Defense Committees.--
(1) In general.--Not later than 30 days after receiving an
amount contributed pursuant to subsection (a), the Secretary
shall submit to the congressional defense committees a notice--
(A) specifying the value of the contribution and
the purpose for which the contribution was made; and
(B) identifying the person who made the
contribution.
(2) Limitation on use of amounts.--The Secretary may not
obligate or expend an amount contributed pursuant to subsection
(a) until the date that is 15 days after the date on which the
Secretary submits the notice required by paragraph (1).
(e) Annual Report.--Not later than October 31 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on amounts contributed pursuant to subsection (a)
during the preceding fiscal year. Each such report shall include, for
the fiscal year covered by the report, the following:
(1) A statement of any amounts contributed pursuant to
subsection (a), including, for each such amount, the value of
the contribution and the identity of the person who made the
contribution.
(2) A statement of any amounts so contributed that were
obligated or expended by the Secretary, including, for each
such amount, the purposes for which the amount was obligated or
expended.
(3) A statement of any amounts so contributed that were
retained but not obligated or expended, including, for each
such amount, the purposes (if known) for which the Secretary
intends to obligate or expend the amount.
(f) Termination.--The authority provided under this section shall
terminate on December 31, 2015.
SEC. 1304. AUTHORIZATION OF USE OF COOPERATIVE THREAT REDUCTION PROGRAM
FUNDS FOR BILATERAL AND MULTILATERAL NONPROLIFERATION AND
DISARMAMENT ACTIVITIES.
(a) In General.--Notwithstanding any other provision of law and
subject to subsection (b), the Secretary of Defense may obligate or
expend not more than 10 percent of the funds authorized to be
appropriated or otherwise made available for Cooperative Threat
Reduction programs in a fiscal year to provide assistance for or to
otherwise carry out bilateral or multilateral activities relating to
nonproliferation or disarmament.
(b) Notification of Congressional Defense Committees.--The
Secretary may obligate or expend funds pursuant to subsection (a) if,
not less than 15 days before obligating or expending such funds--
(1) the Secretary notifies the congressional defense
committees of the intent of the Secretary to obligate or expend
such funds; and
(2) the President certifies to the congressional defense
committees that obligating or expending such funds is necessary
to support the national security objectives of the United
States.
TITLE XIV--OTHER AUTHORIZATIONS
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 fiscal year 2010
for the National Defense Sealift Fund in the amount of $1,242,758,000.
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 $27,913,863,000,
of which--
(1) $26,993,919,000 is for Operation and Maintenance;
(2) $597,802,000 is for Research, Development, Test, and
Evaluation; and
(3) $322,142,000 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 $1,077,784,000.
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 $288,444,000, of which--
(1) $286,444,000 is for Operation and Maintenance; and
(2) $2,000,000 is for Procurement.
SEC. 1407. FUNDING TABLE.
The amounts authorized to be appropriated by sections 1401, 1402,
1403, 1404, 1405, and 1406 shall be available, in accordance with the
requirements of section 4001, for projects, programs, and activities,
and in the amounts, specified in the funding table in section 4401.
Subtitle B--National Defense Stockpile
SEC. 1411. EXTENSION OF PREVIOUSLY AUTHORIZED DISPOSAL OF COBALT FROM
NATIONAL DEFENSE STOCKPILE.
Section 3305(a)(5) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d note), as most
recently amended by section 1412(b) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4648), is further amended by striking ``during fiscal year 2009''
and inserting ``by the end of fiscal year 2011''.
SEC. 1412. AUTHORIZATION FOR ACTIONS TO CORRECT THE INDUSTRIAL RESOURCE
SHORTFALL FOR HIGH-PURITY BERYLLIUM METAL IN AMOUNTS NOT
IN EXCESS OF $80,000,000.
With respect to any action taken by the President under section 303
of the Defense Production Act of 1950 (50 U.S.C. App. 2093) to correct
the industrial resource shortfall for high-purity beryllium metal, the
limitation in subsection (a)(6)(C) of such section shall be applied by
substituting ``$80,000,000'' for ``$50,000,000''.
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--OVERSEAS CONTINGENCY OPERATIONS
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2010 to provide additional
funding for overseas contingency operations of the Department of
Defense in that fiscal year.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement accounts for the Army in amounts as follows:
(1) For aircraft procurement, $1,636,229,000.
(2) For missile procurement, $531,570,000.
(3) For weapons and tracked combat vehicles procurement,
$759,466,000.
(4) For ammunition procurement, $370,635,000.
(5) For other procurement, $6,329,966,000.
(6) For the Joint Improvised Explosive Device Defeat Fund,
$2,099,850,000.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2010 for procurement accounts for the Navy in amounts as
follows:
(1) For aircraft procurement, $916,553,000.
(2) For weapons procurement, $73,700,000.
(3) For other procurement, $318,018,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2010 for the procurement account for the Marine Corps
in the amount of $1,164,445,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2010 for the procurement account for
ammunition for the Navy and the Marine Corps in the amount of
$710,780,000.
SEC. 1504. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2010
for procurement accounts for the Air Force in amounts as follows:
(1) For aircraft procurement, $896,441,000.
(2) For missile procurement, $36,625,000.
(3) For ammunition procurement, $256,819,000.
(4) For other procurement, $2,321,549,000.
SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2010
for the procurement account for Defense-wide activities as follows:
(1) For Defense-wide procurement, $491,430,000.
(2) For the Mine Resistant Ambush Protected Vehicle Fund,
$5,456,000,000.
SEC. 1506. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(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, $115,826,000.
SEC. 1507. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $52,070,661,000.
(2) For the Navy, $5,650,733,000.
(3) For the Marine Corps, $3,701,600,000.
(4) For the Air Force, $10,026,868,000.
(5) For Defense-wide activities, $7,578,300,000
(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.
(12) For the Afghanistan Security Forces Fund,
$7,462,769,000.
(13) For the Iraq Freedom Fund, $115,300,000.
SEC. 1508. MILITARY PERSONNEL.
There is hereby authorized to be appropriated for fiscal year 2010
for the Department of Defense for military personnel in the amount of
$13,586,341,000.
SEC. 1509. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2010
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in the amount of $396,915,000, for the Defense Working
Capital Funds.
SEC. 1510. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2010 for expenses, not otherwise provided
for, for the Defense Health Program in the amount of $1,155,235,000 for
operation and maintenance.
SEC. 1511. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2010 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide in
the amount of $324,603,000.
SEC. 1512. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2010 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense in the amount of $8,876,000.
SEC. 1513. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1514. FUNDING TABLES.
(a) Amounts for Procurement.--The amounts authorized to be
appropriated by sections 1502, 1503, 1504, and 1505 shall be available,
in accordance with the requirements of section 4001, for projects,
programs, and activities, and in the amounts, specified in the funding
table in section 4102.
(b) Amounts for Research, Development, Test, and Evaluation.--The
amounts authorized to be appropriated by section 1506 shall be
available, in accordance with the requirements of section 4001, for
projects, programs, and activities, and in the amounts, specified in
the funding table in section 4202.
(c) Amounts for Operation and Maintenance.--The amounts authorized
to be appropriated by section 1507 shall be available, in accordance
with the requirements of section 4001, for projects, programs, and
activities, and in the amounts, specified in the funding table in
section 4302.
(d) Other Amounts.--The amounts authorized to be appropriated by
sections 1509, 1510, 1511, and 1512 shall be available, in accordance
with the requirements of section 4001, for projects, programs, and
activities, and in the amounts, specified in the funding table in
section 4402.
SEC. 1515. 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
subsection may not exceed $4,500,000,000.
(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. 1516. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY
FORCES FUND.
Funds appropriated pursuant to the authorization of appropriations
for the Afghanistan Security Forces Fund in section 1507(12) shall be
subject to the conditions contained in subsections (b) through (g) of
section 1513 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 428).
SEC. 1517. AVAILABILITY OF FUNDS IN PAKISTAN COUNTERINSURGENCY FUND.
(a) Availability.--
(1) In general.--Funds authorized to be appropriated for
the Department of State for fiscal year 2010 that are
transferred by the Secretary of State to the Secretary of
Defense during that fiscal year for the Pakistan
Counterinsurgency Fund shall be merged with amounts in the
Pakistan Counterinsurgency Fund and available subject to the
provisions of this section.
(2) Initial assessment required before use of funds.--Funds
available under this section may not be utilized until the
Secretary of Defense submits to the appropriate committees of
Congress a report setting forth an assessment by the Secretary
as to whether the Government of Pakistan is committed to
confronting the threat posed by Al Qaeda, the Taliban, and
other militant extremists based on a determination by the
Government of Pakistan that--
(A) these groups pose a threat to the national
interests of Pakistan; and
(B) confronting the threat posed by these groups is
critical to the national interests of Pakistan.
(b) Use of Funds.--
(1) In general.--Funds in the Pakistan Counterinsurgency
Fund pursuant to a transfer under subsection (a) shall be
available to the Secretary of Defense to provide assistance to
the security forces of Pakistan to build the counterinsurgency
capability of the Pakistan military forces and the Pakistan
Frontier Corps.
(2) Types of assistance.--Assistance provided under this
subsection may include the provision of equipment, supplies,
services, training, facility and infrastructure repair,
renovation, construction and funding.
(3) Urgent humanitarian relief and reconstruction.--In
addition to the assistance referred to in paragraph (2), up to
$4,000,000 of the funds in the Pakistan Counterinsurgency Fund
pursuant to a transfer described in subsection (a) may be used
for a program to respond to urgent humanitarian relief and
reconstruction requirements that will immediately assist
Pakistani people affected by military operations.
(c) Authority in Addition to Other Authorities.--The authority to
provide assistance under this section is in addition to any other
authority to provide assistance to foreign nations.
(d) Transfers Authority.--
(1) Transfers authorized.--Subject to paragraph (2), funds
in the Pakistan Counterinsurgency Fund pursuant to a transfer
described in subsection (a) may be transferred by the Secretary
of Defense from the Pakistan Counterinsurgency Fund to any of
the following accounts and funds of the Department of Defense
to accomplish the purposes specified in subsection (b):
(A) Operation and maintenance accounts.
(B) Procurement accounts.
(C) Research, development, test, and evaluation
accounts.
(D) Defense working capital funds.
(E) Overseas Humanitarian, Disaster, and Civic Aid
account.
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to any other transfer authority
available to the Department of Defense.
(3) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1) shall
be deemed to increase the amount authorized for such account by
an amount equal to the amount transferred.
(e) Prior Notice to Congress of Transfer.--Funds in the Pakistan
Counterinsurgency Fund pursuant to a transfer described in subsection
(a) may not be transferred under subsection (d)(1) from the Pakistan
Counterinsurgency Fund until 15 days after the date on which the
Secretary of Defense notifies the appropriate committees of Congress in
writing of the details of the proposed transfer.
(f) Quarterly Reports.--Not later than 30 days after the end of
each fiscal-year quarter of fiscal years 2010 and 2011, the Secretary
of Defense shall submit to the appropriate committees of Congress a
report summarizing the details of any obligation or transfer of funds
from the Pakistan Counterinsurgency Fund under this section during such
fiscal-year quarter.
(g) Duration of Authority.--Amounts transferred to the Pakistan
Counterinsurgency Fund as described in subsection (a) are available for
obligation or transfer from the Pakistan Counterinsurgency Fund in
accordance with this section until September 30, 2011.
(h) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
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 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, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII shall take effect on the later of--
(1) October 1, 2009; or
(2) the date of the enactment of this Act.
SEC. 2004. FUNDING TABLES.
(a) In General.--The amounts authorized to be appropriated by
sections 2104, 2204, 2304, 2404, 2411, 2502, and 2606 shall be
available, in accordance with the requirements of section 4001, for
projects, programs, and activities, and in the amounts, specified in
the funding table in section 4501.
(b) Base Closure and Realignment Activities.--The amounts
authorized to be appropriated by section 2703 shall be available, in
accordance with the requirements of section 4001, for projects,
programs, and activities, and in the amounts, specified in the funding
table in section 4502.
(c) Projects Funded by American Recovery and Reinvestment Act of
2009.--The amounts authorized by section 2801 shall be available, in
accordance with the requirements of section 4001, for projects,
programs, and activities, and in the amounts, specified in the funding
table in section 4503.
(d) Overseas Contingency Operations.--The amounts authorized to be
appropriated by sections 2901 and 2902 shall be available, in
accordance with the requirements of section 4001, for projects,
programs, and activities, and in the amounts, specified in the funding
table in section 4504.
SEC. 2005. TECHNICAL CORRECTIONS REGARDING CERTAIN MILITARY
CONSTRUCTION PROJECTS, NEW MEXICO.
Notwithstanding the table in section 4501, the amounts available
for the following projects at the following installations shall be as
follows:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
Senate
State Installation Project Title Authorized
Amount
----------------------------------------------------------------------------------------------------------------
New Mexico............................ Holloman Air Force Base. Fire-Crash Rescue Station.... $0
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
Senate
State Installation Project Title Authorized
Amount
----------------------------------------------------------------------------------------------------------------
New Mexico............................ Cannon Air Force Base... SOF AC 130 Loadout Apron $6,000,000
Phase 1.....................
----------------------------------------------------------------------------------------------------------------
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Fort Richardson.................................. $56,050,000
Fort Wainwright.................................. $198,000,000
Alabama..................................... Redstone Arsenal................................. $3,550,000
Arizona..................................... Fort Huachuca.................................... $21,000,000
Arkansas.................................... Pine Bluff Arsenal............................... $25,000,000
California.................................. Fort Irwin....................................... $9,500,000
Colorado.................................... Fort Carson...................................... $233,400,000
Florida..................................... Eglin Air Force Base............................. $132,800,000
Georgia..................................... Fort Benning..................................... $295,300,000
Fort Gillem...................................... $10,800,000
Fort Stewart/Hunter Army Air Field............... $105,967,000
Hawaii...................................... Schofield Barracks............................... $184,000,000
Wheeler Army Air Field........................... $7,500,000
Kansas...................................... Fort Riley....................................... $168,500,000
Kentucky.................................... Fort Knox........................................ $70,000,000
Louisiana................................... Fort Polk........................................ $49,000,000
Maryland.................................... Aberdeen Proving Ground.......................... $15,500,000
Fort Detrick..................................... $39,000,000
Missouri.................................... Fort Leonard Wood................................ $163,000,000
New York.................................... Fort Drum........................................ $84,500,000
North Carolina.............................. Fort Bragg....................................... $113,650,000
Sunny Point (Military Ocean Terminal)............ $28,900,000
Oklahoma.................................... Fort Sill........................................ $90,500,000
McAlester Army Ammunition Plant.................. $12,500,000
South Carolina.............................. Fort Jackson..................................... $103,500,00
Naval Weapons Station, Charleston................ $21,800,000
Texas....................................... Fort Bliss....................................... $219,400,000
Fort Hood........................................ $32,100,000
Fort Sam Houston................................. $19,800,000
Utah........................................ Dugway Proving Ground............................ $25,000,000
Virginia.................................... Fort A.P. Hill................................... $23,000,000
Fort Belvoir..................................... $17,900,000
Fort Eustis...................................... $8,900,000
Washington.................................. Fort Lewis....................................... $9,700,000
----------------------------------------------------------------------------------------------------------------
(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
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan................................... Bagram Airfield................................ $106,600,000
Germany....................................... Ansbach........................................ $31,700,000
Kleber Kaserne................................. $20,000,000
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 $4,262,800,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $2,619,217,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $302,500,000.
(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, $178,029,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $241,236,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $523,418,000.
(6) For the construction of increment 4 of a brigade
complex at Fort Lewis, Washington, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2445), as amended by section 20814 of the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-
289), as added by section 2 of the Revised Continuing
Resolution, 2007 (Public Law 110-5; 121 Stat 41), $102,000,000.
(7) For the construction of increment 3 of a brigade
complex operational support facility at Vicenza, Italy,
authorized by section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 505), $23,500,000.
(8) For the construction of increment 3 of a brigade
complex barracks and community support facility at Vicenza,
Italy, authorized by section 2101(b) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B
of Public Law 110-181; 122 Stat. 505), $22,500,000.
(9) For the construction of increment 3 of the United
States Southern Command Headquarters at Miami Doral, Florida,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 504), $55,400,000.
(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/Hunter Army Air Field, Georgia,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public
Law 110-417; 122 Stat. 4659), $80,000,000.
(12) For the construction of increment 2 of the family
housing replacement construction at Wiesbaden Air Base,
Germany, authorized by section 2102(a) of the Military
Construction Authorization Act for Fiscal Year 2009 (division B
of Public Law 110-417; 122 Stat. 4663), $10,000,000.
(13) For the construction of increment 2 of the family
housing replacement construction at Wiesbaden Air Base,
Germany, authorized by section 2102(a) of the Military
Construction Authorization Act for Fiscal Year 2009 (division B
of Public Law 110-417; 122 Stat. 4663), $11,000,000.
(14) For the construction of increment 2 of the family
housing replacement construction at Wiesbaden Air Base,
Germany, authorized by section 2102(a) of the Military
Construction Authorization Act for Fiscal Year 2009 (division B
of Public Law 110-417; 122 Stat. 4663), $11,000,000.
(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) $25,000,000 (the balance of the amount authorized under
section 2101(b) of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 505) for construction of a brigade complex operations
support facility at Vicenza, Italy.
(3) $26,000,000 (the balance of the amount authorized under
section 2101(b) of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 505) for construction of a brigade complex operations
support facility at Vicenza, Italy.
SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), the authorizations set forth in
the table in subsection (b), as provided in section 2101 of that Act
(119 Stat. 3485), shall remain in effect until October 1, 2010, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2011, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii................................ Pohakuloa Training Area. Tactical Vehicle Wash Facility... $9,207,000
Pohakuloa Training Area. Battle Area Complex.............. $33,660,000
----------------------------------------------------------------------------------------------------------------
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Marine Corps Air Station, Yuma................. $28,770,000
California.................................... Mountain Warfare Training Center, Bridgeport... $4,460,000
Edwards Air Force Base......................... $3,007,000
Marine Corps Air Station, Miramar.............. $9,280,000
Marine Corps Base, Pendleton................... $775,162,000
Naval Base Point Loma.......................... $8,730,000
Marine Corps Recruit Depot, San Diego.......... $23,590,000
Marine Air Ground Combat Center Twentynine $513,680,000
Palms.
Florida....................................... Marine Corps Support Facility, Blount Island... $3,760,000
Eglin Air Force Base........................... $50,847,000
Naval Air Station, Jacksonville................ $5,917,000
Naval Air Station, Whiting Field............... $4,120,000
Naval Station, Mayport......................... $75,985,000
Pensacola...................................... $26,161,000
Hawaii........................................ Naval Station Pearl Harbor..................... $65,542,000
Marine Corps Base, Hawaii...................... $5,380,000
Indiana....................................... Naval Support Activity Crane................... $13,710,000
Maine......................................... Portsmouth Naval Shipyard...................... $7,100,000
Nevada........................................ Naval Air Station Fallon....................... $11,450,000
North Carolina................................ Marine Corps Air Station, Cherry Point......... $22,960,000
Marine Corps Air Station, New River............ $107,090,000
Marine Corps Base, Camp Lejeune................ $673,570,000
Rhode Island.................................. Naval Station, Newport......................... $56,353,000
South Carolina................................ Marine Corps Air Station, Beaufort............. $1,280,000
Marine Corps Recruit Depot, Parris Island...... $6,972,000
Texas......................................... Naval Air Station, Corpus Christi.............. $19,764,000
Virginia...................................... Dahlgren....................................... $3,660,000
Marine Corps Base, Quantico.................... $105,240,000
Naval Amphibious Base, Little Creek............ $13,095,000
Naval Station, Norfolk......................... $18,139,000
Norfolk Naval Shipyard......................... $226,969,000
Washington.................................... Bremerton...................................... $69,064,000
Spokane........................................ $12,707,000
West Virginia................................. Naval Security Group, Sugar Grove.............. $9,650,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installation or location outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain....................................... Southwest Asia.................................. $41,526,000
Djibouti...................................... Djibouti........................................ $41,845,000
Guam.......................................... Naval Activities, Guam.......................... $286,829,000
Spain......................................... Naval Station, Rota............................. $26,278,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number of units,
and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Korea.................................. Pusan............................ Welcome center/ $4,376.000
warehouse
Mariana Islands........................ Naval Activities, Guam........... 30 $20,730,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $2,771,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $118,692,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2009, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $4,053,880,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $2,756,105,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $229,445,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,483,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $166,896,000.
(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 3 of a submarine
drive-in magnetic silencing facility at Naval Base Pearl
Harbor, Hawaii, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B
of Public Law 110-181; 122 Stat. 510), $8,645,000.
(7) For the construction of increment 6 of the limited area
production and storage complex at Bangor, Washington,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2106), $87,292,000.
(8) For the construction of increment 2 of enclave fencing
at Naval Submarine Base, Bangor, Washington, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3490), as amended by section 2205 of this Act,
$67,419,000.
(9) For the construction of the first increment of a ship
repair pier replacement at Norfolk Naval Shipyard, Virginia,
authorized by section 2201(a), $126,969,000.
(10) For the construction of the first increment of a
wharves improvement, Apra Harbor, Guam, authorized by section
2201(b), $83,517,000.
(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 2201 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $100,000,000 (the balance of the amount authorized
under section 2202(a) for Ship Repair Pier Replacement at the
Norfolk Naval Shipyard, Virginia).
(3) $83,516,000 (the balance of the amount of $167,033,000
authorized under section 2202(b) for wharves improvements, Apra
Harbor, Guam).
SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2006 PROJECT.
(a) Modification.--The table in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3490) is amended in the item relating to
Naval Submarine Base, Bangor, Washington, by striking ``$60,160,000''
and inserting ``$127,163,000''.
(b) Conforming Amendment.--Section 2204(b) of that Act (119 Stat.
3492) is amended by adding at the end the following new subparagraph:
``(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 an Act authorizing funds
for military construction for fiscal year 2013, whichever is later.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Clear Air Force Station..................... $24,300,000
Eielson Air Force Base...................... $13,350,000
Elmendorf Air Force Base.................... $15,700,000
Arizona........................................ Davis-Monthan Air Force Base................ $41,900,000
Arkansas....................................... Little Rock Air Force Base.................. $16,200,000
California..................................... Travis Air Force Base....................... $6,900,000
Vandenberg Air Force Base................... $13,000,000
Colorado....................................... Peterson Air Force Base..................... $25,100,000
United States Air Force Academy............. $17,500,000
Delaware....................................... Dover Air Force Base........................ $24,900,000
Florida........................................ Eglin Air Force Base........................ $59,800,000
Hurlburt Field.............................. $10,500,000
MacDill Air Force Base...................... $38,300,000
Patrick Air Force Base...................... $8,400,000
Georgia........................................ Moody Air Force Base........................ $8,900,000
Hawaii......................................... Wheeler Air Force Base...................... $15,000,000
Idaho.......................................... Mountain Home Air Force Base................ $20,000,000
Illinois....................................... Scott Air Force Base........................ $7,400,000
Louisiana...................................... Barksdale Air Force Base.................... $12,800,000
Maryland....................................... Andrews Air Force Base...................... $9,300,000
Nebraska....................................... Offutt Air Force Base....................... $10,400,000
Nevada......................................... Creech Air Force Base....................... $2,700,000
New Mexico..................................... Cannon Air Force Base....................... $15,000,000
Holloman Air Force Base..................... $15,500,000
North Carolina................................. Pope Air Force Base......................... $7,700,000
North Dakota................................... Grand Forks Air Force Base.................. $12,000,000
Minot Air Force Base........................ $11,500,000
Ohio........................................... Wright-Patterson Air Force Base............. $58,600,000
Oklahoma....................................... Altus Air Force Base........................ $20,300,000
Tinker Air Force Base....................... $13,037,000
Vance Air Force Base........................ $10,700,000
South Dakota................................... Ellsworth Air Force Base.................... $14,500,000
Texas.......................................... Dyess Air Force Base........................ $4,500,000
Goodfellow Air Force Base................... $44,400,000
Lackland Air Force Base..................... $113,879,000
Sheppard Air Force Base..................... $11,600,000
Utah........................................... Hill Air Force Base......................... $21,053,000
Virginia....................................... Langley Air Force Base...................... $10,000,000
Washington..................................... Fairchild Air Force Base.................... $11,000,000
Wyoming........................................ Francis E. Warren Air Force Base............ $9,100,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
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 $58,202,000
Base.
Qatar.......................... Al Udeid Air Base..... $60,000,000
Turkey......................... Incirlik Air Base..... $9,200,000
------------------------------------------------------------------------
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 $1,736,421,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $812,115,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $253,602,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$18,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $83,667,000.
(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 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, 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/Country 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 Housing $18,144,000
(300 Units)................
North Dakota.......................... Grand Forks Air Force Replace Family Housing (150 $43,353,000
Base.................... Units).....................
----------------------------------------------------------------------------------------------------------------
SEC. 2307. TEMPORARY PROHIBITION ON USE OF FUNDS FOR MILITARY
CONSTRUCTION IMPROVEMENTS, PALANQUERO AIR BASE, COLOMBIA.
None of the funds authorized to be appropriated in section 2304(2)
may be obligated or expended for runway and apron expansion or other
military construction improvements at Palanquero Air Base, Colombia,
until the Secretary of Defense, in consultation with the Secretary of
State, certifies to the congressional defense committees that
negotiations between the United States Government and the Government of
Colombia have resulted in access rights that will permit United States
Southern Command (SOUTHCOM) to perform adequately its mission.
SEC. 2308. CONVEYANCE TO INDIAN TRIBES OF CERTAIN HOUSING UNITS.
(a) Definitions.--In this section:
(1) Executive director.--The term ``Executive Director''
means the Executive Director of Walking Shield, Inc.
(2) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe included on the list published by the Secretary of
the Interior under section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C.479a-1).
(b) Requests for Conveyance.--
(1) In general.--The Executive Director may submit to the
Secretary of the Air Force, on behalf of any Indian tribe
located in the State of Idaho, Nevada, North Dakota, Oregon,
South Dakota, Montana, or Minnesota, a request for conveyance
of any relocatable military housing unit located at Grand Forks
Air Force Base, Minot Air Force Base, Malmstrom Air Force Base,
Ellsworth Air Force Base, or Mountain Home Air Force Base.
(2) Conflicts.--The Executive Director shall resolve any
conflict among requests of Indian tribes for housing units
described in paragraph (1) before submitting a request to the
Secretary of the Air Force under this subsection.
(c) Conveyance by Secretary.--Notwithstanding any other provision
of law, on receipt of a request under subsection (c)(1), the Secretary
of the Air Force may convey to the Indian tribe that is the subject of
the request, at no cost to the Air Force and without consideration, any
relocatable military housing unit described in subsection (c)(1) that,
as determined by the Secretary, is in excess of the needs of the
military.
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia...................................... Fort Benning..................................... $2,330,000
Fort Stewart/Hunter Army Air Field............... $22,501,000
North Carolina............................... Fort Bragg....................................... $3,439,000
----------------------------------------------------------------------------------------------------------------
Defense Information Systems Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Hawaii......................................... Naval Station Pearl Harbor, Ford Island........ $9,633,000
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... El Centro........................................ $11,000,000
Point Loma Annex................................. $55,000,000
Travis Air Force Base, California................ $15,357,000
Florida...................................... Jacksonville International Airport (Air National $11,500,000
Guard).
Minnesota.................................... Duluth International Airport (Air National Guard) $15,000,000
Oklahoma..................................... Altus Air Force Base............................. $2,700,000
Texas........................................ Fort Hood........................................ $3,000,000
Washington................................... Fairchild Air Force Base......................... $7,500,000
----------------------------------------------------------------------------------------------------------------
Missile Defense Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Redstone Arsenal................................. $12,000,000
Virginia..................................... Naval Support Facility, Dahlgren................. $24,500,000
----------------------------------------------------------------------------------------------------------------
National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland...................................... Fort Meade...................................... $203,800,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Naval Amphibious Base, Coronado................. $15,722,000
Colorado...................................... Fort Carson..................................... $48,246,000
Florida....................................... Eglin Air Force Base............................ $3,046,000
Hurlburt Field.................................. $8,156,000
Georgia....................................... Fort Benning.................................... $3,046,000
Kentucky...................................... Fort Campbell................................... $32,335,000
New Mexico.................................... Cannon Air Force Base........................... $58,864,000
North Carolina................................ Fort Bragg...................................... $101,488,000
Marine Corps Base, Camp Lejeune................. $11,791,000
Virginia...................................... Naval Amphibious Base, Little Creek............. $18,669,000
Washington.................................... Fort Lewis...................................... $14,500,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska....................................... Elmendorf Air Force Base......................... $25,017,000
Fort Richardson.................................. $3,518,000
Colorado..................................... Fort Carson...................................... $31,900,000
Georgia...................................... Fort Benning..................................... $17,200,000
Fort Stewart/Hunter Army Air Field............... $22,200,000
Kentucky..................................... Fort Campbell.................................... $8,600,000
Maryland..................................... Fort Detrick..................................... $29,807,000
Missouri..................................... Fort Leonard Wood................................ $5,570,000
North Carolina............................... Fort Bragg....................................... $57,658,000
Oklahoma..................................... Fort Sill........................................ $10,554,000
Texas........................................ Lackland Air Force Base.......................... $470,318,000
Fort Bliss....................................... $200,575,000
Washington................................... Fort Lewis....................................... $15,636,000
----------------------------------------------------------------------------------------------------------------
Washington Headquarters Services
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Virginia..................................... Pentagon Reservation............................. $27,672,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following tables:
Defense Education Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium....................................... Brussels........................................ $38,124,000
Germany....................................... Boeblingen...................................... $50,000,000
Kaiserslautern.................................. $93,545,000
Wiesbaden Air Base.............................. $5,379,000
United Kingdom Royal Air Force Lakenheath...................... $4,509,000
----------------------------------------------------------------------------------------------------------------
Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Korea......................................... K-16 Airfield................................... $5,050,000
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba.......................................... Naval Air Station, Guantanamo Bay............... $12,500,000
Guam.......................................... Naval Air Station, Agana........................ $4,900,000
Korea......................................... Osan Air Base................................... $28,000,000
United Kingdom................................ Royal Air Force Mildenhall...................... $4,700,000
----------------------------------------------------------------------------------------------------------------
National Security Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom................................ Royal Air Force Menwith Hill Station............ $37,588,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam.......................................... Naval Activities, Guam.......................... $446,450,000
United Kingdom................................ Royal Air Force Alconbury....................... $14,227,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(7), the Secretary of Defense may
construct or acquire family housing units (including land acquisition
and supporting facilities) at the installation, in the number of units,
and in the amount set forth in the following table:
Defense Logistics Agency: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania........................... Cumberland Depot........... 6......................... $2,859,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(6), the Secretary of Defense may
carry out energy conservation projects under chapter 173 of title 10,
United States Code, in the amount of $123,013,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2009, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments) in
the total amount of $3,290,025,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $969,373,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $298,522,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$36,025,000.
(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, $137,942,000.
(6) For energy conservation projects authorized by section
2403 of this Act, $123,013,000.
(7) For military family housing functions:
(A) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $49,214,000.
(B) For construction and acquisition of military
family housing and facilities, $2,859,000.
(C) For the Homeowners Assistance Fund established
under section 1013 of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374),
$373,225,000.
(D) For credit to the Department of Defense Family
Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code, $2,600,000.
(8) For the construction of increment 2 of replacement fuel
storage facilities at Point Loma Annex, California, authorized
by section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 521), $92,300,000.
(9) For the construction of increment 3 of a special
operations facility at Dam Neck, Virginia, authorized by
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 521), $15,967,000.
(10) For the construction of increment 2 of the USAMRICD
replacement facility at Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public
Law 110-417 122 Stat. 4689), $111,400,000.
(11) For the construction of increment 4 of the USAMRIID
stage I facility at Fort Detrick, Maryland, authorized by
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2457), $108,000,000.
(12) For the construction of fuel storage tanks and
pipeline replacement at Souda Bay, Greece, authorized by
section 2401(b) of the Military Construction Authorization Act
for Fiscal Year 2009 (division B of Public Law 110-417; 122
Stat. 4691), $24,000,000.
(13) For the construction of the first increment of the
hospital replacement, Guam, authorized by section 2401(b),
$200,000,000.
(14) For the construction of the first increment of the
Ambulatory Care Center at Lackland Air Force Base, Texas,
authorized by section 2401(a), $72,610,000.
(15) For the construction of the first increment of the
hospital replacement phase I at Fort Bliss, Texas, authorized
by section 2401(a), $62,975,000.
(16) For the construction of increment 2 of the Utah Data
Center at Camp Williams, Utah, authorized in the Supplemental
Appropriations Act, 2009 (Public Law 111-32), $600,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $200,000,000 (the balance of the amount authorized by
section 2401(b) for the hospital replacement, Guam).
(3) $368,390,000 (the balance of the amount authorized by
section 2401(a) for the Ambulatory Care Center at Lackland Air
Force Base, Texas).
(4) $820,000,000 (the balance of the amount authorized in
the Supplemental Appropriations Act, 2009 (Public Law 111-32)
for the Utah Data Center, Camp Williams, Utah).
(5) $24,000,000 (the balance of the amount authorized by
section 2401(a) for the hospital replacement phase I, Fort
Bliss, Texas).
(6) $290,000,000 (the balance of the amount authorized by
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2009 (division B of Public Law 110-417; 122
Stat. 4689) for the USAMRIID replacement facility at Aberdeen
Proving Ground, Maryland).
(7) $47,000,000 (the balance of the amount authorized by
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 521), as modified by section 2401(a) of this Act, for the
replacement of fuel storage facilities at Point Loma Annex,
California).
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2008 PROJECT.
(a) Modification.--The table relating to the Defense Logistics
Agency in section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
521) is amended in the item relating to Point Loma Annex, California,
by striking ``$140,000,000'' in the amount column and inserting
``$195,000,000''.
(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. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2009 PROJECT.
(a) Modification.--The table relating to the Defense Logistics
Agency in section 2401(b) of the Military Construction Authorization
Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat.
4691) is amended in the item relating to Souda Bay, Greece, by striking
``$8,000,000'' in the amount column and inserting ``$32,000,000''.
(b) Conforming Amendments.--Section 2403 of that Act (122 Stat.
4692) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``$246,360,000''
and inserting ``$238,360,000''; and
(B) by adding at the end the following new
paragraph:
``(11) For construction of the first increment of fuel
storage tanks and pipeline replacement at Souda Bay, Greece,
$8,000,000.''; and
(2) in subsection (b), by 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. 2407. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2007
PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2463), authorizations set forth in the
table in subsection (b), as provided in section 2402 of that Act, shall
remain in effect until October 1, 2010, or the date of the enactment of
an Act authorizing funds for military construction for fiscal year
2011, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Logistics Agency: Extension of 2007 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project 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
$151,541,000, as follows:
(1) For the construction of phase 11 of a munitions
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104-201; 110 Stat. 2775), as amended by section
2406 of the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106-65; 113 Stat. 839),
section 2407 of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2698), and section 2413 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public
Law 110-417; 122 Stat. 4697), $92,500,000.
(2) For the construction of phase 10 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298), section
2405 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
and section 2414 of the Military Construction Authorization Act
for Fiscal Year 2009 (division B of Public Law 110-417; 122
Stat. 4697), $59,041,000.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
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.
(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..................................... Fresno Yosemite International Airport............ $9,900,000
Los Alamitos..................................... $31,000,000
Georgia........................................ Fort Benning..................................... $15,500,000
Iowa........................................... Johnston......................................... $4,000,000
Idaho.......................................... Gowen Field...................................... $16,100,000
Illinois....................................... Milan............................................ $5,600,000
Indiana........................................ Muscatatuck...................................... $10,100,000
Kansas......................................... Salina Army National Guard Aviation Facility..... $2,227,000
Massachusetts.................................. Hanscom Air Force Base........................... $29,000,000
Minnesota...................................... Arden Hills...................................... $6,700,000
Camp Ripley...................................... $1,710,000
Missouri....................................... Boonville........................................ $1,800,000
Mississippi.................................... Camp Shelby...................................... $16,100,000
Monticello....................................... $14,350,000
Nebraska....................................... Lincoln.......................................... $23,000,000
New Mexico..................................... Santa Fe......................................... $39,000,000
Nevada......................................... Carson City...................................... $2,000,000
North Las Vegas.................................. $26,000,000
Oregon......................................... Clatsop County, Warrenton........................ $3,369,000
South Carolina................................. Eastover......................................... $26,000,000
Greenville....................................... $40,000,000
South Dakota................................... Camp Rapid....................................... $9,840,000
Texas.......................................... Austin........................................... $22,200,000
Virginia....................................... Fort Pickett..................................... $32,000,000
Vermont........................................ Ethan Allen Firing Range......................... $1,996,000
West Virginia.................................. St. Albans Armory, St. Albans.................... $2,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside 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 outside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
Territory or Commonwealth Location Amount
----------------------------------------------------------------------------------------------------------------
Guam........................................... Barrigada........................................ $30,000,000
Virgin Islands................................. St. Croix........................................ $20,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
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 Reserve locations, and in the amounts, set forth in the
following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
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 (Winder)................................. $14,000,000
Illinois........................................ Chicago (Joliet)................................. $23,000,000
Minnesota....................................... Fort Snelling (Minneapolis)...................... $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
Fort Bliss....................................... $9,500,000
Houston.......................................... $24,000,000
San Antonio (Fort Sam Houston)................... $20,000,000
Wisconsin....................................... Fort McCoy....................................... $28,850,000
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(2), 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........................................ Phoenix (Luke Air Force Base).................... $10,986,000
California..................................... Alameda.......................................... $5,960,000
Illinois....................................... Joliet Army Ammunition Plant..................... $7,957,000
South Carolina................................. Charleston....................................... $4,240,000
Virginia....................................... Oceana Naval Air Station......................... $30,400,000
Texas.......................................... San Antonio...................................... $2,210,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(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 Force Base..................... $5,600,000
California..................................... Southern California Logistics Airport............ $8,400,000
Colorado....................................... Buckley Air National Guard Base.................. $4,500,000
Connecticut.................................... Bradley National Airport......................... $9,100,000
Hawaii......................................... Hickam Air Force Base............................ $33,000,000
Iowa........................................... Des Moines....................................... $4,600,000
Massachusetts.................................. Otis Air National Guard Base..................... $12,800,000
Maryland....................................... Andrews Air Force Base........................... $14,000,000
Maine.......................................... Bangor International Airport..................... $28,000,000
Michigan....................................... Alpena........................................... $8,900,000
Battle Creek Air National Guard Base............. $14,000,000
Selfridge Air National Guard Base................ $7,100,000
Minnesota...................................... Minnesota/Saint Paul International Airport....... $1,900,000
Missouri....................................... Rosecrans Memorial Airport....................... $9,300,000
Mississippi.................................... Columbus Air Force Base.......................... $10,000,000
Montana........................................ Malmstrom Air Force Base......................... $9,600,000
Nebraska....................................... Lincoln.......................................... $1,500,000
New Hampshire.................................. Pease Air National Guard Base.................... $10,000,000
New Jersey..................................... McGuire, Air Force Base.......................... $9,700,000
Nevada......................................... Reno............................................. $10,800,000
Ohio........................................... Mansfield Lahm Airport........................... $11,400,000
Oklahoma....................................... Will Rogers World Airport........................ $7,300,000
South Carolina................................. McEntire Joint National Guard Base............... $1,300,000
South Dakota................................... Joe Foss Field................................... $2,600,000
Tennessee...................................... 164th Airlift Wing, Memphis...................... $9,800,000
Utah........................................... Hill Air Force Base.............................. $5,100,000
Vermont........................................ Burlington International Airport................. $6,000,000
Wisconsin...................................... General Mitchell International Airport........... $5,000,000
West Virginia.................................. Martinsburg...................................... $19,500,000
Wyoming........................................ Cheyenne Airport................................. $1,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(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
----------------------------------------------------------------------------------------------------------------
Colorado........................................ Schriever Air Force Base......................... $10,200,000
Mississippi..................................... Keesler Air Force Base........................... $9,800,000
New York........................................ Niagra Falls Air Reserve Base.................... $5,700,000
Pennsylvania.................................... Pittsburgh Air Reserve Base...................... $12,400,000
Texas........................................... Lackland Air Force Base.......................... $1,500,000
Utah............................................ Hill Air Force Base.............................. $3,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, 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--
(A) for the Army National Guard of the United
States, $481,773,000; and
(B) for the Army Reserve, $378,712,000.
(2) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $64,124,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $301,361,000; and
(B) for the Air Force Reserve, $45,576,000.
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), 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 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Montana................................. Townsend.................... Automated Qualification $2,532,000
Training Range.
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 1990.
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 $396,768,000.
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, 2008, 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 $7,479,498,000.
SEC. 2704. REPORT ON GLOBAL DEFENSE POSTURE REALIGNMENT AND INTERAGENCY
REVIEW.
(a) Interagency Review of Overseas Master Plans.--At the same time
that the budget is submitted under section 1105(a) of title 31, United
States Code, for a fiscal year, the Secretary of Defense shall submit
to the congressional defense committees and the Committee on Foreign
relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report on the status of overseas base
closure and realignment actions undertaken as part of a global defense
posture realignment strategy and the status of development and
execution of comprehensive master plans for overseas military main
operating bases, forward operating sites, and cooperative security
locations. The report shall address the following:
(1) How the plans would support the security commitments
undertaken by the United States pursuant to any international
security treaty, including, the North Atlantic Treaty, The
Treaty of Mutual Cooperation and Security between the United
States and Japan, and the Security Treaty Between Australia,
New Zealand, and the United States of America.
(2) The impact of such plans on the current security
environments in the combatant commands, including United States
participation in theater security cooperation activities and
bilateral partnership, exchanges, and training exercises.
(3) Any comments of the Secretary of Defense resulting from
an interagency review of these plans that includes the
Department of State and other Federal departments and agencies
that the Secretary of Defense deems necessary for national
security.
(b) Interagency Overseas Basing Report.--Section 118 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(h) Interagency Overseas Basing Report.--Not later than 90 days
after submitting a report on a quadrennial defense review under
subsection (d), the Secretary shall submit to the congressional defense
committees a report detailing how the results of the assessment
conducted as part of such review will impact the status of overseas
base closure and realignment actions undertaken as part of a global
defense posture realignment strategy and the status of development and
execution of comprehensive master plans for overseas military main
operating bases, forward operating sites, and cooperative security
locations of the global defense posture of the United States. The
report shall include any recommendations for additional closures or
realignments of military installations outside of the United States.
The report shall include any comments resulting from an interagency
review of these plans that includes the Department of State and other
relevant Federal departments and agencies.''.
SEC. 2705. SENSE OF THE SENATE ON NEED FOR COMMUNITY ASSISTANCE RELATED
TO BASE CLOSURES AND REALIGNMENTS AND FORCE
REPOSITIONING.
(a) Findings.--The Senate makes the following findings:
(1) The 2005 round of defense base closures and
realignments (BRAC) has resulted in a requirement to dispose of
excess Federal property in addition to property determined to
be excess as the result of decisions in four previous rounds of
base realignments and closures in 1988, 1991, 1993, and 1995.
(2) The Department of Defense has primary responsibility to
dispose of Federal property resulting from the closure or
realignment of military installations under 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).
(3) The Department of Defense is authorized to dispose of
BRAC property using a range of methods including administrative
transfer to another Federal agency, public benefit conveyances,
homeless housing assistance, economic development conveyances,
negotiated sales, or public sales.
(4) The Department of Defense is authorized to convey
property to local redevelopment agencies representing
communities affected by base closures and realignments for the
purpose of economic development.
(5) The Department of Defense is authorized to assess the
needs of the local community and the intended use of the
property in determining the amount of compensation to be
received in exchange for the economic development conveyance.
(6) The Department of Defense is authorized to receive an
amount for the economic development conveyance that may range
from fair market value to an amount less than fair market, to
no cost to the conveyee, depending on the local economic
conditions.
(7) The Department of Defense is required to use any
monetary proceeds gained from the disposal of BRAC property to
fund environmental clean-up, remediation, and compliance
actions required to safely dispose of BRAC property.
(8) Any revenue foregone as a result of a decision not to
seek fair market value for disposed property must be
compensated with appropriated funds requested by the Department
of Defense in annual budget submissions to Congress.
(b) Sense of the Senate.--It is the sense of the Senate that, as
the Federal Government implements base closures and realignments,
global repositioning, and grow the force initiatives, it is necessary--
(1) to assist local communities coping with the impact of
these programs at both closed and active military
installations; and
(2) to comprehensively assess the needs and degree of
Federal assistance to communities to effectively implement the
various initiatives of the Department of Defense while aiding
communities to either recover quickly from closures or to
accommodate growth associated with troop influxes.
SEC. 2706. RELOCATION OF CERTAIN ARMY RESERVE UNITS IN CONNECTICUT.
The Secretary of the Army may use funds appropriated pursuant to
the authorization of appropriations in section 2703 for the purpose of
constructing an Army Reserve Center and Maintenance Facility in the
vicinity of Newtown, Connecticut, at a location determined by the
Secretary to be in the best interest of national security and in the
public interest.
SEC. 2707. AUTHORITY TO CONSTRUCT PREVIOUSLY AUTHORIZED ARMED FORCES
RESERVE CENTER IN VICINITY OF SPECIFIED LOCATION AT PEASE
AIR NATIONAL GUARD BASE, NEW HAMPSHIRE.
The Secretary of the Army may use funds appropriated pursuant to
the authorization of appropriations in section 2703 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4715) for the purpose of constructing an Armed
Forces Reserve Center at Pease Air National Guard Base, New Hampshire,
to construct instead an Armed Forces Reserve Center in the vicinity of
Pease Air National Guard Base at a location determined by the Secretary
to be in the best interest of national security and in the public
interest.
SEC. 2708. REQUIREMENT FOR MASTER PLAN TO PROVIDE WORLD CLASS MILITARY
MEDICAL FACILITIES IN THE NATIONAL CAPITAL REGION.
(a) Master Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall develop
and implement a comprehensive master plan to provide world class
military medical facilities and an integrated system of health care
delivery for the National Capital Region that--
(1) addresses--
(A) the unique needs of members of the Armed Forces
and retired members of the Armed Forces and their
families;
(B) the care, management, and transition of
seriously ill and injured members of the Armed Forces
and their families;
(C) the missions of the branch or branches of the
Armed Forces served; and
(D) performance expectations for the future
integrated health care delivery system, including--
(i) information management and information
technology support; and
(ii) expansion of support services;
(2) includes the establishment of an integrated process for
the joint development of budgets, prioritization of
requirements, and the allocation of funds;
(3) designates a single entity within the Department of
Defense with the budget and operational authority to respond
quickly to and address emerging facility and operational
requirements required to provide and operate world class
military medical facilities in the National Capital Region;
(4) incorporates all ancillary and support facilities at
the National Naval Medical Center, Bethesda, Maryland,
including education and research facilities as well as centers
of excellence, transportation, and parking structures required
to provide a full range of adequate care and services for
members of the Armed Forces and their families;
(5) ensures that each facility covered by the plan meets or
exceeds Joint Commission hospital design standards as
applicable; and
(6) can be used as a model to develop similar master plans
for all military medical facilities within the Department of
Defense.
(b) Milestone Schedule and Cost Estimates.--Not later than 90 days
after the development of the master plan required by (a), the Secretary
shall submit to the congressional defense committees a report
describing--
(1) the schedule for completion of requirements identified
in the master plan; and
(2) updated cost estimates to provide world class military
medical facilities for the National Capital Region.
(c) Definitions.--In this section:
(1) National capital region.--The term ``National Capital
Region'' has the meaning given the term in section 2674(f) of
title 10, United States Code.
(2) World class military medical facility.--The term
``world class military medical facility'' has the meaning given
the term by the National Capital Region Base Realignment and
Closure Health Systems Advisory Subcommittee of the Defense
Health Board in appendix B of the report entitled ``Achieving
World Class - An Independent Review of the Design Plans for the
Walter Reed National Military Medical Center and the Fort
Belvoir Community Hospital'', published in May, 2009.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
SEC. 2801. MILITARY CONSTRUCTION AND LAND ACQUISITION PROJECTS
AUTHORIZED BY AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009.
(a) Authorized Army Construction and Land Acquisition Projects.--
Using amounts appropriated by title X of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 191), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Colorado.................................... Fort Carson...................................... $12,500,000
Georgia..................................... Fort Stewart (Hunter Army Airfield).............. $8,600,000
Kentucky.................................... Fort Campbell.................................... $43,000,000
North Carolina.............................. Fort Bragg....................................... $11,300,000
New York.................................... Fort Drum........................................ $10,700,000
Texas....................................... Fort Bliss....................................... $57,000,000
Fort Hood........................................ $12,700,000
Virginia.................................... Fort Belvoir..................................... $14,600,000
Fort Eustis...................................... $9,600,000
----------------------------------------------------------------------------------------------------------------
(b) Authorized Navy Construction and Land Acquisition Projects.--
Using amounts appropriated by title X of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 191), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Marine Corps Base Camp Pendleton................. $35,052,000
Naval Air Station Lemoore........................ $7,793,000
Naval Base Coronado.............................. $88,576,000
Naval Base Point Loma............................ $11,844,000
Florida..................................... Naval Station Mayport............................ $10,220,000
Hawaii...................................... Marine Corps Base Hawaii......................... $19,360,000
Maryland.................................... Naval Support Activity Annapolis................. $1,994,000
Naval Surface Warfare Center Carderock........... $1,253,000
North Carolina.............................. Marine Corps Air Station New River............... $3,039,000
Marine Corps Base Camp Lejeune................... $13,779,000
Tennessee................................... Naval Support Activity Mid-South................. $11,960,000
Virginia.................................... Hampton Roads.................................... $26,098,000
Naval Station Norfolk............................ $24,647,000
Washington.................................. Naval Air Station Whidbey Island................. $20,054,000
Various..................................... Various Locations................................ $4,331,000
----------------------------------------------------------------------------------------------------------------
(c) Authorized Air Force Construction and Land Acquisition
Projects.--Using amounts appropriated by title X of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat.
191), the Secretary of the Air Force may acquire real property and
carry out military construction projects for the installations or
locations inside the United States, and in the amounts, set forth in
the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Eielson Air Force Base........................... $53,900,000
Alabama..................................... Birmingham....................................... $2,300,000
Arkansas.................................... Fort Smith....................................... $7,800,000
Colorado.................................... Peterson Air Force Base.......................... $11,200,000
Florida..................................... Hurlburt Field................................... $11,000,000
Georgia..................................... Moody Air Force Base............................. $11,400,000
Iowa........................................ Des Moines....................................... $6,000,000
Kansas...................................... Forbes........................................... $4,100,000
Maryland.................................... Andrews Air Force Base........................... $8,000,000
Mississippi................................. Keesler Air Force Base........................... $20,800,000
Montana..................................... Malmstrom Air Force Base......................... $26,200,000
North Dakota................................ Minot Air Force Base............................. $28,300,000
New Jersey.................................. Atlantic City.................................... $4,300,000
New Mexico.................................. Cannon Air Force Base............................ $12,000,000
Nevada...................................... Nellis Air Force Base............................ $13,400,000
Pennsylvania................................ Fort Indian Town Gap............................. $7,000,000
South Carolina.............................. Shaw Air Force Base.............................. $22,500,00
Texas....................................... Goodfellow Air Force Base........................ $28,400,000
Lackland Air Force Base.......................... $6,000,000
Utah........................................ Hill Air Force Base.............................. $15,000,000
Salt Lake City................................... $5,100,000
Wisconsin................................... General Mitchell................................. $1,100,000
West Virginia............................... Eastern West Virginia Regional Airport........... $4,300,000
----------------------------------------------------------------------------------------------------------------
(d) Authorized Defense-Wide Construction and Land Acquisition
Projects.--Using amounts appropriated by title X of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat.
191), the Secretary of Defense may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Defense-wide: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Camp Pendleton................................... $563,100,000
Florida..................................... Naval Airt Station Jacksonville.................. $27,210,000
Texas....................................... Fort Hood........................................ $621,000,000
Various..................................... Various Locations................................ $118,690,000
----------------------------------------------------------------------------------------------------------------
(e) Authorized Army National Guard and Reserve Projects.--
(1) Authorized construction and land acquisition
projects.--Using amounts appropriated by title X of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5; 123 Stat. 191), the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army National Guard and Army Reserve locations, and in the
amounts, set forth in the following table:
Army National Guard and Reserve: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Mather Air Field................................. $1,500,000
Nevada...................................... Hawthorne Army Depot............................. $950,000
North Carolina.............................. Raleigh.......................................... $39,500,000
Nebraska.................................... Camp Ashland..................................... $2,900,000
New York.................................... Brooklyn (Fort Hamilton)......................... $1,500,000
Oregon...................................... Camp Withycombe.................................. $1,300,000
West Virginia............................... Gassaway......................................... $3,300,000
----------------------------------------------------------------------------------------------------------------
(2) Authorized family housing.--Using amounts appropriated
by title X of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5; 123 Stat. 191), the Secretary of the
Army may construct or acquire family housing units (including
land acquisition and supporting facilities) at the Army
National Guard and Army Reserve locations, in the number of
units, and in the amounts, set forth in the following table:
Army National Guard and Reserve: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
California............................. Fort Hunter-Liggett........ 5......................... $2,370,000
Sierra Army Depot.......... 1......................... $707,000
Illinois............................... Rock Island................ 2......................... $930,000
Oklahoma............................... McAlester Army Depot....... 6......................... $2,200,000
Pennsylvania........................... Letterkenny Army Depot..... 3......................... $1,050,000
Tobyhanna.................. 2......................... $1,000,000
Utah................................... Dugway Proving Grounds..... 20........................ $10,000,000
Virginia............................... Radford Army Ammunition 4......................... $1,300,000
Plant.
Wisconsin.............................. Fort McCoy................. 23........................ $14,000,000
----------------------------------------------------------------------------------------------------------------
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2811. EXTENSION OF AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CONSTRUCTION PROJECTS INSIDE THE UNITED STATES
CENTRAL COMMAND AND UNITED STATES AFRICA COMMAND AREAS OF
RESPONSIBILITY.
Section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as
amended by section 2810 of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2128), section 2809 of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508),
section 2802 of the Military Construction Authorization Act for Fiscal
Year 2007 (division B of Public Law 109-364; 120 Stat. 2466), section
2801 of the Military Construction Authorization Act for Fiscal Year
2008 (division B of Public Law 110-181; 122 Stat. 538), and section
2806 of the Military Construction Authorization Act for Fiscal Year
2009 (division B of Public Law 110-417; 122 Stat. 4724) is further
amended--
(1) in subsection (a), by striking ``2009'' and inserting
``2010''; and
(2) in subsection (c)(2), by inserting ``or fiscal year
2010'' after ``fiscal year 2009''.
SEC. 2812. MODIFICATION OF AUTHORITY FOR SCOPE OF WORK VARIATIONS.
Section 2853 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``Except as provided in subsection
(c)'' and inserting ``(1) Except as provided in
subsection (c)'';
(B) by striking ``may be reduced by not more than
25 percent from the amount approved for that project,
construction, improvement, or acquisition by
Congress.'' and inserting ``may be reduced by not more
than 25 percent from the amount specified for that
project, construction, improvement, or acquisition in
the justification data provided to Congress as part of
the request for authorization of the project,
construction, improvement, or acquisition.''; and
(C) by adding at the end the following new
paragraph:
``(2) The scope of work for a military construction project or for
the construction, improvement, and acquisition of a military family
housing project may not be increased above the amount specified for
that project, construction, improvement, or acquisition in the
justification data provided to Congress as part of the request for
authorization of the project, construction, improvement, or
acquisition.''; and
(2) in subsection (c), by striking ``limitation on scope
reduction in subsection (b)'' and inserting ``limitation on
scope reduction in subsection (b)(1)''.
SEC. 2813. MODIFICATION OF CONVEYANCE AUTHORITY AT MILITARY
INSTALLATIONS.
(a) Limited Purposes for Which Real Property May Be Conveyed.--
Section 2869 of title 10, United States Code, is amended--
(1) in the section heading, by striking ``to support
military construction or limit encroachment'' and inserting
``to limit encroachment'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``agrees, in exchange for
the real property--'' and all that follows
through ``to carry out a military construction
project or land acquisition'' and inserting
``agrees, in exchange for the real property, to
carry out a land acquisition'';
(ii) by striking ``; or'' and inserting a
period; and
(iii) by striking subparagraph (B); and
(B) by striking paragraph (3);
(3) in subsection (b), by striking ``fair market value of
the military construction, military family housing, or military
unaccompanied housing'' both places it appears and inserting
``fair market value of the land'';
(4) by amending subsection (c) to read as follows:
``(c) Limitation on Use of Conveyance Authority at Installations
Closed Under Base Closure Laws.--The authority under subsection
(a)(2)(A) to convey property located on a military installation may
only be used to the extent the conveyance is consistent with an
approved redevelopment plan for such installation.''; and
(5) in subsection (d)(2)(A), by striking ``military
construction project, land acquisition, military family
housing, or military unaccompanied housing'' both places it
appears and inserting ``land acquisition''.
(b) Requirement to Deposit Funds in Foreign Currency Fluctuations,
Construction, Defense Account.--Subsection (e) of such section is
amended by striking ``(1) Except as provided in paragraph (2), the
Secretary concerned may deposit funds'' and all that follows through
``funds deposited under paragraph (2) shall be available'' in paragraph
(3) and inserting ``The Secretary concerned shall deposit funds
received under subsection (b) in the appropriation `Foreign Currency
Fluctuations, Construction, Defense'. The funds deposited shall be
available''.
(c) Elimination of Annual Report Requirement; Sunset.--Subsection
(f) of such section is amended to read as follows:
``(f) Sunset.--The authority to enter into an agreement under this
section shall expire on September 30, 2013.''.
(d) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 169 of such title is
amended to read as follows:
``2869. Conveyance of property at military installations to limit
encroachment.''.
SEC. 2814. TWO-YEAR EXTENSION OF AUTHORITY FOR PILOT PROJECTS FOR
ACQUISITION OR CONSTRUCTION OF MILITARY UNACCOMPANIED
HOUSING.
Section 2881a of title 10, United States Code, is amended by
striking ``2009'' and inserting ``2011''.
Subtitle B--Energy Security
SEC. 2821. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TOWARD INSTALLATION
OF SOLAR PANELS AND OTHER RENEWABLE ENERGY PROJECTS ON
MILITARY INSTALLATIONS.
(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 that describes and assesses
current Department of Defense efforts toward the installation of solar
panels and other renewable energy projects on military installations
and facilities.
(b) Elements.--The report required by subsection (a) shall set
forth the following:
(1) A description and assessment of the status of current
Department efforts toward the installation of solar panels and
other renewable energy projects on military installations and
facilities.
(2) A description of any legislative, administrative, or
other impediments to such efforts.
(3) Such recommendations for legislative or administrative
action as the Secretary considers appropriate for purposes of--
(A) furthering such efforts; and
(B) achieving the renewable energy goals of the
Department by 2025.
(4) Such other matters as the Secretary considers
appropriate.
Subtitle C--Land Conveyances
SEC. 2831. 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 a parcel of real property, including any improvements thereon,
consisting of approximately 2.4 acres at Naval Air Station, Oceana,
Virginia, for the purpose of permitting the City to expand services to
support the Marine Animal Care Center.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall provide compensation to the Secretary of
the Navy in an amount equal to the fair market value of the real
property conveyed under such subsection, as determined by appraisals
acceptable to the Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this section
shall be determined by surveys satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyance under this section, including survey costs
related to the conveyance. If amounts are collected from the
City in advance of the Secretary incurring the actual costs,
and the amount collected exceeds the costs actually incurred by
the Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under this section shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2832. RELEASE OF REVERSIONARY INTEREST.
The United States releases to the State of Arkansas the
reversionary interest described in sections 2 and 3 of the Act entitled
``An Act authorizing the transfer of part of Camp Joseph T. Robinson to
the State of Arkansas'', approved June 30, 1950 (64 Stat. 311, chapter
429), in and to the surface estate of the land constituting Camp Joseph
T. Robinson, Arkansas, which is comprised of 40.515 acres of land to be
acquired by the United States of America and 40.513 acres to be
acquired by the City of North Little Rock, Arkansas, and lies in
sections 6, 8, and 9 of township 2 North, Range 12 West, Pulaski
County, Arkansas.
SEC. 2833. LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA.
(a) Change in Recipient Under Existing Authority.--
(1) In general.--Section 2863(a) of the Military
Construction Act for Fiscal Year 1998 (division B of Public Law
105-85; 111 Stat. 2010), as amended by section 2865(a) of the
Military Construction Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398; 114 Stat. 1654A-435), is further
amended by striking ``West River Foundation for Economic and
Community Development, Sturgis, South Dakota (in this section
referred to as the `Foundation')'' and inserting ``South Dakota
Ellsworth Development Authority, Pierre, South Dakota (in this
section referred to as the `Authority')''.
(2) Technical and conforming amendments.--Section 2863 of
the Military Construction Act for Fiscal Year 1998 (division B
of Public Law 105-85; 111 Stat. 2010), as amended by section
2865(b) of the Military Construction Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-
435), is further amended--
(A) by striking ``Foundation'' each place it
appears in subsections (c) and (e) and inserting
``Authority'';
(B) in subsection (b)(1)--
(i) in subparagraph (B), by striking
``137.56 acres'' and inserting ``120.70
acres''; and
(ii) by striking subparagraphs (C), (D),
and (E).
(b) New Conveyance Authority.--
(1) Conveyance authorized.--The Secretary of the Air Force
may convey, without consideration, to the South Dakota
Ellsworth Development Authority, Pierre, South Dakota (in this
subsection referred to as the ``Authority''), all right, title,
and interest of the United States in and to the parcels of real
property located at Ellsworth Air Force Base, South Dakota,
referred to in paragraph (2).
(2) Covered property.--The real property referred to in
paragraph (1) is the following:
(A) A parcel of real property, together with any
improvements thereon, consisting of approximately 2.37
acres and comprising the 11000 West Communications
Annex.
(B) A parcel of real property, together with any
improvements thereon, consisting of approximately 6.643
acres and comprising the South Nike Education Annex.
(3) Condition.--As a condition of the conveyance under this
subsection, the Authority, and any person or entity to which
the Authority transfers the property, shall comply in the use
of the property with the applicable provisions of the Ellsworth
Air Force Base Air Installation Compatible Use Zone Study.
(4) Reversionary interest.--If the Secretary determines at
any time that the real property conveyed under paragraph (1) is
not being used in compliance with the applicable provisions of
the Ellsworth Air Force Base Air Installation Compatible Use
Zone Study, all right, title, and interest in and to such real
property, including any improvements and appurtenant easements
thereto, shall, at the option of the Secretary, revert to and
become the property of the United States, and the United States
shall have the right of immediate entry onto such real
property. A determination by the Secretary under this paragraph
shall be made on the record after an opportunity for a hearing.
(5) Description of property.--The exact acreage and legal
description of the real property to be conveyed under this
subsection shall be determined by a survey satisfactory to the
Secretary.
(6) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under this subsection as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2834. LAND CONVEYANCE, F.E. WARREN AIR FORCE BASE, CHEYENNE,
WYOMING.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to the County of Laramie, Wyoming (in this section referred to
as the ``County'') all right, title, and interest of the United States
in and to a parcel of real property, including any improvements thereon
and appurtenant easements thereto, consisting of approximately 73 acres
along the southeastern boundary of F.E. Warren Air Force Base,
Cheyenne, Wyoming, for the purpose of removing the property from the
boundaries of the installation and permitting the County to preserve
the entire property for healthcare facilities.
(b) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a), the County shall provide the United States
consideration, whether by cash payment, in-kind consideration
as described under paragraph (2), or a combination thereof, in
an amount that is not less than the fair market value of the
conveyed real property, as determined by the Secretary.
(2) In-kind consideration.--In-kind consideration provided
by the County under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facilities or infrastructure
relating to the security of F.E. Warren Air Force Base, that
the Secretary considers acceptable.
(3) Relation to other laws.--Sections 2662 and 2802 of
title 10, United States Code, shall not apply to any new
facilities or infrastructure received by the United States as
in-kind consideration under paragraph (2).
(4) Notice to congress.--The Secretary shall provide
written notification to the congressional defense committees of
the types and value of consideration provided the United States
under paragraph (1).
(5) Treatment of cash consideration received.--Any cash
payment received by the United States under paragraph (1) shall
be deposited in the special account in the Treasury established
under subsection (b) of section 572 of title 40, United States
Code, and shall be available in accordance with paragraph
(5)(B)(ii) of such subsection.
(c) Reversionary Interest.--
(1) In general.--If the Secretary determines at any time
that the County is not using the property conveyed under
subsection (a) in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in
and to the property, including any improvements thereon, shall
revert, at the option of the Secretary, to the United States,
and the United States shall have the right of immediate entry
onto the property. Any determination of the Secretary under
this subsection shall be made on the record after an
opportunity for a hearing.
(2) Release of reversionary interest.--The Secretary shall
release, without consideration, the reversionary interest
retained by the United States under paragraph (1) if--
(A) F.E. Warren Air Force Base, Cheyenne Wyoming,
is no longer being used for Department of Defense
activities; or
(B) the Secretary determines that the reversionary
interest is otherwise unnecessary to protect the
interests of the United States.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a) and implement the
receipt of in-kind consideration under paragraph (b), including
survey costs, appraisal costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance and receipt of in-kind consideration. If amounts are
received from the County in advance of the Secretary incurring
the actual costs, and the amount received exceeds the costs
actually incurred by the Secretary under this section, the
Secretary shall refund the excess amount to the County.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance and implementing
the receipt of in-kind consideration. Amounts so credited shall
be merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(e) Description of Real Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2835. LAND CONVEYANCE, LACKLAND AIR FORCE BASE, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to an eligible entity, all right, title, and interest of the
United States to not more than 250 acres of real property and
associated easements and improvements on Lackland Air Force Base,
Texas, in exchange for real property adjacent to or near the
installation for the purpose of relocating and consolidating Air Force
tenants located on the former Kelly Air Force Base, Texas, onto the
main portion of Lackland Air Force Base.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the eligible entity accept the
real property in its condition at the time of the conveyance, commonly
known as conveyance ``as is'' and not subject to the requirements for
covenants in deed under section 120(h)(3) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)(3)).
(c) Eligible Entities.--A conveyance under this section may be made
to the City of San Antonio, Texas, or an organization or agency
chartered or sponsored by the local or State government.
(d) Consideration.--As consideration for the conveyance under
subsection (a), the eligible entity shall provide the Air Force with
real property or real property improvements, or a combination of both,
of equal value, as determined by the Secretary. If the fair market
value of the real property or real property improvements, or
combination thereof, is less than the fair market value of the real
property to be conveyed by the Air Force, the eligible entity shall
provide cash payment to the Air Force, or provide Lackland Air Force
Base with in-kind consideration of an amount equal to the difference in
the fair market values. Any cash payment received by the Air Force for
the conveyance authorized by subsection (a) shall be deposited in the
special account described in section 2667(e) of title 10, United States
Code, and shall be available to the Secretary for the same uses and
subject to the same limitations as provided in that section.
(e) Payment of Costs of Conveyance.--
(1) In general.--The Secretary may require the eligible
entity to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyances under this section, including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyances. If amounts are
collected from the eligible entity in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the
eligible entity.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyances. Amounts so credited
shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(f) 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.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2836. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Chilkoot Indian Association (in this section referred to as the
``Association'') all right, title, and interest of the United States in
and to a parcel of real property, including improvements thereon,
consisting of approximately 201 acres located at the former Haines Fuel
Terminal (also known as the Haines Tank Farm) in Haines, Alaska, for
the purpose of permitting the Association to develop a Deep Sea Port
and for other industrial and commercial development purposes. To the
extent practicable, the Secretary is encouraged to complete the
conveyance by September 30, 2013, but not prior to the date of
completion of all obligations referenced in subsection (e).
(b) Consideration.--As consideration for the conveyance under
subsection (a), the Association shall pay to the Secretary an amount
equal to the fair market value of the property, as determined by the
Secretary. The determination of the Secretary shall be final.
(c) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance, all right, title, and
interest in and to such real property, including any improvements and
appurtenant easements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and the United
States shall have the right of immediate entry onto such real property.
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.--The Haines Tank Farm is currently under a
remedial investigation (RI) for petroleum, oil and lubricants
contamination. Nothing in this section shall be construed to affect or
limit the application of, or any obligation to comply with, any
environmental law, including the National Environmental Policy Act (42
U.S.C. 4321 et seq.), the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f) Description of Property.--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. 2837. LAND CONVEYANCES OF CERTAIN PARCELS IN THE CAMP CATLIN AND
OHANA NUI AREAS, PEARL HARBOR, HAWAII.
(a) Conveyances Authorized.--The Secretary of the Navy (``the
Secretary'') may convey to any person or entity leasing or licensing
real property located at Camp Catlin and Ohana Nui areas, Hawaii, as of
the date of the enactment of this Act (``the lessee'') all right,
title, and interest of the United States in and to the portion of such
property that is respectively leased or licensed by such person or
entity for the purpose of continuing the same functions as are being
conducted on the property as of the date of the enactment of this Act.
(b) Consideration.--As consideration for a conveyance under
subsection (a), the lessee shall provide the United States, whether by
cash payment, in-kind consideration, or a combination thereof, an
amount that is not less than the fair market of the conveyed property,
as determined pursuant to an appraisal acceptable to the Secretary.
(c) Exercise of Right To Purchase Property.--
(1) Acceptance of offer.--For a period of 180 days
beginning on the date the Secretary makes a written offer to
convey the property or any portion thereof under subsection
(a), the lessee shall have the exclusive right to accept such
offer by providing written notice of acceptance to the
Secretary within the specified 180-day time period. If the
Secretary's offer is not so accepted within the 180-day period,
the offer shall expire.
(2) Conveyance deadline.--If a lessee accepts the offer to
convey the property or a portion thereof in accordance with
paragraph (1), the conveyance shall take place not later than 2
years after the date of the lessee's written acceptance,
provided that the conveyance date may be extended for a
reasonable period of time by mutual agreement of the parties,
evidenced by a written instrument executed by the parties prior
to the end of the 2-year period. If the lessee's lease or
license term expires before the conveyance is completed, the
Secretary may extend the lease or license term up to the date
of conveyance, provided that the lessee shall be required to
pay for such extended term at the rate in effect at the time it
was declared excess property.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
lessee to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out a conveyance under subsection (a), including survey
costs, related to the conveyance. If amounts are collected from
the lessee in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the lessee.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out a conveyance under subsection (a) shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(e) Description of Property.--The exact acreage and legal
description of any real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(f) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
Subtitle D--Other Matters
SEC. 2841. 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 Congress a
report describing the progress made in expanding the First Sergeants
Barracks Initiative to all Army installations, including whether the
Secretary anticipates meeting the deadline imposed by subsection (a).
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
AUTHORIZATIONS
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (b)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects to construct or renovate warrior transition unit
facilities at the installations or locations outside the United States
set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Various...................... Various locations........ $854,600,000
------------------------------------------------------------------------
(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), $854,600,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $75,884,000.
(c) Report Required Before Commencing Certain Projects.--Funds may
not be obligated for the projects authorized by this section until 14
days after the date on which the Secretary of Defense submits to the
congressional defense committees a report containing a detailed
justification for the projects.
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 to construct or renovate warrior
transition unit facilities at the installations or locations outside
the United States set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Various........................................ Various locations............................ $439,500,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--Subject to section 2825 of
title 10, United States Code, 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.
(c) Report Required Before Commencing Certain Projects.--Funds may
not be obligated for the projects authorized by this section until 14
days after the date on which the Secretary of Defense submits to the
congressional defense committees a report containing a detailed
justification for the projects.
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.
(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
$10,051,215,000, to be allocated as follows:
(1) For weapons activities, $6,490,619,000.
(2) For defense nuclear nonproliferation activities,
including $705,900,000 for fissile materials disposition,
$2,136,709,000.
(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 Facility Risk Reduction
(NFRR), Y-12 National Security Complex, Oak Ridge,
Tennessee, $12,500,000.
(2) For defense nuclear security, the following new plant
project:
Project 10-D-701, Security Improvement Project
(SIP), Y-12 National Security Complex, Oak Ridge,
Tennessee, $49,000,000.
(3) For naval reactors, the following new plant projects:
Project 10-D-904, Naval Reactors Facility (NRF)
infrastructure upgrades, Naval Reactors Facility, Idaho
Falls, Idaho, $700,000.
Project 10-D-903, Security upgrades, Knolls Atomic
Power Laboratory, Knolls Site and Kesselring Site,
Schenectady, New York, $1,500,000.
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 $5,395,831,000.
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
$852,468,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2010 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$98,400,000.
SEC. 3105. FUNDING TABLE.
The amounts authorized to be appropriated by sections 3101, 3102,
3103, and 3104 shall be available, in accordance with the requirements
of section 4001, for projects, programs, and activities, and in the
amounts, specified in the funding table in section 4501.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM.
