[111th Congress Public Law 84]
[From the U.S. Government Printing Office]



[[Page 2189]]

         NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

[[Page 123 STAT. 2190]]

Public Law 111-84
111th Congress

                                 An Act


 
To authorize appropriations for fiscal year 2010 for military activities 
                                 of the 
   Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes. <<NOTE: Oct. 28, 
                         2009 -  [H.R. 2647]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: National Defense 
Authorization Act for Fiscal Year 2010.>> 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 five divisions as 
follows:
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
            (3) Division C--Department of Energy National Security 
        Authorizations and Other Authorizations.
            (4) Division D--Funding tables.
            (5) Division E--Matthew Shepard and James Byrd, Jr. Hate 
        Crimes Prevention Act

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

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 107. Relation to funding table.

                        Subtitle B--Army Programs

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

                        Subtitle C--Navy Programs

Sec. 121. Littoral Combat Ship program.
Sec. 122. Treatment of Littoral Combat Ship program as a major defense 
           acquisition program.
Sec. 123. Report on strategic plan for homeporting the Littoral Combat 
           Ship.

[[Page 123 STAT. 2191]]

Sec. 124. Advance procurement funding.
Sec. 125. Procurement programs for future naval surface combatants.
Sec. 126. Ford-class aircraft carrier report.
Sec. 127. Report on a service life extension program for Oliver Hazard 
           Perry class frigates.
Sec. 128. Conditional multiyear procurement authority for F/A-18E, F/A-
           18F, or EA-18G aircraft.

                     Subtitle D--Air Force Programs

Sec. 131. Report on the procurement of 4.5 generation fighter aircraft.
Sec. 132. Revised availability of certain funds available for the F-22A 
           fighter aircraft.
Sec. 133. Preservation and storage of unique tooling for F-22 fighter 
           aircraft.
Sec. 134. AC-130 gunships.
Sec. 135. Report on E-8C Joint Surveillance and Target Attack Radar 
           System re-engining.
Sec. 136. Repeal of requirement to maintain certain retired C-130E 
           aircraft.
Sec. 137. Limitation on retirement of C-5 aircraft.
Sec. 138. Reports on strategic airlift aircraft.
Sec. 139. Strategic airlift force structure.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor procurement.
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.
Sec. 143. Modification of nature of data link for use by tactical 
           unmanned aerial vehicles.

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

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Relation to funding table.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Extension and enhancement of Global Research Watch Program.
Sec. 212. Permanent authority for the Joint Defense Manufacturing 
           Technology Panel.
Sec. 213. Elimination of report requirements regarding Defense Science 
           and Technology Program.
Sec. 214. Authorization for the Secretary of the Navy to purchase 
           infrastructure and Government purpose rights license 
           associated with the Navy-Marine Corps intranet.
Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission 
           Submersible program.
Sec. 216. Separate program elements required for research and 
           development of individual body armor and associated 
           components.
Sec. 217. Separate procurement and research, development, test, and 
           evaluation line items and program elements for the F-35B and 
           F-35C joint strike fighter aircraft.
Sec. 218. Restriction on obligation of funds for Army tactical ground 
           network program pending receipt of report.
Sec. 219. Programs for ground combat vehicle and self-propelled howitzer 
           capabilities for the Army.
Sec. 220. Guidance on budget justification materials describing funding 
           requested for operation, sustainment, modernization, and 
           personnel of major ranges and test facilities.
Sec. 221. Assessment of technological maturity and integration risk of 
           Army modernization programs.
Sec. 222. Assessment of activities for technology modernization of the 
           combat vehicle and armored tactical wheeled vehicle fleets.

                  Subtitle C--Missile Defense Programs

Sec. 231. Sense of Congress on ballistic missile defense.
Sec. 232. Assessment and plan for the Ground-based Midcourse Defense 
           element of the Ballistic Missile Defense System.
Sec. 233. Continued production of Ground-based Interceptor missile and 
           operation of Missile Field 1 at Fort Greely, Alaska.
Sec. 234. Limitation on availability of funds for acquisition or 
           deployment of missile defenses in Europe.
Sec. 235. Authorization of funds for development and deployment of 
           alternative missile defense systems in Europe.

[[Page 123 STAT. 2192]]

Sec. 236. Comprehensive plan for test and evaluation of the ballistic 
           missile defense system.
Sec. 237. Study on discrimination capabilities of ballistic missile 
           defense system.
Sec. 238. Ascent phase missile defense strategy and plan.
Sec. 239. Extension of deadline for study on boost-phase missile 
           defense.

                           Subtitle D--Reports

Sec. 241. Repeal of requirement for biennial joint warfighting science 
           and technology plan.
Sec. 242. Modification of reporting requirement for defense 
           nanotechnology research and development program.
Sec. 243. Comptroller General assessment of coordination of energy 
           storage device requirements, purchases, and investments.
Sec. 244. Annual Comptroller General report on the F-35 Lightning II 
           aircraft acquisition program.
Sec. 245. Report on integration of Department of Defense intelligence, 
           surveillance, and reconnaissance capabilities.
Sec. 246. Report on future research and development of man-portable and 
           vehicle-mounted guided missile systems.
Sec. 247. Report on the development of command and control systems.
Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems.

                        Subtitle E--Other Matters

Sec. 251. Enhancement of duties of Director of Department of Defense 
           Test Resource Management Center with respect to the Major 
           Range and Test Facility Base.
Sec. 252. Establishment of program to enhance participation of 
           historically black colleges and universities and minority-
           serving institutions in defense research programs.
Sec. 253. Extension of authority to award prizes for advanced technology 
           achievements.
Sec. 254. Authority for National Aeronautics and Space Administration 
           federally funded research and development centers to 
           participate in merit-based technology research and 
           development programs.
Sec. 255. Next generation bomber aircraft.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Relation to funding table.

                  Subtitle B--Environmental Provisions

Sec. 311. Clarification of requirement for use of available funds for 
           Department of Defense participation in conservation banking 
           programs.
Sec. 312. Reauthorization of title I of Sikes Act.
Sec. 313. Authority of Secretary of a military department to enter into 
           interagency agreements for land management on Department of 
           Defense installations.
Sec. 314. Reauthorization of pilot program for invasive species 
           management for military installations in Guam.
Sec. 315. Reimbursement of Environmental Protection Agency for certain 
           costs in connection with the Former Nansemond Ordnance Depot 
           Site, Suffolk, Virginia.
Sec. 316. Procurement and use of munitions.
Sec. 317. Prohibition on disposing of waste in open-air burn pits.
Sec. 318. Military munitions response sites.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Public-private competition required before conversion of any 
           Department of Defense function performed by civilian 
           employees to contractor performance.
Sec. 322. Time limitation on duration of public-private competitions.
Sec. 323. Policy regarding installation of major modifications and 
           upgrades.
Sec. 324. Modification of authority for Army industrial facilities to 
           engage in cooperative activities with non-Army entities.
Sec. 325. Temporary suspension of public-private competitions for 
           conversion of Department of Defense functions to performance 
           by a contractor.
Sec. 326. Requirement for debriefings related to conversion of functions 
           from performance by Federal employees to performance by a 
           contractor.
Sec. 327. Amendments to bid protest procedures by Federal employees and 
           agency officials in conversions of functions from performance 
           by Federal employees to performance by a contractor.

[[Page 123 STAT. 2193]]

Sec. 328. Improvement of inventory management practices.
Sec. 329. Modification of date for submittal to Congress of annual 
           report on funding for public and private performance of 
           depot-level maintenance and repair workloads.

                       Subtitle D--Energy Security

Sec. 331. Authorization of appropriations for Director of Operational 
           Energy.
Sec. 332. Extension and expansion of reporting requirements regarding 
           Department of Defense energy efficiency programs.
Sec. 333. Report on implementation of Comptroller General 
           recommendations on fuel demand management at forward-deployed 
           locations.
Sec. 334. Report on use of renewable fuels to meet energy requirements 
           of Department of Defense.
Sec. 335. Energy security on Department of Defense installations.

                           Subtitle E--Reports

Sec. 341. Annual report on procurement of military working dogs.
Sec. 342. Plan for managing vegetative encroachment at training ranges.
Sec. 343. Comptroller General report on the sustainment strategy for the 
           AV-8B Harrier aircraft.
Sec. 344. Study on Army modularity.

                        Subtitle F--Other Matters

Sec. 351. Authority for airlift transportation at Department of Defense 
           rates for non-Department of Defense Federal cargoes.
Sec. 352. Policy on ground combat and camouflage utility uniforms.
Sec. 353. Condition-based maintenance demonstration programs.
Sec. 354. Extension of arsenal support program initiative.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2010 limitation on number of non-dual status 
           technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active 
           duty for operational support.
Sec. 416. Submittal of options for creation of Trainees, Transients, 
           Holdees, and Students account for the Army National Guard.
Sec. 417. Report on requirements of the National Guard for non-dual 
           status technicians.
Sec. 418. Expansion of authority of Secretaries of the military 
           departments to increase certain end strengths to include 
           Selected Reserve end strengths.

               Subtitle C--Authorization of Appropriations

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

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of 
           Staff.
Sec. 502. Modification of limitations on general and flag officers on 
           active duty.
Sec. 503. Revisions to annual reporting requirement on joint officer 
           management.
Sec. 504. Extension of temporary increase in maximum number of days 
           leave members may accumulate and carryover.
Sec. 505. Computation of retirement eligibility for enlisted members of 
           the Navy who complete the Seaman to Admiral (STA-21) officer 
           candidate program.
Sec. 506. Independent review of judge advocate requirements of the 
           Department of the Navy.

                 Subtitle B--General Service Authorities

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

[[Page 123 STAT. 2194]]

Sec. 512. Medical examination required before administrative separation 
           of members diagnosed with or reasonably asserting post-
           traumatic stress disorder or traumatic brain injury.
Sec. 513. Legal assistance for additional reserve component members.
Sec. 514. Limitation on scheduling of mobilization or pre-mobilization 
           training for Reserve units when certain suspension of 
           training is likely.
Sec. 515. Evaluation of test of utility of test preparation guides and 
           education programs in improving qualifications of recruits 
           for the Armed Forces.
Sec. 516. Report on presence in the Armed Forces of members associated 
           or affiliated with groups engaged in prohibited activities.

                   Subtitle C--Education and Training

Sec. 521. Detail of commissioned officers as students at schools of 
           psychology.
Sec. 522. Appointment of persons enrolled in Advanced Course of the Army 
           Reserve Officers' Training Corps at military junior colleges 
           as cadets in Army Reserve or Army National Guard of the 
           United States.
Sec. 523. Expansion of criteria for appointment as member of the Board 
           of Regents of the Uniformed Services University of the Health 
           Sciences.
Sec. 524. Use of Armed Forces Health Professions Scholarship and 
           Financial Assistance program to increase number of health 
           professionals with skills to assist in providing mental 
           health care.
Sec. 525. Department of Defense undergraduate nurse training program.
Sec. 526. Increase in number of private sector civilians authorized for 
           admission to National Defense University.
Sec. 527. Appointments to military service academies from nominations 
           made by Delegate from the Commonwealth of the Northern 
           Mariana Islands.
Sec. 528. Athletic association for the Air Force Academy.
Sec. 529. Language training centers for members of the Armed Forces and 
           civilian employees of the Department of Defense.

                Subtitle D--Defense Dependents' Education

Sec. 531. Continuation of authority to assist local educational agencies 
           that benefit dependents of members of the Armed Forces and 
           Department of Defense civilian employees.
Sec. 532. Impact aid for children with severe disabilities.
Sec. 533. Two-year extension of authority for assistance to local 
           educational agencies with enrollment changes due to base 
           closures, force structure changes, or force relocations.
Sec. 534. Authority to extend eligibility for enrollment in Department 
           of Defense elementary and secondary schools to certain 
           additional categories of dependents.
Sec. 535. Permanent authority for enrollment in defense dependents' 
           education system of dependents of foreign military members 
           assigned to Supreme Headquarters Allied Powers, Europe.
Sec. 536. Determination of number of weighted student units for local 
           educational agencies for receipt of basic support payments 
           under impact aid.
Sec. 537. Study on options for educational opportunities for dependent 
           children of members of the Armed Forces when public schools 
           attended by such children are determined to need improvement.
Sec. 538. Comptroller General audit of assistance to local educational 
           agencies for dependent children of members of the Armed 
           Forces.
Sec. 539. Sense of Congress on the Interstate Compact on Educational 
           Opportunity for Military Children.

                 Subtitle E--Missing or Deceased Persons

Sec. 541. Additional requirements for accounting for members of the 
           Armed Forces and Department of Defense civilian employees 
           listed as missing in conflicts occurring before enactment of 
           new system for accounting for missing persons.
Sec. 542. Policy and procedures on media access and attendance by family 
           members at ceremonies for the dignified transfer of remains 
           of members of the Armed Forces who die overseas.
Sec. 543. Report on expansion of authority of a member to designate 
           persons to direct disposition of the remains of a deceased 
           member.
Sec. 544. Sense of Congress on the recovery of the remains of members of 
           the Armed Forces who were killed during World War II in the 
           battle of Tarawa Atoll.

                   Subtitle F--Decorations and Awards

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

[[Page 123 STAT. 2195]]

Sec. 552. Authorization and request for award of Distinguished-Service 
           Cross to Jack T. Stewart for acts of valor during the Vietnam 
           War.
Sec. 553. Authorization and request for award of Distinguished-Service 
           Cross to William T. Miles, Jr., for acts of valor during the 
           Korean War.

              Subtitle G--Military Family Readiness Matters

Sec. 561. Establishment of online resources to provide information about 
           benefits and services available to members of the Armed 
           Forces and their families.
Sec. 562. Additional members on Department of Defense Military Family 
           Readiness Council.
Sec. 563. Support for military families with special needs.
Sec. 564. Pilot program to secure internships for military spouses with 
           Federal agencies.
Sec. 565. Family and medical leave for family of servicemembers.
Sec. 566. Deadline for report on sexual assault in the Armed Forces by 
           Defense Task Force on Sexual Assault in the Military 
           Services.
Sec. 567. Improved prevention and response to allegations of sexual 
           assault involving members of the Armed Forces.
Sec. 568. Comptroller General report on progress made in implementing 
           recommendations to reduce domestic violence in military 
           families.
Sec. 569. Report on impact of domestic violence on military families.
Sec. 570. Report on international intrafamilial abduction of children of 
           members of the Armed Forces.
Sec. 571. Assessment of impact of deployment of members of the Armed 
           Forces on their dependent children.
Sec. 572. Report on child custody litigation involving service of 
           members of the Armed Forces.
Sec. 573. Comptroller General report on child care assistance for 
           members of the Armed Forces.

                       Subtitle H--Military Voting

Sec. 575. Short title.
Sec. 576. Clarification regarding delegation of State responsibilities 
           to local jurisdictions.
Sec. 577. Establishment of procedures for absent uniformed services 
           voters and overseas voters to request and for States to send 
           voter registration applications and absentee ballot 
           applications by mail and electronically.
Sec. 578. Establishment of procedures for States to transmit blank 
           absentee ballots by mail and electronically to absent 
           uniformed services voters and overseas voters.
Sec. 579. Ensuring absent uniformed services voters and overseas voters 
           have time to vote.
Sec. 580. Procedures for collection and delivery of marked absentee 
           ballots of absent overseas uniformed services voters.
Sec. 581. Federal write-in absentee ballot.
Sec. 582. Prohibiting refusal to accept voter registration and absentee 
           ballot applications, marked absentee ballots, and Federal 
           write-in absentee ballots for failure to meet certain 
           requirements.
Sec. 583. Federal Voting Assistance Program Improvements.
Sec. 584. Development of standards for reporting and storing certain 
           data.
Sec. 585. Repeal of provisions relating to use of single application for 
           all subsequent elections.
Sec. 586. Reporting requirements.
Sec. 587. Annual report on enforcement.
Sec. 588. Requirements payments.
Sec. 589. Technology pilot program.

                        Subtitle I--Other Matters

Sec. 591. Clarification of performance policies for military musical 
           units and musicians.
Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps.
Sec. 593. Modification of matching fund requirements under National 
           Guard Youth Challenge Program.
Sec. 594. Expansion of Military Leadership Diversity Commission to 
           include reserve component representatives.
Sec. 595. Expansion of suicide prevention and community healing and 
           response training under the Yellow Ribbon Reintegration 
           Program.
Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of 
           substance use disorders and disposition of substance abuse 
           offenders in the Armed Forces.

[[Page 123 STAT. 2196]]

Sec. 597. Reports on Yellow Ribbon Reintegration Program and other 
           reintegration programs.
Sec. 598. Reports on progress in completion of certain incident 
           information management tools.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2010 increase in military basic pay.
Sec. 602. Increase in maximum monthly amount of supplemental subsistence 
           allowance for low-income members with dependents.
Sec. 603. Special compensation for members of the uniformed services 
           with catastrophic injuries or illnesses requiring assistance 
           in everyday living.
Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence 
           program for certain periods before implementation of program.
Sec. 605. Report on housing standards and housing surveys used to 
           determine basic allowance for housing.
Sec. 606. Comptroller General comparative assessment of military and 
           private-sector pay and benefits.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
           authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
           authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
           nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37 
           consolidated special pay, incentive pay, and bonus 
           authorities.
Sec. 615. One-year extension of authorities relating to payment of other 
           title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of 
           referral bonuses.
Sec. 617. Technical corrections and conforming amendments to reconcile 
           conflicting amendments regarding continued payment of bonuses 
           and similar benefits for certain members.
Sec. 618. Proration of certain special and incentive pays to reflect 
           time during which a member satisfies eligibility requirements 
           for the special or incentive pay.
Sec. 619. Additional assignment pay or special duty pay authorized for 
           members agreeing to serve in Afghanistan for extended 
           periods.
Sec. 620. Temporary authority for monthly special pay for members of the 
           Armed Forces subject to continuing active duty or service 
           under stop-loss authorities.
Sec. 621. Army authority to provide additional recruitment incentives.
Sec. 622. Report on recruitment and retention of members of the Air 
           Force in nuclear career fields.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Travel and transportation for survivors of deceased members of 
           the uniformed services to attend memorial ceremonies.
Sec. 632. Travel and transportation allowances for designated 
           individuals of wounded, ill, or injured members of the 
           uniformed services for duration of inpatient treatment.
Sec. 633. Authorized travel and transportation allowances for non-
           medical attendants for very seriously and seriously wounded, 
           ill, or injured members.
Sec. 634. Reimbursement of travel expenses of members of the Armed 
           Forces on active duty and their dependents for travel for 
           specialty care under exceptional circumstances.
Sec. 635. Report on adequacy of weight allowances for transportation of 
           baggage and household effects for members of the uniformed 
           services.

       Subtitle D--Disability, Retired Pay, and Survivor Benefits

Sec. 641. Transition assistance for reserve component members injured 
           while on active duty.
Sec. 642. Recomputation of retired pay and adjustment of retired grade 
           of Reserve retirees to reflect service after retirement.
Sec. 643. Election to receive retired pay for non-regular service upon 
           retirement for service in an active reserve status performed 
           after attaining eligibility for regular retirement.
Sec. 644. Report on re-determination process for permanently 
           incapacitated dependents of retired and deceased members of 
           the Armed Forces.

[[Page 123 STAT. 2197]]

Sec. 645. Treatment as active service for retired pay purposes of 
           service as member of Alaska Territorial Guard during World 
           War II.

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

Sec. 651. Limitation on Department of Defense entities offering personal 
           information services to members and their dependents.
Sec. 652. Report on impact of purchasing from local distributors all 
           alcoholic beverages for resale on military installations on 
           Guam.

                        Subtitle F--Other Matters

Sec. 661. Limitations on collection of overpayments of pay and 
           allowances erroneously paid to members.
Sec. 662. Sense of Congress on airfares for members of the Armed Forces.
Sec. 663. Sense of Congress on establishment of flexible spending 
           arrangements for the uniformed services.
Sec. 664. Sense of Congress regarding support for compensation, 
           retirement, and other military personnel programs.

                    TITLE VII--HEALTH CARE PROVISIONS

               Subtitle A--Improvements to Health Benefits

Sec. 701. Prohibition on conversion of military medical and dental 
           positions to civilian medical and dental positions.
Sec. 702. Health care for members of the reserve components.
Sec. 703. Enhancement of transitional dental care for members of the 
           reserve components on active duty for more than 30 days in 
           support of a contingency operation.
Sec. 704. Expansion of survivor eligibility under TRICARE dental 
           program.
Sec. 705. TRICARE Standard coverage for certain members of the Retired 
           Reserve who are qualified for a non-regular retirement but 
           are not yet age 60.
Sec. 706. Constructive eligibility for TRICARE benefits of certain 
           persons otherwise ineligible under retroactive determination 
           of entitlement to Medicare part A hospital insurance 
           benefits.
Sec. 707. Notification of certain individuals regarding options for 
           enrollment under Medicare part B.
Sec. 708. Mental health assessments for members of the Armed Forces 
           deployed in connection with a contingency operation.
Sec. 709. Temporary TRICARE inpatient fee modification.

                 Subtitle B--Health Care Administration

Sec. 711. Comprehensive policy on pain management by the military health 
           care system.
Sec. 712. Administration and prescription of psychotropic medications 
           for members of the Armed Forces before and during deployment.
Sec. 713. Cooperative health care agreements between military 
           installations and non-military health care systems.
Sec. 714. Plan to increase the mental health capabilities of the 
           Department of Defense.
Sec. 715. Department of Defense study on management of medications for 
           physically and psychologically wounded members of the Armed 
           Forces.
Sec. 716. Limitation on obligation of funds under defense health program 
           information technology programs.

                        Subtitle C--Other Matters

Sec. 721. Study and plan to improve military health care.
Sec. 722. Study, plan, and pilot for the mental health care needs of 
           dependent children of members of the Armed Forces.
Sec. 723. Clinical trial on cognitive rehabilitative therapy for members 
           and former members of the Armed Forces.
Sec. 724. Department of Defense Task Force on the Care, Management, and 
           Transition of Recovering Wounded, Ill, and Injured Members of 
           the Armed Forces.
Sec. 725. Chiropractic clinical trials.
Sec. 726. Independent study on post-traumatic stress disorder efforts.
Sec. 727. Report on implementation of requirements on the relationship 
           between the TRICARE program and employer-sponsored group 
           health plans.
Sec. 728. Report on stipends for members of reserve components for 
           health care for certain dependents.

[[Page 123 STAT. 2198]]

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

              Subtitle A--Acquisition Policy and Management

Sec. 801. Temporary authority to acquire products and services produced 
           in countries along a major route of supply to Afghanistan; 
           report.
Sec. 802. Assessment of improvements in service contracting.
Sec. 803. Display of annual budget requirements for procurement of 
           contract services and related clarifying technical 
           amendments.
Sec. 804. Implementation of new acquisition process for information 
           technology systems.
Sec. 805. Life-cycle management and product support.
Sec. 806. Treatment of non-defense agency procurements under joint 
           programs with intelligence community.
Sec. 807. Policy and requirements to ensure the safety of facilities, 
           infrastructure, and equipment for military operations.

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

Sec. 811. Justification and approval of sole-source contracts.
Sec. 812. Revision of Defense Supplement relating to payment of costs 
           prior to definitization.
Sec. 813. Revisions to definitions relating to contracts in Iraq and 
           Afghanistan.
Sec. 814. Amendment to notification requirements for awards of single 
           source task or delivery orders.
Sec. 815. Clarification of uniform suspension and debarment requirement.
Sec. 816. Extension of authority for use of simplified acquisition 
           procedures for certain commercial items.
Sec. 817. Reporting requirements for programs that qualify as both major 
           automated information system programs and major defense 
           acquisition programs.
Sec. 818. Small arms production industrial base matters.
Sec. 819. Contract authority for advanced component development or 
           prototype units.
Sec. 820. Publication of notification of bundling of contracts of the 
           Department of Defense.

                     Subtitle C--Contractor Matters

Sec. 821. Authority for Government support contractors to have access to 
           technical data belonging to prime contractors.
Sec. 822. Extension and enhancement of authorities on the Commission on 
           Wartime Contracting in Iraq and Afghanistan.
Sec. 823. Authority for Secretary of Defense to reduce or deny award 
           fees to companies found to jeopardize health or safety of 
           Government personnel.

                Subtitle D--Acquisition Workforce Matters

Sec. 831. Enhancement of expedited hiring authority for defense 
           acquisition workforce positions.
Sec. 832. Funding of Department of Defense Acquisition Workforce 
           Development Fund.
Sec. 833. Review of post-employment restrictions applicable to the 
           Department of Defense.
Sec. 834. Review of Federal acquisition workforce training and hiring.

                        Subtitle E--Other Matters

Sec. 841. Reports to Congress on full deployment decisions for major 
           automated information system programs.
Sec. 842. Authorization to take actions to correct the industrial 
           resource shortfall for high-purity beryllium metal.
Sec. 843. Report on rare earth materials in the defense supply chain.
Sec. 844. Comptroller General report on structure and management of 
           subcontractors under contracts for major weapon systems.
Sec. 845. Study of the use of factors other than cost or price as the 
           predominate factors in evaluating competitive proposals for 
           defense procurement contracts.
Sec. 846. Repeal of requirements relating to the military system 
           essential item breakout list.
Sec. 847. Extension of SBIR and STTR programs of the Department of 
           Defense.
Sec. 848. Extension of authority for small business innovation research 
           Commercialization Pilot Program.

[[Page 123 STAT. 2199]]

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Authority to allow private sector civilians to receive 
           instruction at Defense Cyber Investigations Training Academy 
           of the Defense Cyber Crime Center.
Sec. 902. Organizational structure of the Office of the Assistant 
           Secretary of Defense for Health Affairs and the TRICARE 
           Management Activity.
Sec. 903. Sense of Congress regarding the Director of Operational Energy 
           Plans and Programs.
Sec. 904. Increased flexibility for combatant commander initiative fund.
Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense 
           for Technology Security Policy within the Office of the Under 
           Secretary of Defense for Policy.
Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries 
           of Defense.

                      Subtitle B--Space Activities

Sec. 911. Submission and review of space science and technology 
           strategy.
Sec. 912. Provision of space situational awareness services and 
           information to non-United States Government entities.
Sec. 913. Management and funding strategy and implementation plan for 
           the National Polar-Orbiting Operational Environmental 
           Satellite System Program.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Inclusion of Defense Intelligence Agency in authority to use 
           proceeds from counterintelligence operations.
Sec. 922. Plan to address foreign ballistic missile intelligence 
           analysis.

                        Subtitle D--Other Matters

Sec. 931. Implementation strategy for developing leap-ahead cyber 
           operations capabilities.
Sec. 932. Defense integrated military human resources system development 
           and transition.
Sec. 933. Report on special operations command organization, manning, 
           and management.
Sec. 934. Study on the recruitment, retention, and career progression of 
           uniformed and civilian military cyber operations personnel.
Sec. 935. Plan on access to national airspace for unmanned aircraft 
           systems.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Relationship of the quadrennial defense review and the annual 
           budget request.
Sec. 1003. Audit readiness of financial statements of the Department of 
           Defense.

                   Subtitle B--Counter-Drug Activities

Sec. 1011. Unified counter-drug and counterterrorism campaign in 
           Colombia.
Sec. 1012. Joint task forces support to law enforcement agencies 
           conducting counter-terrorism activities.
Sec. 1013. Reporting requirement on expenditures to support foreign 
           counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign 
           governments.
Sec. 1015. Border coordination centers in Afghanistan and Pakistan.
Sec. 1016. Comptroller General report on effectiveness of accountability 
           measures for assistance from counter-narcotics central 
           transfer account.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy.
Sec. 1022. Designation of U.S.S. Constitution as America's Ship of 
           State.
Sec. 1023. Temporary reduction in minimum number of operational aircraft 
           carriers.
Sec. 1024. Sense of Congress concerning the disposition of Submarine NR-
           1.

  Subtitle D--Miscellaneous Requirements, Authorities, and Limitations

Sec. 1031. Prohibition relating to propaganda.
Sec. 1032. Responsibility for preparation of biennial global positioning 
           system report.

[[Page 123 STAT. 2200]]

Sec. 1033. Reports on bandwidth requirements for major defense 
           acquisition programs and major system acquisition programs.
Sec. 1034. Additional duties for advisory panel on Department of Defense 
           capabilities for support of civil authorities after certain 
           incidents.
Sec. 1035. Charter for the National Reconnaissance Office.
Sec. 1036. National strategic five-year plan for improving the nuclear 
           forensic and attribution capabilities of the United States.
Sec. 1037. Authorization of appropriations for payments to Portuguese 
           nationals employed by the Department of Defense.
Sec. 1038. Prohibition on interrogation of detainees by contractor 
           personnel.
Sec. 1039. Notification and access of International Committee of the Red 
           Cross with respect to detainees at Theater Internment 
           Facility at Bagram Air Base, Afghanistan.
Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists.
Sec. 1041. Limitation on use of funds for the transfer or release of 
           individuals detained at United States Naval Station, 
           Guantanamo Bay, Cuba.
Sec. 1042. Additional subpoena authority for the Inspector General of 
           the Department of Defense.
Sec. 1043. Limitations on modifications of certain Government furnished 
           equipment; one-time authority to transfer certain military 
           prototype.

                     Subtitle E--Studies and Reports

Sec. 1051. Report on statutory compliance of the report on the 2009 
           quadrennial defense review.
Sec. 1052. Report on the force structure findings of the 2009 
           quadrennial defense review.
Sec. 1053. Annual report on the electronic warfare strategy of the 
           Department of Defense.
Sec. 1054. Study on a system for career development and management of 
           interagency national security professionals.
Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear 
           weapons and related programs in non-nuclear-weapons states 
           and countries not parties to the Nuclear Non-Proliferation 
           Treaty, and certain foreign persons.
Sec. 1056. Comptroller General review of Department of Defense spending 
           in final fiscal quarters.
Sec. 1057. Report on Air America.
Sec. 1058. Report on defense travel simplification.
Sec. 1059. Report on modeling and simulation technological and 
           industrial base.
Sec. 1060. Report on enabling capabilities for special operations 
           forces.
Sec. 1061. Additional members and duties for the independent panel to 
           assess the quadrennial defense review.
Sec. 1062. Congressional earmarks relating to the Department of Defense.
Sec. 1063. Report on basing plans for certain United States geographic 
           combatant commands.

                        Subtitle F--Other Matters

Sec. 1071. Extension of certain authority for making rewards for 
           combating terrorism.
Sec. 1072. Business process reengineering.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Extension of sunset for congressional commission on the 
           strategic posture of the United States.
Sec. 1075. Combat air forces restructuring.
Sec. 1076. Sense of Congress regarding carrier air wing force structure.
Sec. 1077. Department of Veterans Affairs use of service dogs for the 
           treatment or rehabilitation of veterans with physical or 
           mental injuries or disabilities.
Sec. 1078. Plan for sustainment of land-based solid rocket motor 
           industrial base.
Sec. 1079. Justice for victims of torture and terrorism.
Sec. 1080. Requirement for videotaping or otherwise electronically 
           recording strategic intelligence interrogations of persons in 
           the custody of or under the effective control of the 
           Department of Defense.
Sec. 1081. Modification of pilot program on commercial fee-for-service 
           air refueling support for the air force.
Sec. 1082. Multiyear contracts under pilot program on commercial fee-
           for-service air refueling support for the Air Force.
Sec. 1083. Disclosure of names of students and instructors at Western 
           Hemisphere Institute for Security Cooperation.
Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute 
           for Security Cooperation.

[[Page 123 STAT. 2201]]

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

                          Subtitle A--Personnel

Sec. 1101. Authority to employ individuals completing the National 
           Security Education Program.
Sec. 1102. Authority for employment by Department of Defense of 
           individuals who have successfully completed the requirements 
           of the science, mathematics, and research for transformation 
           (SMART) defense scholarship program.
Sec. 1103. Authority for the employment of individuals who have 
           successfully completed the Department of Defense information 
           assurance scholarship program.
Sec. 1104. Extension and modification of experimental personnel 
           management program for scientific and technical personnel.
Sec. 1105. Modification to Department of Defense laboratory personnel 
           authority.
Sec. 1106. One-year extension of authority to waive annual limitation on 
           premium pay and aggregate limitation on pay for Federal 
           civilian employees working overseas.
Sec. 1107. Extension of certain benefits to Federal civilian employees 
           on official duty in Pakistan.
Sec. 1108. Requirement for Department of Defense strategic workforce 
           plans.
Sec. 1109. Adjustments to limitations on personnel and requirement for 
           annual manpower reporting.
Sec. 1110. Pilot program for the temporary exchange of information 
           technology personnel.
Sec. 1111. Availability of funds for compensation of certain civilian 
           employees of the Department of Defense.
Sec. 1112. Department of defense civilian leadership program.
Sec. 1113. Provisions relating to the National Security Personnel 
           System.
Sec. 1114. Provisions relating to the Defense Civilian Intelligence 
           Personnel System.

      Subtitle B--Provisions Relating to Reemployment of Annuitants

Sec. 1121. Authority to expand scope of provisions relating to unreduced 
           compensation for certain reemployed annuitants.
Sec. 1122. Part-time reemployment.
Sec. 1123. Government Accountability Office report.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201.  One-year extension of authority for security and 
           stabilization assistance.
Sec. 1202.  Expansion of authority and modification of notification and 
           reporting requirements for use of authority for support of 
           special operations to combat terrorism.
Sec. 1203.  Modification of report on foreign-assistance related 
           programs carried out by the Department of Defense.
Sec. 1204.  Report on authorities to build the capacity of foreign 
           military forces and related matters.
Sec. 1205.  Authority to provide administrative services and support to 
           coalition liaison officers of certain foreign nations 
           assigned to United States Joint Forces Command.
Sec. 1206.  Modification of authorities relating to program to build the 
           capacity of foreign military forces.
Sec. 1207.  Authority for non-reciprocal exchanges of defense personnel 
           between the United States and foreign countries.
Sec. 1208.  Report on alternatives to use of acquisition and cross-
           servicing agreements to lend military equipment for personnel 
           protection and survivability.
Sec. 1209.  Enhancing Iraqi security through defense cooperation between 
           the United States and Iraq.
Sec. 1210.  Availability of appropriated funds for the State Partnership 
           Program.

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

Sec. 1221.  Limitation on availability of funds for certain purposes 
           relating to Iraq.
Sec. 1222.  One-year extension and expansion of Commanders' Emergency 
           Response Program.
Sec. 1223.  Modification of authority for reimbursement of certain 
           coalition nations for support provided to United States 
           military operations.
Sec. 1224.  Pakistan Counterinsurgency Fund.

[[Page 123 STAT. 2202]]

Sec. 1225.  Program to provide for the registration and end-use 
           monitoring of defense articles and defense services 
           transferred to Afghanistan and Pakistan.
Sec. 1226.  Reports on campaign plans for Iraq and Afghanistan.
Sec. 1227.  Report on responsible redeployment of United States Armed 
           Forces from Iraq.
Sec. 1228.  Report on community-based security programs in Afghanistan.
Sec. 1229.  Updates of report on command and control structure for 
           military forces operating in Afghanistan.
Sec. 1230.  Report on feasibility and desirability of establishing 
           general uniform procedures and guidelines for the provision 
           of monetary assistance by the United States to civilian 
           foreign nationals for losses incident to combat activities of 
           the armed forces.
Sec. 1231.  Assessment and report on United States-Pakistan military 
           relations and cooperation.
Sec. 1232.  Report on progress toward security and stability in 
           Pakistan.
Sec. 1233.  Repeal of GAO war-related reporting requirement.
Sec. 1234.  Authority to transfer defense articles and provide defense 
           services to the military and security forces of Iraq and 
           Afghanistan.
Sec. 1235.  Analysis of required force levels and types of forces needed 
           to secure southern and eastern regions of Afghanistan.
Sec. 1236.  Modification of report on progress toward security and 
           stability in Afghanistan.
Sec. 1237.  No permanent military bases in Afghanistan.

                        Subtitle C--Other Matters

Sec. 1241.  Report on United States engagement with Iran.
Sec. 1242.  Annual counterterrorism status reports.
Sec. 1243.  Report on United States contributions to the United Nations.
Sec. 1244.  NATO Special Operations Coordination Center.
Sec. 1245.  Annual report on military power of Iran.
Sec. 1246.  Annual report on military and security developments 
           involving the People's Republic of China.
Sec. 1247.  Report on impacts of drawdown authorities on the Department 
           of Defense.
Sec. 1248.  Risk assessment of United States space export control 
           policy.
Sec. 1249.  Patriot air and missile defense battery in Poland.
Sec. 1250.  Report on potential foreign military sales of the F-22A 
           fighter aircraft.
Sec. 1251.  Report on the plan for the nuclear weapons stockpile, 
           nuclear weapons complex, and delivery platforms and sense of 
           Congress on follow-on negotiations to START Treaty.
Sec. 1252.  Map of mineral-rich zones and areas under the control of 
           armed groups in the Democratic Republic of the Congo.
Sec. 1253.  Sense of Congress relating to Israel.
Sec. 1254.  Sense of Congress on imposing sanctions with respect to 
           Iran.
Sec. 1255.  Report and sense of Congress on North Korea.
Sec. 1256.  Report on potential missile defense cooperation with Russia.

                          Subtitle D--VOICE Act

Sec. 1261. Short title.
Sec. 1262. Authorization of appropriations.
Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund.
Sec. 1264. Annual report.
Sec. 1265. Report on actions by non-Iranian companies.
Sec. 1266. Human rights documentation.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

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

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.

[[Page 123 STAT. 2203]]

Sec. 1403. Chemical agents and munitions destruction, defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Sec. 1407. Relation to funding table.

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

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

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

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1507. Defense-wide activities procurement.
Sec. 1508. Research, development, test, and evaluation.
Sec. 1509. Operation and maintenance.
Sec. 1510. Limitations on availability of funds in Afghanistan Security 
           Forces Fund.
Sec. 1511. Limitations on Iraq Security Forces Fund.
Sec. 1512. Military personnel.
Sec. 1513. Working capital funds.
Sec. 1514. Defense Health Program.
Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1516. Defense Inspector General.
Sec. 1517. Relation to funding tables.
Sec. 1518. Continuation of prohibition on use of United States funds for 
           certain facilities projects in Iraq.
Sec. 1519. Treatment as additional authorizations.
Sec. 1520. Special transfer authority.

TITLE XVII--DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                     FACILITY DEMONSTRATION PROJECT

Sec. 1701. Demonstration project authority.
Sec. 1702. Transfer of property.
Sec. 1703. Transfer of civilian personnel of the Department of Defense.
Sec. 1704. Joint funding authority.
Sec. 1705. Eligibility of members of the uniformed services for care and 
           services.
Sec. 1706. Extension of DOD-VA Health Care Sharing Incentive Fund.

                    TITLE XVIII--MILITARY COMMISSIONS

Sec. 1801. Short title.
Sec. 1802. Military commissions.
Sec. 1803. Conforming amendments.
Sec. 1804. Proceedings under prior statute.
Sec. 1805. Submittal to Congress of revised rules for military 
           commissions.
Sec. 1806. Annual reports to Congress on trials by military commission.
Sec. 1807. Sense of Congress on military commission system.

                  TITLE XIX--FEDERAL EMPLOYEE BENEFITS

                     Subtitle A--General Provisions

Sec. 1901. Credit for unused sick leave.
Sec. 1902. Limited expansion of the class of individuals eligible to 
           receive an actuarially reduced annuity under the Civil 
           Service Retirement System.
Sec. 1903. Computation of certain annuities based on part-time service.
Sec. 1904. Authority to deposit refunds under FERS.
Sec. 1905. Retirement credit for service of certain employees 
           transferred from District of Columbia service to Federal 
           service.

        Subtitle B--Non-Foreign Area Retirement Equity Assurance

Sec. 1911. Short title.

[[Page 123 STAT. 2204]]

Sec. 1912. Extension of locality pay.
Sec. 1913. Adjustment of special rates.
Sec. 1914. Transition schedule for locality-based comparability 
           payments.
Sec. 1915. Savings provision.
Sec. 1916. Application to other eligible employees.
Sec. 1917. Election of additional basic pay for annuity computation by 
           employees.
Sec. 1918. Regulations.
Sec. 1919. Effective dates.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be 
           specified by law.
Sec. 2003. Relation to funding tables.
Sec. 2004. General reduction across division.

                             TITLE XXI--ARMY

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

                            TITLE XXII--NAVY

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

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
           projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out certain fiscal year 
           2009 Air Force project.
Sec. 2306. Extension of authorizations of certain fiscal year 2007 
           projects.
Sec. 2307. Extension of authorizations of certain fiscal year 2006 
           projects.
Sec. 2308. Conveyance to Indian tribes of certain housing units.

                      TITLE XXIV--DEFENSE AGENCIES

                Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition 
           projects.
Sec. 2402. Family Housing.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Termination or modification of authority to carry out certain 
           fiscal year 2009 projects.
Sec. 2406. Modification of authority to carry out certain fiscal year 
           2008 project.
Sec. 2407. Extension of authorizations of certain fiscal year 2007 
           project.

          Subtitle B--Chemical Demilitarization Authorizations

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

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                 PROGRAM

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

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land 
           acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
           projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 
           and land acquisition projects.

[[Page 123 STAT. 2205]]

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

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

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

                        Subtitle B--Other Matters

Sec. 2711. Relocation of certain Army Reserve units in Connecticut.
Sec. 2712. Authority to construct Armed Forces Reserve Center in 
           vicinity of Pease Air National Guard Base, New Hampshire.
Sec. 2713. Sense of Congress on ensuring joint basing recommendations do 
           not adversely affect operational readiness.
Sec. 2714. Requirements related to providing world class military 
           medical facilities in the National Capital Region.
Sec. 2715. Use of economic development conveyances to implement base 
           closure and realignment property recommendations.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Modification of unspecified minor construction authorities.
Sec. 2802. Congressional notification of facility repair projects 
           carried out using operation and maintenance funds.
Sec. 2803. Modification of authority for scope of work variations.
Sec. 2804. Modification of conveyance authority at military 
           installations.
Sec. 2805. Imposition of requirement that acquisition of reserve 
           component facilities be authorized by law.
Sec. 2806. Authority to use operation and maintenance funds for 
           construction projects inside the United States Central 
           Command area of responsibility.
Sec. 2807. Expansion of First Sergeants Barracks Initiative.
Sec. 2808. Reports on privatization initiatives for military 
           unaccompanied housing.
Sec. 2809. Report on Department of Defense contributions to States for 
           acquisition, construction, expansion, rehabilitation, or 
           conversion of reserve component facilities.

         Subtitle B--Real Property and Facilities Administration

Sec. 2821. Modification of utility systems conveyance authority.
Sec. 2822. Report on global defense posture realignment and interagency 
           review.
Sec. 2823. Property and facilities management of the Armed Forces 
           Retirement Home.
Sec. 2824. Acceptance of contributions to support cleanup efforts at 
           former Almaden Air Force Station, California.
Sec. 2825. Selection of military installations to serve as locations of 
           brigade combat teams.
Sec. 2826. Report on Federal assistance to support communities adversely 
           impacted by expansion of military installations.

           Subtitle C--Provisions Related to Guam Realignment

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

[[Page 123 STAT. 2206]]

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

                       Subtitle D--Energy Security

Sec. 2841. Adoption of unified energy monitoring and utility control 
           system specification for military construction and military 
           family housing activities.
Sec. 2842. Department of Defense goal regarding use of renewable energy 
           sources to meet facility energy needs.
Sec. 2843. Department of Defense participation in programs for 
           management of energy demand or reduction of energy usage 
           during peak periods.
Sec. 2844. Department of Defense use of electric and hybrid motor 
           vehicles.
Sec. 2845. Study on development of nuclear power plants on military 
           installations.
Sec. 2846. Comptroller General report on Department of Defense renewable 
           energy initiatives, including solar initiatives, on military 
           installations.

                      Subtitle E--Land Conveyances

Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska.
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, 
           Arkansas.
Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval 
           Magazine, California.
Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval 
           Facility to City of Ferndale, California.
Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii.
Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and 
           Ohana Nui areas, Pearl Harbor, Hawaii.
Sec. 2857. Modification of land conveyance, former Griffiss Air Force 
           Base, New York.
Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, 
           Pennsylvania.
Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota.
Sec. 2860. Land conveyance, Lackland Air Force Base, Texas.
Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia.
Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, 
           Washington.
Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, 
           Wyoming.

                        Subtitle F--Other Matters

Sec. 2871. Revised authority to establish national monument to honor 
           United States Armed Forces working dog teams.
Sec. 2872. National D-Day Memorial study.
Sec. 2873. Conditions on establishment of Cooperative Security Location 
           in Palanquero, Colombia.
Sec. 2874. Military activities at United States Marine Corps Mountain 
           Warfare Training Center.

   TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION 
                             AUTHORIZATIONS

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

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

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Sec. 3106. Relation to funding tables.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111.  Stockpile stewardship program.
Sec. 3112. Report on stockpile stewardship criteria and assessment of 
           stockpile stewardship program.
Sec. 3113. Stockpile management program.
Sec. 3114. Dual validation of annual weapons assessment and 
           certification.
Sec. 3115. Elimination of nuclear weapons life extension program from 
           exception to requirement to request funds in budget of the 
           President.

[[Page 123 STAT. 2207]]

Sec. 3116. Long-term plan for the modernization and refurbishment of the 
           nuclear security complex.
Sec. 3117. Repeal of prohibition on funding activities associated with 
           international cooperative stockpile stewardship.
Sec. 3118. Modification of minor construction threshold for plant 
           projects.
Sec. 3119. Two-year extension of authority for appointment of certain 
           scientific, engineering, and technical personnel.
Sec. 3120. National Nuclear Security Administration authority for urgent 
           nonproliferation activities.
Sec. 3121. Repeal of sunset date for consolidation of 
           counterintelligence programs of Department of Energy and 
           National Nuclear Security Administration.

                           Subtitle C--Reports

Sec. 3131. National Academy of Sciences review of national security 
           laboratories.
Sec. 3132. Plan to ensure capability to monitor, analyze, and evaluate 
           foreign nuclear weapons activities.
Sec. 3133. Comptroller General study of stockpile stewardship program.
Sec. 3134. Comptroller General of the United States review of projects 
           carried out by the Office of Environmental Management of the 
           Department of Energy pursuant to the American Recovery and 
           Reinvestment Act of 2009.

                        Subtitle D--Other Matters

Sec. 3141. Ten-year plan for use and funding of certain Department of 
           Energy facilities.
Sec. 3142. Expansion of authority of Ombudsman of Energy Employees 
           Occupational Illness Compensation Program.
Sec. 3143. Identification in budget materials of amounts for certain 
           Department of Energy pension obligations.
Sec. 3144. Sense of Congress on production of molybdenum-99.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                   TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2010.
Sec. 3502. Unused leave balances.
Sec. 3503. Temporary program authorizing contracts with adjunct 
           professors at the United States Merchant Marine Academy.
Sec. 3504. Maritime loan guarantee program.
Sec. 3505. Defense measures against unauthorized seizures of Maritime 
           Security Fleet vessels.
Sec. 3506. Report on restrictions on United States-flagged commercial 
           vessel security.
Sec. 3507. Technical corrections to State maritime academies student 
           incentive program.
Sec. 3508. Cooperative agreements, administrative expenses, and 
           contracting authority.
Sec. 3509. Use of funding for DOT maritime heritage property.
Sec. 3510. Use of midshipman fees.
Sec. 3511. Construction of vessels in the United States policy.
Sec. 3512. Port infrastructure development program.
Sec. 3513. Reefs for marine life conservation program.
Sec. 3514. United States Merchant Marine Academy graduate program 
           receipt, disbursement, and accounting for nonappropriated 
           funds.
Sec. 3515. America's short sea transportation grants for the development 
           of marine highways.
Sec. 3516. Expansion of the Marine View system.

                       DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

                         TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.

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

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

[[Page 123 STAT. 2208]]

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

                 TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency 
           operations.

                    TITLE XLIV--OTHER AUTHORIZATIONS

Sec. 4401. Other authorizations.
Sec. 4402. Other authorizations for overseas contingency operations.

             TITLE XLV--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 4501. Military construction.
Sec. 4502. 2005 base realignment and closure round FY 2010 project 
           listing.
Sec. 4503. Military construction for overseas contingency operations.

       TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4601. Department of Energy national security programs.

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

Sec. 4701. Short title.
Sec. 4702. Findings.
Sec. 4703. Definitions.
Sec. 4704. Support for criminal investigations and prosecutions by 
           State, local, and tribal law enforcement officials.
Sec. 4705. Grant program.
Sec. 4706. Authorization for additional personnel to assist State, 
           local, and tribal law enforcement.
Sec. 4707. Prohibition of certain hate crime acts.
Sec. 4708. Statistics.
Sec. 4709. Severability.
Sec. 4710. Rule of construction.
Sec. 4711. Guidelines for hate-crimes offenses.
Sec. 4712. Attacks on United States servicemen.
Sec. 4713. Report on mandatory minimum sentencing provisions.

SEC. 3. <<NOTE: 10 USC 101 note.>> CONGRESSIONAL DEFENSE 
                    COMMITTEES.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 107. Relation to funding table.

                        Subtitle B--Army Programs

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

                        Subtitle C--Navy Programs

Sec. 121. Littoral Combat Ship program.
Sec. 122. Treatment of Littoral Combat Ship program as a major defense 
           acquisition program.

[[Page 123 STAT. 2209]]

Sec. 123. Report on strategic plan for homeporting the Littoral Combat 
           Ship.
Sec. 124. Advance procurement funding.
Sec. 125. Procurement programs for future naval surface combatants.
Sec. 126. Ford-class aircraft carrier report.
Sec. 127. Report on a service life extension program for Oliver Hazard 
           Perry class frigates.
Sec. 128. Conditional multiyear procurement authority for F/A-18E, F/A-
           18F, or EA-18G aircraft.

                     Subtitle D--Air Force Programs

Sec. 131. Report on the procurement of 4.5 generation fighter aircraft.
Sec. 132. Revised availability of certain funds available for the F-22A 
           fighter aircraft.
Sec. 133. Preservation and storage of unique tooling for F-22 fighter 
           aircraft.
Sec. 134. AC-130 gunships.
Sec. 135. Report on E-8C Joint Surveillance and Target Attack Radar 
           System re-engining.
Sec. 136. Repeal of requirement to maintain certain retired C-130E 
           aircraft.
Sec. 137. Limitation on retirement of C-5 aircraft.
Sec. 138. Reports on strategic airlift aircraft.
Sec. 139. Strategic airlift force structure.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor procurement.
Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.
Sec. 143. Modification of nature of data link for use by tactical 
           unmanned aerial vehicles.

               Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement for the Army as follows:
            (1) For aircraft, $5,110,352,000.
            (2) For missiles, $1,368,109,000.
            (3) For weapons and tracked combat vehicles, $2,439,052,000.
            (4) For ammunition, $2,058,895,000.
            (5) For other procurement, $9,450,863,000.
SEC. 102. NAVY AND MARINE CORPS.

    (a) Navy.--Funds are hereby authorized to be appropriated for fiscal 
year 2010 for procurement for the Navy as follows:
            (1) For aircraft, $18,842,112,000.
            (2) For weapons, including missiles and torpedoes, 
        $3,446,019,000.
            (3) For shipbuilding and conversion, $13,776,867,000.
            (4) For other procurement, $5,610,581,000.

    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2010 for procurement for the Marine Corps in the amount 
of $1,603,738,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2010 for procurement of ammunition 
for the Navy and the Marine Corps in the amount of $814,015,000.
SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement for the Air Force as follows:
            (1) For aircraft, $11,224,371,000.

[[Page 123 STAT. 2210]]

            (2) For ammunition, $822,462,000.
            (3) For missiles, $6,037,459,000.
            (4) For other procurement, $17,133,668,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for Defense-wide procurement in the amount of $4,090,816,000.
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the procurement of aircraft, missiles, wheeled and tracked combat 
vehicles, tactical wheeled vehicles, ammunition, other weapons, and 
other procurement for the reserve components of the Armed Forces in the 
amount of $600,000,000.
SEC. 106. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the Mine Resistant Ambush Protected Vehicle Fund in the amount of 
$600,000,000.
SEC. 107. RELATION TO FUNDING TABLE.

    The amounts authorized to be appropriated by sections 101, 102, 103, 
104, 105, and 106 shall be available, in accordance with the 
requirements of section 4001, for projects, programs, and activities, 
and in the amounts, specified in the funding table in section 4101.

                        Subtitle B--Army Programs

SEC. 111. PROCUREMENT OF FUTURE COMBAT SYSTEMS SPIN OUT EARLY-
                        INFANTRY BRIGADE COMBAT TEAM EQUIPMENT.

    (a) Limitation on Low-rate Initial Production Quantities.--
Notwithstanding section 2400 of title 10, United States Code, and except 
as provided in subsection (b), the Secretary of Defense may not procure 
more than one Future Combat Systems spin out early-infantry brigade 
combat team equipment set (in this section referred to as a ``brigade 
set'') for low-rate initial production.
    (b) Waiver.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics may waive the limitation in subsection (a) 
if--
            (1) the Under Secretary submits to Congress written 
        certification that--
                    (A) the Future Combat Systems spin out early-
                infantry brigade combat team program (in this section 
                referred to as the ``program'') requires low-rate 
                initial production in excess of 10 percent of the total 
                number of articles to be produced;
                    (B) the Director of Defense Research and Engineering 
                has completed a technology readiness assessment of the 
                program;
                    (C) the Director of Cost Assessment and Program 
                Evaluation has completed an independent cost estimate of 
                the program;

[[Page 123 STAT. 2211]]

                    (D) the Under Secretary has approved an acquisition 
                strategy and acquisition program baseline for the 
                program; and
                    (E) all of the systems constituting the brigade set 
                have been tested in their intended production 
                configuration; and
            (2) a period of 30 days has elapsed after the date on which 
        the certification under paragraph (1) is received.

    (c) Exception for Meeting Operational Need Statement Requirements.--
The limitation on low-rate initial production in subsection (a) does not 
apply to the procurement of individual components of a brigade set if 
the procurement of such components is specifically intended to address 
an operational need statement requirement (as described in Army 
Regulation 71-9 or a successor regulation).

                        Subtitle C--Navy Programs

SEC. 121. LITTORAL COMBAT SHIP PROGRAM.

    (a) Contract Authority.--
            (1) In general.--The Secretary of the Navy may procure up to 
        ten Littoral Combat Ships and 15 Littoral Combat Ship ship 
        control and weapon systems by entering into a contract using 
        competitive procedures. Such procurement may also include--
                    (A) materiel and equipment in economic order 
                quantities when cost savings are achievable; and
                    (B) cost reduction initiatives.
            (2) Liability.--A contract entered into under paragraph (1) 
        shall provide that any obligation of the United States to make a 
        payment under the contract is subject to the availability of 
        appropriations for that purpose, and that total liability to the 
        Government for termination of any contract entered into shall be 
        limited to the total amount of funding obligated at time of 
        termination.

    (b) Technical Data Package.--
            (1) Requirement.--As part of the solicitation for proposals 
        for a procurement authorized by subsection (a), the Secretary 
        shall require that an offeror submit a proposal that provides 
        for conveying a complete technical data package as part of a 
        proposal for a Littoral Combat Ship.
            (2) Rights of the united states.--The Secretary shall ensure 
        that the Government's rights in technical data for a Littoral 
        Combat Ship are sufficient to permit the Government to--
                    (A) conduct a competition for a second shipyard, as 
                soon as practicable; and
                    (B) transition the Littoral Combat Ship combat 
                systems to Government-furnished equipment to achieve 
                open architecture and foster competition to modernize 
                future systems.