Section 4204 of the Atomic Energy Defense Act (50 U.S.C. 2524) is
amended to read as follows:
``SEC. 4204. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM.
``(a) Program Required.--The Secretary of Energy shall, in
consultation with the Secretary of Defense, carry out a program to
provide for the extension of the effective life of the weapons in the
nuclear weapons stockpile without nuclear weapons testing.
``(b) Administrative Responsibility for Program.--
``(1) In general.--The program under subsection (a) shall
be carried out through the National Nuclear Security
Administration.
``(2) Inclusion of program funds in 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 under subsection (a) shall be clearly identified in
the budget justification materials submitted to Congress in
support of that budget.
``(c) Program Plan.--As part of the program under subsection (a),
the Secretary of Energy shall develop a long-term plan to extend the
effective life of the weapons in the nuclear weapons stockpile without
nuclear weapons testing. The plan shall include the following:
``(1) Mechanisms to provide for the manufacture,
maintenance, and modernization of each weapon design in the
nuclear stockpile, as needed.
``(2) Mechanisms to expedite the collection of information
necessary for carrying out the program, including information
relating to the aging of materials and components, new
manufacturing techniques, and the replacement or substitution
of materials.
``(3) Mechanisms to ensure the appropriate assignment of
roles and missions for each nuclear weapons laboratory and
production plant of the Department of Energy, including
mechanisms for allocation of workload, mechanisms to ensure the
carrying out of appropriate modernization activities, and
mechanisms to ensure the retention of skilled personnel.
``(4) Mechanisms to ensure that each national laboratory of
the National Nuclear Security Administration has full and
complete access to all weapons data to enable a rigorous peer
review process to support the annual assessment of the
condition of the nuclear weapons stockpile required under
section 4205.
``(5) Mechanisms for allocating funds for activities under
the program, including allocations of funds by weapon type and
facility.
``(6) An identification of the funds needed, in the current
fiscal year and in each of the next 5 fiscal years, to carry
out the program.
``(d) Annual Updates.--The Secretary of Energy shall update the
plan required under subsection (c) annually and shall submit the
updated plan to Congress as part of the plan for maintaining the
nuclear weapons stockpile submitted to Congress under section 4203(c).
``(e) Sense of Congress on Funding of Program.--It is the sense of
Congress that the President should include in each budget for a fiscal
year submitted to Congress under section 1105 of title 31, United
States Code, sufficient funds to carry out in that fiscal year the
activities under the program under subsection (a) that are specified in
the most current version of the plan required under subsection (c).''.
SEC. 3112. ELIMINATION OF NUCLEAR WEAPONS LIFE EXTENSION PROGRAM FROM
EXCEPTION TO REQUIREMENT TO REQUEST FUNDS IN BUDGET OF
THE PRESIDENT.
Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529) is
amended--
(1) in subsection (c), by striking ``necessary--'' and all
that follows through the period and inserting ``necessary to
address proliferation concerns.''; and
(2) in subsection (d)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
SEC. 3113. REPEAL OF RELIABLE REPLACEMENT WARHEAD PROGRAM.
(a) In General.--Section 4204A of the Atomic Energy Defense Act (50
U.S.C. 2524a) is repealed.
(b) Conforming Amendment.--The table of contents for that Act is
amended by striking the item relating to section 4204A.
SEC. 3114. AUTHORIZATION OF USE OF INTERNATIONAL NUCLEAR MATERIALS
PROTECTION AND COOPERATION PROGRAM FUNDS FOR BILATERAL
AND MULTILATERAL NONPROLIFERATION AND DISARMAMENT
ACTIVITIES.
(a) In General.--Notwithstanding any other provision of law and
subject to subsection (b), the Secretary of Energy may obligate or
expend not more than 10 percent of the funds authorized to be
appropriated or otherwise made available for the International Nuclear
Materials Protection and Cooperation program in a fiscal year to
provide assistance for or to otherwise carry out bilateral or
multilateral activities relating to nonproliferation or disarmament.
(b) Notification of Congressional Defense Committees.--The
Secretary may obligate or expend funds pursuant to subsection (a) if,
not less than 15 days before obligating or expending such funds--
(1) the Secretary notifies the congressional defense
committees of the intent of the Secretary to obligate or expend
such funds; and
(2) the President certifies to the congressional defense
committees that obligating or expending such funds is necessary
to support the national security objectives of the United
States.
SEC. 3115. REPEAL OF PROHIBITION ON FUNDING ACTIVITIES ASSOCIATED WITH
INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.
(a) In General.--Section 4301 of the Atomic Energy Defense Act (50
U.S.C. 2561) is repealed.
(b) Clerical Amendment.--The table of contents for that Act is
amended by striking the item relating to section 4301.
SEC. 3116. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR PLANT
PROJECTS.
Section 4701(3) of the Atomic Energy Defense Act (50 U.S.C.
2741(3)) is amended by striking ``$5,000,000'' and inserting
``$7,000,000''.
SEC. 3117. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``September 30, 2009'' and inserting
``September 30, 2011''.
SEC. 3118. REPEAL OF SUNSET DATE FOR CONSOLIDATION OF
COUNTERINTELLIGENCE PROGRAMS OF DEPARTMENT OF ENERGY AND
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Section 3117 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2507; 42 U.S.C.
7144b note) is amended by amending subsection (a) to read as follows:
``(a) Transfer of Functions.--The functions, personnel, funds,
assets, and other resources of the Office of Defense Nuclear
Counterintelligence of the National Nuclear Security Administration are
transferred to the Secretary of Energy, to be administered (except to
any extent otherwise directed by the Secretary) by the Director of the
Office of Counterintelligence of the Department of Energy.''.
Subtitle C--Other Matters
SEC. 3131. TEN-YEAR PLAN FOR UTILIZATION AND FUNDING OF CERTAIN
DEPARTMENT OF ENERGY FACILITIES.
(a) In General.--The Administrator for Nuclear Security and the
Under Secretary for Science of the Department of Energy shall jointly
develop a plan to use and fund, over a ten-year period, the following
facilities of the Department of Energy:
(1) The National Ignition Facility at the Lawrence
Livermore National Laboratory, California.
(2) The Los Alamos Neutron Science Center at the Los Alamos
National Laboratory, New Mexico.
(3) The ``Z'' Machine at the Sandia National Laboratories,
New Mexico.
(4) The Microsystems and Engineering Sciences Application
(MESA) Facility at the Sandia National Laboratories, New
Mexico.
(b) Submittal of Plan.--Not later than 45 days after the date of
the enactment of this Act, the Administrator for Nuclear Security and
the Under Secretary for Science of the Department of Energy shall
submit to the congressional defense committees the plan required by
subsection (a).
(c) Requirement to Specify Source of Facility Funding in Budget
Requests.--In any budget request for the Department of Energy for a
fiscal year that is submitted to Congress after the date of the
enactment of this Act, the Secretary of Energy shall identify for that
fiscal year the portion of the funding for each facility specified in
subsection (a) that is to be provided by the National Nuclear Security
Administration and by the Office of Science of the Department of
Energy.
SEC. 3132. REVIEW OF MANAGEMENT AND OPERATION OF CERTAIN NATIONAL
LABORATORIES.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Energy shall, in consultation
with the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives, appoint an independent
panel of experts to conduct a review of the management and operation of
the following:
(1) The Lawrence Livermore National Laboratory, California.
(2) The Los Alamos National Laboratory, New Mexico.
(3) The Sandia National Laboratories, New Mexico.
(b) Administrative Provisions.--
(1) Appointment of chairperson.--The Secretary of Energy
shall appoint a chairperson of the panel from among the members
of the panel.
(2) Designation of agency staff to panel.--The Secretary of
Energy, the Secretary of Defense, and the Director of National
Intelligence shall each designate one or more employees of the
Department of Energy, the Department of Defense, and the
intelligence community, respectively, to serve as liaisons
between the panel and the Department of Energy, the Department
of Defense, or the intelligence community, as the case may be.
(3) Agency cooperation.--The Secretary of Energy shall, in
consultation with the Secretary of Defense and the Director of
National Intelligence, ensure that the panel receives full and
timely cooperation from the Department of Energy, the
Department of Defense, and the Director of National
Intelligence in conducting the review required under subsection
(a).
(4) Support from federally funded research and development
center.--The Secretary of Energy may use a federally funded
research and development center not associated with the
Department of Energy to provide support to the panel.
(c) Elements.--The review required under subsection (a) shall
include, with respect to each laboratory specified in such subsection,
an evaluation of the following:
(1) The quality of the scientific research being conducted
at the laboratory, including research with respect to weapons
science, nonproliferation, energy, and basic science.
(2) The quality of the engineering being conducted at the
laboratory.
(3) The general operations of the laboratory, including the
management of facilities and procedures with respect to safety,
security, environmental management and compliance, and human
capital.
(4) The financial operations of the laboratory, including
contract administration, accounting controls, and management of
property and equipment.
(5) The management of work conducted by the laboratory for
entities other than the Department of Energy, including
academic institutions and other Federal agencies, and
interactions between the laboratory and such entities.
(6) The adequacy and effectiveness of the form and scope of
current management contracts in implementing the mission of the
laboratory.
(7) The effectiveness of the management and oversight of
the laboratory by the Department of Energy.
(d) Report of Panel.--The panel shall submit to the Secretary of
Energy a report containing the results of the review and any
recommendations of the panel resulting from the review.
(e) Transmittal to Congress.--Not later than January 1, 2011, the
Secretary of Energy shall transmit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives the report of the panel submitted under subsection (d)
and any comments or recommendations of the Secretary with respect to
that report.
SEC. 3133. INCLUSION IN 2010 STOCKPILE STEWARDSHIP PLAN OF CERTAIN
INFORMATION RELATING TO STOCKPILE STEWARDSHIP CRITERIA.
(a) In General.--The Secretary of Energy shall include in the 2010
stockpile stewardship plan the elements specified in subsection (b).
(b) Elements.--The elements specified in this subsection are the
following:
(1) An update of any information or criteria included in
the report on stockpile stewardship criteria submitted under
subsection (c) of section 4202 of the Atomic Energy Defense Act
(50 U.S.C. 2522).
(2) A description of any additional information identified
under paragraph (1) of such subsection (c) or criteria
established under subsection (a) of such section 4202 during
the period beginning on the date of the submittal of the report
under section 3133 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1751; 50
U.S.C. 2523 note) and ending on the date of the submittal of
the 2010 stockpile stewardship plan.
(3) For each science-based tool developed or modified by
the Department of Energy during the period described in
paragraph (2) to collect information needed to determine that
the nuclear weapons stockpile is safe, secure, and reliable--
(A) a description of the relationship of the
science-based tool to the collection of such
information; and
(B) a description of criteria for assessing the
effectiveness of the science-based tool in collecting
such information.
(c) 2010 Stockpile Stewardship Plan Defined.--In this section, the
term ``2010 stockpile stewardship plan'' means the updated version of
the plan for maintaining the nuclear weapons stockpile developed under
section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) and
required to be submitted to Congress on May 1, 2010, by subsection (c)
of such section.
SEC. 3134. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF PROJECTS
CARRIED OUT BY THE OFFICE OF ENVIRONMENTAL MANAGEMENT OF
THE DEPARTMENT OF ENERGY PURSUANT TO THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009.
(a) In General.--The Comptroller General of the United States shall
conduct a series of three reviews, as described in subsections (b),
(c), and (d), of projects carried out by the Office of Environmental
Management of the Department of Energy (in this section referred to as
the ``Office'') using American Recovery and Reinvestment Act funds.
(b) Phase One Review.--
(1) In general.--Beginning on the date of the enactment of
this Act, the Comptroller General shall conduct a review of the
following:
(A) The criteria used by the Office to select
projects to be carried out using American Recovery and
Reinvestment Act funds.
(B) The extent to which lessons learned during
previous accelerations of defense environmental cleanup
efforts were used in the development of such criteria.
(C) The process used by the Office to estimate
costs and develop schedules for such projects.
(D) The process used by the Office for the
independent validation of the scope, cost, and schedule
for such projects.
(E) The criteria and methodology used by the Office
to measure the contribution of each such project toward
reducing the overall costs, and meeting the goals, of
defense environmental cleanup.
(2) Report.--Not later than 30 days after the date of the
enactment of this Act, the Comptroller General shall submit to
the congressional defense committees a report containing the
results of the review conducted under paragraph (1).
(c) Phase Two Review.--
(1) In general.--The Comptroller General shall conduct a
review, during the period described in paragraph (2), of the
following:
(A) The implementation of each project carried out
using American Recovery and Reinvestment Act funds.
(B) The extent to which each such project is
meeting the cost and scheduling goals of the project.
(C) The number of jobs created or maintained
through such projects.
(D) The adequacy of contract oversight for such
projects.
(E) Any technical problems or other problems in
connection with such projects that are identified by
the Comptroller General in the course of the review.
(F) Any management and implementation issues or
actions, or other systemic issues, identified by the
Comptroller General in the course of the review that
either hinder or assist the effective management of
defense environmental cleanup efforts.
(2) Period described.--The period described in this
paragraph is the period--
(A) beginning on the date on which the Comptroller
General submits the report required under subsection
(b)(2); and
(B) ending on the later of--
(i) the date on which all projects carried
out using American Recovery and Reinvestment
Act funds have been completed; or
(ii) the date on which all American
Recovery and Reinvestment Act funds have been
obligated or expended or are no longer
available to be obligated or expended.
(3) Reports.--The Comptroller General shall submit to the
congressional defense committees a report on the status of the
review conducted under paragraph (1) not later than 30 days
after submitting the report required under subsection (b)(2)
and every 120 days thereafter until the end of the period
described in paragraph (2).
(d) Phase Three Review.--
(1) In general.--Beginning on the date on which the
Comptroller General submits the last report required under
subsection (c)(3), the Comptroller General shall conduct a
review of the following:
(A) The implementation of all projects carried out
using American Recovery and Reinvestment Act funds,
including the number of such projects that were
completed, that were not completed, that were completed
on budget, that exceeded the budget for such project,
that were completed on schedule, and that exceeded the
scheduling goals for such project.
(B) The impact on employment as a result of the
completion of such projects.
(C) Any lessons learned as a result of accelerating
such projects.
(D) The extent to which the achievement of the
overall goals of defense environmental cleanup were
accelerated, and the overall costs of defense
environmental cleanup were reduced, as a result of such
projects.
(E) Any other issues the Comptroller General
considers appropriate with respect to such projects.
(2) Report.--Not later than 90 days after submitting the
last report required under subsection (c)(3), the Comptroller
General shall submit to the congressional defense committees a
report containing the results of the review conducted under
paragraph (1).
(e) American Recovery and Reinvestment Act Funds Defined.--In this
section, the term ``American Recovery and Reinvestment Act funds''
means funds made available for the Office of Environmental Management
under the heading ``Defense Environmental Cleanup'' under the heading
``ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES'' under the heading
``DEPARTMENT OF ENERGY'' under title IV of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat.
140).
SEC. 3135. IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR CERTAIN
DEPARTMENT OF ENERGY PENSION OBLIGATIONS.
The Secretary of Energy shall include in the budget justification
materials submitted to Congress in support of the Department of Energy
budget for a fiscal year (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code) specific
identification, as a budgetary line item, of the amounts required to
meet the pension obligations of the Department of Energy for contractor
employees at each facility of the Department of Energy operated using
amounts authorized to be appropriated for the Department of Energy.
SEC. 3136. EXPANSION OF AUTHORITY OF OMBUDSMAN OF ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
(a) In General.--Section 3686 of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is
amended--
(1) in subsection (c), by inserting ``and subtitle B''
after ``this subtitle'' each place it appears;
(2) in subsection (d), by inserting ``and subtitle B''
after ``this subtitle'';
(3) in subsection (e), by inserting ``and subtitle B''
after ``this subtitle'' each place it appears;
(4) by redesignating subsection (g) as subsection (h); and
(5) by inserting after subsection (f) the following new
subsection:
``(g) National Institute for Occupational Safety and Health
Ombudsman.--In carrying out the duties of the Ombudsman under this
section, the Ombudsman shall work with the individual employed by the
National Institute for Occupational Safety and Health to serve as an
ombudsman to individuals making claims under subtitle B.''.
(b) Construction.--Except as specifically provided in subsection
(g) of section 3686 of the Energy Employees Occupational Illness
Compensation Program Act of 2000, as amended by subsection (a) of this
section, nothing in the amendments made by such subsection (a) shall be
construed to alter or affect the duties and functions of the individual
employed by the National Institute for Occupational Safety and Health
to serve as an ombudsman to individuals making claims under subtitle B
of the Energy Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7384l et seq.).
SEC. 3137. COMPTROLLER GENERAL STUDY OF STOCKPILE STEWARDSHIP PROGRAM.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the stockpile stewardship program established under
section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) to
determine if the program was functioning, as of December 2008, as
envisioned when the program was established.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An assessment of whether the capabilities determined to
be necessary to maintain the nuclear weapons stockpile without
nuclear testing have been implemented and the extent to which
such capabilities are functioning.
(2) A review and description of the agreements governing
use, management, and support of the capabilities developed for
the stockpile stewardship program and an assessment of
enforcement of, and compliance with, those agreements.
(3) An assessment of plans for surveillance and testing of
nuclear weapons in the stockpile and the extent of the
compliance with such plans.
(4) An assessment of--
(A) the condition of the infrastructure at the
plants and laboratories of the nuclear weapons complex;
(B) the value of nuclear weapons facilities built
after 1992;
(C) any plans that are in place to maintain,
improve, or replace such infrastructure;
(D) whether there is a validated requirement for
all planned infrastructure replacement projects; and
(E) the projected costs for each such project and
the timeline for completion of each such project.
(5) An assessment of the efforts to ensure and maintain the
intellectual and technical capability of the nuclear weapons
complex to support the nuclear weapons stockpile.
(6) Recommendations for the stockpile stewardship program
going forward.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report containing the results of the
study required by subsection (a).
SEC. 3138. SENSE OF THE SENATE ON PRODUCTION OF MOLYBDENUM-99.
(a) Findings.--The Senate makes the following findings:
(1) There are fewer than five reactors around the world
currently capable of producing molybdenum-99 (Mo-99) and there
are no such reactors in the United States that can provide a
reliable supply of Mo-99 to meet medical needs.
(2) Since November 2007, there have been major disruptions
in the global availability of Mo-99, including at facilities in
Canada and the Netherlands, which have led to shortages of Mo-
99-based medical products in the United States and around the
world.
(3) Ensuring a reliable supply of medical radioisotopes,
including Mo-99, is of great importance to the public health.
(4) It is also a national security priority of the United
States, and specifically of the Department of Energy, to
encourage the production of low-enriched uranium-based
radioisotopes in order to promote a more peaceful international
nuclear order.
(5) The National Academy of Sciences has identified a need
to establish a reliable capability in the United States for the
production of Mo-99 and its derivatives for medical purposes
using low-enriched uranium.
(6) There also exists a capable industrial base in the
United States that can support the development of Mo-99
production facilities and can conduct the processing and
distribution of radiopharmaceutical products for use in medical
tests worldwide.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) radioisotopes and radiopharmaceuticals, including Mo-99
and its derivatives, are essential components of medical tests
that help diagnose and treat life-threatening diseases
affecting millions of people each year; and
(2) the Secretary of Energy should continue and expand a
program to meet the need identified by the National Academy of
Sciences to ensure a source of Mo-99 and its derivatives for
use in medical tests to help ensure the health security of the
United States and around the world and promote peaceful nuclear
industries through the use of low-enriched uranium.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
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 XXXIII--MARITIME ADMINISTRATION
SEC. 3301. MARITIME ADMINISTRATION.
Section 109 of title 49, United States Code, is amended to read as
follows:
``Sec. 109. Maritime Administration
``(a) Organization.--The Maritime Administration is an
administration in the Department of Transportation.
``(b) Maritime Administrator.--The head of the Maritime
Administration is the Maritime Administrator, who is appointed by the
President by and with the advice and consent of the Senate. The
Administrator shall report directly to the Secretary of Transportation
and carry out the duties prescribed by the Secretary.
``(c) Deputy Maritime Administrator.--The Maritime Administrator
shall have a Deputy Maritime Administrator, who is appointed in the
competitive service by the Secretary, after consultation with the
Administrator. The Deputy Administrator shall carry out the duties
prescribed by the Administrator. The Deputy Administrator shall be
Acting Administrator during the absence or disability of the
Administrator and, unless the Secretary designates another individual,
during a vacancy in the office of Administrator.
``(d) Duties and Powers Vested in Secretary.--All duties and powers
of the Maritime Administration are vested in the Secretary.
``(e) Regional Offices.--The Maritime Administration shall have
regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port
ranges, and may have other regional offices as necessary. The Secretary
shall appoint a qualified individual as Director of each regional
office. The Secretary shall carry out appropriate activities and
programs of the Maritime Administration through the regional offices.
``(f) Interagency and Industry Relations.--The Secretary shall
establish and maintain liaison with other agencies, and with
representative trade organizations throughout the United States,
concerned with the transportation of commodities by water in the export
and import foreign commerce of the United States, for the purpose of
securing preference to vessels of the United States for the
transportation of those commodities.
``(g) Detailing Officers From Armed Forces.--To assist the
Secretary in carrying out duties and powers relating to the Maritime
Administration, not more than five officers of the armed forces may be
detailed to the Secretary at any one time, in addition to details
authorized by any other law. During the period of a detail, the
Secretary shall pay the officer an amount that, when added to the
officer's pay and allowances as an officer in the armed forces, make
the officer's total pay and allowances equal to the amount that would
be paid to an individual performing work the Secretary considers to be
of similar importance, difficulty, and responsibility as that performed
by the officer during the detail.
``(h) Contracts and Audits.--
``(1) Contracts.--In the same manner that a private
corporation may make a contract within the scope of its
authority under its charter, the Secretary may make contracts
for the United States Government and disburse amounts to--
``(A) carry out the Secretary's duties and powers
under this section and subtitle V of title 46; and
``(B) protect, preserve, and improve collateral
held by the Secretary to secure indebtedness.
``(2) Audits.--The financial transactions of the Secretary
under paragraph (1) shall be audited by the Comptroller
General. The Comptroller General shall allow credit for an
expenditure shown to be necessary because of the nature of the
business activities authorized by this section or subtitle V of
title 46. At least once a year, the Comptroller General shall
report to Congress any departure by the Secretary from this
section or subtitle V of title 46.
``(i) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this
subsection, there are authorized to be appropriated such
amounts as may be necessary to carry out the duties and powers
of the Secretary relating to the Maritime Administration.
``(2) Limitations.--Only those amounts specifically
authorized by law may be appropriated for the use of the
Maritime Administration for--
``(A) acquisition, construction, or reconstruction
of vessels;
``(B) construction-differential subsidies incident
to the construction, reconstruction, or reconditioning
of vessels;
``(C) costs of national defense features;
``(D) payments of obligations incurred for
operating-differential subsidies;
``(E) expenses necessary for research and
development activities, including reimbursement of the
Vessel Operations Revolving Fund for losses resulting
from expenses of experimental vessel operations;
``(F) the Vessel Operations Revolving Fund;
``(G) National Defense Reserve Fleet expenses;
``(H) expenses necessary to carry out part B of
subtitle V of title 46; and
``(I) other operations and training expenses
related to the development of waterborne transportation
systems, the use of waterborne transportation systems,
and general administration.
``(3) Training vessels.--Amounts may not be appropriated
for the purchase or construction of training vessels for State
maritime academies unless the Secretary has approved a plan for
sharing training vessels between State maritime academies.''.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, 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
a 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.--An
amount specified in the funding tables in this division may be
transferred or reprogrammed under a transfer or reprogramming authority
provided by another provision of this Act or by other law. The transfer
or reprogramming of an amount specified in such funding tables 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) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supercede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
----------------------------------------------------------------------------------------------------------------
PROCUREMENT (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2010 Request Senate Change Senate Authorized
Line Item ---------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost
----------------------------------------------------------------------------------------------------------------
AIRCRAFT
PROCUREMENT,
ARMY
AIRCRAFT
FIXED WING
001 JOINT CARGO
AIRCRAFT (JCA).
002 UTILITY F/W
AIRCRAFT.
003 MQ-1 UAV....... 24 401,364 -12 -200,000 12 201,364
Avoid [-200,000]
forward
funding of
production.
004 RQ-11 (RAVEN).. 618 35,008 618 35,008
004A C-12A..........
ROTARY WING
006 ARMED
RECONNAISSANCE
HELICOPTER.
007 ADVANCE
PROCUREMENT
(CY).
008 HELICOPTER, 54 326,040 54 326,040
LIGHT UTILITY
(LUH).
009 AH-64 APACHE 8 161,280 8 161,280
BLOCK III.
010 ADVANCE 57,890 57,890
PROCUREMENT
(CY).
011 UH-60 BLACKHAWK 79 1,258,374 79 1,258,374
(MYP).
012 ADVANCE 98,740 98,740
PROCUREMENT
(CY).
013 CH-47 35 860,087 22,000 35 882,087
HELICOPTER.
Multiyear [22,000]
procurement
execution.
014 ADVANCE 50,676 50,676
PROCUREMENT
(CY).
015 HELICOPTER NEW 19,639 19,639
TRAINING.
MODIFICATION OF
AIRCRAFT
016 MQ-1 PAYLOAD-- 87,424 87,424
UAS.
017 MQ-1 14,832 14,832
WEAPONIZATION-
-UAS.
018 GUARDRAIL MODS 61,517 61,517
(MIP).
019 MULTI SENSOR 21,457 21,457
ABN RECON
(MIP).
020 AH-64 MODS..... 426,415 5,500 431,915
Fuselage [5,500]
manufacturi
ng.
021 ADVANCE
PROCUREMENT
(CY).
022 CH-47 CARGO 102,876 -22,000 80,876
HELICOPTER
MODS (MYP).
Multiyear [-22,000]
procurement
execution.
023 ADVANCE
PROCUREMENT
(CY).
024 UTILITY/CARGO 39,547 39,547
AIRPLANE MODS.
025 AIRCRAFT LONG 823 823
RANGE MODS.
026 UTILITY 66,682 20,400 87,082
HELICOPTER
MODS.
UH-60A to [20,400]
UH-60L
conversion.
027 KIOWA WARRIOR.. 140,768 140,768
028 AIRBORNE 241,287 241,287
AVIONICS.
029 GATM ROLLUP.... 103,142 103,142
030 RQ-7 UAV MODS.. 283,012 283,012
030A C-12A..........
SPARES AND
REPAIR PARTS
031 SPARE PARTS 7,083 7,083
(AIR).
SUPPORT
EQUIPMENT AND
FACILITIES
GROUND SUPPORT
AVIONICS
032 AIRCRAFT 25,975 25,975
SURVIVABILITY
EQUIPMENT.
033 ASE INFRARED CM 186,356 186,356
OTHER SUPPORT
034 AVIONICS 4,933 4,933
SUPPORT
EQUIPMENT.
035 COMMON GROUND 87,682 87,682
EQUIPMENT.
036 AIRCREW 52,725 3,000 55,725
INTEGRATED
SYSTEMS.
Air warrior [3,000]
ensemble--g
eneration
III.
037 AIR TRAFFIC 76,999 76,999
CONTROL.
038 INDUSTRIAL 1,533 1,533
FACILITIES.
039 LAUNCHER, 2.75 2,716 2,716
ROCKET.
040 AIRBORNE 11,109 11,109
COMMUNICATIONS.
TOTAL--AIRCRAFT 5,315,991 -171,100 5,144,891
PROCUREMENT,
ARMY.
MISSILE
PROCUREMENT,
ARMY
OTHER MISSILES
SURFACE-TO-AIR
MISSILE SYSTEM
001 PATRIOT SYSTEM 59 348,351 59 348,351
SUMMARY.
002 PATRIOT/MEADS 16,406 16,406
CAP SYSTEM
SUMMARY.
003 SURFACE- 13 72,920 13 72,920
LAUNCHED
AMRAAM SYSTEM
SUMMARY:.
004 ADVANCE
PROCUREMENT
(CY).
AIR-TO-SURFACE
MISSILE SYSTEM
005 HELLFIRE SYS 240 31,154 240 31,154
SUMMARY.
ANTI-TANK/
ASSAULT
MISSILE SYSTEM
006 JAVELIN (AAWS- 470 148,649 470 148,649
M) SYSTEM
SUMMARY.
007 TOW 2 SYSTEM 1165 108,066 1165 108,066
SUMMARY.
008 GUIDED MLRS 2628 293,617 2628 293,617
ROCKET (GMLRS).
009 MLRS REDUCED 2064 15,663 2064 15,663
RANGE PRACTICE
ROCKETS (RRPR).
010 HIGH MOBILITY 46 209,061 46 209,061
ARTILLERY
ROCKET SYSTEM
(HIMARS).
011 ARMY TACTICAL
MSL SYS
(ATACMS)--SYS
SUM.
MODIFICATIONS
012 PATRIOT MODS... 44,775 5,000 49,775
Command & [5,000]
control
modificatio
ns.
013 ITAS/TOW MODS.. 6,983 6,983
014 MLRS MODS...... 3,662 3,662
015 HIMARS 38,690 38,690
MODIFICATIONS.
016 HELLFIRE 10 10
MODIFICATIONS.
SPARES AND
REPAIR PARTS
017 SPARES AND 22,338 22,338
REPAIR PARTS.
SUPPORT
EQUIPMENT AND
FACILITIES
018 AIR DEFENSE 4,188 4,188
TARGETS.
019 ITEMS LESS THAN 1,178 1,178
$5.0M
(MISSILES).
020 PRODUCTION BASE 4,398 4,398
SUPPORT.
TOTAL--MISSILE 1,370,109 5,000 1,375,109
PROCUREMENT,
ARMY.
PROCUREMENT OF
WEAPONS &
TRACKED COMBAT
VEHICLES
TRACKED COMBAT
VEHICLES
001 BRADLEY PROGRAM
002 BRADLEY
TRAINING
DEVICES (MOD).
003 ABRAMS TANK
TRAINING
DEVICES.
004 STRYKER VEHICLE 388,596 388,596
005 FUTURE COMBAT
SYSTEMS: (FCS).
006 ADVANCE
PROCUREMENT
(CY).
007 FCS SPIN OUTS.. 285,920 285,920
008 ADVANCE 42,001 42,001
PROCUREMENT
(CY).
MODIFICATION OF
TRACKED COMBAT
VEHICLES
009 FIST VEHICLE 34,192 34,192
(MOD).
010 BRADLEY PROGRAM 526,356 526,356
(MOD).
011 HOWITZER, MED 96,503 96,503
SP FT 155MM
M109A6 (MOD).
012 IMPROVED 12 96,814 12 96,814
RECOVERY
VEHICLE (M88A2
HERCULES).
013 ARMORED 63,250 63,250
BREACHER
VEHICLE.
014 JOINT ASSAULT 70,637 70,637
BRIDGE.
015 M1 ABRAMS TANK 183,829 183,829
(MOD).
016 ABRAMS UPGRADE 22 185,611 22 185,611
PROGRAM.
SUPPORT
EQUIPMENT &
FACILITIES
017 ITEMS LESS THAN
$5.0M (TCV-
WTCV).
018 PRODUCTION BASE 6,601 6,601
SUPPORT (TCV-
WTCV).
WEAPONS AND
OTHER COMBAT
VEHICLES
019 HOWITZER, 70 95,631 70 95,631
LIGHT, TOWED,
105MM, M119.
020 M240 MEDIUM 2010 32,919 2010 32,919
MACHINE GUN
(7.62MM).
021 MACHINE GUN, 4825 84,588 4825 84,588
CAL .50 M2
ROLL.
022 LIGHTWEIGHT .50 977 977
CALIBER
MACHINE GUN.
023 M249 SAW 1550 7,535 1550 7,535
MACHINE GUN
(5.56MM).
024 MK-19 GRENADE 349 7,700 349 7,700
MACHINE GUN
(40MM).
025 MORTAR SYSTEMS. 315 14,779 315 14,779
026 M107, CAL. 50, 224 224
SNIPER RIFLE.
027 XM320 GRENADE 4740 16,023 4740 16,023
LAUNCHER
MODULE (GLM).
028 M110 SEMI- 448 6,223 448 6,223
AUTOMATIC
SNIPER SYSTEM
(SASS).
029 M4 CARBINE..... 12000 20,500 12000 20,500
030 SHOTGUN, 3738 6,945 3738 6,945
MODULAR
ACCESSORY
SYSTEM (MASS).
031 COMMON REMOTELY
OPERATED
WEAPONS
STATION (CRO.
032 HANDGUN........ 5000 3,389 5000 3,389
033 HOWITZER LT WT 17 49,572 17 49,572
155MM (T).
MOD OF WEAPONS
AND OTHER
COMBAT VEH
034 MK-19 GRENADE 8,164 8,164
MACHINE GUN
MODS.
035 M4 CARBINE MODS 31,472 31,472
036 M2 50 CAL 7,738 7,738
MACHINE GUN
MODS.
037 M249 SAW 7,833 7,833
MACHINE GUN
MODS.
038 M240 MEDIUM 17,964 17,964
MACHINE GUN
MODS.
039 PHALANX MODS...
040 M119 25,306 25,306
MODIFICATIONS.
041 M16 RIFLE MODS. 4,186 4,186
041A M14 7.62 RIFLE
MODS.
042 MODIFICATIONS 6,164 6,164
LESS THAN
$5.0M (WOCV-
WTCV).
SUPPORT
EQUIPMENT &
FACILITIES
043 ITEMS LESS THAN 551 551
$5.0M (WOCV-
WTCV).
044 PRODUCTION BASE 9,855 9,855
SUPPORT (WOCV-
WTCV).
045 INDUSTRIAL 392 392
PREPAREDNESS.
046 SMALL ARMS 5,012 5,012
EQUIPMENT
(SOLDIER ENH
PROG).
TOTAL--PROCUREM 2,451,952 2,451,952
ENT OF WTCV,
ARMY.
PROCUREMENT OF
AMMUNITION,
ARMY
AMMUNITION
SMALL/MEDIUM
CALIBER
AMMUNITION
001 CTG, 5.56MM, 207,752 207,752
ALL TYPES.
002 CTG, 7.62MM, 77,602 77,602
ALL TYPES.
003 CTG, HANDGUN, 5,120 5,120
ALL TYPES.
004 CTG, .50 CAL, 162,342 162,342
ALL TYPES.
005 CTG, 25MM, ALL 17,054 17,054
TYPES.
006 CTG, 30MM, ALL 96,572 96,572
TYPES.
007 CTG, 40MM, ALL 172,675 172,675
TYPES.
MORTAR
AMMUNITION
008 60MM MORTAR, 23,607 3,000 26,607
ALL TYPES.
Additional [3,000]
ammunition.
009 81MM MORTAR, 28,719 28,719
ALL TYPES.
010 CTG, MORTAR, 104,961 104,961
120MM, ALL
TYPES.
TANK AMMUNITION
011 CTG TANK 105MM: 7,741 7,741
ALL TYPES.
012 CTG, TANK, 113,483 113,483
120MM, ALL
TYPES.
ARTILLERY
AMMUNITION
013 CTG, ARTY, 5,229 5,229
75MM: ALL
TYPES.
014 CTG, ARTY, 90,726 90,726
105MM: ALL
TYPES.
015 CTG, ARTY, 54,546 54,546
155MM, ALL
TYPES.
016 PROJ 155MM 62,292 62,292
EXTENDED RANGE
XM982.
017 MODULAR 33,441 33,441
ARTILLERY
CHARGE SYSTEM
(MACS), ALL T.
ARTILLERY FUZES
018 ARTILLERY 19,870 19,870
FUZES, ALL
TYPES.
MINES
019 MINES, ALL 815 815
TYPES.
020 MINE, CLEARING
CHARGE, ALL
TYPES.
021 ANTIPERSONNEL 56,387 56,387
LANDMINE
ALTERNATIVES.
022 INTELLIGENT 19,507 19,507
MUNITIONS
SYSTEM (IMS),
ALL TYPES.
ROCKETS
023 SHOULDER 45,302 45,302
LAUNCHED
MUNITIONS, ALL
TYPES.
024 ROCKET, HYDRA 99,904 99,904
70, ALL TYPES.
OTHER
AMMUNITION
025 DEMOLITION 18,793 18,793
MUNITIONS, ALL
TYPES.
026 GRENADES, ALL 49,910 49,910
TYPES.
027 SIGNALS, ALL 83,094 83,094
TYPES.
028 SIMULATORS, ALL 12,081 12,081
TYPES.
MISCELLANEOUS
029 AMMO 17,968 17,968
COMPONENTS,
ALL TYPES.
030 NON-LETHAL 7,378 7,378
AMMUNITION,
ALL TYPES.
031 CAD/PAD ALL 3,353 3,353
TYPES.
032 ITEMS LESS THAN 8,826 8,826
$5 MILLION.
033 AMMUNITION 11,187 11,187
PECULIAR
EQUIPMENT.
034 FIRST 14,354 14,354
DESTINATION
TRANSPORTATION
(AMMO).
035 CLOSEOUT 99 99
LIABILITIES.
AMMUNITION
PRODUCTION
BASE SUPPORT
PRODUCTION BASE
SUPPORT
036 PROVISION OF 151,943 5,000 156,943
INDUSTRIAL
FACILITIES.
Bomb line [5,000]
modernizati
on.
037 LAYAWAY OF 9,529 9,529
INDUSTRIAL
FACILITIES.
038 MAINTENANCE OF 8,772 8,772
INACTIVE
FACILITIES.
039 CONVENTIONAL 145,777 145,777
MUNITIONS
DEMILITARIZATI
ON, ALL.
040 ARMS INITIATIVE 3,184 3,184
TOTAL--PROCUREM 2,051,895 8,000 2,059,895
ENT OF
AMMUNITION,
ARMY.
OTHER
PROCUREMENT,
ARMY
TACTICAL AND
SUPPORT
VEHICLES
TACTICAL
VEHICLES
001 TACTICAL 8037 95,893 8037 95,893
TRAILERS/DOLLY
SETS.
002 SEMITRAILERS, 290 20,870 290 20,870
FLATBED:.
003 SEMITRAILERS, 70 13,217 70 13,217
TANKERS.
004 HI MOB MULTI- 1770 281,123 1770 281,123
PURP WHLD VEH
(HMMWV).
005 FAMILY OF 3889 1,158,522 3889 1,158,522
MEDIUM
TACTICAL VEH
(FMTV).
006 FIRETRUCKS & 17,575 17,575
ASSOCIATED
FIREFIGHTING
EQUIPMEN.
007 FAMILY OF HEAVY 812,918 812,918
TACTICAL
VEHICLES
(FHTV).
008 PLS ESP........ 18,973 18,973
009 ARMORED 150 136,605 150 136,605
SECURITY
VEHICLES (ASV).
010 MINE PROTECTION 402,517 -90,000 312,517
VEHICLE FAMILY.
Reassessmen [-90,000]
t of
program
requirement.
011 FAMILY OF MINE
RESISTANT
AMBUSH PROTEC
(MRAP).
012 TRUCK, TRACTOR, 310 74,703 310 74,703
LINE HAUL,
M915/M916.
013 HVY EXPANDED 180,793 180,793
MOBILE
TACTICAL TRUCK
EXT SERV P.
014 HMMWV 2,904 2,904
RECAPITALIZATI
ON PROGRAM.
015 MODIFICATION OF 10,314 10,314
IN-SVC EQUIP.
016 ITEMS LESS THAN 298 298
$5.0M (TAC
VEH).
017 TOWING DEVICE- 414 414
FIFTH WHEEL.
NON-TACTICAL
VEHICLES
018 HEAVY ARMORED 1,980 1,980
SEDAN.
019 PASSENGER 269 269
CARRYING
VEHICLES.
020 NONTACTICAL 3,052 3,052
VEHICLES,
OTHER.
COMMUNICATIONS
AND
ELECTRONICS
EQUIPMENT
COMM-JOINT
COMMUNICATIONS
021 COMBAT
IDENTIFICATION
PROGRAM.
022 JOINT COMBAT 11,868 11,868
IDENTIFICATION
MARKING SYSTEM.
023 WIN-T--GROUND 544,202 544,202
FORCES
TACTICAL
NETWORK.
024 JCSE EQUIPMENT 4,868 4,868
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
025 DEFENSE 145,108 145,108
ENTERPRISE
WIDEBAND
SATCOM SYSTEMS
(S.
026 SHF TERM....... 90,918 90,918
027 SAT TERM, EMUT 653 653
(SPACE).
028 NAVSTAR GLOBAL 72,735 72,735
POSITIONING
SYSTEM (SPACE).
029 SMART-T (SPACE) 61,116 61,116
030 SCAMP (SPACE).. 1,834 1,834
031 GLOBAL BRDCST 6,849 6,849
SVC--GBS.
032 MOD OF IN-SVC 2,862 2,862
EQUIP (TAC
SAT).
COMM--COMBAT
SUPPORT COMM
032A MOD-IN-SERVICE
PROFILER.
COMM--C3 SYSTEM
033 ARMY GLOBAL CMD 22,996 22,996
& CONTROL SYS
(AGCCS).
COMM--COMBAT
COMMUNICATIONS
034 ARMY DATA 1,705 1,705
DISTRIBUTION
SYSTEM (DATA
RADIO).
035 JOINT TACTICAL 90,204 -55,200 35,004
RADIO SYSTEM.
Testing [-55,200]
delays in
JTRS GMR.
036 RADIO TERMINAL 8,549 8,549
SET, MIDS
LVT(2).
037 SINCGARS FAMILY 6,812 6,812
038 AMC CRITICAL
ITEMS--OPA2.
038A SINCGARS--GROUN
D.
039 MULTI-PURPOSE 6,164 6,164
INFORMATIONS
OPERATIONS
SYSEMS.
040 BRIDGE TO
FUTURE
NETWORKS.
041 COMMS-ELEC
EQUIP FIELDING.
042 SPIDER APLA 21,820 21,820
REMOTE CONTROL
UNIT.
043 IMS REMOTE 9,256 9,256
CONTROL UNIT.
044 SOLDIER 4,646 4,646
ENHANCEMENT
PROGRAM COMM/
ELECTRONICS.
045 COMBAT SURVIVOR 2,367 2,367
EVADER LOCATOR
(CSEL).
046 RADIO, IMPROVED 6,555 6,555
HF (COTS)
FAMILY.
047 MEDICAL COMM 18,583 18,583
FOR CBT
CASUALTY CARE
(MC4).
COMM--INTELLIGE
NCE COMM
048 CI AUTOMATION 1,414 1,414
ARCHITECTURE
(MIP).
INFORMATION
SECURITY
049 TSEC--ARMY KEY 29,525 29,525
MGT SYS (AKMS).
050 INFORMATION 33,189 33,189
SYSTEM
SECURITY
PROGRAM-ISSP.
COMM--LONG HAUL
COMMUNICATIONS
051 TERRESTRIAL 1,890 1,890
TRANSMISSION.
052 BASE SUPPORT 25,525 25,525
COMMUNICATIONS.
053 ELECTROMAG COMP
PROG (EMCP).
054 WW TECH CON IMP 31,256 31,256
PROG (WWTCIP).
COMM--BASE
COMMUNICATIONS
055 INFORMATION 216,057 216,057
SYSTEMS.
056 DEFENSE MESSAGE 6,203 6,203
SYSTEM (DMS).
057 INSTALLATION 147,111 147,111
INFO
INFRASTRUCTURE
MOD PROGRAM (.
058 PENTAGON 39,906 39,906
INFORMATION
MGT AND
TELECOM.
ELECT EQUIP--
TACT INT REL
ACT (TIARA)
061 ALL SOURCE
ANALYSIS SYS
(ASAS) (MIP).
062 JTT/CIBS-M 3,279 3,279
(MIP).
063 PROPHET GROUND 64,498 64,498
(MIP).
064 TACTICAL
UNMANNED
AERIAL SYS
(TUAS) MIP.
065 SMALL UNMANNED
AERIAL SYSTEM
(SUAS).
066 DIGITAL
TOPOGRAPHIC
SPT SYS (DTSS)
(MIP).
067 DRUG
INTERDICTION
PROGRAM (DIP)
(TIARA).
068 TACTICAL
EXPLOITATION
SYSTEM (MIP).
069 DCGS-A (MIP)... 85,354 85,354
070 JOINT TACTICAL 6,703 -6,700 3
GROUND STATION
(JTAGS).
Program [-6,700]
reduction.
071 TROJAN (MIP)... 26,659 26,659
072 MOD OF IN-SVC 7,021 7,021
EQUIP (INTEL
SPT) (MIP).
073 CI HUMINT AUTO 4,509 4,509
REPRTING AND
COLL (CHARCS)
(MIP).
074 SEQUOYAH 6,420 6,420
FOREIGN
LANGUAGE
TRANSLATION
SYSTEM.
075 ITEMS LESS THAN 17,053 17,053
$5.0M (MIP).
ELECT EQUIP--
ELECTRONIC
WARFARE (EW)
076 LIGHTWEIGHT 31,661 31,661
COUNTER MORTAR
RADAR.
077 WARLOCK........
078 COUNTERINTELLIG 1,284 1,284
ENCE/SECURITY
COUNTERMEASURE
S.
079 CI 1,221 1,221
MODERNIZATION
(MIP).
ELECT EQUIP--
TACTICAL SURV.
(TAC SURV)
080 SENTINEL MODS.. 25,863 25,863
081 SENSE THROUGH 25,352 25,352
THE WALL
(STTW).
082 NIGHT VISION 366,820 -100,000 266,820
DEVICES.
Contractor [-100,000]
production
delays in
ENVG line.
083 LONG RANGE 133,836 133,836
ADVANCED SCOUT
SURVEILLANCE
SYSTEM.
084 NIGHT VISION, 313,237 313,237
THERMAL WPN
SIGHT.
085 SMALL TACTICAL 9,179 9,179
OPTICAL RIFLE
MOUNTED MLRF.
086 RADIATION 2,198 2,198
MONITORING
SYSTEMS.
087 COUNTER-ROCKET,
ARTILLERY &
MORTAR (C-RAM).
088 BASE
EXPEDITIONARY
TARGETING AND
SURV SYS.
089 ARTILLERY 5,838 5,838
ACCURACY EQUIP.
090 MOD OF IN-SVC
EQUIP (MMS).
091 ENHANCED 1,178 1,178
PORTABLE
INDUCTIVE
ARTILLERY FUZE
SE.
092 PROFILER....... 4,766 4,766
093 MOD OF IN-SVC 2,801 2,801
EQUIP
(FIREFINDER
RADARS).
094 FORCE XXI 271,979 271,979
BATTLE CMD
BRIGADE &
BELOW (FBCB2).
095 JOINT BATTLE 17,242 17,242
COMMAND--PLATF
ORM (JBC-P).
096 LIGHTWEIGHT 59,080 59,080
LASER
DESIGNATOR/
RANGEFINDER
(LLD.
097 COMPUTER
BALLISTICS:
LHMBC XM32.
098 MORTAR FIRE 15,520 15,520
CONTROL SYSTEM.
099 COUNTERFIRE 194,665 194,665
RADARS.
100 INTEGRATED MET
SYS SENSORS
(IMETS)--MIP.
101 ENHANCED SENSOR 1,944 1,944
& MONITORING
SYSTEM.
ELECT EQUIP--
TACTICAL C2
SYSTEMS
102 TACTICAL 29,934 29,934
OPERATIONS
CENTERS.
103 FIRE SUPPORT C2 39,042 39,042
FAMILY.
104 BATTLE COMMAND 31,968 31,968
SUSTAINMENT
SUPPORT SYSTEM
(BC.
105 FAAD C2........ 8,289 8,289
106 AIR & MSL 62,439 62,439
DEFENSE
PLANNING &
CONTROL SYS
(AMD.
107 KNIGHT FAMILY.. 80,831 80,831
108 LIFE CYCLE 1,778 1,778
SOFTWARE
SUPPORT (LCSS).
109 AUTOMATIC 31,542 31,542
IDENTIFICATION
TECHNOLOGY.
110 TC AIMS II..... 11,124 11,124
111 JOINT NETWORK
MANAGEMENT
SYSTEM (JNMS).
112 TACTICAL
INTERNET
MANAGER.
113 NETWORK 53,898 53,898
MANAGEMENT
INITIALIZATION
AND SERVICE.
114 MANEUVER 77,646 77,646
CONTROL SYSTEM
(MCS).
115 SINGLE ARMY 46,861 46,861
LOGISTICS
ENTERPRISE
(SALE).
116 RECONNAISSANCE 11,118 11,118
AND SURVEYING
INSTRUMENT SET.
117 MOUNTED BATTLE 926 926
COMMAND ON THE
MOVE (MBCOTM).
ELECT EQUIP--
AUTOMATION
118 GENERAL FUND 85,801 85,801
ENTERPRISE
BUSINESS
SYSTEM.
119 ARMY TRAINING 12,823 12,823
MODERNIZATION.
120 AUTOMATED DATA 254,723 254,723
PROCESSING
EQUIP.
121 CSS 33,749 33,749
COMMUNICATIONS.
122 RESERVE 39,675 39,675
COMPONENT
AUTOMATION SYS
(RCAS).
ELECT EQUIP--
AUDIO VISUAL
SYS (A/V)
123 AFRTS..........
124 ITEMS LESS THAN 2,709 2,709
$5.0M (A/V).
125 ITEMS LESS THAN 5,172 5,172
$5M (SURVEYING
EQUIPMENT).
ELECT EQUIP--
MODS TACTICAL
SYS/EQ
126 WEAPONIZATION
OF UNMANNED
AERIAL SYSTEM
(UAS).
ELECT EQUIP--
SUPPORT
127 ITEMS UNDER $5M
(SSE).
128 PRODUCTION BASE 518 518
SUPPORT (C-E).
CLASSIFIED 2,522 2,522
PROGRAMS.
OTHER SUPPORT
EQUIPMENT
CHEMICAL
DEFENSIVE
EQUIPMENT
129 PROTECTIVE 2,081 2,081
SYSTEMS.
130 CBRN SOLDIER 108,334 108,334
PROTECTION.
131 SMOKE & 7,135 7,135
OBSCURANT
FAMILY: SOF
(NON AAO ITEM).
BRIDGING
EQUIPMENT
132 TACTICAL 58,509 58,509
BRIDGING.
133 TACTICAL 135,015 135,015
BRIDGE, FLOAT-
RIBBON.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
134 HANDHELD 42,264 42,264
STANDOFF
MINEFIELD
DETECTION SYS-
HST.
135 GRND STANDOFF 56,123 7,000 63,123
MINE DETECTION
SYSTEM
(GSTAMIDS.
FIDO [7,000]
explosives
detector.
136 EXPLOSIVE 49,333 49,333
ORDNANCE
DISPOSAL EQPMT
(EOD EQPMT).
137 < $5M, 3,479 3,479
COUNTERMINE
EQUIPMENT.
138 AERIAL 11,200 11,200
DETECTION.
COMBAT SERVICE
SUPPORT
EQUIPMENT
139 HEATERS AND 11,924 11,924
ECU'S.
140 LAUNDRIES,
SHOWERS AND
LATRINES.
141 SOLDIER 4,071 4,071
ENHANCEMENT.
142 LIGHTWEIGHT
MAINTENANCE
ENCLOSURE
(LME).
142A LAND WARRIOR...
143 PERSONNEL 6,981 6,981
RECOVERY
SUPPORT SYSTEM
(PRSS).
144 GROUND SOLDIER 1,809 1,809
SYSTEM.
145 MOUNTED SOLDIER 1,085 1,085
SYSTEM.
146 FORCE PROVIDER.
147 FIELD FEEDING 57,872 57,872
EQUIPMENT.
148 CARGO AERIAL 66,381 66,381
DEL &
PERSONNEL
PARACHUTE
SYSTEM.
149 MOBILE 16,585 16,585
INTEGRATED
REMAINS
COLLECTION
SYSTEM:.
150 ITEMS LESS THAN 25,531 25,531
$5M (ENG SPT).
PETROLEUM
EQUIPMENT
151 QUALITY
SURVEILLANCE
EQUIPMENT.
152 DISTRIBUTION 84,019 84,019
SYSTEMS,
PETROLEUM &
WATER.
WATER EQUIPMENT
153 WATER 7,173 7,173
PURIFICATION
SYSTEMS.
MEDICAL
EQUIPMENT
154 COMBAT SUPPORT 33,694 8,300 41,994
MEDICAL.
Combat [8,300]
casualty
care
equipment
upgrade
program.
MAINTENANCE
EQUIPMENT
155 MOBILE 137,002 137,002
MAINTENANCE
EQUIPMENT
SYSTEMS.
156 ITEMS LESS THAN 812 812
$5.0M (MAINT
EQ).
CONSTRUCTION
EQUIPMENT
157 GRADER, ROAD 50,897 50,897
MTZD, HVY, 6X4
(CCE).
158 SKID STEER 18,387 18,387
LOADER (SSL)
FAMILY OF
SYSTEM.
159 SCRAPERS,
EARTHMOVING.
160 DISTR, WATER,
SP MIN 2500G
SEC/NON-SEC.
161 MISSION 44,420 44,420
MODULES--ENGIN
EERING.
162 LOADERS........ 20,824 20,824
163 HYDRAULIC 18,785 18,785
EXCAVATOR.
164 TRACTOR, FULL 50,102 50,102
TRACKED.
165 CRANES.........
166 PLANT, ASPHALT 12,915 12,915
MIXING.
167 HIGH MOBILITY 36,451 36,451
ENGINEER
EXCAVATOR
(HMEE) FOS.
168 CONST EQUIP ESP 8,391 8,391
169 ITEMS LESS THAN 12,562 12,562
$5.0M (CONST
EQUIP).
RAIL FLOAT
CONTAINERIZATI
ON EQUIPMENT
170 JOINT HIGH 183,666 183,666
SPEED VESSEL
(JHSV).
171 HARBORMASTER 10,962 10,962
COMMAND AND
CONTROL CENTER
(HCCC).
172 ITEMS LESS THAN 6,785 6,785
$5.0M (FLOAT/
RAIL).
GENERATORS
173 GENERATORS AND 146,067 146,067
ASSOCIATED
EQUIP.
MATERIAL
HANDLING
EQUIPMENT
174 ROUGH TERRAIN 41,239 41,239
CONTAINER
HANDLER (RTCH).
175 ALL TERRAIN 44,898 44,898
LIFTING ARMY
SYSTEM.
TRAINING
EQUIPMENT
176 COMBAT TRAINING 22,967 22,967
CENTERS
SUPPORT.
177 TRAINING 261,348 22,440 283,788
DEVICES,
NONSYSTEM.
Operator [5,000]
driving
simulator.
Immersive [5,500]
group
simulation
virtual
training
system.
Joint fires [5,000]
& effects
training
systems
(JFETS).
Urban [2,000]
training
instrumenta
tion.
Virtual [4,940]
interactive
combat
environment
(VICE).
178 CLOSE COMBAT 65,155 65,155
TACTICAL
TRAINER.
179 AVIATION 12,794 12,794
COMBINED ARMS
TACTICAL
TRAINER (AVCA.
180 GAMING 7,870 7,870
TECHNOLOGY IN
SUPPORT OF
ARMY TRAINING.
TEST MEASURE
AND DIG
EQUIPMENT
(TMD)
181 CALIBRATION 16,844 16,844
SETS EQUIPMENT.
182 INTEGRATED 101,320 101,320
FAMILY OF TEST
EQUIPMENT
(IFTE).
183 TEST EQUIPMENT 15,526 15,526
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 21,770 21,770
SOLDIER
SUPPORT
EQUIPMENT.
185 PHYSICAL 49,758 49,758
SECURITY
SYSTEMS (OPA3).
186 BASE LEVEL 1,303 1,303
COM'L
EQUIPMENT.
187 MODIFICATION OF 53,884 53,884
IN-SVC
EQUIPMENT (OPA-
3).
188 PRODUCTION BASE 3,050 3,050
SUPPORT (OTH).
189 BUILDING, PRE-
FAB,
RELOCATABLE.
190 SPECIAL 45,516 45,516
EQUIPMENT FOR
USER TESTING.
191 AMC CRITICAL 12,232 12,232
ITEMS OPA3.
192 MA8975......... 4,492 4,492
SPARES AND
REPAIR PARTS
OPA2
193 INITIAL SPARES-- 25,867 25,867
C&E.
194 WIN-T INCREMENT 9,758 9,758
2 SPARES.
194a Procurement of -75,000 -75,000
computer
services/
systems.
Eliminate [-75,000]
redundant
activities.
TOTAL--OTHER 9,907,151 -289,160 9,617,991
PROCUREMENT,
ARMY.
JOINT
IMPROVISED
EXPLOSIVE
DEVICE DEFEAT
FUND
NETWORK ATTACK
001 ATTACK THE 203,100 -203,100
NETWORK.
Transfer to [-203,100]
OCO.
JIEDDO DEVICE
DEFEAT
002 DEFEAT THE 199,100 -199,100
DEVICE.
Transfer to [-199,100]
OCO.
FORCE TRAINING
003 TRAIN THE FORCE 41,100 -41,100
Transfer to [-41,100]
OCO.
STAFF AND
INFRASTRUCTURE
004 OPERATIONS..... 121,550 -121,550
Transfer to [-121,550]
OCO.
TOTAL--JOINT 564,850 -564,850
IED DEFEAT
FUND.
AIRCRAFT
PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 AV-8B (V/STOL)
HARRIER.
002 EA-18G......... 22 1,611,837 22 1,611,837
003 ADVANCE 20,559 20,559
PROCUREMENT
(CY).
004 F/A-18E/F 9 1,009,537 9 560,000 18 1,569,537
(FIGHTER)
HORNET.
Additional [560,000]
aircraft.
005 ADVANCE 51,431 51,431
PROCUREMENT
(CY).
006 JOINT STRIKE 20 3,997,048 20 3,997,048
FIGHTER.
007 ADVANCE 481,000 481,000
PROCUREMENT
(CY).
008 V-22 (MEDIUM 30 2,215,829 30 2,215,829
LIFT).
009 ADVANCE 84,342 84,342
PROCUREMENT
(CY).
010 UH-1Y/AH-1Z.... 28 709,801 -10 -282,900 18 426,901
Maintain [-282,900]
production
at FY 09
level.
011 ADVANCE 70,550 70,550
PROCUREMENT
(CY).
012 MH-60S (MYP)... 18 414,145 18 414,145
013 ADVANCE 78,830 78,830
PROCUREMENT
(CY).
014 MH-60R......... 24 811,781 24 811,781
015 ADVANCE 131,504 131,504
PROCUREMENT
(CY).
016 P-8A POSEIDON.. 6 1,664,525 6 1,664,525
017 ADVANCE 160,526 160,526
PROCUREMENT
(CY).
018 E-2D ADV 2 511,245 2 511,245
HAWKEYE.
019 ADVANCE 94,924 94,924
PROCUREMENT
(CY).
AIRLIFT
AIRCRAFT
020 C-40A.......... 1 74,381 1 74,381
TRAINER
AIRCRAFT
021 T-45TS
(TRAINER)
GOSHAWK.
022 JPATS.......... 38 266,539 38 266,539
OTHER AIRCRAFT
023 KC-130J........
024 ADVANCE
PROCUREMENT
(CY).
025 RQ-7 UAV....... 11 56,797 11 56,797
026 MQ-8 UAV....... 5 77,616 5 77,616
027 OTHER SUPPORT
AIRCRAFT.
MODIFICATION OF
AIRCRAFT
028 EA-6 SERIES.... 39,977 39,977
029 AV-8 SERIES.... 35,668 35,668
030 F-18 SERIES.... 484,129 484,129
031 H-46 SERIES.... 35,325 35,325
032 AH-1W SERIES... 66,461 66,461
033 H-53 SERIES.... 68,197 68,197
034 SH-60 SERIES... 82,253 82,253
035 H-1 SERIES..... 20,040 20,040
036 EP-3 SERIES.... 92,530 92,530
037 P-3 SERIES..... 485,171 485,171
038 S-3 SERIES.....
039 E-2 SERIES..... 22,853 22,853
040 TRAINER A/C 20,907 20,907
SERIES.
041 C-2A........... 21,343 21,343
042 C-130 SERIES... 22,449 22,449
043 FEWSG.......... 9,486 9,486
044 CARGO/TRANSPORT 19,429 19,429
A/C SERIES.
045 E-6 SERIES..... 102,646 102,646
046 EXECUTIVE 42,456 42,456
HELICOPTERS
SERIES.
047 SPECIAL PROJECT 14,869 14,869
AIRCRAFT.
048 T-45 SERIES.... 51,484 51,484
049 POWER PLANT 26,395 26,395
CHANGES.
050 JPATS SERIES... 4,922 4,922
051 AVIATION LIFE 5,594 5,594
SUPPORT MODS.
052 COMMON ECM 47,419 47,419
EQUIPMENT.
053 COMMON AVIONICS 151,112 151,112
CHANGES.
054 COMMON
DEFENSIVE
WEAPON SYSTEM.
055 ID SYSTEMS..... 24,125 24,125
056 V-22 (TILT/ 24,502 24,502
ROTOR ACFT)
OSPREY.
AIRCRAFT SPARES
AND REPAIR
PARTS
057 SPARES AND 1,264,012 1,264,012
REPAIR PARTS.
AIRCRAFT
SUPPORT EQUIP
& FACILITIES
058 COMMON GROUND 363,588 363,588
EQUIPMENT.
059 AIRCRAFT 11,075 11,075
INDUSTRIAL
FACILITIES.
060 WAR CONSUMABLES 55,406 55,406
061 OTHER 23,861 23,861
PRODUCTION
CHARGES.
062 SPECIAL SUPPORT 42,147 42,147
EQUIPMENT.
063 FIRST 1,734 1,734
DESTINATION
TRANSPORTATION.
064 CANCELLED
ACCOUNT
ADJUSTMENTS.
TOTAL--AIRCRAFT 18,378,312 277,100 18,655,412
PROCUREMENT,
NAVY.
WEAPONS
PROCUREMENT,
NAVY
BALLISTIC
MISSILES
MODIFICATION OF
MISSILES
001 TRIDENT II MODS 24 1,060,504 24 1,060,504
SUPPORT
EQUIPMENT &
FACILITIES
002 MISSILE 3,447 3,447
INDUSTRIAL
FACILITIES.
OTHER MISSILES
STRATEGIC
MISSILES
003 TOMAHAWK....... 196 283,055 196 283,055
TACTICAL
MISSILES
004 AMRAAM......... 79 145,506 79 145,506
005 SIDEWINDER..... 161 56,845 161 56,845
006 JSOW........... 430 145,336 430 145,336
007 SLAM-ER........
008 STANDARD 62 249,233 62 249,233
MISSILE.
009 RAM............ 90 74,784 90 74,784
010 HELLFIRE....... 818 59,411 818 59,411
011 AERIAL TARGETS. 47,003 47,003
012 OTHER MISSILE 3,928 3,928
SUPPORT.
MODIFICATION OF
MISSILES
013 ESSM........... 50 51,388 50 51,388
014 HARM MODS...... 47,973 47,973
015 STANDARD 81,451 81,451
MISSILES MODS.
SUPPORT
EQUIPMENT &
FACILITIES
016 WEAPONS 3,211 30,000 33,211
INDUSTRIAL
FACILITIES.
Accelerate [30,000]
facility
restoration
program.
017 FLEET SATELLITE 1 487,280 1 487,280
COMM FOLLOW-ON.
018 ADVANCE 28,847 32,000 60,847
PROCUREMENT
(CY).
MUOS UHF [32,000]
augmentatio
n--transfer
from PE
33109N (RDN
192).
ORDNANCE
SUPPORT
EQUIPMENT
019 ORDNANCE 48,883 48,883
SUPPORT
EQUIPMENT.
TORPEDOES AND
RELATED
EQUIPMENT
TORPEDOES AND
RELATED EQUIP.
020 SSTD...........
021 ASW TARGETS.... 9,288 9,288
MOD OF
TORPEDOES AND
RELATED EQUIP
022 MK-46 TORPEDO 94,159 94,159
MODS.
023 MK-48 TORPEDO 61,608 61,608
ADCAP MODS.
024 QUICKSTRIKE 4,680 4,680
MINE.
SUPPORT
EQUIPMENT
025 TORPEDO SUPPORT 39,869 39,869
EQUIPMENT.
026 ASW RANGE 10,044 10,044
SUPPORT.
DESTINATION
TRANSPORTATION
027 FIRST 3,434 3,434
DESTINATION
TRANSPORTATION.
OTHER WEAPONS
GUNS AND GUN
MOUNTS
028 SMALL ARMS AND 12,742 12,742
WEAPONS.
MODIFICATION OF
GUNS AND GUN
MOUNTS
029 CIWS MODS...... 158,896 158,896
030 COAST GUARD 21,157 21,157
WEAPONS.
031 GUN MOUNT MODS. 30,761 30,761
032 LCS MODULE
WEAPONS.
033 CRUISER 51,227 51,227
MODERNIZATION
WEAPONS.
034 AIRBORNE MINE 12,309 12,309
NEUTRALIZATION
SYSTEMS.
OTHER
035 MARINE CORPS
TACTICAL
UNMANNED
AERIAL SYSTEM.
036 CANCELLED
ACCOUNT
ADJUSTMENTS.
SPARES AND
REPAIR PARTS
037 SPARES AND 65,196 65,196
REPAIR PARTS.
TOTAL--WEAPONS 3,453,455 62,000 3,515,455
PROCUREMENT,
NAVY.
PROCUREMENT OF
AMMUNITION,
NAVY & MARINE
CORPS
PROC AMMO, NAVY
NAVY AMMUNITION
001 GENERAL PURPOSE 75,227 75,227
BOMBS.
002 JDAM........... 1,968 1,968
003 AIRBORNE 38,643 38,643
ROCKETS, ALL
TYPES.
004 MACHINE GUN 19,622 19,622
AMMUNITION.
005 PRACTICE BOMBS. 33,803 33,803
006 CARTRIDGES & 50,600 50,600
CART ACTUATED
DEVICES.
007 AIR EXPENDABLE 79,102 79,102
COUNTERMEASURE
S.
008 JATOS.......... 3,230 3,230
009 5 INCH/54 GUN 27,483 27,483
AMMUNITION.
010 INTERMEDIATE 25,974 25,974
CALIBER GUN
AMMUNITION.
011 OTHER SHIP GUN 35,934 35,934
AMMUNITION.
012 SMALL ARMS & 43,490 43,490
LANDING PARTY
AMMO.
013 PYROTECHNIC AND 10,623 10,623
DEMOLITION.
014 AMMUNITION LESS 3,214 3,214
THAN $5
MILLION.
PROC AMMO, MC
MARINE CORPS
AMMUNITION
015 SMALL ARMS 87,781 87,781
AMMUNITION.
016 LINEAR CHARGES, 23,582 23,582
ALL TYPES.
017 40 MM, ALL 57,291 57,291
TYPES.
018 60MM, ALL TYPES 22,037 22,037
019 81MM, ALL TYPES 54,869 54,869
020 120MM, ALL 29,579 29,579
TYPES.
021 CTG 25MM, ALL 2,259 2,259
TYPES.
022 GRENADES, ALL 10,694 10,694
TYPES.
023 ROCKETS, ALL 13,948 13,948
TYPES.
024 ARTILLERY, ALL 57,948 57,948
TYPES.
025 EXPEDITIONARY
FIGHTING
VEHICLE.
026 DEMOLITION 14,886 14,886
MUNITIONS, ALL
TYPES.
027 FUZE, ALL TYPES 575 575
028 NON LETHALS.... 3,034 3,034
029 AMMO 8,886 8,886
MODERNIZATION.
030 ITEMS LESS THAN 4,393 4,393
$5 MILLION.
TOTAL--PROCUREM 840,675 840,675
ENT OF
AMMUNITION,
NAVY & MARINE
CORPS.
SHIPBUILDING
AND
CONVERSION,
NAVY
OTHER WARSHIPS
001 CARRIER 739,269 739,269
REPLACEMENT
PROGRAM.
002 ADVANCE 484,432 484,432
PROCUREMENT
(CY).
003 VIRGINIA CLASS 1 1,964,317 1 1,964,317
SUBMARINE.
004 ADVANCE 1,959,725 1,959,725
PROCUREMENT
(CY).
005 CVN REFUELING 1,563,602 1,563,602
OVERHAULS.
006 ADVANCE 211,820 211,820
PROCUREMENT
(CY).
007 SSBN ERO.......
008 ADVANCE
PROCUREMENT
(CY).
009 DDG 1000....... 1,084,161 1,084,161
010 ADVANCE
PROCUREMENT
(CY).
011 DDG-51......... 1 1,912,267 1 1,912,267
012 ADVANCE 328,996 328,996
PROCUREMENT
(CY).
013 LITTORAL COMBAT 3 1,380,000 3 1,380,000
SHIP.
AMPHIBIOUS
SHIPS
014 LPD-17......... 872,392 872,392
015 ADVANCE 184,555 184,555
PROCUREMENT
(CY).
016 LHA REPLACEMENT
017 ADVANCE
PROCUREMENT
(CY).
018 INTRATHEATER 1 177,956 1 177,956
CONNECTOR.
AUXILIARIES,
CRAFT AND
PRIOR YR
PROGRAM COST
019 OUTFITTING..... 391,238 391,238
020 SERVICE CRAFT.. 3,694 3,694
021 LCAC SLEP...... 3 63,857 3 63,857
022 COMPLETION OF 454,586 454,586
PY
SHIPBUILDING
PROGRAMS.
TOTAL--SHIPBUIL 13,776,867 13,776,867
DING AND
CONVERSION,
NAVY.
OTHER
PROCUREMENT,
NAVY
SHIPS SUPPORT
EQUIPMENT
SHIP PROPULSION
EQUIPMENT
001 LM-2500 GAS 8,014 8,014
TURBINE.
002 ALLISON 501K 9,162 9,162
GAS TURBINE.
003 OTHER
PROPULSION
EQUIPMENT.
NAVIGATION
EQUIPMENT
004 OTHER 34,743 34,743
NAVIGATION
EQUIPMENT.
PERISCOPES
005 SUB PERISCOPES 75,127 75,127
& IMAGING
EQUIP.
OTHER SHIPBOARD
EQUIPMENT
006 DDG MOD........ 142,262 142,262
007 FIREFIGHTING 11,423 4,000 15,423
EQUIPMENT.
Smart [4,000]
valves for
fire
suppression.
008 COMMAND AND 4,383 4,383
CONTROL
SWITCHBOARD.
009 POLLUTION 24,992 24,992
CONTROL
EQUIPMENT.
010 SUBMARINE 16,867 16,867
SUPPORT
EQUIPMENT.
011 VIRGINIA CLASS 103,153 103,153
SUPPORT
EQUIPMENT.
012 SUBMARINE 51,482 51,482
BATTERIES.
013 STRATEGIC 15,672 15,672
PLATFORM
SUPPORT EQUIP.
014 DSSP EQUIPMENT. 10,641 10,641
015 CG 315,323 315,323
MODERNIZATION.
016 LCAC........... 6,642 6,642
017 MINESWEEPING
EQUIPMENT.
018 UNDERWATER EOD 19,232 19,232
PROGRAMS.
019 ITEMS LESS THAN 127,554 127,554
$5 MILLION.
020 CHEMICAL 8,899 8,899
WARFARE
DETECTORS.
021 SUBMARINE LIFE 14,721 14,721
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
022 REACTOR POWER
UNITS.
023 REACTOR 262,354 262,354
COMPONENTS.
OCEAN
ENGINEERING
024 DIVING AND 5,304 5,304
SALVAGE
EQUIPMENT.
SMALL BOATS
025 STANDARD BOATS. 35,318 35,318
TRAINING
EQUIPMENT
026 OTHER SHIPS 15,113 15,113
TRAINING
EQUIPMENT.
PRODUCTION
FACILITIES
EQUIPMENT
027 OPERATING 47,172 47,172
FORCES IPE.
OTHER SHIP
SUPPORT
028 NUCLEAR 136,683 136,683
ALTERATIONS.
029 LCS MODULES.... 137,259 137,259
LOGISTIC
SUPPORT
030 LSD MIDLIFE.... 117,856 117,856
COMMUNICATIONS
AND
ELECTRONICS
EQUIPMENT
SHIP RADARS
031 RADAR SUPPORT.. 9,968 9,968
032 SPQ-9B RADAR... 13,476 13,476
033 AN/SQQ-89 SURF 111,093 111,093
ASW COMBAT
SYSTEM.
034 SSN ACOUSTICS.. 299,962 4,000 303,962
TB-33 [4,000]
thinline
towed array.
035 UNDERSEA 38,705 38,705
WARFARE
SUPPORT
EQUIPMENT.
036 SONAR SWITCHES 13,537 13,537
AND
TRANSDUCERS.
ASW ELECTRONIC
EQUIPMENT
037 SUBMARINE 20,681 20,681
ACOUSTIC
WARFARE SYSTEM.
038 SSTD........... 2,184 2,184
039 FIXED 63,017 63,017
SURVEILLANCE
SYSTEM.