    (c) Limitation of Costs.--
            (1) Limitation.--Except as provided in subsection (d), and 
        excluding amounts described in paragraph (2), beginning in 
        fiscal year 2011, the total amount obligated or expended for

[[Page 123 STAT. 2212]]

        the procurement of a Littoral Combat Ship awarded to a 
        contractor selected as part of a procurement authorized by 
        subsection (a) may not exceed $480,000,000 per vessel.
            (2) Exclusion.--The amounts described in this paragraph are 
        amounts associated with the following:
                    (A) Elements designated by the Secretary of the Navy 
                as a mission package.
                    (B) Plans.
                    (C) Technical data packages.
                    (D) Class design services.
                    (E) Post-delivery, outfitting, and program support 
                costs.

    (d) Waiver and Adjustment of Limitation Amount.--
            (1) Waiver.--The Secretary of the Navy may waive the 
        limitation in subsection (c)(1) with respect to a vessel if--
                    (A) the Secretary provides supporting data and 
                certifies in writing to the congressional defense 
                committees that--
                          (i) the total amount obligated or expended for 
                      procurement of the vessel-
                                    (I) is in the best interest of the 
                                United States; and
                                    (II) is affordable, within the 
                                context of the annual naval vessel 
                                construction plan required by section 
                                231 of title 10, United States Code; and
                          (ii) the total amount obligated or expended 
                      for procurement of at least one other vessel 
                      authorized by subsection (a) has been or is 
                      expected to be less than $480,000,000; and
                    (B) a period of not less than 30 days has expired 
                following the date on which such certification and data 
                are submitted to the congressional defense committees.
            (2) Adjustment.--The Secretary of the Navy may adjust the 
        amount set forth in subsection (c)(1) for Littoral Combat Ship 
        vessels referred to in that subsection by the following:
                    (A) The amounts of increases or decreases in costs 
                attributable to economic inflation after September 30, 
                2009.
                    (B) The amounts of increases or decreases in costs 
                attributable to compliance with changes in Federal, 
                State, or local laws enacted after September 30, 2009.
                    (C) The amounts of increases or decreases in costs 
                of the vessel that are attributable to insertion of new 
                technology into that vessel, as compared to the 
                technology built into the first or second vessels of the 
                Littoral Combat Ship class of vessels, if the Secretary 
                determines, and certifies to the congressional defense 
                committees, that insertion of the new technology--
                          (i) is expected to decrease the life-cycle 
                      cost of the vessel; or
                          (ii) is required to meet an emerging threat 
                      that poses grave harm to national security.
                    (D) The amounts of increases or decreases in costs 
                required to correct deficiencies that may affect the 
                safety of the vessel and personnel or otherwise preclude 
                the vessel from safe operations and crew certifications.

    (e) Annual Reports.--At the same time that the budget is submitted 
under section 1105(a) of title 31, United States Code, for each fiscal 
year, the Secretary of the Navy shall submit to

[[Page 123 STAT. 2213]]

the congressional defense committees a report on Littoral Combat Ship 
vessels. Each such report shall include the following:
            (1) The current (as of the date of the report) and projected 
        total basic construction costs, Government-furnished equipment 
        costs, and other program costs associated with each of the 
        Littoral Combat Ships under construction.
            (2) Written notice of any adjustment in the amount set forth 
        in subsection (c)(1) made during the preceding fiscal year that 
        the Secretary adjusted under the authority provided in 
        subsection (d)(2).
            (3) A summary of investment made by the Government for cost-
        reduction initiatives and the projected savings or cost 
        avoidance based on those investments.
            (4) A summary of investment made by the construction yard to 
        improve efficiency and optimization of construction along with 
        the projected savings or cost avoidance based on those 
        investments.
            (5) Information, current as of the date of the report, 
        regarding--
                    (A) the content of any element of the Littoral 
                Combat Ship class of vessels that is designated as a 
                mission package;
                    (B) the estimated cost of any such element; and
                    (C) the total number of such elements anticipated.

    (f) Definitions.--In this section:
            (1) The term ``mission package'' means the interchangeable 
        systems that deploy with a Littoral Combat Ship vessel.
            (2) The term ``technical data package'' means a compilation 
        of detailed engineering plans and specifications for 
        construction of the vessels.
            (3) The term ``total amount obligated or expended for 
        procurement'', with respect to a Littoral Combat Ship, means the 
        sum of the costs of basic construction and Government-furnished 
        equipment for the ship.

    (g) Conforming Repeal.--Section 124 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 
3157), as amended by section 125 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 29) and section 
122 of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110-417; 122 Stat. 4376), is repealed.
SEC. 122. TREATMENT OF LITTORAL COMBAT SHIP PROGRAM AS A MAJOR 
                        DEFENSE ACQUISITION PROGRAM.

    Effective <<NOTE: Effective date.>>  as of the date of the enactment 
of this Act, the program for the Littoral Combat Ship shall be treated 
as a major defense acquisition program for purposes of chapter 144 of 
title 10, United States Code.
SEC. 123. REPORT ON STRATEGIC PLAN FOR HOMEPORTING THE LITTORAL 
                        COMBAT SHIP.

    (a) Report Required.--At the same time that the budget is submitted 
under section 1105(a) of title 31, United States Code, for fiscal year 
2011, the Secretary of the Navy shall submit to the congressional 
defense committees a report setting forth the strategic plan of the Navy 
for homeporting the Littoral Combat Ship on the east coast and west 
coast of the United States.

[[Page 123 STAT. 2214]]

    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An analysis of how the homeporting plan would support 
        the requirements of the commanders of the combatant commands, by 
        geographic area of responsibility, for the capabilities 
        delivered by Littoral Combat Ships, including the notional 
        transit times to the various geographic areas of responsibility.
            (2) An assessment of the effect that each type of Littoral 
        Combat Ship would have on each port in which such ship could be 
        homeported, including an identification of the infrastructure 
        required to support each such ship with respect to--
                    (A) the availability of pier space with supporting 
                ship services infrastructure, taking into account the 
                largest fleet size envisioned by the long-term plan for 
                the construction of naval vessels submitted for fiscal 
                year 2011;
                    (B) the logistical and maintenance support services 
                required in any port chosen for the Littoral Combat 
                Ships; and
                    (C) any investment in naval station infrastructure 
                required for homeporting Littoral Combat Ships 
                (including a plan for such investment).
            (3) With respect to the projected force structure size of 
        the Navy in fiscal year 2020, a graphical depiction of the total 
        planned ships berthing in the pier areas of any naval facility 
        chosen to homeport Littoral Combat Ships, including the 
        identification of the ships berthing plan for the maximum number 
        of ships expected in-port at any one time.
SEC. 124. ADVANCE PROCUREMENT FUNDING.

    (a) <<NOTE: 10 USC 7291 note.>> Advance Procurement.--With respect 
to a naval vessel for which amounts are authorized to be appropriated or 
otherwise made available for fiscal year 2010 or any fiscal year 
thereafter for advance procurement in shipbuilding and conversion, Navy, 
the Secretary of the Navy may enter into a contract, in advance of a 
contract for construction of any vessel, for any of the following:
            (1) Components, parts, or materiel.
            (2) Production planning and other related support services 
        that reduce the overall procurement lead time of such vessel.

    (b) Aircraft Carrier Designated CVN-79.--With respect to components 
of the aircraft carrier designated CVN-79 for which amounts are 
authorized to be appropriated or otherwise made available for fiscal 
year 2010 or any fiscal year thereafter for advance procurement in 
shipbuilding and conversion, Navy, the Secretary of the Navy may enter 
into a contract for the advance construction of such components if the 
Secretary determines that cost savings, construction efficiencies, or 
workforce stability may be achieved for such aircraft carrier through 
the use of such contract.
    (c) Condition of Out-year Contract Payments.--A contract entered 
into under subsection (b) shall provide that any obligation of the 
United States to make a payment under such contract for any fiscal year 
after fiscal year 2010 is subject to the availability of appropriations 
for that purpose for such fiscal year.
SEC. 125. <<NOTE: Deadlines. 10 USC 7291 note.>> 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

[[Page 123 STAT. 2215]]

construction of, or advanced procurement of materials for, a surface 
combatant to be constructed after fiscal year 2011 until the Secretary 
has submitted to Congress each of the following:
            (1) An acquisition strategy for such surface combatants that 
        has been approved by the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics.
            (2) Certification that the Joint Requirements Oversight 
        Council--
                    (A) has been briefed on the acquisition strategy to 
                procure such surface combatants; and
                    (B) has concurred that such strategy is the best 
                preferred approach to deliver required capabilities to 
                address future threats, as reflected in the latest 
                assessment by the defense intelligence community.
            (3) A verification by, and conclusions of, an independent 
        review panel that, in evaluating the program or programs 
        concerned, the Secretary of the Navy considered each of the 
        following:
                    (A) Modeling and simulation, including war gaming 
                conclusions regarding combat effectiveness for the 
                selected ship platforms as compared to other reasonable 
                alternative approaches.
                    (B) Assessments of platform operational 
                availability.
                    (C) Life cycle costs, including vessel manning 
                levels, to accomplish missions.
                    (D) The differences in cost and schedule arising 
                from the need to accommodate new sensors and weapons in 
                surface combatants to be constructed after fiscal year 
                2011 to counter the future threats referred to in 
                paragraph (2), when compared with the cost and schedule 
                arising from the need to accommodate sensors and weapons 
                on surface combatants as contemplated by the 2009 
                shipbuilding plan for the vessels concerned.
            (4) The conclusions of a joint review by the Secretary of 
        the Navy and the Director of the Missile Defense Agency setting 
        forth additional requirements for investment in Aegis ballistic 
        missile defense beyond the number of DDG-51 and CG-47 vessels 
        planned to be equipped for this mission area in the budget of 
        the President for fiscal year 2010 (as submitted to Congress 
        pursuant to section 1105 of title 31, United States Code).

    (b) Future Surface Combatant Acquisition Strategy.-- 
<<NOTE: Reports.>> Not later than the date upon which the President 
submits to Congress the budget for fiscal year 2012 (as so submitted), 
the Secretary of the Navy shall submit to the congressional defense 
committees an update to the open architecture report to Congress that 
reflects the Navy's combat systems acquisition plans for the surface 
combatants to be procured in fiscal year 2012 and fiscal years 
thereafter.

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

[[Page 123 STAT. 2216]]

and Commandant of the Marine Corps, as was the case in the 2006 report.

    (d) Technology Roadmap for Future Surface Combatants and Fleet 
Modernization.--
            (1) In general.-- <<NOTE: Plan.>> Not later than 120 days 
        after the date of the enactment of this Act, the Secretary of 
        the Navy shall develop a plan to incorporate into surface 
        combatants constructed after 2011, and into fleet modernization 
        programs, the technologies developed for the DDG-1000 destroyer 
        and the DDG-51 and CG-47 Aegis ships, including technologies and 
        systems designed to achieve significant manpower savings.
            (2) Scope of plan.--The plan required by paragraph (1) shall 
        include sufficient detail for systems and subsystems to ensure 
        that the plan--
                    (A) avoids redundant development for common 
                functions;
                    (B) reflects implementation of Navy plans for 
                achieving an open architecture for all naval surface 
                combat systems; and
                    (C) fosters competition.

    (e) Definitions.--In this section:
            (1) The term ``2009 shipbuilding plan'' means the 30-year 
        shipbuilding plan submitted to Congress pursuant to section 231, 
        title 10, United States Code, 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, excluding Littoral Combat Ships, 
        under a program currently designated as a future surface 
        combatant program.
SEC. 126. FORD-CLASS AIRCRAFT CARRIER REPORT.

    Not later than February 1, 2010, the Secretary of the Navy shall 
submit to the congressional defense committees a report on the effects 
of using a five-year interval for the construction of Ford-class 
aircraft carriers. The report shall include, at a minimum, an assessment 
of the effects of such five-year interval on the following:
            (1) With respect to the supplier base--
                    (A) the viability of the base, including suppliers 
                exiting the market or other potential reductions in 
                competition; and
                    (B) cost increases to the Ford-class aircraft 
                carrier program.
            (2) Training of individuals in trades related to ship 
        construction.
            (3) Loss of expertise associated with ship construction.
            (4) The costs of--
                    (A) any additional technical support or production 
                planning associated with the start of construction;
                    (B) material and labor;
                    (C) overhead; and
                    (D) other ship construction programs, including the 
                costs of existing and future contracts.

[[Page 123 STAT. 2217]]

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

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of the Navy shall submit to the congressional defense 
committees a report setting forth the following:
            (1) A detailed analysis of a service life extension program 
        for the Oliver Hazard Perry class frigates, including--
                    (A) the cost of the program;
                    (B) a notional schedule for the program; and
                    (C) the shipyards available to carry out the work 
                under the program.
            (2) The strategic plan of the Navy for--
                    (A) the manner in which the Littoral Combat Ship 
                will fulfill the roles and missions currently performed 
                by the Oliver Hazard Perry class frigates as such 
                frigates are decommissioned; and
                    (B) the year-by-year planned commissioning of 
                Littoral Combat Ships and planned decommissioning of 
                Oliver Hazard Perry class frigates through the projected 
                service life of the Oliver Hazard Perry class frigates.
            (3) An analysis of the necessary procurement rates of 
        Littoral Combat Ships if the extension of the service life of 
        the Oliver Hazard Perry class frigates alleviates capability 
        gaps caused by a delay in the procurement rates of Littoral 
        Combat Ships.
            (4) A description of the manner in which the Navy has met 
        the requirements of the United States Southern Command over 
        time, including the assets and vessels the Navy has deployed for 
        military-to-military engagements, UNITAS exercises, and 
        counterdrug operations in support of the Commander of the United 
        States Southern Command during the five-year period ending on 
        the date of the report.
SEC. 128. CONDITIONAL MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E, 
                        F/A-18F, OR EA-18G AIRCRAFT.

    (a) Authority for Multiyear Procurement.--
            (1) In general.--Subject to section 2306b of title 10, 
        United States Code, the Secretary of the Navy may enter into a 
        multiyear contract for the procurement of F/A-18E, F/A-18F, or 
        EA-18G aircraft.
            (2) Submission of written certification by secretary of 
        defense.--For purposes of paragraph (1), the term ``March 1 of 
        the year in which the Secretary requests legislative authority 
        to enter into such contract'' in section 2306b(i)(1) of such 
        title shall be deemed to be a reference to March 1, 2010.

    (b) Contract Requirement.--A multiyear contract entered into under 
subsection (a) shall provide that any obligation of the United States to 
make a payment under the contract is subject to the availability of 
appropriations for that purpose.
    (c) Report of Findings.--In addition to any reports or 
certifications required by section 2306b of title 10, United States 
Code, not later than March 1, 2010, the Secretary of Defense shall 
submit to the congressional defense committees a report on how the 
findings and conclusions of the quadrennial defense review under section 
118 of such title and the 30-year aviation plan under section 231a of 
such title have informed the acquisition strategy of the

[[Page 123 STAT. 2218]]

Secretary with regard to the F/A-18E, F/A-18F, and EA-18G aircraft 
programs of record.
    (d) Sunset.--
            (1) Termination date.--Except as provided in paragraph (2), 
        the authority to enter into a multiyear contract under 
        subsection (a) shall terminate on May 1, 2010.
            (2) <<NOTE: Notification.>> Extension.--The Secretary of the 
        Navy may enter into a multiyear contract under subsection (a) 
        until September 30, 2010, if the Secretary notifies the 
        congressional defense committees in writing--
                    (A) that the administrative processes or other 
                contracting activities necessary for executing this 
                authority cannot be completed before May 1, 2010; and
                    (B) of the date, on or before September 30, 2010, on 
                which the Secretary plans to enter into such multiyear 
                contract.

                     Subtitle D--Air Force Programs

SEC. 131. REPORT ON THE PROCUREMENT OF 4.5 GENERATION FIGHTER 
                        AIRCRAFT.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the procurement of 4.5 
generation fighter aircraft. The report shall include the following:
            (1) The number of 4.5 generation fighter aircraft needed to 
        be procured during fiscal years 2011 through 2025 to fulfill the 
        requirement of the Air Force to maintain not less than 2,200 
        tactical fighter aircraft.
            (2) The estimated procurement costs for those aircraft if 
        procured through annual procurement contracts.
            (3) The estimated procurement costs for those aircraft if 
        procured through multiyear procurement contracts.
            (4) The estimated savings that could be derived from the 
        procurement of those aircraft through a multiyear procurement 
        contract, and whether the Secretary determines the amount of 
        those savings to be substantial.
            (5) A discussion comparing the costs and benefits of 
        obtaining those aircraft through annual procurement contracts 
        with the costs and benefits of obtaining those aircraft through 
        a multiyear procurement contract.
            (6) A discussion regarding the availability and feasibility 
        of procuring F-35 aircraft to proportionally and concurrently 
        recapitalize the Air National Guard during fiscal years 2015 
        through fiscal year 2025.

    (b) 4.5 Generation Fighter Aircraft Defined.--In this section, the 
term ``4.5 generation fighter aircraft'' means current fighter aircraft, 
including the F-15, F-16, and F-18, that--
            (1) have advanced capabilities, including--
                    (A) AESA radar;
                    (B) high capacity data-link; and
                    (C) enhanced avionics; and
            (2) have the ability to deploy current and reasonably 
        foreseeable advanced armaments.

[[Page 123 STAT. 2219]]

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

    (a) Repeal of Authority on Availability of Fiscal Year 2009 Funds.--
Section 134 of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110-417; 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) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4373) for aircraft procurement for the Air Force 
and available for advance procurement for the F-22A fighter aircraft 
within that subaccount or to other subaccounts for aircraft procurement 
for the Air Force for purposes of providing funds for other 
modernization priorities with respect to the F-22A fighter aircraft.
SEC. 133. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR F-22 
                        FIGHTER AIRCRAFT.

    (a) Plan.--The Secretary of the Air Force shall develop a plan for 
the preservation and storage of unique tooling related to the production 
of hardware and end items for F-22 fighter aircraft. The plan shall--
            (1) ensure that the Secretary preserves and stores required 
        tooling in a manner that--
                    (A) allows the production of such hardware and end 
                items to be restarted after a period of idleness; and
                    (B) provides for the long-term sustainment and 
                repair of such hardware and end items;
            (2) with respect to the supplier base of such hardware and 
        end items, identify the costs of restarting production; and
            (3) identify any contract modifications, additional 
        facilities, or funding that the Secretary determines necessary 
        to carry out the plan.

    (b) Restriction on the Use of Funds.-- 
<<NOTE: Deadline. Reports.>> None of the amounts authorized to be 
appropriated by this Act or otherwise made available for fiscal year 
2010 for aircraft procurement, Air Force, for F-22 fighter aircraft may 
be obligated or expended for activities related to disposing of F-22 
production tooling until a period of 45 days has elapsed after the date 
on which the Secretary submits to Congress a report describing the plan 
required by subsection (a).
SEC. 134. AC-130 GUNSHIPS.

    (a) Report on Reduction in Service Life in Connection With 
Accelerated Deployment.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Air Force, in consultation 
with the Commander of the United States Special Operations Command, 
shall submit to the congressional defense committees an assessment of 
the reduction in the service life of AC-130 gunships of the Air Force as 
a result of the accelerated deployments of such gunships that are 
anticipated during the seven- to ten-year period beginning with the date 
of the enactment of this Act, assuming that operating tempo continues at

[[Page 123 STAT. 2220]]

a rate per year that is similar to the average rate per year of the five 
years preceding the date of the report.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An estimate by series of the maintenance costs for the 
        AC-130 gunships during the period described in subsection (a), 
        including any major airframe and engine overhauls of such 
        aircraft anticipated during that period.
            (2) A description by series of the age, serviceability, and 
        capabilities of the armament systems of the AC-130 gunships.
            (3) An estimate by series of the costs of modernizing the 
        armament systems of the AC-130 gunships to achieve any necessary 
        capability improvements.
            (4) A description by series of the age and capabilities of 
        the electronic warfare systems of the AC-130 gunships, and an 
        estimate of the cost of upgrading such systems during that 
        period to achieve any necessary capability improvements.
            (5) A description by series of the age of the avionics 
        systems of the AC-130 gunships and an estimate of the cost of 
        upgrading such systems during that period to achieve any 
        necessary capability improvements.

    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (d) Analysis of Alternatives.--The Secretary of the Air Force, in 
consultation with the Commander of the United States Special Operations 
Command, shall conduct an analysis of alternatives for any gunship 
modernization requirements identified by the 2009 quadrennial defense 
review under section 118 of title 10, United States 
Code. <<NOTE: Deadline.>> The results of the analysis of alternatives 
shall be provided to the congressional defense committees not later than 
18 months after the completion of the 2009 quadrennial defense review.
SEC. 135. REPORT ON E-8C JOINT SURVEILLANCE AND TARGET ATTACK 
                        RADAR SYSTEM RE-ENGINING.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Air Force shall submit to 
the congressional defense committees a report on replacing the engines 
of E-8C Joint Surveillance and Target Attack Radar System aircraft (in 
this section referred to as ``Joint STARS aircraft''). The report shall 
include the following:
            (1) An assessment of funding alternatives and options for 
        accelerating funding for the fielding of Joint STARS aircraft 
        with replaced engines.
            (2) An analysis of the tradeoffs involved in the decision to 
        replace the engines of Joint STARS aircraft or not to replace 
        those engines, including the potential cost savings from 
        replacing those engines and the operational impacts of not 
        replacing those engines.
            (3) An identification of the optimum path forward for 
        replacing the engines of Joint STARS aircraft and modernizing 
        the Joint STARS fleet.

    (b) Limitation on Certain Actions.--The Secretary of the Air Force 
may not take any action that would adversely impact the pace of the 
execution of the program to replace the engines of Joint STARS aircraft 
before submitting the report required by subsection (a).

[[Page 123 STAT. 2221]]

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

    Section 134 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 31) is amended--
            (1) by striking subsection (c);
            (2) by redesignating subsection (d) as subsection (c); and
            (3) in subsection (b), by striking ``subsection (d)'' and 
        inserting ``subsection (c)''.
SEC. 137. LIMITATION ON RETIREMENT OF C-5 AIRCRAFT.

    (a) Limitation.--The Secretary of the Air Force may not proceed with 
a decision to retire C-5A aircraft from the active inventory of the Air 
Force in any number that would reduce the total number of such aircraft 
in the active inventory below 111 until--
            (1) the Air Force has modified a C-5A aircraft to the 
        configuration referred to as the Reliability Enhancement and 
        Reengining Program (RERP) configuration, as planned under the C-
        5 System Development and Demonstration program as of May 1, 
        2003; and
            (2) the Director of Operational Test and Evaluation of the 
        Department of Defense--
                    (A) conducts an operational evaluation of that 
                aircraft, as so modified; and
                    (B) <<NOTE: Assessment.>> provides to the Secretary 
                of Defense and the congressional defense committees an 
                operational assessment.

    (b) Operational Evaluation.--An operational evaluation for purposes 
of paragraph (2)(A) of subsection (a) is an evaluation, conducted during 
operational testing and evaluation of the aircraft, as so modified, of 
the performance of the aircraft with respect to reliability, 
maintainability, and availability and with respect to critical 
operational issues.
    (c) Operational Assessment.--An operational assessment for purposes 
of paragraph (2)(B) of subsection (a) is an operational assessment of 
the program to modify C-5A aircraft to the configuration referred to in 
subsection (a)(1) regarding both overall suitability and deficiencies of 
the program to improve performance of the C-5A aircraft relative to 
requirements and specifications for reliability, maintainability, and 
availability of that aircraft as in effect on May 1, 2003.
    (d) <<NOTE: Deadlines.>> Additional Limitations on Retirement of 
Aircraft.--The Secretary of the Air Force may not retire C-5 aircraft 
from the active inventory as of the date of the enactment of this Act 
until the later of the following:
            (1) The date that is 90 days after the date on which the 
        Director of Operational Test and Evaluation submits the report 
        referred to in subsection (a)(2)(B).
            (2) The date that is 90 days after the date on which the 
        Secretary submits the report required under subsection (e).
            (3) <<NOTE: Certification.>> The date that is 30 days after 
        the date on which the Secretary certifies to the congressional 
        defense committees that--
                    (A) the retirement of such aircraft will not 
                increase the operational risk of meeting the National 
                Defense Strategy; and

[[Page 123 STAT. 2222]]

                    (B) the retirement of such aircraft will not reduce 
                the total strategic airlift force structure below 316 
                strategic airlift aircraft.

    (e) Report on Retirement of Aircraft.--The Secretary of the Air 
Force shall submit to the congressional defense committees a report 
setting forth the following:
            (1) The rationale for the retirement of existing C-5 
        aircraft and a cost-benefit analysis of alternative strategic 
        airlift force structures, including the force structure that 
        would result from the retirement of such aircraft.
            (2) An updated assessment to the assessment of the Under 
        Secretary for Acquisition, Technology, and Logistics certified 
        on February 14, 2008, concerning the costs and benefits of 
        applying the Reliability Enhancement and Re-engining Program 
        (RERP) modification to the entire the C-5A aircraft fleet.
            (3) An assessment of the implications for the Air Force, the 
        Air National Guard, and the Air Force Reserve of operating a mix 
        of C-5A aircraft and C-5M aircraft.
            (4) An assessment of the costs and benefits of increasing 
        the number of C-5 aircraft in Back-up Aircraft Inventory (BAI) 
        status as a hedge against future requirements of such aircraft.
            (5) An assessment of the costs, benefits, and implications 
        of transferring C-5 aircraft to United States flag carriers 
        operating in the Civil Reserve Air Fleet (CRAF) program or to 
        coalition partners in lieu of the retirement of such aircraft.
            (6) Such other matters relating to the retirement of C-5 
        aircraft as the Secretary considers appropriate.
SEC. 138. REPORTS ON STRATEGIC AIRLIFT AIRCRAFT.

    At least 90 days before the date on which a C-5 aircraft is retired, 
the Secretary of the Air Force, in consultation with the Director of the 
Air National Guard, shall submit to the congressional defense committees 
a report on the proposed force structure and basing of strategic airlift 
aircraft (as defined in section 8062(g)(2) of title 10, United States 
Code). Each report shall include the following:
            (1) A list of each aircraft in the inventory of strategic 
        airlift aircraft, including for each such aircraft--
                    (A) the type;
                    (B) the variant; and
                    (C) the military installation where such aircraft is 
                based.
            (2) A list of each strategic airlift aircraft proposed for 
        retirement, including for each such aircraft--
                    (A) the type;
                    (B) the variant; and
                    (C) the military installation where such aircraft is 
                based.
            (3) A list of each unit affected by a proposed retirement 
        listed under paragraph (2) and how such unit is affected.
            (4) For each military installation listed under paragraph 
        (2)(C), changes, if any, to the mission of the installation as a 
        result of a proposed retirement.
            (5) Any anticipated reductions in manpower as a result of a 
        proposed retirement listed under paragraph (2).

[[Page 123 STAT. 2223]]

SEC. 139. STRATEGIC AIRLIFT FORCE STRUCTURE.

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

               Subtitle E--Joint and Multiservice Matters

SEC. 141. BODY ARMOR PROCUREMENT.

    (a) Procurement.--The Secretary of Defense shall ensure that body 
armor is procured using funds authorized to be appropriated by this 
title.
    (b) Procurement <<NOTE: 10 USC 221 note.>> Line Item.--In the budget 
materials submitted to the President by the Secretary of Defense in 
connection with the submission to Congress, pursuant to section 1105 of 
title 31, United States Code, of the budget for fiscal year 2011, and 
each subsequent fiscal year, the Secretary shall ensure that within each 
military department procurement account, a separate, dedicated 
procurement line item is designated for body armor.
SEC. 142. UNMANNED CARGO-CARRYING-CAPABLE AERIAL VEHICLES.

    None <<NOTE: Deadline. Certification.>> of the amounts authorized to 
be appropriated for procurement may be obligated or expended for an 
unmanned cargo-carrying-capable aerial vehicle until a period of 15 days 
has elapsed after the date on which the Vice Chairman of the Joint 
Chiefs of Staff and the Under Secretary of Defense for Acquisition, 
Technology, and Logistics certify to the congressional defense 
committees that the Joint Requirements Oversight Council has approved a 
joint and common requirement for an unmanned cargo-carrying-capable 
aerial vehicle type.
SEC. 143. MODIFICATION OF NATURE OF DATA LINK FOR USE BY TACTICAL 
                        UNMANNED AERIAL VEHICLES.

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

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

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Relation to funding table.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Extension and enhancement of Global Research Watch Program.
Sec. 212. Permanent authority for the Joint Defense Manufacturing 
           Technology Panel.
Sec. 213. Elimination of report requirements regarding Defense Science 
           and Technology Program.
Sec. 214. Authorization for the Secretary of the Navy to purchase 
           infrastructure and Government purpose rights license 
           associated with the Navy-Marine Corps intranet.

[[Page 123 STAT. 2224]]

Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission 
           Submersible program.
Sec. 216. Separate program elements required for research and 
           development of individual body armor and associated 
           components.
Sec. 217. Separate procurement and research, development, test, and 
           evaluation line items and program elements for the F-35B and 
           F-35C joint strike fighter aircraft.
Sec. 218. Restriction on obligation of funds for Army tactical ground 
           network program pending receipt of report.
Sec. 219. Programs for ground combat vehicle and self-propelled howitzer 
           capabilities for the Army.
Sec. 220. Guidance on budget justification materials describing funding 
           requested for operation, sustainment, modernization, and 
           personnel of major ranges and test facilities.
Sec. 221. Assessment of technological maturity and integration risk of 
           Army modernization programs.
Sec. 222. Assessment of activities for technology modernization of the 
           combat vehicle and armored tactical wheeled vehicle fleets.

                  Subtitle C--Missile Defense Programs

Sec. 231. Sense of Congress on ballistic missile defense.
Sec. 232. Assessment and plan for the Ground-based Midcourse Defense 
           element of the Ballistic Missile Defense System.
Sec. 233. Continued production of Ground-based Interceptor missile and 
           operation of Missile Field 1 at Fort Greely, Alaska.
Sec. 234. Limitation on availability of funds for acquisition or 
           deployment of missile defenses in Europe.
Sec. 235. Authorization of funds for development and deployment of 
           alternative missile defense systems in Europe.
Sec. 236. Comprehensive plan for test and evaluation of the ballistic 
           missile defense system.
Sec. 237. Study on discrimination capabilities of ballistic missile 
           defense system.
Sec. 238. Ascent phase missile defense strategy and plan.
Sec. 239. Extension of deadline for study on boost-phase missile 
           defense.

                           Subtitle D--Reports

Sec. 241. Repeal of requirement for biennial joint warfighting science 
           and technology plan.
Sec. 242. Modification of reporting requirement for defense 
           nanotechnology research and development program.
Sec. 243. Comptroller General assessment of coordination of energy 
           storage device requirements, purchases, and investments.
Sec. 244. Annual Comptroller General report on the F-35 Lightning II 
           aircraft acquisition program.
Sec. 245. Report on integration of Department of Defense intelligence, 
           surveillance, and reconnaissance capabilities.
Sec. 246. Report on future research and development of man-portable and 
           vehicle-mounted guided missile systems.
Sec. 247. Report on the development of command and control systems.
Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems.

                        Subtitle E--Other Matters

Sec. 251. Enhancement of duties of Director of Department of Defense 
           Test Resource Management Center with respect to the Major 
           Range and Test Facility Base.
Sec. 252. Establishment of program to enhance participation of 
           historically black colleges and universities and minority-
           serving institutions in defense research programs.
Sec. 253. Extension of authority to award prizes for advanced technology 
           achievements.
Sec. 254. Authority for National Aeronautics and Space Administration 
           federally funded research and development centers to 
           participate in merit-based technology research and 
           development programs.
Sec. 255. Next generation bomber aircraft.

[[Page 123 STAT. 2225]]

               Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Army, $10,638,534,000.
            (2) For the Navy, $19,607,161,000.
            (3) For the Air Force, $28,401,642,000.
            (4) For Defense-wide activities, $20,604,271,000, of which 
        $190,770,000 is authorized for the Director of Operational Test 
        and Evaluation.
SEC. 202. RELATION TO FUNDING TABLE.

    The amounts authorized to be appropriated by section 201 shall be 
available, in accordance with the requirements of section 4001, for 
projects, programs, and activities, and in the amounts, specified in the 
funding table in section 4201.

     Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. EXTENSION AND ENHANCEMENT OF GLOBAL RESEARCH WATCH 
                        PROGRAM.

    (a) Limitation on Availability of Certain Funds for Military 
Departments Pending Provision of Assistance Under Program.--Subsection 
(d) of section 2365 of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3)(A) <<NOTE: Certification.>>  Funds available to a military 
department for a fiscal year for monitoring or analyzing the research 
activities and capabilities of foreign nations may not be obligated or 
expended until the Director certifies to the Under Secretary of Defense 
for Acquisition, Technology, and Logistics that the Secretary of such 
military department has provided the assistance required under paragraph 
(2).

    ``(B) The limitation in subparagraph (A) shall not be construed to 
alter or effect the availability to a military department of funds for 
intelligence activities.''.
    (b) Four-year Extension of Program.--Subsection (f) of such section 
is amended by striking ``September 30, 2011'' and inserting ``September 
30, 2015''.
SEC. 212. PERMANENT AUTHORITY FOR THE JOINT DEFENSE MANUFACTURING 
                        TECHNOLOGY PANEL.

    Section 2521 of title 10, United States Code, 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

[[Page 123 STAT. 2226]]

personnel of the military departments and Defense Agencies with 
manufacturing technology programs.
    ``(B) The Panel shall be composed of at least one individual from 
among appropriate personnel of each military department and Defense 
Agency with manufacturing technology programs. The Panel may include as 
ex-officio members such individuals from other government organizations, 
academia, and industry as the Chair considers appropriate.
    ``(3) The purposes of the Panel shall be as follows:
            ``(A) To identify and integrate requirements for the 
        program.
            ``(B) To conduct joint planning for the program.
            ``(C) To develop joint strategies for the program.

    ``(4) In carrying out the purposes specified in paragraph (3), the 
Panel shall perform the functions as follows:
            ``(A) Conduct comprehensive reviews and assessments of 
        defense-related manufacturing issues being addressed by the 
        manufacturing technology programs and related activities of the 
        Department of Defense.
            ``(B) Execute strategic planning to identify joint planning 
        opportunities for increased cooperation in the development and 
        implementation of technological products and the leveraging of 
        funding for such purposes with the private sector and other 
        government agencies.
            ``(C) Ensure the integration and coordination of 
        requirements and programs under the program with the Office of 
        the Secretary of Defense and other national-level initiatives, 
        including the establishment of information exchange processes 
        with other government agencies, private industry, academia, and 
        professional associations.
            ``(D) Conduct such other functions as the Under Secretary of 
        Defense for Acquisition, Technology, and Logistics shall 
        specify.

    ``(5) The Panel shall report to and receive direction from the 
Director of Defense Research and Engineering on manufacturing technology 
issues of multi-service concern and application.
    ``(6) The administrative expenses of the Panel shall be borne by 
each military department and Defense Agency with manufacturing 
technology programs in such manner as the Panel shall provide.''.
SEC. 213. ELIMINATION OF REPORT REQUIREMENTS REGARDING DEFENSE 
                        SCIENCE AND TECHNOLOGY PROGRAM.

    Section <<NOTE: Repeal.>>  212 of the National Defense Authorization 
Act for Fiscal Year 2000 (10 U.S.C. 2501 note) is repealed.
SEC. 214. AUTHORIZATION FOR THE SECRETARY OF THE NAVY TO PURCHASE 
                        INFRASTRUCTURE AND GOVERNMENT PURPOSE 
                        RIGHTS LICENSE ASSOCIATED WITH THE NAVY-
                        MARINE CORPS INTRANET.

    (a) Purchases Authorized.--The Secretary of the Navy may enter into 
one or more contracts for the purchase of infrastructure and Government 
purpose rights for any or all technical data, computer software, and 
computer software documentation used or created under the Navy-Marine 
Corps Intranet multiyear contract, as in effect on the date of the 
enactment of this Act, if the Secretary determines that such a purchase 
would be in the best interest of the Department of the Navy.

[[Page 123 STAT. 2227]]

    (b) Contract Requirements.--Under a contract entered into under this 
section, the Secretary may purchase any discrete component or item of 
technical data, computer software, or computer software documentation of 
the Navy-Marine Corps Intranet and may obligate the Government only to 
amounts provided in advance in appropriations Acts specifically for the 
purpose of the contract. This section shall not apply to any purchases 
using funds available to the Department of the Navy for any fiscal year 
that begins before October 1, 2010.
    (c) Limitation.--A contract entered into under this section may not, 
in any way, commit the Secretary or the Government to purchase any 
additional components or other items of technical data, computer 
software, or computer software documentation in subsequent years.
    (d) Limitation on Liability.--A contract entered into under this 
section shall limit the amount of Government liability under the 
contract to the amount of appropriations available for such purpose at 
the time the Secretary enters into the contract or on the date an option 
is exercised.
    (e) Purchase Before End of Contract Period.--Nothing in this section 
and nothing in any contract entered into under this section shall 
preclude the Secretary from purchasing the infrastructure and Government 
purpose rights for all technical data, computer software, and computer 
software documentation used or created under the Navy-Marine Corps 
Intranet multiyear contract, as in effect on the date of the enactment 
of this Act, prior to the end of the contract period, for whatever 
reason the Secretary determine is appropriate.
SEC. 215. LIMITATION ON EXPENDITURE OF FUNDS FOR JOINT MULTI-
                        MISSION SUBMERSIBLE PROGRAM.

    None of the funds authorized to be appropriated by this or any other 
Act for fiscal year 2010 may be obligated or expended for the Joint 
Multi-Mission Submersible program to proceed beyond Milestone B approval 
(as that term is defined in section 2366(e)(7) of title 10, United 
States Code) until the Secretary of Defense, in consultation with the 
Director of National Intelligence--
            (1) <<NOTE: Assessment.>>  completes an assessment on the 
        feasibility of a cost-sharing agreement between the Department 
        of Defense and the intelligence community (as that term is 
        defined in section 3(4) of the National Security Act of 1947 (50 
        U.S.C. 401a(4))), for the Joint Multi-Mission Submersible 
        program;
            (2) submits to the congressional defense committees and the 
        intelligence committees (as that term is defined in section 3(7) 
        of the National Security Act of 1947 (50 U.S.C. 401a(7)) the 
        assessment referred to in paragraph (1); and
            (3) <<NOTE: Certification.>> certifies to the congressional 
        defense committees and the intelligence committees that any 
        agreement developed pursuant to the assessment referred to in 
        paragraph (1) represents the most effective and affordable means 
        of delivery for meeting a validated program requirement.
SEC. 216. <<NOTE: 10 USC 221 note.>> SEPARATE PROGRAM ELEMENTS 
                        REQUIRED FOR RESEARCH AND DEVELOPMENT OF 
                        INDIVIDUAL BODY ARMOR AND ASSOCIATED 
                        COMPONENTS.

    In the budget materials submitted to the President by the Secretary 
of Defense in connection with the submission to Congress, pursuant to 
section 1105 of title 31, United States Code, of the

[[Page 123 STAT. 2228]]

budget for fiscal year 2011, and each subsequent fiscal year, the 
Secretary shall ensure that within each research, development, test, and 
evaluation account of each military department a separate, dedicated 
program element is assigned to the research and development of 
individual body armor and associated components.
SEC. <<NOTE: 10 USC 221 note.>> 217. SEPARATE PROCUREMENT AND 
                        RESEARCH, DEVELOPMENT, TEST, AND 
                        EVALUATION LINE ITEMS AND PROGRAM ELEMENTS 
                        FOR THE F-35B AND F-35C JOINT STRIKE 
                        FIGHTER AIRCRAFT.

    In the budget materials submitted to the President by the Secretary 
of Defense in connection with the submission to Congress, pursuant to 
section 1105 of title 31, United States Code, of the budget for fiscal 
year 2011, and each subsequent fiscal year, the Secretary shall ensure 
that within the Navy research, development, test, and evaluation account 
and the Navy aircraft procurement account, a separate, dedicated line 
item and program element is assigned to each of the F-35B aircraft and 
the F-35C aircraft, to the extent that such accounts include funding for 
each such aircraft.
SEC. 218. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TACTICAL 
                        GROUND NETWORK PROGRAM PENDING RECEIPT OF 
                        REPORT.

    (a) Limitation on Obligation of Research and Development Funding.--
Of the funds authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2010 for research and development for the 
Army, for the program elements specified in subsection (c), not more 
than 50 percent may be obligated or expended until 30 days after the 
Under Secretary of Defense for Acquisition, Technology, and Logistics 
submits to Congress a report on the acquisition strategy, requirements, 
and cost estimates for the Army tactical ground network program.
    (b) Army Tactical Ground Network Program Defined.--For the purposes 
of subsection (a), the term ``Army tactical ground network program'' 
means the new tactical ground network major defense acquisition program 
derived from the Future Combat Systems Brigade Combat Team program 
network, and directed to be initiated by the memorandum entitled 
``Future Combat Systems Brigade Combat Team Acquisition Decision 
Memorandum'', which was signed by the Under Secretary of Defense for 
Acquisition, Technology, and Logistics on June 23, 2009.
    (c) Army Tactical Ground Network Program Elements Specified.--The 
program elements specified in this subsection are the following:
            (1) Future Combat Systems of Systems Engineering and Program 
        Management.
            (2) Future Combat Systems Sustainment and Training Research 
        and Development.
            (3) Any other program element specified by the Secretary of 
        Defense to fund the Army tactical ground network program.
SEC. 219. PROGRAMS FOR GROUND COMBAT VEHICLE AND SELF-PROPELLED 
                        HOWITZER CAPABILITIES FOR THE ARMY.

    (a) Programs Required.--
            (1) In general.--The Secretary of Defense shall carry out a 
        separate program to achieve each of the following:

[[Page 123 STAT. 2229]]

                    (A) The development, test, and fielding of an 
                operationally effective, suitable, survivable, and 
                affordable next generation ground combat vehicle for the 
                Army.
                    (B) The development, test, and fielding of an 
                operationally effective, suitable, survivable, and 
                affordable next generation self-propelled howitzer 
                capability for the Army.
            (2) Compliance with certain acquisition requirements.--Each 
        program under paragraph (1) shall comply with the requirements 
        of the Weapons Systems Acquisition Reform Act of 2009, and the 
        amendments made by that Act.

    (b) Strategy and Plan for Acquisition.--
            (1) In general.-- <<NOTE: Deadline. Reports.>> Not later 
        than March 31, 2010, the Secretary shall submit to the 
        congressional defense committees a report setting forth a 
        strategy and plan for the acquisition of weapon systems under 
        the programs required by subsection (a). Each strategy and plan 
        shall include measurable goals and objectives for the 
        acquisition of such weapon systems, and shall identify all 
        proposed major development, testing, procurement, and fielding 
        events toward the achievement of such goals and objectives.
            (2) Elements.--In developing each strategy and plan under 
        paragraph (1), the Secretary shall consider the following:
                    (A) A single vehicle or family of vehicles utilizing 
                a common chassis and automotive components.
                    (B) The incorporation of weapon, vehicle, 
                communications, network, and system of systems common 
                operating environment technologies developed under the 
                Future Combat Systems program.

    (c) Annual Reports.--
            (1) Reports required.--The Secretary shall submit to the 
        congressional defense committees, at the same time the President 
        submits to Congress the budget for each of fiscal years 2011 
        through 2015 (as submitted pursuant to section 1105(a) of title 
        31, United States Code), a report on the investments proposed to 
        be made under such budget with respect to each program required 
        by subsection (a).
            (2) Elements.--Each report under paragraph (1) shall set 
        forth, for the fiscal year covered by the budget with which such 
        report is submitted--
                    (A) the manner in which amounts requested in such 
                budget would be available for each program required by 
                subsection (a); and
                    (B) an assessment of the extent to which utilizing 
                such amount in such manner would improve ground combat 
                capabilities for the Army.
SEC. 220. <<NOTE: 10 USC 221 note.>> GUIDANCE ON BUDGET 
                        JUSTIFICATION MATERIALS DESCRIBING FUNDING 
                        REQUESTED FOR OPERATION, SUSTAINMENT, 
                        MODERNIZATION, AND PERSONNEL OF MAJOR 
                        RANGES AND TEST FACILITIES.

    (a) Guidance on Budget Justification Materials.--The Secretary of 
Defense, acting through the Under Secretary of Defense (Comptroller) and 
the Director of the Department of Defense Test Resource Management 
Center, shall issue guidance clarifying and standardizing the 
information required in budget justification materials describing 
amounts to be requested in the budget of the President for a fiscal year 
(as submitted to Congress pursuant

[[Page 123 STAT. 2230]]

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. 221. ASSESSMENT OF TECHNOLOGICAL MATURITY AND INTEGRATION 
                        RISK OF ARMY MODERNIZATION PROGRAMS.

    (a) Assessment Required.--The Director of Defense Research and 
Engineering shall, in consultation with the Director of Developmental 
Test and Evaluation, review and assess the technological maturity and 
integration risk of critical technologies (as jointly identified by the 
Director and the Secretary of the Army for purposes of this section) of 
Army modernization programs and appropriate associated systems and 
programs, including the programs as follows:
            (1) Ground Combat Vehicle.
            (2) Future Combat Systems network hardware and software.
            (3) Warfighter Information Network-Tactical, Increment 3.
            (4) Appropriate portions of the Joint Tactical Radio System, 
        including Ground Mobile Radios, Handheld, Manpack, Small Form 
        Fit Radios, and Network Enterprise Domain.
            (5) Non-Line of Sight Launch System.
            (6) Small Unmanned Ground Vehicle.
            (7) Class I Unmanned Aerial Vehicle.
            (8) Class IV Unmanned Aerial Vehicle.
            (9) Multifunction Utility/Logistics Equipment Vehicle.
            (10) Tactical Unattended Ground Sensors.
            (11) Urban Unattended Ground Sensors.
            (12) Any other programs jointly identified by the Director 
        and the Secretary for purposes of this section.

    (b) Report.--Not later than nine months after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the technological maturity 
and integration risk of critical technologies of Army modernization 
programs and associated systems and programs covered by the review and 
assessment required under subsection (a), as determined pursuant to that 
assessment.
SEC. 222. ASSESSMENT OF ACTIVITIES FOR TECHNOLOGY MODERNIZATION OF 
                        THE COMBAT VEHICLE AND ARMORED TACTICAL 
                        WHEELED VEHICLE FLEETS.

    (a) Independent Assessment of Strategy Required.--
            (1) In general.--Not <<NOTE: Deadline. Contracts.>> later 
        than 30 days after the date of the enactment of this Act, the 
        Secretary of Defense shall enter into a contract with an 
        appropriate entity independent

[[Page 123 STAT. 2231]]

        of the United States Government to conduct an independent 
        assessment of current, anticipated, and potential research, 
        development, test, and evaluation activities for or applicable 
        to the modernization of the combat vehicle fleet and armored 
        tactical wheeled vehicle fleet of the Department of Defense.
            (2) Access to information and resources.--The Secretary 
        shall provide the entity with which the Secretary enters into a 
        contract under paragraph (1) with access to such information and 
        resources as are appropriate for the entity to conduct the 
        assessment required by that paragraph.

    (b) Reports.--
            (1) In general.--The contract required by subsection (a) 
        shall provide that the entity with which the Secretary enters 
        into a contract under that subsection shall submit to the 
        Secretary and the congressional defense committees--
                    (A) an interim report on the assessment required by 
                that subsection by not later than July 31, 2010; and
                    (B) a final report on such assessment by not later 
                than December 31, 2010.
            (2) Elements.--Each of the reports required by paragraph (1) 
        shall include the following:
                    (A) A detailed discussion of the requirements and 
                capability needs identified or proposed for current and 
                prospective combat vehicles and armored tactical wheeled 
                vehicles.
                    (B) An identification of capability gaps for combat 
                vehicles and armored tactical wheeled vehicles based on 
                lessons learned from recent conflicts and an assessment 
                of emerging threats.
                    (C) An identification of the critical technology 
                elements or integration risks associated with particular 
                categories of combat vehicles and armored tactical 
                wheeled vehicles, and with particular missions of such 
                vehicles.
                    (D) Recommendations with respect to actions that 
                could be taken to develop and deploy, during the ten-
                year period beginning on the date of the submittal of 
                the report, critical technology capabilities to address 
                the capability gaps identified pursuant to subparagraph 
                (B), including an identification of high priority 
                science and technology, research and engineering, and 
                prototyping opportunities.
                    (E) Such other matters as the Secretary considers 
                appropriate.

                  Subtitle C--Missile Defense Programs

SEC. 231. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.

    It is the sense of Congress that--
            (1) the United States should develop, test, field, and 
        maintain operationally-effective and cost-effective ballistic 
        missile defense systems that are capable of defending the United 
        States, its forward-deployed forces, allies, and other friendly 
        nations from the threat of ballistic missile attacks from 
        nations such as North Korea and Iran;
            (2) the missile defense force structure and inventory levels 
        of such missile defense systems should be determined based on an 
        assessment of ballistic missile threats and a determination by 
        senior military leaders, combatant commanders, and

[[Page 123 STAT. 2232]]

        defense officials of the requirements and capabilities needed to 
        address those threats; and
            (3) the test and evaluation program for such missile defense 
        systems should be operationally realistic and provide a high 
        level of confidence in the capability of such systems (including 
        their continuing effectiveness over the course of their service 
        lives), and adequate resources should be available for that test 
        and evaluation program (including interceptor missiles and 
        targets for flight tests).
SEC. 232. ASSESSMENT AND PLAN FOR THE GROUND-BASED MIDCOURSE 
                        DEFENSE ELEMENT OF THE BALLISTIC MISSILE 
                        DEFENSE SYSTEM.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should ensure the reliability, availability, 
maintainability, and supportability of the Ground-based Midcourse 
Defense element of the Ballistic Missile Defense system throughout the 
service life of such element.
    (b) Assessment Required.--
            (1) In general.--As part of the quadrennial defense review, 
        the Nuclear Posture Review, and the Ballistic Missile Defense 
        Review, the Secretary of Defense shall conduct an assessment of 
        the following:
                    (A) Ground-based Midcourse Defense element of the 
                Ballistic Missile Defense system.
                    (B) Future options for the Ground-based Midcourse 
                Defense element.
            (2) Elements.--The assessment required by paragraph (1) 
        shall include an assessment of the following:
                    (A) The ballistic missile threat against which the 
                Ground-based Midcourse Defense element is intended to 
                defend.
                    (B) The military requirements for Ground-based 
                Midcourse Defense capabilities against such missile 
                threat.
                    (C) The capabilities of the Ground-based Midcourse 
                Defense element as of the date of the assessment.
                    (D) The planned capabilities of the Ground-based 
                Midcourse Defense element, if different from the 
                capabilities under subparagraph (C).
                    (E) The force structure and inventory levels 
                necessary for the Ground-based Midcourse Defense element 
                to achieve the planned capabilities of that element, 
                including an analysis of the costs and the potential 
                advantages and disadvantages of deploying 44 operational 
                Ground-based Interceptor missiles.
                    (F) The infrastructure necessary to achieve such 
                capabilities, including the number and location of 
                operational silos.
                    (G) The number of Ground-based Interceptor missiles 
                necessary for operational assets, test assets (including 
                developmental and operational test assets and aging and 
                surveillance test assets), and spare missiles.
            (3) Report.--At or about the same time the budget of the 
        President for fiscal year 2011 is submitted to Congress pursuant 
        to section 1105 of title 31, United States Code, the Secretary 
        shall submit to the congressional defense committees a report 
        setting forth the results of the assessment required

[[Page 123 STAT. 2233]]

        by paragraph (1). The report shall be in unclassified form, but 
        may include a classified annex.

    (c) Plan Required.--
            (1) In general.--In addition to the assessment required by 
        subsection (b), the Secretary shall establish a plan for the 
        Ground-based Midcourse Defense element of the Ballistic Missile 
        Defense system. The plan shall cover the period of the future-
        years defense program that is submitted to Congress under 
        section 221 of title 10, United States Code, 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) <<NOTE: Deadline.>> not later than 120 days after 
        receiving the assessment and the plan, provide to the 
        congressional defense committees the results of the review.
SEC. 233. CONTINUED PRODUCTION OF GROUND-BASED INTERCEPTOR MISSILE 
                        AND OPERATION OF MISSILE FIELD 1 AT FORT 
                        GREELY, ALASKA.

    (a) Limitation on Break in Production.--The Secretary of Defense 
shall ensure that the Director of the Missile Defense Agency

[[Page 123 STAT. 2234]]

does not allow a break in production of the Ground-based Interceptor 
missile until the Secretary has--
            (1) <<NOTE: Review.>> completed the Ballistic Missile 
        Defense Review;
            (2) <<NOTE: Determination.>> made a determination with 
        respect to the number of Ground-based Interceptor missiles that 
        will be necessary to support the service life of the Ground-
        based Midcourse Defense element of the Ballistic Missile Defense 
        System; and
            (3) <<NOTE: Reports.>> submitted to the congressional 
        defense committees a report containing such determination.

    (b) Limitation on Certain Actions With Respect to Missile Field 1 
and Missile Field 2 at Fort Greely, Alaska.--
            (1) Limitation on decommissioning of missile field 1.--The 
        Secretary of Defense shall ensure that Missile Field 1 at Fort 
        Greely, Alaska, is not completely decommissioned until six silos 
        are operationally available in Missile Field 2 at Fort Greely.
            (2) Limitation with respect to disposition of silos at 
        missile field 2.-- <<NOTE: Deadline.>> The Secretary of Defense 
        shall ensure that no irreversible decision is made with respect 
        to the number of silos at Missile Field 2 at Fort Greely, 
        Alaska, until the date that is 60 days after the date on which 
        the reports required by subsections (b)(3) and (c)(3) of section 
        232 are submitted to the congressional defense committees.
SEC. 234. <<NOTE: 10 USC 2431 note.>> LIMITATION ON AVAILABILITY 
                        OF FUNDS FOR ACQUISITION OR DEPLOYMENT OF 
                        MISSILE DEFENSES IN EUROPE.

    No <<NOTE: Reports. Certification.>> funds authorized to be 
appropriated by this Act or otherwise made available for the Department 
of Defense for fiscal year 2010 or any fiscal year thereafter may be 
obligated or expended for the acquisition (other than initial long-lead 
procurement) or deployment of operational missiles of a long-range 
missile defense system in Europe until the Secretary of Defense, after 
receiving the views of the Director of Operational Test and Evaluation, 
submits to the congressional defense committees a report certifying that 
the proposed interceptor to be deployed as part of such missile defense 
system has demonstrated, through successful, operationally realistic 
flight testing, a high probability of working in an operationally 
effective manner and that such missile defense system has the ability to 
accomplish the mission.
SEC. 235. AUTHORIZATION OF FUNDS FOR DEVELOPMENT AND DEPLOYMENT OF 
                        ALTERNATIVE MISSILE DEFENSE SYSTEMS IN 
                        EUROPE.

    (a) Authorization of Funds for Alternative European Missile Defense 
Systems.--Of the funds authorized to be appropriated or otherwise made 
available for fiscal years 2009 and 2010 for the Missile Defense Agency 
for the purpose of developing missile defenses in Europe, $309,000,000 
shall be available for research, development, test, and evaluation, 
procurement, or deployment of alternative missile defense systems or 
their subsystems designed to protect Europe, and the United States in 
the case of long-range missile threats, from the threats posed by 
current and future Iranian ballistic missiles of all ranges, if the 
Secretary of Defense submits to the congressional defense committees a 
report certifying that such systems are expected to be--
            (1) consistent with the direction from the North Atlantic 
        Council to address ballistic missile threats to Europe and the

[[Page 123 STAT. 2235]]

        United States in a prioritized manner that includes 
        consideration of the imminence of the threat and the level of 
        acceptable risk;
            (2) operationally-effective and cost-effective in providing 
        protection for Europe, and the United States in the case of 
        long-range missile threats, against current and future Iranian 
        ballistic missile threats; and
            (3) interoperable, to the extent practical, with other 
        components of missile defense and complementary to the missile 
        defense strategy of the North Atlantic Treaty Organization.