040 SURTASS........ 24,108 24,108
041 TACTICAL 22,464 22,464
SUPPORT CENTER.
ELECTRONIC
WARFARE
EQUIPMENT
042 AN/SLQ-32...... 34,264 34,264
RECONNAISSANCE
EQUIPMENT
043 SHIPBOARD IW 105,883 105,883
EXPLOIT.
SUBMARINE
SURVEILLANCE
EQUIPMENT
044 SUBMARINE 98,645 98,645
SUPPORT
EQUIPMENT PROG.
OTHER SHIP
ELECTRONIC
EQUIPMENT
045 NAVY TACTICAL
DATA SYSTEM.
046 COOPERATIVE 30,522 30,522
ENGAGEMENT
CAPABILITY.
047 GCCS-M 13,594 13,594
EQUIPMENT.
048 NAVAL TACTICAL 35,933 35,933
COMMAND
SUPPORT SYSTEM
(NTCSS).
049 ATDLS.......... 7,314 7,314
050 MINESWEEPING 79,091 79,091
SYSTEM
REPLACEMENT.
051 SHALLOW WATER 7,835 7,835
MCM.
052 NAVSTAR GPS 10,845 10,845
RECEIVERS
(SPACE).
053 ARMED FORCES 3,333 3,333
RADIO AND TV.
054 STRATEGIC 4,149 4,149
PLATFORM
SUPPORT EQUIP.
TRAINING
EQUIPMENT
055 OTHER TRAINING 36,784 36,784
EQUIPMENT.
AVIATION
ELECTRONIC
EQUIPMENT
056 MATCALS........ 17,468 17,468
057 SHIPBOARD AIR 7,970 7,970
TRAFFIC
CONTROL.
058 AUTOMATIC 18,878 18,878
CARRIER
LANDING SYSTEM.
059 NATIONAL AIR 28,988 28,988
SPACE SYSTEM.
060 AIR STATION 8,203 8,203
SUPPORT
EQUIPMENT.
061 MICROWAVE 10,526 10,526
LANDING SYSTEM.
062 ID SYSTEMS..... 38,682 38,682
063 TAC A/C MISSION 9,102 9,102
PLANNING SYS
(TAMPS).
OTHER SHORE
ELECTRONIC
EQUIPMENT
064 DEPLOYABLE 8,719 8,719
JOINT COMMAND
AND CONT.
065 TADIX-B........ 793 793
066 GCCS-M 11,820 11,820
EQUIPMENT
TACTICAL/
MOBILE.
067 COMMON IMAGERY 27,632 27,632
GROUND SURFACE
SYSTEMS.
068 CANES.......... 1,181 1,181
069 RADIAC......... 5,990 5,990
070 GPETE.......... 3,737 3,737
071 INTEG COMBAT 4,423 4,423
SYSTEM TEST
FACILITY.
072 EMI CONTROL 4,778 4,778
INSTRUMENTATIO
N.
073 ITEMS LESS THAN 65,760 65,760
$5 MILLION.
SHIPBOARD
COMMUNICATIONS
074 SHIPBOARD
TACTICAL
COMMUNICATIONS.
075 PORTABLE RADIOS
076 SHIP 310,605 310,605
COMMUNICATIONS
AUTOMATION.
077 AN/URC-82 RADIO 4,913 4,913
078 COMMUNICATIONS 25,314 25,314
ITEMS UNDER
$5M.
SUBMARINE
COMMUNICATIONS
079 SUBMARINE 105 105
BROADCAST
SUPPORT.
080 SUBMARINE 48,729 48,729
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
081 SATELLITE 50,172 50,172
COMMUNICATIONS
SYSTEMS.
082 NAVY MULTIBAND 72,496 72,496
TERMINAL (NMT).
SHORE
COMMUNICATIONS
083 JCS 2,322 2,322
COMMUNICATIONS
EQUIPMENT.
084 ELECTRICAL 1,293 1,293
POWER SYSTEMS.
085 NAVAL SHORE 2,542 2,542
COMMUNICATIONS.
CRYPTOGRAPHIC
EQUIPMENT
086 INFO SYSTEMS 119,054 119,054
SECURITY
PROGRAM (ISSP).
087 CRYPTOLOGIC 16,839 16,839
COMMUNICATIONS
EQUIP.
OTHER
ELECTRONIC
SUPPORT
088 COAST GUARD 18,892 18,892
EQUIPMENT.
DRUG
INTERDICTION
SUPPORT
089 OTHER DRUG
INTERDICTION
SUPPORT.
AVIATION
SUPPORT
EQUIPMENT
SONOBUOYS
090 SONOBUOYS--ALL 91,976 91,976
TYPES.
AIRCRAFT
SUPPORT
EQUIPMENT
091 WEAPONS RANGE 75,329 75,329
SUPPORT
EQUIPMENT.
092 EXPEDITIONARY 8,343 8,343
AIRFIELDS.
093 AIRCRAFT 12,850 12,850
REARMING
EQUIPMENT.
094 AIRCRAFT LAUNCH 48,670 48,670
& RECOVERY
EQUIPMENT.
095 METEOROLOGICAL 21,458 21,458
EQUIPMENT.
096 OTHER 1,582 1,582
PHOTOGRAPHIC
EQUIPMENT.
097 AVIATION LIFE 27,367 27,367
SUPPORT.
098 AIRBORNE MINE 55,408 55,408
COUNTERMEASURE
S.
099 LAMPS MK III 23,694 23,694
SHIPBOARD
EQUIPMENT.
100 PORTABLE 9,710 9,710
ELECTRONIC
MAINTENANCE
AIDS.
101 OTHER AVIATION 16,541 16,541
SUPPORT
EQUIPMENT.
ORDNANCE
SUPPORT
EQUIPMENT
SHIP GUN SYSTEM
EQUIPMENT
102 NAVAL FIRES 1,391 1,391
CONTROL SYSTEM.
103 GUN FIRE 7,891 7,891
CONTROL
EQUIPMENT.
SHIP MISSILE
SYSTEMS
EQUIPMENT
104 NATO SEASPARROW 13,556 13,556
105 RAM GMLS....... 7,762 7,762
106 SHIP SELF 34,079 34,079
DEFENSE SYSTEM.
107 AEGIS SUPPORT 108,886 108,886
EQUIPMENT.
108 TOMAHAWK 88,475 88,475
SUPPORT
EQUIPMENT.
109 VERTICAL LAUNCH 5,513 5,513
SYSTEMS.
FBM SUPPORT
EQUIPMENT
110 STRATEGIC 155,579 155,579
MISSILE
SYSTEMS EQUIP.
ASW SUPPORT
EQUIPMENT
111 SSN COMBAT 118,528 118,528
CONTROL
SYSTEMS.
112 SUBMARINE ASW 5,200 5,200
SUPPORT
EQUIPMENT.
113 SURFACE ASW 13,646 13,646
SUPPORT
EQUIPMENT.
114 ASW RANGE 7,256 7,256
SUPPORT
EQUIPMENT.
OTHER ORDNANCE
SUPPORT
EQUIPMENT
115 EXPLOSIVE 54,069 54,069
ORDNANCE
DISPOSAL EQUIP.
116 ITEMS LESS THAN 3,478 3,478
$5 MILLION.
OTHER
EXPENDABLE
ORDNANCE
117 ANTI-SHIP 37,128 37,128
MISSILE DECOY
SYSTEM.
118 SURFACE 7,430 7,430
TRAINING
DEVICE MODS.
119 SUBMARINE 25,271 25,271
TRAINING
DEVICE MODS.
CIVIL
ENGINEERING
SUPPORT
EQUIPMENT
120 PASSENGER 4,139 4,139
CARRYING
VEHICLES.
121 GENERAL PURPOSE 1,731 1,731
TRUCKS.
122 CONSTRUCTION & 12,931 12,931
MAINTENANCE
EQUIP.
123 FIRE FIGHTING 12,976 12,976
EQUIPMENT.
124 TACTICAL 25,352 25,352
VEHICLES.
125 AMPHIBIOUS 2,950 2,950
EQUIPMENT.
126 POLLUTION 5,097 5,097
CONTROL
EQUIPMENT.
127 ITEMS UNDER $5 23,787 23,787
MILLION.
128 PHYSICAL 1,115 1,115
SECURITY
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
129 MATERIALS 17,153 17,153
HANDLING
EQUIPMENT.
130 OTHER SUPPLY 6,368 6,368
SUPPORT
EQUIPMENT.
131 FIRST 6,217 6,217
DESTINATION
TRANSPORTATION.
132 SPECIAL PURPOSE 71,597 71,597
SUPPLY SYSTEMS.
PERSONNEL AND
COMMAND
SUPPORT
EQUIPMENT
TRAINING
DEVICES
133 TRAINING 12,944 12,944
SUPPORT
EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
134 COMMAND SUPPORT 55,267 1,000 56,267
EQUIPMENT.
National [-3,000]
small unit
center of
excellence.
Man [4,000]
overboard
indicators.
135 EDUCATION 2,084 2,084
SUPPORT
EQUIPMENT.
136 MEDICAL SUPPORT 5,517 5,517
EQUIPMENT.
137 NAVAL MIP 1,537 1,537
SUPPORT
EQUIPMENT.
139 OPERATING 12,250 12,250
FORCES SUPPORT
EQUIPMENT.
140 C4ISR EQUIPMENT 5,324 5,324
141 ENVIRONMENTAL 18,183 18,183
SUPPORT
EQUIPMENT.
142 PHYSICAL 128,921 128,921
SECURITY
EQUIPMENT.
143 ENTERPRISE 79,747 79,747
INFORMATION
TECHNOLOGY.
OTHER
144 CANCELLED
ACCOUNT
ADJUSTMENTS.
CLASSIFIED
PROGRAMS
999 CLASSIFIED 19,463 19,463
PROGRAMS.
SPARES AND
REPAIR PARTS
145 SPARES AND 247,796 247,796
REPAIR PARTS.
145a Procurement of -75,000 -75,000
computer
services/
systems.
Eliminate [-75,000]
redundant
activities.
TOTAL--OTHER 5,661,176 -66,000 5,595,176
PROCUREMENT,
NAVY.
PROCUREMENT,
MARINE CORPS
WEAPONS AND
COMBAT
VEHICLES
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP..... 9,127 9,127
002 LAV PIP........ 34,969 34,969
003 IMPROVED
RECOVERY
VEHICLE (IRV).
004 M1A1 FIREPOWER
ENHANCEMENTS.
ARTILLERY AND
OTHER WEAPONS
005 EXPEDITIONARY 20 19,591 20 19,591
FIRE SUPPORT
SYSTEM.
006 155MM 7,420 7,420
LIGHTWEIGHT
TOWED HOWITZER.
007 HIGH MOBILITY 71,476 71,476
ARTILLERY
ROCKET SYSTEM.
008 WEAPONS AND 25,949 25,949
COMBAT
VEHICLES UNDER
$5 MILLION.
WEAPONS
009 MODULAR WEAPON
SYSTEM.
OTHER SUPPORT
010 MODIFICATION 33,990 33,990
KITS.
011 WEAPONS 22,238 22,238
ENHANCEMENT
PROGRAM.
GUIDED MISSILES
AND EQUIPMENT
GUIDED MISSILES
012 GROUND BASED 11,387 11,387
AIR DEFENSE.
013 JAVELIN........
014 FOLLOW ON TO 25,333 25,333
SMAW.
015 ANTI-ARMOR 71,225 71,225
WEAPONS SYSTEM-
HEAVY (AAWS-H).
OTHER SUPPORT
016 MODIFICATION 2,114 2,114
KITS.
COMMUNICATIONS
& ELECTRONICS
EQUIPMENT
COMMAND AND
CONTROL
SYSTEMS
017 UNIT OPERATIONS 19,832 19,832
CENTER.
REPAIR AND TEST
EQUIPMENT
018 REPAIR AND TEST 31,087 31,087
EQUIPMENT.
OTHER SUPPORT
(TEL)
019 COMBAT SUPPORT 11,368 11,368
SYSTEM.
020 MODIFICATION
KITS.
COMMAND AND
CONTROL SYSTEM
(NON-TEL)
021 ITEMS UNDER $5 3,531 3,531
MILLION (COMM
& ELEC).
022 AIR OPERATIONS 45,084 45,084
C2 SYSTEMS.
RADAR +
EQUIPMENT (NON-
TEL)
023 RADAR SYSTEMS.. 7,428 7,428
INTELL/COMM
EQUIPMENT (NON-
TEL)
024 FIRE SUPPORT 2,580 2,580
SYSTEM.
025 INTELLIGENCE 37,581 37,581
SUPPORT
EQUIPMENT.
026 RQ-11 UAV...... 517 42,403 517 42,403
OTHER COMM/ELEC
EQUIPMENT (NON-
TEL)
027 NIGHT VISION 10,360 10,360
EQUIPMENT.
OTHER SUPPORT
(NON-TEL)
028 COMMON COMPUTER 115,263 115,263
RESOURCES.
029 COMMAND POST 49,820 49,820
SYSTEMS.
030 RADIO SYSTEMS.. 61,954 61,954
031 COMM SWITCHING 98,254 98,254
& CONTROL
SYSTEMS.
032 COMM & ELEC 15,531 15,531
INFRASTRUCTURE
SUPPORT.
SUPPORT
VEHICLES
ADMINISTRATIVE
VEHICLES
033 COMMERCIAL 1,265 1,265
PASSENGER
VEHICLES.
034 COMMERCIAL 13,610 13,610
CARGO VEHICLES.
035 TACTICAL 54 9,796 54 9,796
VEHICLES.
036 MOTOR TRANSPORT 6,111 6,111
MODIFICATIONS.
037 MEDIUM TACTICAL 10,792 10,792
VEHICLE
REPLACEMENT.
038 LOGISTICS 495 217,390 495 217,390
VEHICLE SYSTEM
REP.
039 FAMILY OF 26,497 26,497
TACTICAL
TRAILERS.
040 TRAILERS....... 18,122 18,122
OTHER SUPPORT
041 ITEMS LESS THAN 5,948 5,948
$5 MILLION.
ENGINEER AND
OTHER
EQUIPMENT
042 ENVIRONMENTAL 5,121 5,121
CONTROL EQUIP
ASSORT.
043 BULK LIQUID 13,035 13,035
EQUIPMENT.
044 TACTICAL FUEL 35,059 35,059
SYSTEMS.
045 POWER EQUIPMENT 21,033 21,033
ASSORTED.
046 AMPHIBIOUS 39,876 39,876
SUPPORT
EQUIPMENT.
047 EOD SYSTEMS.... 93,335 93,335
MATERIALS
HANDLING
EQUIPMENT
048 PHYSICAL 12,169 12,169
SECURITY
EQUIPMENT.
049 GARRISON MOBILE 11,825 11,825
ENGINEER
EQUIPMENT
(GMEE).
050 MATERIAL 41,430 41,430
HANDLING EQUIP.
051 FIRST 5,301 5,301
DESTINATION
TRANSPORTATION.
GENERAL
PROPERTY
052 FIELD MEDICAL 6,811 6,811
EQUIPMENT.
053 TRAINING 14,854 14,854
DEVICES.
054 CONTAINER 3,770 3,770
FAMILY.
055 FAMILY OF 37,735 37,735
CONSTRUCTION
EQUIPMENT.
056 FAMILY OF 52 10,360 52 10,360
INTERNALLY
TRANSPORTABLE
VEH (ITV).
057 BRIDGE BOATS...
058 RAPID 2,159 2,159
DEPLOYABLE
KITCHEN.
OTHER SUPPORT
059 ITEMS LESS THAN 8,792 8,792
$5 MILLION.
SPARES AND
REPAIR PARTS
060 SPARES AND 41,547 41,547
REPAIR PARTS.
TOTAL--PROCUREM 1,600,638 1,600,638
ENT, MARINE
CORPS.
AIRCRAFT
PROCUREMENT,
AIR FORCE
COMBAT AIRCRAFT
TACTICAL FORCES
001 F-35........... 10 2,048,830 10 2,048,830
002 ADVANCE 300,600 300,600
PROCUREMENT
(CY).
003 F-22A.......... 95,163 7 1,717,735 7 1,812,898
Use FY 09 [-32,265]
funds to
offset FY
10
requirement
s.
Purchase [1,750,000]
additional
aircraft.
Unneeded [-64,000]
production
shutdown
costs.
Other [64,000]
program
requirement
s.
004 ADVANCE
PROCUREMENT
(CY).
AIRLIFT
AIRCRAFT
TACTICAL
AIRLIFT
005 C-17A (MYP).... 88,510 88,510
OTHER AIRLIFT
006 C-130J......... 3 285,632 3 285,632
007 ADVANCE 108,000 108,000
PROCUREMENT
(CY).
008 HC/MC-130 RECAP 9 879,231 9 879,231
009 ADVANCE 137,360 137,360
PROCUREMENT
(CY).
010 JOINT CARGO 8 319,050 8 319,050
AIRCRAFT.
TRAINER
AIRCRAFT
UPT TRAINERS
011 USAFA POWERED 13 4,144 13 4,144
FLIGHT PROGRAM.
OPERATIONAL
TRAINERS
012 JPATS.......... 15,711 15,711
OTHER AIRCRAFT
HELICOPTERS
013 V22 OSPREY..... 5 437,272 5 437,272
014 ADVANCE 13,835 13,835
PROCUREMENT
(CY).
MISSION SUPPORT
AIRCRAFT
015 C-29A FLIGHT
INSPECTION
ACFT.
016 C-12 A.........
017 C-40........... 3 154,044 3 154,044
018 CIVIL AIR 2,426 2,426
PATROL A/C.
OTHER AIRCRAFT
020 TARGET DRONES.. 78,511 78,511
021 C-37A.......... 1 66,400 1 66,400
022 GLOBAL HAWK.... 5 554,775 -50,000 5 504,775
Reduction [-50,000]
due to
program
delays.
023 ADVANCE 113,049 113,049
PROCUREMENT
(CY).
024 MQ-1...........
025 MQ-9........... 24 489,469 -19,900 24 469,569
Gorgon [-19,900]
Stare.
CLASSIFIED
PROGRAMS
999 CLASSIFIED 3,608 3,608
PROGRAMS.
MODIFICATION OF
IN-SERVICE
AIRCRAFT
STRATEGIC
AIRCRAFT
026 B-2A........... 283,955 283,955
027 ADVANCE
PROCUREMENT
(CY).
028 B-1B........... 107,558 107,558
029 B-52........... 78,788 78,788
TACTICAL
AIRCRAFT
030 A-10........... 252,488 252,488
031 F-15........... 92,921 92,921
032 F-16........... 224,642 224,642
033 F-22A.......... 350,735 -350,735
Use FY 09 [-350,735]
funds to
offset FY
10
requirement
s.
AIRLIFT
AIRCRAFT
034 C-5............ 606,993 606,993
035 ADVANCE 108,300 108,300
PROCUREMENT
(CY).
036 C-9C........... 10 10
037 C-17A.......... 469,731 469,731
038 C-21........... 562 562
039 C-32A.......... 10,644 10,644
040 C-37A.......... 4,336 4,336
TRAINER
AIRCRAFT
041 GLIDER MODS.... 119 119
042 T-6............ 33,074 33,074
043 T-1............ 35 35
044 T-38........... 75,274 75,274
045 T-43...........
OTHER AIRCRAFT
046 KC-10A (ATCA).. 9,441 9,441
047 C-12........... 472 472
048 MC-12W......... 63,000 63,000
049 C-20 MODS...... 734 734
050 VC-25A MOD..... 15,610 15,610
051 C-40........... 9,162 9,162
052 C-130.......... 354,421 -209,500 144,921
Use FY 08 & [-209,500]
FY 09
resources
to fund AMP
production.
053 C130J MODS..... 13,627 13,627
054 C-135.......... 150,425 150,425
055 COMPASS CALL 29,187 29,187
MODS.
056 DARP........... 107,859 107,859
057 E-3............ 79,263 79,263
058 E-4............ 73,058 73,058
059 E-8............ 225,973 225,973
060 H-1............ 18,280 18,280
061 H-60........... 14,201 14,201
062 GLOBAL HAWK 134,864 134,864
MODS.
063 HC/MC-130 1,964 1,964
MODIFICATIONS.
064 OTHER AIRCRAFT. 103,274 24,000 127,274
Litening [24,000]
ATP upgrade
kits.
065 MQ-1 MODS...... 123,889 123,889
066 MQ-9 MODS...... 48,837 48,837
067 CV-22 MODS..... 24,429 24,429
AIRCRAFT SPARES
+ REPAIR PARTS
068 INITIAL SPARES/ 418,604 418,604
REPAIR PARTS.
AIRCRAFT
SUPPORT
EQUIPMENT AND
FACILITIES
COMMON SUPPORT
EQUIP
069 AIRCRAFT 105,820 105,820
REPLACEMENT
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
070 B-1............ 3,929 3,929
071 B-2A...........
072 B-2A........... 24,481 24,481
073 C-5............ 2,259 2,259
074 C-5............ 11,787 11,787
075 KC-10A (ATCA).. 4,125 4,125
076 C-17A.......... 91,400 91,400
077 C-130.......... 28,092 28,092
078 EC-130J........ 5,283 5,283
079 F-15........... 15,744 15,744
080 F-16........... 19,951 19,951
081 OTHER AIRCRAFT. 51,980 51,980
082 T-1............
INDUSTRIAL
PREPAREDNESS
083 INDUSTRIAL 25,529 25,529
RESPONSIVENESS.
WAR CONSUMABLES
084 WAR CONSUMABLES 134,427 134,427
OTHER
PRODUCTION
CHARGES
085 OTHER 490,344 490,344
PRODUCTION
CHARGES.
OTHER
PRODUCTION
CHARGES--SOF
087 CANCELLED ACCT
ADJUSTMENTS.
DARP
088 DARP........... 15,323 15,323
CLASSIFIED
PROGRAMS
999 CLASSIFIED 19,443 19,443
PROGRAMS.
TOTAL--AIRCRAFT 11,966,276 1,111,600 13,077,876
PROCUREMENT,
AIR FORCE.
PROCUREMENT OF
AMMUNITION,
AIR FORCE
PROCUREMENT OF
AMMO, AIR
FORCE
ROCKETS
001 ROCKETS........ 43,461 43,461
CARTRIDGES
002 CARTRIDGES..... 123,886 123,886
BOMBS
003 PRACTICE BOMBS. 52,459 52,459
004 GENERAL PURPOSE 225,145 225,145
BOMBS.
005 JOINT DIRECT 3592 103,041 3592 103,041
ATTACK
MUNITION.
FLARE, IR MJU-
7B
006 CAD/PAD........ 40,522 40,522
007 EXPLOSIVE 3,302 3,302
ORDINANCE
DISPOSAL (EOD).
008 SPARES AND 4,582 4,582
REPAIR PARTS.
009 MODIFICATIONS.. 1,289 1,289
010 ITEMS LESS THAN 5,061 5,061
$5,000,000.
FUZES
011 FLARES......... 152,515 152,515
012 FUZES.......... 61,037 61,037
WEAPONS
SMALL ARMS
013 SMALL ARMS..... 6,162 6,162
TOTAL--PROCUREM 822,462 822,462
ENT OF
AMMUNITION,
AIR FORCE.
MISSILE
PROCUREMENT,
AIR FORCE
BALLISTIC
MISSILES
MISSILE
REPLACEMENT
EQUIPMENT-BALL
ISTIC
001 MISSILE 58,139 58,139
REPLACEMENT EQ-
BALLISTIC.
OTHER MISSILES
TACTICAL
002 JASSM.......... 52,666 52,666
003 SIDEWINDER (AIM- 219 78,753 219 78,753
9X).
004 AMRAAM......... 196 291,827 196 291,827
005 PREDITOR 792 79,699 792 79,699
HELLFIRE
MISSILE.
006 SMALL DIAMETER 2340 134,801 2340 134,801
BOMB.
INDUSTRIAL
FACILITIES
007 INDUSTR'L 841 841
PREPAREDNS/POL
PREVENTION.
MODIFICATION OF
IN-SERVICE
MISSILES
CLASS IV
008 ADVANCED CRUISE 32 32
MISSILE.
009 MM III 199,484 199,484
MODIFICATIONS.
010 AGM-65D 258 258
MAVERICK.
011 AGM-88A HARM... 30,280 30,280
012 AIR LAUNCH
CRUISE MISSILE
(ALCM).
SPARES AND
REPAIR PARTS
MISSILE SPARES
+ REPAIR PARTS
013 INITIAL SPARES/ 70,185 70,185
REPAIR PARTS.
OTHER SUPPORT
SPACE PROGRAMS
014 ADVANCED EHF... 1 1,843,475 1 1,843,475
015 ADVANCE
PROCUREMENT
(CY).
016 WIDEBAND 201,671 201,671
GAPFILLER
SATELLITES
(SPACE).
017 ADVANCE 62,380 62,380
PROCUREMENT
(CY).
018 SPACEBORNE 9,871 9,871
EQUIP (COMSEC).
019 GLOBAL 53,140 53,140
POSITIONING
(SPACE).
020 ADVANCE
PROCUREMENT
(CY).
021 NUDET DETECTION
SYSTEM.
022 DEF 97,764 97,764
METEOROLOGICAL
SAT PROG
(SPACE).
023 TITAN SPACE
BOOSTERS
(SPACE).
024 EVOLVED 5 1,295,325 -193,000 5 1,102,325
EXPENDABLE
LAUNCH VEH
(SPACE).
EELV [-88,000]
reduction
for GPS IF8.
EELV [-105,000]
reduction
for AFSPC4.
025 MEDIUM LAUNCH
VEHICLE
(SPACE).
026 SBIR HIGH 1 307,456 1 307,456
(SPACE).
027 ADVANCE 159,000 159,000
PROCUREMENT
(CY).
028 NATL POLAR- 3,900 3,900
ORBITING OP
ENV SATELLITE.
SPECIAL
PROGRAMS
029 DEFENSE SPACE 105,152 105,152
RECONN PROGRAM.
031 SPECIAL UPDATE 311,070 311,070
PROGRAMS.
CLASSIFIED
PROGRAMS
999 CLASSIFIED 853,559 853,559
PROGRAMS.
TOTAL--MISSILE 6,300,728 -193,000 6,107,728
PROCUREMENT,
AIR FORCE.
OTHER
PROCUREMENT,
AIR FORCE
VEHICULAR
EQUIPMENT
CARGO + UTILITY
VEHICLES
002 MEDIUM TACTICAL 25,922 25,922
VEHICLE.
003 CAP VEHICLES... 897 897
SPECIAL PURPOSE
VEHICLES
004 SECURITY AND 44,603 44,603
TACTICAL
VEHICLES.
FIRE FIGHTING
EQUIPMENT
005 FIRE FIGHTING/ 27,760 27,760
CRASH RESCUE
VEHICLES.
MATERIALS
HANDLING
EQUIPMENT
006 HALVERSEN 12,000 12,000
LOADER.
Procure [12,000]
additional
loaders.
BASE
MAINTENANCE
SUPPORT
007 RUNWAY SNOW 24,884 24,884
REMOV AND
CLEANING EQU.
008 ITEMS LESS THAN 57,243 57,243
$5,000,000
(VEHICLES).
CLASSIFIED
PROGRAMS
999 CLASSIFIED 18,163 18,163
PROGRAMS.
ELECTRONICS AND
TELECOMMUNICAT
IONS
COMM SECURITY
EQUIPMENT
(COMSEC)
009 COMSEC 209,249 209,249
EQUIPMENT.
010 MODIFICATIONS 1,570 1,570
(COMSEC).
INTELLIGENCE
PROGRAMS
011 INTELLIGENCE 4,230 4,230
TRAINING
EQUIPMENT.
012 INTELLIGENCE 21,965 21,965
COMM EQUIPMENT.
ELECTRONICS
PROGRAMS
013 AIR TRAFFIC 22,591 22,591
CONTROL &
LANDING SYS.
014 NATIONAL 47,670 47,670
AIRSPACE
SYSTEM.
015 THEATER AIR 56,776 56,776
CONTROL SYS
IMPROVEMEN.
016 WEATHER 19,357 19,357
OBSERVATION
FORECAST.
017 STRATEGIC 35,116 35,116
COMMAND AND
CONTROL.
018 CHEYENNE 28,608 28,608
MOUNTAIN
COMPLEX.
019 DRUG 452 452
INTERDICTION
SPT.
SPCL COMM-
ELECTRONICS
PROJECTS
020 GENERAL 111,282 111,282
INFORMATION
TECHNOLOGY.
021 AF GLOBAL 15,499 15,499
COMMAND &
CONTROL SYS.
022 MOBILITY 8,610 8,610
COMMAND AND
CONTROL.
023 AIR FORCE 137,293 137,293
PHYSICAL
SECURITY
SYSTEM.
024 COMBAT TRAINING 40,633 6,200 46,833
RANGES.
Unmanned [3,000]
modular
threat
emitter
(UMTE).
Joint [3,200]
threat
emitter
(JTE).
025 C3 8,177 8,177
COUNTERMEASURE
S.
026 GCSS-AF FOS.... 81,579 81,579
027 THEATER BATTLE 29,687 29,687
MGT C2 SYSTEM.
028 AIR & SPACE 54,093 54,093
OPERATIONS CTR-
WPN SYS.
AIR FORCE
COMMUNICATIONS
029 BASE INFO 433,859 433,859
INFRASTRUCTURE.
030 USCENTCOM...... 38,958 38,958
031 AUTOMATED
TELECOMMUNICAT
IONS PRG.
DISA PROGRAMS
032 SPACE BASED IR 34,440 34,440
SENSOR PGM
SPACE.
033 NAVSTAR GPS 6,415 6,415
SPACE.
034 NUDET DETECTION 15,436 15,436
SYS SPACE.
035 AF SATELLITE 58,865 58,865
CONTROL
NETWORK SPACE.
036 SPACELIFT RANGE 100,275 100,275
SYSTEM SPACE.
037 MILSATCOM SPACE 110,575 9,000 119,575
Application [9,000]
software
assurance.
038 SPACE MODS 30,594 30,594
SPACE.
039 COUNTERSPACE 29,793 29,793
SYSTEM.
ORGANIZATION
AND BASE
040 TACTICAL C-E 240,890 240,890
EQUIPMENT.
041 COMBAT SURVIVOR 35,029 35,029
EVADER LOCATER.
042 RADIO EQUIPMENT 15,536 15,536
043 TV EQUIPMENT
(AFRTV).
044 CCTV/ 12,961 12,961
AUDIOVISUAL
EQUIPMENT.
045 BASE COMM 121,049 121,049
INFRASTRUCTURE.
MODIFICATIONS
046 COMM ELECT MODS 64,087 64,087
OTHER BASE
MAINTENANCE
AND SUPPORT
EQUIP
PERSONAL SAFETY
& RESCUE EQUIP
047 NIGHT VISION 28,226 28,226
GOGGLES.
048 ITEMS LESS THAN 17,223 17,223
$5,000,000
(SAFETY).
DEPOT PLANT +
MTRLS HANDLING
EQ
049 MECHANIZED 15,449 15,449
MATERIAL
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
050 BASE PROCURED 14,300 14,300
EQUIPMENT.
051 CONTINGENCY 22,973 22,973
OPERATIONS.
052 PRODUCTIVITY 3,020 3,020
CAPITAL
INVESTMENT.
053 MOBILITY 32,855 32,855
EQUIPMENT.
054 ITEMS LESS THAN 8,195 8,195
$5,000,000
(BASE S).
SPECIAL SUPPORT
PROJECTS
056 DARP RC135..... 23,132 23,132
057 DISTRIBUTED 293,640 293,640
GROUND SYSTEMS.
059 SPECIAL UPDATE 471,234 471,234
PROGRAM.
060 DEFENSE SPACE 30,041 30,041
RECONNAISSANCE
PROG..
CLASSIFIED
PROGRAMS
999 CLASSIFIED 13,830,722 13,830,722
PROGRAMS.
SPARES AND
REPAIR PARTS
061 SPARES AND 19,460 19,460
REPAIR PARTS.
061a Procurement of -75,000 -75,000
computer
services/
systems.
Eliminate [-75,000]
redundant
activities.
TOTAL--OTHER 17,293,141 -47,800 17,245,341
PROCUREMENT,
AIR FORCE.
MINE RESISTANT
AMBUSH PROT
VEH FUND
MINE RESISTANT
AMBUSH PROT
VEH FUND
MINE RESISTANT 1,200,000 1,200,000
AMBUSH PROT
VEH FUND.
Additional [1,200,000]
MRAP
vehicles to
meet new
requirement.
TOTAL--MINE 1,200,000 1,200,000
RESISTANT
AMBUSH PROT
VEH FUND.
PROCUREMENT,
DEFENSE-WIDE
MAJOR EQUIPMENT
MAJOR
EQUIPMENT,
AFIS
001 MAJOR
EQUIPMENT,
AFIS.
MAJOR
EQUIPMENT, BTA
002 MAJOR 8,858 8,858
EQUIPMENT, BTA.
MAJOR
EQUIPMENT,
DCAA
003 ITEMS LESS THAN 1,489 1,489
$5 MILLION.
MAJOR
EQUIPMENT,
DCMA
004 MAJOR EQUIPMENT 2,012 2,012
MAJOR
EQUIPMENT,
DHRA
005 PERSONNEL 10,431 10,431
ADMINISTRATION.
MAJOR
EQUIPMENT,
DISA
017 INTERDICTION
SUPPORT.
018 INFORMATION 13,449 13,449
SYSTEMS
SECURITY.
019 GLOBAL COMMAND 7,053 7,053
AND CONTROL
SYSTEM.
020 GLOBAL COMBAT 2,820 2,820
SUPPORT SYSTEM.
021 TELEPORT 68,037 68,037
PROGRAM.
022 ITEMS LESS THAN 196,232 196,232
$5 MILLION.
023 NET CENTRIC 3,051 3,051
ENTERPRISE
SERVICES
(NCES).
024 DEFENSE 89,725 89,725
INFORMATION
SYSTEM NETWORK
(DISN).
025 PUBLIC KEY 1,780 1,780
INFRASTRUCTURE.
026 JOINT COMMAND 2,835 2,835
AND CONTROL
PROGRAM.
027 CYBER SECURITY 18,188 18,188
INITIATIVE.
MAJOR
EQUIPMENT, DLA
028 MAJOR EQUIPMENT 7,728 7,728
MAJOR
EQUIPMENT,
DMACT
029 MAJOR EQUIPMENT 4 10,149 4 10,149
MAJOR
EQUIPMENT,
DODEA
030 AUTOMATION/ 1,463 1,463
EDUCATIONAL
SUPPORT &
LOGISTICS.
MAJOR
EQUIPMENT,
DEFENSE
SECURITY
COOPERATION
AGENCY
031 EQUIPMENT......
032 VEHICLES....... 50 50
033 OTHER MAJOR 7,447 7,447
EQUIPMENT.
MAJOR
EQUIPMENT,
DTSA
034 MAJOR EQUIPMENT 436 436
MAJOR
EQUIPMENT,
MISSILE
DEFENSE AGENCY
035 THAAD SYSTEM... 420,300 420,300
036 SM-3........... 168,723 168,723
MAJOR
EQUIPMENT, NSA
044 INFORMATION 4,013 4,013
SYSTEMS
SECURITY
PROGRAM (ISSP).
MAJOR
EQUIPMENT, OSD
047 MAJOR 111,487 111,487
EQUIPMENT, OSD.
MAJOR
EQUIPMENT, TJS
048 MAJOR 12,065 12,065
EQUIPMENT, TJS.
MAJOR
EQUIPMENT, WHS
049 WHS MOTOR
VEHICLES.
050 MAJOR 26,945 26,945
EQUIPMENT, WHS.
CLASSIFIED
PROGRAMS
999 CLASSIFIED 818,766 818,766
PROGRAMS.
SPECIAL
OPERATIONS
COMMAND
AVIATION
PROGRAMS
051 ROTARY WING 101,936 101,936
UPGRADES AND
SUSTAINMENT.
052 MH-47 SERVICE 22,958 22,958
LIFE EXTENSION
PROGRAM.
053 MH-60 SOF 146,820 146,820
MODERNIZATION
PROGRAM.
054 NON-STANDARD 9 227,552 9 227,552
AVIATION.
055 UNMANNED
VEHICLES.
056 SOF TANKER 34,200 34,200
RECAPITALIZATI
ON.
057 SOF U-28....... 2,518 2,518
058 MC-130H, COMBAT
TALON II.
059 CV-22 SOF MOD.. 5 114,553 5 114,553
060 MQ-1 UAV....... 10,930 10,930
061 MQ-9 UAV....... 12,671 12,671
062 STUASL0........ 9 12,223 9 12,223
063 C-130 59,950 85,000 144,950
MODIFICATIONS.
MC-130W [85,000]
multi-
mission
modificatio
ns.
064 AIRCRAFT 973 973
SUPPORT.
SHIPBUILDING
065 ADVANCED SEAL 5,236 5,236
DELIVERY
SYSTEM (ASDS).
066 MK8 MOD1 SEAL 1,463 1,463
DELIVERY
VEHICLE.
AMMUNITION
PROGRAMS
067 SOF ORDNANCE 61,360 61,360
REPLENISHMENT.
068 SOF ORDNANCE 26,791 26,791
ACQUISITION.
OTHER
PROCUREMENT
PROGRAMS
069 COMMUNICATIONS 55,080 55,080
EQUIPMENT AND
ELECTRONICS.
070 SOF 72,811 72,811
INTELLIGENCE
SYSTEMS.
071 SMALL ARMS AND 35,235 5,000 40,235
WEAPONS.
Advanced [5,000]
lightweight
grenade
launcher.
072 MARITIME 791 791
EQUIPMENT
MODIFICATIONS.
073 SPEC
APPLICATION
FOR CONT.
074 SOF COMBATANT 6,156 6,156
CRAFT SYSTEMS.
075 SPARES AND 2,010 2,010
REPAIR PARTS.
076 TACTICAL 18,821 18,821
VEHICLES.
077 MISSION 17,265 17,265
TRAINING AND
PREPARATION
SYSTEMS.
078 COMBAT MISSION 20,000 20,000
REQUIREMENTS.
079 MILCON 6,835 6,835
COLLATERAL
EQUIPMENT.
081 SOF AUTOMATION 60,836 60,836
SYSTEMS.
082 SOF GLOBAL 12,401 12,401
VIDEO
SURVEILLANCE
ACTIVITIES.
083 SOF OPERATIONAL 26,070 26,070
ENHANCEMENTS
INTELLIGENCE.
084 SOF SOLDIER 550 550
PROTECTION AND
SURVIVAL
SYSTEMS.
085 SOF VISUAL 33,741 15,400 49,141
AUGMENTATION,
LASERS AND
SENSOR SYSTEMS.
Special [15,400]
operations
visual
augmentatio
n systems.
086 SOF TACTICAL 53,034 31,300 84,334
RADIO SYSTEMS.
Special [31,300]
operations
forces
multi-band
inter/intra
team radio.
087 SOF MARITIME 2,777 2,777
EQUIPMENT.
088 DRUG
INTERDICTION.
089 MISCELLANEOUS 7,576 7,576
EQUIPMENT.
090 SOF OPERATIONAL 273,998 273,998
ENHANCEMENTS.
091 PSYOP EQUIPMENT 43,081 43,081
CLASSIFIED
PROGRAMS
999 CLASSIFIED 5,573 5,573
PROGRAMS.
CHEMICAL/
BIOLOGICAL
DEFENSE
CBDP
092 Installation 65,590 65,590
Force
Protection.
093 Individual 92,004 4,000 96,004
Force
Protection.
M53 joint [4,000]
chemical
biological
protection
mask.
094 Decontamination 22,008 22,008
095 Joint Bio 12,740 12,740
Defense
Program
(Medical).
096 Collective 27,938 27,938
Protection.
097 Contamination 151,765 151,765
Avoidance.
097a Procurement of -75,000 -75,000
computer
services/
systems.
Eliminate [-75,000]
redundant
activities.
TOTAL--PROCUREM 3,984,352 65,700 4,050,052
ENT, DEFENSE-
WIDE.
RAPID
ACQUISITION
FUND
001 JOINT RAPID 79,300 79,300
ACQUISITION
CELL.
TOTAL--RAPID 79,300 79,300
ACQUISITION
FUND.
Total 105,819,330 1,397,490 107,216,820
Procurement.
----------------------------------------------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2010 Request Senate Change Senate Authorized
Line Item ---------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost
----------------------------------------------------------------------------------------------------------------
AIRCRAFT
PROCUREMENT,
ARMY
AIRCRAFT
FIXED WING
003 MQ-1 UAV....... 12 250,000 12 250,000
004 RQ-11 (RAVEN).. 86 44,640 86 44,640
004A C-12A.......... 6 45,000 6 45,000
ROTARY WING
011 UH-60 BLACKHAWK 4 74,340 4 74,340
(MYP).
013 CH-47 4 141,200 4 141,200
HELICOPTER.
MODIFICATION OF
AIRCRAFT
018 GUARDRAIL MODS 50,210 50,210
(MIP).
019 MULTI SENSOR 54,000 54,000
ABN RECON
(MIP).
020 AH-64 MODS..... 4 315,300 4 315,300
026 UTILITY 2,500 2,500
HELICOPTER
MODS.
027 KIOWA WARRIOR.. 6 94,335 6 94,335
030 RQ-7 UAV MODS.. 326,400 326,400
030A C-12A.......... 60,000 60,000
SPARES AND
REPAIR PARTS
031 SPARE PARTS 18,200 18,200
(AIR).
SUPPORT
EQUIPMENT AND
FACILITIES
GROUND SUPPORT
AVIONICS
033 ASE INFRARED CM 111,600 111,600
OTHER SUPPORT
035 COMMON GROUND 23,704 23,704
EQUIPMENT.
036 AIRCREW 24,800 24,800
INTEGRATED
SYSTEMS.
TOTAL--AIRCRAFT 1,636,229 1,636,229
PROCUREMENT,
ARMY.
MISSILE
PROCUREMENT,
ARMY
OTHER MISSILES
AIR-TO-SURFACE
MISSILE SYSTEM
005 HELLFIRE SYS 2133 219,700 2133 219,700
SUMMARY.
ANTI-TANK/
ASSAULT
MISSILE SYSTEM
006 JAVELIN (AAWS- 864 140,979 864 140,979
M) SYSTEM
SUMMARY.
007 TOW 2 SYSTEM 1294 59,200 1294 59,200
SUMMARY.
008 GUIDED MLRS 678 60,600 678 60,600
ROCKET (GMLRS).
MODIFICATIONS
014 MLRS MODS...... 18,772 18,772
015 HIMARS 32,319 32,319
MODIFICATIONS.
TOTAL--MISSILE 531,570 531,570
PROCUREMENT,
ARMY.
PROCUREMENT OF
WEAPONS &
TRACKED COMBAT
VEHICLES
MODIFICATION OF
TRACKED COMBAT
VEHICLES
009 FIST VEHICLE 36,000 36,000
(MOD).
010 BRADLEY PROGRAM 243,600 243,600
(MOD).
011 HOWITZER, MED 37,620 37,620
SP FT 155MM
M109A6 (MOD).
WEAPONS AND
OTHER COMBAT
VEHICLES
027 XM320 GRENADE 3643 13,900 3643 13,900
LAUNCHER
MODULE (GLM).
031 COMMON REMOTELY 1000 235,000 1000 235,000
OPERATED
WEAPONS
STATION (CRO.
033 HOWITZER LT WT 36 107,996 36 107,996
155MM (T).
MOD OF WEAPONS
AND OTHER
COMBAT VEH
036 M2 50 CAL 27,600 27,600
MACHINE GUN
MODS.
037 M249 SAW 20,900 20,900
MACHINE GUN
MODS.
038 M240 MEDIUM 4,800 4,800
MACHINE GUN
MODS.
040 M119 21,250 21,250
MODIFICATIONS.
041A M14 7.62 RIFLE 5,800 5,800
MODS.
SUPPORT
EQUIPMENT &
FACILITIES
043 ITEMS LESS THAN 5,000 5,000
$5.0M (WOCV-
WTCV).
TOTAL--PROCUREM 759,466 759,466
ENT OF WTCV,
ARMY.
PROCUREMENT OF
AMMUNITION,
ARMY
AMMUNITION
SMALL/MEDIUM
CALIBER
AMMUNITION
001 CTG, 5.56MM, 22,000 22,000
ALL TYPES.
002 CTG, 7.62MM, 8,300 8,300
ALL TYPES.
003 CTG, HANDGUN, 500 500
ALL TYPES.
004 CTG, .50 CAL, 26,500 26,500
ALL TYPES.
006 CTG, 30MM, ALL 530 530
TYPES.
MORTAR
AMMUNITION
008 60MM MORTAR, 20,000 20,000
ALL TYPES.
ARTILLERY
AMMUNITION
014 CTG, ARTY, 9,200 9,200
105MM: ALL
TYPES.
016 PROJ 155MM 52,200 52,200
EXTENDED RANGE
XM982.
017 MODULAR 10,000 10,000
ARTILLERY
CHARGE SYSTEM
(MACS), ALL T.
ARTILLERY FUZES
018 ARTILLERY 7,800 7,800
FUZES, ALL
TYPES.
MINES
019 MINES, ALL 5,000 5,000
TYPES.
020 MINE, CLEARING 7,000 7,000
CHARGE, ALL
TYPES.
ROCKETS
024 ROCKET, HYDRA 169,505 169,505
70, ALL TYPES.
OTHER
AMMUNITION
027 SIGNALS, ALL 100 100
TYPES.
MISCELLANEOUS
030 NON-LETHAL 32,000 32,000
AMMUNITION,
ALL TYPES.
TOTAL--PROCUREM 370,635 370,635
ENT OF
AMMUNITION,
ARMY.
OTHER
PROCUREMENT,
ARMY
TACTICAL AND
SUPPORT
VEHICLES
TACTICAL
VEHICLES
001 TACTICAL 185 1,948 185 1,948
TRAILERS/DOLLY
SETS.
002 SEMITRAILERS, 670 40,403 670 40,403
FLATBED.
003 SEMITRAILERS, 44 8,651 44 8,651
TANKERS.
004 HI MOB MULTI- 8444 1,251,038 8444 1,251,038
PURP WHLD VEH
(HMMWV).
005 FAMILY OF 1643 461,657 1643 461,657
MEDIUM
TACTICAL VEH
(FMTV).
007 FAMILY OF HEAVY 623,230 623,230
TACTICAL
VEHICLES
(FHTV).
009 ARMORED 13,206 13,206
SECURITY
VEHICLES (ASV).
012 TRUCK, TRACTOR, 259 62,654 259 62,654
LINE HAUL,
M915/M916.
COMMUNICATIONS
AND
ELECTRONICS
EQUIPMENT
COMM-JOINT
COMMUNICATIONS
023 WIN-T--GROUND 13,500 13,500
FORCES
TACTICAL
NETWORK.
COMM--SATELLITE
COMMUNICATIONS
028 NAVSTAR GLOBAL 53,486 53,486
POSITIONING
SYSTEM (SPACE).
029 SMART-T (SPACE) 26,000 26,000
032 MOD OF IN-SVC 23,900 23,900
EQUIP (TAC
SAT).
COMM--COMBAT
SUPPORT COMM
032A MOD-IN-SERVICE 6,070 6,070
PROFILER.
COMM--COMBAT
COMMUNICATIONS
034 ARMY DATA 239 239
DISTRIBUTION
SYSTEM (DATA
RADIO).
037 SINCGARS FAMILY 128,180 -75,000 53,180
Unjustifie [-75,000]
d program
growth.
038 AMC CRITICAL 100,000 100,000
ITEMS--OPA2.
046 RADIO, IMPROVED 11,286 11,286
HF (COTS)
FAMILY.
047 MEDICAL COMM 18 18
FOR CBT
CASUALTY CARE
(MC4).
INFORMATION
SECURITY
050 INFORMATION 32,095 32,095
SYSTEM
SECURITY
PROGRAM-ISSP.
COMM--BASE
COMMUNICATIONS
055 INFORMATION 330,342 330,342
SYSTEMS.
057 INSTALLATION 227,733 227,733
INFO
INFRASTRUCTURE
MOD PROGRAM(.
ELECT EQUIP--
TACT INT REL
ACT (TIARA)
062 JTT/CIBS-M 1,660 1,660
(MIP).
066 DIGITAL 265 265
TOPOGRAPHIC
SPT SYS (DTSS)
(MIP).
069 DCGS-A (MIP)... 167,100 167,100
073 CI HUMINT AUTO 34,208 34,208
REPRTING AND
COLL(CHARCS)
(MIP).
075 ITEMS LESS THAN 5,064 5,064
$5.0M (MIP).
ELECT EQUIP--
ELECTRONIC
WARFARE (EW)
076 LIGHTWEIGHT 58,590 58,590
COUNTER MORTAR
RADAR.
077 WARLOCK........ 164,435 164,435
078 COUNTERINTELLIG 126,030 126,030
ENCE/SECURITY
COUNTERMEASURE
S.
ELECT EQUIP--
TACTICAL SURV.
(TAC SURV)
082 NIGHT VISION 93,183 93,183
DEVICES.
084 NIGHT VISION, 25,000 25,000
THERMAL WPN
SIGHT.
085 SMALL TACTICAL 15,000 15,000
OPTICAL RIFLE
MOUNTED MLRF.
087 COUNTER-ROCKET, 150,400 150,400
ARTILLERY &
MORTAR (C-RAM).
091 ENHANCED 1,900 1,900
PORTABLE
INDUCTIVE
ARTILLERY FUZE
SE.
094 FORCE XXI 242,999 179,000 421,999
BATTLE CMD
BRIGADE &
BELOW (FBCB2).
Unfunded [179,000]
requirement.
095 JOINT BATTLE
COMMAND--PLATF
ORM (JBC-P).
096 LIGHTWEIGHT 97,020 97,020
LASER
DESIGNATOR/
RANGEFINDER
(LLD.
097 COMPUTER 3,780 3,780
BALLISTICS:
LHMBC XM32.
099 COUNTERFIRE 26,000 26,000
RADARS.
ELECT EQUIP--
TACTICAL C2
SYSTEMS
103 FIRE SUPPORT C2 14,840 14,840
FAMILY.
104 BATTLE COMMAND 16 16
SUSTAINMENT
SUPPORT SYSTEM
(BC.
107 KNIGHT FAMILY.. 178,500 178,500
113 NETWORK 58,900 58,900
MANAGEMENT
INITIALIZATION
AND SERVICE.
114 MANEUVER 5,000 5,000
CONTROL SYSTEM
(MCS).
115 SINGLE ARMY 1,440 1,440
LOGISTICS
ENTERPRISE
(SALE).
ELECT EQUIP--
SUPPORT
CLASSIFIED 760 760
PROGRAMS.
OTHER SUPPORT
EQUIPMENT
CHEMICAL
DEFENSIVE
EQUIPMENT
129 PROTECTIVE 44,460 44,460
SYSTEMS.
130 CBRN SOLDIER 38,811 38,811
PROTECTION.
BRIDGING
EQUIPMENT
133 TACTICAL 13,525 13,525
BRIDGE, FLOAT-
RIBBON.
136 EXPLOSIVE 10,800 10,800
ORDNANCE
DISPOSAL EQPMT
(EOD EQPMT).
COMBAT SERVICE
SUPPORT
EQUIPMENT
140 LAUNDRIES, 21,561 21,561
SHOWERS AND
LATRINES.
142 LIGHTWEIGHT 1,955 1,955
MAINTENANCE
ENCLOSURE
(LME).
146 FORCE PROVIDER. 245,382 245,382
147 FIELD FEEDING 4,011 4,011
EQUIPMENT.
150 ITEMS LESS THAN 4,987 4,987
$5M (ENG SPT).
PETROLEUM
EQUIPMENT
152 DISTRIBUTION 58,554 58,554
SYSTEMS,
PETROLEUM &
WATER.
WATER EQUIPMENT
153 WATER 3,017 3,017
PURIFICATION
SYSTEMS.
MEDICAL
EQUIPMENT
154 COMBAT SUPPORT 11,386 11,386
MEDICAL.
MAINTENANCE
EQUIPMENT
155 MOBILE 12,365 12,365
MAINTENANCE
EQUIPMENT
SYSTEMS.
156 ITEMS LESS THAN 546 546
$5.0M (MAINT
EQ).
CONSTRUCTION
EQUIPMENT
162 LOADERS........ 1,100 1,100
163 HYDRAULIC 290 290
EXCAVATOR.
166 PLANT, ASPHALT 2,500 2,500
MIXING.
167 HIGH MOBILITY 16,500 16,500
ENGINEER
EXCAVATOR
(HMEE) FOS.
169 ITEMS LESS THAN 360 360
$5.0M (CONST
EQUIP).
RAIL FLOAT
CONTAINERIZATI
ON EQUIPMENT
172 ITEMS LESS THAN 3,550 3,550
$5.0M (FLOAT/
RAIL).
GENERATORS
173 GENERATORS AND 62,210 62,210
ASSOCIATED
EQUIP.
MATERIAL
HANDLING
EQUIPMENT
174 ROUGH TERRAIN 54,360 54,360
CONTAINER
HANDLER (RTCH).
175 ALL TERRAIN 49,319 49,319
LIFTING ARMY
SYSTEM.
TRAINING
EQUIPMENT
176 COMBAT TRAINING 60,200 60,200
CENTERS
SUPPORT.
177 TRAINING 28,200 28,200
DEVICES,
NONSYSTEM.
TEST MEASURE
AND DIG
EQUIPMENT
(TMD)
182 INTEGRATED 1,524 1,524
FAMILY OF TEST
EQUIPMENT
(IFTE).
183 TEST EQUIPMENT 3,817 3,817
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 27,000 27,000
SOLDIER
SUPPORT
EQUIPMENT.
187 MODIFICATION OF 555,950 555,950
IN-SVC
EQUIPMENT (OPA-
3).
TOTAL--OTHER 6,225,966 104,000 6,329,966
PROCUREMENT,
ARMY.
JOINT
IMPROVISED
EXPLOSIVE
DEVICE DEFEAT
FUND
NETWORK ATTACK
001 ATTACK THE 812,000 203,100 1,015,100
NETWORK.
Transfer [203,100]
from base
budget.
JIEDDO DEVICE
DEFEAT
002 DEFEAT THE 536,000 199,100 735,100
DEVICE.
Transfer [199,100]
from base
budget.
FORCE TRAINING
003 TRAIN THE FORCE 187,000 41,100 228,100
Transfer [41,100]
from base
budget.
STAFF AND
INFRASTRUCTURE
004 OPERATIONS..... 121,550 121,550
Transfer [121,550]
from base
budget.
TOTAL--JOINT 1,535,000 564,850 2,099,850
IED DEFEAT
FUND.
AIRCRAFT
PROCUREMENT,
NAVY
COMBAT AIRCRAFT
010 UH-1Y/AH-1Z.... 2 55,006 2 55,006
MODIFICATION OF
AIRCRAFT
028 EA-6 SERIES.... 45,000 45,000
029 AV-8 SERIES.... 28,296 28,296
030 F-18 SERIES.... 96,000 96,000
031 H-46 SERIES.... 17,485 17,485
033 H-53 SERIES.... 164,730 164,730
034 SH-60 SERIES... 11,192 11,192
035 H-1 SERIES..... 11,217 11,217
037 P-3 SERIES..... 74,900 74,900
039 E-2 SERIES..... 17,200 17,200
041 C-2A........... 14,100 14,100
042 C-130 SERIES... 52,324 52,324
049 POWER PLANT 4,456 4,456
CHANGES.
052 COMMON ECM 263,382 263,382
EQUIPMENT.
054 COMMON 5,500 5,500
DEFENSIVE
WEAPON SYSTEM.
056 V-22 (TILT/ 53,500 53,500
ROTOR ACFT)
OSPREY.
AIRCRAFT SPARES
AND REPAIR
PARTS
057 SPARES AND 2,265 2,265
REPAIR PARTS.
TOTAL--AIRCRAFT 916,553 916,553
PROCUREMENT,
NAVY.
WEAPONS
PROCUREMENT,
NAVY
OTHER MISSILES
TACTICAL
MISSILES
010 HELLFIRE....... 782 73,700 782 73,700
TOTAL--WEAPONS 73,700 73,700
PROCUREMENT,
NAVY.
PROCUREMENT OF
AMMUNITION,
NAVY & MARINE
CORPS
PROC AMMO, NAVY
NAVY AMMUNITION
001 GENERAL PURPOSE 40,500 40,500
BOMBS.
003 AIRBORNE 42,510 42,510
ROCKETS, ALL
TYPES.
004 MACHINE GUN 109,200 109,200
AMMUNITION.
007 AIR EXPENDABLE 5,501 5,501
COUNTERMEASURE
S.
009 5 INCH/54 GUN 352 352
AMMUNITION.
011 OTHER SHIP GUN 2,835 2,835
AMMUNITION.
012 SMALL ARMS & 14,229 14,229
LANDING PARTY
AMMO.
013 PYROTECHNIC AND 1,442 1,442
DEMOLITION.
PROC AMMO, MC
MARINE CORPS
AMMUNITION
015 SMALL ARMS 16,930 16,930
AMMUNITION.
016 LINEAR CHARGES, 5,881 5,881
ALL TYPES.
017 40 MM, ALL 104,824 104,824
TYPES.
018 60MM, ALL TYPES 43,623 43,623
019 81MM, ALL TYPES 103,647 103,647
020 120MM, ALL 62,265 62,265
TYPES.
021 CTG 25MM, ALL 563 563
TYPES.
022 GRENADES, ALL 6,074 6,074
TYPES.
023 ROCKETS, ALL 8,117 8,117
TYPES.
024 ARTILLERY, ALL 81,975 81,975
TYPES.
026 DEMOLITION 9,241 9,241
MUNITIONS, ALL
TYPES.
027 FUZE, ALL TYPES 51,071 51,071
TOTAL--PROCUREM 710,780 710,780
ENT OF
AMMUNITION,
NAVY & MARINE
CORPS.
OTHER
PROCUREMENT,
NAVY
SHIPS SUPPORT
EQUIPMENT
OTHER SHIPBOARD
EQUIPMENT
018 UNDERWATER EOD 12,040 12,040
PROGRAMS.
SMALL BOATS
025 STANDARD BOATS. 13,000 13,000
COMMUNICATIONS
AND
ELECTRONICS
EQUIPMENT
AVIATION
ELECTRONIC
EQUIPMENT
056 MATCALS........ 400 400
SHIPBOARD
COMMUNICATIONS
076 SHIP 1,500 1,500
COMMUNICATIONS
AUTOMATION.
AVIATION
SUPPORT
EQUIPMENT
AIRCRAFT
SUPPORT
EQUIPMENT
092 EXPEDITIONARY 37,345 37,345
AIRFIELDS.
097 AVIATION LIFE 17,883 17,883
SUPPORT.
ORDNANCE
SUPPORT
EQUIPMENT
OTHER ORDNANCE
SUPPORT
EQUIPMENT
115 EXPLOSIVE 43,650 43,650
ORDNANCE
DISPOSAL EQUIP.
CIVIL
ENGINEERING
SUPPORT
EQUIPMENT
120 PASSENGER 25 25
CARRYING
VEHICLES.
121 GENERAL PURPOSE 93 93
TRUCKS.
122 CONSTRUCTION & 11,167 11,167
MAINTENANCE
EQUIP.
124 TACTICAL 54,008 54,008
VEHICLES.
127 ITEMS UNDER $5 10,842 10,842
MILLION.
128 PHYSICAL 1,130 1,130
SECURITY
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
129 MATERIALS 25 25
HANDLING
EQUIPMENT.
PERSONNEL AND
COMMAND
SUPPORT
EQUIPMENT
COMMAND SUPPORT
EQUIPMENT
134 COMMAND SUPPORT 4,000 4,000
EQUIPMENT.
139 OPERATING 15,452 15,452
FORCES SUPPORT
EQUIPMENT.
140 C4ISR EQUIPMENT 3,100 3,100
142 PHYSICAL 89,521 89,521
SECURITY
EQUIPMENT.
SPARES AND
REPAIR PARTS
145 SPARES AND 2,837 2,837
REPAIR PARTS.
TOTAL--OTHER 318,018 318,018
PROCUREMENT,
NAVY.
PROCUREMENT,
MARINE CORPS
WEAPONS AND
COMBAT
VEHICLES
TRACKED COMBAT
VEHICLES
002 LAV PIP........ 58,229 58,229
ARTILLERY AND
OTHER WEAPONS
006 155MM 18 54,000 18 54,000
LIGHTWEIGHT
TOWED HOWITZER.
008 WEAPONS AND 3,351 3,351
COMBAT
VEHICLES UNDER
$5 MILLION.
OTHER SUPPORT
010 MODIFICATION 20,183 20,183
KITS.
011 WEAPONS 9,151 9,151
ENHANCEMENT
PROGRAM.
GUIDED MISSILES
AND EQUIPMENT
OTHER SUPPORT
016 MODIFICATION 8,506 8,506
KITS.
COMMUNICATIONS
& ELECTRONICS
EQUIPMENT
REPAIR AND TEST
EQUIPMENT
018 REPAIR AND TEST 11,741 11,741
EQUIPMENT.
OTHER SUPPORT
(TEL)
019 COMBAT SUPPORT 462 462
SYSTEM.
COMMAND AND
CONTROL SYSTEM
(NON-TEL)
021 ITEMS UNDER $5 4,153 4,153
MILLION (COMM
& ELEC).
022 AIR OPERATIONS 3,096 3,096
C2 SYSTEMS.
RADAR +
EQUIPMENT (NON-
TEL)
023 RADAR SYSTEMS.. 3,417 3,417
INTELL/COMM
EQUIPMENT (NON-
TEL)
024 FIRE SUPPORT 521 521
SYSTEM.
025 INTELLIGENCE 37,547 37,547
SUPPORT
EQUIPMENT.
026 RQ-11 UAV...... 13,000 13,000
OTHER COMM/ELEC
EQUIPMENT (NON-
TEL)
027 NIGHT VISION 12,570 12,570
EQUIPMENT.
OTHER SUPPORT
(NON-TEL)
028 COMMON COMPUTER 23,105 23,105
RESOURCES.
029 COMMAND POST 23,041 23,041
SYSTEMS.
030 RADIO SYSTEMS.. 32,497 32,497
031 COMM SWITCHING 2,044 2,044
& CONTROL
SYSTEMS.
032 COMM & ELEC 64 64
INFRASTRUCTURE
SUPPORT.
SUPPORT
VEHICLES
035 TACTICAL 205,036 205,036
VEHICLES.
036 MOTOR TRANSPORT 10,177 10,177
MODIFICATIONS.
037 MEDIUM TACTICAL 131,044 131,044
VEHICLE
REPLACEMENT.
038 LOGISTICS 59,219 59,219
VEHICLE SYSTEM
REP.
039 FAMILY OF 13,388 13,388
TACTICAL
TRAILERS.
ENGINEER AND
OTHER
EQUIPMENT
042 ENVIRONMENTAL 5,119 5,119
CONTROL EQUIP
ASSORT.
043 BULK LIQUID 4,549 4,549
EQUIPMENT.
044 TACTICAL FUEL 33,421 33,421
SYSTEMS.
045 POWER EQUIPMENT 24,860 24,860
ASSORTED.
047 EOD SYSTEMS.... 47,697 47,697
MATERIALS
HANDLING
EQUIPMENT
048 PHYSICAL 19,720 19,720
SECURITY
EQUIPMENT.
050 MATERIAL 56,875 56,875
HANDLING EQUIP.
GENERAL
PROPERTY
053 TRAINING 157,734 157,734
DEVICES.
055 FAMILY OF 35,818 35,818
CONSTRUCTION
EQUIPMENT.
058 RAPID 55 55
DEPLOYABLE
KITCHEN.
OTHER SUPPORT
059 ITEMS LESS THAN 39,055 39,055
$5 MILLION.
TOTAL--PROCUREM 1,164,445 1,164,445
ENT, MARINE
CORPS.
AIRCRAFT
PROCUREMENT,
AIR FORCE
AIRLIFT
AIRCRAFT
OTHER AIRLIFT
006 C-130J......... 72,000 72,000
MODIFICATION OF
IN-SERVICE
AIRCRAFT
STRATEGIC
AIRCRAFT
028 B-1B........... 20,500 20,500
TACTICAL
AIRCRAFT
030 A-10........... 10,000 10,000
032 F-16........... 20,025 20,025
AIRLIFT
AIRCRAFT
034 C-5............ 57,400 57,400
037 C-17A.......... 132,300 132,300
OTHER AIRCRAFT
052 C-130.......... 210,800 210,800
054 C-135.......... 16,916 16,916
056 DARP........... 10,300 10,300
063 HC/MC-130 7,000 7,000
MODIFICATIONS.
064 OTHER AIRCRAFT. 90,000 90,000
065 MQ-1 MODS...... 65,000 65,000
066 MQ-9 MODS...... 99,200 -40,000 59,200
Reflect [-40,000]
USAF
decision to
change
sensor
payload.
AIRCRAFT
SUPPORT
EQUIPMENT AND
FACILITIES
POST PRODUCTION
SUPPORT
076 C-17A.......... 11,000 11,000
OTHER
PRODUCTION
CHARGES
085 OTHER 114,000 114,000
PRODUCTION
CHARGES.
TOTAL--AIRCRAFT 936,441 -40,000 896,441
PROCUREMENT,
AIR FORCE.
PROCUREMENT OF
AMMUNITION,
AIR FORCE
PROCUREMENT OF
AMMO, AIR
FORCE
ROCKETS
001 ROCKETS........ 3,488 3,488
CARTRIDGES
002 CARTRIDGES..... 39,236 39,236
BOMBS
004 GENERAL PURPOSE 34,085 34,085
BOMBS.
005 JOINT DIRECT 3860 97,978 3860 97,978
ATTACK
MUNITION.
FLARE, IR MJU-
7B
007 EXPLOSIVE 4,800 4,800
ORDINANCE
DISPOSAL (EOD).
FUZES
011 FLARES......... 41,000 41,000
012 FUZES.......... 14,595 14,595
WEAPONS
SMALL ARMS
013 SMALL ARMS..... 21,637 21,637
TOTAL--PROCUREM 256,819 256,819
ENT OF
AMMUNITION,
AIR FORCE.
MISSILE
PROCUREMENT,
AIR FORCE
OTHER MISSILES
TACTICAL
005 PREDITOR 385 29,325 385 29,325
HELLFIRE
MISSILE.
006 SMALL DIAMETER 100 7,300 100 7,300
BOMB.
TOTAL--MISSILE 36,625 36,625
PROCUREMENT,
AIR FORCE.
OTHER
PROCUREMENT,
AIR FORCE
VEHICULAR
EQUIPMENT
CARGO + UTILITY
VEHICLES
002 MEDIUM TACTICAL 3,364 3,364
VEHICLE.
SPECIAL PURPOSE
VEHICLES
004 SECURITY AND 11,337 11,337
TACTICAL
VEHICLES.
FIRE FIGHTING
EQUIPMENT
005 FIRE FIGHTING/ 8,626 8,626
CRASH RESCUE
VEHICLES.
ELECTRONICS AND
TELECOMMUNICAT
IONS
SPCL COMM-
ELECTRONICS
PROJECTS
023 AIR FORCE 1,600 1,600
PHYSICAL
SECURITY
SYSTEM.
DISA PROGRAMS
037 MILSATCOM SPACE 714 714
OTHER BASE
MAINTENANCE
AND SUPPORT
EQUIP
PERSONAL SAFETY
& RESCUE EQUIP
047 NIGHT VISION 14,528 14,528
GOGGLES.
048 ITEMS LESS THAN 4,900 4,900
$5,000,000
(SAFETY).
BASE SUPPORT
EQUIPMENT
051 CONTINGENCY 11,300 11,300
OPERATIONS.
SPECIAL SUPPORT
PROJECTS
060 DEFENSE SPACE 34,400 34,400
RECONNAISSANCE
PROG..
CLASSIFIED
PROGRAMS
999 CLASSIFIED 2,230,780 2,230,780
PROGRAMS.
TOTAL--OTHER 2,321,549 2,321,549
PROCUREMENT,
AIR FORCE.
MINE RESISTANT
AMBUSH PROT
VEH FUND
MINE RESISTANT
AMBUSH PROT
VEH FUND
MINE RESISTANT 5,456,000 5,456,000
AMBUSH PROT
VEH FUND.
TOTAL--MINE 5,456,000 5,456,000
RESISTANT
AMBUSH PROT
VEH FUND.
PROCUREMENT,
DEFENSE-WIDE
MAJOR EQUIPMENT
MAJOR
EQUIPMENT,
DISA
019 GLOBAL COMMAND 1,500 1,500
AND CONTROL
SYSTEM.
021 TELEPORT 7,411 7,411
PROGRAM.
CLASSIFIED
PROGRAMS
999 CLASSIFIED 304,794 304,794
PROGRAMS.
SPECIAL
OPERATIONS
COMMAND
AVIATION
PROGRAMS
052 MH-47 SERVICE 5,900 5,900
LIFE EXTENSION
PROGRAM.
057 SOF U-28....... 3,000 3,000
060 MQ-1 UAV....... 1,450 1,450
062 STUASL0........ 9 12,000 9 12,000
063 C-130 19,500 19,500
MODIFICATIONS.
AMMUNITION
PROGRAMS
067 SOF ORDNANCE 51,156 51,156
REPLENISHMENT.
068 SOF ORDNANCE 17,560 17,560
ACQUISITION.
OTHER
PROCUREMENT
PROGRAMS
069 COMMUNICATIONS 2,000 2,000
EQUIPMENT AND
ELECTRONICS.
070 SOF 23,260 23,260
INTELLIGENCE
SYSTEMS.
071 SMALL ARMS AND 3,800 3,800
WEAPONS.
076 TACTICAL 6,865 6,865
VEHICLES.
083 SOF OPERATIONAL 11,000 11,000
ENHANCEMENTS
INTELLIGENCE.
086 SOF TACTICAL 5,448 5,448
RADIO SYSTEMS.
090 SOF OPERATIONAL 11,900 11,900
ENHANCEMENTS.
CLASSIFIED
PROGRAMS
999 CLASSIFIED 2,886 2,886
PROGRAMS.
TOTAL--PROCUREM 491,430 491,430
ENT, DEFENSE-
WIDE.
Total 23,741,226 628,850 24,370,076
Procurement.
----------------------------------------------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Senate
Line Program Element Item FY 2010 Request Senate Change Authorized
----------------------------------------------------------------------------------------------------------------
..................... RESEARCH, DEVELOPMENT,
TEST & EVALUATION, ARMY
.....................
..................... BASIC RESEARCH
001 0601101A IN-HOUSE LABORATORY 19,671 19,671
INDEPENDENT RESEARCH.
002 0601102A DEFENSE RESEARCH SCIENCES 173,024 5,500 178,524
..................... Ballistic materials [3,500]
research.
..................... Military operating [2,000]
environments research.
003 0601103A UNIVERSITY RESEARCH 88,421 4,000 92,421
INITIATIVES.
..................... Nanocomposite [2,000]
materials research.
..................... Open source [2,000]
intelligence research.
004 0601104A UNIVERSITY AND INDUSTRY 96,144 7,700 103,844
RESEARCH CENTERS.
..................... Advanced [2,000]
nanomaterials design.
..................... Electrolyte research [1,000]
for batteries.
..................... Immersive simulation [1,200]
research.
..................... Materials processing [2,000]
research.
..................... Structural modeling [1,500]
and analysis.
.....................
..................... SUBTOTAL, BASIC RESEARCH, 377,260 17,200 394,460
ARMY.
.....................
..................... APPLIED RESEARCH
005 0602105A MATERIALS TECHNOLOGY..... 27,206 23,000 50,206
..................... Advanced [2,000]
manufacturing
technologies.
..................... Advanced renewable [4,000]
jet fuels.
..................... Applied composite [3,000]
materials research.
..................... High strength fibers [3,000]
for ballistic armor
applications.
..................... Moldable fabric armor [2,500]
..................... Nanosensor [4,000]
manufacturing
research.
..................... Smart materials and [4,500]
structures.
006 0602120A SENSORS AND ELECTRONIC 50,641 2,500 53,141
SURVIVABILITY.
..................... Nanoelectronic [2,500]
memory, sensor and
energy devices.
007 0602122A TRACTOR HIP.............. 14,324 14,324
008 0602211A AVIATION TECHNOLOGY...... 41,332 2,000 43,332
..................... Manned-unmanned [2,000]
aerial system teaming
technologies.
009 0602270A ELECTRONIC WARFARE 16,119 16,119
TECHNOLOGY.
010 0602303A MISSILE TECHNOLOGY....... 50,716 50,716
011 0602307A ADVANCED WEAPONS 19,678 19,678
TECHNOLOGY.
012 0602308A ADVANCED CONCEPTS AND 17,473 2,000 19,473
SIMULATION.
..................... Cognitive modeling [2,000]
and simulation
research.