    (b) Construction.--Except as provided in subsection (a), nothing in 
this section shall be construed as limiting or preventing the Secretary 
of Defense from pursuing the development or deployment of operationally-
effective and cost-effective ballistic missile defense systems in 
Europe.
    (c) Independent Assessment.--
            (1) <<NOTE: Deadline. Contracts.>> In general.--Not later 
        than 60 days after the date of the enactment of this Act, the 
        Secretary of Defense shall enter into a contract with a 
        federally funded research and development center to conduct an 
        independent assessment evaluating the operational-effectiveness 
        and cost-effectiveness of the alternative missile defense 
        architecture announced by the President on September 17, 2009.
            (2) Report.--Not later than June 1, 2010, the Secretary 
        shall submit to the congressional defense committees a report on 
        the independent assessment conducted under paragraph (1).
SEC. 236. COMPREHENSIVE PLAN FOR TEST AND EVALUATION OF THE 
                        BALLISTIC MISSILE DEFENSE SYSTEM.

    (a) Plan Required.--
            (1) In general.--The Secretary of Defense shall establish a 
        comprehensive plan for the developmental and operational testing 
        and evaluation of the ballistic missile defense system and its 
        various elements.
            (2) Period of plan.--The plan shall cover the period covered 
        by the future-years defense program that is submitted to 
        Congress under section 221 of title 10, United States Code, at 
        or about the same time as the submittal to Congress of the 
        budget of the President for fiscal year 2011.
            (3) Input.--In establishing the plan, the Secretary shall 
        receive input on matters covered by the plan from the following:
                    (A) The Director of the Missile Defense Agency.
                    (B) The Director of Operational Test and Evaluation.
                    (C) The operational test components of the military 
                departments.

    (b) Elements.--The plan required by subsection (a) shall include, 
with respect to developmental and operational testing of the ballistic 
missile defense system, the following:
            (1) Test and evaluation objectives.
            (2) Test and evaluation criteria and metrics.
            (3) Test and evaluation procedures and methodology.
            (4) Data requirements.
            (5) System and element configuration under test.
            (6) Approaches to verification, validation, and 
        accreditation of models and simulations.

[[Page 123 STAT. 2236]]

            (7) The relative role of models and simulations, ground 
        tests, and flight tests in achieving the objectives of the plan.
            (8) Test infrastructure and resources, including test range 
        limitations and potential range enhancements.
            (9) Test readiness review approaches and methodology.
            (10) Testing for system and element integration and 
        interoperability.
            (11) Means for achieving operational realism and means of 
        demonstrating operational effectiveness, suitability, and 
        survivability.
            (12) Detailed descriptions of planned tests.
            (13) A description of the resources required to implement 
        the plan.

    (c) Report.--
            (1) In general.--Not later than March 1, 2010, the Secretary 
        shall submit to the congressional defense committees a report 
        setting forth and describing the plan required by subsection (a) 
        and each of the elements required in the plan under subsection 
        (b).
            (2) Additional information on ground-based midcourse 
        defense.--The report required by this subsection shall, in 
        addition to the matters specified in paragraph (1), include a 
        detailed description of the test and evaluation activities 
        pertaining to the Ground-based Midcourse Defense element of the 
        ballistic missile defense system as follows:
                    (A) Plans for salvo testing.
                    (B) Plans for multiple simultaneous engagement 
                testing.
                    (C) Plans for intercept testing using the Cobra Dane 
                radar as the engagement sensor.
                    (D) Plans to test and demonstrate the ability of the 
                system to accomplish its mission over the planned term 
                of its operational service life (also known as 
                ``sustainment testing'').
            (3) Form.--The report required by this subsection shall be 
        submitted in unclassified form, but may include a classified 
        annex.
SEC. 237. STUDY ON DISCRIMINATION CAPABILITIES OF BALLISTIC 
                        MISSILE DEFENSE SYSTEM.

    (a) Study.--The Secretary of Defense shall enter into an arrangement 
with the JASON Defense Advisory Panel under which JASON shall carry out 
a study on the discrimination capabilities and limitations of the 
ballistic missile defense system of the United States, including such 
discrimination capabilities that exist or are planned as of the date of 
the study.
    (b) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate congressional 
committees a report containing the study.
    (c) Form.--The report under subsection (b) may be submitted in 
classified form, but shall contain an unclassified summary.
SEC. 238. ASCENT PHASE MISSILE DEFENSE STRATEGY AND PLAN.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report containing a strategy and plan for ascent 
phase missile defense.

[[Page 123 STAT. 2237]]

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

    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
SEC. 239. EXTENSION OF DEADLINE FOR STUDY ON BOOST-PHASE MISSILE 
                        DEFENSE.

    Section 232(c)(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4392) is amended by striking ``October 31, 2010'' and inserting ``March 
1, 2011''.

                           Subtitle D--Reports

SEC. 241. REPEAL OF REQUIREMENT FOR BIENNIAL JOINT WARFIGHTING 
                        SCIENCE AND TECHNOLOGY PLAN.

    Section 270 of the National Defense Authorization Act for Fiscal 
Year 1997 (10 U.S.C. 2501 note) is repealed.
SEC. 242. MODIFICATION OF REPORTING REQUIREMENT FOR DEFENSE 
                        NANOTECHNOLOGY RESEARCH AND DEVELOPMENT 
                        PROGRAM.

    Section 246 of the Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2358 note) is amended by 
striking subsection (e) and inserting the following new subsection (e):

[[Page 123 STAT. 2238]]

    ``(e) Reports.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit to the National Science and 
Technology Council information on the program that covers the 
information described in paragraphs (1) through (5) of section 2(d) of 
the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 
7501(d)) to be included in the annual report submitted by the Council 
under that section.''.
SEC. 243. COMPTROLLER GENERAL ASSESSMENT OF COORDINATION OF ENERGY 
                        STORAGE DEVICE REQUIREMENTS, PURCHASES, 
                        AND INVESTMENTS.

    (a) Assessment Required.--The Comptroller General shall conduct an 
assessment of the degree to which requirements, technology goals, and 
research and procurement investments in energy storage technologies are 
coordinated within and among the military departments, appropriate 
Defense Agencies, and other elements of the Department of Defense. In 
carrying out such assessment, the Comptroller General shall--
            (1) assess the expenses incurred by the Department of 
        Defense in the research, development, testing, evaluation, and 
        procurement of energy storage devices;
            (2) compare quantities of types of devices in use or under 
        development that rely on commercial energy storage technologies 
        and that use military-unique, proprietary, or specialty devices;
            (3) assess the process by which a determination is made by 
        an acquisition official of the Department of Defense to pursue a 
        commercially available or custom-made energy storage device;
            (4) assess the process used to develop requirements for the 
        development and procurement of energy storage devices;
            (5) assess the coordination of the activities of the 
        Department of Defense and the Department of Energy with respect 
        to the research, development, procurement, and use of energy 
        storage devices;
            (6) assess the coordination of Department of Defense-wide 
        activities in energy storage device research, development, 
        procurement, and use;
            (7) assess the process used to standardize the form, fit, 
        and function of energy storage devices, and make recommendations 
        with respect to how the Department should improve that process; 
        and
            (8) assess whether there are commercial advances in portable 
        power technology, including hybrid systems, fuel cells, and 
        electrochemical capacitors, or other relevant technologies, that 
        could be better leveraged by the Department.

    (b) Report.--Not later than December 31, 2010, the Comptroller 
General shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the findings and 
recommendations of the Comptroller General with respect to the 
assessment conducted under subsection (a).
    (c) Coordination.--In carrying out subsection (a), the Comptroller 
General shall coordinate with the Secretary of Energy and the heads of 
other appropriate Federal agencies.
SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE F-35 LIGHTNING 
                        II AIRCRAFT ACQUISITION PROGRAM.

    (a) Annual GAO Review.--The Comptroller General shall conduct an 
annual review of the F-35 Lightning II aircraft acquisition

[[Page 123 STAT. 2239]]

program and shall, not later than March 15 of each of 2010 through 2015, 
submit to the congressional defense committees a report on the results 
of the most recent review.
    (b) Matters to Be Included.--Each report on the F-35 program under 
subsection (a) shall include each of the following:
            (1) The extent to which the acquisition program is meeting 
        development and procurement cost, schedule, and performance 
        goals.
            (2) The progress and results of developmental and 
        operational testing and plans for correcting deficiencies in 
        aircraft performance, operational effectiveness, and 
        suitability.
            (3) Aircraft procurement plans, production results, and 
        efforts to improve manufacturing efficiency and supplier 
        performance.
SEC. 245. REPORT ON INTEGRATION OF DEPARTMENT OF DEFENSE 
                        INTELLIGENCE, SURVEILLANCE, AND 
                        RECONNAISSANCE CAPABILITIES.

    Of the amounts authorized to be appropriated in this Act for program 
element 11815F for advanced strategic programs, not more than 50 percent 
of such amounts may be obligated or expended until the date that is 30 
days after the date on which the Under Secretary of Defense for 
Intelligence submits the report required under section 923(d)(1) of the 
National Defense Authorization Act for 2004 (Public Law 108-136; 117 
Stat. 1576), including the elements of the report described in 
subparagraphs (D), (E), and (F) of such section 923(d)(1).
SEC. 246. REPORT ON FUTURE RESEARCH AND DEVELOPMENT OF MAN-
                        PORTABLE AND VEHICLE-MOUNTED GUIDED 
                        MISSILE SYSTEMS.

    (a) Report.--Not later than February 15, 2010, the Secretary of the 
Army shall submit to Congress a report on future research and 
development of man-portable and vehicle-mounted guided missile systems 
to replace the current Javelin and TOW systems. Such report shall 
include--
            (1) an examination of current requirements for anti-armor 
        missile systems;
            (2) an analysis of battlefield uses other than anti-armor;
            (3) an analysis of changes required to the current Javelin 
        and TOW systems to maximize effectiveness and lethality in 
        situations other than anti-armor;
            (4) an analysis of the current family of Javelin and TOW 
        warheads and a specific description of how they address threats 
        other than armor;
            (5) an examination of the need for changes to current or 
        development of additional warheads or a family of warheads to 
        address threats other than armor;
            (6) a description of any missile system design changes 
        required to integrate current missile systems with current 
        manned ground systems;
            (7) a detailed and current analysis of the costs associated 
        with the development of next-generation Javelin and TOW systems 
        and additional warheads or family of warheads to address threats 
        other than armor, integration costs for current vehicles, 
        integration costs for future vehicles and possible efficiencies 
        of developing and procuring these systems at low rate and full 
        rate based on current system production; and

[[Page 123 STAT. 2240]]

            (8) an analysis of the ability of the industrial base to 
        support development and production of current and future Javelin 
        and TOW systems.

    (b) Restriction on Use of Funds.--Of the amounts authorized to be 
appropriated under this Act for research, test, development, and 
evaluation for the Army, for missile and rocket advanced technology 
(program element 0603313A), not more than 70 percent may be obligated or 
expended until the Secretary of the Army submits the report required by 
subsection (a).
SEC. 247. REPORT ON THE DEVELOPMENT OF COMMAND AND CONTROL 
                        SYSTEMS.

    (a) Report Required.--Not later than July 1, 2010, the Secretary of 
Defense shall submit to the congressional defense committees a report 
detailing the plans for the consolidation of the Net-Enabled Command 
Capability system (hereinafter in this section referred to as the ``NECC 
system'') with the Global Command and Control System family of systems 
(hereinafter in this section referred to as the ``GCCS family of 
systems'').
    (b) Elements.--The report required by subsection (a) shall include 
each of the following:
            (1) A description of the level of investment needed to 
        develop, sustain, and modernize the GCCS family of systems in 
        order to meet military requirements.
            (2) A description of the actions needed to convert the GCCS 
        family of systems to a services-oriented architecture, including 
        a timeline and milestones.
            (3) An identification of the components, including modules 
        and other technologies, developed under the NECC systems that 
        can be implemented in the GCCS family of systems.
            (4) An identification of gaps in required capabilities not 
        resident in the GCCS family of systems or provided by the NECC 
        system.
            (5) An identification of any science and technology efforts 
        or developing commercial capabilities that might address 
        capability gaps identified pursuant to paragraph (4).
            (6) A description of the developmental and operational test 
        plans for the GCCS family of systems, and resources programmed 
        to support such plans.
            (7) A description of the GCCS family of systems management 
        and governance plan structure, including--
                    (A) organizations involved in program planning and 
                execution;
                    (B) the delegation of authorities for programmatic 
                and technical issues in the development of the GCCS 
                family of systems, including architecture design and 
                control, and funding; and
                    (C) the role of the command and control capabilities 
                portfolio manager and the Office of Secretary of Defense 
                oversight agencies.
            (8) Such other elements as the Secretary of Defense 
        considers appropriate.

    (c) Coordination.--The report required by subsection (a) shall be 
developed jointly by the Vice-Chairman of the Joint Chiefs of Staff, the 
Secretaries of the military departments, the Under Secretary of Defense 
for Acquisition, Technology, and Logistics, the Assistant Secretary of 
Defense for Networks and Information

[[Page 123 STAT. 2241]]

Integration, the commander of the United States Joint Forces Command, 
the Director of Operational Test and Evaluation, and the Director of the 
Defense Information Systems Agency.
    (d) Interim Report.--Not later than March 1, 2010, the Secretary of 
Defense shall submit to the congressional defense committees an interim 
report on the activities carried out to prepare the report required by 
subsection (a) and the preliminary findings and recommendations of the 
Secretary with respect to the plans for the consolidation of the NECC 
system with the GCCS family of systems based on such activities.
    (e) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
SEC. 248. EVALUATION OF EXTENDED RANGE MODULAR SNIPER RIFLE 
                        SYSTEMS.

    (a) In General.--Not later than March 31, 2010, the Assistant 
Secretary of the Army for Acquisition, Logistics, and Technology shall 
conduct a comparative evaluation of extended range modular sniper rifle 
systems, including .300 Winchester Magnum, .338 Lapua Magnum, and other 
calibers. The evaluation shall identify and demonstrate an integrated 
suite of technologies with capabilities that include--
            (1) extending the effective range of snipers;
            (2) meeting service or unit requirements or operational need 
        statements; or
            (3) closing documented capability gaps.

    (b) Report.--Not later than April 30, 2010, the Assistant Secretary 
of the Army for Acquisition, Logistics, and Technology shall submit to 
the Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report containing the results 
of the evaluation required by subsection (a), including--
            (1) detailed ballistics and system performance data; and
            (2) an assessment of the operational capabilities of 
        extended range modular sniper rifle systems to meet service or 
        unit requirements or operational need statements or close 
        documented capabilities gaps.

                        Subtitle E--Other Matters

SEC. 251. ENHANCEMENT OF DUTIES OF DIRECTOR OF DEPARTMENT OF 
                        DEFENSE TEST RESOURCE MANAGEMENT CENTER 
                        WITH RESPECT TO THE MAJOR RANGE AND TEST 
                        FACILITY BASE.

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

[[Page 123 STAT. 2242]]

            (5) by inserting after subparagraph (A), as so redesignated, 
        the following new subparagraph (B):
            ``(B) To review proposed significant changes to the test and 
        evaluation facilities and resources of the Major Range and Test 
        Facility Base before they are implemented by the Secretaries of 
        the military departments or the heads of the Defense Agencies 
        with test and evaluation responsibilities and advise the 
        Secretary of Defense and the Under Secretary of Acquisition, 
        Technology, and Logistics of the impact of such changes on the 
        adequacy of such test and evaluation facilities and resources to 
        meet the test and evaluation requirements of the Department.''.

    (b) Access to Records and Data.--Such section is further amended by 
adding at the end the following new paragraph:
    ``(2) The Director shall have access to such records and data of the 
Department of Defense (including the appropriate records and data of 
each military department and Defense Agency) that are necessary in order 
to carry out the duties of the Director under this section.''.
SEC. 252. ESTABLISHMENT OF PROGRAM TO ENHANCE PARTICIPATION OF 
                        HISTORICALLY BLACK COLLEGES AND 
                        UNIVERSITIES AND MINORITY-SERVING 
                        INSTITUTIONS IN DEFENSE RESEARCH PROGRAMS.

    (a) Program Established.--Chapter 139 of title 10, United States 
Code, is amended by inserting after section 2361 the following new 
section:
``Sec. 2362. Research and educational programs and activities: 
                  historically black colleges and universities and 
                  minority-serving institutions of higher 
                  education

    ``(a) Program Established.--The Secretary of Defense, acting through 
the Director of Defense Research and Engineering and the Secretary of 
each military department, shall carry out a program to provide 
assistance to covered educational institutions to assist the Department 
in defense-related research, development, testing, and evaluation 
activities.
    ``(b) Program Objective.--The objective of the program established 
under subsection (a) is to enhance defense-related research and 
education at covered educational institutions. Such objective shall be 
accomplished through initiatives designed to--
            ``(1) enhance the research and educational capabilities of 
        such institutions in areas of importance to national defense, as 
        determined by the Secretary;
            ``(2) encourage the participation of such institutions in 
        the research, development, testing, and evaluation programs and 
        activities of the Department of Defense;
            ``(3) increase the number of graduates from such 
        institutions engaged in disciplines important to the national 
        security functions of the Department of Defense, as determined 
        by the Secretary; and
            ``(4) encourage research and educational collaborations 
        between such institutions and other institutions of higher 
        education, Government defense organizations, and the defense 
        industry.

[[Page 123 STAT. 2243]]

    ``(c) Assistance Provided.--Under the program established by 
subsection (a), the Secretary of Defense may provide covered educational 
institutions with funding or technical assistance, including any of the 
following:
            ``(1) Support for research, development, testing, 
        evaluation, or educational enhancements in areas important to 
        national defense through the competitive awarding of grants, 
        cooperative agreements, contracts, scholarships, fellowships, or 
        the acquisition of research equipment or instrumentation.
            ``(2) Support to assist in the attraction and retention of 
        faculty in scientific disciplines important to the national 
        security functions of the Department of Defense.
            ``(3) Establishing partnerships between such institutions 
        and defense laboratories, Government defense organizations, the 
        defense industry, and other institutions of higher education in 
        research, development, testing, and evaluation in areas 
        important to the national security functions of the Department 
        of Defense.
            ``(4) Other such non-monetary assistance as the Secretary 
        finds appropriate to enhance defense-related research, 
        development, testing, and evaluation activities at such 
        institutions.

    ``(d) Priority for Funding.--The Secretary of Defense may establish 
procedures under which the Secretary may give priority in providing 
funding under this section to institutions that have not otherwise 
received a significant amount of funding from the Department of Defense 
for research, development, testing, and evaluation programs supporting 
the national security functions of the Department.
    ``(e) Definition of Covered Educational Institution.--In this 
section the term `covered educational institution' means--
            ``(1) an institution of higher education eligible for 
        assistance under title III or IV of the Higher Education Act of 
        1965 (20 U.S.C. 1051 et seq.); or
            ``(2) an accredited postsecondary minority institution.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2361 the following new item:

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

SEC. 253. EXTENSION OF AUTHORITY TO AWARD PRIZES FOR ADVANCED 
                        TECHNOLOGY ACHIEVEMENTS.

    Subsection (f) of section 2374a of title 10, United States Code, is 
amended by striking ``September 30, 2010'' and inserting ``September 30, 
2013''.
SEC. 254. <<NOTE: 15 USC 3715 note.>> AUTHORITY FOR NATIONAL 
                        AERONAUTICS AND SPACE ADMINISTRATION 
                        FEDERALLY FUNDED RESEARCH AND DEVELOPMENT 
                        CENTERS TO PARTICIPATE IN MERIT-BASED 
                        TECHNOLOGY RESEARCH AND DEVELOPMENT 
                        PROGRAMS.

    Section 217(f)(1) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat 2695), as amended by 
section 3136 of the National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261), is amended--

[[Page 123 STAT. 2244]]

            (1) in subparagraph (A) by inserting ``, of the National 
        Aeronautics and Space Administration,'' after ``the Department 
        of Defense''; and
            (2) by adding at the end the following new subparagraph (C):

    ``(C) A federally funded research and development center of the 
National Aeronautics and Space Administration that functions primarily 
as a research laboratory may respond to broad agency announcements under 
programs authorized by the Federal Government for the purpose of 
promoting the research, development, demonstration, or transfer of 
technology in a manner consistent with the terms and conditions of such 
program.''.
SEC. 255. NEXT GENERATION BOMBER AIRCRAFT.

    (a) Findings.--Congress makes the following findings:
            (1) Long-range strike is a critical mission in which the 
        United States needs to retain a credible and dominant 
        capability.
            (2) Long range, penetrating strike systems provide--
                    (A) a hedge against being unable to obtain access to 
                forward bases for political reasons;
                    (B) a capacity to respond quickly to contingencies;
                    (C) the ability to base outside the reach of 
                emerging adversary anti-access and area-denial 
                capabilities; and
                    (D) the ability to impose disproportionate defensive 
                costs on prospective adversaries of the United States.
            (3) The 2006 quadrennial defense review found that there was 
        a requirement for a next generation bomber aircraft and directed 
        the United States Air Force to ``develop a new land-based, 
        penetrating long range strike capability to be fielded by 
        2018''.
            (4) On April 6, 2009, Secretary of Defense Robert Gates 
        announced that the United States ``will not pursue a development 
        program for a follow-on Air Force bomber until we have a better 
        understanding of the need, the requirement and the technology''.
            (5) On May 7, 2009, President Barack Obama announced the 
        termination of the next generation bomber aircraft program in 
        the document of the Office of Management and Budget entitled 
        ``Terminations, Reductions, and Savings'', stating that ``there 
        is no urgent need to begin an expensive development program for 
        a new bomber'' and that ``the future bomber fleet may not be 
        affordable over the next six years''.
            (6) The United States will need a new long-range strike 
        capability because the conflicts of the future will likely 
        feature heavily defended airspace, due in large part to the 
        proliferation of relatively inexpensive, but sophisticated and 
        deadly, air defense systems.
            (7) General Michael Maples, the Director of the Defense 
        Intelligence Agency, noted during a March 10, 2009, hearing of 
        the Committee on Armed Services of the Senate on worldwide 
        threats that ``Russia, quite frankly, is the developer of most 
        of those [advanced air defense] systems and is exporting those 
        systems both to China and to other countries in the world''.
            (8) The Final Report of the Congressional Commission on the 
        Strategic Posture of the United States, submitted to Congress on 
        May 6, 2009, states that ``[t]he bomber force is valuable

[[Page 123 STAT. 2245]]

        particularly for extending deterrence in time of crisis, as 
        their deployment is visible and signals U.S. commitment. Bombers 
        also impose a significant cost burden on potential adversaries 
        in terms of the need to invest in advanced air defenses''.
            (9) The commanders of the United States Pacific Command, the 
        United States Strategic Command, and the United States Joint 
        Forces Command have each testified before the Committee on Armed 
        Services of the Senate in support of the capability that the 
        next generation bomber aircraft would provide.
            (10) On June 17, 2009, General James Cartwright, Vice-
        Chairman of the Joint Chiefs of Staff and chair of the Joint 
        Requirements Oversight Council, stated during a hearing before 
        the Committee on Armed Services of the Senate that ``the nation 
        needs a new bomber''.
            (11) Nearly half of the United States bomber aircraft 
        inventory (47 percent) pre-dates the Cuban Missile Crisis.
            (12) The only air-breathing strike platforms the United 
        States possesses today with reach and survivability to have a 
        chance of successfully executing missions more than 1,000 
        nautical miles into enemy territory from the last air-to-air 
        refueling are 16 combat ready B-2 bomber aircraft.
            (13) The B-2 bomber aircraft was designed in the 1980s and 
        achieved initial operational capability over a decade ago.
            (14) The crash of an operational B-2 bomber aircraft during 
        takeoff at Guam in early 2008 indicates that attrition can and 
        does occur even in peacetime.
            (15) The primary mission requirement of the next generation 
        bomber aircraft is the ability to strike targets anywhere on the 
        globe with whatever weapons the contingency requires.
            (16) The requisite aerodynamic, structural, and low-
        observable technologies to develop the next generation bomber 
        aircraft already exist in fifth-generation fighter aircraft.

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

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Relation to funding table.

                  Subtitle B--Environmental Provisions

Sec. 311. Clarification of requirement for use of available funds for 
           Department of Defense participation in conservation banking 
           programs.
Sec. 312. Reauthorization of title I of Sikes Act.
Sec. 313. Authority of Secretary of a military department to enter into 
           interagency agreements for land management on Department of 
           Defense installations.
Sec. 314. Reauthorization of pilot program for invasive species 
           management for military installations in Guam.
Sec. 315. Reimbursement of Environmental Protection Agency for certain 
           costs in connection with the Former Nansemond Ordnance Depot 
           Site, Suffolk, Virginia.
Sec. 316. Procurement and use of munitions.
Sec. 317. Prohibition on disposing of waste in open-air burn pits.

[[Page 123 STAT. 2246]]

Sec. 318. Military munitions response sites.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Public-private competition required before conversion of any 
           Department of Defense function performed by civilian 
           employees to contractor performance.
Sec. 322. Time limitation on duration of public-private competitions.
Sec. 323. Policy regarding installation of major modifications and 
           upgrades.
Sec. 324. Modification of authority for Army industrial facilities to 
           engage in cooperative activities with non-Army entities.
Sec. 325. Temporary suspension of public-private competitions for 
           conversion of Department of Defense functions to performance 
           by a contractor.
Sec. 326. Requirement for debriefings related to conversion of functions 
           from performance by Federal employees to performance by a 
           contractor.
Sec. 327. Amendments to bid protest procedures by Federal employees and 
           agency officials in conversions of functions from performance 
           by Federal employees to performance by a contractor.
Sec. 328. Improvement of inventory management practices.
Sec. 329. Modification of date for submittal to Congress of annual 
           report on funding for public and private performance of 
           depot-level maintenance and repair workloads.

                       Subtitle D--Energy Security

Sec. 331. Authorization of appropriations for Director of Operational 
           Energy.
Sec. 332. Extension and expansion of reporting requirements regarding 
           Department of Defense energy efficiency programs.
Sec. 333. Report on implementation of Comptroller General 
           recommendations on fuel demand management at forward-deployed 
           locations.
Sec. 334. Report on use of renewable fuels to meet energy requirements 
           of Department of Defense.
Sec. 335. Energy security on Department of Defense installations.

                           Subtitle E--Reports

Sec. 341. Annual report on procurement of military working dogs.
Sec. 342. Plan for managing vegetative encroachment at training ranges.
Sec. 343. Comptroller General report on the sustainment strategy for the 
           AV-8B Harrier aircraft.
Sec. 344. Study on Army modularity.

                        Subtitle F--Other Matters

Sec. 351. Authority for airlift transportation at Department of Defense 
           rates for non-Department of Defense Federal cargoes.
Sec. 352. Policy on ground combat and camouflage utility uniforms.
Sec. 353. Condition-based maintenance demonstration programs.
Sec. 354. Extension of arsenal support program initiative.

               Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Armed Forces and other activities and agencies of the 
Department of Defense for expenses, not otherwise provided for, for 
operation and maintenance, in amounts as follows:
            (1) For the Army, $31,263,332,000.
            (2) For the Navy, $35,041,274,000.
            (3) For the Marine Corps, $5,543,223,000.
            (4) For the Air Force, $34,527,149,000.
            (5) For Defense-wide activities, $28,327,396,000.
            (6) For the Army Reserve, $2,620,196,000.
            (7) For the Naval Reserve, $1,278,501,000.
            (8) For the Marine Corps Reserve, $228,925,000.
            (9) For the Air Force Reserve, $3,079,228,000.
            (10) For the Army National Guard, $6,262,184,000.

[[Page 123 STAT. 2247]]

            (11) For the Air National Guard, $5,885,761,000.
            (12) For the United States Court of Appeals for the Armed 
        Forces, $13,932,000.
            (13) For the Acquisition Development Workforce Fund, 
        $100,000,000.
            (14) For Environmental Restoration, Army, $415,864,000.
            (15) For Environmental Restoration, Navy, $285,869,000.
            (16) For Environmental Restoration, Air Force, $494,276,000.
            (17) For Environmental Restoration, Defense-wide, 
        $11,000,000.
            (18) For Environmental Restoration, Formerly Used Defense 
        Sites, $267,700,000.
            (19) For Overseas Humanitarian, Disaster, and Civic Aid 
        programs, $109,869,000.
            (20) For Cooperative Threat Reduction programs, 
        $424,093,000.
SEC. 302. RELATION TO FUNDING TABLE.

    The amounts authorized to be appropriated by section 301 shall be 
available, in accordance with the requirements of section 4001, for 
projects, programs, and activities, and in the amounts, specified in the 
funding table in section 4301.

                  Subtitle B--Environmental Provisions

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

    Section 2694c of title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``to carry out this 
        section'';
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by inserting after subsection (c) the following new 
        subsection (d):

    ``(d) Source of Funds.--Amounts available from any of the following 
shall be available for activities under this section:
            ``(1) Operation and maintenance.
            ``(2) Military construction.
            ``(3) Research, development, test, and evaluation.
            ``(4) The Support for United States Relocation to Guam 
        Account established under section 2824 of the Military 
        Construction Act for Fiscal Year 2009 (division B of Public Law 
        110-417; 122 Stat. 4730; 10 U.S.C. 2687 note).''.
SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT.

    (a) Reauthorization.--Section 108 of the Sikes Act (16 U.S.C. 670f) 
is amended by striking ``fiscal years 2004 through 2008'' each place it 
appears and inserting ``fiscal years 2009 through 2014''.
    (b) Clarification of Authorizations.--Such section is further 
amended--
            (1) in subsection (b), by striking ``There are authorized'' 
        and inserting ``Of the amounts authorized to be appropriated to 
        the Department of Defense, there are authorized''; and
            (2) in subsection (c), by striking ``There are authorized'' 
        and inserting ``Of the amounts authorized to be appropriated to 
        the Department of the Interior, there are authorized''.

[[Page 123 STAT. 2248]]

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

    (a) Authority.--Section 103a of the Sikes Act (16 U.S.C. 670c-1) is 
amended--
            (1) in subsection (a)--
                    (A) by inserting after ``and individuals'' the 
                following: ``, and into interagency agreements with the 
                heads of other Federal departments and agencies,''; and
                    (B) in paragraph (2), by inserting ``or interagency 
                agreement'' after ``cooperative agreement'';
            (2) in subsection (b), by inserting ``or interagency 
        agreement'' after ``cooperative agreement''; and
            (3) in subsection (c), by inserting ``and interagency 
        agreements'' after ``Cooperative agreements''.

    (b) Clerical Amendments.--The heading for such section is amended by 
inserting ``and interagency'' after ``cooperative''.
SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR INVASIVE SPECIES 
                        MANAGEMENT FOR MILITARY INSTALLATIONS IN 
                        GUAM.

    Section 101(g)(1) of the Sikes Act (16 U.S.C. 670a(g)(1)) is amended 
by striking ``fiscal years 2004 through 2008'' and inserting ``fiscal 
years 2009 through 2014''.
SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR 
                        CERTAIN COSTS IN CONNECTION WITH THE 
                        FORMER NANSEMOND ORDNANCE DEPOT SITE, 
                        SUFFOLK, VIRGINIA.

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

    (b) Source of Funds.--Any payment under subsection (a) shall be made 
using funds authorized to be appropriated by section 301(18) of this Act 
for operation and maintenance for Environmental Restoration, Formerly 
Used Defense Sites.
    (c) Use of Funds.--The Environmental Protection Agency shall use the 
amount transferred under subsection (a) to pay costs incurred by the 
agency at the Former Nansemond Ordnance Depot Site.

[[Page 123 STAT. 2249]]

SEC. 316. PROCUREMENT AND USE OF MUNITIONS.

    The Secretary of Defense shall--
            (1) <<NOTE: Methods.>> in making decisions with respect to 
        the procurement of munitions, develop methods to account for the 
        full life-cycle costs of munitions, including the effects of 
        failure rates on the cost of disposal;
            (2) <<NOTE: Review.>> undertake a review of live-fire 
        practices for the purpose of reducing unexploded ordnance and 
        munitions-constituent contamination without impeding military 
        readiness; and
            (3) <<NOTE: Deadlines. Reports.>> not later than 180 days 
        after the date of the enactment of this Act, submit to Congress 
        a report on the methods developed pursuant to this section and 
        the progress of the live-fire review and recommendations for 
        reducing the life-cycle costs of munitions, unexploded ordnance, 
        and munitions-constituent contamination.
SEC. 317. <<NOTE: 10 USC 2701 note.>> PROHIBITION ON DISPOSING OF 
                        WASTE IN OPEN-AIR BURN PITS.

    (a) Regulations.--
            (1) In general.-- <<NOTE: Deadline. Determination.>> Not 
        later than 120 days after the date of the enactment of this Act, 
        the Secretary of Defense shall prescribe regulations prohibiting 
        the disposal of covered waste in open-air burn pits during 
        contingency operations except in circumstances in which the 
        Secretary determines that no alternative disposal method is 
        feasible. <<NOTE: Applicability.>> Such regulations shall apply 
        to contingency operations that are ongoing as of the date of the 
        enactment of this Act, including Operation Iraqi Freedom and 
        Operation Enduring Freedom, and to contingency operations that 
        begin after the date of the enactment of this Act.
            (2) Notification.--In determining that no alternative 
        disposal method is feasible for an open-air burn pit pursuant to 
        regulations prescribed under paragraph (1), the Secretary 
        shall--
                    (A) <<NOTE: Deadline.>> not later than 30 days after 
                such determination is made, submit to the Committees on 
                Armed Services of the Senate and House of 
                Representatives notice of such determination, including 
                the circumstances, reasoning, and methodology that led 
                to such determination; and
                    (B) <<NOTE: Time periods. Submission.>> after notice 
                is given under subparagraph (A), for each subsequent 
                180-day-period during which covered waste is disposed of 
                in the open-air burn pit covered by such notice, submit 
                to the Committees on Armed Services of the Senate and 
                House of Representatives the justifications of the 
                Secretary for continuing to operate such open-air burn 
                pit.

    (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the use 
of open-air burn pits by the United States Armed Forces. Such report 
shall include--
            (1) an explanation of the situations and circumstances under 
        which open-air burn pits are used to dispose of waste during 
        military exercises and operations worldwide;
            (2) a detailed description of the types of waste authorized 
        to be burned in open-air burn pits;
            (3) a plan through which the Secretary intends to develop 
        and implement alternatives to the use of open-air burn pits;

[[Page 123 STAT. 2250]]

            (4) a copy of the regulations required to be prescribed by 
        subsection (a);
            (5) the health and environmental compliance standards the 
        Secretary has established for military and contractor operations 
        in Iraq and Afghanistan with regard to solid waste disposal, 
        including an assessment of whether those standards are being 
        met;
            (6) a description of the environmental, health, and 
        operational impacts of open-pit burning of plastics and the 
        feasibility of including plastics in the regulations prescribed 
        pursuant to subsection (a); and
            (7) an assessment of the ability of existing medical 
        surveillance programs to identify and track exposures to toxic 
        substances that result from open-air burn pits, including 
        recommendations for such changes to such programs as would be 
        required to more accurately identify and track such exposures.

    (c) Definitions.--In this section:
            (1) The term ``contingency operation'' has the meaning given 
        that term by section 101(a)(13) of title 10, United States Code.
            (2) The term ``covered waste'' includes--
                    (A) hazardous waste, as defined by section 1004(5) 
                of the Solid Waste Disposal Act (42 U.S.C. 6903(5));
                    (B) medical waste; and
                    (C) other waste as designated by the Secretary.
SEC. 318. MILITARY MUNITIONS RESPONSE SITES.

    (a) Information Sharing.--Section 2710(a)(2)(B) of title 10, United 
States Code, is amended by inserting ``, including the county, where 
applicable,'' after ``political subdivisions of the State''.
    (b) Military Munitions Response Program and Installation Restoration 
Program.--As part of the annual budget submission of the Secretary of 
Defense to Congress, the Secretary shall include the funding levels 
requested for the Military Munitions Response Program and the 
Installation Restoration Program.

                 Subtitle C--Workplace and Depot Issues

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

    (a) Requirement.--Paragraph (1) of section 2461(a) of title 10, 
United States Code, 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) <<NOTE: 10 USC 2461 note.>> 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.

[[Page 123 STAT. 2251]]

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

    (a) Time Limitation.--Section 2461(a) of title 10, United States 
Code, as amended by section 321, is further amended by adding at the end 
the following new paragraph:
    ``(5)(A) Except as provided in subparagraph (B), the duration of a 
public-private competition conducted pursuant to Office of Management 
and Budget Circular A-76 or any other provision of law for any function 
of the Department of Defense performed by Department of Defense civilian 
employees may not exceed a period of 24 months, commencing on the date 
on which the preliminary planning for the public-private competition 
begins and ending on the date on which a performance decision is 
rendered with respect to the function.
    ``(B)(i) The Secretary of Defense may specify an alternative period 
of time for a public-private competition, which may not exceed 33 
months, if the Secretary--
            ``(I) <<NOTE: Determination.>> determines that the 
        competition is of such complexity that it cannot be completed 
        within 24 months; and
            ``(II) <<NOTE: Notification.>> submits to Congress, as part 
        of the formal congressional notification of a public-private 
        competition pursuant to subsection (c), written notification 
        that explains the basis of such determination.

    ``(ii) The notification under clause (i)(II) shall also address each 
of the following:
            ``(I) Any efforts of the Secretary to break up the study 
        geographically or functionally.
            ``(II) The Secretary's justification for undertaking a 
        public-private competition instead of using internal 
        reengineering alternatives.
            ``(III) The cost savings that the Secretary expects to 
        achieve as a result of the public-private competition.

    ``(iii) If the Secretary specifies an alternative time period under 
this subparagraph, the alternative time period shall be binding on the 
Department in the same manner and to the same extent as the limitation 
provided in subparagraph (A).
    ``(C) The time period specified in subparagraph (A) for a public-
private competition does not include any day during which the public-
private competition is delayed by reason of the filing of a protest 
before the Government Accountability Office or a complaint in the United 
States Court of Federal Claims up until the day the decision or 
recommendation of either authority becomes final. In the case of a 
protest before the Government Accountability Office, the recommendation 
becomes final after the period of time for filing a request for 
reconsideration, or if a request for reconsideration is filed, on the 
day the Government Accountability Office issues a decision on the 
reconsideration.
    ``(D) If a protest with respect to a public-private competition 
before the Government Accountability Office or the United States Court 
of Federal Claims is sustained, and the recommendation is final as 
described in subparagraph (C), and if such protest and recommendation 
result in an unforeseen delay in implementing a final performance 
decision, the Secretary of Defense may terminate the public-private 
competition or extend the period of time specified for the public-
private competition under subparagraph (A) or subparagraph (B). 
If <<NOTE: Notice.>> the Secretary decides not to terminate a 
competition, the Secretary shall submit to Congress written notice

[[Page 123 STAT. 2252]]

of such decision. Any such notification shall include a justification 
for the Secretary's decision and a new time limitation for the 
competition, which shall not exceed 12 months from the final decision 
and shall be binding on the Department.

    ``(E) For the purposes of this paragraph, preliminary planning with 
respect to a public-private competition, begins on the date on which the 
Department of Defense obligates funds for the acquisition of contract 
support, or formally assigns Department of Defense personnel, to carry 
out any of the following activities:
            ``(i) Determining the scope of the competition.
            ``(ii) Conducting research to determine the appropriate 
        grouping of functions for the competition.
            ``(iii) Assessing the availability of workload data, 
        quantifiable outputs of functions, and agency or industry 
        performance standards applicable to the competition.
            ``(iv) Determining the baseline cost of any function for 
        which the competition is conducted.

    ``(F) <<NOTE: Notice. Public information. Web posting.>> To 
effectively establish the date that is the first day of preliminary 
planning for a public-private competition, the head of a military 
department shall submit to Congress written notice of such date and 
shall provide public notice by announcing such date on an appropriate 
Internet website. Such date is the first day of preliminary planning for 
a public-private competition for the purpose of computing the duration 
of the public private competition for purposes of this section.

    ``(G) <<NOTE: Deadline. Reports.>> The Secretary of Defense shall 
submit to the congressional defense committees an annual report on the 
use, during the year covered by the report, of alternative time periods 
for public-private competitions under this section, and the explanations 
of the Secretary for such alternative time periods.''

    (b) <<NOTE: 10 USC 2461 note.>> 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 initiated on or after the date of the enactment of 
this Act.

    (c) <<NOTE: Deadlines. Reports.>> Comptroller General Reviews.--Not 
later than two years after the date of the enactment of this Act, and 
three years thereafter, the Comptroller General shall submit to the 
congressional defense committees a report on the use by the Secretary of 
Defense of the alternative time period authority under section 
2461(a)(5)(B) of title 10, United States Code, and the appropriateness 
and thoroughness of the explanations of the Secretary for such use.
SEC. 323. POLICY REGARDING INSTALLATION OF MAJOR MODIFICATIONS AND 
                        UPGRADES.

    It is the Sense of Congress that no changes should be made to--
            (1) the policy of the Department of Defense that in the 
        annual allocation of depot-level maintenance and repair required 
        under section 2466 of title 10, United States Code, the 
        installation of major modifications and upgrades are considered 
        to be part of the definition of depot-level maintenance; and
            (2) the interpretation and application of that policy as of 
        the date of the enactment of this Act.

[[Page 123 STAT. 2253]]

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

    (a) Clarification of Authority to Enter Into Cooperative 
Agreements.--The second sentence of section 4544(a) of title 10, United 
States Code, 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) <<NOTE: 10 USC 4544 
note.>> 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. 325. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE COMPETITIONS FOR 
                        CONVERSION OF DEPARTMENT OF DEFENSE 
                        FUNCTIONS TO PERFORMANCE BY A CONTRACTOR.

    (a) Temporary Suspension.-- <<NOTE: Time period.>> During the period 
beginning on the date of the enactment of this Act and ending on the 
date that is 30 days after the date on which the Secretary of Defense 
submits to the congressional defense committees the certification 
required under subsection (d), no study or competition regarding a 
public-private competition for the conversion to performance by a 
contractor for any function performed by Department of Defense civilian 
employees may be begun or announced pursuant to 2461 of title 10, United 
States Code, or otherwise pursuant to Office of Management and Budget 
Circular A-76.

    (b) Review and Report to Congress.--During fiscal year 2010, the 
Secretary of Defense, acting through the Under Secretary of Defense for 
Personnel Readiness, in consultation with the Under Secretary for 
Acquisition, Technology, and Logistics and the Comptroller of the 
Department of Defense, shall undertake a comprehensive review of the 
policies of the Department of Defense with respect to the conduct of 
public-private competitions. The Secretary shall submit to the 
congressional defense committees a report on such review not earlier 
than June 15, 2010. The review, at a minimum, shall address--
            (1) the status of the compliance of the Department with the 
        requirement of 2461(a)(1) of title 10, United States Code, as 
        amended by section 321 of this Act;

[[Page 123 STAT. 2254]]

            (2) actions taken by the Secretary to address issues raised 
        in the report of the Department of Defense Inspector General 
        numbered D-2009-034 and dated December 15, 2008;
            (3) the reliability of systems in effect as of the date of 
        the enactment of this Act to provide comprehensive and reliable 
        data to track and assess the cost and quality of the performance 
        of functions that have been subjected to a public-private 
        competition;
            (4) the appropriateness of the cost differential in effect 
        as of the date of the enactment of this Act for determining the 
        quantifiable costs and the current overhead rates applied with 
        respect to such functions; and
            (5) the adequacy of the policies of the Department of 
        Defense in implementing the requirements of section 2461(a)(4) 
        of title 10, United States Code.

    (c) Comptroller General Review.-- 
<<NOTE: Deadline. Assessment. Reports.>> Not later than 90 days after 
the date on which the report required under subsection (b) is submitted 
to the congressional defense committees, the Comptroller General shall 
conduct an assessment of the review required under paragraph (b) and 
shall submit to the congressional defense committees a report on the 
findings of such assessment and any conclusions or recommendations of 
the Comptroller General based on such assessment.

    (d) Certification Required.-- <<NOTE: Federal Register, 
publication.>> The Secretary of Defense shall publish in the Federal 
Register and submit to the congressional defense committees 
certification that--
            (1) the review required by subsection (b) has been 
        completed, and that the 90-day period during which the 
        assessment of the Comptroller General is to be completed under 
        subsection (c) has expired;
            (2) the Secretary of Defense has completed and submitted to 
        the congressional defense committees a complete inventory of 
        contracts for services for or on behalf of the Department in 
        compliance with the requirements of subsection (c) of section 
        2330a of title 10, United States Code;
            (3) the Secretary of each military department and the head 
        of each Defense Agency responsible for activities in the 
        inventory has initiated the review and planning activities of 
        subsection (e) of such section; and
            (4) the Secretary of Defense has submitted budget 
        information on contract services in compliance with the 
        requirements of section 236 of title 10, United States Code.
SEC. 326. <<NOTE: 31 USC 501 note.>> REQUIREMENT FOR DEBRIEFINGS 
                        RELATED TO CONVERSION OF FUNCTIONS FROM 
                        PERFORMANCE BY FEDERAL EMPLOYEES TO 
                        PERFORMANCE BY A CONTRACTOR.

    The Administrator for Federal Procurement Policy shall revise the 
Federal Acquisition Regulation to allow for debriefings of Federal 
employee representatives designated pursuant to 3551(2)(B) of title 31, 
United States Code, to the same extent and under the same circumstances 
as any offeror, in the case of a conversion of any function from 
performance by Federal employees to performance by a contractor. Such 
debriefings will conform to the requirements of section 2305(b)(6)(A) of 
title 10, United States Code, section 303B(f) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 253b(f)), and 
subparts 15.505 and 15.506 (as

[[Page 123 STAT. 2255]]

in effect on the date of the enactment of this Act ) of the Federal 
Acquisition Regulation.
SEC. 327. AMENDMENTS TO BID PROTEST PROCEDURES BY FEDERAL 
                        EMPLOYEES AND AGENCY OFFICIALS IN 
                        CONVERSIONS OF FUNCTIONS FROM PERFORMANCE 
                        BY FEDERAL EMPLOYEES TO PERFORMANCE BY A 
                        CONTRACTOR.

    (a) Protest Jurisdiction of the Comptroller General.--Section 
3551(1) of title 31, United States Code, is amended by adding at the end 
the following new subparagraph:
                    ``(E) Conversion of a function that is being 
                performed by Federal employees to private sector 
                performance.''.

    (b) Eligibility to Protest Public-private Competitions.--Clause (i) 
of paragraph (2)(B) of section 3551 of title 31, United States Code, is 
amended to read as follows:
                          ``(i) any official who is responsible for 
                      submitting the agency tender in such competition; 
                      and''.

    (c) Decisions on Protests.--Section 3554(b) of title 31, United 
States Code, is amended--
            (1) by redesignating subparagraphs (C) through (G) as 
        subparagraphs (D) through (H), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
                    ``(C) cancel the solicitation issued pursuant to the 
                public-private competition conducted under Office of 
                Management and Budget Circular A-76 or any successor 
                circular;''; and
            (3) in subparagraph (G), as redesignated by paragraph (1), 
        by striking ``, and (E)'' and inserting ``, (E), and (F)''.

    (d) Applicability.-- <<NOTE: 31 USC 3551 note.>> The amendments made 
by this section shall apply--
            (1) to any protest or civil action that relates to a public-
        private competition conducted after the date of the enactment of 
        this Act under Office of Management and Budget Circular A-76, or 
        any successor circular; and
            (2) to a decision made after the date of the enactment of 
        this Act to convert a function performed by Federal employees to 
        private sector performance without a competition under Office of 
        Management and Budget Circular A-76.
SEC. 328. <<NOTE: 10 USC 2458 note.>> IMPROVEMENT OF INVENTORY 
                        MANAGEMENT PRACTICES.

    (a) Inventory Management Practices Improvement Plan Required.-- 
<<NOTE: Deadline.>> Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a comprehensive plan for improving the 
inventory management systems of the military departments and the Defense 
Logistics Agency with the objective of reducing the acquisition and 
storage of secondary inventory that is excess to requirements.

    (b) Elements.--The plan under subsection (a) shall include the 
following:
            (1) A plan for a comprehensive review of demand-forecasting 
        procedures to identify and correct any systematic weaknesses in 
        such procedures, including the development of metrics to 
        identify bias toward over-forecasting and adjust forecasting 
        methods accordingly.
            (2) A plan to accelerate the efforts of the Department of 
        Defense to achieve total asset visibility, including efforts

[[Page 123 STAT. 2256]]

        to link wholesale and retail inventory levels through multi-
        echelon modeling.
            (3) A plan to reduce the average level of on-order secondary 
        inventory that is excess to requirements, including a 
        requirement for the systemic review of such inventory for 
        possible contract termination.
            (4) A plan for the review and validation of methods used by 
        the military departments and the Defense Logistics Agency to 
        establish economic retention requirements.
            (5) A plan for an independent review of methods used by the 
        military departments and the Defense Logistics Agency to 
        establish contingency retention requirements.
            (6) A plan to identify items stored in secondary inventory 
        that require substantial amounts of storage space and shift such 
        items, where practicable, to direct vendor delivery.
            (7) A plan for a comprehensive assessment of inventory items 
        on hand that have no recurring demands, including the 
        development of--
                    (A) metrics to track years of no demand for items in 
                stock; and
                    (B) procedures for ensuring the systemic review of 
                such items for potential reutilization or disposal.
            (8) A plan to more aggressively pursue disposal reviews and 
        actions on stocks identified for potential reutilization or 
        disposal.

    (c) GAO Reports.--
            (1) Assessment of plan.--Not later than 60 days after the 
        date on which the plan required by subsection (a) is submitted 
        as specified in that subsection, the Comptroller General shall 
        submit to the congressional defense committees a report setting 
        forth an assessment of the extent to which the plan meets the 
        requirements of this section.
            (2) Assessment of implementation.--Not later than 18 months 
        after the date on which the plan required by subsection (a) is 
        submitted, the Comptroller General shall submit to the 
        congressional defense committees a report setting forth an 
        assessment of the extent to which the plan has been effectively 
        implemented by each military department and by the Defense 
        Logistics Agency.

    (d) Inventory That Is Excess to Requirements Defined.--In this 
section, the term ``inventory that is excess to requirements'' means 
inventory that--
            (1) is excess to the approved acquisition objective 
        concerned; and
            (2) is not needed for the purposes of economic retention or 
        contingency retention.
SEC. 329. MODIFICATION OF DATE FOR SUBMITTAL TO CONGRESS OF ANNUAL 
                        REPORT ON FUNDING FOR PUBLIC AND PRIVATE 
                        PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND 
                        REPAIR WORKLOADS.

    Section 2466(d)(1) of title 10, United States Code, 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''.

[[Page 123 STAT. 2257]]

                       Subtitle D--Energy Security

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

    Of the amounts authorized to be appropriated for Operation and 
Maintenance, Defense-wide, $5,000,000 is for the Director of Operational 
Energy Plans and Programs to carry out the duties prescribed for the 
Director under section 139b of title 10, United States Code, to be made 
available upon the confirmation of an individual to serve as the 
Director of Operational Energy Plans and Programs.
SEC. 332. EXTENSION AND EXPANSION OF REPORTING REQUIREMENTS 
                        REGARDING DEPARTMENT OF DEFENSE ENERGY 
                        EFFICIENCY PROGRAMS.

    (a) New Reporting Requirements.--Section 2925(a) of title 10, United 
States Code, is amended--
            (1) in paragraph (1), by inserting after ``(Public Law 109-
        58),'' the following: ``section 2911(e) of this title, section 
        533 of the National Energy Conservation Policy Act (42 U.S.C. 
        8259b),'';
            (2) by redesignating paragraphs (2) through (6) as 
        paragraphs (4) through (8), respectively;
            (3) by inserting after paragraph (1) the following new 
        paragraphs (2) and (3):
            ``(2) A table detailing funding, by account, for all energy 
        projects funded through appropriations.
            ``(3) A table listing all energy projects financed through 
        third party financing mechanisms (including energy savings 
        performance contracts, enhanced use leases, utility energy 
        service contracts, utility privatization agreements, and other 
        contractual mechanisms), the duration of each such mechanism, an 
        estimate of the financial obligation incurred through the 
        duration of each such mechanism, and the estimated payback 
        period for each such mechanism.''; and
            (4) by adding at the end the following new paragraphs:
            ``(9) A description of steps taken to determine best 
        practices for measuring energy consumption in Department of 
        Defense facilities and installations, in order to use the data 
        for better energy management.
            ``(10) A description of any other issues and strategies the 
        Secretary determines relevant to a comprehensive and renewable 
        energy policy.''.

    (b) Additional Material Required for First Expanded Report.--The 
first report submitted by the Secretary of Defense under section 2925(a) 
of title 10, United States Code, as amended by subsection (a), after the 
date of the enactment of this Act shall include, in addition to the 
matters required under such section, as so amended, the following:
            (1) <<NOTE: Determination.>> A determination of whether the 
        tools that exist as of the date of the enactment of this Act, 
        including the Energy Conservation Investment Program and the 
        Energy Savings Performance Contracts Program, are sufficient to 
        support renewable energy projects to achieve the Department's 
        installation energy goals, or if new funding mechanisms would be 
        beneficial.

[[Page 123 STAT. 2258]]

            (2) A determination of the cost and feasibility of a policy 
        that would require new power generation projects established on 
        installations to be able to switch to provide power for military 
        operations in the event of a commercial grid outage.
            (3) An assessment of the extent to which State and regional 
        laws and regulations and market structures provide opportunities 
        or obstacles to establish renewable energy projects on military 
        installations.
            (4) A determination of the cost and feasibility of 
        developing or acquiring equipment or systems that would result 
        in maximized use of renewable energy sources at contingency 
        locations.
            (5) An assessment of the feasibility of meeting the 
        Department's renewable energy goals with on-base renewable 
        energy production rather than with renewable energy credits.
            (6) An analysis of the percentage of new construction 
        projects subject to the Department's current building 
        construction sustainable design standards (Leadership in Energy 
        and Environmental Design standards) that include a renewable 
        energy component, and a determination as to whether the criteria 
        of the Department's design standards, as in effect on the date 
        of the enactment of this Act, are consistent with the overall 
        goals, including renewable energy goals, of the Secretary.
            (7) The feasibility and cost of developing net-zero energy 
        installations and a detailed assessment, by installation, of 
        power production (including renewable energy) measured against 
        energy consumption.
            (8) A determination of whether a dedicated funding mechanism 
        for renewable energy projects for stand-alone facilities, 
        including National Guard and Reserve centers, would encourage 
        greater use of renewable energy sources both at existing 
        facilities and in new construction.

    (c) Comptroller General Review.--Not later than 180 days after the 
date on which the Secretary of Defense submits the supplemental report 
required under subsection (b), the Comptroller General shall review the 
supplemental report and submit to Congress a report on such review. The 
Comptroller General may conduct such independent analysis of any issues 
covered by such supplemental report, as necessary in furtherance of the 
requirements of this section.
SEC. 333. REPORT ON IMPLEMENTATION OF COMPTROLLER GENERAL 
                        RECOMMENDATIONS ON FUEL DEMAND MANAGEMENT 
                        AT FORWARD-DEPLOYED LOCATIONS.

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

[[Page 123 STAT. 2259]]

            (3) The recommendation that the Chairman of the Joint Chiefs 
        of Staff require that fuel demand considerations be incorporated 
        into the Joint Staff's initiative to develop joint standards of 
        life support at forward-deployed locations.
SEC. 334. REPORT ON USE OF RENEWABLE FUELS TO MEET ENERGY 
                        REQUIREMENTS OF DEPARTMENT OF DEFENSE.

    Not later than February 1, 2010, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a report on the use and potential use of renewable fuels 
in meeting the energy requirements of the Department of Defense. Such 
report shall include each of the following:
            (1) An assessment of the use of renewable fuels, including 
        domestically produced algae-based, biodiesel, and biomass-
        derived fuels, as alternative fuels in aviation, maritime, and 
        ground transportation fleets (including tactical vehicles and 
        applications). Such assessment shall include technical, 
        logistical, and policy considerations.
            (2) An assessment of whether it would be beneficial to 
        establish a renewable fuel commodity class that is distinct from 
        petroleum-based products.
SEC. 335. <<NOTE: 10 USC 2911 note.>> ENERGY SECURITY ON 
                        DEPARTMENT OF DEFENSE INSTALLATIONS.

    (a) Plan for Energy Security Required.--
            (1) In general.-- <<NOTE: Deadline.>> Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall develop a plan for identifying and addressing 
        areas in which the electricity needed to carry out critical 
        military missions on Department of Defense installations is 
        vulnerable to disruption.
            (2) Elements.--The plan developed under paragraph (1) shall 
        include, at a minimum, the following:
                    (A) An identification of the areas of vulnerability 
                as described in paragraph (1), and an identification of 
                priorities in addressing such areas of vulnerability.
                    (B) A schedule for the actions to be taken by the 
                Department to address such areas of vulnerability.
                    (C) A strategy for working with other public or 
                private sector entities to address such areas of 
                vulnerability that are beyond the control of the 
                Department.
                    (D) An estimate of and consideration for the costs 
                to the Department associated with implementation of the 
                strategy.

    (b) Work With Non-Department of Defense Entities.--The Secretary of 
Defense shall work with other Federal entities, and with State and local 
government entities, to develop any regulations or other mechanisms 
needed to require or encourage actions to address areas of vulnerability 
identified pursuant to the plan developed under subsection (a) that are 
beyond the control of the Department of Defense.

[[Page 123 STAT. 2260]]

                           Subtitle E--Reports

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

    Section 358 of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4427; 10 U.S.C. 2302 
note) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) Annual Report.--Not later than 90 days after the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2010, and annually thereafter for each of the following five years, the 
Secretary, acting through the Executive Agent, shall submit to the 
congressional defense committees a report on the procurement of military 
working dogs for the fiscal year preceding the fiscal year during which 
the report is submitted. Such a report may be combined with the report 
required under section 2583(f) of title 10, United States Code, for the 
same fiscal year as the fiscal year covered by the report under this 
subsection. Each report under this subsection shall include the 
following for the fiscal year covered by the report:
            ``(1) The number of military working dogs procured, by 
        source, by each military department or Defense Agency.
            ``(2) The cost of procuring military working dogs incurred 
        by each military department or Defense Agency.
            ``(3) An explanation for any significant difference in the 
        cost of procuring military working dogs from different 
        sources.''.
SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACHMENT AT TRAINING 
                        RANGES.

    Not <<NOTE: Reports.>> later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report that includes the following:
            (1) An assessment of the extent to which vegetation and 
        overgrowth limits the use of military lands available for 
        training of the Armed Forces in the United States and overseas.
            (2) An identification of the particular installations and 
        training areas at which vegetation and overgrowth negatively 
        impact the use of training space.
            (3) A plan to address training constraints caused by 
        vegetation and overgrowth.
SEC. 343. COMPTROLLER GENERAL REPORT ON THE SUSTAINMENT STRATEGY 
                        FOR THE AV-8B HARRIER AIRCRAFT.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees a report on the sustainment strategy 
for the AV-8B Harrier aircraft.
    (b) Matters Covered.--The report under subsection (a) shall include, 
at a minimum, each of the following:
            (1) An assessment of the AV-8B Integrated Maintenance 
        Concept, including the acquisition strategy developed to conduct 
        planned maintenance interval events.
            (2) An evaluation of the process and criteria established to 
        determine the assignment of non-core workload.

[[Page 123 STAT. 2261]]

            (3) An examination of the role of the single process owner 
        in distribution of non-core workload, standardization of 
        workload processes, facilitation of public-private partnering, 
        implementation of lessons learned, and execution of contracting 
        authority.
            (4) An evaluation of the execution of responsibilities by 
        the single process owner to reduce planned maintenance interval 
        turn-around time, to reduce cost, to improve material 
        availability, and to ensure necessary logistics and engineering 
        functions are in place to meet objective goals.
SEC. 344. STUDY ON ARMY MODULARITY.

    (a) Study.--
            (1) In general.--Not <<NOTE: Contracts.>> later than 30 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall enter into a contract with a Federally Funded 
        Research and Development Center for the conduct of a study on 
        the current and planned modularity structures of the Army to 
        determine each of the following:
                    (A) The operational capability of the Army to 
                execute the core mission of the Army to contribute land 
                power to joint operations.
                    (B) The ability to manage the flexibility and 
                versatility of Army forces across the range of military 
                operations.
                    (C) The tactical, operational, and strategic risk 
                associated with the heavy, medium, and light modular 
                combat brigades and functional support and sustainment 
                brigades.
                    (D) The required and planned end strength for the 
                Army.
            (2) Factors to consider.--The study required under 
        subsection (a) shall take into consideration the following 
        factors:
                    (A) The historical experience of the Army with 
                separate brigade structures.
                    (B) The original Army analysis or other relevant 
                analyses, including explicit or implicit assumptions, 
                upon which the modular brigade combat team, functional 
                support and sustainment brigades, and higher 
                headquarters' designs were based.
                    (C) Subsequent analysis that confirmed or modified 
                the original designs.
                    (D) Lessons learned from Operation Iraqi Freedom and 
                Operation Enduring Freedom, including an identification 
                and analysis of how modular brigades or formations were 
                task organized and employed that may have differed from 
                the original modular concept and how that confirmed or 
                modified the original designs.
                    (E) Improvements the Army has made or is 
                implementing in brigade and headquarters designs.
                    (F) The deployability, employability, and 
                sustainability of modular formations compared to the 
                corresponding pre-modular designs of such formations.
            (3) Access to information.--The Secretary of Defense and the 
        Secretary of the Army shall ensure that the Federally Funded 
        Research and Development Center conducting the study required 
        under subsection (a) has access to all necessary data, records, 
        analysis, personnel, and other resources necessary to complete 
        the study.

[[Page 123 STAT. 2262]]

    (b) Report.--
            (1) In general.--Not later than December 31, 2010, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report containing--
                    (A) the results of the study conducted under 
                subsection (a), together with the comments of the 
                Secretary of Defense on the findings contained in the 
                study; and
                    (B) the separate and independent comments of the 
                Secretary of the Army on the findings contained in the 
                study.
            (2) Classified annex.--The report shall be in unclassified 
        form, but may contain a classified annex.

                        Subtitle F--Other Matters

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

    (a) In General.--Section 2642(a) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(3) <<NOTE: Time period.>> During the five-year period 
        beginning on the date of the enactment of the National Defense 
        Authorization Act for Fiscal Year 2010, for military airlift 
        services provided to any element of the Federal Government 
        outside the Department of Defense in circumstances other than 
        those specified in paragraphs (1) and (2), but only if the 
        Secretary of Defense determines that the provision of such 
        services will promote the improved use of airlift capacity 
        without any negative effect on the national security objectives 
        or the national security interests contained within the United 
        States commercial air industry.''.

    (b) Annual Report.--Not later than March 1 of each year for which 
the paragraph (3) of section 2642(a) of title 10, United States Code, as 
added by subsection (a), is in effect, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives an annual report describing, in detail, the Secretary's 
use of the authority under that paragraph, including--
            (1) how the authority was used;
            (2) the frequency with which the authority was used;
            (3) the Secretary's rationale for the use of the authority; 
        and
            (4) for which agencies the authority was used.
SEC. 352. <<NOTE: 10 USC 771 note prec.>> POLICY ON GROUND COMBAT 
                        AND CAMOUFLAGE UTILITY UNIFORMS.

    (a) Establishment of Policy.--It is the policy of the United States 
that the design and fielding of all future ground combat and camouflage 
utility uniforms of the Armed Forces may uniquely reflect the identity 
of the individual military services, as long as such ground combat and 
camouflage utility uniforms, to the maximum extent practicable--
            (1) provide members of every military service an equivalent 
        level of performance, functionality, and protection commensurate 
        with their respective assigned combat missions;

[[Page 123 STAT. 2263]]

            (2) minimize risk to the individual soldier, sailor, airman, 
        or marine operating in the joint battlespace; and
            (3) provide interoperability with other components of 
        individual war fighter systems, including body armor and other 
        individual protective systems.

    (b) Comptroller General Assessment.--The Comptroller General shall 
conduct an assessment of the ground combat uniforms and camouflage 
utility uniforms currently in use in the Department of Defense. The 
assessment shall examine, at a minimum, each of the following:
            (1) The overall performance of each uniform in various 
        anticipated combat environments and theaters of operations.
            (2) Whether the uniform design of each uniform conforms 
        adequately and is interoperable with currently issued personal 
        protective gear and body armor.
            (3) Costs associated with the design, development, 
        production, procurement, and fielding of existing service-
        specific ground combat and camouflage utility uniforms.
            (4) Challenges and risks associated with fielding members of 
        the Armed Forces into combat theaters in unique or service-
        specific ground combat or camouflage utility uniforms, including 
        the tactical risk to the individuals serving in individual 
        augmentee, in-lieu of force, or joint duty assignments of use of 
        different ground combat uniforms in a combat environment.
            (5) Implications of the use of patents and other proprietary 
        measures that may preclude sharing of technology, advanced 
        uniform design, camouflage techniques, and fire retardence.
            (6) Logistical requirements to field and support forces in 
        varying combat or utility uniforms.

    (c) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees the results of the assessment conducted 
under subsection (b).
    (d) <<NOTE: Deadline.>> Requirement for Joint Criteria.--In support 
of the policy established in subsection (a), the Secretaries of the 
military departments, consistent with the authority set out in subtitles 
B, C, and D of title 10, United States Code, shall establish joint 
criteria for future ground combat uniforms by not later than 270 days 
after the Comptroller General submits the report required under 
subsection (c). The joint criteria shall take into account the findings 
and recommendations of such report and ensure that new technologies, 
advanced materials, and other advances in ground combat uniform design 
may be shared between the military services and are not precluded from 
being adapted for use by any military service due to military service-
unique proprietary arrangements.
SEC. 353. CONDITION-BASED MAINTENANCE DEMONSTRATION PROGRAMS.

    (a) Tactical Wheeled Vehicles Program.--The Secretary of the Army 
may conduct a 12-month condition-based maintenance demonstration program 
on selected vehicle systems that include on-board diagnostic systems 
suitable to such a demonstration program.
    (b) Surface Combatant Ship Program.--The Secretary of the Navy may 
conduct a 12-month demonstration program on selected systems or 
components of surface combatant ships that include

[[Page 123 STAT. 2264]]

integral diagnostic systems suitable to such a demonstration program.
    (c) Issues to Be Addressed.--The demonstration programs described in 
subsections (a) and (b) shall address, with respect to each vehicle, 
system, or component for which the program is conducted--
            (1) the top 10 maintenance issues;
            (2) non-evidence of failures; and
            (3) the projected return on investment analysis for a 10-
        year period.

    (d) Open Architecture.--The design, system integration, and 
operations of the demonstration programs described in subsections (a) 
and (b) shall be conducted with an open architecture designed to--
            (1) facilitate interface with industry standard computer 
        languages, common software systems, diagnostics tools, reference 
        models, diagnostics reasoners, electronic libraries, and user 
        interfaces for multiple ship and vehicle types; and
            (2) promote competition and ensure the best overall value to 
        the Department of Defense.

    (e) Report.--Not later than October 1, 2010, the Secretary of the 
Army and the Secretary of the Navy shall jointly submit to the 
congressional defense committees a report containing the assessments of 
each of the Secretaries with respect to whether the respective military 
department could reduce maintenance costs and improve operational 
readiness by implementing condition-based maintenance for the current 
and future tactical wheeled vehicle fleets and Navy surface combatants.
SEC. 354. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

    Section 343 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (10 U.S.C. 4551 note), as amended by section 
341 of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 122 Stat. 69), is further amended--
            (1) in subsection (a), by striking ``2010'' and inserting 
        ``2011''; and
            (2) in subsection (g)(1), by striking ``2010'' and inserting 
        ``2011''.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2010 limitation on number of non-dual status 
           technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active 
           duty for operational support.
Sec. 416. Submittal of options for creation of Trainees, Transients, 
           Holdees, and Students account for the Army National Guard.
Sec. 417. Report on requirements of the National Guard for non-dual 
           status technicians.

[[Page 123 STAT. 2265]]

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

               Subtitle C--Authorization of Appropriations

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

                        Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2010, as follows:
            (1) The Army, 562,400.
            (2) The Navy, 328,800.
            (3) The Marine Corps, 202,100.
            (4) The Air Force, 331,700.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM 
                        LEVELS.

    Section 691(b) of title 10, United States Code, is amended by 
striking paragraphs (1) through (4) and inserting the following new 
paragraphs:
            ``(1) For the Army, 547,400.
            ``(2) For the Navy, 328,800.
            ``(3) For the Marine Corps, 202,100.
            ``(4) For the Air Force, 331,700.''.
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE-DUTY 
                        END STRENGTHS FOR FISCAL YEARS 2011 AND 
                        2012.

    (a) Authority to Increase Army Active-duty End Strengths.--
            (1) Authority.--For each of fiscal years 2011 and 2012, the 
        Secretary of Defense may, as the Secretary determines necessary 
        for the purposes specified in paragraph (2), establish the 
        active-duty end strength for the Army at a number greater than 
        the number otherwise authorized by law up to the number equal to 
        the fiscal-year 2010 baseline plus 30,000.
            (2) Purpose of increases.--The purposes for which increases 
        may be made in Army active-duty end strengths under paragraph 
        (1) are--
                    (A) to support operational missions; and
                    (B) to achieve reorganizational objectives, 
                including increased unit manning, force stabilization 
                and shaping, and supporting wounded warriors.
            (3) Fiscal-year 2010 baseline.--In this subsection, the term 
        ``fiscal-year 2010 baseline'', means the active-duty end 
        strength authorized for the Army in section 401(1).
            (4) Active-duty end strength.--In this subsection, the term 
        ``active-duty end strength'' means the strength for active-duty 
        personnel of one the Armed Forces as of the last day of a fiscal 
        year.

    (b) Relationship to Presidential Waiver Authority.--Nothing in this 
section shall be construed to limit the President's authority under 
section 123a of title 10, United States Code, to waive any statutory end 
strength in a time of war or national emergency.
    (c) Relationship to Other Variance Authority.--The authority under 
subsection (a) is in addition to the authority to

[[Page 123 STAT. 2266]]

vary authorized end strengths that is provided in subsections (e) and 
(f) of section 115 of title 10, United States Code.
    (d) Budget Treatment.--If the Secretary of Defense determines under 
subsection (a) that an increase in the Army active-duty end strength for 
a fiscal year is necessary, then the budget for the Department of 
Defense for that fiscal year as submitted to the President shall include 
the amounts necessary for funding that active-duty end strength in 
excess of the fiscal year 2010 active-duty end strength authorized for 
the Army under section 401(1).

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 30, 
2010, as follows:
            (1) The Army National Guard of the United States, 358,200.
            (2) The Army Reserve, 205,000.
            (3) The Navy Reserve, 65,500.
            (4) The Marine Corps Reserve, 39,600.
            (5) The Air National Guard of the United States, 106,700.
            (6) The Air Force Reserve, 69,500.
            (7) The Coast Guard Reserve, 10,000.

    (b) End Strength Reductions.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve component shall 
be proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or for 
        unsatisfactory participation in training) without their consent 
        at the end of the fiscal year.

    (c) End Strength Increases.--Whenever units or individual members of 
the Selected Reserve of any reserve component are released from active 
duty during any fiscal year, the end strength prescribed for such fiscal 
year for the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths of such 
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF 
                        THE RESERVES.

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

[[Page 123 STAT. 2267]]

            (5) The Air National Guard of the United States, 14,555.
            (6) The Air Force Reserve, 2,896.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

    The minimum number of military technicians (dual status) as of the 
last day of fiscal year 2010 for the reserve components of the Army and 
the Air Force (notwithstanding section 129 of title 10, United States 
Code) 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. SUBMITTAL OF OPTIONS FOR CREATION OF TRAINEES, 
                        TRANSIENTS, HOLDEES, AND STUDENTS ACCOUNT 
                        FOR THE ARMY NATIONAL GUARD.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Army shall submit to the 
congressional defense committees a report evaluating options, and 
including a recommendation, for the creation of a Trainees, Transients, 
Holdees, and Students Account within the Army National Guard.

[[Page 123 STAT. 2268]]

    (b) Elements.--The report required by subsection (a) shall address, 
at a minimum, the following:
            (1) The timelines, cost, force structure changes, and end 
        strength changes associated with each option specified in the 
        report.
            (2) The force structure and end strength changes and growth 
        of the Army National Guard needed to support the account 
        referred to in subsection (a).
            (3) An assessment of how the creation of such an account may 
        affect plans under the Grow the Force initiative.
            (4) An assessment of the impact of such an account on 
        readiness and training ratings for Army National Guard forces.
SEC. 417. REPORT ON REQUIREMENTS OF THE NATIONAL GUARD FOR NON-
                        DUAL STATUS TECHNICIANS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report setting forth the following:
            (1) A description of the types of duties performed for the 
        National Guard by non-dual status technicians.
            (2) A description of the current requirements of the 
        National Guard for non-dual status technicians.
            (3) A description of various means of addressing any 
        shortfalls in meeting such requirements, including both 
        temporary shortfalls and permanent shortfalls.
            (4) A description of the demands of the National Guard for 
        non-dual status technicians under the current operational tempo, 
        and a description of the current and anticipated demands of the 
        National Guard for non-dual status technicians as a result of 
        the National Guard moving from a reserve force to an operational 
        force.
            (5) An assessment whether an increase in the limit on the 
        number of non-dual status technicians for the National Guard is 
        advisable.
            (6) Such specific recommendations, including recommendations 
        for legislative action, as the Secretary of Defense considers 
        appropriate regarding future requirements and numbers of non-
        dual status technicians that are required to manage and support 
        the National Guard.

    (b) Considerations.--The report required by subsection (a) shall 
take into consideration the effects of the mobilization of large numbers 
of National Guard military technicians (dual status) on the readiness of 
National Guard units in critically important areas and on the capacity 
of the National Guard to continue performing home-based missions and 
responsibilities for the States.
SEC. 418. EXPANSION OF AUTHORITY OF SECRETARIES OF THE MILITARY 
                        DEPARTMENTS TO INCREASE CERTAIN END 
                        STRENGTHS TO INCLUDE SELECTED RESERVE END 
                        STRENGTHS.

    Subsection (g) of section 115 of title 10, United States Code, 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--

[[Page 123 STAT. 2269]]

            ``(A) increase the end strength authorized pursuant to 
        subsection (a)(1)(A) for a fiscal year for the armed force under 
        the jurisdiction of that Secretary or, in the case of the 
        Secretary of the Navy, for any of the armed forces under the 
        jurisdiction of that Secretary, by a number equal to not more 
        than 2 percent of such authorized end strength; and
            ``(B) increase the end strength authorized pursuant to 
        subsection (a)(2) for a fiscal year for the Selected Reserve of 
        the reserve component of the armed force under the jurisdiction 
        of that Secretary or, in the case of the Secretary of the Navy, 
        for the Selected Reserve of the reserve component of any of the 
        armed forces under the jurisdiction of that Secretary, by a 
        number equal to not more than 2 percent of such authorized end 
        strength.

    ``(2) Any increase under paragraph (1)(A) of the end strength for an 
armed force for a fiscal year shall be counted as part of the increase 
for that armed force for that fiscal year authorized under subsection 
(f)(1). Any increase under paragraph (1)(B) of the end strength for the 
Selected Reserve of a reserve component of an armed force for a fiscal 
year shall be counted as part of the increase for that Selected Reserve 
for that fiscal year authorized under subsection (f)(3).''.

               Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    (a) Authorization of Appropriations.--There is hereby authorized to 
be appropriated to the Department of Defense for military personnel for 
fiscal year 2010 a total of $136,016,281,000.
    (b) Construction of Authorization.--The authorization of 
appropriations in subsection (a) supersedes any other authorization of 
appropriations (definite or indefinite) for such purpose for fiscal year 
2010.
SEC. 422. REPEAL OF DELAYED ONE-TIME SHIFT OF MILITARY RETIREMENT 
                        PAYMENTS.

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

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of 
           Staff.
Sec. 502. Modification of limitations on general and flag officers on 
           active duty.
Sec. 503. Revisions to annual reporting requirement on joint officer 
           management.
Sec. 504. Extension of temporary increase in maximum number of days 
           leave members may accumulate and carryover.

[[Page 123 STAT. 2270]]

Sec. 505. Computation of retirement eligibility for enlisted members of 
           the Navy who complete the Seaman to Admiral (STA-21) officer 
           candidate program.
Sec. 506. Independent review of judge advocate requirements of the 
           Department of the Navy.

                 Subtitle B--General Service Authorities

Sec. 511. Continuation on active duty of reserve component members 
           during physical disability evaluation following mobilization 
           and deployment.
Sec. 512. Medical examination required before administrative separation 
           of members diagnosed with or reasonably asserting post-
           traumatic stress disorder or traumatic brain injury.
Sec. 513. Legal assistance for additional reserve component members.
Sec. 514. Limitation on scheduling of mobilization or pre-mobilization 
           training for Reserve units when certain suspension of 
           training is likely.
Sec. 515. Evaluation of test of utility of test preparation guides and 
           education programs in improving qualifications of recruits 
           for the Armed Forces.
Sec. 516. Report on presence in the Armed Forces of members associated 
           or affiliated with groups engaged in prohibited activities.

                   Subtitle C--Education and Training

Sec. 521. Detail of commissioned officers as students at schools of 
           psychology.
Sec. 522. Appointment of persons enrolled in Advanced Course of the Army 
           Reserve Officers' Training Corps at military junior colleges 
           as cadets in Army Reserve or Army National Guard of the 
           United States.
Sec. 523. Expansion of criteria for appointment as member of the Board 
           of Regents of the Uniformed Services University of the Health 
           Sciences.
Sec. 524. Use of Armed Forces Health Professions Scholarship and 
           Financial Assistance program to increase number of health 
           professionals with skills to assist in providing mental 
           health care.
Sec. 525. Department of Defense undergraduate nurse training program.
Sec. 526. Increase in number of private sector civilians authorized for 
           admission to National Defense University.
Sec. 527. Appointments to military service academies from nominations 
           made by Delegate from the Commonwealth of the Northern 
           Mariana Islands.
Sec. 528. Athletic association for the Air Force Academy.
Sec. 529. Language training centers for members of the Armed Forces and 
           civilian employees of the Department of Defense.

                Subtitle D--Defense Dependents' Education

Sec. 531. Continuation of authority to assist local educational agencies 
           that benefit dependents of members of the Armed Forces and 
           Department of Defense civilian employees.
Sec. 532. Impact aid for children with severe disabilities.
Sec. 533. Two-year extension of authority for assistance to local 
           educational agencies with enrollment changes due to base 
           closures, force structure changes, or force relocations.
Sec. 534. Authority to extend eligibility for enrollment in Department 
           of Defense elementary and secondary schools to certain 
           additional categories of dependents.
Sec. 535. Permanent authority for enrollment in defense dependents' 
           education system of dependents of foreign military members 
           assigned to Supreme Headquarters Allied Powers, Europe.
Sec. 536. Determination of number of weighted student units for local 
           educational agencies for receipt of basic support payments 
           under impact aid.
Sec. 537. Study on options for educational opportunities for dependent 
           children of members of the Armed Forces when public schools 
           attended by such children are determined to need improvement.
Sec. 538. Comptroller General audit of assistance to local educational 
           agencies for dependent children of members of the Armed 
           Forces.
Sec. 539. Sense of Congress on the Interstate Compact on Educational 
           Opportunity for Military Children.

                 Subtitle E--Missing or Deceased Persons

Sec. 541. Additional requirements for accounting for members of the 
           Armed Forces and Department of Defense civilian employees 
           listed as missing in conflicts occurring before enactment of 
           new system for accounting for missing persons.
Sec. 542. Policy and procedures on media access and attendance by family 
           members at ceremonies for the dignified transfer of remains 
           of members of the Armed Forces who die overseas.

[[Page 123 STAT. 2271]]

Sec. 543. Report on expansion of authority of a member to designate 
           persons to direct disposition of the remains of a deceased 
           member.
Sec. 544. Sense of Congress on the recovery of the remains of members of 
           the Armed Forces who were killed during World War II in the 
           battle of Tarawa Atoll.

                   Subtitle F--Decorations and Awards

Sec. 551. Authorization and request for award of Medal of Honor to 
           Anthony T. Kaho'ohanohano for acts of valor during the Korean 
           War.
Sec. 552. Authorization and request for award of Distinguished-Service 
           Cross to Jack T. Stewart for acts of valor during the Vietnam 
           War.
Sec. 553. Authorization and request for award of Distinguished-Service 
           Cross to William T. Miles, Jr., for acts of valor during the 
           Korean War.

              Subtitle G--Military Family Readiness Matters

Sec. 561. Establishment of online resources to provide information about 
           benefits and services available to members of the Armed 
           Forces and their families.
Sec. 562. Additional members on Department of Defense Military Family 
           Readiness Council.
Sec. 563. Support for military families with special needs.
Sec. 564. Pilot program to secure internships for military spouses with 
           Federal agencies.
Sec. 565. Family and medical leave for family of servicemembers.
Sec. 566. Deadline for report on sexual assault in the Armed Forces by 
           Defense Task Force on Sexual Assault in the Military 
           Services.
Sec. 567. Improved prevention and response to allegations of sexual 
           assault involving members of the Armed Forces.
Sec. 568. Comptroller General report on progress made in implementing 
           recommendations to reduce domestic violence in military 
           families.
Sec. 569. Report on impact of domestic violence on military families.
Sec. 570. Report on international intrafamilial abduction of children of 
           members of the Armed Forces.
Sec. 571. Assessment of impact of deployment of members of the Armed 
           Forces on their dependent children.
Sec. 572. Report on child custody litigation involving service of 
           members of the Armed Forces.
Sec. 573. Comptroller General report on child care assistance for 
           members of the Armed Forces.

                       Subtitle H--Military Voting

Sec. 575. Short title.
Sec. 576. Clarification regarding delegation of State responsibilities 
           to local jurisdictions.
Sec. 577. Establishment of procedures for absent uniformed services 
           voters and overseas voters to request and for States to send 
           voter registration applications and absentee ballot 
           applications by mail and electronically.
Sec. 578. Establishment of procedures for States to transmit blank 
           absentee ballots by mail and electronically to absent 
           uniformed services voters and overseas voters.
Sec. 579. Ensuring absent uniformed services voters and overseas voters 
           have time to vote.
Sec. 580. Procedures for collection and delivery of marked absentee 
           ballots of absent overseas uniformed services voters.
Sec. 581. Federal write-in absentee ballot.
Sec. 582. Prohibiting refusal to accept voter registration and absentee 
           ballot applications, marked absentee ballots, and Federal 
           write-in absentee ballots for failure to meet certain 
           requirements.
Sec. 583. Federal Voting Assistance Program Improvements.
Sec. 584. Development of standards for reporting and storing certain 
           data.
Sec. 585. Repeal of provisions relating to use of single application for 
           all subsequent elections.
Sec. 586. Reporting requirements.
Sec. 587. Annual report on enforcement.
Sec. 588. Requirements payments.
Sec. 589. Technology pilot program.

                        Subtitle I--Other Matters

Sec. 591. Clarification of performance policies for military musical 
           units and musicians.
Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps.

[[Page 123 STAT. 2272]]

Sec. 593. Modification of matching fund requirements under National 
           Guard Youth Challenge Program.
Sec. 594. Expansion of Military Leadership Diversity Commission to 
           include reserve component representatives.
Sec. 595. Expansion of suicide prevention and community healing and 
           response training under the Yellow Ribbon Reintegration 
           Program.
Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of 
           substance use disorders and disposition of substance abuse 
           offenders in the Armed Forces.
Sec. 597. Reports on Yellow Ribbon Reintegration Program and other 
           reintegration programs.
Sec. 598. Reports on progress in completion of certain incident 
           information management tools.

                  Subtitle A--Officer Personnel Policy

SEC. 501. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT 
                        CHIEFS OF STAFF.

    (a) In General.--Section 156(c) of title 10, United States Code, is 
amended by striking ``, while so serving, hold the'' and inserting ``be 
appointed in the regular''.
    (b) <<NOTE: 10 USC 156 note.>> Effective Date.--The amendment made 
by subsection (a) shall take effect on the date of the enactment of this 
Act, and shall apply with respect to individuals appointed as Legal 
Counsel to the Chairman of the Joint Chiefs of Staff on or after that 
date.
SEC. 502. MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG OFFICERS 
                        ON ACTIVE DUTY.

    (a) Report on Statutes Excluding Certain Officers on Active Duty in 
General and Flag Officer Grades From Limitations on Authorized Strengths 
of General and Flag Officers on Active Duty.--Not later than April 1, 
2010, the Secretary of Defense shall submit to the Committees on Armed 
Forces of the Senate and the House of Representatives a report setting 
forth the following:
            (1) An assessment of the provisions of title 10, United 
        States Code, that exclude commissioned officers of the Armed 
        Forces on active duty in general officer and flag officer grades 
        from the limitations on the authorized strengths of general and 
        flag officers, including--
                    (A) a list of each such provision; and
                    (B) for each such provision--
                          (i) a statement whether such provision is 
                      redundant or necessary in light of recent 
                      legislation on such provision or related 
                      provisions; and
                          (ii) an assessment of the impact of the repeal 
                      of such provision on the Department of Defense.
            (2) A specific, comprehensive description of the legislative 
        actions, including technical and conforming changes, necessary 
        to conform sections 525, 526, and 528 of title 10, United States 
        Code (and any other applicable provisions of such title), with 
        the assessment required by paragraph (1) with a view towards 
        increasing the transparency and comprehensiveness on the number 
        of general and flag officers serving on active duty.
            (3) An assessment of the following:
                    (A) Whether the authorized numbers of general and 
                flag officers in an active status under section 12004(a) 
                of title 10, United States Code, are adequate to provide

[[Page 123 STAT. 2273]]

                the reserve components with a sufficient number of 
                general and flag officers in an active status in order 
                to meet increased authorizations for active duty 
                service.
                    (B) Whether such numbers of general and flag 
                officers provide the general and flag officers of the 
                reserve components with appropriate opportunities for 
                joint responsibility and joint officer development while 
                simultaneously meeting reserve active-status 
                requirements
                    (C) Whether legislative action with respect to 
                section 12004(a) of title 10, United States Code, is 
                necessary to achieve the purposes specified in 
                subparagraphs (A) and (B) and, if so, a specific, 
                comprehensive description of such legislative actions.
            (4) An assessment of the following:
                    (A) Whether the requirements for general and flag 
                officer positions resulting from recommendations for 
                statutory authority to specify the grade of the Chief of 
                the Navy Dental Corps, the Chief and Deputy Chief of 
                Chaplains in the Air Force, the Chief of the Army 
                Medical Specialist Corps, and to establish the position 
                of Vice Chief of the National Guard Bureau, are 
                necessary in light of recent legislative modifications 
                of applicable provisions of law.
                    (B) The impact on the Department of each provision.
                    (C) If supported, the necessary technical and 
                conforming changes that may be necessary to conform 
                sections 535, 526, 528, and 12004 of title 10, United 
                States Code, to increase the transparency and 
                comprehensiveness of the number of general and flag 
                officers on active duty or in an active status.

    (b) Clarification of Distribution Limits.--Section 525 of title 10, 
United States Code, 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;

[[Page 123 STAT. 2274]]

                    ``(B) 15 officers in a grade above the grade of 
                major general; or
                    ``(C) 22 officers in the grade of major general.

    ``(b)(1) The limitations of subsection (a) do not include the 
following:
            ``(A) <<NOTE: Time periods.>> An officer released from a 
        joint duty assignment, but only during the 60-day period 
        beginning on the date the officer departs the joint duty 
        assignment, except that the Secretary of Defense may authorize 
        the Secretary of a military department to extend the 60-day 
        period by an additional 120 days, but no more than 3 officers 
        from each armed forces may be on active duty who are excluded 
        under this subparagraph.
            ``(B) An officer while serving in the position of Staff 
        Judge Advocate to the Commandant of the Marine Corps under 
        section 5046 of this title.
            ``(C) The number of officers required to serve in joint duty 
        assignments as authorized by the Secretary of Defense under 
        section 526(b) for each military service.
            ``(D) An officer while serving as Chief of the National 
        Guard Bureau.

    ``(2) An officer of the Army while serving as Superintendent of the 
United States Military Academy, if serving in the grade of lieutenant 
general, is in addition to the number that would otherwise be permitted 
for the Army for officers serving on active duty in grades above major 
general under subsection (a). An officer of the Navy or Marine Corps 
while serving as Superintendent of the United States Naval Academy, if 
serving in the grade of vice admiral or lieutenant general, is in 
addition to the number that would otherwise be permitted for the Navy or 
Marine Corps, respectively, for officers serving on active duty in 
grades above major general or rear admiral under subsection (a). An 
officer while serving as Superintendent of the United States Air Force 
Academy, if serving in the grade of lieutenant general, is in addition 
to the number that would otherwise be permitted for the Air Force for 
officers serving on active duty in grades above major general under 
subsection (a).''.
    (c) Clarification on Offsetting Reductions.--Subsection (c) of such 
section is amended--
            (1) in paragraph (1)--
                    (A) by amending subparagraph (A) to read as follows:
            ``(A) may make appointments in the Army, Air Force, and 
        Marine Corps in the grades of lieutenant general and general in 
        excess of the applicable numbers determined under this section 
        if each such appointment is made in conjunction with an 
        offsetting reduction under paragraph (2); and''; and
                    (B) in subparagraph (B), by striking ``subsection 
                (b)(2)'' and inserting ``this section'';
            (2) in paragraph (3)(A), by striking ``the number equal to 
        10 percent of the total number of officers that may be serving 
        on active duty in those grades in the Army, Navy, Air Force, and 
        Marine Corps under subsection (b)'' and inserting ``15''; and
            (3) in paragraph (3)(B), by striking ``the number equal to 
        15 percent of the total number of officers that may be serving 
        on active duty in those grades in the Army, Navy, Air Force, and 
        Marine Corps'' and inserting ``5''.

[[Page 123 STAT. 2275]]

    (d) Other Distribution Clarifications.--Such section is further 
amended--
            (1) in subsection (e), by striking ``In determining the 
        total number of general officers or flag officers of an armed 
        force on active duty for purposes of this section, the following 
        officers shall not be counted:'' in the matter preceding 
        paragraph (1) and inserting ``The following officers shall not 
        be counted for purposes of this section:''; and
            (2) by adding at the end the following new subsection:

    ``(g)(1) The limitations of this section do not apply to a reserve 
component general or flag officer who is on active duty for a period in 
excess of 365 days, but not to exceed three years, except that the 
number of officers from each reserve component who are covered by this 
subsection and is not serving in a position that is a joint duty 
assignment for purposes of chapter 38 of this title may not exceed 5 per 
component, unless authorized by the Secretary of Defense
    ``(2) <<NOTE: Applicability.>> The exception in paragraph (1) does 
apply to the position of Chief of the National Guard Bureau.

    ``(3) <<NOTE: Deadline. Notification.>> Not later than 30 days after 
authorizing a number of reserve component general or flag officers in 
excess of the number specified in paragraph (1), the Secretary of 
Defense shall notify the Committees on Armed Services of the Senate and 
the House of Representatives of such authorization, and shall include 
with such notice a statement of the reason for such authorization.''.

    (e) Change to Authorized Strengths.--Subsection (a) of section 526 
of such title is amended--
            (1) in paragraph (1), by striking ``307'' and inserting 
        ``230'';
            (2) in paragraph (2), by striking ``216'' and inserting 
        ``160'';
            (3) in paragraph (3), by striking ``279'' and inserting 
        ``208''; and
            (4) in paragraph (4), by striking ``81'' and inserting 
        ``60''.

    (f) Changes to Limited Exclusion for Joint Duty Requirements.--
Subsection (b) of such section is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Chairman of the Joint Chiefs of 
                Staff'' and inserting ``Secretary of Defense'';
                    (B) by striking ``65'' and inserting ``324''; and
                    (C) by striking the second sentence and inserting 
                the following new sentence: ``The Secretary of Defense 
                shall allocate those exclusions to the armed forces 
                based on the number of general or flag officers required 
                from each armed force for assignment to these designated 
                positions.'';
            (2) by redesignating paragraph (2) as paragraph (5); and
            (3) by inserting after paragraph (1) the following new 
        paragraphs:

    ``(2) Unless the Secretary of Defense determines that a lower number 
is in the best interest of the Department, the minimum number of 
officers serving in positions designated under paragraph (1) for each 
armed force shall be as follows:
            ``(A) For the Army, 85.
            ``(B) For the Navy, 61.
            ``(C) For the Air Force, 76.
            ``(D) For the Marine Corps, 21.

    ``(3) The number excluded under paragraph (1) and serving in 
positions designated under that paragraph--

[[Page 123 STAT. 2276]]

            ``(A) in the grade of general or admiral may not exceed 20;
            ``(B) in a grade above the grade of major general or rear 
        admiral may not exceed 68; and
            ``(C) in the grade of major general or rear admiral may not 
        exceed 144.

    ``(4) <<NOTE: Deadline. Notification.>> Not later than 30 days after 
determining to raise or lower a number specified in paragraph (2), the 
Secretary of Defense shall notify the Committees on Armed Services of 
the Senate and the House of Representatives of such determination.''.

    (g) Other Authorization Clarifications.--Such section is further 
amended--
            (1) in subsection (d), by adding at the end the following 
        new paragraph:

    ``(3) The limitations of this section do not apply to a reserve 
component general or flag officer who is on active duty for a period in 
excess of 365 days but not to exceed three years, except that the number 
of such officers from each reserve component who are covered by this 
paragraph and not serving in a position that is a joint duty assignment 
for purposes of chapter 38 of this title may not exceed 5 per component, 
unless authorized by the Secretary of Defense.''; and
            (2) by adding at the end the following new subsections:

    ``(g) Temporary Exclusion for Assignment to Certain Temporary 
Billets.--(1) The limitations in subsection (a) and in section 525(a) of 
this title do not apply to a general or flag officer assigned to a 
temporary joint duty assignment designated by the Secretary of Defense.
    ``(2) A general or flag officer assigned to a temporary joint duty 
assignment as described in paragraph (1) may not be excluded under this 
subsection from the limitations in subsection (a) for a period of longer 
than one year.
    ``(h) <<NOTE: Time periods.>> Exclusion of Officers Departing From 
Joint Duty Assignments.--The limitations in subsection (a) do not apply 
to an officer released from a joint duty assignment, but only during the 
60-day period beginning on the date the officer departs the joint duty 
assignment. The Secretary of Defense may authorize the Secretary of a 
military department to extend the 60-day period by an additional 120 
days, except that not more than three officers on active duty from each 
armed force may be covered by an extension under this sentence at the 
same time.''.

    (h) Exclusion of Reserve Officers Departing From Joint or Other 
Active Duty Assignments.--Section 12004 of such title is amended by 
adding at the end the following new subsection:
    ``(f) The limitations in subsection (a) do not apply to an officer 
released from a joint duty assignment or other non-joint active duty 
assignment, but only during the 60-day period beginning on the date the 
officer departs the joint duty or other active duty assignment. The 
Secretary of Defense may authorize the Secretary of a military 
department to extend the 60-day period by an additional 120 days, except 
that not more than three officers in an active status from each reserve 
component may be covered by an extension under this sentence at the same 
time.''.
    (i) Repeal of Limitations on General and Flag Officer Activities 
Outside the Officer's Own Service.--
            (1) Repeal.--Section 721 of such title is repealed.

[[Page 123 STAT. 2277]]

            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 41 of such title is amended by striking the 
        item relating to section 721.

    (j) Repeal of Superseded Authority.--Section 506 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4434; 10 U.S.C. 525 note) is repealed.
SEC. 503. REVISIONS TO ANNUAL REPORTING REQUIREMENT ON JOINT 
                        OFFICER MANAGEMENT.

    Section 667 of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and their 
                education and experience''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(C) A comparison of the number of officers who were 
        designated as a joint qualified officer who had served in a 
        Joint Duty Assignment List billet and completed Joint 
        Professional Military Education Phase II, with the number 
        designated as a joint qualified officer based on their 
        aggregated joint experiences and completion of Joint 
        Professional Military Education Phase II.'';
            (2) by striking paragraphs (3), (4), (6), and (12);
            (3) by redesignating paragraph (5) as paragraph (3);
            (4) by redesignating paragraphs (7) through (11) as 
        paragraphs (4) through (8), respectively;
            (5) by inserting after paragraph (8), as so redesignated, 
        the following new paragraph:
            ``(9) With regard to the principal courses of instruction 
        for Joint Professional Military Education Level II, the number 
        of officers graduating from each of the following:
                    ``(A) The Joint Forces Staff College.
                    ``(B) The National Defense University.
                    ``(C) Senior Service Schools.''; and
            (6) by redesignating paragraph (13) as paragraph (10).
SEC. 504. EXTENSION OF TEMPORARY INCREASE IN MAXIMUM NUMBER OF 
                        DAYS LEAVE MEMBERS MAY ACCUMULATE AND 
                        CARRYOVER.

    Section 701(d) of title 10, United States Code, is amended by 
striking ``December 31, 2010'' and inserting ``September 30, 2013''.
SEC. 505. COMPUTATION OF RETIREMENT ELIGIBILITY FOR ENLISTED 
                        MEMBERS OF THE NAVY WHO COMPLETE THE 
                        SEAMAN TO ADMIRAL (STA-21) OFFICER 
                        CANDIDATE PROGRAM.

    Section 6328 of title 10, United States Code, is amended by adding 
the following new subsection:
    ``(c) Time Spent in Seaman to Admiral Program.--The months of active 
service in pursuit of a baccalaureate-level degree under the Seaman to 
Admiral (STA-21) program of the Navy of officer candidates selected for 
the program on or after the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2010 shall be excluded in 
computing the years of service of an officer who was appointed to the 
grade of ensign in the Navy upon completion of the program to determine 
the eligibility of the officer for retirement, unless the officer 
becomes subject

[[Page 123 STAT. 2278]]

to involuntary separation or retirement due to physical disability. Such 
active service shall be counted in computing the years of active service 
of the officer for all other purposes.''.
SEC. 506. INDEPENDENT REVIEW OF JUDGE ADVOCATE REQUIREMENTS OF THE 
                        DEPARTMENT OF THE NAVY.

    (a) Independent Panel for Review.--
            (1) Establishment.--There is hereby established an 
        independent panel to review the judge advocate requirements of 
        the Department of the Navy.
            (2) Composition.--The panel shall be composed of five 
        members, appointed by the Secretary of Defense from among 
        private United States citizens who have expertise in law, 
        military manpower policies, the missions of the Armed Forces, or 
        the current responsibilities of judge advocates in ensuring 
        competent legal representation and advice to commanders.
            (3) Chair.--The chair of the panel shall be appointed by the 
        Secretary from among the members of the panel appointed under 
        paragraph (2).
            (4) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the panel. Any vacancy in the panel 
        shall be filled in the same manner as the original appointment.
            (5) Deadline for appointments.--All original appointments to 
        the panel shall be made not later than 180 days after the date 
        of the enactment of this Act.
            (6) Meetings.--The panel shall meet at the call of the 
        chair.
            (7) First meeting.-- <<NOTE: Deadline.>> The chair shall 
        call the first meeting of the panel not later than 60 days after 
        the date of the appointment of all the members of the panel.

    (b) Duties.--
            (1) In general.--The panel established under subsection (a) 
        shall carry out a study of the policies and management and 
        organizational practices of the Navy and Marine Corps with 
        respect to the responsibilities, assignment, and career 
        development of judge advocates for purposes of determining the 
        number of judge advocates required to fulfill the legal mission 
        of the Department of the Navy.
            (2) Review.--In carrying out the study required by paragraph 
        (1), the panel shall--
                    (A) review the emergent operational law requirements 
                of the Navy and Marine Corps, including requirements for 
                judge advocates on joint task forces, in support of rule 
                of law objectives in Iraq and Afghanistan, and in 
                operational units;
                    (B) review new requirements to support the Office of 
                Military Commissions and to support the disability 
                evaluation system for members of the Armed Forces;
                    (C) review the judge advocate requirements of the 
                Department of the Navy for the military justice mission, 
                including assignment policies, training and education, 
                increasing complexity of court-martial litigation, and 
                the performance of the Navy and Marine Corps in 
                providing legally sufficient post-trial processing of 
                cases in general courts-martial and special courts-
                martial;

[[Page 123 STAT. 2279]]

                    (D) review the role of the Judge Advocate General of 
                the Navy, as the senior uniformed legal officer of the 
                Department of the Navy, to determine whether additional 
                authority for the Judge Advocate General over manpower 
                policies and assignments of judge advocates in the Navy 
                and Marine Corps is warranted;
                    (E) review directives issued by the Navy and the 
                Marine Corps pertaining to jointly-shared missions 
                requiring legal support;
                    (F) review career patterns for Marine Corps judge 
                advocates in order to identify and validate assignments 
                to nonlegal billets required for professional 
                development and promotion; and
                    (G) review, evaluate, and assess such other matters 
                and materials as the panel considers appropriate for 
                purposes of the study.
            (3) Utilization of other studies.--In carrying out the study 
        required by paragraph (1), the panel may review, and incorporate 
        as appropriate, the findings of applicable ongoing and completed 
        studies in future manpower requirements, including the two-part 
        study by CNA Analysis and Solutions entitled ``An Analysis of 
        Navy JAG Corps Future Manpower Requirements''.
            (4) Report.--Not later than 120 days after its first meeting 
        under subsection (a)(7), the panel shall submit to the Secretary 
        of Defense and the Committees on Armed Services of the Senate 
        and the House of Representatives a report on the study. The 
        report shall include--
                    (A) the findings and conclusions of the panel as a 
                result of the study; and
                    (B) any recommendations for legislative or 
                administrative action that the panel considers 
                appropriate in light of the study.

    (c) Powers of Panel.--
            (1) Hearings.--The panel may hold such hearings, sit and act 
        at such times and places, take such testimony, and receive such 
        evidence as the panel considers appropriate to carry out its 
        duties under this section.
            (2) Information from federal agencies.--Upon request by the 
        chair of the panel, any department or agency of the Federal 
        Government may provide information that the panel considers 
        necessary to carry out it duties under this section.

    (d) Personnel Matters.--
            (1) Pay of members.--(A) Members of the panel established 
        under subsection (a) shall serve without pay by reason of their 
        work on the panel.
            (B) Section 1342 of title 31, United States Code, 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.

[[Page 123 STAT. 2280]]

                 Subtitle B--General Service Authorities

SEC. 511. CONTINUATION ON ACTIVE DUTY OF RESERVE COMPONENT MEMBERS 
                        DURING PHYSICAL DISABILITY EVALUATION 
                        FOLLOWING MOBILIZATION AND DEPLOYMENT.

    Section 1218 of title 10, United States Code, 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) <<NOTE: Expiration date.>> The requirements in paragraph (1) 
shall expire on the date that is five years after the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2010.''.
SEC. 512. MEDICAL EXAMINATION REQUIRED BEFORE ADMINISTRATIVE 
                        SEPARATION OF MEMBERS DIAGNOSED WITH OR 
                        REASONABLY ASSERTING POST-TRAUMATIC STRESS 
                        DISORDER OR TRAUMATIC BRAIN INJURY.

    (a) Medical Examination Required.--
            (1) In general.--Chapter 59 of title 10, United States Code, 
        is amended by inserting after section 1176 the following new 
        section:
``Sec. 1177. Members diagnosed with or reasonably asserting post-
                  traumatic stress disorder or traumatic brain 
                  injury: medical examination required before 
                  administrative separation

    ``(a) Medical Examination Required.--
(1) <<NOTE: Regulations.>> Under regulations prescribed by the Secretary 
of Defense, the Secretary of a military department shall ensure that a 
member of the armed forces under the jurisdiction of the Secretary who 
has been deployed overseas in support of a contingency operation during 
the previous 24 months, and who is diagnosed by a physician, clinical 
psychologist, or psychiatrist as experiencing post-traumatic stress 
disorder or traumatic brain injury or who otherwise reasonably alleges, 
based on the service of the member while deployed, the influence of

[[Page 123 STAT. 2281]]

such a condition, receives a medical examination to evaluate a diagnosis 
of post-traumatic stress disorder or traumatic brain injury.

    ``(2) A member covered by paragraph (1) shall not be 
administratively separated under conditions other than honorable until 
the results of the medical examination have been reviewed by appropriate 
authorities responsible for evaluating, reviewing, and approving the 
separation case, as determined by the Secretary concerned.
    ``(3) In a case involving post-traumatic stress disorder, the 
medical examination shall be performed by a clinical psychologist or 
psychiatrist. In cases involving traumatic brain injury, the medical 
examination may be performed by a physician, clinical psychologist, 
psychiatrist, or other health care professional, as appropriate.
    ``(b) Purpose of Medical Examination.--The medical examination 
required by subsection (a) shall assess whether the effects of post-
traumatic stress disorder or traumatic brain injury constitute matters 
in extenuation that relate to the basis for administrative separation 
under conditions other than honorable or the overall characterization of 
service of the member as other than honorable.
    ``(c) Inapplicability to Proceedings Under Uniform Code of Military 
Justice.--The medical examination and procedures required by this 
section do not apply to courts-martial or other proceedings conducted 
pursuant to the Uniform Code of Military Justice.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the item 
        relating to section 1176 the following new item:

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

    (b) Review of Previous Discharges and Dismissals.--Section 1553 of 
such title is amended by adding at the end the following new subsection:
    ``(d)(1) In the case of a former member of the armed forces who, 
while serving on active duty as a member of the armed forces, was 
deployed in support of a contingency operation and who, at any time 
after such deployment, was diagnosed by a physician, clinical 
psychologist, or psychiatrist as experiencing post-traumatic stress 
disorder or traumatic brain injury as a consequence of that deployment, 
a board established under this section to review the former member's 
discharge or dismissal shall include a member who is a physician, 
clinical psychologist, or psychiatrist.
    ``(2) In the case of a former member described in paragraph (1) or a 
former member whose application for relief is based in whole or in part 
on matters relating to post-traumatic stress disorder or traumatic brain 
injury as supporting rationale or as justification for priority 
consideration, the Secretary concerned shall expedite a final decision 
and shall accord such cases sufficient priority to achieve an expedited 
resolution. In determining the priority of cases, the Secretary 
concerned shall weigh the medical and humanitarian circumstances of all 
cases and accord higher priority to cases not involving post-traumatic 
stress disorder or traumatic brain injury only when the individual cases 
are considered more compelling.''.

[[Page 123 STAT. 2282]]

    (c) Report Required.--Not later than 240 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report containing the detailed procedures and policies used by the 
Secretaries of the military department to implement the amendments made 
by this section, including--
            (1) the list of officials identified by the Secretaries as 
        required to review physical examinations to determine the 
        possible influence of post-traumatic stress disorder or 
        traumatic brain injury on the behavior of members before their 
        separation under other than honorable conditions;
            (2) the procedures adopted by the Secretaries to ensure that 
        appropriate physical examinations required by the amendments are 
        conducted;
            (3) the procedures adopted by the Secretaries to ensure that 
        the medical reviews required by the amendments are conducted; 
        and
            (4) the procedures adopted by the Secretaries to ensure that 
        requests for review of discharges based on matters related to 
        post-traumatic stress disorder or traumatic brain injury are 
        considered in a timely manner by boards that include appropriate 
        medical personnel, as required by the amendments.
SEC. 513. LEGAL ASSISTANCE FOR ADDITIONAL RESERVE COMPONENT 
                        MEMBERS.

    Section 1044(a)(4) of title 10, United States Code, is amended by 
striking ``the Secretary of Defense), for a period of time, prescribed 
by the Secretary of Defense,'' and inserting ``the Secretary), for a 
period of time (prescribed by the Secretary)''.
SEC. 514. <<NOTE: 10 USC 10101 note.>> LIMITATION ON SCHEDULING OF 
                        MOBILIZATION OR PRE-MOBILIZATION TRAINING 
                        FOR RESERVE UNITS WHEN CERTAIN SUSPENSION 
                        OF TRAINING IS LIKELY.

    (a) Limitation.--
            (1) In general.--Subject to paragraph (2), the Secretary of 
        a military department shall avoid scheduling mobilization 
        training or pre-mobilization training for a unit of a reserve 
        component of the Armed Forces at a temporary duty location that 
        is outside the normal commuting distance of the unit (as 
        determined pursuant to the regulations prescribed by the 
        Secretary of Defense under subsection (c)) if a suspension of 
        training at such temporary duty location of at least five days 
        is anticipated to occur during any portion of such mobilization 
        or pre-mobilization training.
            (2) Waiver.--The Secretary of a military department may 
        waive the applicability of the limitation in paragraph (1) to a 
        unit of a reserve component if the Secretary determines that the 
        waiver is in the national security interests of the United 
        States.
            (3) Notice to congress.-- <<NOTE: Termination date.>> Until 
        December 31, 2014, the Secretary of the military department 
        concerned shall submit written notice of each waiver issued 
        under paragraph (2) to the congressional defense committees. 
        Notice of such waiver shall be so submitted at the time of the 
        issuance of such waiver.

    (b) Notice of Other Suspensions of Training.-- <<NOTE: Termination 
date.>> Until December 31, 2014, in the event of a suspension of 
training (other than an anticipated suspension of training described in 
subsection

[[Page 123 STAT. 2283]]

(a)(1)) of at least five days at a temporary duty location at which one 
or more units of the reserve components on active duty are engaged in 
mobilization training or pre-mobilization training, the Secretary of the 
military department having jurisdiction over such unit or units shall 
submit written notice of the suspension to the congressional defense 
committees. Notice of such suspension of training shall be so submitted 
at the time of such suspension of training.

    (c) Regulations.--The Secretaries of the military departments shall 
administer this section in accordance with regulations prescribed by the 
Secretary of Defense. Such regulations shall apply uniformly among the 
military departments.
SEC. 515. EVALUATION OF TEST OF UTILITY OF TEST PREPARATION GUIDES 
                        AND EDUCATION PROGRAMS IN IMPROVING 
                        QUALIFICATIONS OF RECRUITS FOR THE ARMED 
                        FORCES.