013 0602601A COMBAT VEHICLE AND 55,937 63,000 118,937
AUTOMOTIVE TECHNOLOGY.
..................... Advanced composite [4,000]
materials research.
..................... Army vehicle [25,000]
modernization
research.
..................... Composite vehicle [2,500]
shelters.
..................... Fuel cell APU systems [3,000]
..................... Hybrid electric [2,000]
vehicle reliability
research.
..................... Materials research [1,500]
for alternative
energy and
transportation.
..................... Tactical metal [3,000]
fabrication program.
..................... Tribology research... [2,000]
..................... Vehicle systems [20,000]
engineering and
integration
activities.
014 0602618A BALLISTICS TECHNOLOGY.... 61,843 26,000 87,843
..................... Army vehicle [25,000]
survivability
research.
..................... Electromagnetic gun.. [-2,000]
..................... Reactive armor [3,000]
research.
015 0602622A CHEMICAL, SMOKE AND 5,293 5,293
EQUIPMENT DEFEATING
TECHNOLOGY.
016 0602623A JOINT SERVICE SMALL ARMS 7,674 7,674
PROGRAM.
017 0602624A WEAPONS AND MUNITIONS 41,085 9,000 50,085
TECHNOLOGY.
..................... Acoustic gun [2,000]
detection systems.
..................... Acoustic research.... [3,000]
..................... UGV weaponization.... [4,000]
018 0602705A ELECTRONICS AND 61,404 6,000 67,404
ELECTRONIC DEVICES.
..................... Hybrid battery [2,500]
systems.
..................... Hybrid portable power [3,500]
program.
019 0602709A NIGHT VISION TECHNOLOGY.. 26,893 26,893
020 0602712A COUNTERMINE SYSTEMS...... 18,945 18,945
021 0602716A HUMAN FACTORS ENGINEERING 18,605 18,605
TECHNOLOGY.
022 0602720A ENVIRONMENTAL QUALITY 15,902 15,902
TECHNOLOGY.
023 0602782A COMMAND, CONTROL, 24,833 24,833
COMMUNICATIONS
TECHNOLOGY.
024 0602783A COMPUTER AND SOFTWARE 5,639 5,639
TECHNOLOGY.
025 0602784A MILITARY ENGINEERING 54,818 8,500 63,318
TECHNOLOGY.
..................... Ballistic materials [3,000]
for force protection.
..................... Critical [3,500]
infrastructure
monitoring and
protection research.
..................... Geosciences research. [2,000]
026 0602785A MANPOWER/PERSONNEL/ 18,701 18,701
TRAINING TECHNOLOGY.
027 0602786A WARFIGHTER TECHNOLOGY.... 27,109 8,500 35,609
..................... Airbeam shelter [3,000]
protection systems.
..................... Enhanced ballistic [3,000]
protection research.
..................... Thermal resistant [2,500]
fiber research.
028 0602787A MEDICAL TECHNOLOGY....... 99,027 26,500 125,527
..................... Bioengineering [2,500]
research.
..................... Biomechanics research [3,500]
..................... Blast protection for [2,000]
ground soldiers.
..................... Blast wave modeling.. [3,000]
..................... Dengue fever research [2,000]
..................... Hemorrhage research.. [3,000]
..................... Malaria vaccine [2,500]
development.
..................... Nanomaterials for [2,000]
biological processes.
..................... Neurotrauma research. [3,500]
..................... Secondary trauma [2,500]
research.
.....................
..................... SUBTOTAL, APPLIED 781,197 177,000 958,197
RESEARCH, ARMY.
.....................
..................... ADVANCED TECHNOLOGY
DEVELOPMENT
029 0603001A WARFIGHTER ADVANCED 37,574 37,574
TECHNOLOGY.
030 0603002A MEDICAL ADVANCED 72,940 38,000 110,940
TECHNOLOGY.
..................... Biosensor controller [2,000]
systems development.
..................... Body temperature [2,500]
conditioner systems.
..................... Gulf War illness [12,000]
research.
..................... Integrated medical [7,500]
technology program.
..................... Lower limb [2,000]
prosthetics research.
..................... Prosthetics [8,000]
technology transition.
..................... Regenerative medical [4,000]
research.
031 0603003A AVIATION ADVANCED 60,097 19,750 79,847
TECHNOLOGY.
..................... Advanced Affordable [4,000]
Turbine Engine
Program.
..................... Advanced ultrasonic [2,000]
inspections.
..................... Aviation weapons [2,000]
technology
integration.
..................... Full authority [5,000]
digital engine
control systems.
..................... Heavy fuel UAV [3,000]
propulsion systems.
..................... Integration facility [3,750]
enterprise resource
planning system.
032 0603004A WEAPONS AND MUNITIONS 66,410 -4,500 61,910
ADVANCED TECHNOLOGY.
..................... Electromagnetic gun.. [-11,500]
..................... Lightweight advanced [3,000]
metals program.
..................... Nanotechnology [4,000]
manufacturing
research.
033 0603005A COMBAT VEHICLE AND 89,586 183,100 272,686
AUTOMOTIVE ADVANCED
TECHNOLOGY.
..................... Advanced APU [6,000]
development.
..................... Advanced battery [20,000]
development program.
..................... Advanced lithium ion [3,000]
battery systems.
..................... Advanced suspension [3,500]
systems for heavy
vehicles.
..................... Advanced thermal [5,500]
management systems.
..................... Alternative energy [20,000]
research.
..................... Applied power [3,000]
management controls.
..................... Army vehicle [50,000]
modernization
technologies.
..................... Dynamometer facility [4,000]
upgrade.
..................... Electric drive [5,500]
advanced tactical
wheeled armored
vehicle system.
..................... Fuel cell unmanned [4,500]
robotic system.
..................... Ground robotics [2,000]
reliability research.
..................... Heavy fuel engines [2,500]
for unmanned ground
vehicles.
..................... Hybrid blast [4,000]
protected vehicle
technologies.
..................... Hybrid engine [8,000]
development program.
..................... Hybrid truck [4,000]
development.
..................... Hydraulic hybrid [3,000]
vehicles for the
tactical wheeled
fleet.
..................... Next generation [3,000]
superchargers for
military engines.
..................... Silicon carbide [2,500]
electronics for
ground vehicles.
..................... Simulations for [2,000]
vehicle reliability
and performance.
..................... Smart plug-in hybrid [4,100]
electric vehicle
program.
..................... Threat cue research.. [2,000]
..................... Tire development for [1,500]
JLTV program.
..................... Unmanned ground [12,000]
vehicle initiative.
..................... Vehicle autonomy [1,500]
research.
..................... Vehicle prognostics [4,000]
technologies.
..................... Water analysis [2,000]
technologies.
034 0603006A COMMAND, CONTROL, 8,667 8,667
COMMUNICATIONS ADVANCED
TECHNOLOGY.
035 0603007A MANPOWER, PERSONNEL AND 7,410 7,410
TRAINING ADVANCED
TECHNOLOGY.
036 0603008A ELECTRONIC WARFARE 50,458 50,458
ADVANCED TECHNOLOGY.
037 0603009A TRACTOR HIKE............. 11,328 11,328
038 0603015A NEXT GENERATION TRAINING 19,415 7,000 26,415
& SIMULATION SYSTEMS.
..................... Combat medic training [2,500]
systems.
..................... Joint Fires & Effects [4,500]
Trainer System
enhancements.
039 0603020A TRACTOR ROSE............. 14,569 14,569
040 0603103A EXPLOSIVES
DEMILITARIZATION
TECHNOLOGY
041 0603105A MILITARY HIV RESEARCH.... 6,657 6,657
042 0603125A COMBATING TERRORISM, 11,989 3,500 15,489
TECHNOLOGY DEVELOPMENT.
..................... Mid-sized unmanned [3,500]
ground vehicle.
043 0603270A ELECTRONIC WARFARE 19,192 2,000 21,192
TECHNOLOGY.
..................... Laser systems for [2,000]
light aircraft
missile defense.
044 0603313A MISSILE AND ROCKET 63,951 3,000 66,951
ADVANCED TECHNOLOGY.
..................... Discriminatory [3,000]
imaging research.
045 0603322A TRACTOR CAGE............. 12,154 12,154
046 0603606A LANDMINE WARFARE AND 30,317 30,317
BARRIER ADVANCED
TECHNOLOGY.
047 0603607A JOINT SERVICE SMALL ARMS 8,996 8,996
PROGRAM.
048 0603710A NIGHT VISION ADVANCED 40,329 5,000 45,329
TECHNOLOGY.
..................... Bradley third [5,000]
generation FLIR.
049 0603728A ENVIRONMENTAL QUALITY 15,706 15,706
TECHNOLOGY
DEMONSTRATIONS.
050 0603734A MILITARY ENGINEERING 5,911 8,500 14,411
ADVANCED TECHNOLOGY.
..................... Permafrost tunnel.... [500]
..................... Photovoltaic [8,000]
technology
development.
051 0603772A ADVANCED TACTICAL 41,561 4,000 45,561
COMPUTER SCIENCE AND
SENSOR TECHNOLOGY.
..................... Wideband digital [4,000]
airborne electronic
sensing array.
.....................
..................... SUBTOTAL, ADVANCED 695,217 269,350 964,567
TECHNOLOGY DEVELOPMENT,
ARMY.
.....................
..................... ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
052 0603024A UNIQUE ITEM
IDENTIFICATION (UID)
053 0603305A ARMY MISSILE DEFENSE 14,683 14,683
SYSTEMS INTEGRATION (NON
SPACE).
054 0603308A ARMY MISSILE DEFENSE 117,471 117,471
SYSTEMS INTEGRATION
(SPACE).
055 0603327A AIR AND MISSILE DEFENSE 209,531 12,500 222,031
SYSTEMS ENGINEERING.
..................... Adaptive robotic [3,500]
technology.
..................... Advanced electronics [4,000]
integration.
..................... Advanced [5,000]
environmental
controls.
056 0603460A JOINT AIR-TO-GROUND
MISSILE (JAGM)
057 0603619A LANDMINE WARFARE AND 17,536 17,536
BARRIER--ADV DEV.
058 0603627A SMOKE, OBSCURANT AND 4,920 4,920
TARGET DEFEATING SYS--
ADV DEV.
059 0603639A TANK AND MEDIUM CALIBER 33,934 33,934
AMMUNITION.
060 0603653A ADVANCED TANK ARMAMENT 90,299 50,000 140,299
SYSTEM (ATAS).
..................... Advanced Tank [50,000]
Armament Systems.
061 0603747A SOLDIER SUPPORT AND 31,752 31,752
SURVIVABILITY.
062 0603766A TACTICAL ELECTRONIC 18,228 18,228
SURVEILLANCE SYSTEM--ADV
DEV.
063 0603774A NIGHT VISION SYSTEMS
ADVANCED DEVELOPMENT
064 0603779A ENVIRONMENTAL QUALITY 4,770 4,770
TECHNOLOGY.
065 0603782A WARFIGHTER INFORMATION 180,673 180,673
NETWORK--TACTICAL.
066 0603790A NATO RESEARCH AND 5,048 5,048
DEVELOPMENT.
067 0603801A AVIATION--ADV DEV........ 8,537 50,000 58,537
..................... Joint Future Theater [50,000]
Lift.
068 0603804A LOGISTICS AND ENGINEER 56,373 -10,000 46,373
EQUIPMENT--ADV DEV.
..................... Premature JLTV [-10,000]
program growth.
069 0603805A COMBAT SERVICE SUPPORT 9,868 9,868
CONTROL SYSTEM
EVALUATION AND ANALYSIS.
070 0603807A MEDICAL SYSTEMS--ADV DEV. 31,275 31,275
071 0603827A SOLDIER SYSTEMS--ADVANCED 71,832 71,832
DEVELOPMENT.
072 0603850A INTEGRATED BROADCAST 1,476 1,476
SERVICE.
.....................
..................... SUBTOTAL, ADVANCED 908,206 102,500 1,010,706
COMPONENT DEVELOPMENT &
PROTOTYPES, ARMY.
.....................
..................... SYSTEM DEVELOPMENT &
DEMONSTRATION
073 0604201A AIRCRAFT AVIONICS........ 92,977 92,977
074 0604220A ARMED, DEPLOYABLE HELOS.. 65,515 65,515
075 0604270A ELECTRONIC WARFARE 248,463 248,463
DEVELOPMENT.
076 0604321A ALL SOURCE ANALYSIS 13,107 13,107
SYSTEM.
077 0604328A TRACTOR CAGE............. 16,286 16,286
078 0604601A INFANTRY SUPPORT WEAPONS. 74,814 8,000 82,814
..................... Lightweight caliber [5,000]
.50 machine gun.
..................... Next generation [3,000]
helmet ballistic
materials technology.
079 0604604A MEDIUM TACTICAL VEHICLES. 5,683 10,000 15,683
..................... Medium tactical [10,000]
vehicle development.
080 0604609A SMOKE, OBSCURANT AND 978 978
TARGET DEFEATING SYS--
SDD.
081 0604622A FAMILY OF HEAVY TACTICAL 7,477 10,000 17,477
VEHICLES.
..................... Heavy tactical [10,000]
vehicle development.
082 0604633A AIR TRAFFIC CONTROL...... 7,578 7,578
083 0604646A NON-LINE OF SIGHT LAUNCH 88,660 88,660
SYSTEM.
084 0604647A NON-LINE OF SIGHT CANNON. 58,216 -58,216
..................... Excess termination [-58,216]
costs.
085 0604660A FCS MANNED GRD VEHICLES & 368,557 -323,557 45,000
COMMON GRD VEHICLE.
..................... Excess termination [-323,557]
costs.
086 0604661A FCS SYSTEMS OF SYSTEMS 1,067,191 1,067,191
ENGR & PROGRAM MGMT.
087 0604662A FCS RECONNAISSANCE (UAV) 68,701 68,701
PLATFORMS.
088 0604663A FCS UNMANNED GROUND 125,616 125,616
VEHICLES.
089 0604664A FCS UNATTENDED GROUND 26,919 26,919
SENSORS.
090 0604665A FCS SUSTAINMENT & 749,182 749,182
TRAINING R&D.
091 0604666A SPIN OUT TECHNOLOGY/
CAPABILITY INSERTION
092 0604710A NIGHT VISION SYSTEMS--SDD 55,410 55,410
093 0604713A COMBAT FEEDING, CLOTHING, 2,092 2,092
AND EQUIPMENT.
094 0604715A NON-SYSTEM TRAINING 30,209 3,000 33,209
DEVICES--SDD.
..................... Urban training [3,000]
development.
095 0604741A AIR DEFENSE COMMAND, 28,936 28,936
CONTROL AND
INTELLIGENCE--SDD.
096 0604742A CONSTRUCTIVE SIMULATION 33,213 33,213
SYSTEMS DEVELOPMENT.
097 0604746A AUTOMATIC TEST EQUIPMENT 15,320 15,320
DEVELOPMENT.
098 0604760A DISTRIBUTIVE INTERACTIVE 15,727 15,727
SIMULATIONS (DIS)--SDD.
099 0604778A POSITIONING SYSTEMS 9,446 9,446
DEVELOPMENT (SPACE).
100 0604780A COMBINED ARMS TACTICAL 26,243 26,243
TRAINER (CATT) CORE.
101 0604783A JOINT NETWORK MANAGEMENT
SYSTEM
102 0604802A WEAPONS AND MUNITIONS-- 34,878 7,500 42,378
SDD.
..................... Common guidance [7,500]
control module.
103 0604804A LOGISTICS AND ENGINEER 36,018 36,018
EQUIPMENT--SDD.
104 0604805A COMMAND, CONTROL, 88,995 88,995
COMMUNICATIONS SYSTEMS--
SDD.
105 0604807A MEDICAL MATERIEL/MEDICAL 33,893 33,893
BIOLOGICAL DEFENSE
EQUIPMENT--SDD.
106 0604808A LANDMINE WARFARE/BARRIER-- 82,260 82,260
SDD.
107 0604814A ARTILLERY MUNITIONS...... 42,452 42,452
108 0604817A COMBAT IDENTIFICATION.... 20,070 20,070
109 0604818A ARMY TACTICAL COMMAND & 90,864 90,864
CONTROL HARDWARE &
SOFTWARE.
110 0604820A RADAR DEVELOPMENT
111 0604822A GENERAL FUND ENTERPRISE 6,002 6,002
BUSINESS SYSTEM (GFEBS).
112 0604823A FIREFINDER............... 20,333 20,333
113 0604827A SOLDIER SYSTEMS--WARRIOR 19,786 19,786
DEM/VAL.
114 0604854A ARTILLERY SYSTEMS........ 23,318 58,216 81,534
..................... Accelerate Paladin [58,216]
integration
management.
115 0604869A PATRIOT/MEADS COMBINED 569,182 569,182
AGGREGATE PROGRAM (CAP).
116 0604870A NUCLEAR ARMS CONTROL 7,140 7,140
MONITORING SENSOR
NETWORK.
117 0605013A INFORMATION TECHNOLOGY 35,309 35,309
DEVELOPMENT.
118 0605450A JOINT AIR-TO-GROUND 127,439 127,439
MISSILE (JAGM).
119 0605625A MANNED GROUND VEHICLE.... 100,000 100,000
.....................
..................... SUBTOTAL, SYSTEM 4,640,455 -285,057 4,355,398
DEVELOPMENT &
DEMONSTRATION, ARMY.
.....................
..................... RDT&E MANAGEMENT SUPPORT
120 0604256A THREAT SIMULATOR 22,222 22,222
DEVELOPMENT.
121 0604258A TARGET SYSTEMS 13,615 13,615
DEVELOPMENT.
122 0604759A MAJOR T&E INVESTMENT..... 51,846 51,846
123 0605103A RAND ARROYO CENTER....... 16,305 16,305
124 0605301A ARMY KWAJALEIN ATOLL..... 163,514 163,514
125 0605326A CONCEPTS EXPERIMENTATION 23,445 23,445
PROGRAM.
126 0605502A SMALL BUSINESS INNOVATIVE
RESEARCH
127 0605601A ARMY TEST RANGES AND 354,693 25,600 380,293
FACILITIES.
..................... Program increase........ [25,600]
128 0605602A ARMY TECHNICAL TEST 72,911 10,000 82,911
INSTRUMENTATION AND
TARGETS.
..................... Common regional [3,000]
operational systems.
..................... Data fusion systems.. [2,500]
..................... Dugway field test [4,500]
improvements.
129 0605604A SURVIVABILITY/LETHALITY 45,016 45,016
ANALYSIS.
130 0605605A DOD HIGH ENERGY LASER 2,891 6,000 8,891
TEST FACILITY.
..................... Program increase..... [6,000]
131 0605606A AIRCRAFT CERTIFICATION... 3,766 3,766
132 0605702A METEOROLOGICAL SUPPORT TO 8,391 8,391
RDT&E ACTIVITIES.
133 0605706A MATERIEL SYSTEMS ANALYSIS 19,969 19,969
134 0605709A EXPLOITATION OF FOREIGN 5,432 5,432
ITEMS.
135 0605712A SUPPORT OF OPERATIONAL 77,877 77,877
TESTING.
136 0605716A ARMY EVALUATION CENTER... 66,309 66,309
137 0605718A ARMY MODELING & SIM X-CMD 5,357 5,357
COLLABORATION & INTEG.
138 0605801A PROGRAMWIDE ACTIVITIES... 77,823 77,823
139 0605803A TECHNICAL INFORMATION 51,620 51,620
ACTIVITIES.
140 0605805A MUNITIONS 45,053 2,200 47,253
STANDARDIZATION,
EFFECTIVENESS AND SAFETY.
..................... 3D woven preform [2,200]
technology for Army
munitions.
141 0605857A ENVIRONMENTAL QUALITY 5,191 5,191
TECHNOLOGY MGMT SUPPORT.
142 0605898A MANAGEMENT HQ--R&D....... 15,866 15,866
143 0909999A FINANCING FOR CANCELLED
ACCOUNT ADJUSTMENTS
.....................
..................... SUBTOTAL, RDT&E 1,149,112 43,800 1,192,912
MANAGEMENT SUPPORT, ARMY.
.....................
..................... OPERATIONAL SYSTEMS
DEVELOPMENT
144 0603778A MLRS PRODUCT IMPROVEMENT 27,693 27,693
PROGRAM.
145 0603820A WEAPONS CAPABILITY
MODIFICATIONS UAV
146 0102419A AEROSTAT JOINT PROJECT 360,076 -20,000 340,076
OFFICE.
..................... Program delay [-20,000]
reduction.
147 0203726A ADV FIELD ARTILLERY 23,727 23,727
TACTICAL DATA SYSTEM.
148 0203735A COMBAT VEHICLE 190,301 190,301
IMPROVEMENT PROGRAMS.
149 0203740A MANEUVER CONTROL SYSTEM.. 21,394 21,394
150 0203744A AIRCRAFT MODIFICATIONS/ 209,401 209,401
PRODUCT IMPROVEMENT
PROGRAMS.
151 0203752A AIRCRAFT ENGINE COMPONENT 792 792
IMPROVEMENT PROGRAM.
152 0203758A DIGITIZATION............. 10,692 10,692
153 0203759A FORCE XXI BATTLE COMMAND,
BRIGADE AND BELOW
(FBCB2)
154 0203801A MISSILE/AIR DEFENSE 39,273 39,273
PRODUCT IMPROVEMENT
PROGRAM.
155 0203802A OTHER MISSILE PRODUCT 5,000 5,000
IMPROVEMENT PROGRAMS.
..................... TOW LBS.............. [5,000]
156 0203808A TRACTOR CARD............. 20,035 20,035
157 0208010A JOINT TACTICAL
COMMUNICATIONS PROGRAM
(TRI-TAC)
158 0208053A JOINT TACTICAL GROUND 13,258 -13,258
SYSTEM.
..................... Joint Tactical Ground [-13,258]
System.
159 0208058A JOINT HIGH SPEED VESSEL 3,082 3,082
(JHSV).
160 0301359A SPECIAL ARMY PROGRAM..... [ ] [ ]
161 0303028A SECURITY AND INTELLIGENCE 2,144 5,000 7,144
ACTIVITIES.
..................... Collection management [5,000]
tools.
162 0303140A INFORMATION SYSTEMS 74,355 74,355
SECURITY PROGRAM.
163 0303141A GLOBAL COMBAT SUPPORT 144,733 144,733
SYSTEM.
164 0303142A SATCOM GROUND ENVIRONMENT 40,097 40,097
(SPACE).
165 0303150A WWMCCS/GLOBAL COMMAND AND 12,034 12,034
CONTROL SYSTEM.
166 0303158A JOINT COMMAND AND CONTROL 20,365 20,365
PROGRAM (JC2).
167 0305204A TACTICAL UNMANNED AERIAL 202,521 86,000 288,521
VEHICLES.
..................... A160 Afghanistan [86,000]
deployment.
168 0305208A DISTRIBUTED COMMON GROUND/ 188,414 188,414
SURFACE SYSTEMS.
169 0305287A BASE EXPED TARGETING
SURVEILLANCE SYS--
COMBINED
170 0307207A AERIAL COMMON SENSOR 210,035 210,035
(ACS).
171 0702239A AVIONICS COMPONENT
IMPROVEMENT PROGRAM
172 0708045A END ITEM INDUSTRIAL 68,466 37,250 105,716
PREPAREDNESS ACTIVITIES.
..................... Combat vehicle [30,000]
manufacturing
technology.
..................... Manufacturing [2,750]
metrology research.
..................... Smart machine [2,000]
platform initiative.
..................... Weapon systems repair [2,500]
technologies.
999 9999999 OTHER PROGRAMS........... 3,883 3,883
.....................
..................... SUBTOTAL, OPERATIONAL 1,886,771 99,992 1,986,763
SYSTEMS DEVELOPMENT,
ARMY.
.....................
..................... TOTAL, RDT&E ARMY........ 10,438,218 424,785 10,863,003
.....................
.....................
..................... RESEARCH, DEVELOPMENT,
TEST & EVALUATION, NAVY
.....................
..................... BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH 99,472 2,000 101,472
INITIATIVES.
..................... Blast and impact [2,000]
resistant structures.
002 0601152N IN-HOUSE LABORATORY 18,076 1,000 19,076
INDEPENDENT RESEARCH.
..................... S&T educational [1,000]
outreach.
003 0601153N DEFENSE RESEARCH SCIENCES 413,743 2,000 415,743
..................... Nanoscale research [2,000]
program.
.....................
..................... SUBTOTAL, BASIC RESEARCH, 531,291 5,000 536,291
NAVY.
.....................
..................... APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED 59,787 3,000 62,787
RESEARCH.
..................... Energetics research.. [3,000]
005 0602123N FORCE PROTECTION APPLIED 91,400 32,000 123,400
RESEARCH.
..................... Alternative energy [20,000]
research.
..................... Energy systems [4,000]
integration research.
..................... Port security [3,500]
technologies.
..................... Reconfigurable [2,500]
shipboard power
systems.
..................... SOF combatant [2,000]
research.
006 0602131M MARINE CORPS LANDING 39,308 39,308
FORCE TECHNOLOGY.
007 0602234N MATERIALS, ELECTRONICS
AND COMPUTER TECHNOLOGY
008 0602235N COMMON PICTURE APPLIED 83,163 83,163
RESEARCH.
009 0602236N WARFIGHTER SUSTAINMENT 104,169 5,000 109,169
APPLIED RESEARCH.
..................... Anti-reverse [1,000]
engineering
technologies.
..................... Asset lifecycle [4,000]
program.
010 0602271N ELECTROMAGNETIC SYSTEMS 64,816 3,000 67,816
APPLIED RESEARCH.
..................... Photonic digital [3,000]
radar systems.
011 0602435N OCEAN WARFIGHTING 48,750 5,500 54,250
ENVIRONMENT APPLIED
RESEARCH.
..................... Advanced UUV research [3,500]
..................... Laser underwater [2,000]
imaging and
communications
research.
012 0602651M JOINT NON-LETHAL WEAPONS 6,008 6,008
APPLIED RESEARCH.
013 0602747N UNDERSEA WARFARE APPLIED 55,694 3,750 59,444
RESEARCH.
..................... Littoral glider [3,000]
systems.
..................... Quiet power [750]
technologies.
014 0602782N MINE AND EXPEDITIONARY 40,880 2,000 42,880
WARFARE APPLIED RESEARCH.
..................... Electromagnetic [2,000]
signature assessment
system.
.....................
..................... SUBTOTAL, APPLIED 593,975 54,250 648,225
RESEARCH, NAVY.
.....................
..................... ADVANCED TECHNOLOGY
DEVELOPMENT
015 0603114N POWER PROJECTION ADVANCED 107,969 4,000 111,969
TECHNOLOGY.
..................... Mobile target [4,000]
tracking technologies.
016 0603123N FORCE PROTECTION ADVANCED 66,035 8,000 74,035
TECHNOLOGY.
..................... Advanced coatings for [3,000]
aviation components.
..................... Single generator [5,000]
operations lithium
ion battery.
017 0603235N COMMON PICTURE ADVANCED 108,394 -59,100 49,294
TECHNOLOGY.
..................... High-integrity GPS... [-59,100]
018 0603236N WARFIGHTER SUSTAINMENT 86,239 86,239
ADVANCED TECHNOLOGY.
019 0603271N ELECTROMAGNETIC SYSTEMS 65,827 65,827
ADVANCED TECHNOLOGY.
020 0603640M USMC ADVANCED TECHNOLOGY 107,363 9,500 116,863
DEMONSTRATION (ATD).
..................... Acoustic combat [7,500]
sensors.
..................... Unmanned vehicle [2,000]
conversion kits.
021 0603651M JOINT NON-LETHAL WEAPONS 10,998 10,998
TECHNOLOGY DEVELOPMENT.
022 0603729N WARFIGHTER PROTECTION 18,609 18,609
ADVANCED TECHNOLOGY.
023 0603747N UNDERSEA WARFARE ADVANCED 68,037 68,037
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING 52,643 52,643
EXPERIMENTS AND
DEMONSTRATIONS.
025 0603782N MINE AND EXPEDITIONARY 28,782 28,782
WARFARE ADVANCED
TECHNOLOGY.
.....................
..................... SUBTOTAL, ADVANCED 720,896 -37,600 683,296
TECHNOLOGY DEVELOPMENT,
NAVY.
.....................
..................... ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
026 0603207N AIR/OCEAN TACTICAL 116,082 1,400 117,482
APPLICATIONS.
..................... Semi-submersible for [1,400]
UUV sensor
developments.
027 0603216N AVIATION SURVIVABILITY... 6,505 6,505
028 0603237N DEPLOYABLE JOINT COMMAND 6,032 6,032
AND CONTROL.
029 0603254N ASW SYSTEMS DEVELOPMENT.. 16,585 4,000 20,585
..................... Sonobuoy wave energy [4,000]
module.
030 0603261N TACTICAL AIRBORNE 7,713 7,713
RECONNAISSANCE.
031 0603382N ADVANCED COMBAT SYSTEMS 1,677 1,677
TECHNOLOGY.
032 0603502N SURFACE AND SHALLOW WATER 76,739 76,739
MINE COUNTERMEASURES.
033 0603506N SURFACE SHIP TORPEDO 57,538 57,538
DEFENSE.
034 0603512N CARRIER SYSTEMS 173,594 173,594
DEVELOPMENT.
035 0603513N SHIPBOARD SYSTEM 1,691 9,300 10,991
COMPONENT DEVELOPMENT.
..................... DDG-51 hybrid [9,300]
propulsion system.
036 0603525N PILOT FISH............... 79,194 79,194
037 0603527N RETRACT LARCH............ 99,757 99,757
038 0603536N RETRACT JUNIPER.......... 120,752 120,752
039 0603542N RADIOLOGICAL CONTROL..... 1,372 1,372
040 0603553N SURFACE ASW.............. 21,995 21,995
041 0603561N ADVANCED SUBMARINE SYSTEM 551,836 551,836
DEVELOPMENT.
042 0603562N SUBMARINE TACTICAL 10,172 10,172
WARFARE SYSTEMS.
043 0603563N SHIP CONCEPT ADVANCED 22,541 5,820 28,361
DESIGN.
..................... Remote monitoring & [5,820]
troubleshooting
project.
044 0603564N SHIP PRELIMINARY DESIGN & 28,135 28,135
FEASIBILITY STUDIES.
045 0603570N ADVANCED NUCLEAR POWER 259,887 259,887
SYSTEMS.
046 0603573N ADVANCED SURFACE 5,599 5,599
MACHINERY SYSTEMS.
047 0603576N CHALK EAGLE.............. 443,555 443,555
048 0603581N LITTORAL COMBAT SHIP 360,518 360,518
(LCS).
049 0603582N COMBAT SYSTEM INTEGRATION 22,558 22,558
050 0603609N CONVENTIONAL MUNITIONS... 3,458 3,458
051 0603611M MARINE CORPS ASSAULT 293,466 293,466
VEHICLES.
052 0603612M USMC MINE COUNTERMEASURES
SYSTEMS--ADV DEV
053 0603635M MARINE CORPS GROUND 73,798 -7,500 66,298
COMBAT/SUPPORT SYSTEM.
..................... Model-based [4,500]
management decision
tools.
..................... Premature JLTV [-12,000]
program growth.
054 0603654N JOINT SERVICE EXPLOSIVE 21,054 21,054
ORDNANCE DEVELOPMENT.
055 0603658N COOPERATIVE ENGAGEMENT... 56,586 56,586
056 0603713N OCEAN ENGINEERING 17,328 17,328
TECHNOLOGY DEVELOPMENT.
057 0603721N ENVIRONMENTAL PROTECTION. 20,661 20,661
058 0603724N NAVY ENERGY PROGRAM...... 8,476 1,774 10,250
..................... Fuel cell and [2,500]
hydrogen generation
technologies.
..................... Molten carbonate fuel [3,000]
cell demonstrator.
..................... Solar heat reflective [4,750]
film development.
..................... Unjustified request.. [-8,476]
059 0603725N FACILITIES IMPROVEMENT... 4,002 4,002
060 0603734N CHALK CORAL.............. 70,772 70,772
061 0603739N NAVY LOGISTIC 4,301 5,000 9,301
PRODUCTIVITY.
..................... Highly integrated [4,000]
optical interconnects
for advanced air
vehicles.
..................... RFID technology [1,000]
exploitation.
062 0603746N RETRACT MAPLE............ 210,237 210,237
063 0603748N LINK PLUMERIA............ 69,313 69,313
064 0603751N RETRACT ELM.............. 152,151 152,151
065 0603755N SHIP SELF DEFENSE........ 6,960 6,960
066 0603764N LINK EVERGREEN........... 123,660 123,660
067 0603787N SPECIAL PROCESSES........ 54,115 54,115
068 0603790N NATO RESEARCH AND 10,194 10,194
DEVELOPMENT.
069 0603795N LAND ATTACK TECHNOLOGY... 1,238 1,238
070 0603851M NONLETHAL WEAPONS........ 46,971 46,971
071 0603860N JOINT PRECISION APPROACH 150,304 150,304
AND LANDING SYSTEMS.
072 0603879N SINGLE INTEGRATED AIR 52,716 52,716
PICTURE (SIAP) SYSTEM
ENGINEER (SE).
073 0603889N COUNTERDRUG RDT&E
PROJECTS
074 0603925N DIRECTED ENERGY AND 5,003 5,003
ELECTRIC WEAPON SYSTEMS.
075 0604272N TACTICAL AIR DIRECTIONAL 63,702 63,702
INFRARED COUNTERMEASURES
(TADIRCM).
076 0604450N JOINT AIR-TO-GROUND
MISSILE (JAGM)
077 0604653N JOINT COUNTER RADIO 67,843 67,843
CONTROLLED IED
ELECTRONIC WARFARE
(JCREW).
078 0604659N PRECISION STRIKE WEAPONS 40,926 40,926
DEVELOPMENT PROGRAM.
079 0604707N SPACE AND ELECTRONIC 42,533 42,533
WARFARE (SEW)
ARCHITECTURE/ENGINEERING
SUPPORT.
.....................
..................... SUBTOTAL, ADVANCED 4,163,795 19,794 4,183,589
COMPONENT DEVELOPMENT &
PROTOTYPES, NAVY.
.....................
..................... SYSTEM DEVELOPMENT &
DEMONSTRATION
080 0604212N OTHER HELO DEVELOPMENT... 54,092 54,092
081 0604214N AV-8B AIRCRAFT--ENG DEV.. 20,886 20,886
082 0604215N STANDARDS DEVELOPMENT.... 53,540 53,540
083 0604216N MULTI-MISSION HELICOPTER 81,953 81,953
UPGRADE DEVELOPMENT.
084 0604218N AIR/OCEAN EQUIPMENT 7,485 7,485
ENGINEERING.
085 0604221N P-3 MODERNIZATION PROGRAM 3,659 3,659
086 0604230N WARFARE SUPPORT SYSTEM... 6,307 6,307
087 0604231N TACTICAL COMMAND SYSTEM.. 86,462 86,462
088 0604234N ADVANCED HAWKEYE......... 364,557 364,557
089 0604245N H-1 UPGRADES............. 32,830 32,830
090 0604261N ACOUSTIC SEARCH SENSORS.. 56,369 56,369
091 0604262N V-22A.................... 89,512 89,512
092 0604264N AIR CREW SYSTEMS 14,265 14,265
DEVELOPMENT.
093 0604269N EA-18.................... 55,446 55,446
094 0604270N ELECTRONIC WARFARE 97,635 97,635
DEVELOPMENT.
095 0604273N VH-71A EXECUTIVE HELO 85,240 85,240
DEVELOPMENT.
096 0604274N NEXT GENERATION JAMMER 127,970 127,970
(NGJ).
097 0604280N JOINT TACTICAL RADIO 876,374 876,374
SYSTEM--NAVY (JTRS-NAVY).
098 0604300N SC-21 TOTAL SHIP SYSTEM
ENGINEERING
099 0604307N SURFACE COMBATANT COMBAT 178,459 178,459
SYSTEM ENGINEERING.
100 0604311N LPD-17 CLASS SYSTEMS 5,304 5,304
INTEGRATION.
101 0604329N SMALL DIAMETER BOMB (SDB) 43,902 43,902
102 0604366N STANDARD MISSILE 182,197 182,197
IMPROVEMENTS.
103 0604373N AIRBORNE MCM............. 48,712 48,712
104 0604378N NAVAL INTEGRATED FIRE 11,727 11,727
CONTROL--COUNTER AIR
SYSTEMS ENGINEERING.
105 0604501N ADVANCED ABOVE WATER 236,078 50,000 286,078
SENSORS.
..................... Mobile maritime [50,000]
sensor technology
development.
106 0604503N SSN-688 AND TRIDENT 122,733 5,000 127,733
MODERNIZATION.
..................... SSN Communications... [5,000]
107 0604504N AIR CONTROL.............. 6,533 6,533
108 0604512N SHIPBOARD AVIATION 80,623 80,623
SYSTEMS.
109 0604518N COMBAT INFORMATION CENTER 13,305 13,305
CONVERSION.
110 0604558N NEW DESIGN SSN........... 154,756 11,000 165,756
..................... Common command & [9,000]
control system module.
..................... Mold-in-place coating [2,000]
development.
111 0604561N SSN-21 DEVELOPMENTS
112 0604562N SUBMARINE TACTICAL 59,703 13,000 72,703
WARFARE SYSTEM.
..................... Artificial [5,000]
Intelligence-based
combat system kernel.
..................... Submarine environment [4,000]
for evaluation &
development.
..................... Weapon acquisition & [4,000]
firing system.
113 0604567N SHIP CONTRACT DESIGN/LIVE 89,988 2,000 91,988
FIRE T&E.
..................... Automated fiber optic [2,000]
manufacturing.
114 0604574N NAVY TACTICAL COMPUTER 4,620 4,620
RESOURCES.
115 0604601N MINE DEVELOPMENT......... 2,249 2,249
116 0604610N LIGHTWEIGHT TORPEDO 21,105 21,105
DEVELOPMENT.
117 0604654N JOINT SERVICE EXPLOSIVE 10,327 10,327
ORDNANCE DEVELOPMENT.
118 0604703N PERSONNEL, TRAINING, 5,898 5,898
SIMULATION, AND HUMAN
FACTORS.
119 0604727N JOINT STANDOFF WEAPON 10,022 10,022
SYSTEMS.
120 0604755N SHIP SELF DEFENSE (DETECT 35,459 5,000 40,459
& CONTROL).
..................... AUSV................. [5,000]
121 0604756N SHIP SELF DEFENSE 34,236 12,000 46,236
(ENGAGE: HARD KILL).
..................... Phalanx Next [12,000]
Generation.
122 0604757N SHIP SELF DEFENSE 88,895 9,000 97,895
(ENGAGE: SOFT KILL/EW).
..................... NULKA decoy R&D...... [9,000]
123 0604761N INTELLIGENCE ENGINEERING. 14,438 14,438
124 0604771N MEDICAL DEVELOPMENT...... 9,888 10,500 20,388
..................... Composite tissue [2,000]
transplantation
research.
..................... Custom body implant [2,000]
development.
..................... Multivalent dengue [3,500]
vaccine program.
..................... Orthopedic surgery [3,000]
instrumentation.
125 0604777N NAVIGATION/ID SYSTEM..... 63,184 63,184
126 0604784N DISTRIBUTED SURVEILLANCE
SYSTEM
127 0604800N JOINT STRIKE FIGHTER 1,741,296 141,450 1,882,746
(JSF).
..................... F136 development..... [219,450]
..................... Excess management [-78,000]
reserves.
128 0605013M INFORMATION TECHNOLOGY 9,868 9,868
DEVELOPMENT.
129 0605013N INFORMATION TECHNOLOGY 69,026 12,000 81,026
DEVELOPMENT.
..................... Information systems [7,000]
research.
..................... Integrated network- [5,000]
centric technology
systems.
130 0605212N CH-53K RDTE.............. 554,827 554,827
131 0605430N C/KC-130 AVIONICS
MODERNIZATION PROGRAM
(AMP)
132 0605450N JOINT AIR-TO-GROUND 81,434 81,434
MISSILE (JAGM).
133 0605500N MULTI-MISSION MARITIME 1,162,417 1,162,417
AIRCRAFT (MMA).
134 0204201N CG(X).................... 150,022 150,022
135 0204202N DDG-1000................. 539,053 539,053
136 0304785N TACTICAL CRYPTOLOGIC 19,016 19,016
SYSTEMS.
.....................
..................... SUBTOTAL SYSTEM 7,975,882 270,950 8,246,832
DEVELOPMENT &
DEMONSTRATION, NAVY.
.....................
..................... RDT&E MANAGEMENT SUPPORT
137 0604256N THREAT SIMULATOR 25,534 25,534
DEVELOPMENT.
138 0604258N TARGET SYSTEMS 79,603 79,603
DEVELOPMENT.
139 0604759N MAJOR T&E INVESTMENT..... 44,844 5,000 49,844
..................... Aviation enterprise [5,000]
interoperability
upgrades.
140 0605152N STUDIES AND ANALYSIS 11,422 11,422
SUPPORT--NAVY.
141 0605154N CENTER FOR NAVAL ANALYSES 49,821 49,821
142 0605502N SMALL BUSINESS INNOVATIVE
RESEARCH
143 0605804N TECHNICAL INFORMATION 735 735
SERVICES.
144 0605853N MANAGEMENT, TECHNICAL & 60,590 60,590
INTERNATIONAL SUPPORT.
145 0605856N STRATEGIC TECHNICAL 3,633 3,633
SUPPORT.
146 0605861N RDT&E SCIENCE AND 70,942 70,942
TECHNOLOGY MANAGEMENT.
147 0605862N RDT&E INSTRUMENTATION
MODERNIZATION
148 0605863N RDT&E SHIP AND AIRCRAFT 193,353 193,353
SUPPORT.
149 0605864N TEST AND EVALUATION 380,733 380,733
SUPPORT.
150 0605865N OPERATIONAL TEST AND 12,010 12,010
EVALUATION CAPABILITY.
151 0605866N NAVY SPACE AND ELECTRONIC 2,703 2,703
WARFARE (SEW) SUPPORT.
152 0605867N SEW SURVEILLANCE/ 20,921 20,921
RECONNAISSANCE SUPPORT.
153 0605873M MARINE CORPS PROGRAM WIDE 19,004 19,004
SUPPORT.
154 0305885N TACTICAL CRYPTOLOGIC 2,464 2,464
ACTIVITIES.
155 0804758N SERVICE SUPPORT TO JFCOM, 4,197 4,197
JNTC.
156 0909999N FINANCING FOR CANCELLED
ACCOUNT ADJUSTMENTS
.....................
..................... SUBTOTAL, RDT&E 982,509 5,000 987,509
MANAGEMENT SUPPORT, NAVY.
.....................
..................... OPERATIONAL SYSTEMS
DEVELOPMENT
158 0604227N HARPOON MODIFICATIONS
159 0604402N UNMANNED COMBAT AIR 311,204 311,204
VEHICLE (UCAV) ADVANCED
COMPONENT AND PROTOTYPE
DEVELOPMENT.
160 0101221N STRATEGIC SUB & WEAPONS 74,939 1,170 76,109
SYSTEM SUPPORT.
..................... LINAC................ [1,170]
161 0101224N SSBN SECURITY TECHNOLOGY 34,479 34,479
PROGRAM.
162 0101226N SUBMARINE ACOUSTIC 7,211 7,211
WARFARE DEVELOPMENT.
163 0101402N NAVY STRATEGIC 43,982 43,982
COMMUNICATIONS.
164 0203761N RAPID TECHNOLOGY 39,125 39,125
TRANSITION (RTT).
165 0204136N F/A-18 SQUADRONS......... 127,733 127,733
166 0204152N E-2 SQUADRONS............ 63,058 63,058
167 0204163N FLEET TELECOMMUNICATIONS 37,431 37,431
(TACTICAL).
168 0204229N TOMAHAWK AND TOMAHAWK 13,238 13,238
MISSION PLANNING CENTER
(TMPC).
169 0204311N INTEGRATED SURVEILLANCE 24,835 24,835
SYSTEM.
170 0204413N AMPHIBIOUS TACTICAL 2,324 2,324
SUPPORT UNITS
(DISPLACEMENT CRAFT).
171 0204571N CONSOLIDATED TRAINING 49,293 49,293
SYSTEMS DEVELOPMENT.
172 0204574N CRYPTOLOGIC DIRECT 1,609 1,609
SUPPORT.
173 0204575N ELECTRONIC WARFARE (EW) 37,524 37,524
READINESS SUPPORT.
174 0205601N HARM IMPROVEMENT......... 30,045 30,045
175 0205604N TACTICAL DATA LINKS...... 25,003 25,003
176 0205620N SURFACE ASW COMBAT SYSTEM 41,803 41,803
INTEGRATION.
177 0205632N MK-48 ADCAP.............. 28,438 28,438
178 0205633N AVIATION IMPROVEMENTS.... 135,840 135,840
179 0205658N NAVY SCIENCE ASSISTANCE 3,716 3,716
PROGRAM.
180 0205675N OPERATIONAL NUCLEAR POWER 72,031 72,031
SYSTEMS.
181 0206313M MARINE CORPS 287,348 287,348
COMMUNICATIONS SYSTEMS.
182 0206623M MARINE CORPS GROUND 120,379 8,200 128,579
COMBAT/SUPPORTING ARMS
SYSTEMS.
..................... Expandable rigid wall [1,300]
composite shelters.
..................... Marine personnel [3,000]
carrier support
system.
..................... Ultrasonic armor [3,900]
consolidation.
183 0206624M MARINE CORPS COMBAT 17,057 1,000 18,057
SERVICES SUPPORT.
..................... High performance [1,000]
capabilities for
military vehicles.
184 0206625M USMC INTELLIGENCE/ 30,167 30,167
ELECTRONIC WARFARE
SYSTEMS (MIP).
185 0207161N TACTICAL AIM MISSILES.... 2,298 2,298
186 0207163N ADVANCED MEDIUM RANGE AIR- 3,604 3,604
TO-AIR MISSILE (AMRAAM).
187 0208058N JOINT HIGH SPEED VESSEL 8,431 8,431
(JHSV).
188 0301303N MARITIME INTELLIGENCE.... [ ] [ ]
189 0301323N COLLECTION MANAGEMENT.... [ ] [ ]
190 0301327N TECHNICAL RECONNAISSANCE [ ] [ ]
AND SURVEILLANCE.
191 0301372N CYBER SECURITY [ ] [ ]
INITIATIVE--GDIP.
192 0303109N SATELLITE COMMUNICATIONS 474,009 -32,000 442,009
(SPACE).
..................... MUOS program transfer [-32,000]
to WPN.
193 0303138N CONSOLIDATED AFLOAT 45,513 45,513
NETWORK ENTERPRISE
SERVICES (CANES).
194 0303140N INFORMATION SYSTEMS 24,226 3,500 27,726
SECURITY PROGRAM.
..................... Policy decision point [3,500]
for Consolidated
Afloat Networks and
Enterprise Services.
195 0303158M JOINT COMMAND AND CONTROL 2,453 2,453
PROGRAM (JC2).
196 0303158N JOINT COMMAND AND CONTROL 4,139 4,139
PROGRAM (JC2).
197 0305149N COBRA JUDY............... 62,061 62,061
198 0305160N NAVY METEOROLOGICAL AND 28,094 28,094
OCEAN SENSORS--SPACE
(METOC).
199 0305192N MILITARY INTELLIGENCE 4,600 4,600
PROGRAM (MIP) ACTIVITIES.
200 0305204N TACTICAL UNMANNED AERIAL 8,971 8,971
VEHICLES.
201 0305205N ENDURANCE UNMANNED AERIAL
VEHICLES
202 0305206N AIRBORNE RECONNAISSANCE 46,208 46,208
SYSTEMS.
203 0305207N MANNED RECONNAISSANCE 22,599 22,599
SYSTEMS.
204 0305208N DISTRIBUTED COMMON GROUND/ 18,079 18,079
SURFACE SYSTEMS.
205 0305220N RQ-4 UAV................. 465,839 465,839
206 0305231N MQ-8 UAV................. 25,639 25,639
207 0305232M RQ-11 UAV................ 553 553
208 0305233N RQ-7 UAV................. 986 986
209 0305234M SMALL (LEVEL 0) TACTICAL 18,763 18,763
UAS (STUASL0).
210 0305234N SMALL (LEVEL 0) TACTICAL 23,594 23,594
UAS (STUASL0).
211 0307207N AERIAL COMMON SENSOR
(ACS)
212 0307217N EP-3E REPLACEMENT (EPX).. 11,976 11,976
213 0308601N MODELING AND SIMULATION 8,028 8,028
SUPPORT.
214 0702207N DEPOT MAINTENANCE (NON- 14,675 14,675
IF).
215 0702239N AVIONICS COMPONENT 2,725 2,725
IMPROVEMENT PROGRAM.
216 0708011N INDUSTRIAL PREPAREDNESS.. 56,691 7,500 64,191
..................... Integrated [5,000]
manufacturing
enterprise.
..................... Life extension of [2,500]
weapon system
structures research.
217 0708730N MARITIME TECHNOLOGY 20,000 20,000
(MARITECH).
..................... National Shipbuilding [20,000]
Research Program.
999 9999999 OTHER PROGRAMS........... 1,258,018 1,258,018
.....................
..................... SUBTOTAL, OPERATIONAL 4,302,584 9,370 4,311,954
SYSTEMS DEVELOPMENT,
RDT&E.
.....................
..................... TOTAL, RDT&E NAVY........ 19,270,932 326,764 19,597,696
.....................
.....................
..................... RESEARCH, DEVELOPMENT,
TEST & EVALUATION, AIR
FORCE
.....................
..................... BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES 321,028 2,500 323,528
..................... Coal transformation [1,000]
research.
..................... Nanotechnology for [1,500]
portable power
research.
002 0601103F UNIVERSITY RESEARCH 132,249 13,500 145,749
INITIATIVES.
..................... Cybersecurity for [4,000]
control networks
research.
..................... End-user software [2,000]
safeguard research.
..................... Informatics research. [1,500]
..................... Information security [4,000]
research.
..................... Integrated design and [2,000]
manufacturing
research.
003 0601108F HIGH ENERGY LASER 12,834 12,834
RESEARCH INITIATIVES.
004 0301555F CLASSIFIED PROGRAMS...... [ ] [ ]
005 0301556F SPECIAL PROGRAM.......... [ ] [ ]
.....................
..................... SUBTOTAL, BASIC RESEARCH, 466,111 16,000 482,111
AIR FORCE.
.....................
..................... APPLIED RESEARCH
006 0602015F MEDICAL DEVELOPMENT
007 0602102F MATERIALS................ 127,957 19,750 147,707
..................... Advanced aerospace [3,000]
heat exchangers.
..................... Aircraft active [2,000]
corrosion protection
systems.
..................... Energy and automation [4,000]
technologies.
..................... Energy efficiency, [4,000]
recovery, and
generation systems.
..................... Health monitoring [2,000]
sensors for aerospace
components.
..................... Intelligent [1,000]
manufacturing
research.
..................... Light alloy aerospace [1,000]
and automotive parts
development.
..................... Mid-infrared laser [2,750]
source research.
008 0602201F AEROSPACE VEHICLE 127,129 2,500 129,629
TECHNOLOGIES.
..................... Unmanned aerial [2,500]
system collaboration
technologies.
009 0602202F HUMAN EFFECTIVENESS 85,122 85,122
APPLIED RESEARCH.
010 0602203F AEROSPACE PROPULSION..... 196,529 18,000 214,529
..................... Hybrid bearing [1,000]
development.
..................... Integrated electrical [2,500]
starter/generator
systems.
..................... Lithium battery [5,000]
manufacturing.
..................... Lithium ion [2,000]
technologies for
aviation batteries.
..................... Scramjet research.... [3,500]
..................... Thermally efficient [4,000]
engine pumping system.
011 0602204F AEROSPACE SENSORS........ 121,768 121,768
012 0602601F SPACE TECHNOLOGY......... 104,148 9,500 113,648
..................... Reconfigurable [2,000]
electronics research.
..................... Seismic research [7,500]
program.
013 0602602F CONVENTIONAL MUNITIONS... 58,289 58,289
014 0602605F DIRECTED ENERGY 105,677 -5,750 99,927
TECHNOLOGY.
..................... Chemical laser [-5,750]
technology.
015 0602702F COMMAND CONTROL AND
COMMUNICATIONS
016 0602788F DOMINANT INFORMATION 115,278 115,278
SCIENCES AND METHODS.
017 0602890F HIGH ENERGY LASER 52,754 -4,100 48,654
RESEARCH.
..................... Advanced deformable [2,000]
mirrors for high
energy laser weapons.
..................... Chemical laser [-6,100]
technology.
.....................
..................... SUBTOTAL, APPLIED 1,094,651 39,900 1,134,551
RESEARCH, AIR FORCE.
.....................
..................... ADVANCED TECHNOLOGY
DEVELOPMENT
018 0603112F ADVANCED MATERIALS FOR 37,901 14,000 51,901
WEAPON SYSTEMS.
..................... Metals Affordability [7,000]
Initiative.
..................... Sewage-derived [5,000]
biofuels program.
..................... Sonic infrared [2,000]
imaging technology
development.
019 0603199F SUSTAINMENT SCIENCE AND 2,955 2,955
TECHNOLOGY (S&T).
020 0603203F ADVANCED AEROSPACE 51,482 4,000 55,482
SENSORS.
..................... Reconfigurable secure [4,000]
computing
technologies.
021 0603211F AEROSPACE TECHNOLOGY DEV/ 76,844 76,844
DEMO.
022 0603216F AEROSPACE PROPULSION AND 175,676 39,500 215,176
POWER TECHNOLOGY.
..................... Alternative energy [20,000]
research.
..................... Long range supersonic [10,000]
engine for high speed
strike.
..................... Scalable UAV engines. [3,500]
..................... Silicon carbide power [6,000]
electronics research.
023 0603231F CREW SYSTEMS AND
PERSONNEL PROTECTION
TECHNOLOGY
024 0603270F ELECTRONIC COMBAT 31,021 31,021
TECHNOLOGY.
025 0603401F ADVANCED SPACECRAFT 83,909 83,909
TECHNOLOGY.
026 0603444F MAUI SPACE SURVEILLANCE 5,813 5,813
SYSTEM (MSSS).
027 0603456F HUMAN EFFECTIVENESS 24,565 24,565
ADVANCED TECHNOLOGY
DEVELOPMENT.
028 0603601F CONVENTIONAL WEAPONS 14,356 14,356
TECHNOLOGY.
029 0603605F ADVANCED WEAPONS 30,056 30,056
TECHNOLOGY.
030 0603680F MANUFACTURING TECHNOLOGY 39,913 3,250 43,163
PROGRAM.
..................... Next generation [3,250]
casting initiative.
031 0603788F BATTLESPACE KNOWLEDGE 39,708 2,500 42,208
DEVELOPMENT AND
DEMONSTRATION.
..................... Optical interconnects [2,500]
research.
032 0603789F C3I ADVANCED DEVELOPMENT
033 0603924F HIGH ENERGY LASER 3,831 3,831
ADVANCED TECHNOLOGY
PROGRAM.
.....................
..................... SUBTOTAL, ADVANCED 618,030 63,250 681,280
TECHNOLOGY DEVELOPMENT,
AIR FORCE.
.....................
..................... ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
034 0603260F INTELLIGENCE ADVANCED 5,009 5,009
DEVELOPMENT.
035 0603287F PHYSICAL SECURITY 3,623 3,623
EQUIPMENT.
036 0603421F NAVSTAR GLOBAL
POSITIONING SYSTEM III
037 0603423F GLOBAL POSITIONING SYSTEM
III--OPERATIONAL CONTROL
SEGMENT
038 0603430F ADVANCED EHF MILSATCOM 464,335 464,335
(SPACE).
039 0603432F POLAR MILSATCOM (SPACE).. 253,150 253,150
040 0603438F SPACE CONTROL TECHNOLOGY. 97,701 12,500 110,201
..................... Space protection [6,500]
program.
..................... Space situational [6,000]
awareness.
041 0603742F COMBAT IDENTIFICATION 27,252 27,252
TECHNOLOGY.
042 0603790F NATO RESEARCH AND 4,351 4,351
DEVELOPMENT.
043 0603791F INTERNATIONAL SPACE 632 632
COOPERATIVE R&D.
044 0603845F TRANSFORMATIONAL SATCOM
(TSAT)
045 0603850F INTEGRATED BROADCAST 20,739 20,739
SERVICE.
046 0603851F INTERCONTINENTAL 66,079 -5,000 61,079
BALLISTIC MISSILE.
..................... Program decrease..... [-5,000]
047 0603854F WIDEBAND GLOBAL SATCOM 70,956 70,956
RDT&E (SPACE).
048 0603859F POLLUTION PREVENTION..... 2,896 2,896
049 0603860F JOINT PRECISION APPROACH 23,174 23,174
AND LANDING SYSTEMS.
050 0604015F NEXT GENERATION BOMBER
051 0604283F BATTLE MGMT COM & CTRL 22,612 22,612
SENSOR DEVELOPMENT.
052 0604327F HARD AND DEEPLY BURIED 20,891 20,891
TARGET DEFEAT SYSTEM
(HDBTDS) PROGRAM.
053 0604330F JOINT DUAL ROLE AIR 6,882 6,882
DOMINANCE MISSILE.
054 0604337F REQUIREMENTS ANALYSIS AND 35,533 35,533
MATURATION.
055 0604635F GROUND ATTACK WEAPONS 18,778 18,778
FUZE DEVELOPMENT.
056 0604796F ALTERNATIVE FUELS........ 89,020 89,020
057 0604830F AUTOMATED AIR-TO-AIR 43,158 43,158
REFUELING.
058 0604856F COMMON AERO VEHICLE (CAV)
059 0604857F OPERATIONALLY RESPONSIVE 112,861 170,000 282,861
SPACE.
..................... ORS smallsat imaging [115,000]
prototyping.
..................... ORS-1................ [40,000]
..................... RSLV................. [15,000]
060 0604858F TECH TRANSITION PROGRAM.. 9,611 9,611
061 0305178F NATIONAL POLAR-ORBITING 396,641 80,000 476,641
OPERATIONAL
ENVIRONMENTAL SATELLITE
SYSTEM (NPOESS).
..................... Program increase..... [80,000]
061a 604xxxxF NEXT GENERATION MILSATCOM 53,000 53,000
TECHNOLOGY DEVELOPMENT.
..................... IRIS................. [3,000]
..................... Next generation [50,000]
MILSATCOM technology
development.
.....................
..................... SUBTOTAL, ADVANCED 1,795,884 310,500 2,106,384
COMPONENT DEVELOPMENT &
PROTOTYPES, AIR FORCE.
.....................
..................... SYSTEM DEVELOPMENT &
DEMONSTRATION
062 0603840F GLOBAL BROADCAST SERVICE 31,124 31,124
(GBS).
063 0604222F NUCLEAR WEAPONS SUPPORT.. 37,860 37,860
064 0604226F B-1B..................... 2,000 2,000
..................... B-1B AESA radar...... [2,000]
065 0604233F SPECIALIZED UNDERGRADUATE 6,227 6,227
FLIGHT TRAINING.
066 0604240F B-2 ADVANCED TECHNOLOGY
BOMBER
067 0604261F PERSONNEL RECOVERY
SYSTEMS
068 0604270F ELECTRONIC WARFARE 97,275 97,275
DEVELOPMENT.
069 0604281F TACTICAL DATA NETWORKS 88,444 88,444
ENTERPRISE.
070 0604287F PHYSICAL SECURITY 50 50
EQUIPMENT.
071 0604329F SMALL DIAMETER BOMB (SDB) 153,815 153,815
072 0604421F COUNTERSPACE SYSTEMS..... 64,248 64,248
073 0604425F SPACE SITUATION AWARENESS 308,134 308,134
SYSTEMS.
074 0604429F AIRBORNE ELECTRONIC 11,107 11,107
ATTACK.
075 0604441F SPACE BASED INFRARED 512,642 15,000 527,642
SYSTEM (SBIRS) HIGH EMD.
..................... HEO ground and data [15,000]
exploitation.
076 0604443F THIRD GENERATION INFRARED 143,169 143,169
SURVEILLANCE (3GIRS).
077 0604602F ARMAMENT/ORDNANCE 18,671 18,671
DEVELOPMENT.
078 0604604F SUBMUNITIONS............. 1,784 1,784
079 0604617F AGILE COMBAT SUPPORT..... 11,261 11,261
080 0604706F LIFE SUPPORT SYSTEMS..... 10,711 10,711
081 0604735F COMBAT TRAINING RANGES... 29,718 29,718
082 0604740F INTEGRATED COMMAND & 10 10
CONTROL APPLICATIONS
(IC2A).
083 0604750F INTELLIGENCE EQUIPMENT... 1,495 1,495
084 0604800F JOINT STRIKE FIGHTER 1,858,055 141,450 1,999,505
(JSF).
..................... F136 development..... [219,450]
..................... Excess management [-78,000]
reserves.
085 0604851F INTERCONTINENTAL 60,010 60,010
BALLISTIC MISSILE.
086 0604853F EVOLVED EXPENDABLE LAUNCH 26,545 12,000 38,545
VEHICLE PROGRAM (SPACE).
..................... EELV metric tracking. [12,000]
087 0605011F RDT&E FOR AGING AIRCRAFT
088 0605221F NEXT GENERATION AERIAL 439,615 439,615
REFUELING AIRCRAFT.
089 0605277F CSAR-X RDT&E............. 89,975 -89,975
..................... Use available prior [-89,975]
year funds.
090 0605278F HC/MC-130 RECAP RDT&E.... 20,582 20,582
091 0605452F JOINT SIAP EXECUTIVE 34,877 34,877
PROGRAM OFFICE.
092 0207434F LINK-16 SUPPORT AND
SUSTAINMENT
093 0207450F E-10 SQUADRONS
094 0207451F SINGLE INTEGRATED AIR 13,466 13,466
PICTURE (SIAP).
095 0207701F FULL COMBAT MISSION 99,807 99,807
TRAINING.
096 0305176F COMBAT SURVIVOR EVADER
LOCATOR
097 0401138F JOINT CARGO AIRCRAFT 9,353 9,353
(JCA).
098 0401318F CV-22.................... 19,640 19,640
099 0401845F AIRBORNE SENIOR LEADER C3 20,056 20,056
(SLC3S).
.....................
..................... SUBTOTAL, SYSTEM 4,219,726 80,475 4,300,201
DEVELOPMENT &
DEMONSTRATION, AIR FORCE.
.....................
..................... RDT&E MANAGEMENT SUPPORT
100 0604256F THREAT SIMULATOR 27,789 27,789
DEVELOPMENT.
101 0604759F MAJOR T&E INVESTMENT..... 60,824 5,000 65,824
..................... Holloman High Speed [5,000]
Test Track.
102 0605101F RAND PROJECT AIR FORCE... 27,501 27,501
103 0605502F SMALL BUSINESS INNOVATION
RESEARCH
104 0605712F INITIAL OPERATIONAL TEST 25,833 25,833
& EVALUATION.
105 0605807F TEST AND EVALUATION 736,488 20,000 756,488
SUPPORT.
..................... Program increase........ [20,000]
106 0605860F ROCKET SYSTEMS LAUNCH 14,637 14,637
PROGRAM (SPACE).
107 0605864F SPACE TEST PROGRAM (STP). 47,215 47,215
108 0605976F FACILITIES RESTORATION 52,409 52,409
AND MODERNIZATION--TEST
AND EVALUATION SUPPORT.
109 0605978F FACILITIES SUSTAINMENT-- 29,683 29,683
TEST AND EVALUATION
SUPPORT.
110 0702806F ACQUISITION AND 18,947 18,947
MANAGEMENT SUPPORT.
111 0804731F GENERAL SKILL TRAINING... 1,450 1,450
112 0909999F FINANCING FOR CANCELLED
ACCOUNT ADJUSTMENTS
113 1001004F INTERNATIONAL ACTIVITIES. 3,748 3,748
.....................
..................... SUBTOTAL, RDT&E 1,046,524 25,000 1,071,524
MANAGEMENT SUPPORT, AIR
FORCE.
.....................
..................... OPERATIONAL SYSTEMS
DEVELOPMENT
114 0604263F COMMON VERTICAL LIFT 9,513 9,513
SUPPORT PLATFORM.
115 0605024F ANTI-TAMPER TECHNOLOGY 47,276 47,276
EXECUTIVE AGENCY.
116 0605798F ANALYSIS SUPPORT GROUP... [ ] [ ]
117 0101113F B-52 SQUADRONS........... 93,930 93,930
118 0101122F AIR-LAUNCHED CRUISE 3,652 3,652
MISSILE (ALCM).
119 0101126F B-1B SQUADRONS........... 148,025 148,025
120 0101127F B-2 SQUADRONS............ 415,414 415,414
121 0101313F STRAT WAR PLANNING 33,836 33,836
SYSTEM--USSTRATCOM.
122 0101314F NIGHT FIST--USSTRATCOM... 5,328 5,328
123 0101815F ADVANCED STRATEGIC [ ] [ ]
PROGRAMS.
124 0102325F ATMOSPHERIC EARLY WARNING 9,832 9,832
SYSTEM.
125 0102326F REGION/SECTOR OPERATION 25,734 25,734
CONTROL CENTER
MODERNIZATION PROGRAM.
126 0102823F STRATEGIC AEROSPACE 18 18
INTELLIGENCE SYSTEM
ACTIVITIES.
127 0203761F WARFIGHTER RAPID 11,996 11,996
ACQUISITION PROCESS
(WRAP) RAPID TRANSITION
FUND.
128 0205219F MQ-9 UAV................. 39,245 39,245
129 0207040F MULTI-PLATFORM ELECTRONIC 14,747 14,747
WARFARE EQUIPMENT.
130 0207131F A-10 SQUADRONS........... 9,697 9,697
131 0207133F F-16 SQUADRONS........... 141,020 141,020
132 0207134F F-15E SQUADRONS.......... 311,167 311,167
133 0207136F MANNED DESTRUCTIVE 10,748 10,748
SUPPRESSION.
134 0207138F F-22A SQUADRONS.......... 569,345 569,345
135 0207161F TACTICAL AIM MISSILES.... 5,915 5,915
136 0207163F ADVANCED MEDIUM RANGE AIR- 49,971 49,971
TO-AIR MISSILE (AMRAAM).
137 0207170F JOINT HELMET MOUNTED 2,529 2,529
CUEING SYSTEM (JHMCS).
138 0207227F COMBAT RESCUE--PARARESCUE 2,950 2,950
139 0207247F AF TENCAP................ 11,643 11,643
140 0207249F PRECISION ATTACK SYSTEMS 2,950 2,950
PROCUREMENT.
141 0207253F COMPASS CALL............. 13,019 13,019
142 0207268F AIRCRAFT ENGINE COMPONENT 166,563 166,563
IMPROVEMENT PROGRAM.
143 0207277F CSAF INNOVATION PROGRAM.. 4,621 4,621
144 0207325F JOINT AIR-TO-SURFACE 29,494 29,494
STANDOFF MISSILE (JASSM).
145 0207410F AIR & SPACE OPERATIONS 99,405 99,405
CENTER (AOC).
146 0207412F CONTROL AND REPORTING 52,508 52,508
CENTER (CRC).
147 0207417F AIRBORNE WARNING AND 176,040 176,040
CONTROL SYSTEM (AWACS).
148 0207418F TACTICAL AIRBORNE CONTROL
SYSTEMS
149 0207423F ADVANCED COMMUNICATIONS 63,782 63,782
SYSTEMS.
150 0207424F EVALUATION AND ANALYSIS [ ] [ ]
PROGRAM.
151 0207431F COMBAT AIR INTELLIGENCE 1,475 1,475
SYSTEM ACTIVITIES.
152 0207438F THEATER BATTLE MANAGEMENT 19,067 19,067
(TBM) C4I.
153 0207445F FIGHTER TACTICAL DATA 72,106 72,106
LINK.
154 0207446F BOMBER TACTICAL DATA LINK
155 0207448F C2ISR TACTICAL DATA LINK. 1,667 1,667
156 0207449F COMMAND AND CONTROL (C2) 26,792 26,792
CONSTELLATION.
157 0207581F JOINT SURVEILLANCE/TARGET 140,670 92,000 232,670
ATTACK RADAR SYSTEM
(JSTARS).
..................... MP-RTIP integration & [92,000]
test on JSTARS
aircraft.
158 0207590F SEEK EAGLE............... 22,071 22,071
159 0207601F USAF MODELING AND 27,245 27,245
SIMULATION.
160 0207605F WARGAMING AND SIMULATION 7,018 7,018
CENTERS.
161 0207697F DISTRIBUTED TRAINING AND 6,740 6,740
EXERCISES.
162 0208006F MISSION PLANNING SYSTEMS. 91,995 91,995
163 0208021F INFORMATION WARFARE 12,271 12,271
SUPPORT.
164 0208161F SPECIAL EVALUATION SYSTEM [ ] [ ]
165 0301310F NATIONAL AIR INTELLIGENCE [ ] [ ]
CENTER.
166 0301314F COBRA BALL............... [ ] [ ]
167 0301315F MISSILE AND SPACE [ ] [ ]
TECHNICAL COLLECTION.
168 0301324F FOREST GREEN............. [ ] [ ]
169 0301386F GDIP COLLECTION [ ] [ ]
MANAGEMENT.
170 0302015F E-4B NATIONAL AIRBORNE 26,107 26,107
OPERATIONS CENTER (NAOC).
171 0303112F AIR FORCE COMMUNICATIONS
(AIRCOM)
172 0303131F MINIMUM ESSENTIAL 72,694 72,694
EMERGENCY COMMUNICATIONS
NETWORK (MEECN).
173 0303140F INFORMATION SYSTEMS 196,621 196,621
SECURITY PROGRAM.
174 0303141F GLOBAL COMBAT SUPPORT 3,375 3,375
SYSTEM.
175 0303150F GLOBAL COMMAND AND 3,149 3,149
CONTROL SYSTEM.
176 0303158F JOINT COMMAND AND CONTROL 3,087 3,087
PROGRAM (JC2).
177 0303601F MILSATCOM TERMINALS...... 257,693 257,693
179 0304260F AIRBORNE SIGINT 176,989 176,989
ENTERPRISE.
180 0304311F SELECTED ACTIVITIES...... [ ] [ ]
181 0304348F ADVANCED GEOSPATIAL [ ] [ ]
INTELLIGENCE (AGI).
182 0305099F GLOBAL AIR TRAFFIC 6,028 6,028
MANAGEMENT (GATM).
183 0305103F CYBER SECURITY INITIATIVE 2,065 2,065
184 0305110F SATELLITE CONTROL NETWORK 20,991 20,991
(SPACE).
185 0305111F WEATHER SERVICE.......... 33,531 33,531
186 0305114F AIR TRAFFIC CONTROL, 9,006 9,006
APPROACH, AND LANDING
SYSTEM (ATCALS).
187 0305116F AERIAL TARGETS........... 54,807 54,807
188 0305124F SPECIAL APPLICATIONS [ ] [ ]
PROGRAM.
189 0305127F FOREIGN [ ] [ ]
COUNTERINTELLIGENCE
ACTIVITIES.
190 0305128F SECURITY AND 742 742
INVESTIGATIVE ACTIVITIES.
191 0305142F APPLIED TECHNOLOGY AND [ ] [ ]
INTEGRATION.
192 0305146F DEFENSE JOINT 39 39
COUNTERINTELLIGENCE
ACTIVITIES.
194 0305164F NAVSTAR GLOBAL 137,692 137,692
POSITIONING SYSTEM (USER
EQUIPMENT) (SPACE).
195 0305165F NAVSTAR GLOBAL 52,039 52,039
POSITIONING SYSTEM
(SPACE AND CONTROL
SEGMENTS).
196 0305172F COMBINED ADVANCED [ ] [ ]
APPLICATIONS.
197 0305173F SPACE AND MISSILE TEST 3,599 3,599
AND EVALUATION CENTER.
198 0305174F SPACE WARFARE CENTER..... 3,009 3,009
199 0305182F SPACELIFT RANGE SYSTEM 9,957 9,957
(SPACE).
200 0305193F INTELLIGENCE SUPPORT TO 1,240 1,240
INFORMATION OPERATIONS
(IO).
201 0305202F DRAGON U-2
202 0305205F ENDURANCE UNMANNED AERIAL 73,736 -35,000 38,736
VEHICLES.
..................... ISIS................. [-35,000]
203 0305206F AIRBORNE RECONNAISSANCE 143,892 -46,000 97,892
SYSTEMS.
..................... GORGON STARE......... [-46,000]
204 0305207F MANNED RECONNAISSANCE 12,846 12,846
SYSTEMS.
205 0305208F DISTRIBUTED COMMON GROUND/ 82,765 82,765
SURFACE SYSTEMS.
206 0305219F MQ-1 PREDATOR A UAV...... 18,101 4,000 22,101
..................... Sense and avoid...... [4,000]
207 0305220F RQ-4 UAV................. 317,316 317,316
208 0305221F NETWORK-CENTRIC 8,160 8,160
COLLABORATIVE TARGETING.
209 0305265F GPS III SPACE SEGMENT.... 815,095 815,095
210 0305614F JSPOC MISSION SYSTEM..... 131,271 6,000 137,271
..................... Karnac............... [6,000]
211 0305887F INTELLIGENCE SUPPORT TO 5,267 5,267
INFORMATION WARFARE.
212 0305906F NCMC--TW/AA SYSTEM
213 0305913F NUDET DETECTION SYSTEM 84,021 84,021
(SPACE).
214 0305924F NATIONAL SECURITY SPACE 10,634 10,634
OFFICE.
215 0305940F SPACE SITUATION AWARENESS 54,648 54,648
OPERATIONS.
216 0307141F INFORMATION OPERATIONS 30,076 30,076
TECHNOLOGY INTEGRATION &
TOOL DEVELOPMENT.
217 0308699F SHARED EARLY WARNING 3,082 3,082
(SEW).
218 0401115F C-130 AIRLIFT SQUADRON... 201,250 201,250
219 0401119F C-5 AIRLIFT SQUADRONS 95,266 95,266
(IF).
220 0401130F C-17 AIRCRAFT (IF)....... 161,855 161,855
221 0401132F C-130J PROGRAM........... 30,019 30,019
222 0401134F LARGE AIRCRAFT IR 31,784 31,784
COUNTERMEASURES (LAIRCM).
223 0401218F KC-135S.................. 10,297 10,297
224 0401219F KC-10S................... 35,586 35,586
225 0401221F KC-135 TANKER REPLACEMENT
226 0401314F OPERATIONAL SUPPORT 4,916 4,916
AIRLIFT.
227 0401839F AIR MOBILITY TACTICAL
DATA LINK
228 0408011F SPECIAL TACTICS/COMBAT 8,222 8,222
CONTROL.
229 0702207F DEPOT MAINTENANCE (NON- 1,508 1,508
IF).
230 0702976F FACILITIES RESTORATION &
MODERNIZATION--LOGISTICS
231 0708011F INDUSTRIAL PREPAREDNESS
232 0708610F LOGISTICS INFORMATION 246,483 246,483
TECHNOLOGY (LOGIT).
233 0708611F SUPPORT SYSTEMS 6,288 6,288
DEVELOPMENT.
234 0804743F OTHER FLIGHT TRAINING.... 805 805
235 0804757F JOINT NATIONAL TRAINING 3,220 3,220
CENTER.
236 0804772F TRAINING DEVELOPMENTS.... 1,769 1,769
237 0808716F OTHER PERSONNEL 116 116
ACTIVITIES.
238 0901202F JOINT PERSONNEL RECOVERY 6,376 5,000 11,376
AGENCY.
..................... Biometric signature [5,000]
and passive
physiological
monitoring.
239 0901212F SERVICE-WIDE SUPPORT (NOT
OTHERWISE ACCOUNTED FOR)
240 0901218F CIVILIAN COMPENSATION 8,174 8,174
PROGRAM.
241 0901220F PERSONNEL ADMINISTRATION. 10,492 10,492
242 0901538F FINANCIAL MANAGEMENT 55,991 55,991
INFORMATION SYSTEMS
DEVELOPMENT.
999 9999999 OTHER PROGRAMS........... 11,955,084 140,000 12,095,084
.....................
..................... SUBTOTAL, OPERATIONAL 18,751,901 166,000 18,917,901
SYSTEMS DEVELOPMENT, AIR
FORCE.
.....................
..................... TOTAL, RDT&E AIR FORCE... 27,992,827 701,125 28,693,952
.....................
.....................
..................... RESEARCH, DEVELOPMENT,
TEST & EVALUATION,
DEFENSE-WIDE
.....................
..................... BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH 48,544 48,544
INITIATIVE.
002 0601101E DEFENSE RESEARCH SCIENCES 226,125 226,125
003 0601111D8Z GOVERNMENT/INDUSTRY
COSPONSORSHIP OF
UNIVERSITY RESEARCH
004 0601114D8Z DEFENSE EXPERIMENTAL 8,000 8,000
PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
..................... Program Increase..... [8,000]
005 0601120D8Z NATIONAL DEFENSE 89,980 89,980
EDUCATION PROGRAM.
006 0601384BP CHEMICAL AND BIOLOGICAL 58,974 2,000 60,974
DEFENSE PROGRAM.
..................... In-vitro models for [2,000]
bio-defense vaccines.
.....................
..................... SUBTOTAL, BASIC RESEARCH, 423,623 10,000 433,623
DEFENSE-WIDE.
.....................
..................... APPLIED RESEARCH
007 0602000D8Z JOINT MUNITIONS 22,669 22,669
TECHNOLOGY.
008 0602227D8Z MEDICAL FREE ELECTRON
LASER
009 0602228D8Z HISTORICALLY BLACK 15,164 15,164
COLLEGES AND
UNIVERSITIES (HBCU)
SCIENCE.
010 0602234D8Z LINCOLN LABORATORY 34,034 34,034
RESEARCH PROGRAM.
011 0602303E INFORMATION & 282,749 -12,000 270,749
COMMUNICATIONS
TECHNOLOGY.
..................... Content distribution. [-4,500]
..................... CORONET.............. [-7,500]
012 0602304E COGNITIVE COMPUTING 142,840 -25,000 117,840
SYSTEMS.
..................... Cognitive networking. [-25,000]
013 0602383E BIOLOGICAL WARFARE 40,587 40,587
DEFENSE.
014 0602384BP CHEMICAL AND BIOLOGICAL 209,072 13,878 222,950
DEFENSE PROGRAM.
..................... Chemical and [3,000]
biological infrared
detector.
..................... Biological [1,000]
decontamination
research.
..................... Funding for [9,878]
meritorious unfunded
TMTI projects.
015 0602663D8Z JOINT DATA MANAGEMENT 4,940 4,940
ADVANCED DEVELOPMENT.
016 0602670D8Z HUMAN, SOCIAL AND CULTURE 9,446 9,446
BEHAVIOR MODELING (HSCB)
APPLIED RESEARCH.
017 0602702E TACTICAL TECHNOLOGY...... 276,075 -13,000 263,075
..................... EXACTO............... [-10,000]
..................... Submersible aircraft. [-3,000]
018 0602715E MATERIALS AND BIOLOGICAL 268,859 268,859
TECHNOLOGY.
019 0602716E ELECTRONICS TECHNOLOGY... 223,841 223,841
020 0602718BR WEAPONS OF MASS 219,130 2,000 221,130
DESTRUCTION DEFEAT
TECHNOLOGIES.
..................... Blast mitigation and [2,000]
protection.
021 1160401BB SPECIAL OPERATIONS 27,384 27,384
TECHNOLOGY DEVELOPMENT.
022 1160407BB SOF MEDICAL TECHNOLOGY
DEVELOPMENT
.....................
..................... SUBTOTAL, APPLIED 1,776,790 -34,122 1,742,668
RESEARCH, DEFENSE-WIDE.
.....................
..................... ADVANCED TECHNOLOGY
DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS ADVANCED 23,538 23,538
TECHNOLOGY.
024 0603121D8Z SO/LIC ADVANCED 43,808 43,808
DEVELOPMENT.
025 0603122D8Z COMBATING TERRORISM 81,868 6,000 87,868
TECHNOLOGY SUPPORT.
..................... Impact and blast [2,500]
loading laboratory
testing program.
..................... Reconnaissance and [3,500]
data exploitation
systems.
026 0603160BR COUNTERPROLIFERATION 233,203 233,203
INITIATIVES--PROLIFERATI
ON PREVENTION AND DEFEAT.
027 0603175C BALLISTIC MISSILE DEFENSE 109,760 109,760
TECHNOLOGY.
028 0603200D8Z JOINT ADVANCED CONCEPTS.. 7,817 3,000 10,817
..................... Joint Future Theater [3,000]
Lift joint advanced
concepts.
029 0603225D8Z JOINT DOD-DOE MUNITIONS 23,276 23,276
TECHNOLOGY DEVELOPMENT.
030 0603286E ADVANCED AEROSPACE 338,360 -106,000 232,360
SYSTEMS.
..................... Disc-rotor compound [-5,000]
helicopter.
..................... Endurance UAS [-90,000]
programs.
..................... Heliplane............ [-4,000]
..................... Triple target [-7,000]
terminator.
031 0603287E SPACE PROGRAMS AND 200,612 200,612
TECHNOLOGY.
032 0603384BP CHEMICAL AND BIOLOGICAL 282,235 282,235
DEFENSE PROGRAM--
ADVANCED DEVELOPMENT.
033 0603618D8Z JOINT ELECTRONIC ADVANCED 10,838 10,838
TECHNOLOGY.
034 0603648D8Z JOINT CAPABILITY 198,352 -25,000 173,352
TECHNOLOGY
DEMONSTRATIONS.
..................... JCTD new starts...... [-25,000]
035 0603662D8Z NETWORKED COMMUNICATIONS 28,212 28,212
CAPABILITIES.
036 0603663D8Z JOINT DATA MANAGEMENT 4,935 4,935
RESEARCH.
037 0603665D8Z BIOMETRICS SCIENCE AND 10,993 10,993
TECHNOLOGY.
038 0603670D8Z HUMAN, SOCIAL AND CULTURE 11,480 11,480
BEHAVIOR MODELING (HSCB)
ADVANCED DEVELOPMENT.
039 0603680D8Z DEFENSE-WIDE 14,638 10,000 24,638
MANUFACTURING SCIENCE
AND TECHNOLOGY PROGRAM.
..................... High performance [10,000]
defense manufacturing
technology.
040 0603711D8Z JOINT ROBOTICS PROGRAM/ 9,110 2,000 11,110
AUTONOMOUS SYSTEMS.
..................... Robotics training [2,000]
systems.
041 0603712S GENERIC LOGISTICS R&D 19,043 41,250 60,293
TECHNOLOGY
DEMONSTRATIONS.
..................... Alternative energy [20,000]
research.
..................... Biofuels program..... [4,000]
..................... Biomass conversion [2,500]
research.
..................... Fuel cell [3,750]
manufacturing
research.
..................... Renewable power for [3,000]
forward operating
bases.
..................... Vehicle fuel cell and [8,000]
hydrogen logistics
program.
042 0603713S DEPLOYMENT AND 29,356 29,356
DISTRIBUTION ENTERPRISE
TECHNOLOGY.
043 0603716D8Z STRATEGIC ENVIRONMENTAL 69,175 69,175
RESEARCH PROGRAM.
044 0603720S MICROELECTRONICS 26,310 26,310
TECHNOLOGY DEVELOPMENT
AND SUPPORT.
045 0603727D8Z JOINT WARFIGHTING PROGRAM 11,135 11,135
046 0603739E ADVANCED ELECTRONICS 205,912 205,912
TECHNOLOGIES.
047 0603745D8Z SYNTHETIC APERTURE RADAR 4,864 4,864
(SAR) COHERENT CHANGE
DETECTION (CDD).
048 0603750D8Z ADVANCED CONCEPT
TECHNOLOGY
DEMONSTRATIONS
049 0603755D8Z HIGH PERFORMANCE 221,286 3,000 224,286
COMPUTING MODERNIZATION
PROGRAM.
..................... Computational design [3,000]
of novel materials.
050 0603760E COMMAND, CONTROL AND 293,476 -10,000 283,476
COMMUNICATIONS SYSTEMS.
..................... Deep Green........... [-10,000]
051 0603764E LAND WARFARE TECHNOLOGY
052 0603765E CLASSIFIED DARPA PROGRAMS 186,526 186,526
053 0603766E NETWORK-CENTRIC WARFARE 135,941 135,941
TECHNOLOGY.
054 0603767E SENSOR TECHNOLOGY........ 243,056 -7,500 235,556
..................... SUDS................. [-7,500]
055 0603768E GUIDANCE TECHNOLOGY...... 37,040 37,040
056 0603769SE DISTRIBUTED LEARNING 13,822 13,822
ADVANCED TECHNOLOGY
DEVELOPMENT.
057 0603781D8Z SOFTWARE ENGINEERING 31,298 31,298
INSTITUTE.
058 0603805S DUAL USE TECHNOLOGY
059 0603826D8Z QUICK REACTION SPECIAL 107,984 -13,200 94,784
PROJECTS.
..................... Quick Reaction Fund.. [-15,000]
..................... Special warfare [1,800]
domain awareness.
060 0603828D8Z JOINT EXPERIMENTATION.... 124,480 -5,000 119,480
..................... Space control and GPS [-5,000]
experimentation.
061 0603832D8Z DOD MODELING AND 38,505 38,505
SIMULATION MANAGEMENT
OFFICE.
062 0603941D8Z TEST & EVALUATION SCIENCE 95,734 95,734
& TECHNOLOGY.
063 0603942D8Z TECHNOLOGY TRANSFER...... 2,219 2,219
064 0909999D8Z FINANCING FOR CANCELLED
ACCOUNT ADJUSTMENTS
065 1160402BB SPECIAL OPERATIONS 31,675 1,600 33,275
ADVANCED TECHNOLOGY
DEVELOPMENT.
..................... Lithium ion battery [1,600]
safety research.
066 1160422BB AVIATION ENGINEERING 3,544 3,544
ANALYSIS.
067 1160472BB SOF INFORMATION AND 4,988 4,988
BROADCAST SYSTEMS
ADVANCED TECHNOLOGY.
.....................
..................... SUBTOTAL, ADVANCED 3,570,404 -99,850 3,470,554
TECHNOLOGY DEVELOPMENT,
DEFENSE-WIDE.
.....................
..................... ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
068 0603161D8Z NUCLEAR AND CONVENTIONAL 36,019 36,019
PHYSICAL SECURITY
EQUIPMENT RDT&E ADC&P.
069 0603228D8Z PHYSICAL SECURITY
EQUIPMENT
070 0603527D8Z RETRACT LARCH............ 21,718 21,718
071 0603709D8Z JOINT ROBOTICS PROGRAM... 11,803 11,803
072 0603714D8Z ADVANCED SENSOR 17,771 17,771
APPLICATIONS PROGRAM.
073 0603851D8Z ENVIRONMENTAL SECURITY 31,613 31,613
TECHNICAL CERTIFICATION
PROGRAM.
074 0603881C BALLISTIC MISSILE DEFENSE 719,465 719,465
TERMINAL DEFENSE SEGMENT.
075 0603882C BALLISTIC MISSILE DEFENSE 982,922 982,922
MIDCOURSE DEFENSE
SEGMENT.
076 0603883C BALLISTIC MISSILE DEFENSE 186,697 186,697
BOOST DEFENSE SEGMENT.
077 0603884BP CHEMICAL AND BIOLOGICAL 205,952 2,000 207,952
DEFENSE PROGRAM.
..................... Real-time non- [2,000]
specific viral agent
detector.
078 0603884C BALLISTIC MISSILE DEFENSE 636,856 5,000 641,856
SENSORS.
..................... Airborne infrared [5,000]
surveillance
technology.
079 0603886C BALLISTIC MISSILE DEFENSE
SYSTEM INTERCEPTOR
080 0603888C BALLISTIC MISSILE DEFENSE 966,752 966,752
TEST & TARGETS.
081 0603890C BMD ENABLING PROGRAMS.... 369,145 369,145
082 0603891C SPECIAL PROGRAMS--MDA.... 301,566 301,566
083 0603892C AEGIS BMD................ 1,690,758 -30,000 1,660,758
..................... Excess to execution.. [-30,000]
084 0603893C SPACE TRACKING & 180,000 180,000
SURVEILLANCE SYSTEM.
085 0603894C MULTIPLE KILL VEHICLE
086 0603895C BALLISTIC MISSILE DEFENSE 12,549 12,549
SYSTEM SPACE PROGRAMS.
087 0603896C BALLISTIC MISSILE DEFENSE 340,014 340,014
COMMAND AND CONTROL,
BATTLE MANAGEMENT AND
COMMUNICATION.
088 0603897C BALLISTIC MISSILE DEFENSE 48,186 48,186
HERCULES.
089 0603898C BALLISTIC MISSILE DEFENSE 60,921 60,921
JOINT WARFIGHTER SUPPORT.
090 0603904C MISSILE DEFENSE 86,949 86,949
INTEGRATION & OPERATIONS
CENTER (MDIOC).
091 0603906C REGARDING TRENCH......... 6,164 6,164
092 0603907C SEA BASED X-BAND RADAR 174,576 174,576
(SBX).
093 0603908C BMD EUROPEAN INTERCEPTOR
SITE
094 0603909C BMD EUROPEAN MIDCOURSE
RADAR
095 0603911C BMD EUROPEAN CAPABILITY.. 50,504 50,504
096 0603912C BMD EUROPEAN
COMMUNICATIONS SUPPORT
097 0603913C ISRAELI COOPERATIVE 119,634 25,000 144,634
PROGRAMS.
..................... Short-range ballistic [25,000]
missile defense.
098 0603920D8Z HUMANITARIAN DEMINING.... 14,687 14,687
099 0603923D8Z COALITION WARFARE........ 13,885 13,885
100 0604016D8Z DEPARTMENT OF DEFENSE 4,887 3,500 8,387
CORROSION PROGRAM.
..................... Corrosion control [3,500]
research.
101 0604400D8Z DEPARTMENT OF DEFENSE 55,289 55,289
(DOD) UNMANNED AIRCRAFT
SYSTEM (UAS) COMMON
DEVELOPMENT.
102 0604648D8Z JOINT CAPABILITY 18,577 18,577
TECHNOLOGY
DEMONSTRATIONS.
103 0604670D8Z HUMAN, SOCIAL AND CULTURE 7,006 7,006
BEHAVIOR MODELING (HSCB)
RESEARCH AND ENGINEERING.
104 0604787D8Z JOINT SYSTEMS INTEGRATION 19,744 50,000 69,744
COMMAND (JSIC).
..................... Systems engineering [50,000]
and prototyping
program.
105 0604828D8Z JOINT FIRES INTEGRATION 16,972 16,972
AND INTEROPERABILITY
TEAM.
106 0605017D8Z REDUCTION OF TOTAL 24,647 24,647
OWNERSHIP COST.
107 0303191D8Z JOINT ELECTROMAGNETIC 3,949 3,949
TECHNOLOGY (JET) PROGRAM.
.....................
..................... SUBTOTAL, ADVANCED 7,438,177 55,500 7,493,677
COMPONENT DEVELOPMENT &
PROTOTYPES, DEFENSE-WIDE.
.....................
..................... SYSTEM DEVELOPMENT &
DEMONSTRATION
108 0604051D8Z DEFENSE ACQUISITION 28,862 28,862
CHALLENGE PROGRAM (DACP).
109 0604161D8Z NUCLEAR AND CONVENTIONAL 7,628 7,628
PHYSICAL SECURITY
EQUIPMENT RDT&E SDD.
110 0604165D8Z PROMPT GLOBAL STRIKE 166,913 166,913
CAPABILITY DEVELOPMENT.
111 0604384BP CHEMICAL AND BIOLOGICAL 332,895 332,895
DEFENSE PROGRAM.
112 0604709D8Z JOINT ROBOTICS PROGRAM... 5,127 5,127
113 0604764K ADVANCED IT SERVICES 39,911 39,911
JOINT PROGRAM OFFICE
(AITS-JPO).
114 0604771D8Z JOINT TACTICAL 20,633 20,633
INFORMATION DISTRIBUTION
SYSTEM (JTIDS).
115 0605000BR WEAPONS OF MASS 8,735 8,735
DESTRUCTION DEFEAT
CAPABILITIES.
116 0605013BL INFORMATION TECHNOLOGY 11,705 11,705
DEVELOPMENT.
117 0605018BTA DEFENSE INTEGRATED 70,000 70,000
MILITARY HUMAN RESOURCES
SYSTEM (DIMHRS).
118 0605020BTA BUSINESS TRANSFORMATION 197,008 197,008
AGENCY R&D ACTIVITIES.
119 0605021SE HOMELAND PERSONNEL 395 395
SECURITY INITIATIVE.
120 0605027D8Z OUSD(C) IT DEVELOPMENT 5,000 5,000
INITIATIVES.
121 0605140D8Z TRUSTED FOUNDRY.......... 41,223 41,223
122 0605648D8Z DEFENSE ACQUISITION 4,267 4,267
EXECUTIVE (DAE) PILOT
PROGRAM.
123 0303141K GLOBAL COMBAT SUPPORT 18,431 18,431
SYSTEM.
124 0303158K JOINT COMMAND AND CONTROL 49,047 49,047
PROGRAM (JC2).
.....................
..................... SUBTOTAL, SYSTEM 1,007,780 1,007,780
DEVELOPMENT &
DEMONSTRATION, DEFENSE-
WIDE.
.....................
..................... RDT&E MANAGEMENT SUPPORT
125 0807708D8Z WOUNDED ILL AND INJURED 1,609 1,609
SENIOR OVERSIGHT
COMMITTEE (WII-SOC)
STAFF OFFICE.
126 0603757D8Z TRAINING TRANSFORMATION
(T2)
127 0604774D8Z DEFENSE READINESS 13,121 13,121
REPORTING SYSTEM (DRRS).
128 0604875D8Z JOINT SYSTEMS 15,247 15,247
ARCHITECTURE DEVELOPMENT.
129 0604940D8Z CENTRAL TEST AND 145,052 4,000 149,052
EVALUATION INVESTMENT
DEVELOPMENT (CTEIP).
..................... SAM hardware [4,000]
simulators.
130 0604943D8Z THERMAL VICAR............ 9,045 9,045
131 0605100D8Z JOINT MISSION ENVIRONMENT 9,455 9,455
TEST CAPABILITY (JMETC).
132 0605104D8Z TECHNICAL STUDIES, 44,760 44,760
SUPPORT AND ANALYSIS.
133 0605110D8Z USD (A&T)--CRITICAL 4,914 4,914
TECHNOLOGY SUPPORT.
134 0605117D8Z FOREIGN MATERIAL 94,921 94,921
ACQUISITION AND
EXPLOITATION.
135 0605126J JOINT INTEGRATED AIR AND 96,909 96,909
MISSILE DEFENSE
ORGANIZATION (JIAMDO).
136 0605128D8Z CLASSIFIED PROGRAM USD(P)
137 0605130D8Z FOREIGN COMPARATIVE 35,054 35,054
TESTING.
138 0605161D8Z NUCLEAR MATTERS-PHYSICAL 6,474 6,474
SECURITY.
139 0605170D8Z SUPPORT TO NETWORKS AND 14,916 14,916
INFORMATION INTEGRATION.
140 0605200D8Z GENERAL SUPPORT TO USD 5,888 5,888
(INTELLIGENCE).
141 0605384BP CHEMICAL AND BIOLOGICAL 106,477 106,477
DEFENSE PROGRAM.
142 0605502BR SMALL BUSINESS INNOVATION
RESEARCH
143 0605502C SMALL BUSINESS INNOVATIVE
RESEARCH--MDA
144 0605502D8Z SMALL BUSINESS INNOVATIVE
RESEARCH
145 0605502E SMALL BUSINESS INNOVATIVE
RESEARCH
146 0605502S SMALL BUSINESS INNOVATIVE
RESEARCH
147 0605790D8Z SMALL BUSINESS INNOVATION 2,163 3,000 5,163
RESEARCH/CHALLENGE
ADMINISTRATION.
..................... Anti-tamper software [3,000]
systems.
148 0605798D8Z DEFENSE TECHNOLOGY 11,005 11,005
ANALYSIS.
149 0605798S DEFENSE TECHNOLOGY
ANALYSIS
150 0605799D8Z FORCE TRANSFORMATION 19,981 19,981
DIRECTORATE.
151 0605801KA DEFENSE TECHNICAL 54,411 54,411
INFORMATION CENTER
(DTIC).
152 0605803SE R&D IN SUPPORT OF DOD 19,554 19,554
ENLISTMENT, TESTING AND
EVALUATION.
153 0605804D8Z DEVELOPMENT TEST AND 23,512 23,512
EVALUATION.
154 0605897E DARPA AGENCY RELOCATION.. 45,000 45,000
155 0605898E MANAGEMENT HQ--R&D....... 51,055 51,055
156 0606100D8Z BUDGET AND PROGRAM 5,929 5,929
ASSESSMENTS.
157 0606301D8Z AVIATION SAFETY 8,000 8,000
TECHNOLOGIES.
158 0204571J JOINT STAFF ANALYTICAL 1,250 1,250
SUPPORT.
159 0301555G CLASSIFIED PROGRAMS...... [ ] [ ]
160 0301556G SPECIAL PROGRAM.......... [ ] [ ]
161 0303166D8Z SUPPORT TO INFORMATION 30,604 30,604
OPERATIONS (IO)
CAPABILITIES.
162 0303169D8Z INFORMATION TECHNOLOGY 4,667 4,667
RAPID ACQUISITION.
163 0305103E CYBER SECURITY INITIATIVE 50,000 -19,600 30,400
..................... Program decrease..... [-19,600]
164 0305193D8Z INTELLIGENCE SUPPORT TO 20,648 20,648
INFORMATION OPERATIONS
(IO).
165 0305193G INTELLIGENCE SUPPORT TO [ ] [ ]
INFORMATION OPERATIONS
(IO).
166 0305400D8Z WARFIGHTING AND 829 829
INTELLIGENCE-RELATED
SUPPORT.
167 0804767D8Z COCOM EXERCISE ENGAGEMENT 34,306 34,306
AND TRAINING
TRANSFORMATION (CE2T2).
168 0901585C PENTAGON RESERVATION..... 19,709 19,709
169 0901598C MANAGEMENT HQ--MDA....... 57,403 57,403
170 0901598D8W IT SOFTWARE DEV 980 980
INITIATIVES.
.....................
..................... SUBTOTAL, RDT&E 1,064,848 -12,600 1,052,248
MANAGEMENT SUPPORT,
DEFENSE-WIDE.
.....................
..................... OPERATIONAL SYSTEMS
DEVELOPMENT
171 0604130V DEFENSE INFORMATION 1,384 1,384
SYSTEM FOR SECURITY
(DISS).
172 0605127T REGIONAL INTERNATIONAL 2,001 2,001
OUTREACH (RIO) AND
PARTNERSHIP FOR PEACE
INFORMATION MANA.
173 0605147T OVERSEAS HUMANITARIAN 292 292
ASSISTANCE SHARED
INFORMATION SYSTEM
(OHASIS).
174 0607384BP CHEMICAL AND BIOLOGICAL 6,198 6,198
DEFENSE (OPERATIONAL
SYSTEMS DEVELOPMENT).
175 0607828D8Z JOINT INTEGRATION AND 46,214 46,214
INTEROPERABILITY.
176 0204571J JOINT STAFF ANALYTICAL
SUPPORT
177 0208043J CLASSIFIED PROGRAMS...... 2,179 2,179
178 0208045K C4I INTEROPERABILITY..... 74,786 74,786
180 0301144K JOINT/ALLIED COALITION 10,767 10,767
INFORMATION SHARING.
181 0301301L GENERAL DEFENSE [ ] [ ]
INTELLIGENCE PROGRAM.
182 0301318BB HUMINT (CONTROLLED)...... [ ] [ ]
183 0301371G CYBER SECURITY [ ] [ ]
INITIATIVE--CCP.
184 0301372L CYBER SECURITY [ ] [ ]
INITIATIVE--GDIP.
185 0301555BZ CLASSIFIED PROGRAMS...... [ ] [ ]
186 0301556BZ SPECIAL PROGRAM.......... [ ] [ ]
187 0302016K NATIONAL MILITARY COMMAND 548 548
SYSTEM-WIDE SUPPORT.
188 0302019K DEFENSE INFO 17,655 17,655
INFRASTRUCTURE
ENGINEERING AND
INTEGRATION.
189 0303126K LONG-HAUL COMMUNICATIONS-- 9,406 9,406
DCS.
190 0303131K MINIMUM ESSENTIAL 9,830 9,830
EMERGENCY COMMUNICATIONS
NETWORK (MEECN).
191 0303135G PUBLIC KEY INFRASTRUCTURE 8,116 8,116
(PKI).
192 0303136G KEY MANAGEMENT 41,002 41,002
INFRASTRUCTURE (KMI).
193 0303140D8Z INFORMATION SYSTEMS 13,477 13,477
SECURITY PROGRAM.
194 0303140G INFORMATION SYSTEMS 408,316 1,800 410,116
SECURITY PROGRAM.
..................... Software assurance [1,800]
courseware.
195 0303140K INFORMATION SYSTEMS
SECURITY PROGRAM
196 0303148K DISA MISSION SUPPORT 1,205 1,205
OPERATIONS.
197 0303149J C4I FOR THE WARRIOR...... 4,098 4,098
198 0303150K GLOBAL COMMAND AND 23,761 23,761
CONTROL SYSTEM.
199 0303153K JOINT SPECTRUM CENTER.... 18,944 18,944
200 0303170K NET-CENTRIC ENTERPRISE 1,782 1,782
SERVICES (NCES).
201 0303260D8Z JOINT MILITARY DECEPTION 942 942
INITIATIVE.
202 0303610K TELEPORT PROGRAM......... 5,239 5,239
203 0304210BB SPECIAL APPLICATIONS FOR 16,381 16,381
CONTINGENCIES.
204 0304345BQ NATIONAL GEOSPATIAL- [ ] [ ]
INTELLIGENCE PROGRAM
(NGP).
206 0305103D8Z CYBER SECURITY INITIATIVE 993 993
207 0305103G CYBER SECURITY INITIATIVE [ ] [ ]
208 0305103K CYBER SECURITY INITIATIVE 10,080 10,080
209 0305125D8Z CRITICAL INFRASTRUCTURE 12,725 12,725
PROTECTION (CIP).
210 0305127BZ FOREIGN
COUNTERINTELLIGENCE
ACTIVITIES
211 0305127L FOREIGN [ ] [ ]
COUNTERINTELLIGENCE
ACTIVITIES.
212 0305146BZ DEFENSE JOINT [ ] [ ]
COUNTERINTELLIGENCE
ACTIVITIES.
213 0305146L DEFENSE JOINT [ ] [ ]
COUNTERINTELLIGENCE
ACTIVITIES.
214 0305183L DEFENSE HUMAN [ ] [ ]
INTELLIGENCE (HUMINT)
ACTIVITIES.
215 0305186D8Z POLICY R&D PROGRAMS...... 6,948 -6,000 948
..................... Program reduction.... [-6,000]
216 0305193L INTELLIGENCE SUPPORT TO
INFORMATION OPERATIONS
(IO)
217 0305199D8Z NET CENTRICITY........... 1,479 1,479
218 0305202G DRAGON U-2............... [ ] [ ]
219 0305206G AIRBORNE RECONNAISSANCE [ ] [ ]
SYSTEMS.
220 0305207G MANNED RECONNAISSANCE
SYSTEMS
221 0305208BB DISTRIBUTED COMMON GROUND/ 1,407 1,407
SURFACE SYSTEMS.
222 0305208BQ DISTRIBUTED COMMON GROUND/ [ ] [ ]
SURFACE SYSTEMS.
223 0305208G DISTRIBUTED COMMON GROUND/ [ ] [ ]
SURFACE SYSTEMS.
224 0305208K DISTRIBUTED COMMON GROUND/ 3,158 3,158
SURFACE SYSTEMS.
225 0305208L DISTRIBUTED COMMON GROUND/ [ ] [ ]
SURFACE SYSTEMS.
226 0305219BB MQ-1 PREDATOR A UAV...... 2,067 2,067
227 0305229G REAL-TIME ARCHITECTURE [ ] [ ]
DEVELOPMENT (RT10).
228 0305387D8Z HOMELAND DEFENSE 2,963 2,963
TECHNOLOGY TRANSFER
PROGRAM.
229 0305600D8Z INTERNATIONAL 1,389 1,389
INTELLIGENCE TECHNOLOGY
ASSESSMENT, ADVANCEMENT
AND INTEGRATION.
230 0305866L DIA SUPPORT TO SOUTHCOM
INTELLIGENCE ACTIVITIES
231 0305880L COMBATANT COMMAND
INTELLIGENCE OPERATIONS
232 0305883L HARD AND DEEPLY BURIED [ ] [ ]
TARGET (HDBT) INTEL
SUPPORT.
233 0305884L INTELLIGENCE PLANNING AND [ ] [4,000] [ ]
REVIEW ACTIVITIES.
..................... Technology [4,000]
applications for
security enhancement.
235 0305889G COUNTERDRUG INTELLIGENCE
SUPPORT
236 0307141G INFORMATION OPERATIONS [ ] [ ]
TECHNOLOGY INTEGRATION &
TOOL DEV.
237 0307207G AERIAL COMMON SENSOR [ ] [ ]
(ACS).
238 0708011S INDUSTRIAL PREPAREDNESS.. 20,514 40,000 60,514
..................... Advanced microcircuit [4,500]
emulation.
..................... Castings for improved [3,000]
defense readiness.
..................... Industrial Base [30,000]
Innovation Fund.
..................... Insensitive munitions [2,500]
manufacturing.
239 0708012S LOGISTICS SUPPORT 2,798 2,798
ACTIVITIES.
240 0902298J MANAGEMENT HEADQUARTERS 8,303 8,303
(JCS).
241 1001018D8Z NATO AGS................. 74,485 74,485
242 1105219BB MQ-9 UAV................. 4,380 4,380
243 1130435BB STORM
244 1160279BB SMALL BUSINESS INNOVATIVE
RESEARCH/SMALL BUS TECH
TRANSFER PILOT PROG
245 1160403BB SPECIAL OPERATIONS 82,621 82,621
AVIATION SYSTEMS
ADVANCED DEVELOPMENT.
246 1160404BB SPECIAL OPERATIONS 6,182 6,182
TACTICAL SYSTEMS
DEVELOPMENT.
247 1160405BB SPECIAL OPERATIONS 21,273 5,000 26,273
INTELLIGENCE SYSTEMS
DEVELOPMENT.
..................... Long endurance [5,000]
unattended ground
sensor technologies.
248 1160408BB SOF OPERATIONAL 60,310 60,310
ENHANCEMENTS.
249 1160421BB SPECIAL OPERATIONS CV-22 12,687 12,687
DEVELOPMENT.
250 1160423BB JOINT MULTI-MISSION 43,412 43,412
SUBMERSIBLE.
251 1160425BB SPECIAL OPERATIONS
AIRCRAFT DEFENSIVE
SYSTEMS
252 1160426BB OPERATIONS ADVANCED SEAL 1,321 1,321
DELIVERY SYSTEM (ASDS)
DEVELOPMENT.
253 1160427BB MISSION TRAINING AND 3,192 3,192
PREPARATION SYSTEMS
(MTPS).
254 1160428BB UNMANNED VEHICLES (UV)
255 1160429BB MC130J SOF TANKER 5,957 5,957
RECAPITALIZATION.
256 1160474BB SOF COMMUNICATIONS 733 733
EQUIPMENT AND
ELECTRONICS SYSTEMS.
257 1160476BB SOF TACTICAL RADIO 2,368 2,368
SYSTEMS.
258 1160477BB SOF WEAPONS SYSTEMS...... 1,081 1,081
259 1160478BB SOF SOLDIER PROTECTION 597 597
AND SURVIVAL SYSTEMS.
260 1160479BB SOF VISUAL AUGMENTATION, 3,369 3,369
LASERS AND SENSOR
SYSTEMS.
261 1160480BB SOF TACTICAL VEHICLES.... 1,973 1,973
262 1160482BB SOF ROTARY WING AVIATION. 18,863 18,863
263 1160483BB SOF UNDERWATER SYSTEMS... 3,452 3,452
264 1160484BB SOF SURFACE CRAFT........ 12,250 12,250
265 1160488BB SOF PSYOP................ 9,887 9,887
266 1160489BB SOF GLOBAL VIDEO 4,944 4,944
SURVEILLANCE ACTIVITIES.
267 1160490BB SOF OPERATIONAL 11,547 11,547
ENHANCEMENTS
INTELLIGENCE.
999 9999999 OTHER PROGRAMS........... 4,273,689 4,000 4,277,689
.....................
..................... SUBTOTAL, OPERATIONAL 5,459,920 44,800 5,504,720
SYSTEMS DEVELOPMENT,
DEFENSE-WIDE.
.....................
..................... DARPA execution -150,000 -150,000
adjustment.
.....................
..................... Total, RDT&E Defense-Wide 20,741,542 -186,272 20,555,270
.....................
..................... OPERATIONAL TEST &
EVALUATION, DEFENSE
001 0605118OTE OPERATIONAL TEST AND 58,647 58,647
EVALUATION.
002 0605131OTE LIVE FIRE TEST AND 12,285 12,285
EVALUATION.
003 0605814OTE OPERATIONAL TEST 119,838 119,838
ACTIVITIES AND ANALYSES.
.....................
..................... Total, Operational Test & 190,770 190,770
Evaluation, Defense.
.....................
..................... TOTAL RDT&E.............. 78,634,289 1,266,402 79,900,691
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Senate
Line Program Element Item FY 2010 Request Senate Change Authorized
----------------------------------------------------------------------------------------------------------------
...................... RESEARCH, DEVELOPMENT,
TEST & EVALUATION, ARMY
......................
...................... SYSTEM DEVELOPMENT &
DEMONSTRATION
075 0604270A ELECTRONIC WARFARE 18,598 18,598
DEVELOPMENT.
......................
...................... SUBTOTAL, SYSTEM 18,598 18,598
DEVELOPMENT &
DEMONSTRATION, ARMY.
......................
...................... OPERATIONAL SYSTEMS
DEVELOPMENT
160 0301359A SPECIAL ARMY PROGRAM..... [ ] [ ]
161 0303028A SECURITY AND INTELLIGENCE 7,644 7,644
ACTIVITIES.
162 0303140A INFORMATION SYSTEMS 2,220 2,220
SECURITY PROGRAM.
167 0305204A TACTICAL UNMANNED AERIAL 29,500 29,500
VEHICLES.
......................
...................... SUBTOTAL, OPERATIONAL 39,364 39,364
SYSTEMS DEVELOPMENT,
ARMY.
......................
...................... TOTAL, RDT&E ARMY........ 57,962 57,962
......................
......................
...................... RESEARCH, DEVELOPMENT,
TEST & EVALUATION, NAVY
......................
...................... ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
027 0603216N AVIATION SURVIVABILITY... 8,000 8,000
041 0603561N ADVANCED SUBMARINE SYSTEM 9,000 9,000
DEVELOPMENT.
......................
...................... SUBTOTAL, ADVANCED 17,000 17,000
COMPONENT DEVELOPMENT &
PROTOTYPES, NAVY.
......................
...................... OPERATIONAL SYSTEMS
DEVELOPMENT
188 0301303N MARITIME INTELLIGENCE.... [ ] [ ]
189 0301323N COLLECTION MANAGEMENT.... [ ] [ ]
190 0301327N TECHNICAL RECONNAISSANCE [ ] [ ]
AND SURVEILLANCE.
191 0301372N CYBER SECURITY [ ] [ ]
INITIATIVE--GDIP.
203 0305207N MANNED RECONNAISSANCE 51,900 51,900
SYSTEMS.
210 0305234N SMALL (LEVEL 0) TACTICAL 6,000 6,000
UAS (STUASL0).
999 9999999 OTHER PROGRAMS........... 32,280 32,280
......................
...................... SUBTOTAL, OPERATIONAL 90,180 90,180
SYSTEMS DEVELOPMENT,
RDT&E.
......................
...................... TOTAL, RDT&E NAVY........ 107,180 107,180
......................
......................
...................... RESEARCH, DEVELOPMENT,
TEST & EVALUATION, AIR
FORCE
......................
...................... BASIC RESEARCH
004 0301555F CLASSIFIED PROGRAMS...... [ ] [ ]
005 0301556F SPECIAL PROGRAM.......... [ ] [ ]
......................
...................... SUBTOTAL, BASIC RESEARCH,
AIR FORCE
......................
...................... OPERATIONAL SYSTEMS
DEVELOPMENT
116 0605798F ANALYSIS SUPPORT GROUP... [ ] [ ]
123 0101815F ADVANCED STRATEGIC [ ] [ ]
PROGRAMS.
128 0205219F MQ-9 UAV................. 1,400 1,400
149 0207423F ADVANCED COMMUNICATIONS 9,375 9,375
SYSTEMS.
150 0207424F EVALUATION AND ANALYSIS [ ] [ ]
PROGRAM.
164 0208161F SPECIAL EVALUATION SYSTEM [ ] [ ]
165 0301310F NATIONAL AIR INTELLIGENCE [ ] [ ]
CENTER.
166 0301314F COBRA BALL............... [ ] [ ]
167 0301315F MISSILE AND SPACE [ ] [ ]
TECHNICAL COLLECTION.
168 0301324F FOREST GREEN............. [ ] [ ]
169 0301386F GDIP COLLECTION [ ] [ ]
MANAGEMENT.
180 0304311F SELECTED ACTIVITIES...... [ ] [ ]
181 0304348F ADVANCED GEOSPATIAL [ ] [ ]
INTELLIGENCE (AGI).
188 0305124F SPECIAL APPLICATIONS [ ] [ ]
PROGRAM.
189 0305127F FOREIGN [ ] [ ]
COUNTERINTELLIGENCE
ACTIVITIES.
191 0305142F APPLIED TECHNOLOGY AND [ ] [ ]
INTEGRATION.
196 0305172F COMBINED ADVANCED [ ] [ ]
APPLICATIONS.
206 0305219F MQ-1 PREDATOR A UAV...... 1,400 1,400
999 9999999 OTHER PROGRAMS........... 17,111 17,111
......................
...................... SUBTOTAL, OPERATIONAL 29,286 29,286
SYSTEMS DEVELOPMENT, AIR
FORCE.
......................
...................... TOTAL, RDT&E AIR FORCE... 29,286 29,286
......................
......................
...................... RESEARCH, DEVELOPMENT,
TEST & EVALUATION,
DEFENSE-WIDE
......................
...................... RDT&E MANAGEMENT SUPPORT
159 0301555G CLASSIFIED PROGRAMS...... [ ] [ ]
160 0301556G SPECIAL PROGRAM.......... [ ] [ ]
165 0305193G INTELLIGENCE SUPPORT TO [ ] [ ]
INFORMATION OPERATIONS
(IO).
......................
...................... SUBTOTAL, RDT&E
MANAGEMENT SUPPORT,
DEFENSE-WIDE
......................
...................... OPERATIONAL SYSTEMS
DEVELOPMENT
181 0301301L GENERAL DEFENSE [ ] [ ]
INTELLIGENCE PROGRAM.
182 0301318BB HUMINT (CONTROLLED)...... [ ] [ ]
183 0301371G CYBER SECURITY [ ] [ ]
INITIATIVE--CCP.
184 0301372L CYBER SECURITY [ ] [ ]
INITIATIVE--GDIP.
185 0301555BZ CLASSIFIED PROGRAMS...... [ ] [ ]
186 0301556BZ SPECIAL PROGRAM.......... [ ] [ ]
198 0303150K GLOBAL COMMAND AND 2,750 2,750
CONTROL SYSTEM.
204 0304345BQ NATIONAL GEOSPATIAL- [ ] [ ]
INTELLIGENCE PROGRAM
(NGP).
207 0305103G CYBER SECURITY INITIATIVE [ ] [ ]
211 0305127L FOREIGN [ ] [ ]
COUNTERINTELLIGENCE
ACTIVITIES.
212 0305146BZ DEFENSE JOINT [ ] [ ]
COUNTERINTELLIGENCE
ACTIVITIES.
213 0305146L DEFENSE JOINT [ ] [ ]
COUNTERINTELLIGENCE
ACTIVITIES.
214 0305183L DEFENSE HUMAN [ ] [ ]
INTELLIGENCE (HUMINT)
ACTIVITIES.
218 0305202G DRAGON U-2............... [ ] [ ]
219 0305206G AIRBORNE RECONNAISSANCE [ ] [ ]
SYSTEMS.
221 0305208BB DISTRIBUTED COMMON GROUND/ [ ] [ ]
SURFACE SYSTEMS.
222 0305208BQ DISTRIBUTED COMMON GROUND/ [ ] [ ]
SURFACE SYSTEMS.
223 0305208G DISTRIBUTED COMMON GROUND/ [ ] [ ]
SURFACE SYSTEMS.
225 0305208L DISTRIBUTED COMMON GROUND/ [ ] [ ]
SURFACE SYSTEMS.
226 0305219BB MQ-1 PREDATOR A UAV...... [ ] [ ]
227 0305229G REAL-TIME ARCHITECTURE [ ] [ ]
DEVELOPMENT (RT10).
231 0305880L COMBATANT COMMAND [ ] [ ]
INTELLIGENCE OPERATIONS.
232 0305883L HARD AND DEEPLY BURIED [ ] [ ]
TARGET (HDBT) INTEL
SUPPORT.
233 0305884L INTELLIGENCE PLANNING AND [ ] [ ]
REVIEW ACTIVITIES.
236 0307141G INFORMATION OPERATIONS [ ] [ ]
TECHNOLOGY INTEGRATION &
TOOL DEV.
237 0307207G AERIAL COMMON SENSOR [ ] [ ]
(ACS).
999 9999999 OTHER PROGRAMS........... 113,076 113,076
......................
...................... SUBTOTAL, OPERATIONAL 115,826 115,826
SYSTEMS DEVELOPMENT,
DEFENSE-WIDE.
......................
...................... Total, RDT&E Defense-Wide 115,826 115,826
......................
...................... TOTAL RDT&E.............. 310,254 310,254
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2010 Senate
Account Line Item Request Senate Change Authorized
----------------------------------------------------------------------------------------------------------------
Operation and Maintenance,
Army
BUDGET ACTIVITY 01:
OPERATING FORCES
LAND FORCES
2020 010 MANEUVER UNITS............. 1,020,490 1,020,490
2020 020 MODULAR SUPPORT BRIGADES... 105,178 105,178
2020 030 ECHELONS ABOVE BRIGADE..... 708,038 708,038
2020 040 THEATER LEVEL ASSETS....... 718,233 718,233
2020 050 LAND FORCES OPERATIONS 1,379,529 1,379,529
SUPPORT.
2020 060 AVIATION ASSETS............ 850,750 850,750
LAND FORCES READINESS
2020 070 FORCE READINESS OPERATIONS 2,088,233 8,000 2,096,233
SUPPORT.
Generation III extended [8,000]
cold weather clothing
system.
2020 080 LAND FORCES SYSTEMS 633,704 633,704
READINESS.
2020 090 LAND FORCES DEPOT 692,601 692,601
MAINTENANCE.
LAND FORCES READINESS
SUPPORT
2020 100 BASE OPERATIONS SUPPORT.... 7,586,455 7,586,455
2020 110 FACILITIES SUSTAINMENT, 2,221,446 2,221,446
RESTORATION, &
MODERNIZATION.
2020 120 MANAGEMENT AND OPERATIONAL 333,119 333,119
HQ.
2020 130 COMBATANT COMMANDERS CORE 123,163 123,163
OPERATIONS.
2020 170 COMBATANT COMMANDERS 460,159 460,159
ANCILLARY MISSIONS.
TOTAL, BA 01: OPERATING 18,921,098 8,000 18,929,098
FORCES.
BUDGET ACTIVITY 02:
MOBILIZATION
MOBILITY OPERATIONS
2020 180 STRATEGIC MOBILITY......... 228,376 228,376
2020 190 ARMY PREPOSITIONING STOCKS. 98,129 98,129
2020 200 INDUSTRIAL PREPAREDNESS.... 5,705 5,705
TOTAL, BA 02: MOBILIZATION. 332,210 332,210
BUDGET ACTIVITY 03:
TRAINING AND RECRUITING
ACCESSION TRAINING
2020 210 OFFICER ACQUISITION........ 125,615 125,615
2020 220 RECRUIT TRAINING........... 87,488 87,488
2020 230 ONE STATION UNIT TRAINING.. 59,302 59,302
2020 240 SENIOR RESERVE OFFICERS 449,397 449,397
TRAINING CORPS.
BASIC SKILL/ADVANCE
TRAINING
2020 250 SPECIALIZED SKILL TRAINING. 970,777 970,777
Rule of law increase... [500]
2020 260 FLIGHT TRAINING............ 843,893 843,893
2020 270 PROFESSIONAL DEVELOPMENT 166,812 166,812
EDUCATION.
2020 280 TRAINING SUPPORT........... 702,031 702,031
RECRUITING/OTHER TRAINING
2020 290 RECRUITING AND ADVERTISING. 541,852 541,852
2020 300 EXAMINING.................. 147,915 147,915
2020 310 OFF-DUTY AND VOLUNTARY 238,353 238,353
EDUCATION.
2020 320 CIVILIAN EDUCATION AND 217,386 217,386
TRAINING.
2020 330 JUNIOR ROTC................ 156,904 156,904
TOTAL, BA 03: TRAINING AND 4,707,725 4,707,725
RECRUITING.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
SECURITY PROGRAMS
2020 340 SECURITY PROGRAMS.......... 1,017,055 1,017,055
LOGISTICS OPERATIONS
2020 350 SERVICEWIDE TRANSPORTATION. 540,249 540,249
2020 360 CENTRAL SUPPLY ACTIVITIES.. 614,093 614,093
2020 370 LOGISTIC SUPPORT ACTIVITIES 481,318 481,318
2020 380 AMMUNITION MANAGEMENT...... 434,661 434,661
SERVICEWIDE SUPPORT
2020 390 ADMINISTRATION............. 776,866 776,866
2020 400 SERVICEWIDE COMMUNICATIONS. 1,166,491 1,166,491
2020 410 MANPOWER MANAGEMENT........ 289,383 289,383
2020 420 OTHER PERSONNEL SUPPORT.... 221,779 221,779
2020 430 OTHER SERVICE SUPPORT...... 993,852 993,852
2020 440 ARMY CLAIMS ACTIVITIES..... 215,168 215,168
2020 450 REAL ESTATE MANAGEMENT..... 118,785 118,785
SUPPORT OF OTHER NATIONS
2020 460 SUPPORT OF NATO OPERATIONS. 430,449 430,449
2020 470 MISC. SUPPORT OF OTHER 13,700 13,700
NATIONS.
Unobligated balances... [-350,000] -350,000
TOTAL, BA 04: 7,313,849 -350,000 6,963,849
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
2020 Total Operation and 31,274,882 -342,000 30,932,882
Maintenance, Army.
Operation and Maintenance,
Navy
BUDGET ACTIVITY 01:
OPERATING FORCES
AIR OPERATIONS
1804 010 MISSION AND OTHER FLIGHT 3,814,000 3,814,000
OPERATIONS.
1804 020 FLEET AIR TRAINING......... 120,868 120,868
1804 030 AVIATION TECHNICAL DATA & 52,259 52,259
ENGINEERING SERVICES.
1804 040 AIR OPERATIONS AND SAFETY 121,649 121,649
SUPPORT.
1804 050 AIR SYSTEMS SUPPORT........ 485,321 485,321
1804 060 AIRCRAFT DEPOT MAINTENANCE. 1,057,747 195,000 1,252,747
Aviation depot [195,000]
maintenance increase.
1804 070 AIRCRAFT DEPOT OPERATIONS 32,083 32,083
SUPPORT.
SHIP OPERATIONS
1804 080 MISSION AND OTHER SHIP 3,320,222 3,320,222
OPERATIONS.
1804 090 SHIP OPERATIONS SUPPORT & 699,581 699,581
TRAINING.
1804 100 SHIP DEPOT MAINTENANCE..... 4,296,544 768,850 5,065,394
Ship depot maintenance [200,000]
increase.
Transfer to Base....... [568,850]
1804 110 SHIP DEPOT OPERATIONS 1,170,785 1,170,785
SUPPORT.
COMBAT OPERATIONS/SUPPORT
1804 120 COMBAT COMMUNICATIONS...... 601,595 601,595
1804 130 ELECTRONIC WARFARE......... 86,019 86,019
1804 140 SPACE SYSTEMS AND 167,050 167,050
SURVEILLANCE.
1804 150 WARFARE TACTICS............ 407,674 407,674
1804 160 OPERATIONAL METEOROLOGY AND 315,228 315,228
OCEANOGRAPHY.
1804 170 COMBAT SUPPORT FORCES...... 758,789 758,789
1804 180 EQUIPMENT MAINTENANCE...... 186,794 186,794
1804 190 DEPOT OPERATIONS SUPPORT... 3,305 3,305
1804 200 COMBATANT COMMANDERS CORE 167,789 167,789
OPERATIONS.
1804 210 COMBATANT COMMANDERS DIRECT 259,188 -7,000 252,188
MISSION SUPPORT.
Reduction for National [-7,000]
Program for Small Unit
Excellence.
WEAPONS SUPPORT
1804 220 CRUISE MISSILE............. 131,895 131,895
1804 230 FLEET BALLISTIC MISSILE.... 1,145,020 1,145,020
1804 240 IN-SERVICE WEAPONS SYSTEMS 64,731 64,731
SUPPORT.
1804 250 WEAPONS MAINTENANCE........ 448,777 12,000 460,777
Gun depot overhauls.... [12,000]
1804 260 OTHER WEAPON SYSTEMS 326,535 326,535
SUPPORT.
BASE SUPPORT
1804 270 ENTERPRISE INFORMATION..... 1,095,587 1,095,587
1804 280 SUSTAINMENT, RESTORATION 1,746,418 1,746,418
AND MODERNIZATION.
1804 290 BASE OPERATING SUPPORT..... 4,058,046 4,058,046
TOTAL, BA 01: OPERATING 27,141,499 968,850 28,110,349
FORCES.
BUDGET ACTIVITY 02:
MOBILIZATION
READY RESERVE AND
PREPOSITIONING FORCES
1804 300 SHIP PREPOSITIONING AND 407,977 407,977
SURGE.
ACTIVATIONS/INACTIVATIONS
1804 310 AIRCRAFT ACTIVATIONS/ 7,491 7,491
INACTIVATIONS.
1804 320 SHIP ACTIVATIONS/ 192,401 192,401
INACTIVATIONS.
MOBILIZATION PREPAREDNESS
1804 330 FLEET HOSPITAL PROGRAM..... 24,546 24,546
1804 340 INDUSTRIAL READINESS....... 2,409 2,409
1804 350 COAST GUARD SUPPORT........ 25,727 25,727
TOTAL, BA 02: MOBILIZATION. 660,551 660,551
BUDGET ACTIVITY 03:
TRAINING AND RECRUITING
ACCESSION TRAINING
1804 360 OFFICER ACQUISITION........ 145,027 145,027
1804 370 RECRUIT TRAINING........... 11,011 11,011
1804 380 RESERVE OFFICERS TRAINING 127,490 127,490
CORPS.
BASIC SKILLS AND ADVANCED
TRAINING
1804 390 SPECIALIZED SKILL TRAINING. 477,383 850 478,233
Naval strike air [850]
warfare center training.
1804 400 FLIGHT TRAINING............ 1,268,846 1,268,846
1804 410 PROFESSIONAL DEVELOPMENT 161,922 161,922
EDUCATION.
1804 420 TRAINING SUPPORT........... 158,685 158,685
RECRUITING, AND OTHER
TRAINING AND EDUCATION
1804 430 RECRUITING AND ADVERTISING. 276,564 276,564
1804 440 OFF-DUTY AND VOLUNTARY 154,979 154,979
EDUCATION.
1804 450 CIVILIAN EDUCATION AND 101,556 101,556
TRAINING.
1804 460 JUNIOR ROTC................ 49,161 49,161
TOTAL, BA 03: TRAINING AND 2,932,624 850 2,933,474
RECRUITING.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
SERVICEWIDE SUPPORT
1804 470 ADMINISTRATION............. 768,048 768,048
1804 480 EXTERNAL RELATIONS......... 6,171 6,171
1804 490 CIVILIAN MANPOWER AND 114,675 114,675
PERSONNEL MANAGEMENT.
1804 500 MILITARY MANPOWER AND 182,115 182,115
PERSONNEL MANAGEMENT.
1804 510 OTHER PERSONNEL SUPPORT.... 298,729 298,729
1804 520 SERVICEWIDE COMMUNICATIONS. 408,744 408,744
LOGISTICS OPERATIONS AND
TECHNICAL SUPPORT
1804 540 SERVICEWIDE TRANSPORTATION. 246,989 246,989
1804 560 PLANNING, ENGINEERING AND 244,337 244,337
DESIGN.
1804 570 ACQUISITION AND PROGRAM 778,501 778,501
MANAGEMENT.
1804 580 HULL, MECHANICAL AND 60,223 60,223
ELECTRICAL SUPPORT.
1804 590 COMBAT/WEAPONS SYSTEMS..... 17,328 17,328
1804 600 SPACE AND ELECTRONIC 79,065 79,065
WARFARE SYSTEMS.
INVESTIGATIONS AND SECURITY
PROGRAMS
1804 610 NAVAL INVESTIGATIVE SERVICE 515,989 515,989
SUPPORT OF OTHER NATIONS
1804 670 INTERNATIONAL HEADQUARTERS 5,918 5,918
AND AGENCIES.
OTHER PROGRAMS
1804 999 OTHER PROGRAMS............. 608,840 608,840
TOTAL, BA 04: 4,335,672 4,335,672
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
Unobligated balances .. [-150,000] -150,000
1804 Total Operation and 35,070,346 819,700 35,890,046
Maintenance, Navy.
1804
Operation and Maintenance,
Marine Corps
BUDGET ACTIVITY 01:
OPERATING FORCES
EXPEDITIONARY FORCES
1106 010 OPERATIONAL FORCES......... 730,931 11,000 741,931
Advanced load bearing [3,000]
equipment.
Family of shelter and [3,000]
tents.
Cold weather layering [5,000]
system.
1106 020 FIELD LOGISTICS............ 591,020 591,020
1106 030 DEPOT MAINTENANCE.......... 80,971 80,971
USMC PREPOSITIONING
1106 050 MARITIME PREPOSITIONING.... 72,182 72,182
1106 060 NORWAY PREPOSITIONING...... 5,090 5,090
BASE SUPPORT
1106 080 SUSTAINMENT, RESTORATION, & 666,330 666,330
MODERNIZATION.
1106 090 BASE OPERATING SUPPORT..... 2,250,191 2,250,191
TOTAL, BA 01: OPERATING 4,396,715 11,000 4,407,715
FORCES.
BUDGET ACTIVITY 03:
TRAINING AND RECRUITING
ACCESSION TRAINING
1106 100 RECRUIT TRAINING........... 16,129 16,129
1106 110 OFFICER ACQUISITION........ 418 418
BASIC SKILLS AND ADVANCED
TRAINING
1106 120 SPECIALIZED SKILL TRAINING. 67,336 67,336
1106 130 FLIGHT TRAINING............ 369 369
1106 140 PROFESSIONAL DEVELOPMENT 28,112 28,112
EDUCATION.
1106 150 TRAINING SUPPORT........... 330,885 330,885
RECRUITING AND OTHER
TRAINING EDUCATION
1106 160 RECRUITING AND ADVERTISING. 240,832 240,832
1106 170 OFF-DUTY AND VOLUNTARY 64,254 64,254
EDUCATION.
1106 180 JUNIOR ROTC................ 19,305 19,305
TOTAL, BA 03: TRAINING AND 767,640 767,640
RECRUITING.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
SERVICEWIDE SUPPORT
1106 210 SPECIAL SUPPORT............ 299,065 299,065
1106 220 SERVICEWIDE TRANSPORTATION. 28,924 28,924
1106 230 ADMINISTRATION............. 43,879 43,879
TOTAL, BA 04: 371,868 371,868
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
1106 Total Operation and 5,536,223 11,000 5,547,223
Maintenance, Marine Corps.
1106
1106
Operation and Maintenance,
Air Force
BUDGET ACTIVITY 01:
OPERATING FORCES
AIR OPERATIONS
3400 010 PRIMARY COMBAT FORCES...... 4,017,156 4,017,156
3400 020 COMBAT ENHANCEMENT FORCES.. 2,754,563 2,754,563
3400 030 AIR OPERATIONS TRAINING 1,414,913 1,414,913
(OJT, MAINTAIN SKILLS).
3400 050 DEPOT MAINTENANCE.......... 2,389,738 2,389,738
3400 060 FACILITIES SUSTAINMENT, 1,420,083 1,420,083
RESTORATION &
MODERNIZATION.
3400 070 BASE SUPPORT............... 2,859,943 3,500 2,863,443
Mission essential [3,500]
airfield operations
equipment.
COMBAT RELATED OPERATIONS
3400 080 GLOBAL C3I AND EARLY 1,411,813 1,411,813
WARNING.
3400 090 OTHER COMBAT OPS SPT 880,353 3,000 883,353
PROGRAMS.
National security space [3,000]
institute.
3400 110 TACTICAL INTEL AND OTHER 552,148 -13,000 539,148
SPECIAL ACTIVITIES.
Program decrease for [-13,000]
Gorgon Stare.
SPACE OPERATIONS
3400 120 LAUNCH FACILITIES.......... 356,367 356,367
3400 130 SPACE CONTROL SYSTEMS...... 725,646 725,646
COCOM
3400 140 COMBATANT COMMANDERS DIRECT 608,796 608,796
MISSION SUPPORT.
3400 150 COMBATANT COMMANDERS CORE 216,073 216,073
OPERATIONS.
TOTAL, BA 01: OPERATING 19,607,592 -6,500 19,601,092
FORCES.
BUDGET ACTIVITY 02:
MOBILIZATION
MOBILITY OPERATIONS
3400 160 AIRLIFT OPERATIONS......... 2,932,080 2,932,080
3400 170 MOBILIZATION PREPAREDNESS.. 211,858 211,858
3400 180 DEPOT MAINTENANCE.......... 332,226 332,226
3400 190 FACILITIES SUSTAINMENT, 362,954 362,954
RESTORATION &
MODERNIZATION.
3400 200 BASE SUPPORT............... 657,830 657,830
TOTAL, BA 02: MOBILIZATION. 4,496,948 4,496,948
BUDGET ACTIVITY 03:
TRAINING AND RECRUITING
ACCESSION TRAINING
3400 210 OFFICER ACQUISITION........ 120,870 120,870
3400 220 RECRUIT TRAINING........... 18,135 18,135
3400 230 RESERVE OFFICERS TRAINING 88,414 88,414
CORPS (ROTC).
3400 240 FACILITIES SUSTAINMENT, 372,788 372,788
RESTORATION &
MODERNIZATION.
3400 250 BASE SUPPORT............... 685,029 685,029
BASIC SKILLS AND ADVANCED
TRAINING
3400 260 SPECIALIZED SKILL TRAINING. 514,048 514,048
3400 270 FLIGHT TRAINING............ 833,005 833,005
3400 280 PROFESSIONAL DEVELOPMENT 215,676 215,676
EDUCATION.
3400 290 TRAINING SUPPORT........... 118,877 118,877
3400 300 DEPOT MAINTENANCE.......... 576 576
RECRUITING, AND OTHER
TRAINING AND EDUCATION
3400 320 RECRUITING AND ADVERTISING. 152,983 152,983
3400 330 EXAMINING.................. 5,584 5,584
3400 340 OFF-DUTY AND VOLUNTARY 188,198 188,198
EDUCATION.
3400 350 CIVILIAN EDUCATION AND 174,151 174,151
TRAINING.
3400 360 JUNIOR ROTC................ 67,549 67,549
TOTAL, BA 03: TRAINING AND 3,555,883 3,555,883
RECRUITING.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
LOGISTICS OPERATIONS
3400 370 LOGISTICS OPERATIONS....... 1,055,672 1,055,672
3400 380 TECHNICAL SUPPORT 735,036 735,036
ACTIVITIES.
3400 400 DEPOT MAINTENANCE.......... 15,411 15,411
3400 410 FACILITIES SUSTAINMENT, 359,562 359,562
RESTORATION &
MODERNIZATION.
3400 420 BASE SUPPORT............... 1,410,097 1,410,097
SERVICEWIDE ACTIVITIES
3400 430 ADMINISTRATION............. 646,080 646,080
3400 440 SERVICEWIDE COMMUNICATIONS. 581,951 581,951
3400 450 OTHER SERVICEWIDE 1,062,803 1,062,803
ACTIVITIES.
3400 460 CIVIL AIR PATROL........... 22,433 22,433
SECURITY PROGRAMS
3400 470 SECURITY PROGRAMS.......... 1,148,704 1,148,704
SUPPORT TO OTHER NATIONS
3400 480 INTERNATIONAL SUPPORT...... 49,987 49,987
TOTAL, BA 04: 7,087,736 7,087,736
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
Overstatement of [-538,100] -538,100
civilian pay.
Unobligated balances... [-150,000] -150,000
3400 Total Operation and 34,748,159 -694,600 34,053,559
Maintenance, Air Force.
3400
Operation and Maintenance,
Defense-wide
BUDGET ACTIVITY 1:
OPERATING FORCES
DEFENSEWIDE ACTIVITIES
0100 010 JOINT CHIEFS OF STAFF...... 457,169 457,169
0100 020 SPECIAL OPERATIONS COMMAND. 3,611,492 3,611,492
TOTAL, BUDGET ACTIVITY 1:.. 4,068,661 4,068,661
BUDGET ACTIVITY 3: TRAINING
AND RECRUITING
DEFENSEWIDE ACTIVITIES
0100 030 DEFENSE ACQUISITION 115,497 115,497
UNIVERSITY.
RECRUITING AND OTHER
TRAINING EDUCATION
0100 040 NATIONAL DEFENSE UNIVERSITY 103,408 103,408
TOTAL, BUDGET ACTIVITY 3:.. 218,905 218,905
BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES
DEFENSEWIDE ACTIVITIES
0100 060 CIVIL MILITARY PROGRAMS.... 132,231 132,231
0100 090 DEFENSE BUSINESS 139,579 139,579
TRANSFORMATION AGENCY.
0100 100 DEFENSE CONTRACT AUDIT 458,316 458,316
AGENCY.
0100 120 DEFENSE HUMAN RESOURCES 665,743 665,743
ACTIVITY.
0100 130 DEFENSE INFORMATION SYSTEMS 1,322,163 1,322,163
AGENCY.
0100 150 DEFENSE LEGAL SERVICES..... 42,532 42,532
0100 160 DEFENSE LOGISTICS AGENCY... 405,873 405,873
0100 170 DEFENSE MEDIA ACTIVITY..... 253,667 253,667
0100 180 DEFENSE POW/MIA OFFICE..... 20,679 20,679
0100 190 DEFENSE TECHNOLOGY SECURITY 34,325 34,325
AGENCY.
0100 200 DEFENSE THREAT REDUCTION 385,453 385,453
AGENCY.
0100 210 DEPARTMENT OF DEFENSE 2,302,116 5,000 2,307,116
EDUCATION AGENCY.
Family support for [5,000]
military children with
autism.
0100 220 DEFENSE CONTRACT MANAGEMENT 1,058,721 1,058,721
AGENCY.
0100 230 DEFENSE SECURITY 721,756 721,756
COOPERATION AGENCY.
0100 240 DEFENSE SECURITY SERVICE... 497,857 497,857
0100 260 OFFICE OF ECONOMIC 37,166 37,166
ADJUSTMENT.
0100 270 OFFICE OF THE SECRETARY OF 1,955,985 35,000 1,990,985
DEFENSE.
Readiness and [25,000]
environmental
protection initiative.
Director of operational [5,000]
energy plans and
programs.
Acceleration of Defense [5,000]
Readiness Reporting
System.
0100 280 WASHINGTON HEADQUARTERS 589,309 589,309
SERVICE.
OTHER PROGRAMS
0100 999 OTHER PROGRAMS............. 13,046,209 13,046,209
TOTAL, BUDGET ACTIVITY 4:.. 24,069,680 40,000 24,109,680
Impact aid............. [30,000] 30,000
Impact aid for children [5,000] 5,000
with severe
disabilities.
Special assistance to [10,000] 10,000
local education
agencies.
Undistributed Bulk Fuel [-596,249] -596,249
Adjustment.
Decrease for software [-50,000] -50,000
licenses.
Unobligated balances... [-150,000] -150,000
0100 Total Operation and 28,357,246 -711,249 27,645,997
Maintenance, Defense-Wide .
0100
0100
0100
Operation and Maintenance,
Army Reserve
BUDGET ACTIVITY 01:
OPERATING FORCES
LAND FORCES
2080 010 MANEUVER UNITS............. 1,403 1,403
2080 020 MODULAR SUPPORT BRIGADES... 12,707 12,707
2080 030 ECHELONS ABOVE BRIGADE..... 468,288 468,288
2080 040 THEATER LEVEL ASSETS....... 152,439 152,439
2080 050 LAND FORCES OPERATIONS 520,420 520,420
SUPPORT.
2080 060 AVIATION ASSETS............ 61,063 61,063
LAND FORCES READINESS
2080 070 FORCE READINESS OPERATIONS 290,443 290,443
SUPPORT.
2080 080 LAND FORCES SYSTEMS 106,569 3,600 110,169
READINESS.
Mobile corrosion [3,600]
protection.
2080 090 LAND FORCES DEPOT 94,499 94,499
MAINTENANCE.
LAND FORCES READINESS
SUPPORT
2080 100 BASE OPERATIONS SUPPORT.... 522,310 522,310
2080 110 FACILITIES SUSTAINMENT, 234,748 234,748
RESTORATION, &
MODERNIZATION.
TOTAL, BA 01: OPERATING 2,464,889 3,600 2,468,489
FORCES.
LOGISTICS OPERATIONS
2080 130 SERVICEWIDE TRANSPORTATION. 9,291 9,291
SERVICEWIDE SUPPORT
2080 140 ADMINISTRATION............. 72,075 72,075
2080 150 SERVICEWIDE COMMUNICATIONS. 3,635 3,635
2080 160 MANPOWER MANAGEMENT........ 9,104 9,104
2080 170 RECRUITING AND ADVERTISING. 61,202 61,202
TOTAL, BA 04: 155,307 155,307
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
2080 Total Operation and 2,620,196 3,600 2,623,796
Maintenance, Army Reserve.
2080
2080
Operation and Maintenance,
Navy Reserve
BUDGET ACTIVITY 01:
OPERATING FORCES
AIR OPERATIONS
1806 010 MISSION AND OTHER FLIGHT 570,319 570,319
OPERATIONS.
1806 020 INTERMEDIATE MAINTENANCE... 16,596 16,596
1806 030 AIR OPERATIONS AND SAFETY 3,171 3,171
SUPPORT.
1806 040 AIRCRAFT DEPOT MAINTENANCE. 125,004 125,004
1806 050 AIRCRAFT DEPOT OPERATIONS 397 397
SUPPORT.
SHIP OPERATIONS
1806 060 MISSION AND OTHER SHIP 55,873 55,873
OPERATIONS.
1806 070 SHIP OPERATIONS SUPPORT & 592 592
TRAINING.
1806 080 SHIP DEPOT MAINTENANCE..... 41,899 41,899
COMBAT OPERATIONS SUPPORT
1806 090 COMBAT COMMUNICATIONS...... 15,241 15,241
1806 100 COMBAT SUPPORT FORCES...... 142,924 142,924
WEAPONS SUPPORT
1806 110 WEAPONS MAINTENANCE........ 5,494 5,494
BASE SUPPORT
1806 120 ENTERPRISE INFORMATION..... 83,611 83,611
1806 130 SUSTAINMENT, RESTORATION 69,853 69,853
AND MODERNIZATION.
1806 140 BASE OPERATING SUPPORT..... 124,757 124,757
TOTAL, BA 01: OPERATING 1,255,731 1,255,731
FORCES.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
SERVICEWIDE SUPPORT
1806 150 ADMINISTRATION............. 3,323 3,323
1806 160 MILITARY MANPOWER AND 13,897 13,897
PERSONNEL MANAGEMENT.
1806 170 SERVICEWIDE COMMUNICATIONS. 1,957 1,957
LOGISTICS OPERATIONS AND
TECHNICAL SUPPORT
1806 190 ACQUISITION AND PROGRAM 3,593 3,593
MANAGEMENT.
TOTAL, BA 04: 22,770 22,770
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
1806 Total Operation and 1,278,501 1,278,501
Maintenance, Navy Reserve.
1806
1806
Operation and Maintenance,
Marine Corps Reserve
BUDGET ACTIVITY 01:
OPERATING FORCES
EXPEDITIONARY FORCES
1107 010 OPERATING FORCES........... 61,117 61,117
1107 020 DEPOT MAINTENANCE.......... 13,217 13,217
1107 030 TRAINING SUPPORT........... 29,373 29,373
BASE SUPPORT
1107 040 SUSTAINMENT, RESTORATION 25,466 25,466
AND MODERNIZATION.
1107 050 BASE OPERATING SUPPORT..... 73,899 73,899
TOTAL, BA 01: OPERATING 203,072 203,072
FORCES.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
SERVICEWIDE ACTIVITIES
1107 060 SPECIAL SUPPORT............ 5,639 5,639
1107 070 SERVICEWIDE TRANSPORTATION. 818 818
1107 080 ADMINISTRATION............. 10,642 10,642
1107 090 RECRUITING AND ADVERTISING. 8,754 8,754
TOTAL, BA 04: 25,853 25,853
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
1107 Total Operation and 228,925 228,925
Maintenance, Marine Corps
Reserve.