    Section 546(d) of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2215) is amended--
            (1) in the second sentence, by striking ``in training and 
        unit settings'' and inserting ``during training and unit 
        assignments''; and
            (2) by adding at the end the following new sentence: ``Data 
        to make the comparison between the two groups shall be derived 
        from existing sources, which may include performance ratings, 
        separations, promotions, awards and decorations, and 
        reenlistment statistics.''.
SEC. 516. REPORT ON PRESENCE IN THE ARMED FORCES OF MEMBERS 
                        ASSOCIATED OR AFFILIATED WITH GROUPS 
                        ENGAGED IN PROHIBITED ACTIVITIES.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall, in consultation with the Attorney 
General, submit to the Committees on Armed Service of the Senate and the 
House of Representatives a report on the following:
            (1) Any active participation by members of the Armed Forces 
        in prohibited activities (as defined by subsection 3.5.8 of 
        Department of Defense Directive 1325.6).
            (2) The policies of the Department of Defense to prevent 
        individuals who are active participants in such activities from 
        enlisting in the Armed Forces.

                   Subtitle C--Education and Training

SEC. 521. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT SCHOOLS 
                        OF PSYCHOLOGY.

    (a) In General.--Chapter 101 of title 10, United States Code, is 
amended by inserting after section 2004a the following new section:
``Sec. 2004b. Detail of commissioned officers as students at 
                    schools of psychology

    ``(a) Detail Authorized.--The Secretary of each military department 
may detail commissioned officers of the armed forces as students at 
accredited schools of psychology located in the United States for a 
period of training leading to the degree of Doctor

[[Page 123 STAT. 2284]]

of Philosophy in clinical psychology. No more than 25 officers from each 
military department may commence such training in any single fiscal 
year.
    ``(b) Eligibility for Detail.--To be eligible for detail under 
subsection (a), an officer must be a citizen of the United States and 
must--
            ``(1) have served on active duty for a period of not less 
        than two years nor more than six years and be in the pay grade 
        0-3 or below as of the time the training is to begin; and
            ``(2) sign an agreement that unless sooner separated the 
        officer will--
                    ``(A) complete the educational course of 
                psychological training;
                    ``(B) accept transfer or detail as a commissioned 
                officer within the military department concerned when 
                the officer's training is completed; and
                    ``(C) agree to serve, following completion of the 
                officer's training, on active duty (or on active duty 
                and in the Selected Reserve) for a period as specified 
                pursuant to subsection (c).

    ``(c) Service Obligation.--(1) Except as provided in paragraph (2), 
the agreement of an officer under subsection (b) shall provide that the 
officer shall serve on active duty for two years for each year or part 
thereof of the officer's training under subsection (a).
    ``(2) The agreement of an officer may authorize the officer to serve 
a portion of the officer's service obligation on active duty and to 
complete the service obligation that remains upon separation from active 
duty in the Selected Reserve. Under any such agreement, an officer shall 
serve three years in the Selected Reserve for each year or part thereof 
of the officer's training under subsection (a) for any service 
obligation that was not completed before separation from active duty.
    ``(d) Selection of Officers for Detail.--Officers detailed for 
training under subsection (a) shall be selected on a competitive basis 
by the Secretary of the military department concerned.
    ``(e) Relation of Service Obligations to Other Service 
Obligations.--Any service obligation incurred by an officer under an 
agreement entered into under subsection (b) shall be in addition to any 
service obligation incurred by the officer under any other provision of 
law or agreement.
    ``(f) Expenses.--Expenses incident to the detail of officers under 
this section shall be paid from any funds appropriated for the military 
department concerned.
    ``(g) Failure to Complete Program.--(1) An officer who is dropped 
from a program of psychological training to which detailed under 
subsection (a) for deficiency in conduct or studies, or for other 
reasons, may be required to perform active duty in an appropriate 
military capacity in accordance with the active duty obligation imposed 
on the officer under regulations issued by the Secretary of Defense for 
purposes of this section.
    ``(2) In no case shall an officer be required to serve on active 
duty under paragraph (1) for any period in excess of one year for each 
year or part thereof the officer participated in the program.
    ``(h) Limitation on Details.--No agreement detailing an officer of 
the armed forces to an accredited school of psychology may

[[Page 123 STAT. 2285]]

be entered into during any period in which the President is authorized 
by law to induct persons into the armed forces involuntarily. Nothing in 
this subsection shall affect any agreement entered into during any 
period when the President is not authorized by law to so induct persons 
into the armed forces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 101 of such title is amended by inserting after the item 
relating to section 2004a the following new item:

``2004b. Detail of commissioned officers as students at schools of 
           psychology.''.

SEC. 522. APPOINTMENT OF PERSONS ENROLLED IN ADVANCED COURSE OF 
                        THE ARMY RESERVE OFFICERS' TRAINING CORPS 
                        AT MILITARY JUNIOR COLLEGES AS CADETS IN 
                        ARMY RESERVE OR ARMY NATIONAL GUARD OF THE 
                        UNITED STATES.

    Section 2107a(h) of title 10, United States Code, is amended--
            (1) by striking ``17 cadets'' and inserting ``22 cadets'';
            (2) by striking ``17 members'' and inserting ``22 members''; 
        and
            (3) by striking ``17 such members'' and inserting ``22 such 
        members''.
SEC. 523. EXPANSION OF CRITERIA FOR APPOINTMENT AS MEMBER OF THE 
                        BOARD OF REGENTS OF THE UNIFORMED SERVICES 
                        UNIVERSITY OF THE HEALTH SCIENCES.

    Section 2113a(b)(1) of title 10, United States Code, is amended by 
striking ``health and health education'' and inserting ``health care, 
higher education administration, or public policy''.
SEC. 524. USE OF ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP AND 
                        FINANCIAL ASSISTANCE PROGRAM TO INCREASE 
                        NUMBER OF HEALTH PROFESSIONALS WITH SKILLS 
                        TO ASSIST IN PROVIDING MENTAL HEALTH CARE.

    (a) Additional Element Within Scholarship Program.--Section 2121(a) 
of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking ``in the various health professions'' and 
        inserting ``(A) in the various health professions or (B) as a 
        health professional with specific skills to assist in providing 
        mental health care to members of the armed forces''; and
            (3) by adding at the end the following new paragraph:

    ``(2) Under the program of a military department, the Secretary of 
that military department shall allocate a portion of the total number of 
scholarships to members of the program described in paragraph (1)(B) for 
the purpose of assisting such members to pursue a degree at the masters 
and doctoral level in any of the following disciplines:
            ``(A) Social work.
            ``(B) Clinical psychology.
            ``(C) Psychiatry.
            ``(D) Other disciplines that contribute to mental health 
        care programs in that military department.''.

    (b) Authorized Number of Members of the Program.--Section 2124 of 
such title is amended--
            (1) by striking ``The number'' and inserting ``(a) 
        Authorized Number of Members of the Program.--The number'';
            (2) by striking ``6,000'' and inserting ``6,300''; and

[[Page 123 STAT. 2286]]

            (3) by adding at the end the following new subsection:

    ``(b) Mental Health Professionals.--Of the number of persons 
designated as members of the program at any time, 300 may be members of 
the program described in section 2121(a)(1)(B) of this title.''.
SEC. 525. DEPARTMENT OF DEFENSE UNDERGRADUATE NURSE TRAINING 
                        PROGRAM.

    (a) Revision of Current School of Nursing Authorizations.--
            (1) Repeal of establishment within uniformed services 
        university of the health sciences.--Section 2117 of title 10, 
        United States Code, is repealed.
            (2) Establishment as department of defense school.--Chapter 
        108 of such title is amended by adding at the end the following 
        new section:
``Sec. 2169. School of Nursing: establishment

    ``(a) Establishment Authorized.--The Secretary of Defense may 
establish a School of Nursing.
    ``(b) Degree Granting Authority.--The School of Nursing may include 
a program that awards a bachelor of science in nursing.
    ``(c) Phased Development.--The Secretary of Defense may develop the 
School of Nursing in phases as determined appropriate by the 
Secretary.''.
            (3) Clerical amendments.--
                    (A) Chapter 104.--The table of sections at the 
                beginning of chapter 104 of such title is amended by 
                striking the item relating to section 2117.
                    (B) Chapter 108.--The table of sections at the 
                beginning of chapter 108 of such title is amended by 
                adding at the end the following new item:

``2169. School of Nursing: establishment.''.

    (b) Authority to Establish Undergraduate Nurse Training Program.--
            (1) In general.--Chapter 101 of title 10, United States 
        Code, is amended by adding at the end the following new section:
``Sec. 2016. Undergraduate nurse training program: establishment 
                  through agreement with academic institution

    ``(a) Establishment Authorized.--(1) To increase the number of 
nurses in the armed forces, the Secretary of Defense may enter into an 
agreement with one or more academic institutions to establish and 
operate an undergraduate program (in this section referred to as a 
`undergraduate nurse training program') under which participants will 
earn a nursing degree and serve as a member of the armed forces.
    ``(2) The Secretary of Defense may authorize the participation of 
members of the other uniformed services in the undergraduate nurse 
training program if the Secretary of Defense and the Secretary of Health 
and Human Services jointly determine the participation of such members 
in the program will facilitate an increase in the number of nurses in 
the other uniformed services.
    ``(b) Graduation Rates.--An undergraduate nurse training program 
shall have the capacity to graduate 25 students with

[[Page 123 STAT. 2287]]

a bachelor of science degree in the first class of the program, 50 in 
the second class, and 100 annually thereafter.
    ``(c) Elements.--An undergraduate nurse training program shall have 
the following elements:
            ``(1) It shall involve an academic partnership with one or 
        more academic institutions with existing accredited schools of 
        nursing.
            ``(2) It shall recruit as participants qualified individuals 
        with at least two years of appropriate academic preparation, as 
        determined by the Secretary of Defense.

    ``(d) Location of Programs.--An academic institution selected to 
operate an undergraduate nurse training program shall establish the 
program at or near a military installation. A military installation at 
or near which an undergraduate nurse training program is established 
must--
            ``(1) be one of the ten largest military installations in 
        the United States, in terms of the number of active duty 
        personnel assigned to the installation and family members 
        residing on or in the vicinity of the installations; and
            ``(2) have a military treatment facility with inpatient 
        capability designated as a medical center located on the 
        installation or within 10 miles of the installation.

    ``(e) Limitation on Faculty.--An agreement entered into under 
subsection (a) shall not require members of the armed forces who are 
nurses to serve as faculty members for an undergraduate nurse training 
program.
    ``(f) Military Service Commitment.--The Secretary of Defense shall 
encourage members of the armed forces to apply to participate in an 
undergraduate nurse training program. Graduates of the program shall 
incur a military service obligation in a regular or reserve component, 
as determined by the Secretary.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2016. Undergraduate nurse training program: establishment through 
           agreement with academic institution.''.

    (c) Undergraduate Nurse Training Program Plan.-- 
<<NOTE: Deadline. 10 USC 2016 note.>> Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a plan to establish an undergraduate nurse training 
program in the Department of Defense in accordance with the authority 
provided by section 2169 of title 10, United States Code, as added by 
subsection (a), section 2016 of such title, as added by subsection (b), 
or any other authority available to the Secretary.

    (d) Pilot Program.--
            (1) Pilot program required.--The plan required by subsection 
        (c) shall provide for the establishment of a pilot program to 
        increase the number of nurses serving in the Armed Forces.
            (2) Implementation and duration.--The pilot program shall 
        begin not later than July 1, 2011, and be of not less than five 
        years in duration.
            (3) Graduation rates.--The pilot program shall achieve 
        graduation rates at least equal to the rates required for the 
        undergraduate nurse training program authorized by section

[[Page 123 STAT. 2288]]

        2016 of title 10, United States Code, as added by subsection 
        (b).
            (4) Implementation report.--Not later than 270 days after 
        the date of the enactment of this Act, the Secretary of Defense 
        shall submit to the Committees on Armed Services of the Senate 
        and House of Representatives a report on the pilot program, 
        including a description of the program selected to be 
        undertaken, the program's goals, and any additional legal 
        authorities that may be needed to undertake the program.
            (5) Progress reports.--Not later than 90 days after the end 
        of each academic year of the pilot program, the Secretary of 
        Defense shall submit to the Committees on Armed Services of the 
        Senate and House of Representatives a report specifying the 
        number of nurses accessed into the Armed Forces through the 
        program and the number of students accepted for the upcoming 
        academic year.
            (6) Final report.--Not later than one year before the end of 
        the pilot program, the Secretary of Defense shall submit to the 
        Committees on Armed Services of the Senate and House of 
        Representatives a report specifying the number of nurses 
        accessed through the program, evaluating the overall 
        effectiveness of the program, and containing the Secretary's 
        recommendations regarding whether the program should be 
        extended.

    (e) Effect on Other Nursing Programs.--Notwithstanding the 
development of undergraduate nurse training programs under the 
amendments made by this section and subsection (d), the Secretary of 
Defense shall ensure that graduate degree programs in nursing, including 
advanced practice nursing, continue.
    (f) Effect on Other Recruitment Efforts.--Nothing in this section 
shall be construed as limiting or terminating any current or future 
program of the Department of Defense related to the recruitment, 
accession, training, or retention of nurses.
SEC. 526. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS 
                        AUTHORIZED FOR ADMISSION TO NATIONAL 
                        DEFENSE UNIVERSITY.

    Section 2167(a) of title 10, United States Code, is amended by 
striking ``10 full-time student positions'' and inserting ``20 full-time 
student positions''.
SEC. 527. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM 
                        NOMINATIONS MADE BY DELEGATE FROM THE 
                        COMMONWEALTH OF THE NORTHERN MARIANA 
                        ISLANDS.

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

[[Page 123 STAT. 2289]]

SEC. 528. ATHLETIC ASSOCIATION FOR THE AIR FORCE ACADEMY.

    (a) In General.--Chapter 903 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 9362. Support of athletic programs

    ``(a) Corporation for Support Authorized.--(1) The Secretary of the 
Air Force may, in accordance with the laws of the State of 
incorporation, establish a corporation (in this section referred to as 
the `corporation') to support the athletic programs of the Academy. All 
stock of the corporation shall be owned by the United States and held in 
the name of and voted by the Secretary of the Air Force.
    ``(2) The corporation shall operate exclusively for charitable, 
educational, and civic purposes to support the athletic programs of the 
Academy.
    ``(b) Corporate Organization.--The corporation shall be organized 
and operated--
            ``(1) as a nonprofit corporation under section 501 (c)(3) of 
        the Internal Revenue Code of 1986;
            ``(2) in accordance with this section; and
            ``(3) pursuant to the laws of the State of incorporation, 
        its articles of incorporation, and its bylaws.

    ``(c) Corporate Board of Directors.--(1) The members of the board of 
directors of the corporation shall serve without compensation as members 
of the board, except for reasonable travel and other related expenses 
for attendance at meetings of the board.
    ``(2) The Secretary of the Air Force may authorize military and 
civilian personnel of the Air Force under section 1033 of this title to 
serve, in their official capacities, as members of the board of 
directors of the corporation, but such personnel shall not hold more 
than one-third of the directorships.
    ``(d) Transfers From Nonappropriated Fund Operation.--The Secretary 
of the Air Force may, subject to the acceptance of the corporation, 
transfer to the corporation all title to and ownership of the assets and 
liabilities of the Air Force nonappropriated fund instrumentality whose 
functions include providing support for the athletic programs of the 
Academy, including bank accounts and financial reserves in its accounts, 
equipment, supplies, and other personal property, but excluding any 
interest in real property.
    ``(e) Acceptance of Gifts.--The Secretary of the Air Force may 
accept from the corporation funds, supplies, and services for the 
support of cadets and Academy personnel during their participation in 
Academy or corporate events related to the athletic programs of the 
Academy.
    ``(f) Leases.--The Secretary of the Air Force may, in accordance 
with section 2667 of this title, lease real and personal property to the 
corporation for purposes related to the athletic programs of the 
Academy. Funds received from any such lease may be retained and spent by 
the Secretary to support athletic programs of the Academy.
    ``(g) Cooperative Agreements.--The Secretary of the Air Force may 
enter into cooperative agreements (as described in section 6305 of title 
31) with the corporation for purposes related to the athletic programs 
of the Academy.''.

[[Page 123 STAT. 2290]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 903 of such title is amended by adding at the end the following 
new item:

``9362. Support of athletic programs.''.

SEC. 529. <<NOTE: 10 USC 2001 note prec.>> LANGUAGE TRAINING 
                        CENTERS FOR MEMBERS OF THE ARMED FORCES 
                        AND CIVILIAN EMPLOYEES OF THE DEPARTMENT 
                        OF DEFENSE.

    (a) Program Authorized.--The Secretary of Defense may carry out a 
program to establish language training centers at accredited 
universities, senior military colleges, or other similar institutions of 
higher education for purposes of accelerating the development of 
foundational expertise in critical and strategic languages and regional 
area studies (as defined by the Secretary of Defense for purposes of 
this section) for members of the Armed Forces, including members of the 
reserve components and candidates of the Reserve Officers' Training 
Corps programs, and civilian employees of the Department of Defense.
    (b) Elements.--Each language training center established under the 
program authorized by subsection (a) shall include the following:
            (1) Programs to provide that members of the Armed Forces or 
        civilian employees of the Department of Defense who graduate 
        from the institution of higher education concerned include 
        members or employees, as the case may be, who are skilled in the 
        languages and area studies covered by the program from beginning 
        through advanced skill levels.
            (2) Programs of language proficiency training for such 
        members and civilian employees at the institution of higher 
        education concerned in critical and strategic languages tailored 
        to meet operational readiness requirements.
            (3) Alternative language training delivery systems and 
        modalities to meet language and regional area study requirements 
        for such members and employees whether prior to deployment, 
        during deployment, or post-deployment.
            (4) Programs on critical and strategic languages under the 
        program that can be incorporated into Reserve Officers' Training 
        Corps programs to facilitate the development of language skills 
        in such languages among future officers of the Armed Forces.
            (5) Training and education programs to expand the pool of 
        qualified instructors and educators on critical and strategic 
        languages and regional area studies under the program for the 
        Armed Forces.
            (6) Programs to facilitate and encourage the recruitment of 
        native and heritage speakers of critical and strategic languages 
        under the program into the Armed Forces and the civilian 
        workforce of the Department of Defense and to support the 
        Civilian Linguist Reserve Corps.

    (c) Partnerships With Other Schools.--Any language training center 
established under the program authorized by subsection (a) may enter 
into a partnership with one or more local educational agencies to 
facilitate the development of skills in critical and strategic languages 
under the program among students attending the elementary and secondary 
schools of such agencies who may pursue a military career.

[[Page 123 STAT. 2291]]

    (d) Coordination.--The Secretary of Defense shall ensure that the 
language training centers established under the program authorized by 
subsection (a) are aligned with those of the National Security Education 
Program, the Defense Language Institute, and other appropriate 
Department of Defense programs to facilitate and encourage the 
recruitment of native and heritage speakers of critical and strategic 
languages under the program into the Armed Forces and the civilian 
workforce of the Department of Defense and to support the Civilian 
Linguist Reserve Corps.
    (e) Report.--Not later than one year after the date of the 
establishment of the program authorized by subsection (a), the Secretary 
of Defense shall submit to the congressional defense committees a report 
on the program. The report shall include the following:
            (1) A description of each language training center 
        established under the program.
            (2) An assessment of the cost-effectiveness of the program 
        in providing foundational expertise in critical and strategic 
        languages and regional area studies in support of the Defense 
        Language Transformation Roadmap.
            (3) An assessment of the progress made by each language 
        training center in providing capabilities in critical and 
        strategic languages under the program to members of the Armed 
        Forces and Department of Defense employees.
            (4) A recommendation whether the program should be continued 
        and, if so, recommendations as to any modifications of the 
        program that the Secretary considers appropriate.

                Subtitle D--Defense Dependents' Education

SEC. 531. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL 
                        AGENCIES THAT BENEFIT DEPENDENTS OF 
                        MEMBERS OF THE ARMED FORCES AND DEPARTMENT 
                        OF DEFENSE CIVILIAN EMPLOYEES.

    (a) Assistance to Schools With Significant Numbers of Military 
Dependent Students.--Of the amount authorized to be appropriated for 
fiscal year 2010 pursuant to section 301(5) for operation and 
maintenance for Defense-wide activities, $30,000,000 shall be available 
only for the purpose of providing assistance to local educational 
agencies under subsection (a) of section 572 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 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, 
$14,000,000 shall be available only for the purpose of providing 
assistance to local educational agencies under subsection (b) of such 
section 572, as amended by section 533 of this Act.
    (c) Local Educational Agency Defined.--In this section, the term 
``local educational agency'' has the meaning given that term in section 
8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)).

[[Page 123 STAT. 2292]]

SEC. 532. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

    Of the amount authorized to be appropriated for fiscal year 2010 by 
section 301(5) for operation and maintenance for Defense-wide 
activities, $5,000,000 shall be available for payments under section 363 
of the Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001 (as enacted into law by Public Law 106-398; 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. 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 a Department of Defense education program 
provided by the Secretary pursuant to subsection (a) of a dependent not 
otherwise eligible for such enrollment who is the dependent of an 
individual described in paragraph (2). Enrollment of such a dependent 
shall be on a tuition-free basis.
    ``(2) An individual referred to in paragraph (1) is any of the 
following:
            ``(A) A member of a foreign armed force residing on a 
        military installation in the United States (including 
        territories, commonwealths, and possessions of the United 
        States).
            ``(B) A deceased member of the armed forces who died in the 
        line of duty in a combat-related operation, as designated by the 
        Secretary.''.
SEC. 535. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE 
                        DEPENDENTS' EDUCATION SYSTEM OF DEPENDENTS 
                        OF FOREIGN MILITARY MEMBERS ASSIGNED TO 
                        SUPREME HEADQUARTERS ALLIED POWERS, 
                        EUROPE.

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

[[Page 123 STAT. 2293]]

SEC. 536. DETERMINATION OF NUMBER OF WEIGHTED STUDENT UNITS FOR 
                        LOCAL EDUCATIONAL AGENCIES FOR RECEIPT OF 
                        BASIC SUPPORT PAYMENTS UNDER IMPACT AID.

    Section 8003(a)(2)(C)(i) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) is amended by striking 
``6,500'' and inserting ``5,000''.
SEC. 537. STUDY ON OPTIONS FOR EDUCATIONAL OPPORTUNITIES FOR 
                        DEPENDENT CHILDREN OF MEMBERS OF THE ARMED 
                        FORCES WHEN PUBLIC SCHOOLS ATTENDED BY 
                        SUCH CHILDREN ARE DETERMINED TO NEED 
                        IMPROVEMENT.

    (a) Study on Options for Educational Opportunities.--
            (1) Study required.--The Secretary of Defense shall, in 
        consultation with the Secretary of Education, conduct a study on 
        options for educational opportunities that are, or may be, 
        available for dependent children of members of the Armed Forces 
        who do not attend Department of Defense dependents' schools when 
        the public elementary and secondary schools attended by such 
        children are determined to be in need of improvement pursuant to 
        section 1116(b) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6316(b)).
            (2) Options.--The options to be considered under the study 
        required by paragraph (1) may include the following:
                    (A) Education programs offered through the Internet, 
                including programs that are provided by the Department 
                of Defense through the Internet.
                    (B) Charter schools.
                    (C) Such other public school options as the 
                Secretary of Defense, in consultation with the Secretary 
                of Education, considers appropriate for purposes of the 
                study.
            (3) Elements.--The study required by paragraph (1) shall 
        address the following matters:
                    (A) The challenges faced by parents of military 
                families in securing quality elementary and secondary 
                education for their children when the public elementary 
                and secondary schools attended by their children are 
                identified as being in need of improvement.
                    (B) The extent to which perceptions of differing 
                degrees of quality in public elementary and secondary 
                schools in different regions of the United States affect 
                plans of military families to relocate, including 
                relocation pursuant to a permanent change of duty 
                station.
                    (C) The various reasons why military families seek 
                educational opportunities for their children other than 
                those available through local public elementary and 
                secondary schools.
                    (D) The current level of student achievement in 
                public elementary and secondary schools in school 
                districts which have a high percentage of students who 
                are children of military families.
                    (E) The educational needs of children of military 
                families who are required by location to attend public 
                elementary and secondary schools identified as being in 
                need of improvement.
                    (F) The value and impact of other alternative 
                educational programs for military families.

[[Page 123 STAT. 2294]]

                    (G) The extent to which the options referred to in 
                paragraph (2) would provide a meaningful option for 
                education for military children when the public 
                elementary and secondary schools attended by such 
                children are determined to be in need of improvement.
                    (H) The extent to which the options referred to in 
                paragraph (2) would improve the quality of education 
                available for students with special needs, including 
                students with learning disabilities and gifted students.
                    (I) Such other matters as the Secretary of Defense 
                and Secretary of Education consider appropriate for 
                purposes of the study.

    (b) Report.--Not later than March 31, 2010, the Secretary of Defense 
shall submit to the Committee on Armed Services of the Senate, the 
Committee on Health, Education, Labor, and Pensions of the Senate, the 
Committee on Armed Services of the House of Representatives, and the 
Committee on Education and Labor of the House of Representatives a 
report on the study required by subsection (a). The report shall include 
the following:
            (1) A description of the results of the study.
            (2) Such recommendations for legislative or administrative 
        action as the Secretary of Defense, in consultation with the 
        Secretary of Education, considers appropriate in light of the 
        results of the study.
SEC. 538. COMPTROLLER GENERAL AUDIT OF ASSISTANCE TO LOCAL 
                        EDUCATIONAL AGENCIES FOR DEPENDENT 
                        CHILDREN OF MEMBERS OF THE ARMED FORCES.

    (a) In General.--The Comptroller General of the United States shall 
conduct an audit of the utilization by local educational agencies of the 
assistance specified in subsection (b) provided to such agencies for 
fiscal years 2001 through 2009 for the education of dependent children 
of members of the Armed Forces. The audit shall include--
            (1) an evaluation of the utilization of such assistance by 
        such agencies; and
            (2) an assessment of the effectiveness of such assistance in 
        improving the quality of education provided to dependent 
        children of members of the Armed Forces.

    (b) Assistance Specified.--The assistance specified in this 
subsection is the following:
            (1) Assistance provided under the following:
                    (A) Section 551 of the Duncan Hunter National 
                Defense Authorization Act for Fiscal Year 2009 (Public 
                Law 110-417; 122 Stat. 4468).
                    (B) Section 571 of the National Defense 
                Authorization Act for Fiscal Year 2008 (Public Law 110-
                181; 122 Stat. 119).
                    (C) Section 572 of the John Warner National Defense 
                Authorization Act for Fiscal Year 2007 (Public Law 109-
                364; 120 Stat. 2225).
                    (D) Section 574 of the John Warner National Defense 
                Authorization Act for Fiscal Year 2007 (120 Stat. 2226; 
                20 U.S.C. 7703b note).
                    (E) Section 575 of the John Warner National Defense 
                Authorization Act for Fiscal Year 2007 (120 Stat. 2227; 
                10 U.S.C. 1788 note).

[[Page 123 STAT. 2295]]

                    (F) Section 572 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163; 119 Stat. 3271; 20 U.S.C. 7703b).
                    (G) Section 574 of the National Defense 
                Authorization Act for Fiscal Year 2006 (119 Stat. 3273).
                    (H) Section 558 of the Ronald W. Reagan National 
                Defense Authorization Act for Fiscal Year 2005 (Public 
                Law 108-375; 118 Stat. 1916).
                    (I) Section 559 of the Ronald W. Reagan National 
                Defense Authorization Act for Fiscal Year 2005 (118 
                Stat. 1917).
                    (J) Section 536 of the National Defense 
                Authorization Act for Fiscal Year 2004 (Public Law 108-
                136; 117 Stat. 1474).
                    (K) Clauses (i) and (ii) of section 8003(b)(2)(H) of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7703(b)(2)(H)).
                    (L) Section 341 of the Bob Stump National Defense 
                Authorization Act for Fiscal Year 2003 (Public Law 107-
                314; 116 Stat. 2514).
                    (M) Section 344 of the Bob Stump National Defense 
                Authorization Act for Fiscal Year 2003 (116 Stat. 2515).
                    (N) Section 351 of the National Defense 
                Authorization Act for Fiscal Year 2002 (Public Law 107-
                107; 115 Stat. 1063).
                    (O) Section 362 of the Floyd D. Spence National 
                Defense Authorization Act for Fiscal Year 2001 (as 
                enacted into law by Public Law 106-398; 114 Stat. 1654A-
                76).
                    (P) Section 364 of the National Defense 
                Authorization Act for Fiscal Year 2001 (114 Stat. 1654A-
                78)
            (2) Payments made under section 363 of the Floyd D. Spence 
        National Defense Authorization Act for Fiscal Year 2001 (114 
        Stat. 1654A-77; 20 U.S.C. 7703a).

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Comptroller General shall submit to the congressional 
defense committees a report containing the results of the audit required 
by subsection (a).
SEC. 539. SENSE OF CONGRESS ON THE INTERSTATE COMPACT ON 
                        EDUCATIONAL OPPORTUNITY FOR MILITARY 
                        CHILDREN.

    It is the sense of Congress to--
            (1) express strong support and commendation for all the 
        States that have successfully enacted the Interstate Compact on 
        Educational Opportunity for Military Children;
            (2) express its strong support and encourage all remaining 
        States to enact the Interstate Compact on Educational 
        Opportunity for Military Children;
            (3) recognize the importance of the components of the 
        Interstate Compact on Educational Opportunity for Military 
        Children, including--
                    (A) the transfer of educational records to expedite 
                the proper enrollment and placement of students;
                    (B) the ability of students to continue their 
                enrollment at a grade level in the receiving State 
                commensurate with their grade level from the sending 
                State;

[[Page 123 STAT. 2296]]

                    (C) priority for attendance to children of members 
                of the Armed Forces assuming the school district accepts 
                transfer students;
                    (D) the ability of students to continue their course 
                placement, including but not limited to Honors, 
                International Baccalaureate, Advanced Placement, 
                vocational, technical, and career pathways courses;
                    (E) the recalculation of grades to consider the 
                weights offered by a receiving school for the same 
                performance in the same course when a student transfers 
                from one grading system to another system (for example, 
                number-based system to letter-based system);
                    (F) the waiver of specific courses required for 
                graduation if similar course work has been 
                satisfactorily completed in another local education 
                agency or the provision of an alternative means of 
                acquiring required coursework so that graduation may 
                occur on time; and
                    (G) the recognition of an appointed guardian as a 
                custodial parent while the child's parent or parents are 
                deployed; and
            (4) express strong support for States to develop a State 
        Council to provide for the coordination among their agencies of 
        government, local education agencies, and military installations 
        concerning the participation of a State in the Interstate 
        Compact on Educational Opportunity for Military Children.

                 Subtitle E--Missing or Deceased Persons

SEC. 541. ADDITIONAL REQUIREMENTS FOR ACCOUNTING FOR MEMBERS OF 
                        THE ARMED FORCES AND DEPARTMENT OF DEFENSE 
                        CIVILIAN EMPLOYEES LISTED AS MISSING IN 
                        CONFLICTS OCCURRING BEFORE ENACTMENT OF 
                        NEW SYSTEM FOR ACCOUNTING FOR MISSING 
                        PERSONS.

    (a) Imposition of Additional Requirements.--Section 1509 of title 
10, United States Code, is amended to read as follows:
``Sec. 1509. Program to resolve preenactment missing person cases

    ``(a) Program Required; Covered Conflicts.--The Secretary of Defense 
shall implement a comprehensive, coordinated, integrated, and fully 
resourced program to account for persons described in subparagraph (A) 
or (B) of section 1513(1) of this title who are unaccounted for from the 
following conflicts:
            ``(1) World War II during the period beginning on December 
        7, 1941, and ending on December 31, 1946, including members of 
        the armed forces who were lost during flight operations in the 
        Pacific theater of operations covered by section 576 of the 
        National Defense Authorization Act for Fiscal Year 2000 (Public 
        Law 106-65; 10 U.S.C. 1501 note).
            ``(2) The Cold War during the period beginning on September 
        2, 1945, and ending on August 21, 1991.
            ``(3) The Korean War during the period beginning on June 27, 
        1950, and ending on January 31, 1955.
            ``(4) The Indochina War era during the period beginning on 
        July 8, 1959, and ending on May 15, 1975.

[[Page 123 STAT. 2297]]

            ``(5) The Persian Gulf War during the period beginning on 
        August 2, 1990, and ending on February 28, 1991.
            ``(6) Such other conflicts in which members of the armed 
        forces served as the Secretary of Defense may designate.

    ``(b) Implementation Process.--(1) The Secretary of Defense shall 
implement the program within the Department of Defense POW/MIA 
accounting community.
    ``(2) For purposes of paragraph (1), the term `POW/MIA accounting 
community' means:
            ``(A) The Defense Prisoner of War/Missing Personnel Office 
        (DPMO).
            ``(B) The Joint POW/MIA Accounting Command (JPAC).
            ``(C) The Armed Forces DNA Identification Laboratory 
        (AFDIL).
            ``(D) The Life Sciences Equipment Laboratory of the Air 
        Force (LSEL).
            ``(E) The casualty and mortuary affairs offices of the 
        military departments.
            ``(F) Any other element of the Department of Defense whose 
        mission (as designated by the Secretary of Defense) involves the 
        accounting for and recovery of members of the armed forces who 
        are missing in action, prisoners of war, or unaccounted for.

    ``(c) Treatment as Missing Persons.--Each unaccounted for person 
covered by subsection (a) shall be considered to be a missing person for 
purposes of the applicability of other provisions of this chapter to the 
person.
    ``(d) Establishment of Personnel Files.-- <<NOTE: Records.>> (1) The 
Secretary of Defense shall ensure that a personnel file is established 
and maintained for each person covered by subsection (a) if the 
Secretary--
            ``(A) possesses any information relevant to the status of 
        the person; or
            ``(B) receives any new information regarding the missing 
        person as provided in subsection (e).

    ``(2) The Secretary of Defense shall ensure that each file 
established under this subsection contains all relevant information 
pertaining to a person covered by subsection (a) and is readily 
accessible to all elements of the department, the combatant commands, 
and the armed forces involved in the effort to account for the person.
    ``(3) Each file established under this subsection shall be handled 
in accordance with, and subject to the provisions of, section 1506 of 
this title in the same manner as applies to the file of a missing person 
otherwise subject to such section.
    ``(e) Review of Status Requirements.--(1) If new information (as 
described in paragraph (3)) is found or received that may be related to 
one or more unaccounted for persons covered by subsection (a), whether 
or not such information specifically relates (or may specifically 
relate) to any particular such unaccounted for person, that information 
shall be provided to the Secretary of Defense.
    ``(2) Upon receipt of new information under paragraph (1), the 
Secretary shall ensure that--
            ``(A) the information is treated under paragraph (2) of 
        subsection (c) of section 1505 of this title, relating to 
        addition

[[Page 123 STAT. 2298]]

        of the information to the personnel file of a person and 
        notification requirements, in the same manner as information 
        received under paragraph (1) under such subsection; and
            ``(B) the information is treated under paragraph (3) of 
        subsection (c) and subsection (d) of such section, relating to a 
        board review under such section, in the same manner as 
        information received under paragraph (1) of such subsection (c).

    ``(3) For purposes of this subsection, new information is 
information that is credible and that--
            ``(A) is found or received after November 18, 1997, by a 
        United States intelligence agency, by a Department of Defense 
        agency, or by a person specified in section 1504(g) of this 
        title; or
            ``(B) is identified after November 18, 1997, in records of 
        the United States as information that could be relevant to the 
        case of one or more unaccounted for persons covered by 
        subsection (a).

    ``(f) Coordination Requirements.--(1) In establishing and carrying 
out the program, the Secretary of Defense shall coordinate with the 
Secretaries of the military departments, the Chairman of the Joint 
Chiefs of Staff, and the commanders of the combatant commands.
    ``(2) In carrying out the program, the Secretary of Defense shall 
establish close coordination with the Department of State, the Central 
Intelligence Agency, and the National Security Council to enhance the 
ability of the Department of Defense POW/MIA accounting community to 
account for persons covered by subsection (a).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 76 of such title is amended by striking the item relating to 
section 1509 and inserting the following new item:

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

    (c) Conforming Amendment.--Section 1513(1) of such title is amended 
in the matter after subparagraph (B) by striking ``section 1509(b) of 
this title who is required by section 1509(a)(1) of this title'' and 
inserting ``subsection (a) of section 1509 of this title who is required 
by subsection (b) of such section''.
    (d) <<NOTE: 10 USC 1509 note.>> Implementation.--
            (1) Priority.--A priority of the program required by section 
        1509 of title 10, United States Code, as amended by subsection 
        (a), to resolve missing person cases arising before the 
        enactment of chapter 76 of such title by section 569 of the 
        National Defense Authorization Act for Fiscal Year 1996 (Public 
        Law 104-106; 110 Stat. 336) shall be the return of missing 
        persons to United States control alive.
            (2) Accounting for goal.--In implementing the program, the 
        Secretary of Defense, in coordination with the officials 
        specified in subsection (f)(1) of section 1509 of title 10, 
        United States Code, shall provide such funds, personnel, and 
        resources as the Secretary considers appropriate to increase 
        significantly the capability and capacity of the Department of 
        Defense, the Armed Forces, and commanders of the combatant 
        commands to account for missing persons so that, beginning with 
        fiscal year 2015, the POW/MIA accounting community has 
        sufficient

[[Page 123 STAT. 2299]]

        resources to ensure that at least 200 missing persons are 
        accounted for under the program annually.
            (3) Definitions.--In this subsection:
                    (A) The term ``accounted for'' has the meaning given 
                such term in section 1513(3)(B) of title 10, United 
                States Code.
                    (B) The term ``POW/MIA accounting community'' has 
                the meaning given such term in section 1509(b)(2) of 
                such title.
SEC. 542. POLICY AND PROCEDURES ON MEDIA ACCESS AND ATTENDANCE BY 
                        FAMILY MEMBERS AT CEREMONIES FOR THE 
                        DIGNIFIED TRANSFER OF REMAINS OF MEMBERS 
                        OF THE ARMED FORCES WHO DIE OVERSEAS.

    (a) <<NOTE: 10 USC 1482 note.>> Department of Defense Policy and 
Procedures on Media Access at Ceremonies for Dignified Transfer of 
Remains of Members of the Armed Forces Who Die Overseas.--
            (1) Policy required. <<NOTE: Deadline.>> --Not later than 
        April 1, 2010, the Secretary of Defense shall prescribe a policy 
        guaranteeing media access at ceremonies for the dignified 
        transfer of remains of members of the Armed Forces who die while 
        located or serving overseas (in this section referred to as 
        ``military decedents'') when approved by the primary next of kin 
        of such military decedents.
            (2) Procedures.--The policy developed under paragraph (1) 
        shall include procedures to be followed by the military 
        departments in conducting appropriate ceremonies for the 
        dignified transfer of remains of military decedents. The 
        procedures shall be uniform across the military departments 
        except to the extent necessary to reflect the traditional 
        practices or customs of a particular military department.
            (3) Elements.--The policy developed under paragraph (1) 
        shall include, but not be limited to, the following:
                    (A) Provision for access by media representatives to 
                transfers described in paragraph (1) if approved in 
                advance by the primary next of kin of the military 
                decedent or their designee.
                    (B) Procedures for designating with certainty who is 
                authorized to make the decision to approve media access 
                at transfer ceremonies described in that paragraph under 
                reasonable, foreseeable circumstances.
                    (C) Conditions for coverage that media 
                representatives must comply with during such transfer 
                ceremonies, and procedures for ensuring agreement in 
                advance by media representatives with the conditions for 
                coverage prescribed by military authorities.
                    (D) Procedures for the waiver by the primary next of 
                kin or other designees of Departmental polices relating 
                to delays in release of casualty information to the 
                media and general public, when such waiver is required.

    (b) Transportation to Transfer Ceremonies.--
            (1) Provision of transportation required.--Section 411f of 
        title 37, United States Code, is amended--
                    (A) by redesignating subsections (e) and (f) as 
                subsections (f) and (g), respectively; and

[[Page 123 STAT. 2300]]

                    (B) by inserting after subsection (d) the following 
                new subsection (e):

    ``(e) Transportation to Transfer Ceremonies of Members of the Armed 
Forces Who Die Overseas.--(1) The Secretary of the military department 
concerned may provide round trip transportation to ceremonies for the 
transfer of a member of the armed forces who dies while located or 
serving overseas to the following:
            ``(A) The primary next of kin of the member.
            ``(B) Two family members (other than primary next of kin) of 
        the member.
            ``(C) One or more additional family members of the member, 
        at the discretion of the Secretary.

    ``(2)(A) For purposes of this subsection, the primary next of kin of 
a member of the armed forces shall be the eligible relatives of the 
member specified in subparagraphs (A) through (D) of subsection (c)(1).
    ``(B) The Secretaries of the military departments shall prescribe in 
regulations the family members of a member of the armed forces who shall 
constitute family members for purposes of subparagraphs (B) and (C) of 
paragraph (1). The Secretary of Defense shall ensure that such 
regulations are uniform across the military departments.
    ``(3) Transportation shall be provided under this subsection by 
means of Invitational Travel Authorizations.
    ``(4) The Secretary of a military department may, upon the request 
of the primary next of kin covered by paragraph (1)(A) and at the 
discretion of the Secretary, provide for the accompaniment of such next 
of kin in travel under this subsection by a casualty assistance officer 
or family liaison officer of the military department who shall act as an 
escort in such accompaniment.''.
            (2) Conforming and clerical amendments.--
                    (A) Heading amendment.--The heading of such section 
                is amended to read as follows:
``Sec. 411f. Travel and transportation allowances: transportation 
                  for survivors of deceased member to attend 
                  member's burial ceremonies; transportation for 
                  survivors of member dying overseas to attend 
                  transfer ceremonies''.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of chapter 7 of such title is amended by 
                striking the item relating to section 411f and inserting 
                the following new item:

``411f. Travel and transportation allowances: transportation for 
           survivors of deceased member to attend member's burial 
           ceremonies; transportation for survivors of member dying 
           overseas to attend transfer ceremonies.''.

    (c) <<NOTE: 37 USC 411f note.>> Effective Date.--This section and 
the amendments made by this section shall take effect on the date that 
is one year after the date of the enactment of this Act.
SEC. 543. REPORT ON EXPANSION OF AUTHORITY OF A MEMBER TO 
                        DESIGNATE PERSONS TO DIRECT DISPOSITION OF 
                        THE REMAINS OF A DECEASED MEMBER.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to Congress a

[[Page 123 STAT. 2301]]

report evaluating the potential effects of expanding the list of persons 
under section 1482(c) of title 10, United States Code, who may be 
designated by a member of the Armed Forces as the person authorized to 
direct disposition of the remains of the member if the member is 
deceased to include persons who are not family members of members of the 
Armed Forces.
SEC. 544. SENSE OF CONGRESS ON THE RECOVERY OF THE REMAINS OF 
                        MEMBERS OF THE ARMED FORCES WHO WERE 
                        KILLED DURING WORLD WAR II IN THE BATTLE 
                        OF TARAWA ATOLL.

    Congress--
            (1) reaffirms its support for the recovery and return to the 
        United States of the remains of members of the Armed Forces 
        killed in battle, and for the efforts by the Joint POW-MIA 
        Accounting Command to recover the remains of members of the 
        Armed Forces from all wars;
            (2) recognizes the courage and sacrifice of the members of 
        the Armed Forces who fought on Tarawa Atoll;
            (3) acknowledges the dedicated research and efforts by 
        persons to identify, locate, and advocate for the recovery of 
        remains from Tarawa; and
            (4) encourages the Department of Defense to review this 
        research and, as appropriate, pursue new efforts to conduct 
        field studies, new research, and undertake all feasible efforts 
        to recover, identify, and return remains of members of the Armed 
        Forces from Tarawa.

                   Subtitle F--Decorations and Awards

SEC. 551. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO 
                        ANTHONY T. KAHO'OHANOHANO FOR ACTS OF 
                        VALOR DURING THE KOREAN WAR.

    (a) <<NOTE: President.>> Authorization.--Notwithstanding the time 
limitations specified in section 3744 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the Armed Forces, the President is 
authorized and requested to award the Medal of Honor under section 3741 
of such title to former Private First Class Anthony T. Kaho'ohanohano 
for the acts of valor during the Korean War described in subsection (b).

    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of then Private First Class Anthony T. 
Kaho'ohanohano of Company H of the 17th Infantry Regiment of the 7th 
Infantry Division on September 1, 1951, during the Korean War for which 
he was originally awarded the Distinguished-Service Cross.
SEC. 552. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
                        SERVICE CROSS TO JACK T. STEWART FOR ACTS 
                        OF VALOR DURING THE VIETNAM WAR.

    (a) Authorization.--Notwithstanding the time limitations specified 
in section 3744 of title 10, United States Code, or any other time 
limitation with respect to the awarding of certain medals to persons who 
served in the Armed Forces, the Secretary of the Army is authorized and 
requested to award the Distinguished-Service Cross under section 3742 of 
such title to former Captain

[[Page 123 STAT. 2302]]

Jack T. Stewart of the United States Army for the acts of valor during 
the Vietnam War described in subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of Captain Jack T. Stewart as commander 
of a two-platoon Special Forces Mike Force element in combat with two 
battalions of the North Vietnamese Army on March 24, 1967, during the 
Vietnam War.
SEC. 553. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
                        SERVICE CROSS TO WILLIAM T. MILES, JR., 
                        FOR ACTS OF VALOR DURING THE KOREAN WAR.

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

              Subtitle G--Military Family Readiness Matters

SEC. 561. <<NOTE: 10 USC 1781 note.>> ESTABLISHMENT OF ONLINE 
                        RESOURCES TO PROVIDE INFORMATION ABOUT 
                        BENEFITS AND SERVICES AVAILABLE TO MEMBERS 
                        OF THE ARMED FORCES AND THEIR FAMILIES.

    (a) Internet Outreach Website.--
            (1) Establishment.--The Secretary of Defense shall establish 
        an Internet website or other online resources for the purpose of 
        providing comprehensive information to members of the Armed 
        Forces and their families about the benefits and services 
        described in subsection (b) that are available to members of the 
        Armed Forces and their families.
            (2) Contact information.--The online resources shall provide 
        contact information, both telephone and e-mail, that a member of 
        the Armed Forces or dependent of the member can use to get 
        specific information about benefits and services that may be 
        available for the member or dependent.

    (b) Covered Benefits and Services.--The information provided through 
the online resources established pursuant to subsection (a) shall 
include information regarding the following benefits and services that 
may be available to a member of the Armed Forces and dependents of the 
member:
            (1) Financial compensation, including financial counseling.
            (2) Health care and life insurance programs.
            (3) Death benefits.

[[Page 123 STAT. 2303]]

            (4) Entitlements and survivor benefits for dependents, 
        including offsets in the receipt of such benefits under the 
        Survivor Benefit Plan and in connection with the receipt of 
        dependency and indemnity compensation.
            (5) Educational assistance benefits, including limitations 
        on and the transferability of such assistance.
            (6) Housing assistance benefits, including counseling.
            (7) Relocation planning and preparation.
            (8) Maintaining military records.
            (9) Legal assistance.
            (10) Quality of life programs.
            (11) Family and community programs.
            (12) Employment assistance upon separation or retirement of 
        a member or for the spouse of the member.
            (13) Reserve component service for members completing 
        service in a regular component.
            (14) Disability benefits, including offsets in connection 
        with the receipt of such benefits.
            (15) Benefits and services provided under laws administered 
        by the Secretary of Veterans Affairs.
            (16) Such other benefits and services as the Secretary of 
        Defense considers appropriate.

    (c) Dissemination of Information on Availability on Online 
Resources.--The Secretaries of the military departments shall use public 
service announcements, publications, and such other announcements 
through the general media as the Secretaries consider appropriate to 
inform members of the Armed Forces and their families and the general 
public about the information available through the online resources 
established pursuant to subsection (a).
    (d) Implementation Report.--Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the quality and scope 
of the online resources established pursuant to subsection (a) to 
provide information about benefits and services for members of the Armed 
Forces and their families.
SEC. 562. ADDITIONAL MEMBERS ON DEPARTMENT OF DEFENSE MILITARY 
                        FAMILY READINESS COUNCIL.

    (a) Reserve Component Representation.--Paragraph (1) of section 
1781a(b) of title 10, United States Code, is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
            ``(C) In addition to the representatives appointed under 
        subparagraph (B)--
                    ``(i) one representative from the Army National 
                Guard or Air National Guard, who shall be appointed by 
                the Secretary of Defense; and
                    ``(ii) one representative from the Army Reserve, 
                Navy Reserve, Marine Corps Reserve, or Air Force 
                Reserve, who shall be appointed by the Secretary of 
                Defense.''; and
            (3) in subparagraph (E), as redesignated by paragraph (1), 
        by striking ``subparagraph (B)'' and inserting ``subparagraphs 
        (B) and (C)''.

[[Page 123 STAT. 2304]]

    (b) Term; Rotation Among Reserve Components.--Paragraph (2) of such 
section is amended--
            (1) by striking ``paragraph (1)(C)'' and inserting 
        ``subparagraphs (C) and (D) of paragraph (1)''; and
            (2) by adding at the end the following new sentences: 
        ``Representation on the Council required by clause (i) of 
        paragraph (1)(C) shall rotate between the Army National Guard 
        and Air National Guard. Representation required by clause (ii) 
        of such paragraph shall rotate among the reserve components 
        specified in such clause.''.
SEC. 563. SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS.

    (a) Office of Community Support for Military Families With Special 
Needs.--
            (1) In general.--Subchapter I of chapter 88 of title 10, 
        United States Code, is amended by inserting after section 1781b 
        the following new section:
``Sec. 1781c. Office of Community Support for Military Families 
                    With Special Needs

    ``(a) Establishment.--There is in the Office of the Under Secretary 
of Defense for Personnel and Readiness the Office of Community Support 
for Military Families With Special Needs (in this section referred to as 
the `Office').
    ``(b) Purpose.--The purpose of the Office is to enhance and improve 
Department of Defense support around the world for military families 
with special needs (whether medical or educational needs) through the 
development of appropriate policies, enhancement and dissemination of 
appropriate information throughout the Department of Defense, support 
for such families in obtaining referrals for services and in obtaining 
service, and oversight of the activities of the military departments in 
support of such families.
    ``(c) Director.--(1) The head of the Office shall be the Director of 
the Office of Community Support for Military Families With Special 
Needs, who shall be appointed by the Secretary of Defense from among 
civilian employees of the Department of Defense who are members of the 
Senior Executive Service or members of the armed forces in a general or 
flag grade.
    ``(2) The Director shall be subject to the supervision, direction, 
and control of the Under Secretary of Defense for Personnel and 
Readiness in the discharge of the responsibilities of the Office, and 
shall report directly to the Under Secretary regarding the discharge of 
such responsibilities.
    ``(d) Responsibilities.--The Office shall have the responsibilities 
as follows:
            ``(1) To develop and implement a comprehensive policy on 
        support for military families with special needs as required by 
        subsection (e).
            ``(2) To establish and oversee the programs required by 
        subsection (f).
            ``(3) To identify gaps in services available through the 
        Department of Defense for military families with special needs.
            ``(4) To develop plans to address gaps identified under 
        paragraph (3) through appropriate mechanisms, such as enhancing 
        resources and training and ensuring the provision of special 
        assistance to military families with special needs and military 
        parents of individuals with special needs

[[Page 123 STAT. 2305]]

        (including through the provision of training and seminars to 
        members of the armed forces).
            ``(5) To monitor the programs of the military departments 
        for the assignment of members of the armed forces who are 
        members of military families with special needs, and the 
        programs for the support of such military families, and to 
        advise the Secretary of Defense on the adequacy of such programs 
        in conjunction with the preparation of future-years defense 
        programs and other budgeting and planning activities of the 
        Department of Defense.
            ``(6) To monitor the availability and accessibility of 
        programs provided by other Federal, State, local, and non-
        governmental agencies to military families with special needs.
            ``(7) To carry out such other matters with respect to the 
        programs and activities of the Department of Defense regarding 
        military families with special needs as the Under Secretary of 
        Defense for Personnel and Readiness shall specify.

    ``(e) Policy.--(1) The Office shall develop, and update from time to 
time, a uniform policy for the Department of Defense regarding military 
families with special needs. The policy shall apply with respect to 
members of the armed forces without regard to their location, whether 
within or outside the continental United States.
    ``(2) The policy developed under this subsection shall include 
elements regarding the following:
            ``(A) The assignment of members of the armed forces who are 
        members of military families with special needs.
            ``(B) Support for military families with special needs.

    ``(3) In addressing the assignment of members of the armed forces 
under paragraph (2)(A), the policy developed under this subsection 
shall, in a manner consistent with the needs of the armed forces and 
responsive to the career development of members of the armed forces on 
active duty, provide for such members each of the following:
            ``(A) Assignment to locations where care and support for 
        family members with special needs are available.
            ``(B) Stabilization of assignment for a minimum of 4 years.

    ``(4) In addressing support for military families under paragraph 
(2)(B), the policy developed under this subsection shall provide the 
following:
            ``(A) Procedures to identify members of the armed forces who 
        are members of military families with special needs.
            ``(B) Mechanisms to ensure timely and accurate evaluations 
        of members of such families who have special needs.
            ``(C) Procedures to facilitate the enrollment of such 
        members of the armed forces and their families in programs of 
        the military department for the support of military families 
        with special needs.
            ``(D) Procedures to ensure the coordination of Department of 
        Defense health care programs and support programs for military 
        families with special needs, and the coordination of such 
        programs with other Federal, State, local, and non-governmental 
        health care programs and support programs intended to serve such 
        families.
            ``(E) Requirements for resources (including staffing) to 
        ensure the availability through the Department of Defense

[[Page 123 STAT. 2306]]

        of appropriate numbers of case managers to provide 
        individualized support for military families with special needs.
            ``(F) Requirements regarding the development and continuous 
        updating of an individualized services plan (medical and 
        educational) for each military family with special needs.
            ``(G) Requirements for record keeping, reporting, and 
        continuous monitoring of available resources and family needs 
        under individualized services support plans for military 
        families with special needs, including the establishment and 
        maintenance of a central or various regional databases for such 
        purposes.

    ``(f) Programs.--(1) The Office shall establish, maintain, and 
oversee a program to provide information and referral services on 
special needs matters to military families with special needs on a 
continuous basis regardless of the location of the member's assignment. 
The program shall provide for timely access by members of such military 
families to individual case managers and counselors on matters relating 
to special needs.
    ``(2) The Office shall establish, maintain, and oversee a program of 
outreach on special needs matters for military families with special 
needs. The program shall--
            ``(A) assist military families in identifying whether or not 
        they have a member with special needs; and
            ``(B) provide military families with special needs with 
        information on the services, support, and assistance available 
        through the Department of Defense regarding such members with 
        special needs, including information on enrollment in programs 
        of the military departments for such services, support, and 
        assistance.

    ``(3)(A) The Office shall provide support to the Secretary of each 
military department in the establishment and sustainment by such 
Secretary of a program for the support of military families with special 
needs under the jurisdiction of such Secretary. Each program shall be 
consistent with the policy developed by the Office under subsection (e).
    ``(B) Each program under this paragraph shall provide for 
appropriate numbers of case managers for the development and oversight 
of individualized services plans for educational and medical support for 
military families with special needs.
    ``(C) Services under a program under this paragraph may be provided 
by contract or other arrangements with non-Department of Defense 
entities qualified to provide such services.
    ``(g) Resources.--The Secretary of Defense shall assign to the 
Office such resources, including personnel, as the Secretary considers 
necessary for the discharge of the responsibilities of the Office, 
including a sufficient number of members of the armed forces to ensure 
appropriate representation by the military departments in the personnel 
of the Office.
    ``(h) Reports.--(1) Not later than 180 days after the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2010, and annually thereafter, the Secretary of Defense shall submit to 
the congressional defense committees a report on the activities of the 
Office.
    ``(2) Each report under this subsection shall include the following:

[[Page 123 STAT. 2307]]

            ``(A) A description of any gaps in services available 
        through the Department of Defense for military families with 
        special needs that were identified under subsection (d)(3).
            ``(B) A description of the actions being taken, or planned, 
        to address such gaps, including any plans developed under 
        subsection (d)(4).
            ``(C) Such recommendations for legislative action as the 
        Secretary considers appropriate to provide for the continuous 
        improvement of support and services for military families with 
        special needs.

    ``(i) Military Family With Special Needs.--For purposes of this 
section, a military family with special needs is any military family 
with one or more members who has a medical or educational special need 
(as defined by the Secretary in regulations for purposes of this 
section), including a condition covered by the Extended Health Care 
Option Program under section 1079f of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter I of chapter 88 of such title is amended 
        by inserting after the item relating to section 1781b the 
        following new item:

``1781c. Office of Community Support for Military Families With Special 
           Needs.''.

            (3) Repeal of superseded authority.--Section 587 of the 
        National Defense Authorization Act for Fiscal Year 2008 (Public 
        Law 110-181; 122 Stat. 133; 10 U.S.C. 1781 note) is repealed.

    (b) <<NOTE: 10 USC 1781c note.>> Foundation for Support of Military 
Families With Special Needs.--
            (1) Establishment authorized.--The Secretary of Defense may 
        establish a foundation for the provision of assistance to the 
        Department of Defense in providing support to military families 
        with special needs.
            (2) Purposes.--The purposes of the foundation shall be to 
        assist the Department of Defense as follows:
                    (A) In conducting outreach to identify military 
                families with special needs.
                    (B) In developing programs to support and provide 
                services to military families with special needs.
                    (C) In developing educational curricula for the 
                training of professional and paraprofessional personnel 
                providing support and services on special needs to 
                military families with special needs.
                    (D) In conducting research on the following:
                          (i) The unique factors associated with a 
                      military career (including deployments of members 
                      of the Armed Forces) and their effects on families 
                      and individuals with special needs.
                          (ii) Evidence-based therapeutic and medical 
                      services for members of military families with 
                      special needs, including research in conjunction 
                      with non-Department of Defense entities such as 
                      the National Institutes of Health.
                    (E) In providing vocational education and training 
                for adolescent and adult members of military families 
                with special needs.
                    (F) In carrying out other initiatives to contribute 
                to improved support for military families with special 
                needs.

[[Page 123 STAT. 2308]]

            (3) Department of defense funding.--The Secretary may 
        provide the foundation such financial support as the Secretary 
        considers appropriate, including the provision to the foundation 
        of appropriated funds and non-appropriated funds available to 
        the Department of Defense.
            (4) Annual report.--The foundation shall submit to the 
        Secretary, and to the congressional defense committees, each 
        year a report on its activities under this subsection during the 
        preceding year. Each report shall include, for the year covered 
        by such report, the following:
                    (A) A description of the programs and activities of 
                the foundation.
                    (B) The budget of the foundation, including the 
                sources of any funds provided to the foundation.
            (5) Military family with special needs defined.--In this 
        subsection, the term ``military family with special needs'' has 
        the meaning given such term in section 1781c(i) of title 10, 
        United States Code (as added by subsection (a)).

    (c) Authorization of Appropriations.--In addition to any other 
amounts authorized to be appropriated for the Department of Defense for 
fiscal year 2010 for support of military families with special needs, 
there is hereby authorized to be appropriated to the Department of 
Defense for fiscal year 2010 for military personnel, $50,000,000 for 
purposes of carrying out this section and the amendments made by this 
section. Of such amount, not less than $40,000,000 shall be allocated to 
the military departments for the execution of programs and activities in 
carrying out this section and the amendments made by this section in 
fiscal year 2010.
SEC. 564. <<NOTE: 10 USC 1784 note.>> PILOT PROGRAM TO SECURE 
                        INTERNSHIPS FOR MILITARY SPOUSES WITH 
                        FEDERAL AGENCIES.

    (a) Cost-reimbursement Agreements With Federal Agencies.--The 
Secretary of Defense may enter into an agreement with the head of an 
executive department or agency that has an established internship 
program to reimburse the department or agency for authorized costs 
associated with the first year of employment of an eligible military 
spouse who is selected to participate in the internship program of the 
department or agency.
    (b) Eligible Military Spouses.--
            (1) Eligibility.--Except as provided in paragraph (2), any 
        person who is married to a member of the Armed Forces on active 
        duty is eligible for selection to participate in an internship 
        program under a reimbursement agreement entered into under 
        subsection (a).
            (2) Exclusions.--Reimbursement may not be provided with 
        respect to the following persons:
                    (A) A person who is legally separated from a member 
                of the Armed Forces under court order or statute of any 
                State, the District of Columbia, or possession of the 
                United States when the person begins the internship.
                    (B) A person who is also a member of the Armed 
                Forces on active duty.
                    (C) A person who is a retired member of the Armed 
                Forces.

[[Page 123 STAT. 2309]]

    (c) Funding Source.--Amounts authorized to be appropriated for 
operation and maintenance, for Defense-wide activities, shall be 
available to carry out this section.
    (d) Definitions.--In this section:
            (1) The term ``authorized costs'' includes the costs of the 
        salary, benefits and allowances, and training for an eligible 
        military spouse during the first year of the participation of 
        the military spouse in an internship program pursuant to an 
        agreement under subsection (a).
            (2) The term ``internship'' means a professional, 
        analytical, or administrative position in the Federal Government 
        that operates under a developmental program leading to career 
        advancement.

    (e) Termination of Agreement Authority.--No agreement may be entered 
into under subsection (a) after September 30, 2011. Authorized costs 
incurred after that date may be reimbursed under an agreement entered 
into before that date in the case of eligible military spouses who begin 
their internship by that date.
    (f) Reporting Requirement.--Not later than January 1, 2012, the 
Secretary of Defense shall submit to the congressional defense 
committees a report that provides information on how many eligible 
military spouses received internships pursuant to agreements entered 
into under subsection (a) and the types of internship positions they 
occupied. The report shall specify the number of interns who 
subsequently obtained permanent employment with the department or agency 
administering the internship program or with another department or 
agency. The Secretary shall include a recommendation regarding whether, 
given the investment of Department of Defense funds, the authority to 
enter into agreements should be extended, modified, or terminated.
SEC. 565. FAMILY AND MEDICAL LEAVE FOR FAMILY OF SERVICEMEMBERS.

    (a) General Requirements for Leave.--
            (1) Definition of covered active duty.--
                    (A) Definition.--Section 101 of the Family and 
                Medical Leave Act of 1993 (29 U.S.C. 2611) is amended--
                          (i) by striking paragraph (14) and inserting 
                      the following:
            ``(14) Covered active duty.--The term `covered active duty' 
        means--
                    ``(A) in the case of a member of a regular component 
                of the Armed Forces, duty during the deployment of the 
                member with the Armed Forces to a foreign country; and
                    ``(B) in the case of a member of a reserve component 
                of the Armed Forces, duty during the deployment of the 
                member with the Armed Forces to a foreign country under 
                a call or order to active duty under a provision of law 
                referred to in section 101(a)(13)(B) of title 10, United 
                States Code.''; and
                          (ii) by striking paragraph (15) and 
                      redesignating paragraphs (16) through (19) as 
                      paragraphs (15) through (18), respectively.
                    (B) Leave.--Section 102 of the Family and Medical 
                Leave Act of 1993 (29 U.S.C. 2612) is amended--
                          (i) in subsection (a)(1)(E)--

[[Page 123 STAT. 2310]]

                                    (I) by striking ``active duty'' each 
                                place it appears and inserting ``covered 
                                active duty''; and
                                    (II) by striking ``in support of a 
                                contingency operation''; and
                          (ii) in subsection (e)(3)--
                                    (I) in the paragraph heading, by 
                                striking ``active duty'' and inserting 
                                ``covered active duty'';
                                    (II) by striking ``active duty'' 
                                each place it appears and inserting 
                                ``covered active duty''; and
                                    (III) by striking ``in support of a 
                                contingency operation''.
                    (C) Conforming amendment.--Section 103(f) of the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 2613(f)) 
                is amended, in the subsection heading, by striking 
                ``Active Duty'' each place it appears and inserting 
                ``Covered Active Duty''.
            (2) Definition of covered servicemember.--Paragraph (15) of 
        section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611) (as redesignated by paragraph (1)(A)(ii)) is 
        amended to read as follows:
            ``(15) Covered servicemember.--The term `covered 
        servicemember' means--
                    ``(A) a member of the Armed Forces (including a 
                member of the National Guard or Reserves) who is 
                undergoing medical treatment, recuperation, or therapy, 
                is otherwise in outpatient status, or is otherwise on 
                the temporary disability retired list, for a serious 
                injury or illness; or
                    ``(B) a veteran who is undergoing medical treatment, 
                recuperation, or therapy, for a serious injury or 
                illness and who was a member of the Armed Forces 
                (including a member of the National Guard or Reserves) 
                at any time during the period of 5 years preceding the 
                date on which the veteran undergoes that medical 
                treatment, recuperation, or therapy.''.
            (3) Definitions of serious injury or illness; veteran.--
        Section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611) is further amended by striking paragraph (18) (as 
        redesignated by paragraph (1)(A)(ii)) and inserting the 
        following:
            ``(18) Serious injury or illness.--The term `serious injury 
        or illness'--
                    ``(A) in the case of a member of the Armed Forces 
                (including a member of the National Guard or Reserves), 
                means an injury or illness that was incurred by the 
                member in line of duty on active duty in the Armed 
                Forces (or existed before the beginning of the member's 
                active duty and was aggravated by service in line of 
                duty on active duty in the Armed Forces) and that may 
                render the member medically unfit to perform the duties 
                of the member's office, grade, rank, or rating; and
                    ``(B) in the case of a veteran who was a member of 
                the Armed Forces (including a member of the National 
                Guard or Reserves) at any time during a period described 
                in paragraph (15)(B), means a qualifying (as defined by 
                the Secretary of Labor) injury or illness that was 
                incurred by the member in line of duty on active duty in 
                the Armed

[[Page 123 STAT. 2311]]

                Forces (or existed before the beginning of the member's 
                active duty and was aggravated by service in line of 
                duty on active duty in the Armed Forces) and that 
                manifested itself before or after the member became a 
                veteran.
            ``(19) Veteran.--The term `veteran' has the meaning given 
        the term in section 101 of title 38, United States Code.''.
            (4) Technical amendment.--Section 102(e)(2)(A) of the Family 
        and Medical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) is 
        amended by striking ``or parent'' and inserting ``parent, or 
        covered servicemember''.
            (5) <<NOTE: 29 USC 2611 note.>> Regulations.--In prescribing 
        regulations to carry out the amendments made by this subsection, 
        the Secretary of Labor shall consult with the Secretary of 
        Defense and the Secretary of Veterans Affairs, as applicable.

    (b) Leave for Civil Service Employees.--
            (1) Exigency leave for servicemembers on covered active 
        duty.--
                    (A) Definition.--Section 6381(7) of title 5, United 
                States Code, is amended to read as follows:
            ``(7) the term `covered active duty' means--
                    ``(A) in the case of a member of a regular component 
                of the Armed Forces, duty during the deployment of the 
                member with the Armed Forces to a foreign country; and
                    ``(B) in the case of a member of a reserve component 
                of the Armed Forces, duty during the deployment of the 
                member with the Armed Forces to a foreign country under 
                a call or order to active duty under a provision of law 
                referred to in section 101(a)(13)(B) of title 10, United 
                States Code;''.
                    (B) Leave.--Section 6382 of title 5, United States 
                Code, is amended--
                          (i) in subsection (a)(1), by adding at the end 
                      the following:
            ``(E) Because of any qualifying exigency arising out of the 
        fact that the spouse, or a son, daughter, or parent of the 
        employee is on covered active duty (or has been notified of an 
        impending call or order to covered active duty) in the Armed 
        Forces.'';
                          (ii) in subsection (b)(1), by inserting after 
                      the second sentence the following: ``Subject to 
                      subsection (e)(3) and section 6383(f), leave under 
                      subsection (a)(1)(E) may be taken intermittently 
                      or on a reduced leave schedule.'';
                          (iii) in subsection (d), by striking ``or 
                      (D)'' and inserting ``(D), or (E)''; and
                          (iv) in subsection (e), by adding at the end 
                      the following:

    ``(3) In any case in which the necessity for leave under subsection 
(a)(1)(E) is foreseeable, whether because the spouse, or a son, 
daughter, or parent, of the employee is on covered active duty, or 
because of notification of an impending call or order to covered active 
duty, the employee shall provide such notice to the employer as is 
reasonable and practicable.''.
                    (C) Certification.--Section 6383(f) of title 5, 
                United States Code, is amended by striking ``section 
                6382(a)(3)'' and inserting ``paragraph (1)(E) or (3) of 
                section 6382(a)''.

[[Page 123 STAT. 2312]]

            (2) Definition of covered servicemember.--Paragraph (8) of 
        section 6381 of title 5, United States Code, is amended to read 
        as follows:
            ``(8) the term `covered servicemember' means--
                    ``(A) a member of the Armed Forces (including a 
                member of the National Guard or Reserves) who is 
                undergoing medical treatment, recuperation, or therapy, 
                is otherwise in outpatient status, or is otherwise on 
                the temporary disability retired list, for a serious 
                injury or illness; or
                    ``(B) a veteran who is undergoing medical treatment, 
                recuperation, or therapy, for a serious injury or 
                illness and who was a member of the Armed Forces 
                (including a member of the National Guard or Reserves) 
                at any time during the period of 5 years preceding the 
                date on which the veteran undergoes that medical 
                treatment, recuperation, or therapy;''.
            (3) Definitions of serious injury or illness; veteran.--
        Section 6381 of title 5, United States Code, is further 
        amended--
                    (A) in paragraph (10), by striking ``and'' at the 
                end; and
                    (B) by striking paragraph (11) and inserting the 
                following:
            ``(11) the term `serious injury or illness'--
                    ``(A) in the case of a member of the Armed Forces 
                (including a member of the National Guard or Reserves), 
                means an injury or illness that was incurred by the 
                member in line of duty on active duty in the Armed 
                Forces (or existed before the beginning of the member's 
                active duty and was aggravated by service in line of 
                duty on active duty in the Armed Forces) and that may 
                render the member medically unfit to perform the duties 
                of the member's office, grade, rank, or rating; and
                    ``(B) in the case of a veteran who was a member of 
                the Armed Forces (including a member of the National 
                Guard or Reserves) at any time during a period described 
                in paragraph (8)(B), means an injury or illness that was 
                incurred by the member in line of duty on active duty in 
                the Armed Forces (or existed before the beginning of the 
                member's active duty and was aggravated by service in 
                line of duty on active duty in the Armed Forces) and 
                that manifested itself before or after the member became 
                a veteran; and
            ``(12) the term `veteran' has the meaning given the term in 
        section 101 of title 38, United States Code.''.
            (4) Technical amendment.--Section 6382(e)(2)(A) of title 5, 
        United States Code, is amended by striking ``or parent'' and 
        inserting ``parent, or covered servicemember''.
            (5) <<NOTE: 5 USC 6381 note.>> Regulations.--In prescribing 
        regulations to carry out the amendments made by this subsection, 
        the Office of Personnel Management shall consult with the 
        Secretary of Defense and the Secretary of Veterans Affairs, as 
        applicable.

[[Page 123 STAT. 2313]]

SEC. 566. DEADLINE FOR REPORT ON SEXUAL ASSAULT IN THE ARMED 
                        FORCES BY DEFENSE TASK FORCE ON SEXUAL 
                        ASSAULT IN THE MILITARY SERVICES.

    Section 576(e)(1) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 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. 567. IMPROVED PREVENTION AND RESPONSE TO ALLEGATIONS OF 
                        SEXUAL ASSAULT INVOLVING MEMBERS OF THE 
                        ARMED FORCES.

    (a) Prevention and Response Plan.-- <<NOTE: Deadline.>> Not later 
than 180 days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a revised plan for the 
implementation of policies aimed at preventing and responding 
effectively to sexual assaults involving members of the Armed Forces. 
The revised implementation plan shall include, at a minimum, the 
following elements:
            (1) New initiatives aimed at reducing the number of sexual 
        assaults, including timelines for implementation of such 
        initiatives.
            (2) Requirements for monitoring and reporting on progress in 
        implementation of such initiatives and methods to measure the 
        effectiveness of plans that implement the policies of the 
        Department of Defense regarding sexual assaults involving 
        members of the Armed Forces.
            (3) Training programs for judge advocates, criminal 
        investigators, commanders, prospective commanding officers, 
        senior enlisted members, and personnel with less than six months 
        of active-duty service.
            (4) Information about the status of implementation, funding 
        requirements and budgetary implications, and overall utility of 
        data reporting systems on incidents of sexual assault involving 
        members of the Armed Forces.
            (5) Actions taken to implement recommendations of the 
        Defense Task Force on Sexual Assault in the Military Services 
        established pursuant to section 576 of the Ronald W. Reagan 
        National Defense Authorization Act for Fiscal Year 2005 (Public 
        Law 108-375; 10 U.S.C. 4331 note).
            (6) Information about the funding needed to fully implement 
        initiatives aimed at preventing and responding to sexual assault 
        involving members of the Armed Forces.

    (b) Sexual Assault Medical Forensic Examinations.--
            (1) Capability to conduct timely sexual assault medical 
        forensic examinations in combat zones.-- 
        <<NOTE: Deadline. Reports.>> Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        shall submit to the Committees on Armed Services of the Senate 
        and the House of Representatives a report evaluating the 
        protocols and capabilities of the Armed Forces to conduct timely 
        and effective sexual assault medical forensic examinations in 
        combat zones. The report shall include, at a minimum, the 
        following:
                    (A) The current availability of sexual assault 
                medical forensic examination protocols, trained 
                personnel, and requisite equipment in combat zones.

[[Page 123 STAT. 2314]]

                    (B) An assessment of the barriers to providing 
                timely sexual assault medical forensic examinations to 
                victims of sexual assault at all echelons of care in 
                combat zones.
                    (C) Recommendations regarding improved capability to 
                conduct timely and effective sexual assault medical 
                forensic examinations in combat zones.
            (2) Tricare coverage for forensic medical examinations 
        following sexual assaults.-- <<NOTE: Deadline. Reports.>> Not 
        later than 30 days after the date of the enactment of this Act, 
        the Secretary of Defense shall submit to the Committees on Armed 
        Services of the Senate and the House of Representatives a report 
        describing the progress made in implementing section 1079(a)(17) 
        of title 10, United States Code, as added by section 701 of the 
        John Warner National Defense Authorization Act for Fiscal Year 
        2007 (Public Law 109-364; 120 Stat. 2279).

    (c) <<NOTE: 10 USC 113 note.>> Military Protective Orders.--
            (1) Requirement for data collection.--
                    (A) In general.--Pursuant to regulations prescribed 
                by the Secretary of Defense, information shall be 
                collected on--
                          (i) whether a military protective order was 
                      issued that involved either the victim or alleged 
                      perpetrator of a sexual assault; and
                          (ii) whether military protective orders 
                      involving members of the Armed Forces were 
                      violated in the course of substantiated incidents 
                      of sexual assaults against members of the Armed 
                      Forces.
                    (B) Submission of data.--The data required to be 
                collected under this subsection shall be included in the 
                annual report submitted to Congress on sexual assaults 
                involving members of the Armed Forces.
            (2) Information to members.-- 
        <<NOTE: Deadline. Reports.>> Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        shall submit to the Committees on Armed Services of the Senate 
        and the House of Representatives a report explaining the 
        measures being taken to ensure that, when a military protective 
        order has been issued, the member of the Armed Forces who is 
        protected by the order is informed, in a timely manner, of the 
        member's option to request transfer from the command to which 
        the member is assigned.

    (d) Comptroller General Report.--
            (1) Report required.--Not later than one year after the date 
        of the enactment of this Act, the Comptroller General shall 
        submit to the Committees on Armed Services of the Senate and the 
        House of Representatives a report containing a review of the 
        capability of each of the Armed Forces to timely and effectively 
        investigate and adjudicate allegations of sexual assault against 
        members of the Armed Forces. The Comptroller General shall 
        determine whether existing policies and implementation plans of 
        the Department of Defense, and the resources devoted for this 
        purpose, are adequate or negatively affect the ability of each 
        of the Armed Forces to facilitate the prevention, investigation, 
        and adjudication of such allegations under the Uniform Code of 
        Military Justice.
            (2) Elements of report.--The report required by paragraph 
        (1) shall refer to and incorporate the recommendations of the 
        Defense Task Force on Sexual Assault in the Military

[[Page 123 STAT. 2315]]

        Services regarding investigation and adjudication of sexual 
        assault, and include a review of the following:
                    (A) The procedures required by each of the Armed 
                Forces for responding to allegations of sexual assault 
                (including guidance to commanding officers, standard 
                operating and reporting procedures, and related 
                matters), and the personnel (including judge advocates) 
                and budgetary resources available to each of the Armed 
                Forces to respond to allegations of sexual assault.
                    (B) The scope and effectiveness of personnel 
                training methods regarding investigation and 
                adjudication of sexual assault cases.
                    (C) The capability to investigate and adjudicate 
                sexual assault cases in combat zones.
                    (D) An assessment whether the existing policies of 
                the Department of Defense aimed at preventing and 
                responding to incidents of sexual assault are adequate.
SEC. 568. COMPTROLLER GENERAL REPORT ON PROGRESS MADE IN 
                        IMPLEMENTING RECOMMENDATIONS TO REDUCE 
                        DOMESTIC VIOLENCE IN MILITARY FAMILIES.

    (a) Assessment.-- <<NOTE: Review.>> The Comptroller General shall 
review and assess the progress made by the Department of Defense in 
implementing the recommendations contained in the report by the 
Comptroller General entitled ``Military Personnel: Progress Made in 
Implementing Recommendations to reduce Domestic Violence, but Further 
Management Action Needed'' (GAO-06-540).

    (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Comptroller General shall submit to the congressional 
defense committees a report containing the results of the review and 
assessment under subsection (a).
SEC. 569. REPORT ON IMPACT OF DOMESTIC VIOLENCE ON MILITARY 
                        FAMILIES.

    Not later than one year after the date of the enactment of this Act, 
the Secretary of Defense shall submit to Congress a report containing--
            (1) an assessment of the impact of domestic violence in 
        families of members of the Armed Forces on the children of such 
        families; and
            (2) information on progress being made to ensure that 
        children of families of members of the Armed Forces receive 
        adequate care and services when such children are exposed to 
        domestic violence.
SEC. 570. REPORT ON INTERNATIONAL INTRAFAMILIAL ABDUCTION OF 
                        CHILDREN OF MEMBERS OF THE ARMED FORCES.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall, in consultation 
with the Secretary of State and the Secretaries of the military 
departments, submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the total number of 
children abducted from and returned to members of the Armed Forces in 
international intrafamilial abductions during the years 2007 through 
2009, as such number was included in the numbers and elements of the 
annual Report on Compliance with the Hague Convention on the Civil 
Aspects of International Child Abduction with respect to such years.

[[Page 123 STAT. 2316]]

    (b) Elements.--The report shall include an assessment of the 
following:
            (1) The current availability of, and the additional need 
        for, assistance (including general information, psychological 
        counseling, financial assistance, leave for travel, and legal 
        services) provided by the military departments to left-behind 
        members of the Armed Forces involved in international 
        intrafamilial child abductions for the purpose of obtaining the 
        return of their abducted children and ensuring the military 
        readiness of such members of the Armed Forces.
            (2) The measures taken by the Department of Defense and the 
        military departments, including any written policy guidelines, 
        to prevent the abduction of children of members of the Armed 
        Forces.
            (3) The means by which members of the Armed Forces are 
        educated on the risks of international intrafamilial child 
        abduction, particularly when they first arrive at a military 
        installation overseas or when the Armed Forces receive notice 
        that a member is considering marriage or divorce overseas.
SEC. 571. ASSESSMENT OF IMPACT OF DEPLOYMENT OF MEMBERS OF THE 
                        ARMED FORCES ON THEIR DEPENDENT CHILDREN.

    (a) Assessment Required.--
            (1) In general.--The Secretary of Defense shall undertake a 
        comprehensive assessment of the impacts of military deployment 
        on the dependent children of deployed members of the Armed 
        Forces.
            (2) Consideration of separate categories of children.--In 
        conducting the assessment under paragraph (1), the Secretary 
        shall separately address each of the following categories of 
        dependent children of deployed members:
                    (A) Preschool-age children.
                    (B) Elementary-school age children.
                    (C) Teenage or adolescent children.
            (3) Consideration of separate categories of members.--In 
        conducting the assessment under paragraph (1), the Secretary 
        shall separately address children of deployed members in the 
        following circumstances:
                    (A) Two-parent families with only one parent in the 
                Armed Forces.
                    (B) Members who are single parents.
                    (C) Parents who are both members and subject to dual 
                deployments.

    (b) Elements.--The assessment undertaken under subsection (a) shall 
specifically address the following:
            (1) The impact that separation due to the deployment of a 
        military parent or parents has on children.
            (2) The impact that multiple deployments of a military 
        parent or parents have on children.
            (3) The impact that the return from deployment of a severely 
        wounded or injured military parent or parents has on children.
            (4) The impact that the death of a military parent or 
        parents in connection with a deployment has on children.
            (5) The impact that deployment of a military parent or 
        parents has on children with preexisting psychological 
        conditions, such as anxiety and depression.

[[Page 123 STAT. 2317]]

            (6) The impact that deployment of a military parent or 
        parents has on risk factors, such as child abuse, child neglect, 
        family violence, substance abuse by children, or parental 
        substance abuse.
            (7) Such other matters as the Secretary considers 
        appropriate.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
containing the results of the assessment undertaken under subsection 
(a), including the findings and recommendations of the Secretary as a 
result of the assessment.
SEC. 572. REPORT ON CHILD CUSTODY LITIGATION INVOLVING SERVICE OF 
                        MEMBERS OF THE ARMED FORCES.

    (a) Report Required.--Not later than March 31, 2010, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on all known reported 
cases since September 2003 involving child custody disputes in which the 
service of a member of the Armed Forces, whether a member of a regular 
component of the Armed Forces or a member of a reserve component of the 
Armed Forces, was an issue in the custody dispute.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A statement of the total number of cases, by Armed 
        Force, in which members of the Armed Forces have lost custody of 
        a child as a result of deployment, or the prospect of 
        deployment, under military orders.
            (2) A summary of applicable Federal law pertaining to child 
        custody disputes involving members of the Armed Forces.
            (3) An analysis of the litigation history of all available 
        reported cases involving child custody disputes in which the 
        deployment of a member of the Armed Forces was an issue in the 
        dispute, and a discussion of the rationale presented by deciding 
        judges and courts of the reasons for their rulings.
            (4) An assessment of the nature and extent of the problem, 
        if any, for members of the Armed Forces who are custodial 
        parents in being able to deploy and perform their operational 
        mission while continuing to fulfill their role as parents with 
        sole or joint custody of minor children.
            (5) A discussion of measures being taken by the States, or 
        which are under consideration by State legislatures, to address 
        matters relating to child custody disputes in which one of the 
        parties is a member of the Armed Forces, and an assessment of 
        whether State legislatures and State courts are cognizant of 
        issues involving members of the Armed Forces with minor 
        children.
            (6) A discussion of Family Care Plan policies aimed at 
        ensuring that appropriate measures are taken by members of the 
        Armed Forces to avoid litigation in child custody disputes.
            (7) Such recommendations as the Secretary considers 
        appropriate regarding how best to assist members of the Armed 
        Forces who are single, custodial parents with respect to child 
        custody disputes in connection with the performance of military 
        duties, including the need for legislative or administrative 
        action to provide such assistance.

[[Page 123 STAT. 2318]]

            (8) Such other recommendations for legislative or 
        administrative action as the Secretary considers appropriate.
SEC. 573. COMPTROLLER GENERAL REPORT ON CHILD CARE ASSISTANCE FOR 
                        MEMBERS OF THE ARMED FORCES.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on financial assistance for child care 
provided by the Department of Defense to members of the Armed Forces 
(including members of the reserve components of the Armed Forces who are 
deployed in connection with a contingency operation).
    (b) Elements.--The report required by subsection (a) shall include 
an assessment of the following:
            (1) The types of financial assistance for child care made 
        available by the Department of Defense to members of the Armed 
        Forces (including members of the reserve components of the Armed 
        Forces who are deployed in connection with a contingency 
        operation).
            (2) The extent to which such members have taken advantage of 
        such assistance since such assistance was first made available.
            (3) The formulas used for calculating the amount of such 
        assistance provided to such members.
            (4) The funding allocated to such assistance.
            (5) The remaining costs of child care to families of such 
        members that are not covered by the Department of Defense.
            (6) Any barriers to access to such assistance faced by such 
        members and the families of such members.
            (7) The different criteria used by different States with 
        respect to the regulation of child care services and the 
        potential impact differences in such criteria may have on the 
        access of such members to such assistance.
            (8) The different standards and criteria used by different 
        programs of the Department of Defense for providing such 
        assistance with respect to child care providers and the 
        potential impact differences in such standards and criteria may 
        have on the access of such members to such assistance.
            (9) The number of qualified families that do not receive any 
        financial assistance for child care made available by the 
        Department of Defense.
            (10) Any other matters the Comptroller General determines 
        relevant to the improvement of financial assistance to expand 
        access for child care made available by the Department of 
        Defense to members of the Armed Forces (including members of the 
        reserve components of the Armed Forces who are deployed in 
        connection with a contingency operation).

      Subtitle H-- <<NOTE: Military and Overseas Voter Empowerment 
Act.>> Military Voting
SEC. 575. <<NOTE: 42 USC 1971 note.>> SHORT TITLE.

    This subtitle may be cited as the ``Military and Overseas Voter 
Empowerment Act''.

[[Page 123 STAT. 2319]]

SEC. 576. <<NOTE: 42 USC 1973ff-1 note.>> CLARIFICATION REGARDING 
                        DELEGATION OF STATE RESPONSIBILITIES TO 
                        LOCAL JURISDICTIONS.

    Nothing in the Uniformed and Overseas Citizens Absentee Voting Act 
(42 U.S.C. 1973ff et seq.) may be construed to prohibit a State from 
delegating its responsibilities in carrying out the requirements of such 
Act, including any requirements imposed as a result of the provisions of 
and amendments made by this Act, to jurisdictions in the State.
SEC. 577. ESTABLISHMENT OF PROCEDURES FOR ABSENT UNIFORMED 
                        SERVICES VOTERS AND OVERSEAS VOTERS TO 
                        REQUEST AND FOR STATES TO SEND VOTER 
                        REGISTRATION APPLICATIONS AND ABSENTEE 
                        BALLOT APPLICATIONS BY MAIL AND 
                        ELECTRONICALLY.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) in addition to any other method of registering to vote 
        or applying for an absentee ballot in the State, establish 
        procedures--
                    ``(A) for absent uniformed services voters and 
                overseas voters to request by mail and electronically 
                voter registration applications and absentee ballot 
                applications with respect to general, special, primary, 
                and runoff elections for Federal office in accordance 
                with subsection (e);
                    ``(B) for States to send by mail and electronically 
                (in accordance with the preferred method of transmission 
                designated by the absent uniformed services voter or 
                overseas voter under subparagraph (C)) voter 
                registration applications and absentee ballot 
                applications requested under subparagraph (A) in 
                accordance with subsection (e); and
                    ``(C) by which the absent uniformed services voter 
                or overseas voter can designate whether the voter 
                prefers that such voter registration application or 
                absentee ballot application be transmitted by mail or 
                electronically.''; and
            (2) by adding at the end the following new subsection:

    ``(e) Designation of Means of Electronic Communication for Absent 
Uniformed Services Voters and Overseas Voters To Request and for States 
To Send Voter Registration Applications and Absentee Ballot 
Applications, and for Other Purposes Related to Voting Information.--
            ``(1) In general.--Each State shall, in addition to the 
        designation of a single State office under subsection (b), 
        designate not less than 1 means of electronic communication--
                    ``(A) for use by absent uniformed services voters 
                and overseas voters who wish to register to vote or vote 
                in any jurisdiction in the State to request voter 
                registration applications and absentee ballot 
                applications under subsection (a)(6);
                    ``(B) for use by States to send voter registration 
                applications and absentee ballot applications requested 
                under such subsection; and

[[Page 123 STAT. 2320]]

                    ``(C) for the purpose of providing related voting, 
                balloting, and election information to absent uniformed 
                services voters and overseas voters.
            ``(2) Clarification regarding provision of multiple means of 
        electronic communication.--A State may, in addition to the means 
        of electronic communication so designated, provide multiple 
        means of electronic communication to absent uniformed services 
        voters and overseas voters, including a means of electronic 
        communication for the appropriate jurisdiction of the State.
            ``(3) Inclusion of designated means of electronic 
        communication with informational and instructional materials 
        that accompany balloting materials.--Each State shall include a 
        means of electronic communication so designated with all 
        informational and instructional materials that accompany 
        balloting materials sent by the State to absent uniformed 
        services voters and overseas voters.
            ``(4) Availability and maintenance of online repository of 
        state contact information.-- <<NOTE: Public information.>> The 
        Federal Voting Assistance Program of the Department of Defense 
        shall maintain and make available to the public an online 
        repository of State contact information with respect to 
        elections for Federal office, including the single State office 
        designated under subsection (b) and the means of electronic 
        communication designated under paragraph (1), to be used by 
        absent uniformed services voters and overseas voters as a 
        resource to send voter registration applications and absentee 
        ballot applications to the appropriate jurisdiction in the 
        State.
            ``(5) Transmission if no preference indicated.--In the case 
        where an absent uniformed services voter or overseas voter does 
        not designate a preference under subsection (a)(6)(C), the State 
        shall transmit the voter registration application or absentee 
        ballot application by any delivery method allowable in 
        accordance with applicable State law, or if there is no 
        applicable State law, by mail.
            ``(6) Security and privacy protections.--
                    ``(A) Security protections.--To the extent 
                practicable, States shall ensure that the procedures 
                established under subsection (a)(6) protect the security 
                and integrity of the voter registration and absentee 
                ballot application request processes.
                    ``(B) Privacy protections.--To the extent 
                practicable, the procedures established under subsection 
                (a)(6) shall ensure that the privacy of the identity and 
                other personal data of an absent uniformed services 
                voter or overseas voter who requests or is sent a voter 
                registration application or absentee ballot application 
                under such subsection is protected throughout the 
                process of making such request or being sent such 
                application.''.

    (b) Effective Date.-- <<NOTE: 42 USC 1973ff-1 note.>> 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.

[[Page 123 STAT. 2321]]

SEC. 578. ESTABLISHMENT OF PROCEDURES FOR STATES TO TRANSMIT BLANK 
                        ABSENTEE BALLOTS BY MAIL AND 
                        ELECTRONICALLY TO ABSENT UNIFORMED 
                        SERVICES VOTERS AND OVERSEAS VOTERS.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 577, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) in addition to any other method of transmitting blank 
        absentee ballots in the State, establish procedures for 
        transmitting by mail and electronically blank absentee ballots 
        to absent uniformed services voters and overseas voters with 
        respect to general, special, primary, and runoff elections for 
        Federal office in accordance with subsection (f).''; and
            (2) by adding at the end the following new subsection:

    ``(f) Transmission of Blank Absentee Ballots by Mail and 
Electronically.--
            ``(1) In general.--Each State shall establish procedures--
                    ``(A) to transmit blank absentee ballots by mail and 
                electronically (in accordance with the preferred method 
                of transmission designated by the absent uniformed 
                services voter or overseas voter under subparagraph (B)) 
                to absent uniformed services voters and overseas voters 
                for an election for Federal office; and
                    ``(B) by which the absent uniformed services voter 
                or overseas voter can designate whether the voter 
                prefers that such blank absentee ballot be transmitted 
                by mail or electronically.
            ``(2) Transmission if no preference indicated.--In the case 
        where an absent uniformed services voter or overseas voter does 
        not designate a preference under paragraph (1)(B), the State 
        shall transmit the ballot by any delivery method allowable in 
        accordance with applicable State law, or if there is no 
        applicable State law, by mail.
            ``(3) Security and privacy protections.--
                    ``(A) Security protections.--To the extent 
                practicable, States shall ensure that the procedures 
                established under subsection (a)(7) protect the security 
                and integrity of absentee ballots.
                    ``(B) Privacy protections.--To the extent 
                practicable, the procedures established under subsection 
                (a)(7) shall ensure that the privacy of the identity and 
                other personal data of an absent uniformed services 
                voter or overseas voter to whom a blank absentee ballot 
                is transmitted under such subsection is protected 
                throughout the process of such transmission.''.

    (b) Effective Date.-- <<NOTE: 42 USC 1973ff-1 note.>> 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.

[[Page 123 STAT. 2322]]

SEC. 579. ENSURING ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS 
                        VOTERS HAVE TIME TO VOTE.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1(a)(1)), as amended by sections 
577 and 578, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (6), by striking ``and'' at the 
                end;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) transmit a validly requested absentee ballot to an 
        absent uniformed services voter or overseas voter--
                    ``(A) <<NOTE: Deadlines.>> except as provided in 
                subsection (g), in the case in which the request is 
                received at least 45 days before an election for Federal 
                office, not later than 45 days before the election; and
                    ``(B) in the case in which the request is received 
                less than 45 days before an election for Federal 
                office--
                          ``(i) in accordance with State law; and
                          ``(ii) if practicable and as determined 
                      appropriate by the State, in a manner that 
                      expedites the transmission of such absentee 
                      ballot.'';
            (2) by adding at the end the following new subsection:

    ``(g) Hardship Exemption.--
            ``(1) In general.-- <<NOTE: Waiver authority.>> If the chief 
        State election official determines that the State is unable to 
        meet the requirement under subsection (a)(8)(A) with respect to 
        an election for Federal office due to an undue hardship 
        described in paragraph (2)(B), the chief State election official 
        shall request that the Presidential designee grant a waiver to 
        the State of the application of such subsection. Such request 
        shall include--
                    ``(A) a recognition that the purpose of such 
                subsection is to allow absent uniformed services voters 
                and overseas voters enough time to vote in an election 
                for Federal office;
                    ``(B) an explanation of the hardship that indicates 
                why the State is unable to transmit absent uniformed 
                services voters and overseas voters an absentee ballot 
                in accordance with such subsection;
                    ``(C) the number of days prior to the election for 
                Federal office that the State requires absentee ballots 
                be transmitted to absent uniformed services voters and 
                overseas voters; and
                    ``(D) a comprehensive plan to ensure that absent 
                uniformed services voters and overseas voters are able 
                to receive absentee ballots which they have requested 
                and submit marked absentee ballots to the appropriate 
                State election official in time to have that ballot 
                counted in the election for Federal office, which 
                includes--
                          ``(i) the steps the State will undertake to 
                      ensure that absent uniformed services voters and 
                      overseas voters have time to receive, mark, and 
                      submit their ballots in time to have those ballots 
                      counted in the election;
                          ``(ii) why the plan provides absent uniformed 
                      services voters and overseas voters sufficient 
                      time to vote as a substitute for the requirements 
                      under such subsection; and

[[Page 123 STAT. 2323]]

                          ``(iii) the underlying factual information 
                      which explains how the plan provides such 
                      sufficient time to vote as a substitute for such 
                      requirements.
            ``(2) Approval of waiver request.--After consulting with the 
        Attorney General, the Presidential designee shall approve a 
        waiver request under paragraph (1) if the Presidential designee 
        determines each of the following requirements are met:
                    ``(A) The comprehensive plan under subparagraph (D) 
                of such paragraph provides absent uniformed services 
                voters and overseas voters sufficient time to receive 
                absentee ballots they have requested and submit marked 
                absentee ballots to the appropriate State election 
                official in time to have that ballot counted in the 
                election for Federal office.
                    ``(B) One or more of the following issues creates an 
                undue hardship for the State:
                          ``(i) The State's primary election date 
                      prohibits the State from complying with subsection 
                      (a)(8)(A).
                          ``(ii) The State has suffered a delay in 
                      generating ballots due to a legal contest.
                          ``(iii) The State Constitution prohibits the 
                      State from complying with such subsection.
            ``(3) <<NOTE: Deadlines.>> Timing of waiver.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), a State that requests a waiver under 
                paragraph (1) shall submit to the Presidential designee 
                the written waiver request not later than 90 days before 
                the election for Federal office with respect to which 
                the request is submitted. The Presidential designee 
                shall approve or deny the waiver request not later than 
                65 days before such election.
                    ``(B) Exception.--If a State requests a waiver under 
                paragraph (1) as the result of an undue hardship 
                described in paragraph (2)(B)(ii), the State shall 
                submit to the Presidential designee the written waiver 
                request as soon as practicable. The Presidential 
                designee shall approve or deny the waiver request not 
                later than 5 business days after the date on which the 
                request is received.
            ``(4) Application of waiver.--A waiver approved under 
        paragraph (2) shall only apply with respect to the election for 
        Federal office for which the request was submitted. For each 
        subsequent election for Federal office, the Presidential 
        designee shall only approve a waiver if the State has submitted 
        a request under paragraph (1) with respect to such election.''.

    (b) Runoff Elections.--Section 102(a) of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as amended by 
subsection (a) and sections 577 and 578, is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) if the State declares or otherwise holds a runoff 
        election for Federal office, establish a written plan that 
        provides absentee ballots are made available to absent uniformed 
        services voters and overseas voters in manner that gives them 
        sufficient time to vote in the runoff election.''.

[[Page 123 STAT. 2324]]

    (c) Effective Date.-- <<NOTE: 42 USC 1973ff-1 note.>> The amendments 
made by this section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 and each 
succeeding election for Federal office.
SEC. 580. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED 
                        ABSENTEE BALLOTS OF ABSENT OVERSEAS 
                        UNIFORMED SERVICES VOTERS.

    (a) In General.--The Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 103 
the following new section:
``SEC. 103A. <<NOTE: 42 USC 1973ff-2a.>> PROCEDURES FOR COLLECTION 
                          AND DELIVERY OF MARKED ABSENTEE BALLOTS 
                          OF ABSENT OVERSEAS UNIFORMED SERVICES 
                          VOTERS.

    ``(a) Establishment of Procedures.--The Presidential designee shall 
establish procedures for collecting marked absentee ballots of absent 
overseas uniformed services voters in regularly scheduled general 
elections for Federal office, including absentee ballots prepared by 
States and the Federal write-in absentee ballot prescribed under section 
103, and for delivering such marked absentee ballots to the appropriate 
election officials.
    ``(b) Delivery to Appropriate Election Officials.--
            ``(1) In general.--Under the procedures established under 
        this section, the Presidential designee shall implement 
        procedures that facilitate the delivery of marked absentee 
        ballots of absent overseas uniformed services voters for 
        regularly scheduled general elections for Federal office to the 
        appropriate election officials, in accordance with this section, 
        not later than the date by which an absentee ballot must be 
        received in order to be counted in the election.
            ``(2) Cooperation and coordination with the united states 
        postal service.--The Presidential designee shall carry out this 
        section in cooperation and coordination with the United States 
        Postal Service, and shall provide expedited mail delivery 
        service for all such marked absentee ballots of absent uniformed 
        services voters that are collected on or before the deadline 
        described in paragraph (3) and then transferred to the United 
        States Postal Service.
            ``(3) Deadline described.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the deadline described in this 
                paragraph is noon (in the location in which the ballot 
                is collected) on the seventh day preceding the date of 
                the regularly scheduled general election for Federal 
                office.
                    ``(B) Authority to establish alternative deadline 
                for certain locations.--If the Presidential designee 
                determines that the deadline described in subparagraph 
                (A) is not sufficient to ensure timely delivery of the 
                ballot under paragraph (1) with respect to a particular 
                location because of remoteness or other factors, the 
                Presidential designee may establish as an alternative 
                deadline for that location the latest date occurring 
                prior to the deadline described in subparagraph (A) 
                which is sufficient to provide timely delivery of the 
                ballot under paragraph (1).
            ``(4) No postage requirement.--In accordance with section 
        3406 of title 39, United States Code, such marked absentee

[[Page 123 STAT. 2325]]

        ballots and other balloting materials shall be carried free of 
        postage.
            ``(5) Date of mailing.--Such marked absentee ballots shall 
        be postmarked with a record of the date on which the ballot is 
        mailed.

    ``(c) Outreach for Absent Overseas Uniformed Services Voters on 
Procedures.--The Presidential designee shall take appropriate actions to 
inform individuals who are anticipated to be absent overseas uniformed 
services voters in a regularly scheduled general election for Federal 
office to which this section applies of the procedures for the 
collection and delivery of marked absentee ballots established pursuant 
to this section, including the manner in which such voters may utilize 
such procedures for the submittal of marked absentee ballots pursuant to 
this section.
    ``(d) Absent Overseas Uniformed Services Voter Defined.--In this 
section, the term `absent overseas uniformed services voter' means an 
overseas voter described in section 107(5)(A).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Presidential designee such sums as may be necessary 
to carry out this section.''.
    (b) Conforming Amendment.--Section 101(b) of such Act (42 U.S.C. 
1973ff(b)) 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 sections 577, 578, and 579, is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding the following new paragraph:
            ``(10) carry out section 103A(b)(1) with respect to the 
        processing and acceptance of marked absentee ballots of absent 
        overseas uniformed services voters.''.

    (d) Tracking Marked Ballots.--Section 102 of such Act (42 U.S.C. 
1973ff-1(a)) 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:

[[Page 123 STAT. 2326]]

            ``(9) to the greatest extent practicable, take such actions 
        as may be necessary--
                    ``(A) to ensure that absent uniformed services 
                voters who cast absentee ballots at locations or 
                facilities under the jurisdiction of the Presidential 
                designee are able to do so in a private and independent 
                manner; and
                    ``(B) to protect the privacy of the contents of 
                absentee ballots cast by absentee uniformed services 
                voters and overseas voters while such ballots are in the 
                possession or control of the Presidential designee.''.

    (f) Effective Date.-- <<NOTE: 42 USC 1973ff note.>> The amendments 
made by this section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 and each 
succeeding election for Federal office.
SEC. 581. FEDERAL WRITE-IN ABSENTEE BALLOT.

    (a) Use in General, Special, Primary, and Runoff Elections for 
Federal Office.--
            (1) In general.--Section 103 of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) 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.-- <<NOTE: 42 USC 1973ff note.>> 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.-- 
                <<NOTE: Deadline. Procedures.>> Not later than December 
                31, 2011, the Presidential designee shall adopt 
                procedures to promote and expand the use of the Federal 
                write-in absentee ballot as a back-up measure to vote in 
                elections for Federal office.
                    ``(B) Use of technology.--Under such procedures, the 
                Presidential designee shall utilize technology to 
                implement a system under which the absent uniformed 
                services voter or overseas voter may--
                          ``(i) enter the address of the voter or other 
                      information relevant in the appropriate 
                      jurisdiction of the State, and the system will 
                      generate a list of all candidates in the election 
                      for Federal office in that jurisdiction; and

[[Page 123 STAT. 2327]]

                          ``(ii) submit the marked Federal write-in 
                      absentee ballot by printing the ballot (including 
                      complete instructions for submitting the marked 
                      Federal write-in absentee ballot to the 
                      appropriate State election official and the 
                      mailing address of the single State office 
                      designated under section 102(b)).
                    ``(C) Authorization of appropriations.--There are 
                authorized to be appropriated to the Presidential 
                designee such sums as may be necessary to carry out this 
                paragraph.''.
SEC. 582. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION AND 
                        ABSENTEE BALLOT APPLICATIONS, MARKED 
                        ABSENTEE BALLOTS, AND FEDERAL WRITE-IN 
                        ABSENTEE BALLOTS FOR FAILURE TO MEET 
                        CERTAIN REQUIREMENTS.

    (a) Voter Registration and Absentee Ballot Applications.--Section 
102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff-1) 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.-- <<NOTE: 42 USC 1973ff-1 note.>> The amendments 
made by this section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 and each 
succeeding election for Federal office.
SEC. 583. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.

    (a) Federal Voting Assistance Program Improvements.--
            (1) In general.--The Uniformed and Overseas Citizens 
        Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended by 
        section 580(a), is amended by inserting after section 103A the 
        following new section:

[[Page 123 STAT. 2328]]

``SEC. 103B. <<NOTE: 42 USC 1973ff-2b.>> FEDERAL VOTING ASSISTANCE 
                          PROGRAM IMPROVEMENTS.

    ``(a) Duties.--The Presidential designee shall carry out the 
following duties:
            ``(1) Develop online portals of information to inform absent 
        uniformed services voters regarding voter registration 
        procedures and absentee ballot procedures to be used by such 
        voters with respect to elections for Federal office.
            ``(2) Establish a program to notify absent uniformed 
        services voters of voter registration information and resources, 
        the availability of the Federal postcard application, and the 
        availability of the Federal write-in absentee ballot on the 
        military Global Network, and shall use the military Global 
        Network to notify absent uniformed services voters of the 
        foregoing 90, 60, and 30 days prior to each election for Federal 
        office.

    ``(b) Clarification Regarding Other Duties and Obligations.--Nothing 
in this section shall relieve the Presidential designee of their duties 
and obligations under any directives or regulations issued by the 
Department of Defense, including the Department of Defense Directive 
1000.04 (or any successor directive or regulation) that is not 
inconsistent or contradictory to the provisions of this section.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Federal Voting Assistance Program of the Department 
of Defense (or a successor program) such sums as are necessary for 
purposes of carrying out this section.''.
            (2) Conforming amendments.--Section 101 of such Act (42 
        U.S.C. 1973ff), as amended by section 580, is amended--
                    (A) in subparagraph (b)--
                          (i) by striking ``and'' at the end of 
                      paragraph (8);
                          (ii) by striking the period at the end of 
                      paragraph (9) and inserting ``; and''; and
                          (iii) by adding at the end the following new 
                      paragraph:
            ``(10) carry out section 103B with respect to Federal Voting 
        Assistance Program Improvements.''; and
                    (B) by adding at the end the following new 
                subsection:

    ``(d) Authorization of Appropriations for Carrying Out Federal 
Voting Assistance Program Improvements.--There are authorized to be 
appropriated to the Presidential designee such sums as are necessary for 
purposes of carrying out subsection (b)(10).''.
            (3) Effective date.-- <<NOTE: 42 USC 1973ff note.>> The 
        amendments made by this subsection shall apply with respect to 
        the regularly scheduled general election for Federal office held 
        in November 2010 and each succeeding election for Federal 
        office.

    (b) Voter Registration Assistance for Absent Uniformed Services 
Voters.--
            (1) In general.--Chapter 80 of title 10, United States Code, 
        is amended by inserting after section 1566 the following new 
        section:
``Sec. 1566a. Voting assistance: voter assistance offices

    ``(a) Designation of Offices on Military Installations as Voter 
Assistance Offices.-- <<NOTE: Deadline.>> Not later than 180 days after 
the date of the enactment of the National Defense Authorization Act for 
Fiscal Year 2010 and under regulations prescribed by the Secretary of 
Defense under subsection (f), the Secretaries of the military

[[Page 123 STAT. 2329]]

departments shall designate offices on installations under their 
jurisdiction to provide absent uniformed services voters, particularly 
those individuals described in subsection (b), and their family members 
with the following:
            ``(1) Information on voter registration procedures and 
        absentee ballot procedures (including the official post card 
        form prescribed under section 101 of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff).
            ``(2) Information and assistance, if requested, including 
        access to the Internet where practicable, to register to vote in 
        an election for Federal office.
            ``(3) Information and assistance, if requested, including 
        access to the Internet where practicable, to update the 
        individual's voter registration information, including 
        instructions for absent uniformed services voters to change 
        their address by submitting the official post card form 
        prescribed under section 101 of the Uniformed and Overseas 
        Citizens Absentee Voting Act to the appropriate State election 
        official.
            ``(4) Information and assistance, if requested, to request 
        an absentee ballot under the Uniformed and Overseas Citizens 
        Absentee Voting Act (42 U.S.C. 1973ff et seq.).

    ``(b) Covered Individuals.--The individuals described in this 
subsection are absent uniformed services voters who--
            ``(1) are undergoing a permanent change of duty station;
            ``(2) are deploying overseas for at least six months;
            ``(3) are returning from an overseas deployment of at least 
        six months; or
            ``(4) otherwise request assistance related to voter 
        registration.

    ``(c) Timing of Provision of Assistance.--The regulations prescribed 
by the Secretary of Defense under subsection (f) shall ensure, to the 
maximum extent practicable and consistent with military necessity, that 
the assistance provided under subsection (a) is provided to a covered 
individual described in subsection (b)--
            ``(1) if described in subsection (b)(1), as part of the 
        administrative in-processing of the covered individual upon 
        arrival at the new duty station of the covered individual;
            ``(2) if described in subsection (b)(2), as part of the 
        administrative out-processing of the covered individual in 
        preparation for deployment from the home duty station of the 
        covered individual;
            ``(3) if described in subsection (b)(3), as part of the 
        administrative in-processing of the covered individual upon 
        return to the home duty station of the covered individual; or
            ``(4) if described in subsection (b)(4), at the time the 
        covered individual requests such assistance.

    ``(d) Outreach.--The Secretary of each military department, or the 
Presidential designee, shall take appropriate actions to inform absent 
uniformed services voters of the assistance available under subsection 
(a), including--
            ``(1) the availability of information and voter registration 
        assistance at offices designated under subsection (a); and
            ``(2) the time, location, and manner in which an absent 
        uniformed services voter may utilize such assistance.

    ``(e) Authority To Designate Voting Assistance Offices as Voter 
Registration Agency on Military Installations.--The Secretary of Defense 
may authorize the Secretaries of the

[[Page 123 STAT. 2330]]

military departments to designate offices on military installations as 
voter registration agencies under section 7(a)(2) of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-5(a)(2)) for all purposes of 
such Act. Any office so designated shall discharge the requirements of 
this section, under the regulations prescribed by the Secretary of 
Defense under subsection (f).
    ``(f) Regulations.--The Secretary of Defense shall prescribe 
regulations relating to the administration of the requirements of this 
section. The regulations shall be prescribed before the regularly 
scheduled general election for Federal office held in November 2010, and 
shall be implemented for such general election for Federal office and 
for each succeeding election for Federal office.
    ``(g) Definitions.--In this section:
            ``(1) The term `absent uniformed services voter' has the 
        meaning given that term in section 107(1) of the Uniformed and 
        Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(1)).
            ``(2) The term `Federal office' has the meaning given that 
        term in section 107(3) of the Uniformed and Overseas Citizens 
        Absentee Voting Act (42 U.S.C. 1973ff-6(3)).
            ``(3) The term `Presidential designee' means the official 
        designated by the President under section 101(a) of the 
        Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
        1973ff(a)).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 80 of such title is amended by inserting 
        after the item relating to section 1566 the following new item:

``1566a. Voting assistance: voter assistance offices.''.

SEC. 584. DEVELOPMENT OF STANDARDS FOR REPORTING AND STORING 
                        CERTAIN DATA.

    (a) In General.--Section 101(b) of such Act (42 U.S.C. 1973ff(b)), 
as amended by sections 580 and 583, is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by striking the period at the end of paragraph (10) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(11) working with the Election Assistance Commission and 
        the chief State election official of each State, develop 
        standards--
                    ``(A) for States to report data on the number of 
                absentee ballots transmitted and received under section 
                102(c) and such other data as the Presidential designee 
                determines appropriate; and
                    ``(B) for the Presidential designee to store the 
                data reported.''.