1107
1107
Operation and Maintenance,
Air Force Reserve
BUDGET ACTIVITY 01:
OPERATING FORCES
AIR OPERATIONS
3740 010 PRIMARY COMBAT FORCES...... 2,049,303 2,049,303
3740 020 MISSION SUPPORT OPERATIONS. 121,417 121,417
3740 030 DEPOT MAINTENANCE.......... 441,958 441,958
3740 040 FACILITIES SUSTAINMENT, 78,763 78,763
RESTORATION &
MODERNIZATION.
3740 050 BASE SUPPORT............... 258,091 258,091
TOTAL, BA 01: OPERATING 2,949,532 2,949,532
FORCES.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
SERVICEWIDE ACTIVITIES
3740 060 ADMINISTRATION............. 77,476 77,476
3740 070 RECRUITING AND ADVERTISING. 24,553 24,553
3740 080 MILITARY MANPOWER AND PERS 20,838 20,838
MGMT (ARPC).
3740 090 OTHER PERS SUPPORT 6,121 6,121
(DISABILITY COMP).
3740 100 AUDIOVISUAL................ 708 708
TOTAL, BA 04: 129,696 129,696
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
3740 Total Operation and 3,079,228 3,079,228
Maintenance, Air Force
Reserve.
3740
3740
Operation and Maintenance,
Army National Guard
BUDGET ACTIVITY 01:
OPERATING FORCES
LAND FORCES
2065 010 MANEUVER UNITS............. 876,269 876,269
2065 020 MODULAR SUPPORT BRIGADES... 173,843 173,843
2065 030 ECHELONS ABOVE BRIGADE..... 615,160 615,160
2065 040 THEATER LEVEL ASSETS....... 253,997 253,997
2065 050 LAND FORCES OPERATIONS 34,441 34,441
SUPPORT.
2065 060 AVIATION ASSETS............ 819,031 819,031
LAND FORCES READINESS
2065 070 FORCE READINESS OPERATIONS 436,799 436,799
SUPPORT.
2065 080 LAND FORCES SYSTEMS 99,757 3,600 103,357
READINESS.
Mobile corrosion [3,600]
protection.
2065 090 LAND FORCES DEPOT 379,646 379,646
MAINTENANCE.
LAND FORCES READINESS
SUPPORT
2065 100 BASE OPERATIONS SUPPORT.... 798,343 798,343
2065 110 FACILITIES SUSTAINMENT, 580,171 580,171
RESTORATION, &
MODERNIZATION.
2065 120 MANAGEMENT AND OPERATIONAL 573,452 573,452
HQ.
TOTAL, BA 01: OPERATING 5,640,909 3,600 5,644,509
FORCES.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
SERVICEWIDE SUPPORT
2065 140 ADMINISTRATION............. 119,186 119,186
2065 150 SERVICEWIDE COMMUNICATIONS. 48,020 48,020
2065 160 MANPOWER MANAGEMENT........ 7,920 7,920
2065 170 RECRUITING AND ADVERTISING. 440,999 440,999
TOTAL, BA 04: 616,125 616,125
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
2065 Total Operation and 6,257,034 3,600 6,260,634
Maintenance, Army National
Guard.
2065
2065
Operation and Maintenance,
Air National Guard
BUDGET ACTIVITY 01:
OPERATING FORCES
AIR OPERATIONS
3840 010 AIRCRAFT OPERATIONS........ 3,347,685 2,700 3,350,385
Controlled humidity [2,700]
protection.
3840 020 MISSION SUPPORT OPERATIONS. 779,917 779,917
3840 030 DEPOT MAINTENANCE.......... 780,347 780,347
3840 040 FACILITIES SUSTAINMENT, 302,949 302,949
RESTORATION &
MODERNIZATION.
3840 050 BASE SUPPORT............... 606,916 606,916
TOTAL, BA 01: OPERATING 5,817,814 2,700 5,820,514
FORCES.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
SERVICEWIDE ACTIVITIES
3840 060 ADMINISTRATION............. 35,174 35,174
3840 070 RECRUITING AND ADVERTISING. 32,773 32,773
TOTAL, BA 04: 67,947 67,947
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
3840 Total Operation and 5,885,761 2,700 5,888,461
Maintenance, Air National
Guard.
3840
MISCELLANEOUS
APPROPRIATIONS
0104 010 US COURT OF APPEALS FOR THE 13,932 13,932
ARMED FORCES, DEFENSE.
0111 010 ACQUISITION WORKFORCE 100,000 100,000
DEVELOPMENT FUND.
0819 010 OVERSEAS HUMANITARIAN, 109,869 109,869
DISASTER AND CIVIC AID.
0134 010 COOPERATIVE THREAT 404,093 20,000 424,093
REDUCTION.
Program increase....... [20,000]
0810 020 ENVIRONMENTAL RESTORATION, 415,864 415,864
ARMY.
0810 030 ENVIRONMENTAL RESTORATION, 285,869 285,869
NAVY.
0810 040 ENVIRONMENTAL RESTORATION, 494,276 494,276
AIR FORCE.
0810 050 ENVIRONMENTAL RESTORATION, 11,100 11,100
DEFENSE.
0811 060 ENVIRONMENTAL RESTORATION 267,700 267,700
FORMERLY USED SITES.
0118 070 OVERSEAS CONTINGENCY 5,000 5,000
OPERATIONS TRANSFER FUND.
TOTAL, MISCELLANEOUS 2,107,703 20,000 2,127,703
APPROPRIATIONS.
TOTAL TITLE III--OPERATION 156,444,204 -887,249 155,556,955
AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2010 Senate
Account Line Item Request Senate Change Authorized
----------------------------------------------------------------------------------------------------------------
Operation and Maintenance,
Army
BUDGET ACTIVITY 01:
OPERATING FORCES
2020 140 ADDITIONAL ACTIVITIES...... 36,330,899 36,330,899
2020 150 COMMANDERS EMERGENCY 1,500,000 -100,000 1,400,000
RESPONSE PROGRAM.
Program decrease...... [-100,000]
2020 160 RESET...................... 7,867,551 7,867,551
TOTAL, BA 01: OPERATING 45,698,450 -100,000 45,598,450
FORCES.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
SECURITY PROGRAMS
2020 340 SECURITY PROGRAMS.......... 1,426,309 1,426,309
LOGISTICS OPERATIONS
2020 350 SERVICEWIDE TRANSPORTATION. 5,045,902 5,045,902
TOTAL, BA 04: 6,472,211 6,472,211
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
2020 Total Operation and 52,170,661 -100,000 52,070,661
Maintenance, Army.
Operation and Maintenance,
Navy
BUDGET ACTIVITY 01:
OPERATING FORCES
AIR OPERATIONS
1804 010 MISSION AND OTHER FLIGHT 1,138,398 1,138,398
OPERATIONS.
1804 020 FLEET AIR TRAINING......... 2,640 2,640
1804 030 AVIATION TECHNICAL DATA & 1,212 1,212
ENGINEERING SERVICES.
1804 040 AIR OPERATIONS AND SAFETY 26,815 26,815
SUPPORT.
1804 050 AIR SYSTEMS SUPPORT........ 44,532 44,532
1804 060 AIRCRAFT DEPOT MAINTENANCE. 158,559 158,559
SHIP OPERATIONS
1804 080 MISSION AND OTHER SHIP 651,209 651,209
OPERATIONS.
1804 090 SHIP OPERATIONS SUPPORT & 22,489 22,489
TRAINING.
1804 100 SHIP DEPOT MAINTENANCE..... 1,001,037 -568,850 432,187
Transfer from OCO..... [-568,850]
COMBAT OPERATIONS/SUPPORT
1804 120 COMBAT COMMUNICATIONS...... 20,704 20,704
1804 150 WARFARE TACTICS............ 15,918 15,918
1804 160 OPERATIONAL METEOROLOGY AND 16,889 16,889
OCEANOGRAPHY.
1804 170 COMBAT SUPPORT FORCES...... 1,891,799 1,891,799
1804 180 EQUIPMENT MAINTENANCE...... 306 306
1804 200 COMBATANT COMMANDERS CORE 6,929 6,929
OPERATIONS.
1804 210 COMBATANT COMMANDERS DIRECT 7,344 7,344
MISSION SUPPORT.
WEAPONS SUPPORT
1804 240 IN-SERVICE WEAPONS SYSTEMS 68,759 68,759
SUPPORT.
1804 250 WEAPONS MAINTENANCE........ 82,496 82,496
1804 260 OTHER WEAPON SYSTEMS 16,902 16,902
SUPPORT.
BASE SUPPORT
1804 280 SUSTAINMENT, RESTORATION 7,629 7,629
AND MODERNIZATION.
1804 290 BASE OPERATING SUPPORT..... 338,604 338,604
TOTAL, BA 01: OPERATING 5,521,170 -568,850 4,952,320
FORCES.
BUDGET ACTIVITY 02:
MOBILIZATION
READY RESERVE AND
PREPOSITIONING FORCES
1804 300 SHIP PREPOSITIONING AND 27,290 27,290
SURGE.
MOBILIZATION PREPAREDNESS
1804 330 FLEET HOSPITAL PROGRAM..... 4,336 4,336
1804 350 COAST GUARD SUPPORT........ 245,039 245,039
TOTAL, BA 02: MOBILIZATION. 276,665 276,665
BUDGET ACTIVITY 03:
TRAINING AND RECRUITING
BASIC SKILLS AND ADVANCED
TRAINING
1804 390 SPECIALIZED SKILL TRAINING. 97,995 97,995
1804 420 TRAINING SUPPORT........... 5,463 5,463
TOTAL, BA 03: TRAINING AND 103,458 103,458
RECRUITING.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
SERVICEWIDE SUPPORT
1804 470 ADMINISTRATION............. 3,899 3,899
1804 480 EXTERNAL RELATIONS......... 463 463
1804 500 MILITARY MANPOWER AND 563 563
PERSONNEL MANAGEMENT.
1804 510 OTHER PERSONNEL SUPPORT.... 2,525 2,525
1804 520 SERVICEWIDE COMMUNICATIONS. 23,557 23,557
LOGISTICS OPERATIONS AND
TECHNICAL SUPPORT
1804 540 SERVICEWIDE TRANSPORTATION. 223,890 223,890
1804 570 ACQUISITION AND PROGRAM 642 642
MANAGEMENT.
INVESTIGATIONS AND SECURITY
PROGRAMS
1804 610 NAVAL INVESTIGATIVE SERVICE 37,452 37,452
OTHER PROGRAMS
1804 999 OTHER PROGRAMS............. 25,299 25,299
TOTAL, BA 04: 318,290 318,290
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
1804 Total Operation and 6,219,583 -568,850 5,650,733
Maintenance, Navy.
1804
Operation and Maintenance,
Marine Corps
BUDGET ACTIVITY 01:
OPERATING FORCES
EXPEDITIONARY FORCES
1106 010 OPERATIONAL FORCES......... 2,048,844 2,048,844
1106 020 FIELD LOGISTICS............ 486,014 486,014
1106 030 DEPOT MAINTENANCE.......... 554,000 554,000
USMC PREPOSITIONING
1106 060 NORWAY PREPOSITIONING...... 950 950
BASE SUPPORT
1106 090 BASE OPERATING SUPPORT..... 121,700 121,700
TOTAL, BA 01: OPERATING 3,211,508 3,211,508
FORCES.
BUDGET ACTIVITY 03:
TRAINING AND RECRUITING
BASIC SKILLS AND ADVANCED
TRAINING
1106 120 SPECIALIZED SKILL TRAINING. 6,303 6,303
1106 140 PROFESSIONAL DEVELOPMENT 923 923
EDUCATION.
1106 150 TRAINING SUPPORT........... 205,625 205,625
TOTAL, BA 03: TRAINING AND 212,851 212,851
RECRUITING.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
SERVICEWIDE SUPPORT
1106 210 SPECIAL SUPPORT............ 2,576 2,576
1106 220 SERVICEWIDE TRANSPORTATION. 269,415 269,415
1106 230 ADMINISTRATION............. 5,250 5,250
TOTAL, BA 04: 277,241 277,241
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
1106 Total Operation and 3,701,600 3,701,600
Maintenance, Marine Corps.
1106
1106
Operation and Maintenance,
Air Force
BUDGET ACTIVITY 01:
OPERATING FORCES
AIR OPERATIONS
3400 010 PRIMARY COMBAT FORCES...... 1,582,431 1,582,431
3400 020 COMBAT ENHANCEMENT FORCES.. 1,460,018 1,460,018
3400 030 AIR OPERATIONS TRAINING 109,255 109,255
(OJT, MAINTAIN SKILLS).
3400 050 DEPOT MAINTENANCE.......... 304,540 304,540
3400 060 FACILITIES SUSTAINMENT, 121,881 121,881
RESTORATION &
MODERNIZATION.
3400 070 BASE SUPPORT............... 1,394,809 1,394,809
COMBAT RELATED OPERATIONS
3400 080 GLOBAL C3I AND EARLY 130,885 130,885
WARNING.
3400 090 OTHER COMBAT OPS SPT 407,554 407,554
PROGRAMS.
SPACE OPERATIONS
3400 130 SPACE CONTROL SYSTEMS...... 38,677 38,677
COCOM
3400 140 COMBATANT COMMANDERS DIRECT 157,000 157,000
MISSION SUPPORT.
TOTAL, BA 01: OPERATING 5,707,050 5,707,050
FORCES.
BUDGET ACTIVITY 02:
MOBILIZATION
MOBILITY OPERATIONS
3400 160 AIRLIFT OPERATIONS......... 3,171,148 3,171,148
3400 170 MOBILIZATION PREPAREDNESS.. 169,659 169,659
3400 180 DEPOT MAINTENANCE.......... 167,070 167,070
3400 190 FACILITIES SUSTAINMENT, 942 942
RESTORATION &
MODERNIZATION.
3400 200 BASE SUPPORT............... 45,998 45,998
TOTAL, BA 02: MOBILIZATION. 3,554,817 3,554,817
BUDGET ACTIVITY 03:
TRAINING AND RECRUITING
ACCESSION TRAINING
3400 240 FACILITIES SUSTAINMENT, 1,019 1,019
RESTORATION &
MODERNIZATION.
3400 250 BASE SUPPORT............... 19,361 19,361
BASIC SKILLS AND ADVANCED
TRAINING
3400 260 SPECIALIZED SKILL TRAINING. 48,442 48,442
3400 270 FLIGHT TRAINING............ 291 291
3400 280 PROFESSIONAL DEVELOPMENT 1,500 1,500
EDUCATION.
3400 290 TRAINING SUPPORT........... 1,427 1,427
TOTAL, BA 03: TRAINING AND 72,040 72,040
RECRUITING.
BUDGET ACTIVITY 04:
ADMINISTRATION &
SERVICEWIDE ACTIVITIES
LOGISTICS OPERATIONS
3400 370 LOGISTICS OPERATIONS....... 328,009 328,009
3400 420 BASE SUPPORT............... 35,322 35,322
SERVICEWIDE ACTIVITIES
3400 430 ADMINISTRATION............. 9,000 9,000
3400 440 SERVICEWIDE COMMUNICATIONS. 178,470 178,470
SECURITY PROGRAMS
3400 470 SECURITY PROGRAMS.......... 142,160 142,160
TOTAL, BA 04: 692,961 692,961
ADMINISTRATION &
SERVICEWIDE ACTIVITIES.
3400 Total Operation and 10,026,868 10,026,868
Maintenance, Air Force.
3400
Operation and Maintenance,
Defense-wide
BUDGET ACTIVITY 1:
OPERATING FORCES
DEFENSEWIDE ACTIVITIES
0100 010 JOINT CHIEFS OF STAFF...... 25,000 25,000
0100 020 SPECIAL OPERATIONS COMMAND. 2,519,935 2,519,935
TOTAL, BUDGET ACTIVITY 1:.. 2,544,935 2,544,935
BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES
DEFENSEWIDE ACTIVITIES
0100 100 DEFENSE CONTRACT AUDIT 13,908 13,908
AGENCY.
0100 130 DEFENSE INFORMATION SYSTEMS 245,117 245,117
AGENCY.
0100 150 DEFENSE LEGAL SERVICES..... 115,000 115,000
0100 170 DEFENSE MEDIA ACTIVITY..... 13,364 13,364
0100 200 DEFENSE THREAT REDUCTION 2,018 2,018
AGENCY.
0100 210 DEPARTMENT OF DEFENSE 553,600 553,600
EDUCATION AGENCY.
0100 220 DEFENSE CONTRACT MANAGEMENT 63,130 63,130
AGENCY.
0100 230 DEFENSE SECURITY 1,950,000 1,950,000
COOPERATION AGENCY.
0100 270 OFFICE OF THE SECRETARY OF 79,047 79,047
DEFENSE.
OTHER PROGRAMS
0100 999 OTHER PROGRAMS............. 1,998,181 1,998,181
TOTAL, BUDGET ACTIVITY 4:.. 5,033,365 5,033,365
0100 Total Operation and 7,578,300 7,578,300
Maintenance, Defense-Wide .
0100
0100
0100
Operation and Maintenance,
Army Reserve
BUDGET ACTIVITY 01:
OPERATING FORCES
LAND FORCES
2080 030 ECHELONS ABOVE BRIGADE..... 86,881 86,881
2080 050 LAND FORCES OPERATIONS 40,675 40,675
SUPPORT.
LAND FORCES READINESS
2080 070 FORCE READINESS OPERATIONS 21,270 21,270
SUPPORT.
2080 080 LAND FORCES SYSTEMS 17,500 17,500
READINESS.
LAND FORCES READINESS
SUPPORT
2080 100 BASE OPERATIONS SUPPORT.... 38,000 38,000
TOTAL, BA 01: OPERATING 204,326 204,326
FORCES.
2080 Total Operation and 204,326 204,326
Maintenance, Army Reserve.
2080
2080
Operation and Maintenance,
Navy Reserve
BUDGET ACTIVITY 01:
OPERATING FORCES
AIR OPERATIONS
1806 010 MISSION AND OTHER FLIGHT 26,673 26,673
OPERATIONS.
1806 020 INTERMEDIATE MAINTENANCE... 400 400
1806 040 AIRCRAFT DEPOT MAINTENANCE. 3,600 3,600
SHIP OPERATIONS
1806 060 MISSION AND OTHER SHIP 7,416 7,416
OPERATIONS.
1806 080 SHIP DEPOT MAINTENANCE..... 8,917 8,917
COMBAT OPERATIONS SUPPORT
1806 090 COMBAT COMMUNICATIONS...... 3,147 3,147
1806 100 COMBAT SUPPORT FORCES...... 13,428 13,428
BASE SUPPORT
1806 140 BASE OPERATING SUPPORT..... 4,478 4,478
TOTAL, BA 01: OPERATING 68,059 68,059
FORCES.
1806 Total Operation and 68,059 68,059
Maintenance, Navy Reserve.
1806
1806
Operation and Maintenance,
Marine Corps Reserve
BUDGET ACTIVITY 01:
OPERATING FORCES
EXPEDITIONARY FORCES
1107 010 OPERATING FORCES........... 77,849 77,849
BASE SUPPORT
1107 050 BASE OPERATING SUPPORT..... 8,818 8,818
TOTAL, BA 01: OPERATING 86,667 86,667
FORCES.
1107 Total Operation and 86,667 86,667
Maintenance, Marine Corps
Reserve.
1107
1107
Operation and Maintenance,
Air Force Reserve
BUDGET ACTIVITY 01:
OPERATING FORCES
AIR OPERATIONS
3740 010 PRIMARY COMBAT FORCES...... 3,618 3,618
3740 020 MISSION SUPPORT OPERATIONS. 7,276 7,276
3740 030 DEPOT MAINTENANCE.......... 114,531 114,531
3740 050 BASE SUPPORT............... 500 500
TOTAL, BA 01: OPERATING 125,925 125,925
FORCES.
3740 Total Operation and 125,925 125,925
Maintenance, Air Force
Reserve.
3740
3740
Operation and Maintenance,
Army National Guard
BUDGET ACTIVITY 01:
OPERATING FORCES
LAND FORCES
2065 010 MANEUVER UNITS............. 89,666 89,666
2065 020 MODULAR SUPPORT BRIGADES... 1,196 1,196
2065 030 ECHELONS ABOVE BRIGADE..... 18,360 18,360
2065 040 THEATER LEVEL ASSETS....... 380 380
2065 060 AVIATION ASSETS............ 59,357 59,357
LAND FORCES READINESS
2065 070 FORCE READINESS OPERATIONS 94,458 94,458
SUPPORT.
LAND FORCES READINESS
SUPPORT
2065 100 BASE OPERATIONS SUPPORT.... 22,536 22,536
2065 120 MANAGEMENT AND OPERATIONAL 35,693 35,693
HQ.
2065 130 ADDITIONAL ACTIVITIES......
TOTAL, BA 01: OPERATING 321,646 321,646
FORCES.
2065 Total Operation and 321,646 321,646
Maintenance, Army National
Guard.
2065
2065
Operation and Maintenance,
Air National Guard
BUDGET ACTIVITY 01:
OPERATING FORCES
AIR OPERATIONS
3840 010 AIRCRAFT OPERATIONS........ 103,259 103,259
3840 020 MISSION SUPPORT OPERATIONS. 51,300 51,300
3840 030 DEPOT MAINTENANCE.......... 135,303 135,303
TOTAL, BA 01: OPERATING 289,862 289,862
FORCES.
3840 Total Operation and 289,862 289,862
Maintenance, Air National
Guard.
3840
3840
Afghanistan Security Forces
Fund
2091 010 INFRASTRUCTURE............. 868,320 868,320
2091 020 EQUIPMENT AND 1,615,192 1,615,192
TRANSPORTATION.
2091 030 TRAINING AND OPERATIONS.... 272,998 272,998
2091 040 SUSTAINMENT................ 1,945,887 1,945,887
2091 060 INFRASTRUCTURE............. 605,584 605,584
2091 070 EQUIPMENT AND 279,186 279,186
TRANSPORTATION.
2091 080 TRAINING AND OPERATIONS.... 648,217 648,217
2091 090 SUSTAINMENT................ 1,219,966 1,219,966
2091 120 SUSTAINMENT................ 5,919 5,919
2091 130 TRAINING AND OPERATIONS.... 1,500 1,500
2091 TOTAL, Afghanistan Security 7,462,769 7,462,769
Forces Fund.
Pakistan Counterinsurgency
Capability Fund
2095 INFRASTRUCTURE............. 41,970 [-41,970]
2095 EQUIPMENT/TRANSPORTATION... 397,907 [-397,907]
2095 TRAINING AND OPERATIONS.... 67,953 [-67,953]
2095 INFRASTRUCTURE............. 73,000 [-73,000]
2095 EQUIPMENT/TRANSPORTATION... 107,000 [-107,000]
2095 TRAINING AND OPERATIONS.... 8,170 [-8,170]
2095 HUMANITARIAN ASSISTANCE.... 4,000 [-4,000]
2095 TOTAL, Pakistan 700,000 -700,000
Counterinsurgency
Capability Fund.
MISCELLANEOUS
APPROPRIATIONS
0141 080 IRAQ FREEDOM FUND.......... 115,300 115,300
TOTAL, MISCELLANEOUS 115,300 115,300
APPROPRIATIONS.
TOTAL TITLE III--OPERATION 89,071,566 -1,368,850 87,702,716
AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
TITLE XLIV--OTHER AUTHORIZATIONS
SEC. 4401. OTHER AUTHORIZATIONS.
----------------------------------------------------------------------------------------------------------------
OTHER AUTHORIZATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Item FY 2010 Request Senate Change Senate Authorized
----------------------------------------------------------------------------------------------------------------
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
Defense Working Capital Funds....................... 141,388 141,388
Defense Commissary Agency........................... 1,313,616 1,313,616
NATIONAL DEFENSE SEALIFT FUND
National Defense Sealift Fund....................... 1,642,758 -400,000 1,242,758
T-AKE Program Reduction.......................... [-400,000]
DEFENSE COALITION SUPPORT FUND
Defense Coalition Support Fund...................... 22,000 -22,000
Total Revolving and Management Funds................ 3,119,762 -422,000 2,697,762
MILITARY PROGRAMS
DEFENSE HEALTH PROGRAM
DEFENSE HEALTH PROGRAM--O&M......................... 26,967,919 26,000 26,993,919
TRICARE Continuation Pending MEDICARE Eligibility [4,000]
Reimbursement for exceptional travel under [10,000]
TRICARE..........................................
TRICARE eligibility for Retired Reservists under [10,000]
the age of 60....................................
Expansion of survivor eligibility for the TRICARE [2,000]
dental program...................................
DEFENSE HEALTH PROGRAM--R&D......................... 613,102 -15,300 597,802
Program Reduction (PE 67100HP)................... [-10,000]
Cancer Center of Excellence (PE 63115HP)......... [-5,300]
DEFENSE HEALTH PROGRAM--PROCUREMENT................. 322,142 322,142
Total Defense Health Program........................ 27,903,163 10,700 27,913,863
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M.......................... 1,146,802 1,146,802
CHEM DEMILITARIZATION--RDT&E........................ 401,269 401,269
CHEM DEMILITARIZATION--PROC......................... 12,689 12,689
Total Chemical Agents and Munitions Destruction... 1,560,760 1,560,760
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 1,058,984 18,800 1,077,784
DEFENSE............................................
High Priority National Guard Counterdrug Programs [30,000]
Mobile Sensor Barrier............................ [5,000]
United States European Command (EUCOM) [-8,000]
Counternarcotics Support (Project Code (PC) 9205)
EUCOM Headquarters Support (PC2346).............. [-800]
EUCOM Interagency Fusion Centers (PC2365)........ [-1,000]
Relocatable Over-the Horizon-Radar (PC3217)...... [-5,000]
U.S. Special Operations Command Support to [-200]
Combatant Commanders (PC6505)....................
EUCOM Counternarcotics Reserve Support (PC9215).. [-1,200]
Total Drug Interdiction and Counter-Drug Activities. 1,058,984 18,800 1,077,784
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL--O&M................ 271,444 15,000 286,444
Second year growth plan.......................... [15,000]
OFFICE OF THE INSPECTOR GENERAL--PROCUREMENT........ 1,000 1,000 2,000
Second year growth plan.......................... [1,000]
Total Office of the Inspector General............... 272,444 16,000 288,444
TOTAL OTHER AUTHORIZATIONS.......................... 33,915,113 -376,500 33,538,613
Memorandum: Civil Program (non-defense)
Armed Forces Retirement Home (Budget Function 600).. 134,000 134,000
----------------------------------------------------------------------------------------------------------------
SEC. 4402. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Item FY 2010 Request Senate Change Senate Authorized
----------------------------------------------------------------------------------------------------------------
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
Defense Working Capital Funds....................... 396,915 396,915
Total Revolving and Management Funds................ 396,915 396,915
MILITARY PROGRAMS
DEFENSE HEALTH PROGRAM
DEFENSE HEALTH PROGRAM--O&M......................... 1,155,235 1,155,235
Total Defense Health Program........................ 1,155,235 1,155,235
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 324,603 324,603
DEFENSE............................................
Total Drug Interdiction and Counter-Drug Activities. 324,603 324,603
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL--O&M................ 8,876 8,876
Total Office of the Inspector General............... 8,876 8,876
TOTAL OTHER AUTHORIZATIONS.......................... 1,885,629 1,885,629
----------------------------------------------------------------------------------------------------------------
TITLE XLV--MILITARY CONSTRUCTION
SEC. 4501. MILITARY CONSTRUCTION.
--------------------------------------------------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION (In Thousands of Dollars)
---------------------------------------------------------------------------------------------------------------------------------------------------------
Budget Senate
Account State/ Country Installation Project Title Request Senate Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force AK CLEAR AFS POWER PLANT FACILITY....... 24,300 24,300
Air Force AK EIELSON AFB ARCTIC UTILIDORS--PHASE 11. 9,900 9,900
Air Force AK EIELSON AFB TAXIWAY LIGHTING........... 3,450 3,450
Air Force AK ELMENDORF AFB RED FLAG ALASKA ADD/ALTER 3,100 3,100
OPERATIONS CENTER.
Air Force AK ELMENDORF AFB F-22 WEAPONS LOAD TRAINING 12,600 12,600
FACILITY.
Def-Wide AK ELMENDORF AFB AEROMEDICAL SERVICES/MENTAL 25,017 25,017
HEALTH CLINIC.
Army AK FORT RICHARDSON AIRBORNE SUSTAINMENT 6,100 6,100
TRAINING COMPLEX.
Army AK FORT RICHARDSON TRAINING AIDS CENTER....... 2,050 2,050
Army AK FORT RICHARDSON WARRIOR IN TRANSITION 43,000 43,000
COMPLEX.
Army AK FORT RICHARDSON COMBAT PISTOL RANGE........ 4,900 4,900
Def-Wide AK FORT RICHARDSON HEALTH CLINIC.............. 3,518 3,518
Army AK FORT WAINWRIGHT RAILHEAD COMPLEX........... 26,000 26,000
Army AK FORT WAINWRIGHT AVIATION UNIT OPERATIONS 19,000 19,000
COMPLEX.
Army AK FORT WAINWRIGHT AVIATION TASK FORCE 125,000 125,000
COMPLEX, PH 1.
Army AK FORT WAINWRIGHT WARRIOR IN TRANSITION 28,000 28,000
COMPLEX.
ARNG AL FORT MC CLELLAN URBAN ASSAULT COURSE....... 3,000 3,000
Army AL REDSTONE ARSENAL GATE 7 ACCESS CONTROL POINT 3,550 3,550
Def-Wide AL REDSTONE ARSENAL MISSILE AND SPACE INTEL 12,000 12,000
CENTER EOE COMPLEX.
Air Force AR LITTLE ROCK AFB C-130 FLIGHT SIMULATOR 5,800 5,800
ADDITION.
Air Force AR LITTLE ROCK AFB SECURITY FORCES OPERATIONS 10,400 10,400
FACILITY.
Army AR PINE BLUFF ARSENAL FUSE & DETONATOR MAGAZINE, 25,000 25,000
DEPOT LEVEL.
ARNG AZ CAMP NAVAJO COMBAT PISTOL QUALIFICATION 3,000 3,000
COURSE.
Air Guard AZ DAVIS-MONTHAN AFB TFI-PREDATOR BEDDOWN-FOC... 5,600 5,600
Air Force AZ DAVIS-MONTHAN AFB DORMITORY (144 RM)......... 20,000 20,000
Air Force AZ DAVIS-MONTHAN AFB CSAR HC-130J SIMULATOR 8,400 8,400
FACILITY.
Air Force AZ DAVIS-MONTHAN AFB CSAR HC-130J RQS OPERATIONS 8,700 8,700
FACILITY.
Air Force AZ DAVIS-MONTHAN AFB CSAR HC-130J INFRASTRUCTURE 4,800 4,800
Army AZ FORT HUACHUCA UAV ER/MPER/MP............. 15,000 15,000
Army AZ FORT HUACHUCA BATTALION HEADQUARTERS UAV. 6,000 6,000
Naval Res AZ PHOENIX RESERVE CENTER MOVE TO LUKE 10,986 10,986
AFB, NOSC PHOENIX.
Navy AZ YUMA AIRCRAFT MAINTENANCE HANGAR 27,050 27,050
(PHASE 1).
Navy AZ YUMA AIRFIELD ELEC. DIST. AND 1,720 1,720
CONTOL.
Naval Res CA ALAMEDA RESERVE TRAINING CENTER-- 5,960 5,960
ALAMEDA, CA.
Navy CA BRIDGEPORT FIRE STATION--RENOVATION-- 4,460 4,460
MWTC.
Navy CA CAMP PENDLETON ANGLICO OPERATIONS COMPLEX. 25,190 25,190
Navy CA CAMP PENDLETON RECON BN OPERATIONS COMPLEX 77,660 77,660
Navy CA CAMP PENDLETON COMM/ELEC MAINTENANCE 13,170 13,170
FACILITY.
Navy CA CAMP PENDLETON EXPANSION OF SRTTP TO 7.5 55,180 55,180
MGD.
Navy CA CAMP PENDLETON NORTH REGION TERTIARY 142,330 142,330
TREATMENT PLANT (PH 1).
Navy CA CAMP PENDLETON GAS/ELECTRICAL UPGRADES.... 51,040 51,040
Navy CA CAMP PENDLETON RECRUIT BARRACKS--SCHOOL OF 53,320 53,320
INFANTRY.
Navy CA CAMP PENDLETON ENLISTED DINING FACILITY... 32,300 32,300
Navy CA CAMP PENDLETON RECRUIT BARRACKS--FIELD/K- 23,200 23,200
SPAN.
Navy CA CAMP PENDLETON COMMUNICATIONS UPGRADES.... 79,492 79,492
Navy CA CAMP PENDLETON ELECTRICAL DISTRIBUTION 76,950 76,950
SYSTEM.
Navy CA CAMP PENDLETON OPERATIONS ACCESS POINTS... 12,740 12,740
Navy CA CAMP PENDLETON ENLISTED DINING FACILITY-- 37,670 37,670
EDSON RANGE.
Navy CA CAMP PENDLETON BEQ........................ 39,610 39,610
Navy CA CAMP PENDLETON RECRUIT MARKSMANSHIP 13,730 13,730
TRAINING FACILITY.
Navy CA CAMP PENDLETON EXPAND COMBAT AIRCRAFT 12,240 12,240
LOADING APRON.
Navy CA CAMP PENDLETON AVIATION TRANSMITTER/ 13,560 13,560
RECEIVER SITE.
Navy CA CAMP PENDLETON WFTBN SUPPORT FACILITIES... 15,780 15,780
USAR CA CAMP PENDLETON ARMY RESERVE CENTER........ 19,500 19,500
Def-Wide CA CORONADO SOF CLOSE QUARTERS COMBAT 15,722 15,722
TRAINING FACILITY.
Navy CA EDWARDS AIR FORCE BASE EDWARDS RAMP EXTENSION..... 3,007 3,007
Def-Wide CA EL CENTRO AIRCRAFT DIRECT FUELING 11,000 11,000
STATION.
Army CA FORT IRWIN MOUT ASSAULT COURSE, PH 4.. 9,500 9,500
ARNG CA FRESNO YOSEMITE IAP 144th SQUADRON OPERATIONS 9,900 9,900
FACILITY.
ARNG CA LOS ALAMITOS READINESS CENTER PH1....... 31,000 31,000
USAR CA LOS ANGELES ARMY RESERVE CENTER........ 29,000 29,000
Navy CA MIRAMAR AIRCRAFT PARKING APRON 9,280 9,280
MODIFICATION.
Def-Wide CA POINT LOMA ANNEX REPLACE FUEL STORAGE FAC 92,300 92,300
INCR 2.
Navy CA POINT LOMA ANNEX PUBLIC WORKS SHOPS 8,730 8,730
CONSOLIDATION.
Navy CA SAN DIEGO MESSHALL EXPANSION......... 23,590 23,590
Air Guard CA SOCAL LOGISTICS AIRPORT TFI-PREDATOR BEDDOWN-FTU/ 8,400 8,400
LRE SITE.
Air Force CA TRAVIS AFB CONSTRUCT KC-10 CARGO LOAD 6,900 6,900
TRAINING FACILITY.
Def-Wide CA TRAVIS AFB REPLACE FUEL DISTRIBUTION 15,357 15,357
SYSTEM.
Navy CA TWENTYNINE PALMS STATION COMM FACILITY AND 49,040 49,040
INFRASTRUCTURE.
Navy CA TWENTYNINE PALMS SUB-STATION AND ELECTRICAL 31,310 31,310
UPGRADES.
Navy CA TWENTYNINE PALMS ELEC. INFRA. UPGRADE-- 46,220 46,220
34.5KV TO 115KV.
Navy CA TWENTYNINE PALMS ELEC. POWER PLANT/CO-GEN/ 53,260 53,260
GAS TURBINE--N.
Navy CA TWENTYNINE PALMS WATER IMPROVEMENTS AND 30,610 30,610
STORAGE TANK.
Navy CA TWENTYNINE PALMS SEWAGE SYSTEM IMP. AND LIFT 5,800 5,800
STATION.
Navy CA TWENTYNINE PALMS HTHW/CHILLED WATER SYSTEM.. 25,790 25,790
Navy CA TWENTYNINE PALMS NATURAL GAS SYSTEM 19,990 19,990
EXTENSION.
Navy CA TWENTYNINE PALMS INDUSTRIAL WASTE WATER 3,330 3,330
PRETREATMENT SYS..
Navy CA TWENTYNINE PALMS LAYDOWN SITE WORK--NORTH 21,740 21,740
MAINSIDE.
Navy CA TWENTYNINE PALMS SECONDARY ELEC. DIST.-- 31,720 31,720
NORTH MAINSIDE.
Navy CA TWENTYNINE PALMS CONSTRUCT ROADS--NORTH 29,360 29,360
MAINSIDE.
Navy CA TWENTYNINE PALMS MAINT. SHOP--WHEELED....... 16,040 16,040
Navy CA TWENTYNINE PALMS MAINT. SUNSHADES--WHEELED.. 12,580 12,580
Navy CA TWENTYNINE PALMS COMM/ELECT MAINT/STORAGE... 12,660 12,660
Navy CA TWENTYNINE PALMS DINING FACILITY--NORTH 17,200 17,200
MAINSIDE.
Navy CA TWENTYNINE PALMS BEQ........................ 37,290 37,290
Navy CA TWENTYNINE PALMS MAINT. SHOP--TRACKED....... 19,780 19,780
Navy CA TWENTYNINE PALMS BEQ........................ 37,290 37,290
Navy CA TWENTYNINE PALMS CONSOLIDATED ARMORY--TANKS. 12,670 12,670
Air Force CA VANDENBERG AFB CHILD DEVELOPMENT CENTER... 13,000 13,000
Air Guard CO BUCKLEY ANG BASE ADD/ALTER WEAPONS RELEASE.. 4,500 4,500
USAR CO COLORADO SPRINGS ARMY RESERVE CENTER/LAND... 13,000 13,000
Army CO FORT CARSON TRAINING AIDS CENTER....... 18,500 18,500
Army CO FORT CARSON BRIGADE COMPLEX............ 69,000 69,000
Army CO FORT CARSON BRIGADE COMPLEX, PH 1...... 102,000 -102,000
Army CO FORT CARSON RAILROAD TRACKS............ 14,000 14,000
Army CO FORT CARSON WARRIOR IN TRANSITION (WT) 56,000 56,000
COMPLEX.
Army CO FORT CARSON AUTOMATED QUALIFICATION 11,000 11,000
TRAINING RANGE.
Army CO FORT CARSON MODIFIED RECORD FIRE RANGE. 4,450 -4,450
Army CO FORT CARSON AUTOMATED MULTIPURPOSE 7,400 7,400
MACHINE GUN RANGE.
Army CO FORT CARSON SCOUT/RECCE GUNNERY COMPLEX 16,000 16,000
Army CO FORT CARSON URBAN ASSAULT COURSE....... 3,100 -3,100
Army CO FORT CARSON CONVOY LIVE FIRE RANGE..... 6,500 6,500
Army CO FORT CARSON COMMISSARY................. 35,000 35,000
Army CO FORT CARSON BARRACKS & DINING, 60,000 60,000
INCREMENT 2.
Def-Wide CO FORT CARSON HEALTH AND DENTAL CLINIC... 52,773 -20,873 31,900
Def-Wide CO FORT CARSON SOF BATTALION OPS COMPLEX.. 45,200 45,200
Def-Wide CO FORT CARSON SOF MILITARY WORKING DOG 3,046 3,046
FACILITY.
Air Force CO PETERSON AFB C-130 SQUAD OPS/AMU (TFI).. 5,200 5,200
Air Force CO PETERSON AFB NATIONAL SECURITY SPACE 19,900 19,900
INSTITUTE.
Chem Demil CO PUEBLO DEPOT AMMUNITION DEMILITARIZATION 92,500 92,500
FACILITY, PH XI.
AF Reserve CO SCHRIEVER AFB WING HEADQUARTERS.......... 10,200 10,200
Air Force CO U.S. AIR FORCE ACADEMY ADD TO CADET FITNESS CENTER 17,500 17,500
Air Guard CT BRADLEY NATL AP CNAF BEDDOWN UPGRADE 9,100 9,100
FACILITIES.
USAR CT BRIDGEPORT ARMY RESERVE CENTER/LAND... 18,500 18,500
Air Force DE DOVER AFB C-5 CARGO AIRCRAFT MAINT 5,300 5,300
TRAINING FACILITY P1.
Air Force DE DOVER AFB CONSOL COMM FAC............ 12,100 12,100
Air Force DE DOVER AFB CHAPEL CENTER.............. 7,500 7,500
Navy FL BLOUNT ISLAND PORT OPERATIONS FACILITY... 3,760 3,760
Air Force FL EGLIN AFB F-35 DUKE CONTROL TOWER.... 3,420 3,420
Air Force FL EGLIN AFB CONSTRUCT DORMITORY (96 RM) 11,000 11,000
Air Force FL EGLIN AFB F-35 POL OPS FACILITY...... 3,180 3,180
Air Force FL EGLIN AFB F-35 HYDRANT REFUELING 8,100 8,100
SYSTEM PHASE 1.
Air Force FL EGLIN AFB F-35 PARALLEL TAXIWAY 1,440 1,440
LADDER.
Air Force FL EGLIN AFB F-35 JPS FLIGHTLINE 5,400 5,400
FILLSTANDS.
Air Force FL EGLIN AFB F-35 JP-8 WEST SIDE BULK 960 960
FUEL TANK UPGRADES.
Air Force FL EGLIN AFB F-35 LIVE ORDINANCE LOAD 9,900 9,900
FACILITY.
Air Force FL EGLIN AFB F-35 A/C PARKING APRON..... 16,400 16,400
Army FL EGLIN AFB OPERATIONS COMPLEX, PH 3... 80,000 80,000
Army FL EGLIN AFB INDOOR FIRING RANGE........ 8,900 8,900
Army FL EGLIN AFB LIVE FIRE EXERCISE 8,000 8,000
SHOOTHOUSE.
Army FL EGLIN AFB LIVE FIRE EXERCISE BREACH 4,950 4,950
FACILITY.
Army FL EGLIN AFB NON-STANDARD SMALL ARMS 3,400 3,400
RANGE.
Army FL EGLIN AFB GRENADE LAUNCHER RANGE..... 1,600 1,600
Army FL EGLIN AFB HAND GRENADE QUALIFICATION 1,400 1,400
COURSE.
Army FL EGLIN AFB URBAN ASSAULT COURSE....... 2,700 2,700
Army FL EGLIN AFB ANTI-ARMOR, TRACKING & LIVE 3,400 3,400
FIRE RANGE.
Army FL EGLIN AFB AUTOMATED QUALIFICATION/ 12,000 12,000
TRAINING RANGE.
Army FL EGLIN AFB LIGHT DEMOLITION RANGE..... 2,200 2,200
Army FL EGLIN AFB BASIC 10M-25M FIRING RANGE 3,050 3,050
(ZERO).
Def-Wide FL EGLIN AFB SOF MILITARY WORKING DOG 3,046 3,046
FACILITY.
Navy FL EGLIN AFB F-35 HYDRANT REFUELING SYS, 6,208 6,208
PH 1.
Navy FL EGLIN AFB F-35 PARALLEL TAXIWAY 931 931
LADDER.
Navy FL EGLIN AFB F-35 A/C PARKING APRON..... 11,252 11,252
Navy FL EGLIN AFB BACHELOR ENLISTED QUARTERS, 26,287 26,287
EOD SCHOOL, PHASE.
Navy FL EGLIN AFB F-35 JP8 WEST SIDE BULK 621 621
TANK UPGRADES.
Navy FL EGLIN AFB F-35 POL OPERATIONS 2,056 2,056
FACILITY (EGLIN).
Navy FL EGLIN AFB F-35 JP8 FLIGHTLINE 3,492 3,492
FILLSTANDS (EGLIN).
Army FL EGLIN AFB (CAMP RUDDER) ELEVATED WATER STORAGE TANK 1,200 1,200
Air Force FL HURLBURT FIELD REFUELING VEHICLE 2,200 2,200
MAINTENANCE FACILITY.
Air Force FL HURLBURT FIELD ELECTRICAL DISTRIBUTION 8,300 8,300
SUBSTATION.
Def-Wide FL HURLBURT FIELD SOF SIMULATOR FACILITY FOR 8,156 8,156
MC-130 (RECAP).
Navy FL JACKSONVILLE P-8/MMA FACILITIES 5,917 5,917
MODIFICATION.
Def-Wide FL JACKSONVILLE IAP REPLACE JET FUEL STORAGE 11,500 11,500
COMPLEX.
Air Force FL MACDILL AFB DORMITORY (120 ROOM)....... 16,000 16,000
Air Force FL MACDILL AFB CHILD DEVELOPMENT CENTER... 7,000 7,000
Air Force FL MACDILL AFB CENTCOM COMMANDANT FACILITY 15,300 15,300
Navy FL MAYPORT WHARF CHARLIE REPAIR....... 29,682 29,682
Navy FL MAYPORT CHANNEL DREDGING........... 46,303 46,303
Army FL MIAMI DORAL SOUTHCOM HEADQUARTERS, INCR 55,400 55,400
3.
USAR FL PANAMA CITY ARMY RESERVE CENTER/LAND... 7,300 7,300
Air Force FL PATRICK AFB COMBAT WEAPONS TRAINING 8,400 8,400
FACILITY.
Navy FL PENSACOLA CORRY ``A'' SCHOOL BACHELOR 22,950 22,950
ENLISTED QUARTERS R.
Navy FL PENSACOLA SIMULATOR ADDITION FOR UMFO 3,211 3,211
PROGRAM.
USAR FL WEST PALM BEACH ARMY RESERVE CENTER/LAND... 26,000 26,000
Navy FL WHITING FIELD T-6B JPATS TRNG. OPS 4,120 4,120
PARALOFT FACIILITY.
USAR GA ATLANTA ARMY RESERVE CENTER/LAND... 14,000 14,000
Army GA FORT BENNING COMBINED ARMS COLLECTIVE 10,800 10,800
TRAINING FACILITY.
Army GA FORT BENNING FIRE AND MOVEMENT RANGE.... 2,800 2,800
Army GA FORT BENNING BATTLE LAB................. 30,000 30,000
Army GA FORT BENNING TRAINING AREA TANK TRAILS.. 9,700 9,700
Army GA FORT BENNING TRAINING BATTALION COMPLEX. 38,000 38,000
Army GA FORT BENNING DINING FACILITY............ 15,000 15,000
Army GA FORT BENNING WARRIOR IN TRANSITION (WT) 53,000 53,000
COMPLEX.
Army GA FORT BENNING TRAINING BATTALION COMPLEX, 31,000 31,000
PH 1.
Army GA FORT BENNING TRAINING BATTALION COMPLEX, 31,000 31,000
PH 1.
Army GA FORT BENNING TRAINEE BARRACKS COMPLEX, 74,000 74,000
PH 1.
ARNG GA FORT BENNING READINESS CENTER........... 15,500 15,500
Def-Wide GA FORT BENNING BLOOD DONOR CENTER 12,313 12,313
REPLACEMENT.
Def-Wide GA FORT BENNING DENTAL CLINIC.............. 4,887 4,887
Def-Wide GA FORT BENNING SOF EXPAND BATTALION 3,046 3,046
HEADQUARTERS.
Def-Wide GA FORT BENNING WILSON ES CONSTRUCT 2,330 2,330
GYMNASIUM.
Army GA FORT GILLEM FORENSIC LAB............... 10,800 10,800
Army GA FORT STEWART BRIGADE COMPLEX............ 93,000 -45,000 48,000
Army GA FORT STEWART AUTOMATED SNIPER FIELD FIRE 3,400 -3,400
RANGE.
Army GA FORT STEWART WARRIOR IN TRANSITION (WT) 49,000 49,000
COMPLEX.
Army GA FORT STEWART BARRACKS & DINING, 80,000 80,000
INCREMENT 2.
Def-Wide GA FORT STEWART HEALTH AND DENTAL CLINIC... 26,386 -4,186 22,200
Def-Wide GA FORT STEWART NEW ELEMENTARY SCHOOL...... 22,502 -22,502
Def-Wide GA FORT STEWART NEW ELEMENTARY SCHOOL...... 22,501 22,501
Army GA HUNTER ARMY AIRFIELD AVIATION READINESS CENTER.. 8,967 8,967
Air Force GA MOODY AFB RESCUE OPNS/MAINT HQ FAC... 8,900 8,900
Def-Wide HI FORD ISLAND PACIFIC OPERATIONS FACILITY 9,633 9,633
UPGRADE.
Air Guard HI HICKAM AFB TFI--F-22 LO/COMPOSITE 26,000 26,000
REPAIR FACILITY.
Air Guard HI HICKAM AFB TFI--F-22 PARKING APRON AND 7,000 7,000
TAXIWAYS.
Navy HI NAVSTA PEARL HARBOR PRODUCTION SERVICES SUPPORT 30,360 30,360
FACILITY.
Navy HI OAHU RANGE, 1000--PUULOA........ 5,380 5,380
Navy HI PEARL HARBOR PACFLT SUB DRIVE-IN MAG 8,645 8,645
SILENCING FAC (INCR3).
Navy HI PEARL HARBOR APCSS CONF & TECH LEARNING 12,775 12,775
CENTER.
Navy HI PEARL HARBOR MISSILE MAGAZINES (5), WEST 22,407 22,407
LOCH.
Army HI SCHOFIELD BARRACKS VEHICLE MAINTENANCE SHOP... 63,000 63,000
Army HI SCHOFIELD BARRACKS VEHICLE MAINTENANCE SHOP... 36,000 36,000
Army HI SCHOFIELD BARRACKS WARRIOR IN TRANSITION (WT) 55,000 55,000
BARRACKS.
Army HI SCHOFIELD BARRACKS WARRIOR IN TRANSITION 30,000 30,000
COMPLEX.
Air Force HI WHEELER AFB CONSTRUCT ASOC COMPLEX..... 15,000 15,000
Army HI WHEELER AFB REGIONAL SATCOM INFORMATION 7,500 7,500
CENTER.
Air Guard IA DES MOINES DES MOINES ALT SECURITY 4,600 4,600
FORCES FAC.
ARNG IA JOHNSTON US PROPERTY AND FISCAL 4,000 4,000
OFFICE.
ARNG ID GOWEN FIELD COMBINED ARMS COLLECTIVE 16,100 16,100
TRAINING FACILITY.
Air Force ID MOUNTAIN HOME AFB LOGISTICS READINESS CENTER. 20,000 20,000
USAR IL CHICAGO ARMY RESERVE CENTER........ 23,000 23,000
Naval Res IL JOLIET ARMY AMMO PLANT RESERVE TRAINING CENTER-- 7,957 7,957
JOLIET, IL.
ARNG IL MILAN READINESS CENTER........... 5,600 5,600
Air Force IL SCOTT AIR FORCE BASE AEROMEDICAL EVAC FACILITY.. 7,400 7,400
ARNG IN MUSCATATUCK COMBINED ARMS COLLECTIVE 10,100 10,100
TRAINING FACILITY PH.
Navy IN NAVAL SUP ACT CRANE STRATEGIC WEAPONS SYSTEMS 13,710 13,710
ENG FACILITY.
Army KS FORT RILEY TRAINING AIDS CENTER....... 15,500 15,500
Army KS FORT RILEY ADVANCED WASTE WATER 28,000 28,000
TREATMENT PLANT.
Army KS FORT RILEY IGLOO STORAGE, INSTALLATION 7,200 7,200
Army KS FORT RILEY BRIGADE COMPLEX............ 49,000 49,000
Army KS FORT RILEY BATTALION COMPLEX.......... 59,000 59,000
Army KS FORT RILEY LAND VEHICLE FUELING 3,700 3,700
FACILITY.
Army KS FORT RILEY ESTES ROAD ACCESS CONTROL 6,100 6,100
POINT.
ARNG KS SALINA ARNG AV FAC TAXIWAY ALTERATIONS........ 2,227 2,227
Chem Demil KY BLUE GRASS ARMY DEPOT AMMUNITION DEMILITARIZATION 54,041 5,000 59,041
PH X.
Army KY FORT CAMPBELL INSTALLATION CHAPEL CENTER. 14,400 14,400
Army KY FORT CAMPBELL 5TH SFG LANGUAGE 5,800 5,800
SUSTAINMENT TRNG FAC.
Def-Wide KY FORT CAMPBELL HEALTH CLINIC.............. 8,600 8,600
Def-Wide KY FORT CAMPBELL SOF BATTALION OPERATIONS 29,289 29,289
COMPLEX.
Def-Wide KY FORT CAMPBELL SOF MILITARY WORKING DOG 3,046 3,046
FACILITY.
Army KY FORT KNOX WARRIOR IN TRANSITION (WT) 70,000 70,000
COMPLEX.
Air Force LA BARKSDALE AFB PHASE FIVE RAMP 12,800 12,800
REPLACEMENT--AIRCRAFT
APRON.
Army LA FORT POLK WARRIOR IN TRANSITION (WT) 32,000 32,000
COMPLEX.
Army LA FORT POLK LAND PURCHASES AND 17,000 17,000
CONDEMNATION.
ARNG MA HANSCOM AFB ARMED FORCES RESERVE CENTER 29,000 29,000
(JFHQ).
Air Guard MA OTIS ANGB COMPOSITE OPERATIONS AND 12,800 12,800
TRAINING FACILITY.
Army MD ABERDEEN PG ANALYTICAL CHEM WING-- 15,500 15,500
ADVANCED CHEM LAB.
Def-Wide MD ABERDEEN PG USAMRICD REPLACEMENT, INC 111,400 111,400
II.
Air Force MD ANDREWS AFB REPLACE MUNITIONS STORAGE 9,300 9,300
AREA.
Air Guard MD ANDREWS AFB RPL MUNITIONS MAINTENANCE 14,000 14,000
AND STORAGE COMPLEX.
Army MD FORT DETRICK SATELLITE COMMUNICATIONS 18,000 18,000
CENTER.
Army MD FORT DETRICK SATELLITE COMMUNICATIONS 21,000 21,000
FACILITY.
Def-Wide MD FORT DETRICK BOUNDARY GATE AT NALIN POND 10,750 10,750
Def-Wide MD FORT DETRICK EMERGENCY SERVICE CENTER... 16,125 16,125
Def-Wide MD FORT DETRICK USAMRIID STAGE I, INC IV... 108,000 108,000
Def-Wide MD FORT DETRICK NIBC TRUCK INSPECTION 2,932 2,932
STATION & ROAD.
Def-Wide MD FORT MEADE SOUTH CAMPUS UTILITY PLANT 175,900 175,900
PH 2.
Def-Wide MD FORT MEADE NSAW CAMPUS CHILLED WATER 19,100 19,100
BACKUP.
Def-Wide MD FORT MEADE MISSION SUPPORT--PSAT...... 8,800 8,800
Air Guard ME BANGOR IAP REPLACE AIRCRAFT MAINT 28,000 28,000
HANGAR/SHOPS.
Navy ME PORTSMOUTH NAV SHP GATE 2 SECURITY 7,100 7,100
IMPROVEMENTS.
Air Guard MI ALPENA CRTC REPLACE TROOP QUARTERS..... 8,900 8,900
Air Guard MI BATTLE CREEK ANG BASE CNAF BED DOWN FACILITIES... 14,000 14,000
Air Guard MI SELFRIDGE ANG BASE A-10 SQUAD OPERATIONS 7,100 7,100
FACILITY.
ARNG MN ARDEN HILLS READINESS CENTER PH2....... 6,700 6,700
ARNG MN CAMP RIPLEY URBAN ASSAULT COURSE....... 1,710 1,710
Def-Wide MN DULUTH IAP JET FUEL STOARGE COMPLEX... 15,000 15,000
USAR MN FORT SNELLING ARMY RESERVE CENTER........ 12,000 12,000
Air Guard MN MINN/ST. PAUL IAP 133RD MINNESOTA STARBASE FACILITY 1,900 1,900
AW BASE ALTERATION.
ARNG MO BOONVILLE READINESS CENTER ADD/ALT... 1,800 1,800
Army MO FORT LEONARD WOOD AUTOMATED-AIDED INSTRUCTION 27,000 27,000
FACILITY.
Army MO FORT LEONARD WOOD WHEELED VEHICLE DRIVERS 17,500 17,500
COURSE.
Army MO FORT LEONARD WOOD WARRIOR IN TRANSITION 19,500 19,500
COMPLEX.
Army MO FORT LEONARD WOOD TRANSIENT ADVANCED TRAINEE 99,000 99,000
BARRACKS, PH 1.
Def-Wide MO FORT LEONARD WOOD DENTAL CLINIC ADDITION..... 5,570 5,570
Air Guard MO ROSECRANS MEM AP REPLACE FIRE/CRASH RESCUE 9,300 9,300
STATION PHASE II.
ARNG MS CAMP SHELBY COMBINED ARMS COLLECTIVE 16,100 16,100
TNG FAC ADD/ALT.
Air Guard MS COLUMBUS AFB AIRCRAFT MAINTENANCE 10,000 10,000
ADMINISTRATION FACILITY.
AF Reserve MS KEESLER AFB AERIAL PORT SQUADRON 9,800 9,800
FACILITY.
ARNG MS MONTICELLO MONTICELLO NATIONAL GUARD 14,350 14,350
READINESS CENTER.
Air Guard MT MALMSTROM AFB UPGRADE WEAPONS STORAGE 9,600 9,600
AREA.
Def-Wide NC CAMP LEJEUNE SOF ACADEMIC INSTRUCTION 11,791 11,791
FACILITY EXPANSION.
Navy NC CAMP LEJEUNE MAINTENANCE/OPS COMPLEX.... 52,390 52,390
Navy NC CAMP LEJUNE BEQ--WALLACE CREEK......... 34,160 34,160
Navy NC CAMP LEJUNE UTILITY EXPANSION-- 56,280 56,280
COURTHOUSE BAY.
Navy NC CAMP LEJUNE SOI--EAST FACILITIES--CAMP 56,940 56,940
GEIGER.
Navy NC CAMP LEJUNE FIELD TRAINING FAC.--DEVIL 37,170 37,170
DOG--SOI.
Navy NC CAMP LEJUNE ROAD NETWORK--WALLACE CREEK 15,130 15,130
Navy NC CAMP LEJUNE MP WORKING DOG KENNEL-- 8,370 8,370
RELOCATION.
Navy NC CAMP LEJUNE CONSOLIDATED INFO TECH/ 46,120 46,120
TELECOM COMPLEX.
Navy NC CAMP LEJUNE NEW BASE ENTRY POINT AND 79,150 79,150
ROAD (PHASE 1).
Navy NC CAMP LEJUNE BEQ--WALLACE CREEK......... 43,480 43,480
Navy NC CAMP LEJUNE BEQ--WALLACE CREEK......... 44,390 44,390
Navy NC CAMP LEJUNE BEQ--WALLACE CREEK......... 44,390 44,390
Navy NC CAMP LEJUNE BEQ--WALLACE CREEK......... 42,110 42,110
Navy NC CAMP LEJUNE PRE-TRIAL DETAINEE FACILITY 18,580 18,580
Navy NC CAMP LEJUNE PHYSICAL FITNESS CENTER.... 39,760 39,760
Navy NC CAMP LEJUNE 4TH INFANTRY BATTALION OPS 55,150 55,150
COMPLEX.
Navy NC CHERRY POINT MCAS ORDNANCE MAGAZINES......... 12,360 12,360
Navy NC CHERRY POINT MCAS EMS/FIRE VEHICLE FACILITY.. 10,600 10,600
Army NC FORT BRAGG VEHICLE MAINTENANCE SHOP... 19,500 19,500
Army NC FORT BRAGG SIMULATIONS CENTER......... 50,000 50,000
Army NC FORT BRAGG VEHICLE MAINTENANCE SHOP... 17,500 17,500
Army NC FORT BRAGG COMPANY OPERATIONS FACILITY 3,300 3,300
Army NC FORT BRAGG TRANSIENT TRAINING BARRACKS 16,500 16,500
COMPLEX.
Army NC FORT BRAGG AUTOMATED SNIPER FIELD FIRE 2,500 2,500
RANGE.
Army NC FORT BRAGG AUTOMATED MULTIPURPOSE 4,350 4,350
MACHINE GUN.
Def-Wide NC FORT BRAGG CONSOLIDATED HEALTH CLINIC. 26,386 26,386
Def-Wide NC FORT BRAGG HEALTH CLINIC.............. 31,272 31,272
Def-Wide NC FORT BRAGG SPECIAL OPS PREP & 24,600 24,600
CONDITIONING COURSE.
Def-Wide NC FORT BRAGG SOF BATTALION & COMPANY HQ. 15,500 15,500
Def-Wide NC FORT BRAGG SOF OPERATIONS SUPPORT 13,756 13,756
ADDITION.
Def-Wide NC FORT BRAGG SOF MILITARY WORKING DOG 1,125 1,125
FACILITY.
Def-Wide NC FORT BRAGG SOF BATTALION HEADQUARTERS 13,000 13,000
FACILITY.
Def-Wide NC FORT BRAGG SOF OPERATIONS ADDITION 27,513 27,513
NORTH.
Def-Wide NC FORT BRAGG SOF TUAV HANGAR............ 2,948 2,948
Def-Wide NC FORT BRAGG SOF MILITARY WORKING DOG 3,046 3,046
FACILITY.
Def-Wide NC FORT BRAGG ALBRITTON JHS ADDITION..... 3,439 3,439
Navy NC NEW RIVER APRON EXPANSION (PHASE 2).. 35,600 35,600
Navy NC NEW RIVER VMMT-204 MAINTENANCE 28,210 28,210
HANGAR--PHASE 3.
Navy NC NEW RIVER PARALLEL TAXIWAY........... 17,870 17,870
Navy NC NEW RIVER TACTICAL SUPPORT VAN PAD 5,490 5,490
ADDITION.
Navy NC NEW RIVER GYMNASIUM/OUTDOOR POOL..... 19,920 19,920
Air Force NC POPE AFB POPE AFB AIR TRAFFIC 7,700 7,700
CONTROL TOWER.
Army NC SUNNY POINT MOT TOWERS..................... 3,900 3,900
Army NC SUNNY POINT MOT LIGHTNING PROTECTION SYSTEM 25,000 25,000
Air Force ND GRAND FORKS AFB CONSOLIDATED SECURITY 12,000 12,000
FORCES FACILITY.
Air Force ND MINOT AFB MUNITIONS TRAILER STORAGE 1,500 1,500
FACILITY.
Air Force ND MINOT AFB MISSILE PROCEDURES TRNG 10,000 10,000
OPERATIONS.
ARNG NE LINCOLN ARMED FORCES RESERVE CENTER 23,000 23,000
(JFHQ).
Air Guard NE LINCOLN MAP JOINT FORCES OPERATIONS 1,500 1,500
CENTER--ANG SHARE.
Air Force NE OFFUTT AIR FORCE BASE STRATCOM GATE.............. 10,400 10,400
Air Guard NH PEASE ANGB REPLACE SQUADRON OPERATIONS 10,000 10,000
FACILITIES.
Air Guard NJ 108TH AIR REFUEL WNG, BASE CIVIL ENGINEERING 9,700 9,700
MCGUIRE AFB COMPLEX.
Air Force NM CANNON AFB WB--CONSOLIDATED 15,000 15,000
COMMUNICATION FAC.
Def-Wide NM CANNON AFB SOF FUEL CELL HANGAR (MC- 41,269 41,269
130).
Def-Wide NM CANNON AFB SOF AMU ADDITION (CV-22)... 11,595 11,595
Air Force NM HOLLOMAN AFB F-22A CONSOLIDATED 5,500 5,500
MUNITIONS MAINT (TFI).
Air Force NM HOLLOMAN AFB FIRE-CRASH RESCUE STATION.. 10,400 10,400
Air Force NM KIRTLAND AFB MC-130J SIMULATOR FACILITY. 8,000 8,000
Air Force NM KIRTLAND AFB HC-130J SIMULATOR FACILITY. 8,700 8,700
ARNG NM SANTA FE ARMY AVIATION SUPPORT 39,000 39,000
FACILITY.
ARNG NV CARSON CITY NATIONAL GUARD ENERGY 2,000 2,000
SUSTAINABLE PROJECTS.
Air Force NV CREECH AFB UAS AT/FP SECURITY UPDATES. 2,700 2,700
Navy NV NAV AIR STA FALLON WARRIOR PHYSICAL TRAINING 11,450 11,450
FACILITY.
ARNG NV NORTH LAS VEGAS READINESS CENTER........... 26,000 26,000
Air Guard NV RENO, NV NV ANG FIRE STATION 10,800 10,800
REPLACEMENT.
Army NY FORT DRUM WATER SYSTEM EXPANSION..... 6,500 6,500
Army NY FORT DRUM BARRACKS................... 57,000 57,000
Army NY FORT DRUM WARRIOR IN TRANSITION 21,000 21,000
COMPLEX.
AF Reserve NY NIAGRA FALLS ARB INDOOR SMALL ARMS RANGE.... 5,700 5,700
USAR NY ROCHESTER ARMY RESERVE CENTER/LAND... 13,600 13,600
USAR OH CINCINNATI ARMY RESERVE CENTER/LAND... 13,000 13,000
Air Guard OH MANSFIELD LAHM AIRPORT TFI--RED HORSE SQUADRON 11,400 11,400
BEDDOWN.
Air Force OH WRIGHT-PATTERSON AFB INFO TECH COMPLEX PH 1..... 27,000 27,000
Air Force OH WRIGHT-PATTERSON AFB CONVERSION FOR ADVANCED 21,000 21,000
POWER RESEARCH LAB.
Air Force OH WRIGHT-PATTERSON AFB REPLACE WEST RAMP, PHASE II 10,600 10,600
Air Force OK ALTUS AFB REPAIR TAXIWAYS............ 20,300 20,300
Def-Wide OK ALTUS AFB REPLACE UPLOAD FACILITY.... 2,700 2,700
Army OK FORT SILL AUTOMATED INFANTRY SQUAD 3,500 3,500
BATTLE COURSE.
Army OK FORT SILL BARRACKS................... 65,000 65,000
Army OK FORT SILL WARRIOR IN TRANSITION 22,000 22,000
COMPLEX.
Def-Wide OK FORT SILL DENTAL CLINIC.............. 10,554 10,554
Army OK MCALESTER HIGH EXPLOSIVE MAGAZINE, 1,300 1,300
DEPOT LEVEL.
Army OK MCALESTER GENERAL PURPOSE STORAGE 11,200 11,200
BUILDING.
Air Force OK TINKER AFB BUILDING 3001 HANGER DOOR.. 13,037 13,037
Air Force OK VANCE, AIR FORCE BASE CONTROL TOWER.............. 10,700 10,700
Air Guard OK WILL ROGERS AP TFI--AIR SUPT OPERS SQDN 7,300 7,300
(ASOS) BEDDN.
ARNG OR CLATSOP CTNY, WARRENTON CAMP RILEA INFRASTRUCTURE 3,369 3,369
(WATER SUPPLY).
USAR PA ASHLEY ARMY RESERVE CENTER........ 9,800 9,800
FH Con DW PA DEF DISTRO DEPOT DEF DISTRIBUTION DEPOT NEW 2,859 2,859
CUMBERLAND.
USAR PA HARRISBURG ARMY RESERVE CENTER........ 7,600 7,600
USAR PA NEWTON SQUARE ARMY RESERVE CENTER/LAND... 20,000 20,000
AF Reserve PA PITTSBURGH AIR RES BASE VISITING QUARTERS PHASE 1.. 12,400 12,400
USAR PA UNIONTOWN ARMY RESERVE CENTER/LAND... 11,800 11,800
Navy RI NEWPORT OFFICER TRAINING COMMAND 45,803 45,803
QUARTERS.
Navy RI NEWPORT VISITING QUARTERS PHASE 1.. 10,550 10,550
Air Guard SC AIR NATIONAL GUARD JOINT FORCE HQ BUILDING 1,300 1,300
MCENTIRE.
Navy SC BEAUFORT WIDEBODY AIRCRAFT FUEL LANE 1,280 1,280
Naval Res SC CHARLESTON RESERVE VEHICLE MAINTENANCE 4,240 4,240
FACILITY.
Army SC CHARLESTON NWS STAGING AREA............... 4,100 4,100
Army SC CHARLESTON NWS RAILROAD TRACKS............ 12,000 12,000
Army SC CHARLESTON NWS PIER AND LOADING/UNLOADING 5,700 5,700
RAMPS.
ARNG SC EASTOVER ARMY AVIATION SUPPORT 26,000 26,000
FACILITY ADD/ALT.
Army SC FORT JACKSON ADVANCED SKILLS TRAINEE 32,000 32,000
BARRACKS.
Army SC FORT JACKSON MODIFIED RECORD FIRE RANGE. 3,600 3,600
Army SC FORT JACKSON TRAINING BATTALION COMPLEX. 66,000 66,000
Army SC FORT JACKSON INFILTRATION COURSE........ 1,900 1,900
ARNG SC GREENVILLE ARMY AVIATION SUPPORT 40,000 40,000
FACILITY.
Navy SC PARRIS ISLAND ELECTRICAL SUBSTATION AND 6,972 6,972
IMPROVEMENTS.
ARNG SD CAMP RAPID JOINT FORCE HQ READINESS 7,890 7,890
CENTER SUPPLEMENT.
ARNG SD CAMP RAPID TROOP MEDICAL CLINIC 1,950 1,950
ADDITION AND ALTERATION.
Air Force SD ELLSWORTH AFB ADD/ALTER DEPLOYMENT CENTER 14,500 14,500
Air Guard SD JOE FOSS FIELD ADD AND ALTER MUNITIONS 1,300 1,300
MAINTENANCE COMPLEX.
Air Guard SD JOE FOSS FIELD ABOVE GROUND MULTI-CUBICLE 1,300 1,300
MAGAZINE STORAGE.
Air Guard TN 164 AIRLIFT WING, MEM 164TH AIRLIFT WING ANG ENG 9,800 9,800
MAINT TRNG FAC.
ARNG TX AUSTIN ARMED FORCES RESERVE CENTER 16,500 16,500
ARNG TX AUSTIN FIELD MAINTENANCE SHOP, 5,700 5,700
JOINT.
USAR TX AUSTIN ARMED FORCES RESERVE CENTER/ 20,000 20,000
AMSA.
Navy TX CORPUS CHRISTI OPERATIONAL FACILITIES FOR 19,764 19,764
T-6.
Air Force TX DYESS AFB C-130J ALTER HANGAR........ 4,500 4,500
Army TX FORT BLISS VEHICLE MAINTENANCE SHOP... 16,000 16,000
Army TX FORT BLISS BRIGADE STAGING AREA 14,800 14,800
COMPLEX.
Army TX FORT BLISS DIGITAL MULTIPURPOSE RANGE 45,000 45,000
COMPLEX.
Army TX FORT BLISS FIRE AND MILITARY POLICE 16,500 16,500
STATIONS.
Army TX FORT BLISS AIRCRAFT FUEL STORAGE...... 10,800 10,800
Army TX FORT BLISS VEHICLE MAINTENANCE SHOP... 20,000 20,000
Army TX FORT BLISS AUTOMATED SNIPER FIELD FIRE 4,250 4,250
RANGE.
Army TX FORT BLISS KNOWN DISTANCE RANGE....... 4,750 4,750
Army TX FORT BLISS AUTOMATED MULTIPURPOSE 6,900 6,900
MACHINE GUN RANGE.
Army TX FORT BLISS SCOUT/RECCE GUNNERY COMPLEX 17,000 17,000
Army TX FORT BLISS LIGHT DEMOLITION RANGE..... 2,400 2,400
Army TX FORT BLISS AUTOMATED INFANTRY PLATOON 7,000 7,000
BATTLE COURSE.
Army TX FORT BLISS SIMULATION CENTER.......... 23,000 23,000
Army TX FORT BLISS VEHICLE MAINTENANCE & 31,000 31,000
COMPANY OPS FAC.
Def-Wide TX FORT BLISS HEALTH AND DENTAL CLINIC... 30,295 -5,695 24,600
Def-Wide TX FORT BLISS HOSPITAL REPLACEMENT PHASE 86,975 -24,000 62,975
1 (INCR 1).
USAR TX FORT BLISS ARMY RESERVE CENTER........ 9,500 9,500
Army TX FORT HOOD VEHICLE MAINTENANCE SHOP... 23,000 23,000
Army TX FORT HOOD URBAN ASSAULT COURSE....... 2,400 2,400
Army TX FORT HOOD AUTOMATED MULTIPURPOSE 6,700 6,700
MACHINE GUN RANGE.
Def-Wide TX FORT HOOD ALTER FUEL PUMP HOUSE AND 3,000 3,000
FILL STAND.
Army TX FORT SAM HOUSTON ACCESS CONTROL POINT AND 10,800 10,800
ROAD IMPROVEMENTS.
Army TX FORT SAM HOUSTON GENERAL INSTRUCTION 9,000 9,000
BUILDING.