    (b) Conforming Amendment.--Section 102(a) of such Act (42 U.S.C. 
1973ff-1(a)), as amended by sections 577, 578, 579, and 580, is 
amended--
            (1) in paragraph (9), by striking ``and'' at the end;
            (2) in paragraph (10), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(11) report data on the number of absentee ballots 
        transmitted and received under section 102(c) and such other 
        data

[[Page 123 STAT. 2331]]

        as the Presidential designee determines appropriate in 
        accordance with the standards developed by the Presidential 
        designee under section 101(b)(11).''.

    (c) Effective Date.-- <<NOTE: 42 USC 1973ff note.>> The amendments 
made by this section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 and each 
succeeding election for Federal office.
SEC. 585. REPEAL OF PROVISIONS RELATING TO USE OF SINGLE 
                        APPLICATION FOR ALL SUBSEQUENT ELECTIONS.

    (a) In General.--Subsections (a) through (d) of section 104 of the 
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) 
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)-- <<NOTE: 42 USC 1973ff.>> 
                    (A) in paragraph (2), by striking ``, for use by 
                States in accordance with section 104''; and
                    (B) in paragraph (4), by striking ``for use by 
                States in accordance with section 104''; and
            (2) in section 104, as amended by subsection (a)--
                    (A) in the section heading, by striking ``use of 
                single application for all subsequent elections'' and 
                inserting ``prohibition of refusal of applications on 
                grounds of early submission''; and
                    (B) in subsection (e), by striking ``(e) Prohibition 
                of Refusal of Applications on Grounds of Early 
                Submission.--''.
SEC. 586. REPORTING REQUIREMENTS.

    The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff et seq.) is amended by inserting after section 105 the following 
new section:
``SEC. 105A. <<NOTE: 42 USC 1973ff-4a.>> REPORTING REQUIREMENTS.

    ``(a) Report on Status of Implementation and Assessment of 
Programs.--Not later than 180 days after the date of the enactment of 
the Military and Overseas Voter Empowerment Act, the Presidential 
designee shall submit to the relevant committees of Congress a report 
containing the following information:
            ``(1) The status of the implementation of the procedures 
        established for the collection and delivery of marked absentee 
        ballots of absent overseas uniformed services voters under 
        section 103A, and a detailed description of the specific steps 
        taken towards such implementation for the regularly scheduled 
        general election for Federal office held in November 2010.
            ``(2) An assessment of the effectiveness of the Voting 
        Assistance Officer Program of the Department of Defense, which 
        shall include the following:
                    ``(A) A thorough and complete assessment of whether 
                the Program, as configured and implemented as of such 
                date of enactment, is effectively assisting absent 
                uniformed services voters in exercising their right to 
                vote.
                    ``(B) An inventory and explanation of any areas of 
                voter assistance in which the Program has failed to 
                accomplish its stated objectives and effectively assist 
                absent uniformed services voters in exercising their 
                right to vote.

[[Page 123 STAT. 2332]]

                    ``(C) As necessary, a detailed plan for the 
                implementation of any new program to replace or 
                supplement voter assistance activities required to be 
                performed under this Act.
            ``(3) A detailed description of the specific steps taken 
        towards the implementation of voter registration assistance for 
        absent uniformed services voters under section 1566a of title 
        10, United States Code.

    ``(b) Annual Report on Effectiveness of Activities and Utilization 
of Certain Procedures.--Not later than March 31 of each year, the 
Presidential designee shall transmit to the President and to the 
relevant committees of Congress a report containing the following 
information:
            ``(1) An assessment of the effectiveness of activities 
        carried out under section 103B, including the activities and 
        actions of the Federal Voting Assistance Program of the 
        Department of Defense, a separate assessment of voter 
        registration and participation by absent uniformed services 
        voters, a separate assessment of voter registration and 
        participation by overseas voters who are not members of the 
        uniformed services, and a description of the cooperation between 
        States and the Federal Government in carrying out such section.
            ``(2) A description of the utilization of voter registration 
        assistance under section 1566a of title 10, United States Code, 
        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.''.

[[Page 123 STAT. 2333]]

SEC. 587. ANNUAL REPORT ON ENFORCEMENT.

    Section 105 of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973f-4) <<NOTE: 42 USC 1973ff-4.>> is amended--
            (1) by striking ``The Attorney'' and inserting ``(a) In 
        General.--The Attorney''; and
            (2) by adding at the end the following new subsection:

    ``(b) Report to Congress.--Not later than December 31 of each year, 
the Attorney General shall submit to Congress an annual report on any 
civil action brought under subsection (a) during the preceding year.''.
SEC. 588. REQUIREMENTS PAYMENTS.

    (a) Use of Funds.--Section 251(b) of the Help America Vote Act of 
2002 (42 U.S.C. 15401(b)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Activities under uniformed and overseas citizens 
        absentee voting act.--A State shall use a requirements payment 
        made using funds appropriated pursuant to the authorization 
        under section 257(a)(4) only to meet the requirements under the 
        Uniformed and Overseas Citizens Absentee Voting Act imposed as a 
        result of the provisions of and amendments made by the Military 
        and Overseas Voter Empowerment Act.''.

    (b) Conditions for Receipt of Funds.--
            (1) Inclusion of compliance in state plan.--
                    (A) In general.--Section 254(a) of the Help America 
                Vote Act of 2002 (42 U.S.C. 15404(a)) is amended by 
                adding at the end the following new paragraph:
            ``(14) How the State will comply with the provisions and 
        requirements of and amendments made by the Military and Overseas 
        Voter Empowerment Act.''.
                    (B) Conforming amendment.--Section 253(b)(1)(A) of 
                such Act (42 U.S.C. 15403(b)(1)(A)) is amended by 
                striking ``section 254'' and inserting ``section 254(a) 
                (or, for purposes of determining the eligibility of a 
                State to receive a requirements payment appropriated 
                pursuant to the authorization provided under section 
                257(a)(4), contains the element described in paragraph 
                (14) of such section)''.
            (2) Waiver of plan for application of administrative 
        complaint procedures.--Section 253(b)(2) of such Act (42 U.S.C. 
        15403(b)(2)) is amended--
                    (A) by striking ``(2) The State'' and inserting 
                ``(2)(A) Subject to subparagraph (B), the State''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) Subparagraph (A) shall not apply for purposes of 
        determining the eligibility of a State to receive a requirements 
        payment appropriated pursuant to the authorization provided 
        under section 257(a)(4).''.
            (3) Special rule for provision of 5 percent match.--Section 
        253(b)(5) of such Act (42 U.S.C. 15403(b)(5)) is amended--
                    (A) by striking ``(5) The State'' and inserting 
                ``(5)(A) Subject to subparagraph (B), the State''; and
                    (B) by adding at the end the following new 
                subparagraph:

[[Page 123 STAT. 2334]]

            ``(B) Subparagraph (A) shall not apply for purposes of 
        determining the eligibility of a State to receive a requirements 
        payment appropriated pursuant to the authorization provided 
        under section 257(a)(4) for fiscal year 2010, except that if the 
        State does not appropriate funds in accordance with subparagraph 
        (A) prior to the last day of fiscal year 2011, the State shall 
        repay to the Commission the requirements payment which is 
        appropriated pursuant to such authorization.''.

    (c) Authorization.--Section 257(a) of the Help America Vote Act of 
2002 (42 U.S.C. 15407(a)) is amended by adding at the end the following 
new paragraph:
            ``(4) For fiscal year 2010 and subsequent fiscal years, such 
        sums as are necessary for purposes of making requirements 
        payments to States to carry out the activities described in 
        section 251(b)(3).''.
SEC. 589. <<NOTE: 42 USC 1973ff-7.>> TECHNOLOGY PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Absent uniformed services voter.--The term ``absent 
        uniformed services voter'' has the meaning given such term in 
        section 107(a) of the Uniformed and Overseas Citizens Absentee 
        Voting Act (42 U.S.C. 1973ff et seq.).
            (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.

[[Page 123 STAT. 2335]]

            (7) The functional effectiveness of the application or 
        adoption of the pilot program to operational environments, 
        taking into account environmental and logistical obstacles and 
        State procedures.

    (d) Reports.--The Presidential designee shall submit to Congress 
reports on the progress and outcomes of any pilot program conducted 
under this subsection, together with recommendations--
            (1) for the conduct of additional pilot programs under this 
        section; and
            (2) for such legislation and administrative action as the 
        Presidential designee determines appropriate.

    (e) Technical Assistance.--
            (1) In general.--The Election Assistance Commission and the 
        National Institute of Standards and Technology shall provide the 
        Presidential designee with best practices or standards in 
        accordance with electronic absentee voting guidelines 
        established under the first sentence of section 1604(a)(2) of 
        the National Defense Authorization Act for Fiscal Year 2002 
        (Public Law 107-107; 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) to support the pilot program or programs.
            (2) Report.--In the case in which the Election Assistance 
        Commission has not established electronic absentee voting 
        guidelines under such section 1604(a)(2), as so amended, by not 
        later than 180 days after enactment of this Act, the Election 
        Assistance Commission shall submit to the relevant committees of 
        Congress a report containing the following information:
                    (A) The reasons such guidelines have not been 
                established as of such date.
                    (B) A detailed timeline for the establishment of 
                such guidelines.
                    (C) A detailed explanation of the Commission's 
                actions in establishing such guidelines since the date 
                of enactment of the Ronald W. Reagan National Defense 
                Authorization Act for Fiscal Year 2005 (Public Law 108-
                375; 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.

                        Subtitle I--Other Matters

SEC. 591. CLARIFICATION OF PERFORMANCE POLICIES FOR MILITARY 
                        MUSICAL UNITS AND MUSICIANS.

    (a) Clarification.--Section 974 of title 10, United States Code, is 
amended to read as follows:

[[Page 123 STAT. 2336]]

``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 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

[[Page 123 STAT. 2337]]

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

    ``(b) Prohibition of Military Musicians Accepting Additional 
Remuneration for Official Performances.--A military musical unit, and a 
member of the armed forces who is a member of such a unit performing in 
an official capacity, may not receive remuneration for an official 
performance, other than applicable military pay and allowances.
    ``(c) Recordings.--(1) When authorized under regulations prescribed 
by the Secretary of Defense for purposes of this section, a military 
musical unit may produce recordings for distribution to the public, at a 
cost not to exceed expenses of production and distribution.
    ``(2) Amounts received in payment for a recording distributed to the 
public under this subsection shall be credited to the appropriation or 
account providing the funds for the production of the recording. Any 
amount so credited shall be merged with amounts in the appropriation or 
account to which credited, and shall be available for the same purposes, 
and subject to the same conditions and limitations, as amounts in such 
appropriation or account.
    ``(d) Performances at Foreign Locations.--Subsection (a) does not 
apply to a performance outside the United States, its commonwealths, or 
its possessions.
    ``(e) Military Musical Unit Defined.--In this section, the term 
`military musical unit' means a band, ensemble, chorus, or similar 
musical unit of the armed forces.''.
    (b) Clerical Amendment.--The item relating to such section in the 
table of sections at the beginning of chapter 49 of such title is 
amended to read as follows:

``974. Military musical units and musicians: performance policies; 
           restriction on performance in competition with local civilian 
           musicians.''.

SEC. 592. NAVY GRANTS FOR PURPOSES OF NAVAL SEA CADET CORPS.

    (a) Grants Authorized.--Chapter 647 of title 10, United States Code, 
is amended by inserting after section 7541a the following new section:
``Sec. 7541b. Authority to make grants for purposes of Naval Sea 
                    Cadet Corps

    ``Subject to the availability of funds for this purpose, the 
Secretary of the Navy may make grants to support the purposes of Naval 
Sea Cadet Corps, a federally chartered corporation under chapter 1541 of 
title 36.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 647 of such title is amended by inserting after the item 
relating to section 7541a the following new item:

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

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

    (a) Authority to Increase DOD Share of Program.--Section 509(d)(1) 
of title 32, United States Code, is amended by striking ``60 percent of 
the costs'' and inserting ``75 percent of the costs''.
    (b) Effective Date.-- <<NOTE: 32 USC 509 note.>> 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.

[[Page 123 STAT. 2338]]

SEC. 594. EXPANSION OF MILITARY LEADERSHIP DIVERSITY COMMISSION TO 
                        INCLUDE RESERVE COMPONENT REPRESENTATIVES.

    Section 596(b)(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4476) is amended by striking subparagraphs (C), (D), (E) and inserting 
the following new subparagraphs:
                    ``(C) An active commissioned officer from each of 
                the Army, Navy, Air Force, and Marine Corps, an active 
                commissioned officer from the National Guard, and an 
                active commissioned officer from the Reserves, each of 
                whom serves or has served in a leadership position with 
                either a military department command or combatant 
                command.
                    ``(D) A retired general or flag officer from each of 
                the Army, Navy, Air Force, and Marine Corps, a retired 
                general or flag officer from the National Guard, and a 
                retired general or flag officer from the Reserves.
                    ``(E) A retired noncommissioned officer from each of 
                the Army, Navy, Air Force, and Marine Corps, a retired 
                noncommissioned officer from the National Guard, and a 
                retired noncommissioned officer from the Reserves.''.
SEC. 595. EXPANSION OF SUICIDE PREVENTION AND COMMUNITY HEALING 
                        AND RESPONSE TRAINING UNDER THE YELLOW 
                        RIBBON REINTEGRATION PROGRAM.

    Section 582 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 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--

[[Page 123 STAT. 2339]]

                          ``(i) describing the warning signs for suicide 
                      and teaching effective strategies for prevention 
                      and intervention;
                          ``(ii) examining the influence of military 
                      culture on risk and protective factors for 
                      suicide; and
                          ``(iii) engaging in interactive case scenarios 
                      and role plays to practice effective intervention 
                      strategies.
                    ``(B) Community healing and response training.--The 
                Office for Reintegration Programs shall provide the 
                families and communities of National Guard and Reserve 
                members with training in responses to suicide that 
                promote individual and community healing. Such training 
                shall include--
                          ``(i) enhancing collaboration among community 
                      members and local service providers to create an 
                      integrated, coordinated community response to 
                      suicide;
                          ``(ii) communicating best practices for 
                      preventing suicide, including safe messaging, 
                      appropriate memorial services, and media 
                      guidelines;
                          ``(iii) addressing the impact of suicide on 
                      the military and the larger community, and the 
                      increased risk that can result; and
                          ``(iv) managing resources to assist key 
                      community and military service providers in 
                      helping the families, friends, and fellow soldiers 
                      of a suicide victim through the processes of 
                      grieving and healing.
                    ``(C) Collaboration with centers of excellence.--The 
                Office for Reintegration Programs, in consultation with 
                the Defense Centers of Excellence for Psychological 
                Health and Traumatic Brain Injury, shall collect and 
                analyze `lessons learned' and suggestions from State 
                National Guard and Reserve organizations with existing 
                or developing suicide prevention and community response 
                programs.
            ``(4) Termination.--The program established under this 
        subsection shall terminate on October 1, 2012.''.
SEC. 596. <<NOTE: 10 USC 1071 note.>> 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.-- <<NOTE: Deadline.>> Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Defense, in consultation with the Secretaries of the military 
        departments, shall conduct a comprehensive review of the 
        following:
                    (A) The programs and activities of the Department of 
                Defense for the prevention, diagnosis, and treatment of 
                substance use disorders in members of the Armed Forces.
                    (B) The policies of the Department of Defense 
                relating to the disposition of substance abuse offenders 
                in the Armed Forces, including disciplinary action and 
                administrative separation.
            (2) Elements.--The review conducted under paragraph (1) 
        shall include an assessment of each of the following:
                    (A) The current state and effectiveness of the 
                programs of the Department of Defense and the military 
                departments

[[Page 123 STAT. 2340]]

                relating to the prevention, diagnosis, and treatment of 
                substance use disorders.
                    (B) The adequacy of the availability of care, and 
                access to care, for substance abuse in military medical 
                treatment facilities and under the TRICARE program.
                    (C) The adequacy of oversight by the Department of 
                Defense of programs relating to the prevention, 
                diagnosis, and treatment of substance abuse in members 
                of the Armed Forces.
                    (D) The adequacy and appropriateness of current 
                credentials and other requirements for healthcare 
                professionals treating members of the Armed Forces with 
                substance use disorders.
                    (E) The advisable ratio of physician and 
                nonphysician care providers for substance use disorders 
                to members of the Armed Forces with such disorders.
                    (F) The adequacy and appropriateness of protocols 
                and directives for the diagnosis and treatment of 
                substance use disorders in members of the Armed Forces 
                and for the disposition, including disciplinary action 
                and administrative separation, of members of the Armed 
                Forces for substance abuse.
                    (G) The adequacy of the availability of and access 
                to care for substance use disorders for members of the 
                reserve components of the Armed Forces, including an 
                identification of any obstacles that are unique to the 
                prevention, diagnosis, and treatment of substance use 
                disorders among members of the reserve components, and 
                the appropriate disposition, including disciplinary 
                action and administrative separation, of members of the 
                reserve components for substance abuse.
                    (H) The adequacy of the prevention, diagnosis, and 
                treatment of substance use disorders in dependents of 
                members of the Armed Forces.
                    (I) Any gaps in the current capabilities of the 
                Department of Defense for the prevention, diagnosis, and 
                treatment of substance use disorders in members of the 
                Armed Forces.
            (3) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the Committees on Armed Services of the Senate and the House of 
        Representatives a report setting forth the findings and 
        recommendations of the Secretary as a result of the review 
        conducted under paragraph (1). The report shall--
                    (A) set forth the findings and recommendations of 
                the Secretary regarding each element of the review 
                specified in paragraph (2);
                    (B) set forth relevant statistics on the frequency 
                of substance use disorders, disciplinary actions, and 
                administrative separations for substance abuse in 
                members of the regular components of the Armed Forces, 
                members of the reserve component of the Armed Forces, 
                and to the extent applicable, dependents of such members 
                (including spouses and children); and

[[Page 123 STAT. 2341]]

                    (C) include such other findings and recommendations 
                on improvements to the current capabilities of the 
                Department of Defense for the prevention, diagnosis, and 
                treatment of substance use disorders in members of the 
                Armed Forces and the policies relating to the 
                disposition, including disciplinary action and 
                administrative separation, of members of the Armed 
                Forces for substance abuse, as the Secretary considers 
                appropriate.

    (b) Plan for Improvement and Enhancement of Programs and Policies.--
            (1) Plan required.-- <<NOTE: Deadline.>> Not later than 270 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a comprehensive plan for the improvement and enhancement of the 
        following:
                    (A) The programs and activities of the Department of 
                Defense for the prevention, diagnosis, and treatment of 
                substance use disorders in members of the Armed Forces 
                and their dependents.
                    (B) The policies of the Department of Defense 
                relating to the disposition of substance abuse offenders 
                in the Armed Forces, including disciplinary action and 
                administrative separation.
            (2) Basis.--The comprehensive plan required by paragraph (1) 
        shall take into account the following:
                    (A) The results of the review and assessment 
                conducted under subsection (a).
                    (B) Similar initiatives of the Secretary of Veterans 
                Affairs to expand and improve care for substance use 
                disorders among veterans, including the programs and 
                activities conducted under title I of the Veterans' 
                Mental Health and Other Care Improvements Act of 2008 
                (Public Law 110-387; 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 dependents.
                    (B) The policies of the Department of Defense 
                relating to the disposition of substance abuse offenders 
                in the Armed Forces, including disciplinary action and 
                administrative separation.
            (4) Availability of services and treatment.--The 
        comprehensive plan required by paragraph (1) shall include 
        mechanisms to ensure the availability to members of the Armed 
        Forces and their dependents of a core of evidence-based 
        practices across the spectrum of medical and non-medial services 
        and treatments for substance use disorders, including the 
        reestablishment of regional long-term inpatient substance abuse 
        treatment programs. The Secretary may use contracted services 
        for not longer than three years after the date of the enactment 
        of this Act to perform such inpatient substance abuse treatment 
        until the Department of Defense reestablishes this capability 
        within the military health care system.

[[Page 123 STAT. 2342]]

            (5) Prevention and reduction of disorders.--The 
        comprehensive plan required by paragraph (1) shall include 
        mechanisms to facilitate the prevention and reduction of 
        substance use disorders in members of the Armed Forces through 
        science-based initiatives, including education programs, for 
        members of the Armed Forces and their dependents.
            (6) Specific instructions.--The comprehensive plan required 
        by paragraph (1) shall include each of the following:
                    (A) Substances of abuse.--Instructions on the 
                prevention, diagnosis, and treatment of substance abuse 
                in members of the Armed Forces, including the abuse of 
                alcohol, illicit drugs, and nonmedical use and abuse of 
                prescription drugs.
                    (B) Healthcare professionals.--Instructions on--
                          (i) appropriate training of healthcare 
                      professionals in the prevention, screening, 
                      diagnosis, and treatment of substance use 
                      disorders in members of the Armed Forces;
                          (ii) appropriate staffing levels for 
                      healthcare professionals at military medical 
                      treatment facilities for the prevention, 
                      screening, diagnosis, and treatment of substance 
                      use disorders in members of the Armed Forces; and
                          (iii) such uniform training and credentialing 
                      requirements for physician and nonphysician 
                      healthcare professionals in the prevention, 
                      screening, diagnosis, and treatment of substance 
                      use disorders in members of the Armed Forces as 
                      the Secretary considers appropriate.
                    (C) Services for dependents.--Instructions on the 
                availability of services for substance use disorders for 
                dependents of members of the Armed Forces, including 
                instructions on making such services available to 
                dependents to the maximum extent practicable.
                    (D) Relationship between disciplinary action and 
                treatment.--Policy on the relationship between 
                disciplinary actions and administrative separation 
                processing and prevention and treatment of substance use 
                disorders in members of the Armed Forces.
                    (E) Confidentiality.--Recommendations regarding 
                policies pertaining to confidentiality for members of 
                the Armed Forces in seeking or receiving services or 
                treatment for substance use disorders.
                    (F) Participation of chain of command.--Policy on 
                appropriate consultation, reference to, and involvement 
                of the chain of command of members of the Armed Forces 
                in matters relating to the diagnosis and treatment of 
                substance abuse and disposition of members of the Armed 
                Forces for substance abuse.
                    (G) Consideration of gender.--Instructions on gender 
                specific requirements, if appropriate, in the 
                prevention, diagnosis, treatment, and management of 
                substance use disorders in members of the Armed Forces, 
                including gender specific care and treatment 
                requirements.
                    (H) Coordination with other healthcare 
                initiatives.--Instructions on the integration of efforts 
                on the

[[Page 123 STAT. 2343]]

                prevention, diagnosis, treatment, and management of 
                substance use disorders in members of the Armed Forces 
                with efforts to address co-occurring health care 
                disorders (such as post-traumatic stress disorder and 
                depression) and suicide prevention.
            (7) Other elements.--In addition to the matters specified in 
        paragraph (3), the comprehensive plan required by paragraph (1) 
        shall include the following:
                    (A) Implementation plan.--An implementation plan for 
                the achievement of the goals of the comprehensive plan, 
                including goals relating to the following:
                          (i) Enhanced education of members of the Armed 
                      Forces and their dependents regarding substance 
                      use disorders.
                          (ii) Enhanced and improved identification and 
                      diagnosis of substance use disorders in members of 
                      the Armed Forces and their dependents.
                          (iii) Enhanced and improved access of members 
                      of the Armed Forces to services and treatment for 
                      and management of substance use disorders.
                          (iv) Appropriate staffing of military medical 
                      treatment facilities and other facilities for the 
                      treatment of substance use disorders in members of 
                      the Armed Forces.
                    (B) Best practices.--The incorporation of evidence-
                based best practices utilized in current military and 
                civilian approaches to the prevention, diagnosis, 
                treatment, and management of substance use disorders.
                    (C) Available research.--The incorporation of 
                applicable results of available studies, research, and 
                academic reviews on the prevention, diagnosis, 
                treatment, and management of substance use disorders.
            (8) Update in light of independent study.--Upon the 
        completion of the study required by subsection (c), the 
        Secretary of Defense shall--
                    (A) in consultation with the Secretaries of the 
                military departments, make such modifications and 
                improvements to the comprehensive plan required by 
                paragraph (1) as the Secretary of Defense considers 
                appropriate in light of the findings and recommendations 
                of the study; and
                    (B) <<NOTE: Reports.>> submit to the congressional 
                defense committees a report setting forth the 
                comprehensive plan as modified and improved under 
                subparagraph (A).

    (c) Independent Report on Substance Use Disorders Programs for 
Members of the Armed Forces.--
            (1) Study required.--Upon completion of the policy review 
        required by subsection (a), the Secretary of Defense shall 
        provide for a study on substance use disorders programs for 
        members of the Armed Forces to be conducted by the Institute of 
        Medicine of the National Academies of Sciences or such other 
        independent entity as the Secretary shall select for purposes of 
        the study.
            (2) Elements.--The study required by paragraph (1) shall 
        include a review and assessment of the following:
                    (A) The adequacy and appropriateness of protocols 
                for the diagnosis, treatment, and management of 
                substance use disorders in members of the Armed Forces.

[[Page 123 STAT. 2344]]

                    (B) The adequacy of the availability of and access 
                to care for substance use disorders in military medical 
                treatment facilities and under the TRICARE program.
                    (C) The adequacy and appropriateness of current 
                credentials and other requirements for physician and 
                non-physician healthcare professionals treating members 
                of the Armed Forces with substance use disorders.
                    (D) The advisable ratio of physician and non-
                physician care providers for substance use disorders to 
                members of the Armed Forces with such disorders.
                    (E) The adequacy of the availability of and access 
                to care for substance use disorders for members of the 
                reserve components of the Armed Forces when compared 
                with the availability of and access to care for 
                substance use disorders for members of the regular 
                components of the Armed Forces.
                    (F) The adequacy of the prevention, diagnosis, 
                treatment, and management of substance use disorders 
                programs for dependents of members of the Armed Forces, 
                whether such dependents suffer from their own substance 
                use disorder or because of the substance use disorder of 
                a member of the Armed Forces.
                    (G) Such other matters as the Secretary considers 
                appropriate for purposes of the study.
            (3) Report.--Not later than two years after the date of the 
        enactment of this Act, the entity conducting the study required 
        by paragraph (1) shall submit to the Secretary of Defense and 
        the congressional defense committees a report on the results of 
        the study. The report shall set forth the findings and 
        recommendations of the entity as a result of the study.
SEC. 597. REPORTS ON YELLOW RIBBON REINTEGRATION PROGRAM AND OTHER 
                        REINTEGRATION PROGRAMS.

    (a) Report on Reintegration Programs Generally.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
the various reintegration programs being administered in support of 
members of the National Guard and Reserves and their families.
    (b) Additional Elements of Annual Reports on Yellow Ribbon 
Reintegration Program.--The annual reports on the Yellow Ribbon 
Reintegration Program under section 582 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
122; 10 U.S.C. 10101 note) that are submitted under subsection (e)(4) of 
such section after the date of the enactment of this Act shall include 
the following:
            (1) In the first such annual report submitted after the date 
        of the enactment of this Act--
                    (A) a description and assessment of the 
                implementation of the Yellow Ribbon Reintegration 
                Program in fiscal year 2009, including--
                          (i) an assessment of best practices from pilot 
                      programs offered by various States to provide 
                      services to supplement the services available 
                      through the Yellow Ribbon Reintegration Program; 
                      and

[[Page 123 STAT. 2345]]

                          (ii) an assessment of the feasibility of 
                      incorporating such practices into the Yellow 
                      Ribbon Reintegration Program; and
                    (B) current plans for the further implementation of 
                the Yellow Ribbon Reintegration Program during fiscal 
                year 2010.
            (2) A list of the accounts (including accounts of the 
        military departments and accounts for the Office of the 
        Secretary of Defense) from which funds for the Yellow Ribbon 
        Reintegration Program were derived during the most recent fiscal 
        year, and an explanation why such accounts were the source of 
        funding for programs and activities under the Yellow Ribbon 
        Reintegration Program.
            (3) An assessment of the extent to which funding for the 
        Yellow Ribbon Reintegration Program during the most recent 
        fiscal year supported robust joint programs that provided 
        reintegration and support services to members of the National 
        Guard and Reserves and their families regardless of Armed Force 
        with which served.
            (4) An assessment of the extent to which programs and 
        activities under the Yellow Ribbon Reintegration Program during 
        the preceding year were coordinating closely with appropriate 
        programs and activities of the Department of Veterans Affairs.
            (5) A description of current strategies to mitigate 
        difficulties in sustaining attendance at events under the Yellow 
        Ribbon Reintegration Program, and an explanation why funds, if 
        any, that are available for the Yellow Ribbon Reintegration 
        Program but remain unexpended have not been used for the Yellow 
        Ribbon Reintegration Program.
SEC. 598. <<NOTE: 10 USC 113 note.>> REPORTS ON PROGRESS IN 
                        COMPLETION OF CERTAIN INCIDENT INFORMATION 
                        MANAGEMENT TOOLS.

    Not later than 120 days after the date of the enactment of this Act, 
and every six months thereafter, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House of 
Representatives a report detailing the progress of the Secretary with 
respect to the completion of the following:
            (1) The Defense Incident-Based Reporting System.
            (2) The Defense Sexual Assault Incident Database.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2010 increase in military basic pay.
Sec. 602. Increase in maximum monthly amount of supplemental subsistence 
           allowance for low-income members with dependents.
Sec. 603. Special compensation for members of the uniformed services 
           with catastrophic injuries or illnesses requiring assistance 
           in everyday living.
Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence 
           program for certain periods before implementation of program.
Sec. 605. Report on housing standards and housing surveys used to 
           determine basic allowance for housing.
Sec. 606. Comptroller General comparative assessment of military and 
           private-sector pay and benefits.

[[Page 123 STAT. 2346]]

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
           authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
           authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
           nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37 
           consolidated special pay, incentive pay, and bonus 
           authorities.
Sec. 615. One-year extension of authorities relating to payment of other 
           title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of 
           referral bonuses.
Sec. 617. Technical corrections and conforming amendments to reconcile 
           conflicting amendments regarding continued payment of bonuses 
           and similar benefits for certain members.
Sec. 618. Proration of certain special and incentive pays to reflect 
           time during which a member satisfies eligibility requirements 
           for the special or incentive pay.
Sec. 619. Additional assignment pay or special duty pay authorized for 
           members agreeing to serve in Afghanistan for extended 
           periods.
Sec. 620. Temporary authority for monthly special pay for members of the 
           Armed Forces subject to continuing active duty or service 
           under stop-loss authorities.
Sec. 621. Army authority to provide additional recruitment incentives.
Sec. 622. Report on recruitment and retention of members of the Air 
           Force in nuclear career fields.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Travel and transportation for survivors of deceased members of 
           the uniformed services to attend memorial ceremonies.
Sec. 632. Travel and transportation allowances for designated 
           individuals of wounded, ill, or injured members of the 
           uniformed services for duration of inpatient treatment.
Sec. 633. Authorized travel and transportation allowances for non-
           medical attendants for very seriously and seriously wounded, 
           ill, or injured members.
Sec. 634. Reimbursement of travel expenses of members of the Armed 
           Forces on active duty and their dependents for travel for 
           specialty care under exceptional circumstances.
Sec. 635. Report on adequacy of weight allowances for transportation of 
           baggage and household effects for members of the uniformed 
           services.

       Subtitle D--Disability, Retired Pay, and Survivor Benefits

Sec. 641. Transition assistance for reserve component members injured 
           while on active duty.
Sec. 642. Recomputation of retired pay and adjustment of retired grade 
           of Reserve retirees to reflect service after retirement.
Sec. 643. Election to receive retired pay for non-regular service upon 
           retirement for service in an active reserve status performed 
           after attaining eligibility for regular retirement.
Sec. 644. Report on re-determination process for permanently 
           incapacitated dependents of retired and deceased members of 
           the Armed Forces.
Sec. 645. Treatment as active service for retired pay purposes of 
           service as member of Alaska Territorial Guard during World 
           War II.

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

Sec. 651. Limitation on Department of Defense entities offering personal 
           information services to members and their dependents.
Sec. 652. Report on impact of purchasing from local distributors all 
           alcoholic beverages for resale on military installations on 
           Guam.

                        Subtitle F--Other Matters

Sec. 661. Limitations on collection of overpayments of pay and 
           allowances erroneously paid to members.
Sec. 662. Sense of Congress on airfares for members of the Armed Forces.
Sec. 663. Sense of Congress on establishment of flexible spending 
           arrangements for the uniformed services.
Sec. 664. Sense of Congress regarding support for compensation, 
           retirement, and other military personnel programs.

[[Page 123 STAT. 2347]]

                     Subtitle A--Pay and Allowances

SEC. 601. <<NOTE: 37 USC 1009 note.>> 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. <<NOTE: Effective date.>> --Effective on 
January 1, 2010, the rates of monthly basic pay for members of the 
uniformed services are increased by 3.4 percent.
SEC. 602. INCREASE IN MAXIMUM MONTHLY AMOUNT OF SUPPLEMENTAL 
                        SUBSISTENCE ALLOWANCE FOR LOW-INCOME 
                        MEMBERS WITH DEPENDENTS.

    (a) Increase in Maximum Monthly Amount.--Section 402a(a) of title 
37, United States Code, 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) <<NOTE: 37 USC 402a note.>> Effective Date.--The amendments made 
by subsection (a) shall take effect on October 1, 2009, and shall apply 
with respect to monthly supplemental subsistence allowances for low-
income members with dependents payable on or after that date.

    (c) Report on Elimination of Reliance on Supplemental Nutrition 
Assistance Program to Meet Nutritional Needs of Members of the Armed 
Forces and Their Dependents.--I22    (1) In general.--Not later than 
September 1, 2010, the Secretary of Defense, in consultation with the 
Secretary of Agriculture, shall submit to the congressional defense 
committees a report setting forth a plan for actions to eliminate the 
need for members of the Armed Forces and their dependents to rely on the 
supplemental nutrition assistance program under the Food and Nutrition 
Act of 2008 (7 U.S.C. 2011 et seq.) 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 and to 
                notify their commanding officer if they are accepted for 
                participation in the supplemental nutrition assistance 
                program.
                    (D) A method for accurately determining the total 
                number of members of the Armed Forces who are 
                participating in the supplemental nutrition assistance 
                program.

[[Page 123 STAT. 2348]]

                    (E) Such other matters as the Secretary of Defense 
                considers appropriate.
SEC. 603. SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED 
                        SERVICES WITH CATASTROPHIC INJURIES OR 
                        ILLNESSES REQUIRING ASSISTANCE IN EVERYDAY 
                        LIVING.

    (a) In General.--Chapter 7 of title 37, United States Code, is 
amended by adding at the end the following new section:
``Sec. 439. Special compensation: members of the uniformed 
                services with catastrophic injuries or illnesses 
                requiring assistance in everyday living

    ``(a) Monthly Compensation Authorized.--The Secretary concerned may 
pay to any member of the uniformed services described in subsection (b) 
monthly special compensation in an amount determined under subsection 
(c).
    ``(b) Covered Members.--A member eligible for monthly special 
compensation authorized by subsection (a) is a member who--
            ``(1) has a catastrophic injury or illness that was incurred 
        or aggravated in the line of duty;
            ``(2) has been certified by a licensed physician to be in 
        need of assistance from another person to perform the personal 
        functions required in everyday living;
            ``(3) in the absence of the provision of such assistance, 
        would require hospitalization, nursing home care, or other 
        residential institutional care; and
            ``(4) meets such other criteria, if any, as the Secretary of 
        Defense (or the Secretary of Homeland Security, with respect to 
        the Coast Guard) prescribes for purposes of this section.

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

    ``(2) In determining the amount of monthly special compensation, the 
Secretary concerned shall consider the following:
            ``(A) The extent to which home health care and related 
        services are being provided by the Government.
            ``(B) The value of the aid and attendance care necessary to 
        assist the member in performing the personal functions required 
        in everyday living, to be determined regardless of the sources 
        of the care (other than the source identified in subparagraph 
        (A)) actually being provided to the member.

    ``(d) Duration.--The eligibility of a member to receive special 
monthly compensation under subsection (a) expires on the earlier of the 
following:
            ``(1) The last day of the month during which a 90-day period 
        ends that begins on the date of the separation or retirement of 
        the member.
            ``(2) The last day of the month during which the member 
        dies.
            ``(3) The last day of the month during which the member is 
        determined to be no longer afflicted with the catastrophic 
        injury or illness referred to in subsection (b)(1).

[[Page 123 STAT. 2349]]

            ``(4) The last day of the month preceding the month during 
        which the member begins receiving compensation under section 
        1114(r)(2) of title 38.

    ``(e) Construction With Other Pay and Allowances.--Monthly special 
compensation payable to a member under this section is in addition to 
any other pay and allowances payable to the member by law.
    ``(f) Benefit Information.--(1) <<NOTE: Web posting.>> The Secretary 
of Defense, in collaboration with the Secretary of Veterans Affairs, 
shall ensure that members of the uniformed services who may be eligible 
for compensation under this section are made aware of the availability 
of such compensation by including information about such compensation in 
written and online materials for such members and their families.

    ``(2) The Secretary of Defense shall ensure that a member eligible 
to receive special monthly compensation under this section is aware that 
the member's eligibility for such compensation will expire pursuant to 
subsection (d)(1) after the end of the 90-day period that begins on the 
date of the separation or retirement of the member even though the 
member has not begun to receive compensation under section 1114(r)(2) of 
title 38 before the end of such period.
    ``(g) Catastrophic Injury or Illness Defined.--In this section, the 
term `catastrophic injury or illness' means a permanent, severely 
disabling injury, disorder, or illness that the Secretary concerned 
determines compromises the ability of the afflicted person to carry out 
the activities of daily living to such a degree that the person 
requires--
            ``(1) personal or mechanical assistance to leave home or 
        bed; or
            ``(2) constant supervision to avoid physical harm to self or 
        others.

    ``(h) Regulations.--The Secretary of Defense (or the Secretary of 
Homeland Security, with respect to the Coast Guard) shall prescribe 
regulations to carry out this section.''.
    (b) Report to Congress.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Defense (and the 
        Secretary of Homeland Security, with respect to the Coast Guard) 
        shall submit to Congress a report on the provision of 
        compensation under section 439 of title 37, United States Code, 
        as added by subsection (a) of this section.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) An estimate of the number of members of the 
                uniformed services eligible for compensation under such 
                section 439.
                    (B) The number of members of the uniformed services 
                receiving compensation under such section.
                    (C) The average amount of compensation provided to 
                members of the uniformed services receiving such 
                compensation.
                    (D) The average amount of time required for a member 
                of the uniformed services to receive such compensation 
                after the member becomes eligible for such compensation.
                    (E) A summary of the types of injuries, disorders, 
                and illnesses of members of the uniformed services 
                receiving

[[Page 123 STAT. 2350]]

                such compensation that made such members eligible for 
                such compensation.

    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title is amended by adding at the end the following 
new item:

``439. Special compensation: members of the uniformed services with 
           catastrophic injuries or illnesses requiring assistance in 
           everyday living.''.

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

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

    (b) Benefits.--The benefits specified in this subsection are the 
following:
            (1) In the case of an individual who is a former member of 
        the Armed Forces at the time of the provision of benefits under 
        this section, payment of an amount not to exceed $200 for each 
        day the individual would have qualified for a day of 
        administrative absence as described in subsection (a) during the 
        period specified in that subsection.
            (2) In the case of an individual who is a member of the 
        Armed Forces at the time of the provision of benefits under this 
        section, either one day of administrative absence or payment of 
        an amount not to exceed $200, as selected by the Secretary 
        concerned, for each day the individual would have qualified for 
        a day of administrative absence as described in subsection (a) 
        during the period specified in that subsection.

    (c) Exclusion of Certain Former Members.--A former member of the 
Armed Forces is not eligible under this section for the benefits 
specified in subsection (b)(1) if the former member was discharged or 
released from the Armed Forces under other than honorable conditions.
    (d) Form of Payment.--The paid benefits providable under subsection 
(b) may be paid in a lump sum or installments, at the election of the 
Secretary concerned.
    (e) Construction With Other Pay and Leave.--The benefits provided a 
member or former member of the Armed Forces under this section are in 
addition to any other pay, absence, or leave provided by law.
    (f) Definitions.--In this section:
            (1) The term ``Post-Deployment/Mobilization Respite Absence 
        program'' means the program of a military department to provide 
        days of administrative absence not chargeable against available 
        leave to certain deployed or mobilized members of the Armed 
        Forces in order to assist such members in reintegrating into 
        civilian life after deployment or mobilization.

[[Page 123 STAT. 2351]]

            (2) The term ``Secretary concerned'' has the meaning given 
        that term in section 101(5) of title 37, United States Code.

    (g) Duration.--
            (1) In general.--The authority to provide benefits under 
        this section shall expire on the date that is one year after the 
        date of the enactment of this Act.
            (2) Construction.--Expiration under this subsection of the 
        authority to provide benefits under this section shall not 
        affect the utilization of any day of administrative absence 
        provided a member of the Armed Forces under subsection (b)(2), 
        or the payment of any payment authorized a member or former 
        member of the Armed Forces under subsection (b), before the 
        expiration of the authority in this section.
SEC. 605. REPORT ON HOUSING STANDARDS AND HOUSING SURVEYS USED TO 
                        DETERMINE BASIC ALLOWANCE FOR HOUSING.

    (a) Report Required.--Not later than July 1, 2010, the Secretary of 
Defense shall submit to the congressional defense committees a report 
containing the following reviews:
            (1) A review of the housing standards used to determine the 
        monthly rates of basic allowance for housing under section 403 
        of title 37, United States Code.
            (2) A review of the process and schedule for conducting 
        surveys used to establish locality rates in housing areas to 
        determine such monthly rates of basic allowance for housing.

    (b) Elements of Housing Standards Review.--In conducting the reviews 
under subsection (a), the Secretary shall consider whether the housing 
standards and survey process are suitable in terms of--
            (1) recognizing the societal needs and expectations of 
        families in the United States;
            (2) providing for an appropriate quality of life for members 
        of the Armed Forces in all grades;
            (3) recognizing the appropriate rewards and prestige 
        associated with promotion to higher military grades throughout 
        the rank structure; and
            (4) reflecting the most current housing cost data available.

    (c) Inclusion of Recommended Changes.--The report required by 
subsection (a) shall include--
            (1) such recommended changes to the housing standards, 
        including an estimate of the cost of each recommended change, as 
        the Secretary considers appropriate; and
            (2) such recommended changes to improve the survey process, 
        including ensuring that the housing cost data used to establish 
        the rates is the most current data available, as the Secretary 
        considers appropriate.
SEC. 606. COMPTROLLER GENERAL COMPARATIVE ASSESSMENT OF MILITARY 
                        AND PRIVATE-SECTOR PAY AND BENEFITS.

    (a) Study Required.--The Comptroller General shall conduct a study 
comparing pay and benefits provided by law to members of the Armed 
Forces with pay and benefits provided by the private sector to 
comparably situated private-sector employees to assess how the 
differences in pay and benefits effect recruiting and retention of 
members of the Armed Forces.
    (b) Elements.--The study required by subsection (a) shall include, 
but not be limited to, the following:

[[Page 123 STAT. 2352]]

            (1) An assessment of total military compensation for 
        officers and for enlisted personnel, including basic pay, the 
        basic allowance for housing (BAH), the basic allowance for 
        subsistence (BAS), tax benefits applicable to military pay and 
        allowances under Federal law (including the Social Security 
        laws) and State law, military retirement benefits, commissary 
        and exchange privileges, and military healthcare benefits.
            (2) An assessment of private-sector pay and benefits for 
        civilians of similar age, education, and experience with similar 
        job responsibilities and working conditions as officers and 
        enlisted personnel of the Armed Forces, including pay, bonuses, 
        employee options, fringe benefits, retirement benefits, 
        individual retirement investment benefits, flexible spending 
        accounts and health savings accounts, and any other elements of 
        private-sector compensation that the Comptroller General 
        considers appropriate.
            (3) An identification of the percentile of comparable 
        private-sector compensation at which members of the Armed Forces 
        are paid, including an assessment of the adequacy of percentile 
        comparisons generally and whether the Department of Defense goal 
        of compensating members of the Armed Forces at the 80th 
        percentile of comparable private-sector compensation, as 
        described in the 10th Quadrennial Review of Military 
        Compensation, is appropriate and adequate to attract and retain 
        quality individuals to serve in the Armed Forces.

    (c) Report.--The Comptroller General shall submit to the 
congressional defense committees a report on the study required by 
subsection (a) by not later than April 1, 2010.

           Subtitle B--Bonuses and Special and Incentive Pays

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

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

[[Page 123 STAT. 2353]]

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

    (a) Title 10 Authorities.--The following sections of title 10, 
United States Code, are amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010'':
            (1) Section 2130a(a)(1), relating to nurse officer candidate 
        accession program.
            (2) Section 16302(d), relating to repayment of education 
        loans for certain health professionals who serve in the Selected 
        Reserve.

    (b) Title 37 Authorities.--The following sections of title 37, 
United States Code, are amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010'':
            (1) Section 302c-1(f), relating to accession and retention 
        bonuses for psychologists.
            (2) Section 302d(a)(1), relating to accession bonus for 
        registered nurses.
            (3) Section 302e(a)(1), relating to incentive special pay 
        for nurse anesthetists.
            (4) Section 302g(e), relating to special pay for Selected 
        Reserve health professionals in critically short wartime 
        specialties.
            (5) Section 302h(a)(1), relating to accession bonus for 
        dental officers.
            (6) Section 302j(a), relating to accession bonus for 
        pharmacy officers.
            (7) Section 302k(f), relating to accession bonus for medical 
        officers in critically short wartime specialties.
            (8) Section 302l(g), relating to accession bonus for dental 
        specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES 
                        FOR NUCLEAR OFFICERS.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 312(f), relating to special pay for nuclear-
        qualified officers extending period of active service.
            (2) Section 312b(c), relating to nuclear career accession 
        bonus.
            (3) Section 312c(d), relating to nuclear career annual 
        incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37 
                        CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, 
                        AND BONUS AUTHORITIES.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 331(h), relating to general bonus authority for 
        enlisted members.
            (2) Section 332(g), relating to general bonus authority for 
        officers.
            (3) Section 333(i), relating to special bonus and incentive 
        pay authorities for nuclear officers.
            (4) Section 334(i), relating to special aviation incentive 
        pay and bonus authorities for officers.

[[Page 123 STAT. 2354]]

            (5) Section 335(k), relating to special bonus and incentive 
        pay authorities for officers in health professions.
            (6) Section 351(i), relating to hazardous duty pay.
            (7) Section 352(g), relating to assignment pay or special 
        duty pay.
            (8) Section 353(j), relating to skill incentive pay or 
        proficiency bonus.
            (9) Section 355(i), relating to retention incentives for 
        members qualified in critical military skills or assigned to 
        high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
                        OTHER TITLE 37 BONUSES AND SPECIAL PAYS.

    The following sections of chapter 5 of title 37, United States Code, 
are amended by striking ``December 31, 2009'' and inserting ``December 
31, 2010'':
            (1) Section 301b(a), relating to aviation officer retention 
        bonus.
            (2) Section 307a(g), relating to assignment incentive pay.
            (3) Section 308(g), relating to reenlistment bonus for 
        active members.
            (4) Section 309(e), relating to enlistment bonus.
            (5) Section 324(g), relating to accession bonus for new 
        officers in critical skills.
            (6) Section 326(g), relating to incentive bonus for 
        conversion to military occupational specialty to ease personnel 
        shortage.
            (7) Section 327(h), relating to incentive bonus for transfer 
        between armed forces.
            (8) Section 330(f), relating to accession bonus for officer 
        candidates.
SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
                        REFERRAL BONUSES.

    The following sections of title 10, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 1030(i), relating to health professions referral 
        bonus.
            (2) Section 3252(h), relating to Army referral bonus.
SEC. 617. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS TO 
                        RECONCILE CONFLICTING AMENDMENTS REGARDING 
                        CONTINUED PAYMENT OF BONUSES AND SIMILAR 
                        BENEFITS FOR CERTAIN MEMBERS.

    (a) Technical Corrections to Reconcile Conflicting Amendments.--
Section 303a(e) of title 37, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively;
            (3) in paragraph (5), as so redesignated, by striking 
        ``paragraph (3)(B)'' and inserting ``paragraph (4)(B)'';
            (4) by redesignating paragraph (2), as added by section 
        651(b) of the Duncan Hunter National Defense Authorization Act 
        for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), as 
        paragraph (3); and

[[Page 123 STAT. 2355]]

            (5) by redesignating the second subparagraph (B) of 
        paragraph (1), originally added as paragraph (2) by section 
        2(a)(3) of the Hubbard Act (Public Law 110-317; 122 Stat. 3526) 
        and erroneously designated as subparagraph (B) by section 
        651(a)(3) of the Duncan Hunter National Defense Authorization 
        Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), 
        as paragraph (2).

    (b) Inclusion of Hubbard Act Amendment in Consolidated Special Pay 
and Bonus Authorities.--Section 373(b) of such title is amended--
            (1) in paragraph (2), by striking the paragraph heading and 
        inserting ``Special rule for deceased and disabled members.--''; 
        and
            (2) by adding at the end the following new paragraph:
            ``(3) Special rule for members who receive sole survivorship 
        discharge.--(A) If a member of the uniformed services receives a 
        sole survivorship discharge, the Secretary concerned--
                    ``(i) shall not require repayment by the member of 
                the unearned portion of any bonus, incentive pay, or 
                similar benefit previously paid to the member; and
                    ``(ii) may grant an exception to the requirement to 
                terminate the payment of any unpaid amounts of a bonus, 
                incentive pay, or similar benefit if the Secretary 
                concerned determines that termination of the payment of 
                the unpaid amounts would be contrary to a personnel 
                policy or management objective, would be against equity 
                and good conscience, or would be contrary to the best 
                interests of the United States.
            ``(B) <<NOTE: Definition.>> In this paragraph, the term 
        `sole survivorship discharge' means the separation of a member 
        from the Armed Forces, at the request of the member, pursuant to 
        the Department of Defense policy permitting the early separation 
        of a member who is the only surviving child in a family in 
        which--
                    ``(i) the father or mother or one or more siblings--
                          ``(I) served in the Armed Forces; and
                          ``(II) was killed, died as a result of wounds, 
                      accident, or disease, is in a captured or missing 
                      in action status, or is permanently 100 percent 
                      disabled or hospitalized on a continuing basis 
                      (and is not employed gainfully because of the 
                      disability or hospitalization); and
                    ``(ii) the death, status, or disability did not 
                result from the intentional misconduct or willful 
                neglect of the parent or sibling and was not incurred 
                during a period of unauthorized absence.''.
SEC. 618. PRORATION OF CERTAIN SPECIAL AND INCENTIVE PAYS TO 
                        REFLECT TIME DURING WHICH A MEMBER 
                        SATISFIES ELIGIBILITY REQUIREMENTS FOR THE 
                        SPECIAL OR INCENTIVE PAY.

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

[[Page 123 STAT. 2356]]

                    (B) by striking ``at the rate of $225 for any 
                month'' in the matter preceding paragraph (1) and 
                inserting ``under subsection (b) for any month or 
                portion of a month'';
            (2) in subsection (c), by striking paragraph (3);
            (3) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (4) by inserting after subsection (a) the following new 
        subsection:

    ``(b) Special Pay Amount; Proration.--(1) The special pay authorized 
by subsection (a) may not exceed $225 a month.
    ``(2) Except as provided in subsection (c), if a member does not 
satisfy the eligibility requirements specified in paragraphs (1) and (2) 
of subsection (a) for an entire month for receipt of special pay under 
subsection (a), the Secretary concerned may prorate the payment amount 
to reflect the duration of the member's actual qualifying service during 
the month.''.
    (b) Hazardous Duty Pay.--Section 351 of such title is amended--
            (1) by striking subsections (c) and (d) and redesignating 
        subsections (e) through (i) as subsections (d) through (h), 
        respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:

    ``(c) Method of Payment; Proration.--
            ``(1) Monthly payment.--Subject to paragraph (2), hazardous 
        duty pay shall be paid on a monthly basis.
            ``(2) Proration.--If a member does not satisfy the 
        eligibility requirements specified in paragraph (1), (2), or (3) 
        of subsection (a) for an entire month for receipt of hazardous 
        duty pay, the Secretary concerned may prorate the payment amount 
        to reflect the duration of the member's actual qualifying 
        service during the month.''.

    (c) Assignment or Special Duty Pay.--Section 352(b)(1) of such title 
is amended by adding at the end the following new sentence: ``If paid 
monthly, the Secretary concerned may prorate the monthly amount of the 
assignment or special duty pay for a member who does not satisfy the 
eligibility requirement for an entire month to reflect the duration of 
the member's actual qualifying service during the month.''.
    (d) Skill Incentive Pay.--Section 353 of such title is amended--
            (1) by striking subsection (f) and redesignating subsections 
        (g) through (j) as subsections (f) through (i), respectively; 
        and
            (2) in subsection (c), by striking paragraph (1) and 
        inserting the following new paragraph:
            ``(1) Skill incentive pay.--(A) Skill incentive pay under 
        subsection (a) may not exceed $1,000 a month.
            ``(B) If a member does not satisfy the eligibility 
        requirements specified in paragraphs (1) and (2) of subsection 
        (a) for an entire month for receipt of skill incentive pay, the 
        Secretary concerned may prorate the payment amount to reflect 
        the duration of the member's actual qualifying service during 
        the month. A member of a reserve component entitled to 
        compensation under section 206 of this title who is authorized 
        skill incentive pay under subsection (a) may be paid an amount 
        of such pay that is proportionate to the compensation received

[[Page 123 STAT. 2357]]

        by the member under section 206 of this title for inactive-duty 
        training.''.
SEC. 619. <<NOTE: 37 USC 352 note.>> ADDITIONAL ASSIGNMENT PAY OR 
                        SPECIAL DUTY PAY AUTHORIZED FOR MEMBERS 
                        AGREEING TO SERVE IN AFGHANISTAN FOR 
                        EXTENDED PERIODS.

    (a) Authority to Provide Additional Assignment Pay or Special Duty 
Pay.--The Secretary of Defense may provide assignment pay or special 
duty pay under section 352 of title 37, United States Code, in excess of 
the maximum amount of monthly or lump sum assignment or special duty pay 
authorized under subsection (b) of such section, to members of the Armed 
Forces (particularly members who achieve language proficiency at levels 
and in languages specified by the Secretary of Defense) who agree to 
serve on active duty in Afghanistan for a minimum of three years. The 
assignment period required by the agreement shall provide for reasonable 
periods of leave.
    (b) Reporting Requirements.--The Secretary shall submit to Congress 
an annual report on the use of the authority provided under subsection 
(a) during the preceding year, including--
            (1) the number of members of the Armed Forces receiving 
        assignment pay or special duty pay under section 352 of title 
        37, United States Code, in excess of the maximum amount 
        otherwise authorized under such section; and
            (2) an assessment of the impact of the use of such authority 
        on the effectiveness and efficiency in achieving the United 
        States mission in Afghanistan.

    (c) Duration of Authority.--The authority provided by subsection (a) 
to offer additional assignment pay or special duty pay under section 352 
of title 37, United States Code, expires on December 31, 2012. The 
expiration of such authority shall not affect the terms or duration of 
any agreement entered into before that date to provide additional 
assignment pay or special duty pay under such section.
SEC. 620. <<NOTE: 37 USC 301 note.>> TEMPORARY AUTHORITY FOR 
                        MONTHLY SPECIAL PAY FOR MEMBERS OF THE 
                        ARMED FORCES SUBJECT TO CONTINUING ACTIVE 
                        DUTY OR SERVICE UNDER STOP-LOSS 
                        AUTHORITIES.