Air Force TX GOODFELLOW AFB JOINT INTEL TECH TRNG FAC, 18,400 18,400
PH 1 (TFI).
Air Force TX GOODFELLOW AFB STUDENT DORMITORY (100 RM). 14,000 14,000
Air Force TX GOODFELLOW AFB CONSOLIDATED LEARNING 12,000 12,000
CENTER.
USAR TX HOUSTON ARMY RESERVE CENTER/LAND... 24,000 24,000
AF Reserve TX LACKLAND AFB C-5 GROUND TRAINING 1,500 1,500
SCHOOLHOUSE ADDITION.
Air Force TX LACKLAND AFB EVASION, CONDUCT AFTER 4,879 4,879
CAPTURE TRNG.
Air Force TX LACKLAND AFB RECRUIT DORMITORY 2, PHASE 77,000 77,000
2.
Air Force TX LACKLAND AFB BMT SATELLITE CLASSROOM/ 32,000 32,000
DINING FAC.
Def-Wide TX LACKLAND AFB DENTAL CLINIC REPLACEMENT.. 29,318 29,318
Def-Wide TX LACKLAND AFB AMBULATORY CARE CENTER, 72,610 72,610
PHASE 1 (INCR 1).
Naval Res TX SAN ANTONIO RESERVE TRAINING CENTER.... 2,210 2,210
USAR TX SAN ANTONIO ARMY RESERVE CENTER........ 20,000 20,000
Air Force TX SHEPPARD AFB ENJJPT OPERATIONS COMPLEX, 11,600 11,600
PHASE 1.
Def-Wide UT CAMP WILLIAMS IC CNCI DATA CENTER 1 (INCR 800,000 -200,000 600,000
2).
Army UT DUGWAY PROVING GROUND WATER TREATMENT SYSTEMS.... 25,000 25,000
AF Reserve UT HILL AFB RESERVE SQUAD OPS/AMU 3,200 3,200
FACILITY.
Air Force UT HILL AFB F-22A RADAR CROSS SECTION 21,053 21,053
TESTING FAC.
Air Guard UT HILL AFB PCC APRON NORTHWEST END 5,100 5,100
TAXIWAY.
Def-Wide VA DAHLGREN AEGIS BMD FACILITY 24,500 24,500
EXPANSION.
Navy VA DAHLGREN ELECTROMAGNETIC RESEARCH 3,660 3,660
AND ENG FACILITY.
Def-Wide VA DAM NECK SOF OPERATIONS FACILITY INC 15,967 15,967
III.
Army VA FORT A.P. HILL AUTOMATED INFANTRY PLATOON 4,900 4,900
BATTLE COURSE.
Army VA FORT A.P. HILL FIELD TRAINING AREA........ 9,000 9,000
Army VA FORT A.P. HILL TRAINING AIDS CENTER....... 9,100 9,100
Army VA FORT BELVOIR FLIGHT CONTROL TOWER....... 8,400 8,400
Army VA FORT BELVOIR ROAD AND ACCESS CONTROL 9,500 9,500
POINT.
Army VA FORT BELVOIR ROAD AND INFRASTRUCTURE 20,000 -20,000
IMPROVEMENTS.
ARNG VA FORT PICKETT REGIONAL TRAINING INSTITUTE 32,000 32,000
PH2.
Army VA FT. EUSTIS UPGRADE MARSHALLING AREA... 8,900 8,900
Air Force VA LANGLEY AFB WEST & LASALLE GATES FORCE 10,000 10,000
PROTECTION/ACCESS.
Def-Wide VA LITTLE CREEK SOF SUPPORT ACTIVITY 18,669 18,669
OPERATION FACILITY.
Navy VA LITTLE CREEK NAVAL CONSTRUCTION DIVISION 13,095 13,095
OPERATIONS FAC.
Navy VA NORFOLK E-2D TRAINER FACILITY...... 11,737 11,737
Navy VA NORFOLK FACILITY UPGRADES FOR E-2D 6,402 6,402
PROGRAM.
Naval Res VA OCEANA C-40 HANGAR................ 30,400 30,400
Def-Wide VA PENTAGON PENTAGON ELECTRICAL UPGRADE 19,272 19,272
Def-Wide VA PENTAGON SECONDARY UNINTERRUPTIBLE 8,400 8,400
POWER RAVEN ROCK.
Navy VA PORTSMOUTH SHIP REPAIR PIER 226,969 -100,000 126,969
REPLACEMENT (INCR 1).
Navy VA QUANTICO STUDENT QUARTERS--TBS 32,060 32,060
(PHASE 4).
Navy VA QUANTICO BATTALION TRAINING 10,340 10,340
FACILITY--MSGBN.
Navy VA QUANTICO MC INFORMATION OPERATIONS 29,620 29,620
CENTER--MCIOC.
Navy VA QUANTICO AIRCRAFT TRAINER........... 3,170 3,170
Navy VA QUANTICO DINING FACILITY--TBS....... 14,780 14,780
Navy VA QUANTICO SOUTH MAINSIDE ELECTRICAL 15,270 15,270
SUBSTATION.
Air Guard VT BURLINGTON IAP FIRE CRASH AND RESCUE 6,000 6,000
STATION ADDITION.
ARNG VT ETHAN ALLEN RANGE BOQ ADDITIONS AND 1,996 1,996
IMPROVEMENTS.
Navy WA BANGOR LIMITED AREA PRODUCTION/ 87,292 87,292
STRG CMPLX (INC 6).
Navy WA BREMERTON ENCLAVE FENCING/PARKING, 67,419 67,419
SILVERDALE WA (INCR 2).
Navy WA BREMERTON CVN MAINTENANCE PIER 69,064 69,064
REPLACEMENT (INC 2).
Air Force WA FAIRCHILD AFB SERE FORCE SUPPORT COMPLEX, 11,000 11,000
PHASE I.
Def-Wide WA FAIRCHILD AFB REPLACE FUEL DISTRIBUTION 7,500 7,500
SYSTEM.
Army WA FORT LEWIS LIVE FIRE EXERCISE 2,550 2,550
SHOOTHOUSE.
Army WA FORT LEWIS ANIMAL BUILDING............ 3,050 3,050
Army WA FORT LEWIS BRIGADE COMPLEX, INC 4..... 102,000 102,000
Army WA FORT LEWIS MODIFIED RECORD FIRE RANGE. 4,100 4,100
Def-Wide WA FORT LEWIS HEALTH AND DENTAL CLINIC... 15,636 15,636
Def-Wide WA FORT LEWIS SOF SUPPORT COMPANY 14,500 14,500
FACILITY.
Navy WA SPOKANE JNT PERS RECOVERY AGENCY 12,707 12,707
SPECIALIZED SERE TRA.
USAR WI FORT MCCOY COMBINED ARMS COLLECTIVE 25,000 25,000
TRAINING FACILITY.
USAR WI FORT MCCOY RANGE UTILITY UPGRADE...... 3,850 3,850
Air Guard WI GENERAL MITCHELL IAP UPGRADE CORROSION CONTROL 5,000 5,000
HANGAR.
Navy WV NAVAL SECTY GRP ACT, EMERGENCY SERVICES CENTER.. 9,560 9,560
SUGAR GROVE
Air Guard WV SHEPHERD AB, C-5 TAXIWAY UPGRADES....... 19,500 19,500
MARTINSBURG
ARNG WV ST. ALBANS ARMORY LIFE SAFETY UPGRADE........ 2,000 2,000
Air Guard WY CHEYENNE AIRPORT SQUADRON OPERATIONS........ 1,500 1,500
Air Force WY F. E. WARREN AFB ADAL MISSILE SERVICE 9,100 9,100
COMPLEX.
BRAC 05 ZU UNSPECIFIED WORLDWIDE BASE REALIGNMENT AND 7,479,498 7,479,498
CLOSURE 2005.
BRAC IV ZU UNSPECIFIED WORLDWIDE BASE REALIGNMENT AND 396,768 396,768
CLOSURE IV.
Air Force AF BAGRAM AIR BASE PASSENGER TERMINAL......... 22,000 22,000
Army AF BAGRAM AIR BASE FUEL SYSTEM PH 6........... 12,000 12,000
Army AF BAGRAM AIR BASE FUEL SYSTEM PH 7........... 5,000 5,000
Army AF BAGRAM AIR BASE COALITION OPERATION CENTER. 49,000 49,000
Army AF BAGRAM AIR BASE APS COMPOUND............... 38,000 38,000
Army AF BAGRAM AIR BASE AVIATION SUPPORT FACILITY.. 2,600 2,600
Army AF BAGRAM AIR BASE BARRACKS................... 18,500 -18,500
Army AF BAGRAM AIR BASE COMMAND AND CONTROL 38,000 -38,000
FACILITY.
Army AF BAGRAM AIR BASE PERIMETER FENCE AND GUARD 7,000 -7,000
TOWERS.
Def-Wide BE BRUSSELS REPLACE ELEMENTARY SCHOOL 38,124 38,124
(SHAPE) PHASE 1.
Navy BI SW ASIA WATERFRONT DEVELOPMENT 41,526 41,526
PHASE 2.
Air Force CM PALANQUERO AB PALANQUERO AB DEVELOPMENT.. 46,000 46,000
Navy DJ CAMP LEMONIER INTERIOR PAVED ROADS PHASE 7,275 7,275
A.
Navy DJ CAMP LEMONIER AMMO SUPPLY POINT.......... 21,689 21,689
Navy DJ CAMP LEMONIER SECURITY FENCING I......... 8,109 8,109
Navy DJ CAMP LEMONIER FIRE STATION............... 4,772 4,772
Def-Wide GB GUANTANAMO BAY REPLACE FUEL STORAGE TANKS. 12,500 12,500
Def-Wide GE BOEBLINGEN NEW ELEMENTARY SCHOOL...... 50,000 50,000
Def-Wide GR SOUDA BAY FUEL STORAGE TANKS & 24,000 24,000
PIPELINE RPL.
Def-Wide GU AGANA NAVAL AIR STATION REPLACE GAS CYLINDER 4,900 4,900
STORAGE FACILITY.
Air Force GU ANDERSEN AFB STRIKE FOL ELECTRICAL 33,750 33,750
INFRASTRUCTURE.
Air Force GU ANDERSEN AFB NW FIELD ATFP PERIMETER 4,752 4,752
FENCE AND ROAD.
Air Force GU ANDERSEN AFB COMMANDO WARRIOR OPERATIONS 4,200 4,200
FAC.
Air Force GU ANDERSEN AFB NW FIELD COMBAT SPT VEHICLE 15,500 15,500
MAINT FAC.
ARNG GU BARRIGADA READINESS CENTER........... 30,000 30,000
Army GY ANSBACH BARRACKS................... 17,500 17,500
Army GY ANSBACH BARRACKS................... 14,200 14,200
FH Con Army GY BAUMHOLDER FAMILY HOUSING REPLACEMENT 18,000 18,000
CONSTRU (138 UNITS).
Def-Wide GY KAISERLAUTERN AB KAISERSLAUTERN COMPLEX-- 19,380 19,380
PHASE 1.
Def-Wide GY KAISERLAUTERN AB KAISERSLAUTERN HS REPLACE 74,165 74,165
SCHOOL.
Army GY KLEBER KASERNE BARRACKS................... 20,000 20,000
Army GY LANDSTUHL WARRIOR IN TRANSITION (WT) 25,000 -25,000
COMPLEX.
Air Force GY RAMSTEIN AB CONSTRUCT AGE MAINT COMPLEX 11,500 11,500
Air Force GY RAMSTEIN AB CONTINGENCY RESPONSE GROUP 23,200 23,200
COMMAND.
Air Force GY SPANGDAHLEM AB FITNESS CTR................ 23,500 23,500
Def-Wide GY WEISBADEN WIESBADEN HS NEW CAFETERIA 5,379 5,379
AND KITCHEN.
FH Con Army GY WEISBADEN FAMILY HOUSING REPLACEMENT 10,000 10,000
CONST INC 2.
FH Con Army GY WEISBADEN FAMILY HOUSING REPLACEMENT 11,000 11,000
CONST INC 2.
FH Con Army GY WEISBADEN FAMILY HOUSING REPLACEMENT 11,000 11,000
CONST INC 2.
Air Force IT SIGONELLA GLOBAL HAWK AIRCRAFT MAINT 31,300 -31,300
AND OPS COMPLEX.
Army IT VICENZA BDE COMPLEX--OPERATIONS SPT 23,500 23,500
FAC, INCR 3.
Army IT VICENZA BDE COMPLEX--BARRACKS/ 22,500 22,500
COMMUNITY, INCR 3.
Army JA OKINAWA TRAINING AIDS CENTER....... 6,000 6,000
Army JA SAGAMIHARA TRAINING AIDS CENTER....... 6,000 6,000
Army KR CAMP HUMPHREYS VEHICLE MAINTENANCE SHOP... 19,000 19,000
Army KR CAMP HUMPHREYS VEHICLE MAINTENANCE SHOP... 18,000 18,000
Army KR CAMP HUMPHREYS FIRE STATIONS.............. 13,200 13,200
Def-Wide KR K-16 AIRFIELD CONVERT WAREHOUSES......... 5,050 5,050
Def-Wide KR OSAN AB REPLACE HYDRANT FUEL SYSTEM 28,000 28,000
FH Con Navy KR PUSAN CONSTR CHINHAE WELCOME CTR/ 4,376 4,376
WAREHOUSE.
Army KU CAMP ARIFJAN APS WAREHOUSES............. 82,000 82,000
Def-Wide ML GUAM HOSPITAL REPLACEMENT (INCR 259,156 -59,156 200,000
1).
FH Con Navy ML GUAM REPLACE GUAM N. TIPALAO PH 20,730 20,730
III.
Navy ML GUAM CONSOLIDATED SLC TRAINING & 45,309 45,309
CSS-15 HQ FAC.
Navy ML GUAM MILITARY WORKING DOG 27,070 -17,070 10,000
RELOCATION, APRA HARBOR.
Navy ML GUAM DEFENSE ACCESS ROAD 48,860 48,860
IMPROVEMENTS.
Navy ML GUAM AAFB NORTH RAMP UTILITIES 21,500 -21,500
(PHASE 1).
Navy ML GUAM AAFB NORTH RAMP PARKING 88,797 -88,797
(PHASE 1).
Navy ML GUAM APRA HARBOR WHARVES IMP. 167,033 -83,516 83,517
(INCR 1).
Navy ML GUAM TORPEDO EXERCISE SUPPORT 15,627 15,627
BUILDING.
Air Force OM AL MUSANNAH AB WAR RESERVE MATERIAL 47,000 -47,000
COMPOUND.
Air Force OM AL MUSANNAH AB AIRLIFT RAMP AND FUEL 69,000 -69,000
FACILITIES.
USAR PR CAGUAS ARMY RESERVE CENTER/LAND... 12,400 12,400
Air Force QA AL UDEID, QATAR BLATCHFORD-PRESTON COMPLEX 60,000 60,000
PH II.
Navy SP ROTA RECEPTION AIRFIELD 26,278 26,278
FACILITIES.
Air Force TK INCIRLIK AB CONSTRUCT CONSOLIDATED 9,200 9,200
COMMUNITY CTR.
Def-Wide UK MENWITH HILL STATION MHS PSC CONSTRUCTION....... 37,588 37,588
Def-Wide UK RAF MILDENHALL CONNECT FUEL TANK 4,700 4,700
DISTRIBUTION PIPE LN.
Def-Wide UK RAF ALCONBURY MEDICAL/DENTAL CLINIC 14,227 14,227
REPLACEMENT.
Def-Wide UK RAF LAKENHEATH LIBERTY IS--GYMNASIUM...... 4,509 4,509
ARNG VI ST. CROIX REGIONAL TRAINING INSTITUTE 20,000 20,000
PH1.
Air Force ZC CLASSIFIED LOCATION CLASSIFIED PLANNING & 3,000 3,000
DESIGN.
NSIP ZU NSIP NATO SECURITY INVESTMENT 276,314 276,314
PROGRAM.
AF Reserve ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN........ 1,976 1,976
Air Force ZU UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR 18,000 18,000
CONSTRUCTION.
Air Force ZU UNSPECIFIED WORLDWIDE PLANNING & DESIGN.......... 79,363 79,363
Air Guard ZU UNSPECIFIED WORLDWIDE MINOR CONSTRUCTION......... 9,000 9,000
Air Guard ZU UNSPECIFIED WORLDWIDE PLANNING & DESIGN.......... 10,061 10,061
Army ZU UNSPECIFIED WORLDWIDE MINOR CONSTRUCTION FY10.... 23,000 23,000
Army ZU UNSPECIFIED WORLDWIDE PLANNING & DESIGN FY10..... 153,029 153,029
Army ZU UNSPECIFIED WORLDWIDE HOST NATION SUPPORT FY10... 25,000 25,000
ARNG ZU UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR 10,300 10,300
CONSTRUCTION.
ARNG ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN........ 23,981 23,981
Def-Wide ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN........ 3,575 3,575
Def-Wide ZU UNSPECIFIED WORLDWIDE MINOR CONSTRUCTION......... 4,525 4,525
Def-Wide ZU UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR 6,800 6,800
CONSTRUCTION.
Def-Wide ZU UNSPECIFIED WORLDWIDE MINOR CONSTRUCTION......... 3,717 3,717
Def-Wide ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN........ 2,000 2,000
Def-Wide ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN........ 10,534 10,534
Def-Wide ZU UNSPECIFIED WORLDWIDE JEP EXERCISE RELATED 7,861 7,861
CONSTRUCTION.
Def-Wide ZU UNSPECIFIED WORLDWIDE ENERGY CONSERVATION 90,000 33,013 123,013
IMPROVEMENT PROGRAM.
Def-Wide ZU UNSPECIFIED WORLDWIDE CONTINGENCY CONSTRUCTION... 10,000 10,000
Def-Wide ZU UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR 3,000 3,000
CONSTRUCTION.
Def-Wide ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN........ 35,579 35,579
FH Con AF ZU UNSPECIFIED WORLDWIDE CONSTRUCTION IMPROVMENTS... 61,737 61,737
FH Con AF ZU UNSPECIFIED WORLDWIDE CLASSIFIED PROJECT......... 50 50
FH Con AF ZU UNSPECIFIED WORLDWIDE PLANNING & DESIGN.......... 4,314 4,314
FH Con Army ZU UNSPECIFIED WORLDWIDE CONSTRUCTION IMPROVEMENTS 219,300 219,300
(2428 UNITS).
FH Con Army ZU UNSPECIFIED WORLDWIDE FAMILY HOUSING P&D......... 3,936 3,936
FH Con Navy ZU UNSPECIFIED WORLDWIDE IMPROVEMENTS............... 118,692 118,692
FH Con Navy ZU UNSPECIFIED WORLDWIDE DESIGN..................... 2,771 2,771
FH Ops AF ZU UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT.......... 81,686 81,686
FH Ops AF ZU UNSPECIFIED WORLDWIDE MANAGEMENT ACCOUNT......... 1,557 1,557
FH Ops AF ZU UNSPECIFIED WORLDWIDE MANAGEMENT ACCOUNT......... 51,334 51,334
FH Ops AF ZU UNSPECIFIED WORLDWIDE SERVICES ACCOUNT........... 20,183 20,183
FH Ops AF ZU UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT........ 39,182 39,182
FH Ops AF ZU UNSPECIFIED WORLDWIDE MISCELLANEOUS ACCOUNT...... 1,543 1,543
FH Ops AF ZU UNSPECIFIED WORLDWIDE LEASING ACCOUNT............ 548 548
FH Ops AF ZU UNSPECIFIED WORLDWIDE LEASING.................... 102,858 102,858
FH Ops AF ZU UNSPECIFIED WORLDWIDE MAINTENANCE ACCOUNT........ 1,911 1,911
FH Ops AF ZU UNSPECIFIED WORLDWIDE MAINTENANCE (RPMA & RPMC).. 148,318 148,318
FH Ops AF ZU UNSPECIFIED WORLDWIDE HOUSING PRIVATIZATION...... 53,816 53,816
FH Ops Army ZU UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT.......... 81,650 81,650
FH Ops Army ZU UNSPECIFIED WORLDWIDE OPERATIONS................. 87,263 87,263
FH Ops Army ZU UNSPECIFIED WORLDWIDE MISCELLANEOUS ACCOUNT...... 1,177 1,177
FH Ops Army ZU UNSPECIFIED WORLDWIDE LEASING.................... 205,685 205,685
FH Ops Army ZU UNSPECIFIED WORLDWIDE MAINTENANCE OF REAL 115,854 115,854
PROPERTY.
FH Ops Army ZU UNSPECIFIED WORLDWIDE PRIVATIZATION SUPPORT COSTS 31,789 31,789
FH Ops DW ZU UNSPECIFIED WORLDWIDE RECISSION (PUBLIC LAW 110-
5).
FH Ops DW ZU UNSPECIFIED WORLDWIDE OPERATIONS................. 35 35
FH Ops DW ZU UNSPECIFIED WORLDWIDE LEASING.................... 10,108 10,108
FH Ops DW ZU UNSPECIFIED WORLDWIDE MAINTENANCE OF REAL 69 69
PROPERTY.
FH Ops DW ZU UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT........ 4,426 4,426
FH Ops DW ZU UNSPECIFIED WORLDWIDE LEASING.................... 33,579 33,579
FH Ops DW ZU UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT.......... 274 274
FH Ops DW ZU UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT........ 19 19
FH Ops DW ZU UNSPECIFIED WORLDWIDE SERVICES ACCOUNT........... 29 29
FH Ops DW ZU UNSPECIFIED WORLDWIDE MANAGEMENT ACCOUNT......... 309 309
FH Ops DW ZU UNSPECIFIED WORLDWIDE MAINTENANCE OF REAL 366 366
PROPERTY.
FH Ops Navy ZU UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT.......... 53,956 53,956
FH Ops Navy ZU UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT........ 14,624 14,624
FH Ops Navy ZU UNSPECIFIED WORLDWIDE MANAGEMENT ACCOUNT......... 60,278 60,278
FH Ops Navy ZU UNSPECIFIED WORLDWIDE MISCELLANEOUS ACCOUNT...... 457 457
FH Ops Navy ZU UNSPECIFIED WORLDWIDE SERVICES ACCOUNT........... 16,462 16,462
FH Ops Navy ZU UNSPECIFIED WORLDWIDE LEASING.................... 101,432 101,432
FH Ops Navy ZU UNSPECIFIED WORLDWIDE MAINTENANCE OF REAL 94,184 94,184
PROPERTY.
FH Ops Navy ZU UNSPECIFIED WORLDWIDE PRIVATIZATION SUPPORT COSTS 27,147 27,147
FHIF ZU UNSPECIFIED WORLDWIDE FAMILY HOUSING IMPROVEMENT 2,600 2,600
FUND.
HOAP ZU UNSPECIFIED WORLDWIDE HOMEOWNERS ASSISTANCE 23,225 350,000 373,225
PROGRAM.
Naval Res ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN........ 2,371 2,371
Navy ZU UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTR... 12,483 12,483
Navy ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN........ 166,896 166,896
USAR ZU UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR 3,600 3,600
CONSTRUCTION.
USAR ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN........ 22,262 22,262
AF Reserve ZU VARIOUS WORLDWIDE MINOR CONSTRUCTION......... 800 800
Def-Wide ZU VARIOUS WORLDWIDE PLANNING AND DESIGN........ 72,974 72,974
Def-Wide ZU VARIOUS WORLDWIDE UNSPECIFIED MINOR CONST.... 6,022 6,022
Def-Wide ZU VARIOUS WORLDWIDE PLANNING AND DESIGN........ 4,425 4,425
Def-Wide ZU VARIOUS WORLDWIDE PLANNING AND DESIGN........ 8,855 8,855
Def-Wide ZU VARIOUS WORLDWIDE UNSPECIFIED MINOR 4,100 4,100
CONSTRUCTION.
....................... ....................... TOTAL FY2010 AUTHORIZATIONS 22,946,036 -22,843 22,923,193
....................... .......................
....................... ....................... Prior Year Savings......... -112,500
....................... .......................
....................... ....................... GRAND TOTAL................ 22,946,036 -135,343 22,810,693
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4502. 2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING.
--------------------------------------------------------------------------------------------------------------------------------------------------------
2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING (In Thousands of Dollars)
---------------------------------------------------------------------------------------------------------------------------------------------------------
Commission
Account Recom- Location State Project Title Project Authorization of
mendation Authorization Appropriation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Army 11 Anniston (Pelham Range) AL Armed Forces Reserve 8,000 8,000
Center.
Army 11 Birmingham AL Armed Forces Reserve 10,000 10,000
Center.
Army 11 Mobile AL Armed Forces Reserve 20,430 20,430
Center.
Defense Wide 134 Redstone Arsenal AL Von Braun Complex..... 27,800
Army 11 Tuscaloosa AL Armed Forces Reserve 18,000 18,000
Center.
Army 13 Camden AR Armed Forces Reserve 9,800 9,800
Center.
Army 13 El Dorado AR Armed Forces Reserve 14,000 14,000
Center.
Army 13 Hot Springs AR Armed Forces Reserve 14,600 14,600
Center.
Army 13 Pine Bluff AR Armed Forces Reserve 15,500 15,500
Center.
Army 12 Marana AZ Armed Forces Reserve 31,000 31,000
Center.
Navy 57 Barstow CA Industrial Machine 14,131 14,130
Shop Facility.
Navy 184 China Lake CA Shipboard Shock Test 3,160 3,160
Facility.
Navy 184 China Lake CA Weapons Dynamics RDT&E 5,970 5,970
Center.
Army 15 Middletown CT Armed Forces Reserve 37,000 37,000
Center, Incr 2.
Navy 149 Washington DC Navy Systems 71,929 71,929
Management Activity
Relocation (INCR II
of II).
Navy 149 Washington DC Renovate 3rd Floor 750 750
Buildging 176,
Washington Navy Yard.
Army 04 Eglin AFB FL Special Forces 8,000 8,000
Complex, Incr 2.
Air Force 125 Eglin AFB FL BRAC F-35 Live 6,624 6,624
Ordnance Load Area
(LOLA).
Air Force 4B, 125 Eglin AFB FL CE Facility........... 2,000 2,000
Air Force 125 Eglin AFB FL F-35 (JSF) Duke Field 2,280 2,280
Control Tower.
Air Force 4B, 125 Eglin AFB FL Fitness Facility...... 2,750 2,750
Air Force 125 Eglin AFB FL STOVL Simulated 27,690 27,690
Carrier Practice
Landing Deck.
Air Force 125 Eglin AFB FL School Age Facility... 2,600 2,600
Air Force 125 Eglin AFB FL Security Forces 890 890
Facility.
Air Force 125 Eglin AFB FL Taxiway Extension..... 13,000 13,000
Air Force 125 Eglin AFB FL Traffic Management 900 900
Cargo Processing
Facility.
Army 9 Benning GA AAFES Troop Store..... 1,950 1,950
Army 17 Benning GA Armed Forces Reserve 18,000 18,000
Center.
Army 2 Benning GA Equipment 43,000 43,000
Concentration Site.
Army 9 Benning GA General Instruction 58,000 58,000
Complex 2, Incr 2.
Army 9 Benning GA Maneuver Ctr HQ & CDI 42,000 42,000
Bldg Expansion.
Army 9 Benning GA Medical Facility, Incr 77,000 77,000
2.
Army 21 Cedar Rapids IA Armed Forces Reserve 42,000 42,000
Center.
Army 21 Iowa AAP IA Armed Forces Reserve 27,000 27,000
Center.
Army 21 Muscatine IA Armed Forces Reserve 8,800 8,800
Center.
Army 2 Rock Island IL Army Headquarters 20,000 20,000
Building Renovation.
Army 43 Campbell KY Armed Forces Reserve 5,900 5,900
Center.
Army 2 Campbell KY Headquarters Building, 14,800 14,800
Group.
Army 55 Knox KY Armed Forces Reserve 2,300 2,300
Center.
Army 5 Aberdeen PG MD C4ISR, Phase 2, Incr 2 156,000 156,000
Defense Wide 169 Bethesda (WRNMMC) MD Medical Center 108,850 108,850
Addition--Increment 3.
Defense Wide 169 Bethesda (WRNMMC) MD Traffic Mitigation 18,400 18,400
Increment 1.
Defense Wide 169 Bethesda (WRNMMC) MD Site Utility 6,500
Infrastructure
Upgrade for NICoE.
Army 174 Detrick MD Joint Bio-Med RDA 8,300 8,300
Management Center.
Army 169 Forest Glenn MD Museum................ 12,200 12,200
Defense Wide 140 Fort Meade MD Construct DISA 131,662 131,662
Building.
Army 141 Fort Meade MD Defense Media 17,000 17,000
Activity, Incr 2.
Navy 65 Brunswick ME Marine Corps Reserve 12,960 12,960
Center.
Army 176 Detroit Arsenal MI Administrative Office 21,384
Buildings, Incr 2.
Army 176 Detroit Arsenal MI Weapons Systems 8,300 8,300
Support and Training.
Army 26 Ft. Custer (Augusta) MI Armed Forces Reserve 18,500 18,500
Center.
Air Force 95 Selfridge ANGB MI A10 Arm/Disarm Apron.. 1,350 1,350
Air Force 95 Selfridge ANGB MI Repair Munitions Admin 3,100 3,100
Building 891.
Air Force 95 Selfridge ANGB MI Upgrade Munitions 1,650 1,650
Maintenance Shop.
Air Force 95 Selfridge ANGB MI Upgrade Munitions 2,350 2,350
Missile Maintenance
Bays.
Army 28 Kirksville MO Armed Forces Reserve 6,600 6,600
Center.
Army 29 Great Falls MT Armed Forces Reserve 7,600 7,600
Center.
Army 3 Bragg NC Band Training Facility 4,200 4,200
Army 3 Bragg NC Headquarters Bldg, 124,000 124,000
FORSCOM/USARC, Incr 3.
Army 35 Wilmington NC Armed Forces Reserve 17,500 17,500
Center.
Army 36 Fargo ND Armed Forces Reserve 11,200 11,200
Center.
Army 30 Columbus NE Armed Forces Reserve 9,300 9,300
Center.
Army 30 McCook NE Armed Forces Reserve 7,900 7,900
Center.
Army 32 Camden NJ Armed Forces Reserve 21,000 21,000
Center.
Army 05 West Point NY US Military Academy 98,000
Prep School, Incr 2.
Army 37 Columbus OH Armed Forces Reserve 30,218
Center, Incr 2.
Navy 73 Akron OH Armed Forces Reserve 13,840 13,840
Center.
Army 126 Sill OK Joint Fires & Effects 28,000 28,000
Simulator Building.
Air Force 92 Will Rogers World APT OK Relocate Global Air 1,200 1,200
Traffic Operation
Program Office.
Army 40 Allentown PA Armed Forces Reserve 15,000 15,000
Center.
Army 150 Tobyhanna PA Electronics 3,200 3,200
Maintenance Shop,
Depot Level.
Air Force 68 Willow Grove ARS PA Establish Enclave..... 4,000 4,000
Army 42 Bristol RI Armed Forces Reserve 17,500 17,500
Center.
Navy 181 Charleston SC SPAWAR Data Center.... 9,670 9,670
Navy 138 Goose Creek SC Consolidated Brig 9,790 9,790
Addition.
Army 3 Shaw AFB SC Headquarters Building, 55,000 55,000
Third US Army, Incr 2.
Army 43 Chattanooga TN Armed Forces Reserve 8,900 8,900
Center.
Army 10 Bliss TX Brigade Combat Team 110,000 110,000
Complex #3, Incr 3.
Army 10 Bliss TX Combat Aviation 94,000 94,000
Brigade Complex, Incr
3.
Army 10 Bliss TX Hospital Add/Alt, 24,000 24,000
WBAMC.
Army 10 Bliss TX Hospital Replacement.. 89,000 89,000
Army 10 Bliss TX Tactical Equipment 104,000 104,000
Maintenance Facility
2.
Army 44 Brownsville TX Armed Forces Reserve 15,000 15,000
Center.
Army 44 Huntsville TX Armed Forces Reserve 16,000 16,000
Center.
Army 44 Kingsville TX Armed Forces Reserve 17,500 17,500
Center.
Air Force 146 Lackland AFB TX Joint Base San Antonio 8,500 8,500
Headquarters Facility.
Army 44 Lufkin TX Armed Forces Reserve 15,500 15,500
Center.
Air Force 128 Randolph AFB TX Renovate Building 38.. 2,050 2,050
Army 44 Red River TX Armed Forces Reserve 14,200 14,200
Center.
Defense Wide 172 Fort Sam Houston TX San Antonio Military 163,750
Medical Center
(North) Incr 3.
Army 148 Sam Houston TX Add/Alt Building 2270. 18,000 18,000
Army 148 Sam Houston TX Housing, Enlisted 10,800 10,800
Permanent Party.
Army 148 Sam Houston TX IMCOM Campus Area 11,000 11,000
Infrastructure.
Army 148 Sam Houston TX Headquarters Bldg, 48,000 48,000
IMCOM.
Army 132 Belvoir VA Infrastructure 13,000 13,000
Support, Incr 3.
Army 168 Belvoir VA Infrastructure 39,400 39,400
Support, Incr 3.
Army 169 Belvoir VA NARMC HQ Building..... 17,500 17,500
Defense Wide 168 Fort Belvoir VA NGA Headquarters 168,749
Facility.
Defense Wide 169 Fort Belvoir VA Hospital Replacement-- 140,750 140,750
Increment 4.
Defense Wide 169 Fort Belvoir VA Dental Clinic......... 12,600 12,600
Defense Wide 133 Fort Belvoir VA Office Complex 360,533
Increment 3.
Army 8 Eustis VA Bldg 705 Renv (AAA & 1,600 1,600
902d MI).
Army 8 Eustis VA Headquarters Bldg, 5,700 5,700
IMCOM Eastern Region.
Army 8 Eustis VA Headquarters Building, 34,300 34,300
TRADOC, Incr 2.
Army 8 Eustis VA Joint Task Force-- 19,000 19,000
Civil Support.
Army 3 Eustis VA Renovation for ACA and 4,800 4,800
NETCOM.
Army 121 Lee VA AAFES Troop Store..... 1,850 1,850
Army 133 Lee VA Administrative 28,000 28,000
Building (DCMA).
Army 121 Lee VA Combat Service Support 30,000
School, Ph 1, Incr 4.
Army 121 Lee VA Combat Service Support 137,000 137,000
School, Ph 2, Incr 3.
Army 121 Lee VA Combat Service Support 145,000 145,000
School, Ph 3, Incr 2.
Army 121 Lee VA Consolidated Troop Med/ 20,000 20,000
Dntl Clinic.
Army 122 Lee VA HQs, Transportation 1,200 1,200
Management Detachment.
Army 121 Lee VA USMC Training 25,000 25,000
Facilities.
Navy 149 Arlington VA Crystal Park 5 to 33,660 33,660
Arlington Service
Center.
Navy 138 Chesapeake VA Joint Regional 47,560
Correctional Facility
(INCR II of II).
Navy 181 Norfolk VA Building 1558 2,510 2,510
Renovations for
SPAWAR.
Army 47 Elkins WV Armed Forces Reserve 22,000 22,000
Center.
Army 47 Fairmont WV Armed Forces Reserve 21,000 21,000
Center.
Army 47 Spencer-Ripley WV Armed Forces Reserve 19,540 19,540
Center.
Army PM Various WW Planning and Design... 26,100 26,100
Army Various Various Environmental......... 147,693 147,693
Navy Various Various Environmental......... 16,529 16,529
Air Force Various Various Environmental......... 19,454 19,454
Army Various Various Operation and 1,169,334 1,169,334
Maintenance.
Navy Various Various Operation and 322,495 322,495
Maintenance.
Air Force Various Various Operation and 288,459 288,459
Maintenance.
Defense Wide Various Various Operation and 836,715 836,715
Maintenance.
Navy Various Various MilPers PCS........... 6,504 6,504
Air Force Various Various MilPers PCS........... 3,970 3,970
Army Various Various Other................. 311,138 311,138
Navy Various Various Other................. 20,115 20,115
Air Force Various Various Other................. 23,443 23,443
Defense Wide Various Various Other................. 412,320 412,320
................................... ...............
................................... ............... Subtotal BRAC 2005 FY 4,081,037
2010, Army.
................................... ............... Subtotal BRAC 2005 FY 591,572
2010, Navy.
................................... ............... Subtotal BRAC 2005 FY 418,260
2010, Air Force.
................................... ............... Subtotal BRAC 2005 FY 2,388,629
2010, Defense Wide.
................................... ............... Total BRAC 2005 FY 5,934,740 7,479,498
2010 All Categories.
................................... ...............
Army Various Various Base Realignment and 98,723
Closure IV, Army.
Navy Various Various Base Realignment and 168,000
Closure IV, Navy.
Air Force Various Various Base Realignment and 127,364
Closure IV, Air Force.
Defense Wide Various Various Base Realignment and 2,681
Closure IV, Defense
Wide.
................................... ............... Total BRAC IV for FY 396,768
2010 .
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4503. AMERICAN RECOVERY AND REINVESTMENT ACT MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
AMERICAN RECOVERY AND REINVESTMENT ACT MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Senate
State Account Installation Project Title Authorized
----------------------------------------------------------------------------------------------------------------
AK Air Force Eielson AFB Replace Military Family 53,900
Housing--Phase 4 (Current
Mission) (76 units).
AL Air Force Birmingham Mobility Processing......... 2,300
AR Air Force Fort Smith Replace Civil Engineering 7,800
Complex.
CA Defense Wide Camp Pendleton Hospital Replacement........ 563,100
CA ARNG Fort Hunter-Liggett Family Housing New 620
Construction (1 Unit).
CA ARNG Fort Hunter-Liggett Family Housing Replacement 1,750
Construction (4 units).
CA Navy Marine Corps Base Camp Child Development Center.... 15,420
Pendleton
CA Navy Marine Corps Base Camp Photovoltaic System......... 10,731
Pendleton
CA Navy Marine Corps Base Camp Repair Bachelor Enlisted 8,901
Pendleton Quarters.
CA ARNG Mather Air Field Resurface Airfield Pavement. 1,500
CA Navy Naval Air Station Expand Child Development 7,793
Lemoore Center.
CA Navy Naval Base Coronado Child Care Center 24/7...... 2,301
CA Navy Naval Base Coronado Bachelor Enlisted Quarters.. 86,275
CA Navy Naval Base Point Loma Child Development Center.... 11,844
CA ARNG Sierra AD Family Housing Replacement 707
Construction (1 unit).
CO Army Fort Carson Child Development Center.... 12,500
CO Air Force Peterson AFB Construct Child Development 11,200
Center.
FL Air Force Hurlburt Field Child Development Center.... 11,000
FL Defense Wide Naval Airt Station Hospital Alteration......... 27,210
Jacksonville
FL Navy Naval Station Mayport Child Development Center.... 10,220
GA Army Fort Stewart (Hunter Child Youth Services Center. 8,600
AAF)
GA Air Force Moody AFB Child Development Center.... 11,400
HI Navy Marine Corps Base Child Development Center.... 19,360
Hawaii
IA Air Force Des Moines Replace Communication 6,000
Facility.
IL ARNG Rock Island Family Housing New 930
Construction (2 Units).
KS Air Force Forbes Add/Alter Fire Station...... 4,100
KY Army Fort Campbell Warrior in Transition (WT) 43,000
Complex.
MD Air Force Andrews AFB ANGRC Operations Center..... 8,000
MD Navy Naval Support Activity Replace Steam Generation 1,994
Annapolis Plant.
MD Navy Naval Surface Warfare Replace Underground Steam 1,253
Center Carderock Lines.
MS Air Force Keesler AFB Dormitory (144 Rm).......... 20,800
MT Air Force Malmstrom AFB Repair Structural 26,200
Foundations In Minuteman
Village (179 units).
NC Army Fort Bragg Child Development Center.... 11,300
NC Navy Marine Corps Air Repair Bachelor Enlisted 3,039
Station New River Quarters.
NC Navy Marine Corps Base Camp Facility and Photovoltaic 13,779
Lejeune Energy Upgrades.
NC ARNG Raleigh AFRC Raleigh (JFHQ-NC)...... 39,500
ND Air Force Minot AFB Dormitory (168 Rm).......... 28,300
NE ARNG Camp Ashland Dining Facility Add/Alt..... 2,900
NJ Air Force Atlantic City Construct N&S Arm/Disarm 4,300
Aprons.
NM Air Force Cannon AFB Child Development Center.... 12,000
NV ARNG Hawthorne AD Family Housing Improvement 950
(new water main).
NV Air Force Nellis AFB Child Development Center.... 13,400
NY ARNG Brooklyn (Ft. Hamilton) Ready Building (WMD CST).... 1,500
NY Army Fort Drum Child Development Center.... 10,700
OK ARNG McAlester AD Family Housing Replacement 2,200
Construction (6 units).
OR ARNG Camp Withycombe Storm Sewer................. 1,300
PA Air Force Fort Indian Town Gap Replace Troop Training Qtrs. 7,000
PA ARNG Letterkenny AD Family Housing New 1,050
Construction (3 units).
PA ARNG Tobyhanna Family Housing Replacement 1,000
Construction (2 units).
SC Air Force Shaw AFB Dormitory (144 Rm).......... 22,500
TN Navy Naval Support Activity Child Development Center.... 11,960
Mid-South
TX Army Fort Bliss Warrior in Transition (WT) 57,000
Complex.
TX Army Fort Hood Child Development Center.... 12,700
TX Defense Wide Fort Hood Hospital Replacement Phase 1 621,000
TX Air Force Goodfellow AFB Student Dormitory (200 Rm).. 28,400
TX Air Force Lackland AFB Add/Alter Child Development 6,000
Center.
UT ARNG Dugway Proving Grounds Family Housing Replacement 10,000
Construction (20 units).
UT Air Force Hill AFB Child Development Center.... 15,000
UT Air Force Salt Lake City Fire Station, Phase 2....... 5,100
VA Army Fort Belvoir Child Development Center.... 14,600
VA Army Fort Eustis Child Development Center.... 9,600
VA Navy Hampton Roads Install Photovoltaic Systems 26,098
VA Navy Naval Station Norfolk Repair Steam Lines.......... 1,054
VA Navy Naval Station Norfolk Steam Plant Area 23,593
Decentralization.
VA ARNG Radford AAP Family Housing Replacement 1,300
Construction (4 units).
WA Navy Naval Air Station Replace Water Distribution 20,054
Whidbey Island System.
WI ARNG Fort McCoy Family Housing New 14,000
Construction (23 units).
WI Air Force General Mitchell Security Forces CATM/CATS... 1,100
WV Air Force Eastern West Virginia C-5 Avionics Shop........... 4,300
Regional Airport
WV ARNG Gassaway Readiness Center Add/Alt.... 3,300
Defense Wide Various Locations Planning and Design (P&D)... 118,690
Navy Various Locations P&D--DoN Child Development 1,102
Center Projects.
Navy Various Locations P&D--DoN Energy Projects.... 1,444
Navy Various Locations P&D--DoN Bachelor Enlisted 1,785
Quarter Projects.
----------------------------------------------------------------------------------------------------------------
SEC. 4504. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
---------------------------------------------------------------------------------------------------------------------------------------------------------
Authorized for
Service Country Location Project Authorization Appropriation
--------------------------------------------------------------------------------------------------------------------------------------------------------
AF AF WOLVERINE CARGO HANDLING AREA............ 4,900 4,900
ARMY AF WOLVERINE DINING FACILITY................ 2,200 2,200
ARMY AF WOLVERINE FUEL SYSTEM, PH 1.............. 5,800 5,800
ARMY AF WOLVERINE WASTE MANAGEMENT COMPLEX....... 6,900 6,900
AF AF TOMBSTONE/BASTION STRATEGIC AIRLIFT APRON 32,000 32,000
EXPANSION.
AF AF TOMBSTONE/BASTION CAS APRON EXPANSION............ 40,000 40,000
AF AF TOMBSTONE/BASTION ISR APRON...................... 41,000 41,000
AF AF TOMBSTONE/BASTION SECURE RSOI FACILITY........... 10,000 10,000
AF AF TOMBSTONE/BASTION CARGO HANDLING AREA............ 18,000 18,000
AF AF TOMBSTONE/BASTION AVIATION OPERATIONS & 8,900 8,900
MAINTENANCE FACS.
AF AF TOMBSTONE/BASTION EXPEDITIONARY FIGHTER SHELTER.. 6,300 6,300
ARMY AF TOMBSTONE/BASTION BASIC LOAD AMMUNITION HOLDING 7,500 7,500
AREA.
ARMY AF TOMBSTONE/BASTION DINING FACILITY................ 8,900 8,900
ARMY AF TOMBSTONE/BASTION ENTRY CONTROL POINT AND ACCESS 14,200 14,200
ROADS.
ARMY AF TOMBSTONE/BASTION FUEL SYSTEM, PH 2.............. 14,200 14,200
ARMY AF TOMBSTONE/BASTION ROADS.......................... 4,300 4,300
ARMY AF TOMBSTONE/BASTION LEVEL 3 MEDICAL FACILITY....... 16,500 16,500
ARMY AF TOMBSTONE/BASTION WATER SUPPLY AND DISTRIBUTION 6,200 6,200
SYSTEM.
AF AF TARIN KOWT CARGO HANDLING AREA............ 4,900 4,900
ARMY AF TARIN KOWT DINING FACILITY................ 4,350 4,350
ARMY AF TARIN KOWT FUEL SYSTEM PHASE 2............ 11,800 11,800
ARMY AF TARIN KOWT WASTE MANAGEMENT AREA.......... 6,800 6,800
ARMY AF TARIN KOWT AMMUNITION SUPPLY POINT........ 35,000 35,000
ARMY AF SHARANA ROTARY WING PARKING............ 32,000 32,000
ARMY AF SHARANA AMMUNITION SUPPLY POINT........ 14,000 14,000
ARMY AF SHARANA AIRCRAFT MAINTENANCE FACILITIES 12,200 12,200
ARMY AF SHARANA ELECTRICAL DISTRIBUTION GRID... 2,600 2,600
AF AF SHANK CARGO HANDLING AREA............ 4,900 4,900
ARMY AF SHANK DINING FACILITY................ 4,350 4,350
ARMY AF SHANK ELECTRICAL DISTRIBUTION GRID... 4,600 4,600
ARMY AF SHANK WASTE MANAGEMENT COMPLEX....... 8,100 8,100
ARMY AF SHANK WATER DISTRIBUTION SYSTEM...... 2,650 2,650
ARMY AF SHANK TROOP HOUSING PHASE 2..........
ARMY AF SALERNO WASTE MANAGEMENT COMPLEX....... 5,500 5,500
ARMY AF SALERNO ELECTRICAL DISTRIBUTION GRID... 2,600 2,600
ARMY AF SALERNO FUEL SYSTEM, PH 1.............. 12,800 12,800
ARMY AF SALERNO DINING FACILITY................ 4,300 4,300
ARMY AF SALERNO RUNWAY UPGRADE................. 25,000 25,000
ARMY AF METHAR-LAM WASTE MANAGEMENT AREA.......... 4,150 4,150
ARMY AF MAYWAND DINING FACILITY................ 6,600 6,600
ARMY AF MAYWAND WASTE MANAGEMENT AREA.......... 5,600 5,600
AF AF KANDAHAR SECURE RSOI FACILITY........... 9,700 9,700
AF AF KANDAHAR TACTICAL AIRLFIT APRON......... 29,000 29,000
AF AF KANDAHAR REFUELER APRON/RELOCATE HCP.... 66,000 66,000
AF AF KANDAHAR CAS APRON EXPANSION............ 25,000 25,000
AF AF KANDAHAR ISR APRON EXPANSION............ 40,000 40,000
AF AF KANDAHAR AVIATION OPERATIONS & 10,500 10,500
MAINTENANCE FACILITIES.
AF AF KANDAHAR EXPEDITIONARY FIGHTER SHELTER.. 6,400 6,400
AF AF KANDAHAR CARGO HELICOPTER APRON......... 32,000 32,000
AF AF KANDAHAR RELOCATE NORTH AIRFIELD ROAD... 16,000 16,000
ARMY AF KANDAHAR TROOP HOUSING PHASE 2..........
ARMY AF KANDAHAR COMMAND AND CONTROL FACILITY... 4,500 4,500
ARMY AF KANDAHAR TANKER TRUCK OFFLOAD FACILITY.. 23,000 23,000
ARMY AF KANDAHAR COMMAND AND CONTROL FACILITY... 4,500 4,500
ARMY AF KANDAHAR COMMAND AND CONTROL FACILITY... 4,500 4,500
ARMY AF KANDAHAR SOUTHPARK ROADS................ 11,000 11,000
ARMY AF KANDAHAR WASTE MANAGEMENT COMPLEX....... 10,000 10,000
ARMY AF KANDAHAR WAREHOUSE...................... 20,000 20,000
ARMY AF KANDAHAR THEATER VEHICLE MAINTENANCE 55,000 55,000
FACILITY.
ARMY AF KABUL USFOR-A HEADQUARTERS & HOUSING. 98,000 98,000
ARMY AF KABUL CAMP PHOENIX WEST EXPANSION.... 39,000 39,000
ARMY AF JOYCE DINING FACILITY................ 2,100 2,100
ARMY AF JOYCE WASTE MANAGEMENT AREA.......... 5,600 5,600
ARMY AF JALALABAD DINING FACILITY................ 4,350 4,350
ARMY AF JALALABAD AMMUNITION SUPPLY POINT........ 35,000 35,000
ARMY AF JALALABAD CONTINGENCY HOUSING............
ARMY AF JALALABAD PERIMETER FENCING.............. 2,050 2,050
ARMY AF GHAZNI WASTE MANAGEMENT COMPLEX....... 5,500 5,500
ARMY AF GARDEZ TACTICAL RUNWAY................ 28,000 28,000
ARMY AF GARDEZ DINING FACILITY................ 2,200 2,200
ARMY AF GARDEZ CONTINGENCY HOUSING............
ARMY AF GARDEZ FUEL SYSTEM, PH 1.............. 6,000 6,000
ARMY AF FRONTENAC DINING FACILITY................ 2,200 2,200
ARMY AF FRONTENAC CONTINGENCY HOUSING............
AF AF DWYER CONTINGENCY HOUSING PHASE 1....
AF AF DWYER CONTINGENCY HOUSING PHASE 2....
AF AF DWYER CARGO HANDLING AREA............ 4,900 4,900
ARMY AF DWYER FUEL SYSTEM, PH 1.............. 5,800 5,800
ARMY AF DWYER WASTE MANAGEMENT COMPLEX....... 6,900 6,900
ARMY AF DWYER DINING FACILITY................ 2,200 2,200
ARMY AF BOSTICK WASTE MANAGEMENT AREA.......... 5,500 5,500
ARMY AF BLESSING WASTE MANAGEMENT AREA.......... 5,600 5,600
AF AF BAGRAM AIR BASE CARGO TERMINAL................. 13,800 13,800
AF AF BAGRAM AIR BASE AVIATION OPERATIONS & 8,900 8,900
MAINTENANCE FACILITIES.
AF AF BAGRAM AIR BASE EXPEDITIONARY FIGHTER SHELTER.. 6,400 6,400
ARMY AF BAGRAM AIR BASE TROOP HOUSING PHASE 3..........
ARMY AF BAGRAM AIR BASE DRAINAGE SYSTEM, PH 2.......... 21,000 21,000
ARMY AF BAGRAM AIR BASE BARRACKS....................... 18,500 18,500
ARMY AF BAGRAM AIR BASE PERIMETER FENCE AND GUARD 7,000 7,000
TOWERS.
ARMY AF BAGRAM AIR BASE COMMAND AND CONTROL FACILITY... 38,000 38,000
ARMY AF BAGRAM AIR BASE ACCESS ROADS................... 21,000 21,000
ARMY AF BAGRAM AIR BASE COMMAND AND CONTROL FACILITY... 4,500 4,500
ARMY AF BAGRAM AIR BASE MEDLOG WAREHOUSE............... 3,350 3,350
ARMY AF ASADABAD WASTE MANAGEMENT AREA.......... 5,500 5,500
ARMY AF ALTIMUR DINING FACILITY................ 2,150 2,150
ARMY AF ALTIMUR WASTE MANAGEMENT AREA.......... 5,600 5,600
ARMY AF AIRBORNE DINING FACILITY................ 2,200 2,200
ARMY AF AIRBORNE WASTE MANAGEMENT AREA.......... 5,600 5,600
ARMY BE MONS NATO SOF OPERATIONAL SUPPORT, 20,000 20,000
TRAINING.
AF ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN............ 35,000
ARMY ZU UNSPECIFIED WORLDWIDE MINOR CONSTRUCTION............. 20,000 20,000
ARMY ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN............ 75,884
NSA ZU UNSPECIFIED WORLDWIDE CLASSIFIED PROJECT.............
NSA ZU UNSPECIFIED WORLDWIDE PLANNING & DESIGN..............
....................... ..................................... Grand Total Military 1,294,100 1,404,984
Construction.
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XLVI--DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
----------------------------------------------------------------------------------------------------------------
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
Senate
Program FY 2010 Request Senate Change Authorized
----------------------------------------------------------------------------------------------------------------
Electricity Delivery & Energy Reliability
Electricity Delivery & Energy Reliability
Infrastructure security & energy restoration.......... 6,188 -6,188
Weapons Activities
Directed stockpile work
Life extension programs
W76 Life extension program.......................... 209,196 209,196
Total, Life extension programs........................ 209,196 209,196
Stockpile systems
B61 Stockpile systems............................... 124,456 124,456
W76 Stockpile systems............................... 65,497 65,497
W78 Stockpile systems............................... 50,741 50,741
W80 Stockpile systems............................... 19,064 19,064
B83 Stockpile systems............................... 35,682 35,682
W87 Stockpile systems............................... 51,817 51,817
W88 Stockpile systems............................... 43,043 43,043
Total, Stockpile systems.............................. 390,300 390,300
Weapons dismantlement and disposition
Operation and maintenance........................... 84,100 15,000 99,100
Total, Weapons dismantlement and disposition.......... 84,100 15,000 99,100
Stockpile services
Production support.................................. 301,484 301,484
Research and development support.................... 37,071 37,071
R&D certification and safety........................ 143,076 30,000 173,076
Management, technology, and production.............. 200,223 200,223
Plutonium infrastructure sustainment................ 149,201 149,201
Total, Stockpile services............................. 831,055 30,000 861,055
Total, Directed stockpile work.......................... 1,514,651 45,000 1,559,651
Campaigns:
Science campaign
Advanced certification.............................. 19,400 5,000 24,400
Primary assessment technologies..................... 80,181 80,181
Dynamic materials properties........................ 86,617 86,617
Academic alliances.................................. 30,251 30,251
Advanced radiography................................ 22,328 22,328
Secondary assessment technologies................... 77,913 77,913
Total, Science campaign............................... 316,690 5,000 321,690
Engineering campaign
Enhanced surety..................................... 42,000 5,000 47,000
Weapon systems engineering assessment technology.... 18,000 18,000
Nuclear survivability............................... 21,000 21,000
Enhanced surveillance............................... 69,000 10,000 79,000
Total, Engineering campaign........................... 150,000 15,000 165,000
Inertial confinement fusion ignition and high yeild
campaign
Ignition............................................ 106,734 106,734
NIF diagnostics, cryogenics and experimental support 72,252 72,252
Pulsed power inertial confinement fusion............ 5,000 5,000
Joint program in high energy density laboratory 4,000 4,000
plasmas............................................
Facility operations and target production........... 248,929 6,500 255,429
Omega operations................................. [6,500]
Total, Inertial confinement fusion and high yield 436,915 6,500 443,415
campaign.............................................
Advanced simulation and computing campaign
Operation and maintenance........................... 556,125 9,000 565,125
Readiness Campaign
Stockpile readiness................................. 5,746 5,746
High explosives and weapon operations............... 4,608 4,608
Nonnuclear readiness................................ 12,701 12,701
Tritium readiness................................... 68,246 -20,000 48,246
Advanced design and production technologies......... 8,699 8,699
Total, Readiness campaign............................. 100,000 -20,000 80,000
Total, Campaigns........................................ 1,559,730 15,500 1,575,230
Readiness in technical base and facilities (RTBF)
Operation of facilities
Operation of facilities............................. 1,342,303 1,342,303
Total, Operation of facilities........................ 1,342,303 1,342,303
Program readiness..................................... 73,021 73,021
Material recycle and recovery......................... 69,542 69,542
Containers............................................ 23,392 23,392
Storage............................................... 24,708 24,708
Subtotal, Readiness in technical base and facilities 1,532,966 1,532,966
(RTBF).................................................
Construction:
10-D-501, Nuclear facilities risk reduction Y-12 12,500 12,500
National Security Complex, Oakridge, TN............
99-D-141, Pit disassembly and conversion facility, 30,321 30,321
Savannah River Site, Aiken, SC.....................
09-D-007, LANSCE-Refurbishment, Los Alamos National 30,000 30,000
Laboratory, NM.....................................
08-D-801, High pressure fire loop (HPFL), Pantex, TX 31,910 31,910
06-D-140, Project engineering design (PED), various 70,678 70,678
locations..........................................
06-D-402, NTS replace fire stations 1 & 2 Nevada 1,473 1,473
Test Site, NV......................................
04-D-125, Chemistry and metallurgy facility 55,000 -20,000 35,000
replacement, Los Alamos National Laboratory, Los
Alamos, NM.........................................
04-D-128, TA-18 Criticality experiments facility 1,500 1,500
(CEF), Los Alamos National Laboratory, Nevada Test
Site, NV...........................................
Total, Construction................................... 203,382 10,000 213,382
Total, Readiness in technical base and facilities....... 1,736,348 10,000 1,746,348
Secure transportation asset
Operation and equipment............................... 138,772 138,772
Program direction..................................... 96,143 96,143
Total, Secure transportation asset...................... 234,915 234,915
Nuclear counterterrorism incident response.............. 221,936 5,688 227,624
National technical forensics.......................... [5,688]
Facilities and infrastructure recapitalization program
Operation and maintenance............................. 144,959 144,959
Construction:
07-D-253, TA 1 heating systems modernization (HSM) 9,963 9,963
Sandia National Laboratory, NM.....................
Total, Construction................................... 9,963 9,963
Total, Facilities and infrastructure recapitalization 154,922 154,922
program................................................
Site stewardship
Environmental projects and operations................. 41,288 41,288
Nuclear materials integration......................... 20,000 20,000
Stewardship planning.................................. 29,086 29,086
Total, Site stewardship................................. 90,374 90,374
Safeguards and security
Defense nuclear security
Operation and maintenance........................... 700,044 700,044
Construction:
10-D-701, Security improvements project Y-12 49,000 49,000
National Security Complex, Oak Ridge, TN.........
Total, Construction................................. 49,000 49,000
Total, Defense nuclear security....................... 749,044 749,044
Cyber security........................................ 122,511 122,511
Total, Safeguards and security.......................... 871,555 871,555
Support to intelligence................................. 30,000 30,000
Total, Weapons Activities................................. 6,384,431 106,188 6,490,619
Defense Nuclear Nonproliferation
Nonproliferation and verification research and
development
Operation and maintenance............................ 297,300 50,000 347,300
Nonproliferation and international security............. 207,202 -14,000 193,202
Nuclear noncompliance verification................... [-12,000]
Global initiatives for proliferation prevention....... [-2,000]
International nuclear materials protection and 552,300 552,300
cooperation............................................
Elimination of weapons-grade plutonium production 24,507 24,507
program................................................
Fissile materials disposition
U.S. surplus fissile materials disposition
Operation and maintenance
U.S. plutonium disposition........................ 90,896 90,896
U.S. uranium disposition.......................... 34,691 -2,000 32,691
Supporting activities............................. 1,075 1,075
Total, Operation and maintenance.................... 126,662 -2,000 124,662
Construction:
99-D-143, Mixed oxide fuel fabrication facility, 504,238 504,238
Savannah River Site, SC..........................
99-D-141-02, Waste solidification building, 70,000 70,000
Savannah River Site, SC..........................
Total, Construction................................. 574,238 574,238
Total, U.S. surplus fissile materials disposition..... 700,900 -2,000 698,900
Russian surplus materials disposition................. 1,000 6,000 7,000
Total, Fissile materials disposition.................... 701,900 4,000 705,900
Global threat reduction initiative...................... 353,500 -40,000 313,500
Gap nuclear material................................. [-40,000]
Subtotal, Defense Nuclear Nonproliferation................ 2,136,709 2,136,709
Total, Defense Nuclear Nonproliferation................... 2,136,709 2,136,709
Naval Reactors
Naval reactors development
Operation and maintenance
Operation and maintenance........................... 935,533 935,533
Total, Operation and maintenance...................... 935,533 935,533
Construction:
10-D-903, KAPL Security upgrades, Schnectady, NY.... 1,500 1,500
10-D-904, NRF infrastructure upgrades, ID........... 700 700
09-D-190, PED, Infrastructure upgrades, KAPL, 1,000 1,000
Schnectady, NY.....................................
09-D-902, NRF Production Support Complex, ID........ 6,400 6,400
08-D-190, NRF Project engineering and design 9,500 9,500
Expended Core Facility M-290 receiving/discharge
station, ID........................................
07-D-190, Materials research and technology complex, 11,700 11,700
BAPL, Pittsburgh, PA...............................
Total, Construction................................... 30,800 30,800
Total, Naval reactors development....................... 966,333 966,333
Program direction....................................... 36,800 36,800
Total, Naval Reactors..................................... 1,003,133 1,003,133
Office Of The Administrator
Office of the administrator............................. 431,074 431,074
Use of prior year balances.............................. -10,320 -10,320
Total, Office Of The Administrator........................ 420,754 420,754
Defense Environmental Cleanup
Closure sites:
Closure sites administration.......................... 8,225 8,225
Miamisburg............................................ 33,243 33,243
Total, Closure sites.................................... 41,468 41,468
Hanford site:
2012 accelerated completions
Nuclear facility D&D river corridor closure project. 327,955 327,955
Nuclear material stabilization and disposition PFP.. 118,087 118,087
SNF stabilization and disposition................... 55,325 55,325
Total, 2012 accelerated completions................... 501,367 501,367
2035 accelerated completions
Nuclear facility D&D--remainder of Hanford.......... 70,250 70,250
Richland community and regulatory support........... 21,940 21,940
Soil and water remediation--groundwater vadose zone. 176,766 176,766
Solid waste stabilization and disposition 200 area.. 132,757 132,757
Total, 2035 accelerated completions................... 401,713 401,713
Total, Hanford site..................................... 903,080 903,080
Idaho National Laboratory:
SNF stabilization and disposition--2012............... 14,768 14,768
Solid waste stabilization and disposition............. 137,000 137,000
Radioactive liquid tank waste stabilization and 95,800 95,800
disposition..........................................
Construction:
06-D-401, Sodium bearing waste treatment project, 83,700 83,700
Idaho..............................................
Soil and water remediation--2012...................... 71,000 71,000
Idaho community and regulatory support................ 3,900 3,900
Total, Idaho National Laboratory........................ 406,168 406,168
NNSA sites
Lawrence Livermore National Laboratory................ 910 910
NNSA Service Center/SPRU.............................. 17,938 17,938
Nevada................................................ 65,674 65,674
California site support............................... 238 238
Sandia National Laboratories.......................... 2,864 2,864
Los Alamos National Laboratory........................ 189,000 189,000
Total, NNSA sites and Nevada off-sites.................. 276,624 276,624
Oak Ridge Reservation:
Building 3019......................................... 38,900 38,900
Nuclear facility D & D ORNL........................... 38,900 38,900
Nuclear facility D & D Y-12........................... 34,000 34,000
Nuclear facility D & D E. Tennessee technology park... 100 100
OR reservation community and regulatory support....... 6,253 6,253
Solid waste stabilization and disposition--2012....... 35,615 35,615
Total, Oak Ridge Reservation............................ 153,768 153,768
Office of River Protection:
Waste treatment and immobilization plant
Construction:
01-D-416 Waste treatment and immobilization plant.
01-D-16A Low activity waste facility............ 100,000 100,000
01-D-16B Analytical laboratory.................. 55,000 55,000
01-D-16C Balance of facilities.................. 50,000 50,000
01-D-16D High level waste facility.............. 160,000 160,000
01-D-16E Pretreatment facility.................. 325,000 325,000
Total, Waste treatment and immobilization plant....... 690,000 690,000
Tank farm activities
Rad liquid tank waste stabilization and disposition. 408,000 408,000
Total, Office of River protection....................... 1,098,000 1,098,000
Savannah River Site:
Nuclear material stabilization and disposition
Nuclear material stabilization and disposition...... 385,310 385,310
Construction:
08-D-414 Project engineering and design Plutonium 6,315 6,315
Vitrification Facility, VL.......................
Total, Nuclear material stabilization and disposition. 391,625 391,625
2035 accelerated completions
SR community and regulatory support................. 18,300 18,300
Spent nuclear fuel stabilization and disposition.... 38,768 38,768
Total, 2035 accelerated completions................... 57,068 57,068
Tank farm activities
Radioactive liquid tank waste stabilization and 527,138 527,138
disposition........................................
Construction:
05-D-405, Salt waste processing facility, Savannah 234,118 234,118
River Site, SC...................................
Total, Tank farm activities........................... 761,256 761,256
Total, Savannah River Site.............................. 1,209,949 1,209,949
Waste Isolation Pilot Plant
Waste isolation pilot plant........................... 144,902 144,902
Central characterization project...................... 13,730 13,730
Transportation........................................ 33,851 33,851
Community and regulatory support...................... 27,854 27,854
Total, Waste Isolation Pilot Plant...................... 220,337 220,337
Program direction....................................... 355,000 355,000
Program support......................................... 34,000 34,000
Safeguards and Security:
Waste Isolation Pilot Project......................... 4,644 4,644
Oak Ridge Reservation................................. 32,400 32,400
West Valley........................................... 1,859 1,859
Paducah............................................... 8,190 8,190
Portsmouth............................................ 17,509 17,509
Richland/Hanford Site................................. 82,771 82,771
Savannah River Site................................... 132,064 132,064
Total, Safeguards and Security.......................... 279,437 279,437
Technology development.................................. 55,000 55,000
Uranium enrichment D&D fund contribution................ 463,000 463,000
General reduction....................................... -100,000 -100,000
Subtotal, Defense environmental cleanup................... 5,495,831 -100,000 5,395,831
Total, Defense Environmental Cleanup...................... 5,495,831 -100,000 5,395,831
Other Defense Activities
Health, safety and security
Health, safety and security........................... 337,757 337,757
Program direction..................................... 112,125 112,125
Total, Health, safety and security...................... 449,882 449,882
Office of Legacy Management
Legacy management..................................... 177,618 177,618
Program direction..................................... 12,184 12,184
Total, Office of Legacy Management...................... 189,802 189,802
Nuclear energy
Infrastructure
Idaho facilities management
INL infrastructure operation and maintenance...... 83,358 83,358
Total, Infrastructure................................. 83,358 83,358
Total, Nuclear energy................................... 83,358 83,358
Defense related administrative support.................. 122,982 122,982
Office of hearings and appeals.......................... 6,444 6,444
Total, Other Defense Activities........................... 852,468 852,468
Defense Nuclear Waste Disposal
Defense nuclear waste disposal.......................... 98,400 98,400
Total, Department of Energy............................... 16,397,914 16,397,914
----------------------------------------------------------------------------------------------------------------
DIVISION E--MATTHEW SHEPARD HATE CRIMES PREVENTION ACT
SEC. 4701. SHORT TITLE.
This division may be cited as the ``Matthew Shepard Hate Crimes
Prevention Act''.
SEC. 4702. FINDINGS.
Congress makes the following findings:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability of the
victim poses a serious national problem.
(2) Such violence disrupts the tranquility and safety of
communities and is deeply divisive.
(3) State and local authorities are now and will continue
to be responsible for prosecuting the overwhelming majority of
violent crimes in the United States, including violent crimes
motivated by bias. These authorities can carry out their
responsibilities more effectively with greater Federal
assistance.
(4) Existing Federal law is inadequate to address this
problem.
(5) A prominent characteristic of a violent crime motivated
by bias is that it devastates not just the actual victim and
the family and friends of the victim, but frequently savages
the community sharing the traits that caused the victim to be
selected.
(6) Such violence substantially affects interstate commerce
in many ways, including the following:
(A) The movement of members of targeted groups is
impeded, and members of such groups are forced to move
across State lines to escape the incidence or risk of
such violence.
(B) Members of targeted groups are prevented from
purchasing goods and services, obtaining or sustaining
employment, or participating in other commercial
activity.
(C) Perpetrators cross State lines to commit such
violence.
(D) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the
commission of such violence.
(E) Such violence is committed using articles that
have traveled in interstate commerce.
(7) For generations, the institutions of slavery and
involuntary servitude were defined by the race, color, and
ancestry of those held in bondage. Slavery and involuntary
servitude were enforced, both prior to and after the adoption
of the 13th amendment to the Constitution of the United States,
through widespread public and private violence directed at
persons because of their race, color, or ancestry, or perceived
race, color, or ancestry. Accordingly, eliminating racially
motivated violence is an important means of eliminating, to the
extent possible, the badges, incidents, and relics of slavery
and involuntary servitude.
(8) Both at the time when the 13th, 14th, and 15th
amendments to the Constitution of the United States were
adopted, and continuing to date, members of certain religious
and national origin groups were and are perceived to be
distinct ``races''. Thus, in order to eliminate, to the extent
possible, the badges, incidents, and relics of slavery, it is
necessary to prohibit assaults on the basis of real or
perceived religions or national origins, at least to the extent
such religions or national origins were regarded as races at
the time of the adoption of the 13th, 14th, and 15th amendments
to the Constitution of the United States.
(9) Federal jurisdiction over certain violent crimes
motivated by bias enables Federal, State, and local authorities
to work together as partners in the investigation and
prosecution of such crimes.
(10) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal assistance to States, local jurisdictions,
and Indian tribes.
SEC. 4703. DEFINITION OF HATE CRIME.
In this division--
(1) the term ``crime of violence'' has the meaning given
that term in section 16, title 18, United States Code;
(2) the term ``hate crime'' has the meaning given such term
in section 280003(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (28 U.S.C. 994 note); and
(3) the term ``local'' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State.
SEC. 4704. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY
STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of State, local, or tribal
law enforcement agency, the Attorney General may provide
technical, forensic, prosecutorial, or any other form of
assistance in the criminal investigation or prosecution of any
crime that--
(A) constitutes a crime of violence;
(B) constitutes a felony under the State, local, or
tribal laws; and
(C) is motivated by prejudice based on the actual
or perceived race, color, religion, national origin,
gender, sexual orientation, gender identity, or
disability of the victim, or is a violation of the
State, local, or tribal hate crime laws.
(2) Priority.--In providing assistance under paragraph (1),
the Attorney General shall give priority to crimes committed by
offenders who have committed crimes in more than one State and
to rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.
(b) Grants.--
(1) In general.--The Attorney General may award grants to
State, local, and tribal law enforcement agencies for
extraordinary expenses associated with the investigation and
prosecution of hate crimes.
(2) Office of justice programs.--In implementing the grant
program under this subsection, the Office of Justice Programs
shall work closely with grantees to ensure that the concerns
and needs of all affected parties, including community groups
and schools, colleges, and universities, are addressed through
the local infrastructure developed under the grants.
(3) Application.--
(A) In general.--Each State, local, and tribal law
enforcement agency that desires a grant under this
subsection shall submit an application to the Attorney
General at such time, in such manner, and accompanied
by or containing such information as the Attorney
General shall reasonably require.
(B) Date for submission.--Applications submitted
pursuant to subparagraph (A) shall be submitted during
the 60-day period beginning on a date that the Attorney
General shall prescribe.
(C) Requirements.--A State, local, and tribal law
enforcement agency applying for a grant under this
subsection shall--
(i) describe the extraordinary purposes for
which the grant is needed;
(ii) certify that the State, local
government, or Indian tribe lacks the resources
necessary to investigate or prosecute the hate
crime;
(iii) demonstrate that, in developing a
plan to implement the grant, the State, local,
and tribal law enforcement agency has consulted
and coordinated with nonprofit, nongovernmental
victim services programs that have experience
in providing services to victims of hate
crimes; and
(iv) certify that any Federal funds
received under this subsection will be used to
supplement, not supplant, non-Federal funds
that would otherwise be available for
activities funded under this subsection.
(4) Deadline.--An application for a grant under this
subsection shall be approved or denied by the Attorney General
not later than 180 business days after the date on which the
Attorney General receives the application.
(5) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single jurisdiction in any 1-year
period.
(6) Report.--Not later than December 31, 2010, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this subsection, the
award of such grants, and the purposes for which the grant
amounts were expended.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2010 and 2011.
SEC. 4705. GRANT PROGRAM.
(a) Authority To Award Grants.--The Office of Justice Programs of
the Department of Justice may award grants, in accordance with such
regulations as the Attorney General may prescribe, to State, local, or
tribal programs designed to combat hate crimes committed by juveniles,
including programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 4706. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE,
LOCAL, AND TRIBAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of
Justice, including the Community Relations Service, for fiscal years
2010, 2011, and 2012 such sums as are necessary to increase the number
of personnel to prevent and respond to alleged violations of section
249 of title 18, United States Code, as added by section 4707 of this
division.
SEC. 4707. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 249. Hate crime acts
``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, a dangerous
weapon, or an explosive or incendiary device, attempts to cause
bodily injury to any person, because of the actual or perceived
race, color, religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or
for life, fined in accordance with this title, or both,
if--
``(i) death results from the offense; or
``(ii) the offense includes kidnapping or
an attempt to kidnap, aggravated sexual abuse
or an attempt to commit aggravated sexual
abuse, or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, gender identity,
or disability.--
``(A) In general.--Whoever, whether or not acting
under color of law, in any circumstance described in
subparagraph (B) or paragraph (3), willfully causes
bodily injury to any person or, through the use of
fire, a firearm, a dangerous weapon, or an explosive or
incendiary device, attempts to cause bodily injury to
any person, because of the actual or perceived
religion, national origin, gender, sexual orientation,
gender identity or disability of any person--
``(i) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
``(ii) shall be imprisoned for any term of
years or for life, fined in accordance with
this title, or both, if--
title, or both, and shall be subject to the penalty of
death in accordance with chapter 228 (if death results
from the offense), if--
``(i) death results from the offense; or
``(ii) the offense includes kidnapping or
an attempt to kidnap, aggravated sexual abuse
or an attempt to commit aggravated sexual
abuse, or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, gender identity,
or disability.--
``(A) In general.--Whoever, whether or not acting
under color of law, in any circumstance described in
subparagraph (B) or paragraph (3), willfully causes
bodily injury to any person or, through the use of
fire, a firearm, a dangerous weapon, or an explosive or
incendiary device, attempts to cause bodily injury to
any person, because of the actual or perceived
religion, national origin, gender, sexual orientation,
gender identity or disability of any person--
``(i) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
``(ii) shall be imprisoned for any term of
years or for life, fined in accordance with
this title, or both, and shall be subject to
the penalty of death in accordance with chapter
228 (if death results from the offense), if--
``(I) death results from the
offense; or
``(II) the offense includes
kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or
an attempt to kill.
``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph
(A) occurs during the course of, or as the
result of, the travel of the defendant or the
victim--
``(I) across a State line or
national border; or
``(II) using a channel, facility,
or instrumentality of interstate or
foreign commerce;
``(ii) the defendant uses a channel,
facility, or instrumentality of interstate or
foreign commerce in connection with the conduct
described in subparagraph (A);
``(iii) in connection with the conduct
described in subparagraph (A), the defendant
employs a firearm, dangerous weapon, explosive
or incendiary device, or other weapon that has
traveled in interstate or foreign commerce; or
``(iv) the conduct described in
subparagraph (A)--
``(I) interferes with commercial or
other economic activity in which the
victim is engaged at the time of the
conduct; or
``(II) otherwise affects interstate
or foreign commerce.
``(3) Offenses occurring in the special maritime or
territorial jurisdiction of the united states.--Whoever, within
the special maritime or territorial jurisdiction of the United
States, commits an offense described in paragraph (1) or (2)
shall be subject to the same penalties as prescribed in those
paragraphs.
``(b) Certification Requirement.--
``(1) In general.--No prosecution of any offense described
in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney
General, or his designee, that--
``(A) the State does not have jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence; or
``(D) a prosecution by the United States is in the
public interest and necessary to secure substantial
justice.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of Federal officers,
or a Federal grand jury, to investigate possible violations of
this section.
``(c) Definitions.--In this section--
``(1) the term ``bodily injury'' has the meaning given such
term in section 1365(h)(4) of this title, but does not include
solely emotional or psychological harm to the victim;
``(2) the term `explosive or incendiary device' has the
meaning given such term in section 232 of this title;
``(3) the term `firearm' has the meaning given such term in
section 921(a) of this title; and
``(4) the term `gender identity' for the purposes of this
chapter means actual or perceived gender-related
characteristics.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
13 of title 18, United States Code, is amended by adding at the end the
following:
``249. Hate crime acts.''.
SEC. 4708. STATISTICS.
(a) In General.--Subsection (b)(1) of the first section of the Hate
Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting
``gender and gender identity,'' after ``race,''.
(b) Data.--Subsection (b)(5) of the first section of the Hate Crime
Statistics Act (28 U.S.C. 534 note) is amended by inserting ``,
including data about crimes committed by, and crimes directed against,
juveniles'' after ``data acquired under this section''.
SEC. 4709. SEVERABILITY.
If any provision of this division, an amendment made by this
division, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this division, the amendments made by this division, and the
application of the provisions of such to any person or circumstance
shall not be affected thereby.
SEC. 4710. RULE OF CONSTRUCTION.
For purposes of construing this division and the amendments made by
this division the following shall apply:
(1) Relevant evidence.--Courts may consider relevant
evidence of speech, beliefs, or expressive conduct to the
extent that such evidence is offered to prove an element of a
charged offense or is otherwise admissible under the Federal
Rules of Evidence. Nothing in this division is intended to
affect the existing rules of evidence.
(2) Violent acts.--This division applies to violent acts
motivated by actual or perceived race, color, religion,
national origin, gender, sexual orientation, gender identity or
disability of a victim.
SEC. 4711. CONSTRUCTION AND APPLICATION.
Nothing in this division, or an amendment made by this division,
shall be construed or applied in a manner that infringes on any rights
under the first amendment to the Constitution of the United States, or
substantially burdens any exercise of religion (regardless of whether
compelled by, or central to, a system of religious belief), speech,
expression, association, if such exercise of religion, speech,
expression, or association was not intended to--
(1) plan or prepare for an act of physical violence; or
(2) incite an imminent act of physical violence against
another.
(3) Free expression.--Nothing in this division shall be
construed to allow prosecution based solely upon an
individual's expression of racial, religious, political, or
other beliefs or solely upon an individual's membership in a
group advocating or espousing such beliefs.
(4) First amendment.--Nothing in this division, or an
amendment made by this division, shall be construed to diminish
any rights under the first amendment to the Constitution of the
United States.
(5) Constitutional protections.--Nothing in this division
shall be construed to prohibit any constitutionally protected
speech, expressive conduct or activities (regardless of whether
compelled by, or central to, a system of religious belief),
including the exercise of religion protected by the first
amendment to the Constitution of the United States and peaceful
picketing or demonstration. The Constitution does not protect
speech, conduct or activities consisting of planning for,
conspiring to commit, or committing an act of violence.
SEC. 4712. LIMITATION ON PROSECUTIONS.
(a) In General.--All prosecutions under section 249 of title 18,
United States Code, as added by this Act, shall be undertaken pursuant
to guideline, issued by the Attorney General--
(1) to guide the exercise of the discretion of Federal
prosecutors and the Attorney General in their decisions whether
to seek death sentences under such section when the crime
results in a loss of life; and
(2) that identify with particularity the the type facts of
such cases that will support the classification of individual
cases in term of their culpability and death eligibility as
low, medium, and high.
(b) Requirements for Death Penalty.--If the Government seeks a
death sentence in crime under section 249 of title 18, United States
Code, as added by this Act, that results in a loss of life--
(1) the Attorney General shall certify with particularity
in the information or indictment how the facts of the case
support the Government's judgment that the case is properly
classified among the cases involving a hate crime that resulted
in a victim's death;
(2) the Attorney General shall document in a filing to the
court--
(A) the facts of the crime (including date of
offense and arrest and location of the offense),
charges, convictions, and sentences of all state and
Federal hate crimes (committed before or after the
effective date of this legislation) that resulted in a
loss of life and were known to the Assistant United
States Attorney or the Attorney General; and
(B) the actual or perceived race, color, national
origin, ethnicity, religion, gender, sexual
orientation, gender identity, or disability of the
defendant and all victims; and
(3)(A) the court, either at the close of the guilt trial or
at the close of the penalty trial, shall conduct a
proportionality review in which it shall examine whether the
prosecutorial death seeking and death sentencing rates in
comparable cases in Federal prosecutions are both greater than
50 percent; and
(B) if the United States fails to satisfy the test under
subparagraph (A), by a preponderance of the evidence, the court
shall dismiss the Government's action seeking a death sentence
in the case.
SEC. 4713. GUIDELINES FOR HATE-CRIMES OFFENSES.
Section 249(a) of title 18, United States Code, as added by section
___ of this Act, is amended by adding at the end the following:
``(4) Guidelines.--All prosecutions conducted by the United
States under this section shall be undertaken pursuant to
guidelines issued by the Attorney General, or the designee of
the Attorney General, to be included in the United States
Attorneys' Manual that shall establish neutral and objective
criteria for determining whether a crime was committed because
of the actual or perceived status of any person.''.
SEC. 4714. ATTACKS ON UNITED STATES SERVICEMEN.
(a) In General.--Chapter 67 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1389. Prohibition on attacks on United States servicemen on
account of service
``(a) In General.--Whoever knowingly assaults or batters a United
States serviceman or an immediate family member of a United States
serviceman, or who knowingly destroys or injures the property of such
serviceman or immediate family member, on account of the military
service of that serviceman or status of that individual as a United
States serviceman, or who attempts or conspires to do so, shall--
``(1) in the case of a simple assault, or destruction or
injury to property in which the damage or attempted damage to
such property is not more than $500, be fined under this title
in an amount not less than $500 nor more than $10,000 and
imprisoned not more than 2 years;
``(2) in the case of destruction or injury to property in
which the damage or attempted damage to such property is more
than $500, be fined under this title in an amount not less than
$1000 nor more than $100,000 and imprisoned not more than 5
years; and
``(3) in the case of a battery, or an assault resulting in
bodily injury, be fined under this title in an amount not less
than $2500 and imprisoned not less than 6 months nor more than
10 years.
``(b) Exception.--This section shall not apply to conduct by a
person who is subject to the Uniform Code of Military Justice.
``(c) Definitions.--In this section--
``(1) the term `Armed Forces' has the meaning given that
term in section 1388;
``(2) the term `immediate family member' has the meaning
given that term in section 115; and
``(3) the term `United States serviceman'--
``(A) means a member of the Armed Forces; and
``(B) includes a former member of the Armed Forces
during the 5-year period beginning on the date of the
discharge from the Armed Forces of that member of the
Armed Forces.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 67 of title 18, United States Code, is amended by adding at the
end the following:
``1389. Prohibition on attacks on United States servicemen on account
of service.''.
DIVISION F--SBIR/STTR REAUTHORIZATION
SEC. 5001. SHORT TITLE.
This division may be cited as the ``SBIR/STTR Reauthorization Act
of 2009''.
SEC. 5002. DEFINITIONS.
In this division--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the terms ``extramural budget'', ``Federal agency'',
``Small Business Innovation Research Program'', ``SBIR'',
``Small Business Technology Transfer Program'', and ``STTR''
have the meanings given such terms in section 9 of the Small
Business Act (15 U.S.C. 638); and
(3) the term ``small business concern'' has the same
meaning as under section 3 of the Small Business Act (15 U.S.C.
632).
TITLE LI--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS
SEC. 5101. EXTENSION OF TERMINATION DATES.
(a) SBIR.--Section 9(m) of the Small Business Act (15 U.S.C.
638(m)) is amended by striking ``2008'' and inserting ``2017''.
(b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 U.S.C.
638(n)(1)(A)) is amended by striking ``2009'' and inserting ``2017''.
SEC. 5102. STATUS OF THE OFFICE OF TECHNOLOGY.
Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is
amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and'';
(3) by redesignating paragraph (8) as paragraph (9); and
(4) by adding at the end the following:
``(10) to maintain an Office of Technology to carry out the
responsibilities of the Administration under this section,
which shall be--
``(A) headed by the Assistant Administrator for
Technology, who shall report directly to the
Administrator; and
``(B) independent from the Office of Government
Contracting of the Administration and sufficiently
staffed and funded to comply with the oversight,
reporting, and public database responsibilities
assigned to the Office of Technology by the
Administrator.''.
SEC. 5103. SBIR ALLOCATION INCREASE.
Section 9(f) of the Small Business Act (15 U.S.C. 638(f)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``Each'' and inserting ``Except as provided in
paragraph (2)(C), each'';
(B) in subparagraph (B), by striking ``and'' at the
end; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) not less than 2.5 percent of such budget in
each of fiscal years 2009 and 2010;
``(D) not less than 2.6 percent of such budget in
fiscal year 2011;
``(E) not less than 2.7 percent of such budget in
fiscal year 2012;
``(F) not less than 2.8 percent of such budget in
fiscal year 2013;
``(G) not less than 2.9 percent of such budget in
fiscal year 2014;
``(H) not less than 3.0 percent of such budget in
fiscal year 2015;
``(I) not less than 3.1 percent of such budget in
fiscal year 2016;
``(J) not less than 3.2 percent of such budget in
fiscal year 2017;
``(K) not less than 3.3 percent of such budget in
fiscal year 2018;
``(L) not less than 3.4 percent of such budget in
fiscal year 2019; and
``(M) not less than 3.5 percent of such budget in
fiscal year 2020 and each fiscal year thereafter,'';
and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and adjusting the
margins accordingly;
(B) by striking ``A Federal agency'' and inserting
the following:
``(A) In general.--A Federal agency''; and
(C) by adding at the end the following:
``(B) Department of defense and department of
energy.--For the Department of Defense and the
Department of Energy, to the greatest extent
practicable, the percentage of the extramural budget in
excess of 2.5 percent required to be expended with
small business concerns under subparagraphs (D) through
(M) of paragraph (1)--
``(i) may not be used for new Phase I or
Phase II awards; and
``(ii) shall be used for activities that
further the readiness levels of technologies
developed under Phase II awards, including
conducting testing and evaluation to promote
the transition of such technologies into
commercial or defense products, or systems
furthering the mission needs of the Department
of Defense or the Department of Energy, as the
case may be.''.
SEC. 5104. STTR ALLOCATION INCREASE.
Section 9(n)(1)(B) of the Small Business Act (15 U.S.C.
638(n)(1)(B)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking ``thereafter.'' and
inserting ``through fiscal year 2010;''; and
(3) by adding at the end the following:
``(iii) 0.4 percent for fiscal years 2011
and 2012;
``(iv) 0.5 percent for fiscal years 2013
and 2014; and
``(v) 0.6 percent for fiscal year 2015 and
each fiscal year thereafter.''.
SEC. 5105. SBIR AND STTR AWARD LEVELS.
(a) SBIR Adjustments.--Section 9(j)(2)(D) of the Small Business Act
(15 U.S.C. 638(j)(2)(D)) is amended--
(1) by striking ``$100,000'' and inserting ``$150,000'';
and
(2) by striking ``$750,000'' and inserting ``$1,000,000''.
(b) STTR Adjustments.--Section 9(p)(2)(B)(ix) of the Small Business
Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended--
(1) by striking ``$100,000'' and inserting ``$150,000'';
and
(2) by striking ``$750,000'' and inserting ``$1,000,000''.
(c) Triennial Adjustments.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended--
(1) in subsection (j)(2)(D)--
(A) by striking ``5 years'' and inserting ``3
years''; and
(B) by striking ``and programmatic
considerations''; and
(2) in subsection (p)(2)(B)(ix) by striking ``greater or
lesser amounts to be awarded at the discretion of the awarding
agency,'' and inserting ``an adjustment for inflation of such
amounts once every 3 years,''.
(d) Limitation on Certain Awards.--Section 9 of the Small Business
Act (15 U.S.C. 638) is amended by adding at the end the following:
``(aa) Limitation on Certain Awards.--
``(1) Limitation.--No Federal agency may issue an award
under the SBIR program or the STTR program if the size of the
award exceeds the award guidelines established under this
section by more than 50 percent.
``(2) Maintainance of information.--Participating agencies
shall maintain information on awards exceeding the guidelines
established under this section, including--
``(A) the amount of each award;
``(B) a justification for exceeding the award
amount;
``(C) the identity and location of each award
recipient; and
``(D) whether a recipient has received any venture
capital investment and, if so, whether the recipient is
majority-owned and controlled by multiple venture
capital companies.
``(3) Reports.--The Administrator shall include the
information described in paragraph (2) in the annual report of
the Administrator to Congress.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prevent a Federal agency from
supplementing an award under the SBIR program or the STTR
program using funds of the Federal agency that are not part of
the SBIR program or the STTR program of the Federal agency.''.
SEC. 5106. AGENCY AND PROGRAM COLLABORATION.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this division, is amended by adding at the end the following:
``(bb) Subsequent Phases.--
``(1) Agency collaboration.--A small business concern that
received an award from a Federal agency under this section
shall be eligible to receive an award for a subsequent phase
from another Federal agency, if the head of each relevant
Federal agency or the relevant component of the Federal agency
makes a written determination that the topics of the relevant
awards are the same and both agencies report the awards to the
Administrator for inclusion in the public database under
subsection (k).
``(2) SBIR and sttr collaboration.--A small business
concern which received an award under this section under the
SBIR program or the STTR program may receive an award under
this section for a subsequent phase in either the SBIR program
or the STTR program and the participating agency or agencies
shall report the awards to the Administrator for inclusion in
the public database under subsection (k).''.
SEC. 5107. ELIMINATION OF PHASE II INVITATIONS.
(a) In General.--Section 9(e) of the Small Business Act (15 U.S.C.
638(e)) is amended--
(1) in paragraph (4)(B), by striking ``to further'' and
inserting: ``which shall not include any invitation, pre-
screening, pre-selection, or down-selection process for
eligibility for the second phase, that will further''; and
(2) in paragraph (6)(B), by striking ``to further develop
proposed ideas to'' and inserting ``which shall not include any
invitation, pre-screening, pre-selection, or down-selection
process for eligibility for the second phase, that will further
develop proposals that''.
(b) Technical and Conforming Amendments.--The Small Business Act
(15 U.S.C. 638) is amended--
(1) in section 9--
(A) in subsection (e)--
(i) in paragraph (8), by striking ``and''
at the end;
(ii) in paragraph (9)--
(I) by striking ``the second or the
third phase'' and inserting ``Phase II
or Phase III''; and
(II) by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(10) the term `Phase I' means--
``(A) with respect to the SBIR program, the first
phase described in paragraph (4)(A); and
``(B) with respect to the STTR program, the first
phase described in paragraph (6)(A);
``(11) the term `Phase II' means--
``(A) with respect to the SBIR program, the second
phase described in paragraph (4)(B); and
``(B) with respect to the STTR program, the second
phase described in paragraph (6)(B); and
``(12) the term `Phase III' means--
``(A) with respect to the SBIR program, the third
phase described in paragraph (4)(C); and
``(B) with respect to the STTR program, the third
phase described in paragraph (6)(C).'';
(B) in subsection (j)--
(i) in paragraph (1)(B), by striking
``phase two'' and inserting ``Phase II'';
(ii) in paragraph (2)--
(I) in subparagraph (B)--
(aa) by striking ``the
third phase'' each place it
appears and inserting ``Phase
III''; and
(bb) by striking ``the
second phase'' and inserting
``Phase II'';
(II) in subparagraph (D)--
(aa) by striking ``the
first phase'' and inserting
``Phase I''; and
(bb) by striking ``the
second phase'' and inserting
``Phase II'';
(III) in subparagraph (F), by
striking ``the third phase'' and
inserting ``Phase III'';
(IV) in subparagraph (G)--
(aa) by striking ``the
first phase'' and inserting
``Phase I''; and
(bb) by striking ``the
second phase'' and inserting
``Phase II''; and
(V) in subparagraph (H)--
(aa) by striking ``the
first phase'' and inserting
``Phase I'';
(bb) by striking ``second
phase'' each place it appears
and inserting ``Phase II''; and
(cc) by striking ``third
phase'' and inserting ``Phase
III''; and
(iii) in paragraph (3)--
(I) in subparagraph (A)--
(aa) by striking ``the
first phase (as described in
subsection (e)(4)(A))'' and
inserting ``Phase I'';
(bb) by striking ``the
second phase (as described in
subsection (e)(4)(B))'' and
inserting ``Phase II''; and
(cc) by striking ``the
third phase (as described in
subsection (e)(4)(C))'' and
inserting ``Phase III''; and
(II) in subparagraph (B), by
striking ``second phase'' and inserting
``Phase II'';
(C) in subsection (k)--
(i) by striking ``first phase'' each place
it appears and inserting ``Phase I''; and
(ii) by striking ``second phase'' each
place it appears and inserting ``Phase II'';
(D) in subsection (l)(2)--
(i) by striking ``the first phase'' and
inserting ``Phase I''; and
(ii) by striking ``the second phase'' and
inserting ``Phase II'';
(E) in subsection (o)(13)--
(i) in subparagraph (B), by striking
``second phase'' and inserting ``Phase II'';
and
(ii) in subparagraph (C), by striking
``third phase'' and inserting ``Phase III'';
(F) in subsection (p)--
(i) in paragraph (2)(B)--
(I) in clause (vi)--
(aa) by striking ``the
second phase'' and inserting
``Phase II''; and
(bb) by striking ``the
third phase'' and inserting
``Phase III''; and
(II) in clause (ix)--
(aa) by striking ``the
first phase'' and inserting
``Phase I''; and
(bb) by striking ``the
second phase'' and inserting
``Phase II''; and
(ii) in paragraph (3)--
(I) by striking ``the first phase
(as described in subsection
(e)(6)(A))'' and inserting ``Phase I'';
(II) by striking ``the second phase
(as described in subsection
(e)(6)(B))'' and inserting ``Phase
II''; and
(III) by striking ``the third phase
(as described in subsection
(e)(6)(A))'' and inserting ``Phase
III'';
(G) in subsection (q)(3)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by
striking ``First phase'' and inserting
``Phase i''; and
(II) by striking ``first phase''
and inserting ``Phase I''; and
(ii) in subparagraph (B)--
(I) in the subparagraph heading, by
striking ``Second phase'' and inserting
``Phase ii''; and
(II) by striking ``second phase''
and inserting ``Phase II'';
(H) in subsection (r)--
(i) in the subsection heading, by striking
``Third Phase'' and inserting ``Phase III'';
(ii) in paragraph (1)--
(I) in the first sentence--
(aa) by striking ``for the
second phase'' and inserting
``for Phase II'';
(bb) by striking ``third
phase'' and inserting ``Phase
III''; and
(cc) by striking ``second
phase period'' and inserting
``Phase II period''; and
(II) in the second sentence--
(aa) by striking ``second
phase'' and inserting ``Phase
II''; and
(bb) by striking ``third
phase'' and inserting ``Phase
III''; and
(iii) in paragraph (2), by striking ``third
phase'' and inserting ``Phase III''; and
(I) in subsection (u)(2)(B), by striking ``the
first phase'' and inserting ``Phase I'';
(2) in section 34--
(A) in subsection (c)(2)(B)(ii), by striking
``first phase and second phase SBIR awards'' and
inserting ``Phase I and Phase II SBIR awards (as
defined in section 9(e))''; and
(B) in subsection (e)(2)(A)--
(i) in clause (i), by striking ``first
phase awards'' and all that follows and
inserting ``Phase I awards (as defined in
section 9(e));''; and
(ii) by striking ``first phase'' each place
it appears and inserting ``Phase I''; and
(3) in section 35(c)(2)(B)(vii), by striking ``third
phase'' and inserting ``Phase III''.
SEC. 5108. MAJORITY-VENTURE INVESTMENTS IN SBIR FIRMS.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638), as amended by this division, is amended by adding at the end the
following:
``(cc) Majority-Venture Investments in SBIR Firms.--
``(1) Authority and determination.--
``(A) In general.--Upon a written determination
provided not later than 30 days in advance to the
Administrator and to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives--
``(i) the Director of the National
Institutes of Health may award not more than 18
percent of the SBIR funds of the National
Institutes of Health allocated in accordance
with this Act, in the first full fiscal year
beginning after the date of enactment of this
subsection, and each fiscal year thereafter, to
small business concerns that are owned in
majority part by venture capital companies and
that satisfy the qualification requirements
under paragraph (2) through competitive, merit-
based procedures that are open to all eligible
small business concerns; and
``(ii) the head of any other Federal agency
participating in the SBIR program may award not
more than 8 percent of the SBIR funds of the
Federal agency allocated in accordance with
this Act, in the first full fiscal year
beginning after the date of enactment of this
subsection, and each fiscal year thereafter, to
small business concerns that are majority owned
by venture capital companies and that satisfy
the qualification requirements under paragraph
(2) through competitive, merit-based procedures
that are open to all eligible small business
concerns.
``(B) Determination.--A written determination made
under subparagraph (A) shall explain how the use of the
authority under that subparagraph will induce
additional venture capital funding of small business
innovations, substantially contribute to the mission of
the funding Federal agency, demonstrate a need for
public research, and otherwise fulfill the capital
needs of small business concerns for additional
financing for the SBIR project.
``(2) Qualification requirements.--The Administrator shall
establish requirements relating to the affiliation by small
business concerns with venture capital companies, which may not
exclude a United States small business concern from
participation in the program under paragraph (1) on the basis
that the small business concern is owned in majority part by,
or controlled by, more than 1 United States venture capital
company, so long as no single venture capital company owns more
than 49 percent of the small business concern.
``(3) Registration.--A small business concern that is
majority owned and controlled by multiple venture capital
companies and qualified for participation in the program
authorized under paragraph (1) shall--
``(A) register with the Administrator on the date
that the small business concern submits an application
for an award under the SBIR program; and
``(B) indicate whether the small business concern
is registered under subparagraph (A) in any SBIR
proposal.
``(4) Compliance.--A Federal agency described in paragraph
(1) shall collect data regarding the number and dollar amounts
of phase I, phase II, and all other categories of awards under
the SBIR program, and the Administrator shall report on the
data and the compliance of each such Federal agency with the
maximum amounts under paragraph (1) as part of the annual
report by the Administration under subsection (b)(7).
``(5) Enforcement.--If a Federal agency awards more than
the amount authorized under paragraph (1) for a purpose
described in paragraph (1), the amount awarded in excess of the
amount authorized under paragraph (1) shall be transferred to
the funds for general SBIR programs from the non-SBIR research
and development funds of the Federal agency within 60 days of
the date on which the Federal agency awarded more than the
amount authorized under paragraph (1) for a purpose described
in paragraph (1).''.
(b) Technical and Conforming Amendment.--Section 3 of the Small
Business Act (15 U.S.C. 632) is amended by adding at the end the
following:
``(t) Venture Capital Company.--In this Act, the term `venture
capital company' means an entity described in clause (i), (v), or (vi)
of section 121.103(b)(5) of title 13, Code of Federal Regulations (or
any successor thereto).''.
(c) Assistance for Determining Affiliates.--Not later than 30 days
after the date of enactment of this Act, the Administrator shall post
on the website of the Administration (with a direct link displayed on
the homepage of the website of the Administration or the SBIR website
of the Administration)--
(1) a clear explanation of the SBIR affiliation rules under
part 121 of title 13, Code of Federal Regulations; and
(2) contact information for officers or employees of the
Administration who--
(A) upon request, shall review an issue relating to
the rules described in paragraph (1); and
(B) shall respond to a request under subparagraph
(A) not later than 20 business days after the date on
which the request is received.
SEC. 5109. SBIR AND STTR SPECIAL ACQUISITION PREFERENCE.
Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) is
amended by adding at the end the following:
``(4) Phase iii awards.--To the greatest extent
practicable, Federal agencies and Federal prime contractors
shall issue Phase III awards relating to technology, including
sole source awards, to the SBIR and STTR award recipients that
developed the technology.''.
SEC. 5110. COLLABORATING WITH FEDERAL LABORATORIES AND RESEARCH AND
DEVELOPMENT CENTERS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this division, is amended by adding at the end the following:
``(dd) Collaborating With Federal Laboratories and Research and
Development Centers.--
``(1) Authorization.--Subject to the limitations under this
section, the head of each participating Federal agency may make
SBIR and STTR awards to any eligible small business concern
that--
``(A) intends to enter into an agreement with a
Federal laboratory or federally funded research and
development center for portions of the activities to be
performed under that award; or
``(B) has entered into a cooperative research and
development agreement (as defined in section 12(d) of
the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3710a(d))) with a Federal laboratory.
``(2) Prohibition.--No Federal agency shall--
``(A) condition an SBIR or STTR award upon entering
into agreement with any Federal laboratory or any
federally funded laboratory or research and development
center for any portion of the activities to be
performed under that award;
``(B) approve an agreement between a small business
concern receiving a SBIR or STTR award and a Federal
laboratory or federally funded laboratory or research
and development center, if the small business concern
performs a lesser portion of the activities to be
performed under that award than required by this
section and by the SBIR Policy Directive and the STTR
Policy Directive of the Administrator; or
``(C) approve an agreement that violates any
provision, including any data rights protections
provision, of this section or the SBIR and the STTR
Policy Directives.
``(3) Implementation.--Not later than 180 days after the
date of enactment of this subsection, the Administrator shall
modify the SBIR Policy Directive and the STTR Policy Directive
issued under this section to ensure that small business
concerns--
``(A) have the flexibility to use the resources of
the Federal laboratories and federally funded research
and development centers; and
``(B) are not mandated to enter into agreement with
any Federal laboratory or any federally funded
laboratory or research and development center as a
condition of an award.''.
SEC. 5111. NOTICE REQUIREMENT.
The head of any Federal agency involved in a case or controversy
before any Federal judicial or administrative tribunal concerning the
SBIR program or the STTR program shall provide timely notice, as
determined by the Administrator, of the case or controversy to the
Administrator.
TITLE LII--OUTREACH AND COMMERCIALIZATION INITIATIVES
SEC. 5201. RURAL AND STATE OUTREACH.
(a) Outreach.--Section 9 of the Small Business Act (15 U.S.C. 638)
is amended by inserting after subsection (r) the following:
``(s) Outreach.--
``(1) Definition of eligible state.--In this subsection,
the term `eligible State' means a State--
``(A) for which the total value of contracts
awarded to the State under this section during the most
recent fiscal year for which data is available was less
than $5,000,000; and
``(B) that certifies to the Administrator that the
State will, upon receipt of assistance under this
subsection, provide matching funds from non-Federal
sources in an amount that is not less than 50 percent
of the amount provided under this subsection.
``(2) Program authority.--Of amounts made available to
carry out this section for each of fiscal years 2010 through
2014, the Administrator may expend with eligible States not
more than $5,000,000 in each such fiscal year in order to
increase the participation of small business concerns located
in those States in the programs under this section.
``(3) Amount of assistance.--The amount of assistance
provided to an eligible State under this subsection in any
fiscal year--
``(A) shall be equal to not more than 50 percent of
the total amount of matching funds from non-Federal
sources provided by the State; and
``(B) shall not exceed $100,000.
``(4) Use of assistance.--Assistance provided to an
eligible State under this subsection shall be used by the
State, in consultation with State and local departments and
agencies, for programs and activities to increase the
participation of small business concerns located in the State
in the programs under this section, including--
``(A) the establishment of quantifiable performance
goals, including goals relating to--
``(i) the number of program awards under
this section made to small business concerns in
the State; and
``(ii) the total amount of Federal research
and development contracts awarded to small
business concerns in the State;
``(B) the provision of competition outreach support
to small business concerns in the State that are
involved in research and development; and
``(C) the development and dissemination of
educational and promotional information relating to the
programs under this section to small business concerns
in the State.''.
(b) Federal and State Program Extension.--Section 34 of the Small
Business Act (15 U.S.C. 657d) is amended--
(1) in subsection (h), by striking ``2001 through 2005''
each place it appears and inserting ``2010 through 2014''; and
(2) in subsection (i), by striking ``2005'' and inserting
``2014''.
(c) Matching Requirements.--Section 34(e)(2) of the Small Business
Act (15 U.S.C. 657d(e)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``50 cents'' and
inserting ``35 cents''; and
(B) in clause (iii), by striking ``75 cents'' and
inserting ``50 cents'';
(2) in subparagraph (B), by striking ``50 cents'' and
inserting ``35 cents'';
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(4) by inserting after subparagraph (B) the following:
``(C) Rural areas.--
``(i) In general.--Except as provided in
clause (ii), the non-Federal share of the cost
of the activity carried out using an award or
under a cooperative agreement under this
section shall be 35 cents for each Federal
dollar that will be directly allocated by a
recipient described in paragraph (A) to serve
small business concerns located in a rural
area.
``(ii) Enhanced rural awards.--For a
recipient located in a rural area that is
located in a State described in subparagraph
(A)(i), the non-Federal share of the cost of
the activity carried out using an award or
under a cooperative agreement under this
section shall be 15 cents for each Federal
dollar that will be directly allocated by a
recipient described in paragraph (A) to serve
small business concerns located in the rural
area.
``(iii) Definition of rural area.--In this
subparagraph, the term `rural area' has the
meaning given that term in section 1393(a)(2))
of the Internal Revenue Code of 1986.''.
SEC. 5202. SBIR-STEM WORKFORCE DEVELOPMENT GRANT PILOT PROGRAM.
(a) Pilot Program Established.--From amounts made available to
carry out this section, the Administrator shall establish a SBIR-STEM
Workforce Development Grant Pilot Program to encourage the business
community to provide workforce development opportunities for college
students, in the fields of science, technology, engineering, and math
(in this section referred to as ``STEM college students''), by
providing a SBIR bonus grant.
(b) Eligible Entities Defined.--In this section the term ``eligible
entity'' means a grantee receiving a grant under the SBIR Program on
the date of the bonus grant under subsection (a) that provides an
internship program for STEM college students.
(c) Awards.--An eligible entity shall receive a bonus grant equal
to 10 percent of either a Phase I or Phase II grant, as applicable,
with a total award maximum of not more than $10,000 per year.
(d) Evaluation.--Following the fourth year of funding under this
section, the Administrator shall submit a report to Congress on the
results of the SBIR-STEM Workforce Development Grant Pilot Program.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $1,000,000 for fiscal year 2011;
(2) $1,000,000 for fiscal year 2012;
(3) $1,000,000 for fiscal year 2013;
(4) $1,000,000 for fiscal year 2014; and
(5) $1,000,000 for fiscal year 2015.
SEC. 5203. TECHNICAL ASSISTANCE FOR AWARDEES.
Section 9(q)(3) of the Small Business Act (15 U.S.C. 638(q)(3)) is
amended--
(1) in subparagraph (A), by striking ``$4,000'' and
inserting ``$5,000'';
(2) in subparagraph (B)--
(A) by striking ``, with funds available from their
SBIR awards,''; and
(B) by striking ``$4,000 per year'' and inserting
``$5,000 per year, which shall be in addition to the
amount of the recipient's award''; and
(3) by adding at the end the following:
``(C) Flexibility.--In carrying out subparagraphs
(A) and (B), each Federal agency shall provide the
allowable amounts to a recipient that meets the
eligibility requirements under the applicable
subparagraph, if the recipient requests to seek
technical assistance from an individual or entity other
than the vendor selected under paragraph (2) by the
Federal agency.
``(D) Limitation.--A Federal agency may not--
``(i) use the amounts authorized under
subparagraph (A) or (B) unless the vendor
selected under paragraph (2) provides the
technical assistance to the recipient; or
``(ii) enter a contract with a vendor under
paragraph (2) under which the amount provided
for technical assistance is based on total
number of Phase I or Phase II awards.''.
SEC. 5204. COMMERCIALIZATION PROGRAM AT DEPARTMENT OF DEFENSE.
Section 9(y) of the Small Business Act (15 U.S.C. 638(y)), as
amended by section 834 of this Act, is amended--
(1) in paragraph (1), by adding at the end the following:
``The authority to create and administer a Commercialization
Program under this subsection may not be construed to eliminate
or replace any other SBIR program or STTR program that enhances
the insertion or transition of SBIR or STTR technologies,
including any such program in effect on the date of enactment
of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3136).'';
(2) by redesignating paragraph (5) as paragraph (7); and
(3) by inserting after paragraph (4) the following:
``(5) Insertion incentives.--For any contract with a value
of not less than $100,000,000, the Secretary of Defense is
authorized to--
``(A) establish goals for the transition of Phase
III technologies in subcontracting plans; and
``(B) require a prime contractor on such a contract
to report the number and dollar amount of contracts
entered into by that prime contractor for Phase III
SBIR or STTR projects.
``(6) Goal for sbir and sttr technology insertion.--The
Secretary of Defense shall--
``(A) set a goal to increase the number of Phase II
SBIR contracts and the number of Phase II STTR
contracts awarded by that Secretary that lead to
technology transition into programs of record or
fielded systems;
``(B) use incentives in effect on the date of
enactment of the SBIR/STTR Reauthorization Act of 2009,
or create new incentives, to encourage agency program
managers and prime contractors to meet the goal under
subparagraph (A); and
``(C) include in the annual report to Congress the
percentage of contracts described in subparagraph (A)
awarded by that Secretary, and information on the
ongoing status of projects funded through the
Commercialization Program and efforts to transition
these technologies into programs of record or fielded
systems.''.
SEC. 5205. COMMERCIALIZATION PILOT PROGRAM FOR CIVILIAN AGENCIES.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this division, is amended by adding at the end the following:
``(ee) Pilot Program.--
``(1) Authorization.--The head of each covered Federal
agency may set aside not more than 10 percent of the SBIR and
STTR funds of such agency for further technology development,
testing, and evaluation of SBIR and STTR Phase II technologies.
``(2) Application by federal agency.--
``(A) In general.--A covered Federal agency may not
establish a pilot program unless such agency makes a
written application to the Administrator, not later
than 90 days before to the first day of the fiscal year
in which the pilot program is to be established, that
describes a compelling reason that additional
investment in SBIR or STTR technologies is necessary,
including unusually high regulatory, systems
integration, or other costs relating to development or
manufacturing of identifiable, highly promising small
business technologies or a class of such technologies
expected to substantially advance the mission of the
agency.
``(B) Determination.--The Administrator shall--
``(i) make a determination regarding an
application submitted under subparagraph (A)
not later than 30 days before the first day of
the fiscal year for which the application is
submitted;
``(ii) publish the determination in the
Federal Register; and
``(iii) make a copy of the determination
and any related materials available to the
Committee on Small Business and
Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives.
``(3) Maximum amount of award.--The head of a Federal
agency may not make an award under a pilot program in excess of
3 times the dollar amounts generally established for Phase II
awards under subsection (j)(2)(D) or (p)(2)(B)(ix).
``(4) Matching.--The head of a Federal agency may not make
an award under a pilot program for SBIR or STTR Phase II
technology that will be acquired by the Federal Government
unless new private, Federal non-SBIR, or Federal non-STTR
funding that at least matches the award from the Federal agency
is provided for the SBIR or STTR Phase II technology.
``(5) Eligibility for award.--The head of a Federal agency
may make an award under a pilot program to any applicant that
is eligible to receive a Phase III award related to technology
developed in Phase II of an SBIR or STTR project.
``(6) Registration.--Any applicant that receives an award
under a pilot program shall register with the Administrator in
a registry that is available to the public.
``(7) Termination.--The authority to establish a pilot
program under this section expires at the end of fiscal year
2014.
``(8) Definitions.--In this section--
``(A) the term `covered Federal agency'--
``(i) means a Federal agency participating
in the SBIR program or the STTR program; and
``(ii) does not include the Department of
Defense; and
``(B) the term `pilot program' means the program
established under paragraph (1).''.
SEC. 5206. NANOTECHNOLOGY INITIATIVE.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638), as amended by this division, is amended by adding at the end the
following:
``(ff) Nanotechnology Initiative.--Each Federal agency
participating in the SBIR or STTR program shall encourage the
submission of applications for support of nanotechnology related
projects to such program.''.
(b) Sunset.--Effective October 1, 2014, subsection (ff) of the
Small Business Act, as added by subsection (a) of this section, is
repealed.
SEC. 5207. ACCELERATING CURES.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 44 as section 45; and
(2) by inserting after section 43 the following:
``SEC. 44. SMALL BUSINESS INNOVATION RESEARCH PROGRAM.
``(a) NIH Cures Pilot.--
``(1) Establishment.--An independent advisory board shall
be established at the National Academy of Sciences (in this
section referred to as the `advisory board') to conduct
periodic evaluations of the SBIR program (as that term is
defined in section 9) of each of the National Institutes of
Health (referred to in this section as the `NIH') institutes
and centers for the purpose of improving the management of the
SBIR program through data-driven assessment.
``(2) Membership.--
``(A) In general.--The advisory board shall consist
of--
``(i) the Director of the NIH;
``(ii) the Director of the SBIR program of
the NIH;
``(iii) senior NIH agency managers,
selected by the Director of NIH;
``(iv) industry experts, selected by the
Council of the National Academy of Sciences in
consultation with the Associate Administrator
for Technology of the Administration and the
Director of the Office of Science and
Technology Policy; and
``(v) owners or operators of small business
concerns that have received an award under the
SBIR program of the NIH, selected by the
Associate Administrator for Technology of the
Administration.
``(B) Number of members.--The total number of
members selected under clauses (iii), (iv), and (v) of
subparagraph (A) shall not exceed 10.
``(C) Equal representation.--The total number of
members of the advisory board selected under clauses
(i), (ii), (iii), and (iv) of subparagraph (A) shall be
equal to the number of members of the advisory board
selected under subparagraph (A)(v).
``(b) Addressing Data Gaps.--In order to enhance the evidence-base
guiding SBIR program decisions and changes, the Director of the SBIR
program of the NIH shall address the gaps and deficiencies in the data
collection concerns identified in the 2007 report of the National
Academies of Science entitled `An Assessment of the Small Business
Innovation Research Program at the NIH'.
``(c) Pilot Program.--
``(1) In general.--The Director of the SBIR program of the
NIH may initiate a pilot program, under a formal mechanism for
designing, implementing, and evaluating pilot programs, to spur
innovation and to test new strategies that may enhance the
development of cures and therapies.
``(2) Considerations.--The Director of the SBIR program of
the NIH may consider conducting a pilot program to include
individuals with successful SBIR program experience in study
sections, hiring individuals with small business development
experience for staff positions, separating the commercial and
scientific review processes, and examining the impact of the
trend toward larger awards on the overall program.
``(d) Report to Congress.--The Director of the NIH shall submit an
annual report to Congress and the advisory board on the activities of
the SBIR program of the NIH under this section.
``(e) SBIR Grants and Contracts.--
``(1) In general.--In awarding grants and contracts under
the SBIR program of the NIH each SBIR program manager shall
place an emphasis on applications that identify products and
services that may enhance the development of cures and
therapies.
``(2) Examination of commercialization and other metrics.--
The advisory board shall evaluate the implementation of the
requirement under paragraph (1) by examining increased
commercialization and other metrics, to be determined and
collected by the SBIR program of the NIH.
``(3) Phase i and ii.--To the greatest extent practicable,
the Director of the SBIR program of the NIH shall reduce the
time period between Phase I and Phase II funding of grants and
contracts under the SBIR program of the NIH to 6 months.
``(f) Limit.--Not more than a total of 1 percent of the extramural
budget (as defined in section 9 of the Small Business Act (15 U.S.C.
638)) of the NIH for research or research and development may be used
for the pilot program under subsection (c) and to carry out subsection
(e).
``(g) Sunset.--This section shall cease to be effective on the date
that is 5 years after the date of enactment of the SBIR/STTR
Reauthorization Act of 2009.''.
TITLE LIII--OVERSIGHT AND EVALUATION
SEC. 5301. STREAMLINING ANNUAL EVALUATION REQUIREMENTS.
Section 9(b) of the Small Business Act (15 U.S.C. 638(b)), as
amended by section _102 of this division, is amended--
(1) in paragraph (7)--
(A) by striking ``STTR programs, including the
data'' and inserting the following: ``STTR programs,
including--
``(A) the data'';
(B) by striking ``(g)(10), (o)(9), and (o)(15), the
number'' and all that follows through ``under each of
the SBIR and STTR programs, and a description'' and
inserting the following: ``(g)(8) and (o)(9); and
``(B) the number of proposals received from, and
the number and total amount of awards to, HUBZone small
business concerns and firms with venture capital
investment (including those majority owned and
controlled by multiple venture capital firms) under
each of the SBIR and STTR programs;
``(C) a description of the extent to which each
Federal agency is increasing outreach and awards to
firms owned and controlled by women and social or
economically disadvantaged individuals under each of
the SBIR and STTR programs;
``(D) general information about the implementation
and compliance with the allocation of funds required
under subsection (cc) for firms majority owned and
controlled by multiple venture capital firms under each
of the SBIR and STTR programs;
``(E) a detailed description of appeals of Phase
III awards and notices of noncompliance with the SBIR
and the STTR Policy Directives filed by the
Administrator with Federal agencies; and
``(F) a description''; and
(2) by inserting after paragraph (7) the following:
``(8) to coordinate the implementation of electronic
databases at each of the Federal agencies participating in the
SBIR program or the STTR program, including the technical
ability of the participating agencies to electronically share
data;''.
SEC. 5302. DATA COLLECTION FROM AGENCIES FOR SBIR.
Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) is
amended--
(1) by striking paragraph (10);
(2) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively;
(3) by inserting after paragraph (7) the following:
``(8) collect annually, and maintain in a common format in
accordance with the simplified reporting requirements under
subsection (v), such information from awardees as is necessary
to assess the SBIR program, including information necessary to
maintain the database described in subsection (k), including--
``(A) whether an awardee--
``(i) has venture capital or is majority
owned and controlled by multiple venture
capital firms, and, if so--
``(I) the amount of venture capital
that the awardee has received as of the
date of the award; and
``(II) the amount of additional
capital that the awardee has invested
in the SBIR technology;
``(ii) has an investor that--
``(I) is an individual who is not a
citizen of the United States or a
lawful permanent resident of the United
States, and if so, the name of any such
individual; or
``(II) is a person that is not an
individual and is not organized under
the laws of a State or the United
States, and if so the name of any such
person;
``(iii) is owned by a woman or has a woman
as a principal investigator;
``(iv) is owned by a socially or
economically disadvantaged individual or has a
socially or economically disadvantaged
individual as a principal investigator;
``(v) received assistance under the FAST
program under section 34 or the outreach
program under subsection (s);
``(vi) is a faculty member or a student of
an institution of higher education, as that
term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001); or
``(vii) is located in a State described in
subsection (u)(3); and
``(B) a justification statement from the agency, if
an awardee receives an award in an amount that is more
than the award guidelines under this section;''; and
(4) in paragraph (10), as so redesignated, by adding
``and'' at the end.
SEC. 5303. DATA COLLECTION FROM AGENCIES FOR STTR.
Section 9(o) of the Small Business Act (15 U.S.C. 638(o)) is
amended--
(1) by striking paragraph (9) and inserting the following:
``(9) collect annually, and maintain in a common format in
accordance with the simplified reporting requirements under
subsection (v), such information from applicants and awardees
as is necessary to assess the STTR program outputs and
outcomes, including information necessary to maintain the
database described in subsection (k), including--
``(A) whether an applicant or awardee--
``(i) has venture capital or is majority
owned and controlled by multiple venture
capital firms, and, if so--
``(I) the amount of venture capital
that the applicant or awardee has
received as of the date of the
application or award, as applicable;
and
``(II) the amount of additional
capital that the applicant or awardee
has invested in the SBIR technology;
``(ii) has an investor that--
``(I) is an individual who is not a
citizen of the United States or a
lawful permanent resident of the United
States, and if so, the name of any such
individual; or
``(II) is a person that is not an
individual and is not organized under
the laws of a State or the United
States, and if so the name of any such
person;
``(iii) is owned by a woman or has a woman
as a principal investigator;
``(iv) is owned by a socially or
economically disadvantaged individual or has a
socially or economically disadvantaged
individual as a principal investigator;
``(v) received assistance under the FAST
program under section 34 or the outreach
program under subsection (s);
``(vi) is a faculty member or a student of
an institution of higher education, as that
term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001); or
``(vii) is located in a State in which the
total value of contracts awarded to small
business concerns under all STTR programs is
less than the total value of contracts awarded
to small business concerns in a majority of
other States, as determined by the
Administrator in biennial fiscal years,
beginning with fiscal year 2008, based on the
most recent statistics compiled by the
Administrator; and
``(B) if an awardee receives an award in an amount
that is more than the award guidelines under this
section, a statement from the agency that justifies the
award amount;'';
(2) in paragraph (14), by adding ``and'' at the end;
(3) by striking paragraph (15); and
(4) by redesignating paragraph (16) as paragraph (15).
SEC. 5304. PUBLIC DATABASE.
Section 9(k)(1) of the Small Business Act (15 U.S.C. 638(k)(1)) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) for each small business concern that has
received a Phase I or Phase II SBIR or STTR award from
a Federal agency, whether the small business concern--
``(i) has venture capital and, if so,
whether the small business concern is
registered as majority owned and controlled by
multiple venture capital companies as required
under subsection (cc)(3);
``(ii) is owned by a woman or has a woman
as a principal investigator;
``(iii) is owned by a socially or
economically disadvantaged individual or has a
socially or economically disadvantaged
individual as a principal investigator;
``(iv) received assistance under the FAST
program under section 34 or the outreach
program under subsection (s); or
``(v) is owned by a faculty member or a
student of an institution of higher education,
as that term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C.
1001).''.
SEC. 5305. GOVERNMENT DATABASE.
Section 9(k)(2) of the Small Business Act (15 U.S.C. 638(k)(2)) is
amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively;
(2) by inserting after subparagraph (B) the following:
``(C) includes, for each awardee--
``(i) the name, size, location, and any
identifying number assigned to the awardee by
the Administrator;
``(ii) whether the awardee has venture
capital, and, if so--
``(I) the amount of venture capital
as of the date of the award;
``(II) the percentage of ownership
of the awardee held by a venture
capital firm, including whether the
awardee is majority owned and
controlled by multiple venture capital
firms; and
``(III) the amount of additional
capital that the awardee has invested
in the SBIR technology, which
information shall be collected on an
annual basis;
``(iii) the names and locations of any
affiliates of the awardee;
``(iv) the number of employees of the
awardee;
``(v) the number of employees of the
affiliates of the awardee; and
``(vi) the names of, and the percentage of
ownership of the awardee held by--
``(I) any individual who is not a
citizen of the United States or a
lawful permanent resident of the United
States; or
``(II) any person that is not an
individual and is not organized under
the laws of a State or the United
States;''; and
(3) in subparagraph (D), as so redesignated--
(A) in clause (ii), by striking ``and'' at the end;
and
(B) by adding at the end, the following:
``(iv) whether the applicant was majority
owned and controlled by multiple venture
capital firms; and
``(v) the number of employees of the
applicant;''.
SEC. 5306. ACCURACY IN FUNDING BASE CALCULATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and every 3 years thereafter, the Comptroller General of
the United States shall--
(1) conduct a fiscal and management audit of the SBIR
program and the STTR program for the applicable period to--
(A) determine whether Federal agencies comply with
the expenditure amount requirements under subsections
(f)(1) and (n)(1) of section 9 of the Small Business
Act (15 U.S.C. 638), as amended by this division;
(B) assess the extent of compliance with the
requirements of section 9(i)(2) of the Small Business
Act (15 U.S.C. 638(i)(2)) by Federal agencies
participating in the SBIR program or the STTR program
and the Administration;
(C) assess whether it would be more consistent and
effective to base the amount of the allocations under
the SBIR program and the STTR program on a percentage
of the research and development budget of a Federal
agency, rather than the extramural budget of the
Federal agency; and
(D) determine the portion of the extramural
research or research and development budget of a
Federal agency that each Federal agency spends for
administrative purposes relating to the SBIR program or
STTR program, and for what specific purposes, including
the portion, if any, of such budget the Federal agency
spends for salaries and expenses, travel to visit
applicants, outreach events, marketing, and technical
assistance; and
(2) submit a report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives regarding the audit
conducted under paragraph (1), including the assessments
required under subparagraphs (B) and (C), and the determination
made under subparagraph (D) of paragraph (1).
(b) Definition of Applicable Period.--In this section, the term
``applicable period'' means--
(1) for the first report submitted under this section, the
period beginning on October 1, 2000, and ending on September 30
of the last full fiscal year before the date of enactment of
this Act for which information is available; and
(2) for the second and each subsequent report submitted
under this section, the period--
(A) beginning on October 1 of the first fiscal year
after the end of the most recent full fiscal year
relating to which a report under this section was
submitted; and
(B) ending on September 30 of the last full fiscal
year before the date of the report.
SEC. 5307. CONTINUED EVALUATION BY THE NATIONAL ACADEMY OF SCIENCES.
Section 108 of the Small Business Reauthorization Act of 2000 (15
U.S.C. 638 note) is amended by adding at the end the following:
``(e) Extensions and Enhancements of Authority.--
``(1) In general.--Not later than 6 months after the date
of enactment of the SBIR/STTR Reauthorization Act of 2009, the
head of each agency described in subsection (a), in
consultation with the Small Business Administration, shall
cooperatively enter into an agreement with the National Academy
of Sciences for the National Research Council to conduct a
study described in subsection (a)(1) and make recommendations
described in subsection (a)(2) not later than 4 years after the
date of enactment of the SBIR/STTR Reauthorization Act of 2009,
and every 4 years thereafter.
``(2) Reporting.--An agreement under paragraph (1) shall
require that not later than 4 years after the date of enactment
of the SBIR/STTR Reauthorization Act of 2009, and every 4 years
thereafter, the National Research Council shall submit to the
head of the agency entering into the agreement, the Committee
on Small Business and Entrepreneurship of the Senate, and the
Committee on Small Business of the House of Representatives a
report regarding the study conducted under paragraph (1) and
containing the recommendations described in paragraph (1).''.
SEC. 5308. TECHNOLOGY INSERTION REPORTING REQUIREMENTS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this division, is amended by adding at the end the following:
``(gg) Phase III Reporting.--The annual SBIR or STTR report to
Congress by the Administration under subsection (b)(7) shall include,
for each Phase III award made by the Federal agency--
``(1) the name of the agency or component of the agency or
the non-Federal source of capital making the Phase III award;
``(2) the name of the small business concern or individual
receiving the Phase III award; and
``(3) the dollar amount of the Phase III award.''.
SEC. 5309. INTELLECTUAL PROPERTY PROTECTIONS.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the SBIR program to assess whether--
(1) Federal agencies comply with the data rights
protections for SBIR awardees and the technologies of SBIR
awardees under section 9 of the Small Business Act (15 U.S.C.
638);
(2) the laws and policy directives intended to clarify the
scope of data rights, including in prototypes and mentor-
protege relationships and agreements with Federal laboratories,
are sufficient to protect SBIR awardees; and
(3) there is an effective grievance tracking process for
SBIR awardees who have grievances against a Federal agency
regarding data rights and a process for resolving those
grievances.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Small Business and Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report regarding the
study conducted under subsection (a).
TITLE LIV--POLICY DIRECTIVES
SEC. 5401. CONFORMING AMENDMENTS TO THE SBIR AND THE STTR POLICY
DIRECTIVES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall promulgate amendments to
the SBIR Policy Directive and the STTR Policy Directive to conform such
directives to this division and the amendments made by this division.
(b) Publishing SBIR Policy Directive and the STTR Policy Directive
in the Federal Register.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall publish the amended SBIR
Policy Directive and the amended STTR Policy Directive in the Federal
Register.
SEC. 5402. PRIORITIES FOR CERTAIN RESEARCH INITIATIVES.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638), as amended by this Act, is amended by adding at the end the
following:
``(hh) Research Initiatives.--To the extent that such projects
relate to the mission of the Federal agency, each Federal agency
participating in the SBIR program or STTR program shall encourage the
submission of applications for support of projects relating to
security, energy, transportation, or improving the security and quality
of the water supply of the United States to such program.''.
(b) Sunset.--Effective October 1, 2014, section 9(hh) of the Small
Business Act, as added by subsection (a) of this section, is repealed.
SEC. 5403. REPORT ON SBIR AND STTR PROGRAM GOALS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this Act, is amended by adding at the end the following:
``(ii) Annual Report on SBIR and STTR Program Goals.--
``(1) Development of metrics.--The head of each Federal
agency required to participate in the SBIR program or the STTR
program shall develop metrics to evaluate the effectiveness,
and the benefit to the people of the United States, of the SBIR
program and the STTR program of the Federal agency that--
``(A) are science-based and statistically driven;
``(B) reflect the mission of the Federal agency;
and
``(C) include factors relating to the economic
impact of the programs.
``(2) Evaluation.--The head of each Federal agency
described in paragraph (1) shall conduct an annual evaluation
using the metrics developed under paragraph (1) of--
``(A) the SBIR program and the STTR program of the
Federal agency; and
``(B) the benefits to the people of the United
States of the SBIR program and the STTR program of the
Federal agency.
``(3) Report.--
``(A) In general.--The head of each Federal agency
described in paragraph (1) shall submit to the
appropriate committees of Congress and the
Administrator an annual report describing in detail the
results of an evaluation conducted under paragraph (2).
``(B) Public availability of report.--The head of
each Federal agency described in paragraph (1) shall
make each report submitted under subparagraph (A)
available to the public online.
``(C) Definition.--In this paragraph, the term
`appropriate committees of Congress' means--
``(i) the Committee on Small Business and
Entrepreneurship of the Senate; and
``(ii) the Committee on Small Business and
the Committee on Science and Technology of the
House of Representatives.''.
SEC. 5404. COMPETITIVE SELECTION PROCEDURES FOR SBIR AND STTR PROGRAMS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this Act, is amended by adding at the end the following:
``(jj) Competitive Selection Procedures for SBIR and STTR
Programs.--All funds awarded, appropriated, or otherwise made available
in accordance with subsection (f) or (n) must be awarded pursuant to
competitive and merit-based selection procedures.''.
DIVISION G--MARITIME ADMINISTRATION AUTHORIZATION
TITLE LX--MARITIME ADMINISTRATION
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Maritime Administration
Authorization Act of 2010''.
SEC. 6002. COOPERATIVE AGREEMENTS, ADMINISTRATIVE EXPENSES, AND
CONTRACTING AUTHORITY.
Section 109 of title 49, United States Code, is amended--
(1) by striking the headline for subsection (h) and
inserting the following:
``(h) Contracts, Cooperative Agreements, and Audits.--''.
(2) by striking the heading for paragraph (1) of subsection
(h) and inserting the following:
``(1) Contracts and cooperative agreements.--''.
(3) by striking ``make contracts'' in subsection (h)(1) and
inserting ``make contracts and cooperative agreements''
(4) by striking ``section and'' in subsection (h)(1)(A) and
inserting ``section,'';
(5) by striking ``title 46;'' in subsection (h)(1)(A) and
insert ``title 46, and all other Maritime Administration
programs;''; and
(6) by redesignating subsection (i) as subsection (j) and
inserting after subsection (h) the following:
``(i) Grant Administrative Expenses.--Except as otherwise provided
by law, the administrative and related expenses for the administration
of any grant programs by the Maritime Administrator may not exceed 3
percent..''.
SEC. 6003. USE OF FUNDING FOR DOT MARITIME HERITAGE PROPERTY.
Section 6(a)(1) of the National Maritime Heritage Act of 1994 (16
U.S.C. 5405(a)(1)) is amended by striking subparagraph (C) and
inserting the following:
``(C) The remainder, whether collected before or
after the date of enactment of the Maritime
Administration Authorization Act of 2010, shall be
available to the Secretary to carry out the Program, as
provided in subsection (b) of this section or, if
otherwise determined by the Maritime Administrator, for
use in the preservation and presentation to the public
of maritime heritage property of the Maritime
Administration.''.
SEC. 6004. LIQUIDATION OF UNUSED LEAVE BALANCE AT THE MERCHANT MARINE
ACADEMY.
The Maritime Administration may use appropriated funds to make a
lump-sum payment at a rate of pay that existed on the date of
termination or day before conversion to the Civil Service for any
unused annual leave accrued by a non-appropriated fund instrumentality
employee who was terminated if determined ineligible for conversion, or
converted to the Civil Service as a United States Merchant Marine
Academy employee during fiscal year 2009.
SEC. 6005. PERMANENT AUTHORITY TO HIRE ADJUNCT PROFESSORS AT THE
MERCHANT MARINE ACADEMY.
(a) In General.--Chapter 513 of title 46, United States Code, is
amended by adding at the end thereof the following:
``Sec. 51317. Adjunct professors
``(a) In General.--The Maritime Administrator may, subject to the
availability of appropriations, contract with individuals as personal
services contractors to provide services as adjunct professors at the
United States Merchant Marine Academy, if the Maritime Administrator
determines that there is a need for adjunct professors and the need is
not of permanent duration.''.
(b) Contract Requirements.--Each contract under this section--
``(1) shall be approved by the Maritime Administrator; and
``(1) shall be for a duration, including options, of not to
exceed one year unless the Maritime Administration finds that
exceptional circumstances justify an extension, which may not
exceed one additional year.
``(c) Limitation on Number of Contractors.--In awarding contracts
under this section, the Maritime Administrator shall ensure that not
more than 25 individuals actively provide services in any one academic
trimester, or equivalent, as contractors under subsection (a).
``(d) Existing Contracts.--Any contract entered into before the
date of enactment of the Maritime Administration Authorization Act of
2010 for the services of an adjunct professor at the Academy shall
remain in effect for the trimester (or trimesters) for which the
services were contracted.''.
(b) Conforming Amendments.--
(1) The table of contents for chapter 513 of title 46,
United States Code, is amended by adding at the end thereof the
following:
``51317. Adjunct professors.''.
(2) Section 3506 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (46 U.S.C. 53101 note)
is repealed.
SEC. 6006. USE OF MIDSHIPMAN FEES.
Section 51314 of title 46, United States Code, is amended--
(1) by striking ``1994.'' in subsection (b) and inserting
``1994, or for calculators, computers, personal and academic
supplies, midshipman services such as barber, tailor, or
laundry services, and U.S. Coast Guard license fees.''; and
(2) by adding at the end thereof the following:
``(c) Use and Accounting.--
``(1) Use.--Midshipman fees collected by the Academy shall
be credited to the Maritime Administration's Operations and
Training appropriations, to remain available until expended,
for those expenses directly related to the purposes of the
fees. Fees collected in excess of actual expenses may be
returned to the midshipmen through a mechanism approved by the
Maritime Administrator.
``(3) Accounting.--The Maritime Administration shall
maintain a separate and detailed accounting of fee revenue and
all associated expenses.''.
SEC. 6007. CONSTRUCTION OF VESSELS IN THE UNITED STATES POLICY.
Section 50101(a)(4) of title 46, United States Code, is amended by
inserting ``constructed in the United States after ``vessels''.
SEC. 6008. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.
Section 50302 of title 46, United States Code, is amended by adding
at the end thereof the following:
``(c) Port Infrastructure Development Program.--
``(1) Establishment of program.--The Secretary of
Transportation, through the Maritime Administration, shall
establish a port infrastructure development program for the
improvement of port facilities.
``(2) Authority of the administrator.--In order to carry
out any program established under paragraph (1), the Maritime
Administrator may--
``(A) receive funds provided for the program from
non-Federal and private entities that have a specific
agreement or contract with the Maritime Administration
to further the purposes of this subsection;
``(B) coordinate with other Federal agencies to
expedite the process established under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for the improvement of port facilities to relieve
port congestion, to increase port security, or to
provide greater access to port facilities;
``(C) seek to coordinate all reviews or
requirements with appropriate local, State, and Federal
agencies; and
``(D) provide such technical assistance to port
authorities or commissions or their subdivisions and
agents as needed for project planning, design, and
construction.
``(3) Port infrastructure development fund.--
``(A) Establishment.--There is a Port
Infrastructure Development Fund for use by the
Administrator in carrying out the port infrastructure
development program. The Fund shall be available to the
Administrator
``(i) to administer and carry out the
program;
``(ii) to receive non-Federal and private
funds from entities which have specific
agreements or contracts with the Administrator;
and
``(iii) to make refunds for projects that
will not be completed.
``(B) Credits.--There shall be deposited into the
Fund
``(i) funds from non-Federal and private
entities which have agreements or contracts
with the Administrator and which shall remain
in the Fund until expended; and
``(ii) such amounts as may be appropriated
or transferred to the Fund under this
subsection.
``(C) Transfers.--Amounts appropriated or otherwise
made available for any fiscal year for an intermodal or
marine facility comprising a component of the program
shall be transferred to the Fund and administered by
the Administrator.
``(D) Administrative expenses.--Administrative and
related expenses for the program for any fiscal year
may not exceed 3 percent of the amount available to the
program for that fiscal year.
``(E) Authorization of appropriations.--There are
authorized to be appropriated to the Fund such sums as
may be necessary to carry out the program, taking into
account amounts received under subparagraph
(A)(ii)..''.
SEC. 6009. REEFS FOR MARINE LIFE CONSERVATION PROGRAM.
(a) In General.--Section 3 of Public Law 92-09402 (16 U.S.C. 1220)
is amended by adding at the end thereof the following:
``(d) Any territory, possession, or Commonwealth of the United
States, and any foreign country, may apply to the Secretary for an
obsolete vessel to be used for an artificial reef under this section.
The application process and reefing of any such obsolete vessel shall
be performed in a manner consistent with the process jointly developed
by the Secretary of Transportation and the Administrator of the
Environmental Protection Agency under section 3504(b) of Public Law
107-09314 (16 U.S.C. 1220 note).''.
(b) Limitation.--Section 7 of Public Law 92-09402 (16 U.S.C. 1220c-
091) is amended by adding at the end thereof the following:
``(d) Limitation.--The Secretary may not provide assistance under
this section to a foreign country to which an obsolete ship is
transferred under this Act.''.
SEC. 6010. STUDENT INCENTIVE PAYMENT AGREEMENTS.
Section 51509(b) of title 46, United States Code, is amended by
striking ``paid before the start of each academic year,'' and inserting
``paid,''
SEC. 6011. UNITED STATES MERCHANT MARINE ACADEMY GRADUATE PROGRAM
RECEIPT, DISBURSEMENT, AND ACCOUNTING FOR NON-
APPROPRIATED FUNDS.
Section 51309(b) of title 46, United States Code, is amended by
inserting after ``body.'' the following: ``Non-appropriated funds
received for this purpose shall be credited to the Maritime
Administration's Operations and Training appropriation, to remain
available until expended, for those expenses directly related to the
purpose of such receipts. The Superintendent shall maintain a separate
and detailed accounting of non-appropriated fund receipts and all
associated expenses.''.
SEC. 6012. AMERICA'S SHORT SEA TRANSPORTATION GRANTS FOR THE
DEVELOPMENT OF MARINE HIGHWAYS.
(a) In General.--Chapter 556 of title 46, United States Code, is
amended by redesignating sections 55602 through 55605 as sections 55603
through 55606 and by inserting after section 55601 the following:
``Sec. 55602. Short sea transportation grant program''.
``(a) In General.--The Secretary of Transportation shall establish
and implement a short sea transportation grant program.
``(b) Purpose.--The purposes of the program are to make grants to
States and other public entities and sponsors of short sea
transportation projects designated by the Secretary--
``(1) to facilitate and support marine transportation
initiatives at the State and local levels to facilitate
commerce, mitigate landside congestion, reduce the
transportation energy consumption, reduce harmful emissions,
improve safety, assist in environmental mitigation efforts, and
improve transportation system resiliency; and
``(2) to provide capital funding to address short sea
transportation infrastructure and freight transportation needs
for ports, vessels, and intermodal cargo facilities.
``(c) Eligible Projects.--To be eligible for a grant under the
program, a project--
``(1) shall be designed to help relieve congestion, improve
transportation safety, facilitate domestic and international
trade, or encourage public-private partnerships; and
``(2) may include development, modification, and
construction of marine and intermodal cargo facilities,
vessels, port infrastructure and cargo handling equipment, and
transfer facilities at ports.
``(d) Selection Process.--
``(1) Applications.--A State or other public entity, or the
sponsor of any short sea transportation project designated by
the Secretary under the America's Marine Highway Program (MARAD
Docket No. 2008-090096; 73 FR 59530), may submit an application
to Secretary for a grant under the short sea transportation
grant program. The application shall contain such information
and assurances as the Secretary may require.
``(2) Priority.--In selecting projects for grants, the
Secretary shall give priority to projects that are consistent
with the objectives of the short sea transportation initiative
and America's Marine Highway Program that will--
``(A) mitigate landside congestion;
``(B) provide the greatest public benefit in energy
savings, reduced emissions, improved system resiliency,
and improved safety;
``(C) include and demonstrate the greatest
environmental responsibility; and
``(D) provide savings as an alternative to or means
to avoid highway or rail transportation infrastructure
construction and maintenance.
``(e) Use of Grant Funds.--Funds made available to a recipient of a
grant under this section shall be used by the recipient for the project
described in the application of the recipient approved by the
Secretary.''.
(b) Clerical Amendment.--The table of contents for chapter 556 of
title 46, United States Code, is amended--
(1) by redesignating the items relating to sections 55602
through 55605 as relating to section 55603 through 55606; and
(2) by inserting after the item relating to section 55601
the following:
``55602. Short sea transportation grant program.''.
SEC. 6013. EXPANSION OF THE MARINE VIEW SYSTEM.
(a) Definitions.--In this section:
(1) Marine transportation system.--The term ``marine
transportation system'' means the navigable water
transportation system of the United States, including the
vessels, ports (and intermodal connections thereto), and
shipyards and other vessel repair facilities that are
components of that system.
(2) Marine view system.--The term ``Marine View system''
means the information system of the Maritime Administration
known as Marine View.
(b) Findings.--Congress finds the following:
(1) Information regarding the marine transportation system
is comprised of information from the Government of the United
States and from commercial sources.
(2) Marine transportation system information includes
information regarding waterways, bridges, locks, dams, and all
intermodal components that are dependent on maritime
transportation and accurate information regarding marine
transportation is critical to the health of the United States
economy.
(3) Numerous challenges face the marine transportation
system, including projected growth in cargo volumes,
international competition, complexity, cooperation, and the
need for improved efficiency.
(4) There are deficiencies in the current information
environment of the marine transportation system, including the
inability to model the entire marine transportation system to
address capacity planning, disaster planning, and disaster
recovery.
(5) The current information environment of the marine
transportation system contains multiple unique systems that are
duplicative, not integrated, not able to be shared, not secure,
or that have little structured privacy protections, not
protected from loss or destruction, and will not be available
when needed.
(6) There is a lack of system-wide information views in the
marine transportation system.
(7) The Administrator of the Maritime Administration is
uniquely positioned to develop and execute the role of marine
transportation system information advocate, to serve as the
focal point for marine transportation system information
management, and to provide a robust information infrastructure
to identify, collect, secure, protect, store, and deliver
critical information regarding the marine transportation
system.
(c) Purposes.--The purposes of this section are--
(1) to expand the Marine View system; and
(2) to provide support for the strategic requirements of
the marine transportation system and its contribution to the
economic viability of the United States.
(d) Expansion of Marine View System.--To accomplish the purposes of
this section, the Secretary of Transportation shall expand the Marine
View system so that such system is able to identify, collect,
integrate, secure, protect, store, and securely distribute throughout
the marine transportation system information that--
(1) provides access to many disparate marine transportation
system data sources;
(2) enables a system-wide view of the marine transportation
system;
(3) fosters partnerships between the Government of the
United States and private entities;
(4) facilitates accurate and efficient modeling of the
entire marine transportation system environment;
(5) monitors and tracks threats to the marine
transportation system, including areas of severe weather or
reported piracy; and
(6) provides vessel tracking and rerouting, as appropriate,
to ensure that the economic viability of the United States
waterways is maintained.
(e) Agreements and Contracts.--The Administrator of the Maritime
Administration may enter into cooperative agreements, partnerships,
contracts, or other agreements with industry or other Federal agencies
to carry out this section.
SEC. 6014. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2010.
(a) In General.--There are authorized to be appropriated to the
Secretary of Transportation, for the use of the Maritime
Administration, for fiscal year 2010 the following amounts:
(1) For expenses necessary for operations and training
activities, $122,900,000, of which--
(2) For expenses to maintain and preserve a United States-
flag merchant fleet to serve the national security needs of the
United States under chapter 531 of title 46, United States
Code, $174,000,000.
(3) For paying reimbursement under section 3517 of the
Maritime Security Act of 2003 (46 U.S.C. 53101 note).
(4) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, including provision of
assistance under section 7 of Public Law 92-09402, $15,000,000.
(5) 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, $48,000,000.
(6) For administrative expenses related to the
implementation of the loan guarantee program under chapter 537
of title 46, United States Code, administrative expenses
related to implementation of the reimbursement program under
section 3517 of the Maritime Security Act of 2003 (46 U.S.C.
53101 note), and administrative expenses related to the
implementation of the small shipyards and maritime communities
assistance program under section 54101 of title 46, United
States Code, $4,000,000.
(b) Availability.--Amounts appropriated pursuant to subsection (a)
shall remain available, as provided in appropriations Acts, until
expended.
Passed the Senate July 23, 2009.
Attest:
Secretary.
111th CONGRESS
1st Session
S. 1390
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2010 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
_______________________________________________________________________
July 24, 2009
Ordered to be printed as passed