    (a) Special Pay Authorized.--The Secretary of the military 
department concerned may pay monthly special pay to any member of the 
Army, Navy, Air Force, or Marine Corps (including a member of a reserve 
component thereof) for any month, or portion of a month, in which the 
member serves on active duty in the Armed Forces, or has the member's 
eligibility for retirement from the Armed Forces suspended, as described 
in subsection (b).
    (b) Eligibility Requirements. <<NOTE: Time period.>> --A member of 
the Armed Forces referred to in subsection (a) is eligible to receive 
special pay under this section if the member, at any time during the 
period beginning on October 1, 2009, and ending on June 30, 2011, serves 
on active duty while the member's enlistment or period of obligated 
service is extended, or has the member's eligibility for retirement 
suspended, pursuant to section 123 or 12305 of title 10, United States 
Code, or any other provision of law (commonly referred to as a ``stop-
loss authority'') that authorizes the President to extend an enlistment 
or period of obligated service, or suspend eligibility for retirement, 
of a member of the Armed

[[Page 123 STAT. 2358]]

Forces in time of war or national emergency declared by Congress or the 
President.

    (c) Amount.--The amount of monthly special pay payable to a member 
under this section for a month may not exceed $500.
    (d) Construction With Other Pays.--Monthly special pay payable to a 
member under this section is in addition to any other amounts payable to 
the member by law.
SEC. 621. <<NOTE: 10 USC 503 note.>> ARMY AUTHORITY TO PROVIDE 
                        ADDITIONAL RECRUITMENT INCENTIVES.

    (a) Extension of Authority.--Subsection (i) of section 681 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3321) is amended to read as follows:
    ``(i) Duration of Authority.--
            ``(1) In general.--The Secretary may not develop an 
        incentive under this section, or first provide an incentive 
        developed under this section to an individual, after December 
        31, 2012.
            ``(2) Continuation of incentives.--Nothing in paragraph (1) 
        shall be construed to prohibit or limit the continuing provision 
        to an individual after the date specified in that paragraph of 
        an incentive first provided the individual under this section 
        before that date.''.

    (b) Limitation on Use of Authority.--Subsection (e) of such section 
is amended by inserting ``at the same time'' after ``provided''.
SEC. 622. REPORT ON RECRUITMENT AND RETENTION OF MEMBERS OF THE 
                        AIR FORCE IN NUCLEAR CAREER FIELDS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Air Force shall submit to 
the congressional defense committees a report on the efforts of the Air 
Force to attract and retain qualified individuals for service as members 
of the Air Force involved in the operation, maintenance, handling, and 
security of nuclear weapons.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of current reenlistment rates and officer 
        retention rates, set forth by Air Force Specialty Code, of 
        members of the Air Force serving in positions involving the 
        operation, maintenance, handling, and security of nuclear 
        weapons.
            (2) A description of the current personnel fill rate for Air 
        Force units involved in the operation, maintenance, handling, 
        and security of nuclear weapons.
            (3) A description of the steps the Air Force has taken, 
        including the use of retention bonuses or assignment incentive 
        pay, to improve recruiting and reenlistment of enlisted 
        personnel and accession and retention of officers by the Air 
        Force for the positions described in paragraph (1).
            (4) An assessment of the feasibility, advisability, utility, 
        and cost effectiveness of establishing additional bonuses or 
        incentive pay as a way to enhance the recruitment and retention 
        by the Air Force of skilled personnel in the positions described 
        in paragraph (1).
            (5) An assessment of whether assignment incentive pay should 
        be provided for members of the Air Force covered by the 
        Personnel Reliability Program.
            (6) An assessment of the long-term community management plan 
        for recruitment, retention, and assignment by the

[[Page 123 STAT. 2359]]

        Air Force of skilled personnel in the positions described in 
        paragraph (1).
            (7) Such other matters as the Secretary considers 
        appropriate.

            Subtitle C--Travel and Transportation Allowances

SEC. 631. TRAVEL AND TRANSPORTATION FOR SURVIVORS OF DECEASED 
                        MEMBERS OF THE UNIFORMED SERVICES TO 
                        ATTEND MEMORIAL CEREMONIES.

    (a) Allowances Authorized.--Subsection (a) of section 411f of title 
37, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):

    ``(2) The Secretary concerned may provide round trip travel and 
transportation allowances to eligible relatives of a member of the 
uniformed services who dies while on active duty in order that the 
eligible relatives may attend a memorial service for the deceased member 
that occurs at a location other than the location of the burial ceremony 
for which travel and transportation allowances are provided under 
paragraph (1). Travel and transportation allowances may be provided 
under this paragraph for travel of eligible relatives to only one 
memorial service for the deceased member concerned.''.
    (b) Conforming Amendments.--Subsection (c) of such section is 
amended--
            (1) by striking ``subsection (a)(1)'' the first place it 
        appears and inserting ``paragraphs (1) and (2) of subsection 
        (a)''; and
            (2) by striking ``subsection (a)(1)'' the second place it 
        appears and inserting ``paragraph (1) or (2) of subsection 
        (a)''.
SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DESIGNATED 
                        INDIVIDUALS OF WOUNDED, ILL, OR INJURED 
                        MEMBERS OF THE UNIFORMED SERVICES FOR 
                        DURATION OF INPATIENT TREATMENT.

    (a) Authority To Provide Travel to Designated Individuals.--
Subsection (a) of section 411h of title 37, United States Code, 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.--

[[Page 123 STAT. 2360]]

            (1) In general.--Paragraph (1) of subsection (b) of such 
        section is amended by striking ``the term'' and all that follows 
        and inserting ``the term `designated individual', with respect 
        to a member, means--
            ``(A) an individual designated by the member for the 
        purposes of this section; or
            ``(B) in the case of a member who has not made a designation 
        under subparagraph (A) and, as determined by the attending 
        physician or surgeon, is not able to make such a designation, an 
        individual who, as designated by the attending physician or 
        surgeon and the commander or head of the military medical 
        facility exercising control over the member, is someone with a 
        personal relationship to the member whose presence may aid and 
        support the health and welfare of the member during the duration 
        of the member's inpatient treatment.''.
            (2) Designations not permanent.--Paragraph (2) of such 
        subsection is amended to read as follows:

    ``(2) The designation of an individual as a designated individual 
for purposes of this section may be changed at any time.''.
    (c) Coverage of Members Hospitalized Outside the United States Who 
Were Wounded or Injured in a Combat Operation or Combat Zone.--
            (1) Coverage for hospitalization outside the united 
        states.--Subparagraph (B) of subsection (a)(2) of such section 
        is amended--
                    (A) in clause (i), by striking ``in or outside the 
                United States''; and
                    (B) in clause (ii), by striking ``in the United 
                States''.
            (2) Clarification of members covered.--Such subparagraph is 
        further amended--
                    (A) in clause (i), by inserting ``seriously 
                wounded,'' after ``(i) is''; and
                    (B) in clause (ii)--
                          (i) by striking ``an injury'' and inserting 
                      ``a wound or an injury''; and
                          (ii) by striking ``that injury'' and inserting 
                      ``that wound or injury''.

    (d) Coverage of Members With Serious Mental Disorders.--
            (1) In general.--Subsection (a)(2)(B)(i) of such section, as 
        amended by subsection (c) of this section, is further amended by 
        inserting ``(including having a serious mental disorder)'' after 
        ``seriously injured''.
            (2) Serious mental disorder defined.--Subsection (b) of such 
        section 411h, as amended by subsection (b) of this section, is 
        further amended by adding at the end the following new 
        paragraph:

    ``(4)(A) In this section, the term `serious mental disorder', in the 
case of a member, means that the member has been diagnosed with a mental 
disorder that requires intensive mental health treatment or 
hospitalization.
    ``(B) The circumstances in which a member shall be considered to 
have a serious mental disorder for purposes of this section shall 
include, but not be limited to, the following:
            ``(i) The member is considered to be a potential danger to 
        self or others as a result of a diagnosed mental disorder

[[Page 123 STAT. 2361]]

        that requires intensive mental health treatment or 
        hospitalization.
            ``(ii) The member is diagnosed with a mental disorder and 
        has psychotic symptoms that require intensive mental health 
        treatment or hospitalization.
            ``(iii) The member is diagnosed with a mental disorder and 
        has severe symptoms or severe impairment in functioning that 
        require intensive mental health treatment or hospitalization.''.

    (e) Frequency of Authorized Travel.--Paragraph (3) of subsection (a) 
of such section 411h is amended to read as follows:
    ``(3) Not more than a total of three roundtrips may be provided 
under paragraph (1) in any 60-day period at Government expense to the 
individuals who, with respect to a member, are the designated 
individuals of that member in effect during that period. However, if the 
Secretary concerned has granted a waiver under the second sentence of 
paragraph (1) with respect to a member, then for any 60-day period in 
which the waiver is in effect the limitation in the preceding sentence 
shall be adjusted accordingly. In addition, during any period during 
which there is in effect a non-medical attendant designation for a 
member under section 411k of this title, not more than a total of two 
roundtrips may be provided under paragraph (1) in any 60-day period at 
Government expense until there no longer is a designation of a non-
medical attendant or that designation transfers to another individual, 
in which case during the transfer period three roundtrips may be 
provided.''.
    (f) Stylistic and Conforming Amendments.--Such section is further 
amended--
            (1) in subsection (a), by striking ``(a)(1)'' and inserting 
        ``(a) Travel and Transportation Authorized.--(1)'';
            (2) in subsection (b)--
                    (A) by striking ``(b)(1)'' and inserting ``(b) 
                Definitions.--(1)''; and
                    (B) in paragraph (3)--
                          (i) by inserting ``(A)'' after ``(3)''; and
                          (ii) by adding at the end the following new 
                      subparagraph:

    ``(B) In this paragraph, the term `family member', with respect to a 
member, means the following:
            ``(i) The member's spouse.
            ``(ii) Children of the member (including stepchildren, 
        adopted children, and illegitimate children).
            ``(iii) Parents of the member or persons in loco parentis to 
        the member, including fathers and mothers through adoption and 
        persons who stood in loco parentis to the member for a period 
        not less than one year immediately before the member entered the 
        uniformed service, except that only one father and one mother or 
        their counterparts in loco parentis may be recognized in any one 
        case.
            ``(iv) Siblings of the member.
            ``(v) A person related to the member as described in clause 
        (i), (ii), (iii), or (iv) who is also a member of the uniformed 
        services.'';
            (3) in subsection (c)--
                    (A) by striking ``(c)(1)'' and inserting ``(c) Round 
                Trip Transportation and Per Diem Allowance.--(1)''; and

[[Page 123 STAT. 2362]]

                    (B) in paragraph (1), by striking ``family member'' 
                and inserting ``designated individual''; and
            (4) in subsection (d), by striking ``(d)(1)'' and inserting 
        ``(d) Method of Transportation Authorized.--(1)''.

    (g) Clerical Amendments.--
            (1) Section heading.--The heading of such section is amended 
        to read as follows:
``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) <<NOTE: 37 USC 411h note.>> Applicability of Amendments.--No 
reimbursement may be provided under section 411h of title 37, United 
States Code, by reason of the amendments made by this section for travel 
and transportation costs incurred before the date of the enactment of 
this Act.
SEC. 633. AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES FOR NON-
                        MEDICAL ATTENDANTS FOR VERY SERIOUSLY AND 
                        SERIOUSLY WOUNDED, ILL, OR INJURED 
                        MEMBERS.

    (a) Payment of Travel Costs Authorized.--
            (1) In general.--Chapter 7 of title 37, United States Code, 
        is amended by inserting after section 411j the following new 
        section:
``Sec. 411k. Travel and transportation allowances: non-medical 
                  attendants for members who are determined to be 
                  very seriously or seriously wounded, ill, or 
                  injured

    ``(a) Allowance for Non-medical Attendant. <<NOTE: Regulations.>> --
Under uniform regulations prescribed by the Secretaries concerned, 
travel and transportation described in subsection (d) may be provided 
for a qualified non-medical attendant for a covered member of the 
uniformed services described in subsection (c) if the attending 
physician or surgeon and the commander or head of the military medical 
facility exercising control over the member determine that the presence 
of such an attendant may contribute to the member's health and welfare.

    ``(b) Qualified Non-medical Attendant.--For purposes of this 
section, a qualified non-medical attendant, with respect to a covered 
member, is an individual who--
            ``(1) is designated by the member to be a non-medical 
        attendant for the member for purposes of this section; and
            ``(2) is determined by the attending physician or surgeon 
        and the commander or head of the military medical facility to be 
        appropriate to serve as a non-medical attendant for the member 
        and whose presence may contribute to the health and welfare of 
        the member.

[[Page 123 STAT. 2363]]

    ``(c) Covered Members.--A member of the uniformed services covered 
by this section is a member who--
            ``(1) as a result of a wound, illness, or injury, has been 
        determined by the attending physician or surgeon to be in the 
        category known as `very seriously wounded, ill, or injured' or 
        `seriously wounded, ill, or injured'; and
            ``(2) is hospitalized for treatment of the wound, illness, 
        or injury or requires continuing outpatient treatment for the 
        wound, illness, or injury.

    ``(d) Authorized Travel and Transportation.--(1) The transportation 
authorized by subsection (a) for a qualified non-medical attendant for a 
member is round-trip transportation between the home of the attendant 
and the location at which the member is receiving treatment and may 
include transportation, while accompanying the member, to any other 
location to which the member is subsequently transferred for further 
treatment. A designated non-medical attendant under this section may not 
also be a designated individual for travel and transportation allowances 
section 411h(a) of this title.
    ``(2) The transportation authorized by subsection (a) includes any 
travel necessary to obtain treatment for the member at the location to 
which the member is permanently assigned.
    ``(3) In addition to the transportation authorized by subsection 
(a), the Secretary concerned may provide a per diem allowance or 
reimbursement for the actual and necessary expenses of the travel, or a 
combination thereof, but not to exceed the rates established under 
section 404(d) of this title.
    ``(4) The transportation authorized by subsection (a) may be 
provided by any of the following means:
            ``(A) Transportation in-kind.
            ``(B) A monetary allowance in place of transportation in-
        kind at a rate to be prescribed by the Secretaries concerned.
            ``(C) Reimbursement for the commercial cost of 
        transportation.

    ``(5) An allowance payable under this subsection may be paid in 
advance.
    ``(6) Reimbursement payable under this subsection may not exceed the 
cost of Government-procured commercial round-trip air travel.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the item 
        related to section 411j the following new item:

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

    (b) <<NOTE: 37 USC 411k note.>> Applicability.--No reimbursement may 
be provided under section 411k of title 37, United States Code, as added 
by subsection (a), for travel and transportation costs incurred before 
the date of the enactment of this Act.
SEC. 634. 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

[[Page 123 STAT. 2364]]

            (2) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) Reimbursement for Travel Under Exceptional Circumstances.--The 
Secretary of Defense may provide reimbursement for reasonable travel 
expenses of travel of members of the armed forces on active duty and 
their dependents, and accompaniment, to a specialty care provider not 
otherwise authorized by subsection (a) under such exceptional 
circumstances as the Secretary considers appropriate for purposes of 
this section.''.
    (b) Technical Amendment.--Subsection (a) of such section is amended 
by inserting ``of Defense'' after ``the Secretary''.
SEC. 635. REPORT ON ADEQUACY OF WEIGHT ALLOWANCES FOR 
                        TRANSPORTATION OF BAGGAGE AND HOUSEHOLD 
                        EFFECTS FOR MEMBERS OF THE UNIFORMED 
                        SERVICES.

    (a) Report Required.--Not later than July 1, 2010, the Secretary of 
Defense shall submit to the congressional defense committees a report 
containing--
            (1) a review of the weight allowances provided for the 
        transportation of baggage and household goods under section 
        406(b)(1)(C) of title 37, United States Code; and
            (2) such recommended changes to the weight allowance, 
        including an estimate of the cost of each recommended change, as 
        the Secretary considers appropriate.

    (b) Elements of Review.--The Secretary shall consider whether the 
weight allowances reviewed under subsection (a) are suitable in terms 
of--
            (1) recognizing the societal needs and expectations of 
        families in the United States;
            (2) providing for an appropriate quality of life for members 
        of the Armed Forces in all grades; and
            (3) recognizing the appropriate rewards and prestige 
        associated with promotion to higher military grade, with 
        particular attention to mid-grade and senior noncommissioned 
        officer ranks.

       Subtitle D--Disability, Retired Pay, and Survivor Benefits

SEC. 641. TRANSITION ASSISTANCE FOR RESERVE COMPONENT MEMBERS 
                        INJURED WHILE ON ACTIVE DUTY.

    (a) In General.--Chapter 61 of title 10, United States Code, is 
amended by inserting after section 1218 the following new section:
``Sec. 1218a. Discharge or release from active duty: transition 
                    assistance for reserve component members 
                    injured while on active duty

    ``(a) Provision of Certain Information.--Before a member of a 
reserve component described in subsection (b) is demobilized or 
separated from the armed forces, the Secretary of the military 
department concerned shall provide to the member the following 
information:
            ``(1) Information on the availability of care and 
        administrative processing through community based warrior 
        transition units.

[[Page 123 STAT. 2365]]

            ``(2) Information on the location of the community based 
        warrior transition unit located nearest to the permanent place 
        of residence of the member.

    ``(b) Covered Members. <<NOTE: Applicability.>> --Subsection (a) 
applies to members of a reserve component who are injured while on 
active duty in the armed forces.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 61 of such title is amended by inserting after the item relating 
to section 1218 the following new item:

``1218a. Discharge or release from active duty: transition assistance 
           for reserve component members injured while on active 
           duty.''.

SEC. 642. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF RETIRED 
                        GRADE OF RESERVE RETIREES TO REFLECT 
                        SERVICE AFTER RETIREMENT.

    (a) Recomputation of Retired Pay.--Section 12739 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(e)(1) If a member of the Retired Reserve is recalled to an active 
status in the Selected Reserve of the Ready Reserve under section 
10145(d) of this title and completes not less than two years of service 
in such active status, the member is entitled to the recomputation under 
this section of the retired pay of the member.
    ``(2) The Secretary concerned may reduce the two-year service 
requirement specified in paragraph (1) in the case of a member who--
            ``(A) is recalled to serve in a position of adjutant general 
        required under section 314 of title 32 or in a position of 
        assistant adjutant general subordinate to such a position of 
        adjutant general;
            ``(B) completes at least one year of service in such 
        position; and
            ``(C) fails to complete the minimum two years of service 
        solely because the appointment of the member to such position is 
        terminated or vacated as described in section 324(b) of title 
        32.''.

    (b) Adjustment of Retired Grade.--Section 12771 of such title is 
amended--
            (1) by striking ``Unless'' and inserting ``(a) Grade on 
        Transfer.--Unless''; and
            (2) by adding at the end the following new subsection:

    ``(b) Effect of Subsequent Recall to Active Status.--(1) If a member 
of the Retired Reserve who is a commissioned officer is recalled to an 
active status in the Selected Reserve of the Ready Reserve under section 
10145(d) of this title and completes not less than two years of service 
in such active status, the member is entitled to an adjustment in the 
retired grade of the member in the manner provided in section 1370(d) of 
this title.
    ``(2) The Secretary concerned may reduce the two-year service 
requirement specified in paragraph (1) in the case of a member who--
            ``(A) is recalled to serve in a position of adjutant general 
        required under section 314 of title 32 or in a position of 
        assistant adjutant general subordinate to such a position of 
        adjutant general;
            ``(B) completes at least one year of service in such 
        position; and

[[Page 123 STAT. 2366]]

            ``(C) fails to complete the minimum two years of service 
        solely because the appointment of the member to such position is 
        terminated or vacated as described in section 324(b) of title 
        32.''.
SEC. 643. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR SERVICE 
                        UPON RETIREMENT FOR SERVICE IN AN ACTIVE 
                        RESERVE STATUS PERFORMED AFTER ATTAINING 
                        ELIGIBILITY FOR REGULAR RETIREMENT.

    (a) Election Authority; Requirements.--Subsection (a) of section 
12741 of title 10, United States Code, is amended to read as follows:
    ``(a) Authority to Elect to Receive Reserve Retired Pay.--(1) 
Notwithstanding the requirement in paragraph (4) of section 12731(a) of 
this title that a person may not receive retired pay under this chapter 
when the person is entitled, under any other provision of law, to 
retired pay or retainer pay, a person may elect to receive retired pay 
under this chapter, instead of receiving retired or retainer pay under 
chapter 65, 367, 571, or 867 of this title, if the person--
            ``(A) satisfies the requirements specified in paragraphs (1) 
        and (2) of such section for entitlement to retired pay under 
        this chapter;
            ``(B) served in an active status in the Selected Reserve of 
        the Ready Reserve after becoming eligible for retirement under 
        chapter 65, 367, 571, or 867 of this title (without regard to 
        whether the person actually retired or received retired or 
        retainer pay under one of those chapters); and
            ``(C) completed not less than two years of satisfactory 
        service (as determined by the Secretary concerned) in such 
        active status (excluding any period of active service).

    ``(2) The Secretary concerned may reduce the minimum two-year 
service requirement specified in paragraph (1)(C) in the case of a 
person who--
            ``(A) completed at least one year of service in a position 
        of adjutant general required under section 314 of title 32 or in 
        a position of assistant adjutant general subordinate to such a 
        position of adjutant general; and
            ``(B) failed to complete the minimum years of service solely 
        because the appointment of the person to such position was 
        terminated or vacated as described in section 324(b) of title 
        32.''.

    (b) Actions to Effectuate Election.--Subsection (b) of such section 
is amended by striking paragraph (1) and inserting the following new 
paragraph:
            ``(1) terminate the eligibility of the person to retire 
        under chapter 65, 367, 571, or 867 of this title, if the person 
        is not already retired under one of those chapters, and 
        terminate entitlement of the person to retired or retainer pay 
        under one of those chapters, if the person was already receiving 
        retired or retainer pay under one of those chapters; and''.

    (c) Conforming Amendment to Reflect New Variable Age Requirement for 
Retirement.--Subsection (d) of such section is amended--
            (1) in paragraph (1), by striking ``attains 60 years of 
        age'' and inserting ``attains the eligibility age applicable to 
        the person under section 12731(f) of this title''; and

[[Page 123 STAT. 2367]]

            (2) in paragraph (2)(A), by striking ``attains 60 years of 
        age'' and inserting ``attains the eligibility age applicable to 
        the person under such section''.

    (d) Retired Pay Base.--
            (1) Members becoming members before september 8, 1980.--
        Section 1406(b)(2) of such title is amended by inserting after 
        ``when retired pay is granted'' the following: ``(or, in the 
        case of a person entitled to retired pay by reason of an 
        election under section 12741(a) of this title, at rates 
        applicable on the date the person completes the service required 
        under such section 12741(a))''.
            (2) Members becoming members after september 7, 1980.--
        Section 1407(d)(4) of such title is amended by inserting after 
        ``became entitled to retired pay'' the following: ``or, in the 
        case of a member or former member entitled to retired pay by 
        reason of an election under section 12741(a) of this title, 
        before the member or former member completes the service 
        required under such section 12741(a),''.

    (e) Clerical Amendments.--
            (1) Section heading.--The heading for section 12741 of such 
        title is amended to read as follows:
``Sec. 12741. Retirement for service in an active status performed 
                    in the Selected Reserve of the Ready Reserve 
                    after eligibility for regular retirement''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 1223 of such title is amended by striking 
        the item relating to section 12741 and inserting the following 
        new item:

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

SEC. 644. REPORT ON RE-DETERMINATION PROCESS FOR PERMANENTLY 
                        INCAPACITATED DEPENDENTS OF RETIRED AND 
                        DECEASED MEMBERS OF THE ARMED FORCES.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to Congress 
a report on the re-determination process of the Department of Defense 
used to determine the eligibility of permanently incapacitated 
dependents of retired and deceased members of the Armed Forces for 
benefits provided under laws administered by the Secretary.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An assessment of the re-determination process, including 
        the following:
                    (A) The rationale for requiring a quadrennial 
                recertification of financial support after issuance of a 
                permanent identification card to a permanently 
                incapacitated dependent.
                    (B) The administrative and other burdens the 
                quadrennial recertification imposes on the affected 
                sponsor and dependents, especially after the sponsor 
                becomes ill, incapacitated, or deceased.
                    (C) The extent to which the quadrennial 
                recertification undermines the utility of issuing a 
                permanent identification card.

[[Page 123 STAT. 2368]]

                    (D) The extent of the consequences entailed in 
                eliminating the requirement for quadrennial 
                recertification.
            (2) Specific recommendations for the following:
                    (A) Improving the efficiency of the recertification 
                process.
                    (B) Minimizing the burden of such process on the 
                sponsors of such dependents.
                    (C) Eliminating the requirement for quadrennial 
                recertification.
SEC. 645. <<NOTE: 10 USC 1401 note.>> 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. <<NOTE: Effective date.>> --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.

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

SEC. 651. <<NOTE: Contracts.>> LIMITATION ON DEPARTMENT OF DEFENSE 
                        ENTITIES OFFERING PERSONAL INFORMATION 
                        SERVICES TO MEMBERS AND THEIR DEPENDENTS.

    (a) Imposition of Limitation.--Subchapter III of chapter 147 of 
title 10, United States Code, is amended by inserting after section 2492 
the following new section:
``Sec. 2492a. Limitation on Department of Defense entities 
                    competing with private sector in offering 
                    personal information services

    ``(a) Limitation.--(1) Notwithstanding section 2492 of this title, 
the Secretary of Defense may not authorize a Department of Defense 
entity to offer or provide personal information services directly to 
users using Department resources, personnel, or equipment, or compete 
for contracts to provide such personal information services directly to 
users, if users will be charged a fee for the personal information 
services to recover the cost incurred to provide the services or to earn 
a profit.
    ``(2) The limitation in paragraph (1) shall not be construed to 
prohibit or preclude the use of Department resources, personnel,

[[Page 123 STAT. 2369]]

or equipment to administer or facilitate personal information services 
contracts with private contractors.
    ``(b) Exceptions.--The limitation in subsection (a) shall not apply 
if the Secretary of Defense determines that--
            ``(1) a private sector vendor is not available to provide 
        the personal information services at specific locations;
            ``(2) the interests of the user population would be best 
        served by allowing the Government to provide such services; or
            ``(3) circumstances (as specified by the Secretary for 
        purposes of this section) are such that the provision of such 
        services by a Department entity is in the best interest of the 
        Government or military users in general.

    ``(c) Personal Information Services Defined.--In this section, the 
term `personal information services' means the provision of Internet, 
telephone, or television services to consumers.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after section 2492 the following 
new item:

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

    (c) <<NOTE: 10 USC 2492a note.>>  Effect on Existing Contracts.--
Section 2492a of title 10, United States Code, as added by subsection 
(a), does not affect the validity or terms of any contract for the 
provision of personal information services entered into before the date 
of the enactment of this Act.
SEC. 652. REPORT ON IMPACT OF PURCHASING FROM LOCAL DISTRIBUTORS 
                        ALL ALCOHOLIC BEVERAGES FOR RESALE ON 
                        MILITARY INSTALLATIONS ON GUAM.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report evaluating the impact of reimposing the 
requirement, effective for fiscal year 2008 pursuant to section 8073 of 
the Department of Defense Appropriations Act, 2008 (division A of Public 
Law 110-116; 121 Stat. 1331) but not extended for fiscal year 2009, that 
all alcoholic beverages intended for resale on military installations on 
Guam be purchased from local sources.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) The concerns of nonappropriated funds activities over 
        the one-year imposition of the local-purchase requirement and 
        the impact the requirement had on alcohol resale prices.
            (2) The stated justification for any change in the price of 
        alcoholic beverages for resale on military installations on 
        Guam.
            (3) The actions of the nonappropriated fund activities in 
        complying with the local purchase requirements for resale of 
        alcoholic beverages and their purchase of such affected products 
        before and after the effective date of the provision of law 
        referred to in subsection (a).
            (4) The extent to which nonappropriated funds activities on 
        military installations on Guam are implementing the applicable 
        Department of Defense instruction and the methods used to 
        determine the resale price of alcoholic beverages.

[[Page 123 STAT. 2370]]

                        Subtitle F--Other Matters

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

    (a) Maximum Monthly Percentage of Member's Pay Authorized for 
Deduction.--Paragraph (3) of subsection (c) of section 1007 of title 37, 
United States Code, is amended by striking ``20 percent'' and inserting 
``15 percent''.
    (b) Requests for Delay in Repayment.--Such paragraph is further 
amended--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by adding at the end the following new subparagraph:

    ``(B) In all cases described in subparagraph (A), the Secretary 
concerned shall provide a reasonable opportunity for the member to 
request a delay in the imposition of the repayment requirement to 
recover the indebtedness. Before beginning collection efforts, the 
Secretary concerned shall consider the reasons provided by the member 
for the requested delay, including the financial ability of the member 
to repay the indebtedness, and the hardship that immediate collection 
would impose on the member and the member's dependents.''.
    (c) Delay in Instituting Collections From Wounded or Injured 
Members.--Paragraph (4) of such subsection is amended to read as 
follows:
    ``(4)(A) If a member of the uniformed services, through no fault of 
the member, incurs a wound, injury, or illness while in the line of duty 
in a combat operation or combat zone designated by the President or the 
Secretary of Defense, any overpayment of pay or allowances made to the 
member while the member recovers from the wound, injury, or illness may 
not be deducted from the member's pay until--
            ``(i) <<NOTE: Notification.>> the member is notified of the 
        overpayment; and
            ``(ii) <<NOTE: Time periods.>> the later of the following 
        occurs:
                    ``(I) The end of the 180-day period beginning on the 
                date of the completion of the tour of duty of the member 
                in the combat operation or combat zone.
                    ``(II) The end of the 90-day period beginning on the 
                date of the reassignment of the member from a military 
                treatment facility or other medical unit outside of the 
                theater of operations.

    ``(B) Subparagraph (A) shall not apply if the member, after 
receiving notification of the overpayment, requests or consents to 
initiation at an earlier date of the collection of the overpayment of 
the pay or allowances.''.
    (d) Effective Date. <<NOTE: 37 USC 1007 note.>> --The amendments 
made by this section shall apply only with respect to an overpayment of 
pay or allowances made to a member of the uniformed services after the 
date of the enactment of this Act.
SEC. 662. SENSE OF CONGRESS ON AIRFARES FOR MEMBERS OF THE ARMED 
                        FORCES.

    It is the sense of Congress that--
            (1) all United States commercial air carriers should seek to 
        lend their support with flexible, generous policies applicable 
        to members of the Armed Forces who are traveling on leave or 
        liberty at their own expense; and

[[Page 123 STAT. 2371]]

            (2) each United States air carrier, for all members of the 
        Armed Forces who have been granted leave or liberty and who are 
        traveling by air at their own expense, should--
                    (A) seek to provide reduced air fares that are 
                comparable to the lowest airfare for ticketed flights 
                and that eliminate to the maximum extent possible 
                advance purchase requirements;
                    (B) seek to eliminate change fees or charges and any 
                penalties;
                    (C) seek to eliminate or reduce baggage and excess 
                weight fees;
                    (D) offer flexible terms that allow members to 
                purchase, modify, or cancel tickets without time 
                restrictions, and to waive fees (including baggage 
                fees), ancillary costs, or penalties; and
                    (E) seek to take proactive measures to ensure that 
                all airline employees, particularly those who issue 
                tickets and respond to members of the Armed Forces and 
                their family members, are trained in the policies of the 
                airline aimed at benefitting members of the Armed Forces 
                who are on leave.
SEC. 663. SENSE OF CONGRESS ON ESTABLISHMENT OF FLEXIBLE SPENDING 
                        ARRANGEMENTS FOR THE UNIFORMED SERVICES.

    (a) In General.--It is the sense of Congress that the Secretary of 
Defense, with respect to members of the Army, Navy, Marine Corps, and 
Air Force, the Secretary of Homeland Security, with respect to members 
of the Coast Guard, the Secretary of Health and Human Services, with 
respect to commissioned officers of the Public Health Service, and the 
Secretary of Commerce, with respect to commissioned officers of the 
National Oceanic and Atmospheric Administration, should establish 
procedures to implement flexible spending arrangements with respect to 
basic pay and compensation for health care and dependent care on a pre-
tax basis in accordance with regulations prescribed under sections 
106(c) and 125 of the Internal Revenue Code of 1986.
    (b) Considerations.--It is the sense of Congress that, in 
establishing the procedures described by subsection (a), the Secretary 
of Defense, the Secretary of Homeland Security, the Secretary of Health 
and Human Services, and the Secretary of Commerce should consider life 
events of members of the uniformed services that are unique to them as 
members of the uniformed services, including changes relating to 
permanent changes of duty station and deployments to overseas 
contingency operations.
SEC. 664. SENSE OF CONGRESS REGARDING SUPPORT FOR COMPENSATION, 
                        RETIREMENT, AND OTHER MILITARY PERSONNEL 
                        PROGRAMS.

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

[[Page 123 STAT. 2372]]

                    TITLE VII--HEALTH CARE PROVISIONS

               Subtitle A--Improvements to Health Benefits

Sec. 701. Prohibition on conversion of military medical and dental 
           positions to civilian medical and dental positions.
Sec. 702. Health care for members of the reserve components.
Sec. 703. Enhancement of transitional dental care for members of the 
           reserve components on active duty for more than 30 days in 
           support of a contingency operation.
Sec. 704. Expansion of survivor eligibility under TRICARE dental 
           program.
Sec. 705. TRICARE Standard coverage for certain members of the Retired 
           Reserve who are qualified for a non-regular retirement but 
           are not yet age 60.
Sec. 706. Constructive eligibility for TRICARE benefits of certain 
           persons otherwise ineligible under retroactive determination 
           of entitlement to Medicare part A hospital insurance 
           benefits.
Sec. 707. Notification of certain individuals regarding options for 
           enrollment under Medicare part B.
Sec. 708. Mental health assessments for members of the Armed Forces 
           deployed in connection with a contingency operation.
Sec. 709. Temporary TRICARE inpatient fee modification.

                 Subtitle B--Health Care Administration

Sec. 711. Comprehensive policy on pain management by the military health 
           care system.
Sec. 712. Administration and prescription of psychotropic medications 
           for members of the Armed Forces before and during deployment.
Sec. 713. Cooperative health care agreements between military 
           installations and non-military health care systems.
Sec. 714. Plan to increase the mental health capabilities of the 
           Department of Defense.
Sec. 715. Department of Defense study on management of medications for 
           physically and psychologically wounded members of the Armed 
           Forces.
Sec. 716. Limitation on obligation of funds under defense health program 
           information technology programs.

                        Subtitle C--Other Matters

Sec. 721. Study and plan to improve military health care.
Sec. 722. Study, plan, and pilot for the mental health care needs of 
           dependent children of members of the Armed Forces.
Sec. 723. Clinical trial on cognitive rehabilitative therapy for members 
           and former members of the Armed Forces.
Sec. 724. Department of Defense Task Force on the Care, Management, and 
           Transition of Recovering Wounded, Ill, and Injured Members of 
           the Armed Forces.
Sec. 725. Chiropractic clinical trials.
Sec. 726. Independent study on post-traumatic stress disorder efforts.
Sec. 727. Report on implementation of requirements on the relationship 
           between the TRICARE program and employer-sponsored group 
           health plans.
Sec. 728. Report on stipends for members of reserve components for 
           health care for certain dependents.

               Subtitle A--Improvements to Health Benefits

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

    Subsection (a) of section 721 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 198; 10 U.S.C. 
129c note) is amended--
            (1) by striking ``during the period beginning on'' and 
        inserting ``on or after''; and
            (2) by striking ``, and ending on September 30, 2012''.

[[Page 123 STAT. 2373]]

SEC. 702. HEALTH CARE FOR MEMBERS OF THE RESERVE COMPONENTS.

    Section 1074(d)(1)(B) of title 10, United States Code, is amended by 
striking ``90 days'' and inserting ``180 days''.
SEC. 703. ENHANCEMENT OF TRANSITIONAL DENTAL CARE FOR MEMBERS OF 
                        THE RESERVE COMPONENTS ON ACTIVE DUTY FOR 
                        MORE THAN 30 DAYS IN SUPPORT OF A 
                        CONTINGENCY OPERATION.

    Section 1145(a) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``paragraph (3)'' and inserting ``paragraph 
                (4)''; and
                    (B) in subparagraph (A), by inserting ``except as 
                provided in paragraph (3),'' before ``medical and dental 
                care'';
            (2) by redesignating paragraphs (3), (4), (5), and (6) as 
        paragraphs (4), (5), (6), and (7), respectively;
            (3) by inserting after paragraph (2) the following new 
        paragraph (3):

    ``(3) In the case of a member described in paragraph (2)(B), the 
dental care to which the member is entitled under this subsection shall 
be the dental care to which a member of the uniformed services on active 
duty for more than 30 days is entitled under section 1074 of this 
title.'';
            (4) in paragraph (4), as redesignated by paragraph (2) of 
        this section, by striking ``paragraph (6)'' and inserting 
        ``paragraph (7)''; and
            (5) in subparagraph (A) of paragraph (6), as redesignated by 
        paragraph (2) of this section, by striking ``paragraph (4)'' and 
        inserting ``paragraph (5)''.
SEC. 704. EXPANSION OF SURVIVOR ELIGIBILITY UNDER TRICARE DENTAL 
                        PROGRAM.

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

[[Page 123 STAT. 2374]]

SEC. 705. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE 
                        RETIRED RESERVE WHO ARE QUALIFIED FOR A 
                        NON-REGULAR RETIREMENT BUT ARE NOT YET AGE 
                        60.

    (a) In General.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1076d the following new section:
``Sec. 1076e. TRICARE program: TRICARE Standard coverage for 
                    certain members of the Retired Reserve who are 
                    qualified for a non-regular retirement but are 
                    not yet age 60

    ``(a) Eligibility.--(1) Except as provided in paragraph (2), a 
member of the Retired Reserve of a reserve component of the armed forces 
who is qualified for a non-regular retirement at age 60 under chapter 
1223 of this title, but is not age 60, is eligible for health benefits 
under TRICARE Standard as provided in this section.
    ``(2) Paragraph (1) does not apply to a member who is enrolled, or 
is eligible to enroll, in a health benefits plan under chapter 89 of 
title 5.
    ``(b) Termination of Eligibility Upon Obtaining Other TRICARE 
Standard Coverage.--Eligibility for TRICARE Standard coverage of a 
member under this section shall terminate upon the member becoming 
eligible for TRICARE Standard coverage at age 60 under section 1086 of 
this title.
    ``(c) Family Members.--While a member of a reserve component is 
covered by TRICARE Standard under this section, the members of the 
immediate family of such member are eligible for TRICARE Standard 
coverage as dependents of the member. If a member of a reserve component 
dies while in a period of coverage under this section, the eligibility 
of the members of the immediate family of such member for TRICARE 
Standard coverage under this section shall continue for the same period 
of time that would be provided under section 1086 of this title if the 
member had been eligible at the time of death for TRICARE Standard 
coverage under such section (instead of under this section).
    ``(d) Premiums.--(1) A member of a reserve component covered by 
TRICARE Standard under this section shall pay a premium for that 
coverage.
    ``(2) The Secretary of Defense shall prescribe for the purposes of 
this section one premium for TRICARE Standard coverage of members 
without dependents and one premium for TRICARE Standard coverage of 
members with dependents referred to in subsection 
(f)(1). <<NOTE: Applicability.>> The premium prescribed for a coverage 
shall apply uniformly to all members of the reserve components covered 
under this section.

    ``(3) The monthly amount of the premium in effect for a month for 
TRICARE Standard coverage under this section shall be the amount equal 
to the cost of coverage that the Secretary determines on an appropriate 
actuarial basis.
    ``(4) <<NOTE: Procedures.>> The Secretary shall prescribe the 
requirements and procedures applicable to the payment of premiums under 
this subsection.

    ``(5) Amounts collected as premiums under this subsection shall be 
credited to the appropriation available for the Defense Health Program 
Account under section 1100 of this title, shall be merged with sums in 
such Account that are available for the fiscal year

[[Page 123 STAT. 2375]]

in which collected, and shall be available under subsection (b) of such 
section for such fiscal year.
    ``(e) Regulations.--The Secretary of Defense, in consultation with 
the other administering Secretaries, shall prescribe regulations for the 
administration of this section.
    ``(f) Definitions.--In this section:
            ``(1) The term `immediate family', with respect to a member 
        of a reserve component, means all of the member's dependents 
        described in subparagraphs (A), (D), and (I) of section 1072(2) 
        of this title.
            ``(2) The term `TRICARE Standard' means--
                    ``(A) medical care to which a dependent described in 
                section 1076(b)(1) of this title is entitled; and
                    ``(B) health benefits contracted for under the 
                authority of section 1086(a) of this title and subject 
                to the same rates and conditions as apply to persons 
                covered under that section.''.

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

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

    (c) Effective Date <<NOTE: 10 USC 1076e note.>> .--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. 706. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENEFITS OF CERTAIN 
                        PERSONS OTHERWISE INELIGIBLE UNDER 
                        RETROACTIVE DETERMINATION OF ENTITLEMENT 
                        TO MEDICARE PART A HOSPITAL INSURANCE 
                        BENEFITS.

    Section 1086(d) of title 10, United States Code, 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.''.

[[Page 123 STAT. 2376]]

SEC. 707. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING OPTIONS 
                        FOR ENROLLMENT UNDER MEDICARE PART B.

    (a) In General.--Chapter 55 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1110a. Notification of certain individuals regarding 
                    options for enrollment under Medicare part B

    ``(a) In General.--(1) As soon as practicable, the Secretary of 
Defense shall notify each individual described in subsection (b)--
            ``(A) that the individual is no longer eligible for health 
        care benefits under the TRICARE program under this chapter; and
            ``(B) of options available for enrollment of the individual 
        in the supplementary medical insurance program under part B of 
        title XVIII of the Social Security Act (42 U.S.C. 1395j et 
        seq.).

    ``(2) In carrying out this subsection, the Secretary of Defense 
shall--
            ``(A) <<NOTE: Procedures.>> establish procedures for 
        identifying individuals described in subsection (b); and
            ``(B) <<NOTE: Consultation.>> consult with the Secretary of 
        Health and Human Services to accurately identify and notify such 
        individuals.

    ``(b) Individuals Described.--An individual described in this 
subsection is an individual who is--
            ``(1) a covered beneficiary;
            ``(2) entitled to benefits under part A of title XVIII of 
        the Social Security Act (42 U.S.C. 1395c) under section 226(b) 
        or section 226A of such Act (42 U.S.C. 426(b) and 426-1); and
            ``(3) eligible to enroll in the supplementary medical 
        insurance program under part B of such title (42 U.S.C. 1395j et 
        seq.).''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1110 the following new item:

``1110a. Notification of certain individuals regarding options for 
           enrollment under Medicare part B.''.

SEC. 708. <<NOTE: 10 USC 1074f note.>> MENTAL HEALTH ASSESSMENTS 
                        FOR MEMBERS OF THE ARMED FORCES DEPLOYED 
                        IN CONNECTION WITH A CONTINGENCY 
                        OPERATION.

    (a) Mental Health Assessments.--
            (1) In general. <<NOTE: Deadline. Guidance. Time 
        periods.>> --Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall issue 
        guidance for the provision of a person-to-person mental health 
        assessment for each member of the Armed Forces who is deployed 
        in connection with a contingency operation as follows:
                    (A) At a time during the period beginning 60 days 
                before the date of deployment in connection with the 
                contingency operation.
                    (B) At a time during the period beginning 90 days 
                after the date of redeployment from the contingency 
                operation and ending 180 days after the date of 
                redeployment from the contingency operation.

[[Page 123 STAT. 2377]]

                    (C) <<NOTE: Deadline.>> Subject to subsection (d), 
                not later than each of 6 months, 12 months, and 24 
                months after return from deployment.
            (2) Exclusion of certain members.--A mental health 
        assessment is not required for a member of the Armed Forces 
        under subparagraphs (B) and (C) of paragraph (1) if the 
        Secretary determines that the member was not subjected or 
        exposed to operational risk factors during deployment in the 
        contingency operation concerned.

    (b) Purpose.--The purpose of the mental health assessments provided 
pursuant to this section shall be to identify post-traumatic stress 
disorder, suicidal tendencies, and other behavioral health conditions 
identified among members of the Armed Forces described in subsection (a) 
in order to determine which such members are in need of additional care 
and treatment for such health conditions.
    (c) Elements.--
            (1) In general.--The mental health assessments provided 
        pursuant to this section shall--
                    (A) be performed by personnel trained and certified 
                to perform such assessments and may be performed by 
                licensed mental health professionals if such 
                professionals are available and the use of such 
                professionals for the assessments would not impair the 
                capacity of such professionals to perform higher 
                priority tasks;
                    (B) include a person-to-person dialogue between 
                members of the Armed Forces described in subsection (a) 
                and the professionals or personnel described by 
                paragraph (1), as applicable, on such matters as the 
                Secretary shall specify in order that the assessments 
                achieve the purpose specified in subsection (b) for such 
                assessments;
                    (C) be conducted in a private setting to foster 
                trust and openness in discussing sensitive health 
                concerns; and
                    (D) be provided in a consistent manner across the 
                military departments.
            (2) Treatment of current assessments.--The Secretary may 
        treat periodic health assessments and other person-to-person 
        assessments that are provided to members of the Armed Forces as 
        of the date of the enactment of this Act as meeting the 
        requirements for mental health assessments required under this 
        section if the Secretary determines that such assessments and 
        person-to-person assessments meet the requirements for mental 
        health assessments established by this section.

    (d) Cessation of Assessments.--No mental health assessment is 
required to be provided to an individual under subsection (a)(1)(C) 
after the individual's discharge or release from the Armed Forces.
    (e) Sharing of Information.--
            (1) In general.--The Secretary of Defense shall share with 
        the Secretary of Veterans Affairs such information on members of 
        the Armed Forces that is derived from confidential mental health 
        assessments, including mental health assessments provided 
        pursuant to this section and health assessments and other 
        person-to-person assessments provided before the date of the 
        enactment of this Act, as the Secretary of Defense and the 
        Secretary of Veterans Affairs jointly consider appropriate to 
        ensure continuity of mental health care and treatment of members 
        of the Armed Forces during their transition from health care and 
        treatment provided by the Department of

[[Page 123 STAT. 2378]]

        Defense to health care and treatment provided by the Department 
        of Veterans Affairs.
            (2) Protocols.--Any sharing of information under paragraph 
        (1) shall occur pursuant to a protocol jointly established by 
        the Secretary of Defense and the Secretary of Veterans Affairs 
        for purposes of this subsection. Any such protocol shall be 
        consistent with the following:
                    (A) Applicable provisions of the Wounded Warrior Act 
                (title XVI of Public Law 110-181; 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. 709. TEMPORARY TRICARE INPATIENT FEE MODIFICATION.

    Section 1086(b)(3) of title 10, United States Code, is amended by 
striking ``September 30, 2009'' and inserting ``September 30, 2010''.

                 Subtitle B--Health Care Administration

SEC. 711. <<NOTE: 10 USC 1071 note.>> COMPREHENSIVE POLICY ON PAIN 
                        MANAGEMENT BY THE MILITARY HEALTH CARE 
                        SYSTEM.

    (a) Comprehensive Policy Required. <<NOTE: Deadline.>> --Not later 
than March 31, 2011, the Secretary of Defense shall develop and 
implement a comprehensive policy on pain management by the military 
health care system.

    (b) Scope of Policy.--The policy required by subsection (a) shall 
cover each of the following:
            (1) The management of acute and chronic pain.
            (2) The standard of care for pain management to be used 
        throughout the Department of Defense.
            (3) The consistent application of pain assessments 
        throughout the Department of Defense.

[[Page 123 STAT. 2379]]

            (4) The assurance of prompt and appropriate pain care 
        treatment and management by the Department when medically 
        necessary.
            (5) Programs of research related to acute and chronic pain, 
        including pain attributable to central and peripheral nervous 
        system damage characteristic of injuries incurred in modern 
        warfare, brain injuries, and chronic migraine headache.
            (6) Programs of pain care education and training for health 
        care personnel of the Department.
            (7) Programs of patient education for members suffering from 
        acute or chronic pain and their families.

    (c) Updates.--The Secretary shall revise the policy required by 
subsection (a) on a periodic basis in accordance with experience and 
evolving best practice guidelines.
    (d) Annual Report.--
            (1) In general.--Not later than 180 days after the date of 
        the commencement of the implementation of the policy required by 
        subsection (a), and on October 1 each year thereafter through 
        2018, the Secretary shall submit to the Committee on Armed 
        Services of the Senate and the Committee on Armed Services of 
        the House of Representatives a report on the policy.
            (2) Elements.--Each report required by paragraph (1) shall 
        include the following:
                    (A) A description of the policy implemented under 
                subsection (a), and any revisions to such policy under 
                subsection (c).
                    (B) A description of the performance measures used 
                to determine the effectiveness of the policy in 
                improving pain care for beneficiaries enrolled in the 
                military health care system.
                    (C) An assessment of the adequacy of Department pain 
                management services based on a current survey of 
                patients managed in Department clinics.
                    (D) An assessment of the research projects of the 
                Department relevant to the treatment of the types of 
                acute and chronic pain suffered by members of the Armed 
                Forces and their families.
                    (E) An assessment of the training provided to 
                Department health care personnel with respect to the 
                diagnosis, treatment, and management of acute and 
                chronic pain.
                    (F) An assessment of the pain care education 
                programs of the Department.
                    (G) An assessment of the dissemination of 
                information on pain management to beneficiaries enrolled 
                in the military health care system.
SEC. 712. <<NOTE: 10 USC 1074f note.>> ADMINISTRATION AND 
                        PRESCRIPTION OF PSYCHOTROPIC MEDICATIONS 
                        FOR MEMBERS OF THE ARMED FORCES BEFORE AND 
                        DURING DEPLOYMENT.

    (a) Report Required.--Not later than October 1, 2010, the Secretary 
of Defense shall submit to the congressional defense committees a report 
on the implementation of policy guidance dated November 7, 2006, 
regarding deployment-limiting psychiatric conditions and medications.
    (b) Policy Required. <<NOTE: Deadline.>> --Not later than October 1, 
2010, the Secretary shall establish and implement a policy for the use 
of

[[Page 123 STAT. 2380]]

psychotropic medications for deployed members of the Armed Forces. The 
policy shall, at a minimum, address the following:
            (1) The circumstances or diagnosed conditions for which such 
        medications may be administered or prescribed.
            (2) The medical personnel who may administer or prescribe 
        such medications.
            (3) The method in which the administration or prescription 
        of such medications will be documented in the medical records of 
        members of the Armed Forces.
            (4) The exam, treatment, or other care that is required 
        following the administration or prescription of such 
        medications.
SEC. 713. <<NOTE: 10 USC 1073 note.>> COOPERATIVE HEALTH CARE 
                        AGREEMENTS BETWEEN MILITARY INSTALLATIONS 
                        AND NON-MILITARY HEALTH CARE SYSTEMS.

    (a) Authority.--The Secretary of Defense may establish cooperative 
health care agreements between military installations and local or 
regional health care systems.
    (b) Requirements.--In establishing an agreement under subsection 
(a), the Secretary shall--
            (1) <<NOTE: Consultation.>> consult with--
                    (A) the Secretary of the military department 
                concerned;
                    (B) representatives from the military installation 
                selected for the agreement, including the TRICARE 
                managed care support contractor with responsibility for 
                such installation; and
                    (C) Federal, State, and local government officials;
            (2) identify and analyze health care services available in 
        the area in which the military installation is located, 
        including such services available at a military medical 
        treatment facility or in the private sector (or a combination 
        thereof);
            (3) <<NOTE: Determination.>> determine the cost avoidance or 
        savings resulting from innovative partnerships between the 
        Department of Defense and the private sector; and
            (4) <<NOTE: Determination.>> determine the opportunities for 
        and barriers to coordinating and leveraging the use of existing 
        health care resources, including such resources of Federal, 
        State, local, and private entities.

    (c) Annual Reports.--Not later than December 31 of each year an 
agreement entered into under this section is in effect, the Secretary 
shall submit to the congressional defense committees a report on each 
such agreement. Each report shall include, at a minimum, the following:
            (1) A description of the agreement.
            (2) Any cost avoidance, savings, or increases as a result of 
        the agreement.
            (3) A recommendation for continuing or ending the agreement.

    (d) Rule of Construction.--Nothing in this section shall be 
construed as authorizing the provision of health care services at 
military medical treatment facilities or other facilities of the 
Department of Defense to individuals who are not otherwise entitled or 
eligible for such services under chapter 55 of title 10, United States 
Code.

[[Page 123 STAT. 2381]]

SEC. 714. <<NOTE: 10 USC 1071 note.>> PLAN TO INCREASE THE MENTAL 
                        HEALTH CAPABILITIES OF THE DEPARTMENT OF 
                        DEFENSE.

    (a) Increased Authorizations. <<NOTE: Deadline.>> --Not later than 
180 days after the date of the enactment of this Act, the Secretary of 
each military department shall increase the number of active duty mental 
health personnel authorized for the department under the jurisdiction of 
the Secretary in an amount equal to the sum of the following amounts:
            (1) The greater of--
                    (A) the amount identified on personnel authorization 
                documents as required but not authorized to be filled; 
                or
                    (B) the amount that is 25 percent of the amount 
                identified on personnel authorization documents as 
                authorized.
            (2) The amount required to fulfill the requirements of 
        section 708, as determined by the Secretary concerned.

    (b) Report and Plan on the Required Number of Mental Health 
Personnel.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Defense shall submit 
        to the congressional defense committees a report on the 
        appropriate number of mental health personnel required to meet 
        the mental health care needs of members of the Armed Forces, 
        retired members, and dependents. The report shall include, at a 
        minimum, the following:
                    (A) An evaluation of the recommendation titled 
                ``Ensure an Adequate Supply of Uniformed Providers'' 
                made by the Department of Defense Task Force on Mental 
                Health established by section 723 of the National 
                Defense Authorization Act for Fiscal Year 2006 (Public 
                Law 109-163; 119 Stat. 3348).
                    (B) The criteria and models used to determine the 
                appropriate number of mental health personnel.
                    (C) The plan under paragraph (2).
            (2) Plan.--The Secretary shall develop and implement a plan 
        to significantly increase the number of military and civilian 
        mental health personnel of the Department of Defense by 
        September 30, 2013. The plan may include the following:
                    (A) The allocation of scholarships and financial 
                assistance under the Health Professions Scholarship and 
                Financial Assistance Program under subchapter I of 
                chapter 105 of title 10, United States Code, to students 
                pursuing advanced degrees in clinical psychology and 
                other mental health professions.
                    (B) The offering of accession and retention bonuses 
                for psychologists pursuant to section 620 of the Duncan 
                Hunter National Defense Authorization Act for Fiscal 
                Year 2009 (Public Law 110-417; 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.

[[Page 123 STAT. 2382]]

                    (E) The detail of commissioned officers of the Armed 
                Forces to accredited schools of psychology for training 
                leading to a doctoral degree in clinical psychology or 
                social work.
                    (F) The reassignment of military mental health 
                personnel from administrative positions to clinical 
                positions in support of military units.
                    (G) The offering of civilian hiring incentives and 
                bonuses and the use of direct hiring authority to 
                increase the number of mental health personnel of the 
                Department of Defense.
                    (H) Such other mechanisms to increase the number of 
                mental health personnel of the Department of Defense as 
                the Secretary considers appropriate.

    (c) Report on Additional Officer or Enlisted Military Specialties 
for Mental Health.--
            (1) Report.--Not later than 120 days after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        congressional defense committees a report setting forth the 
        assessment of the Secretary of the feasability and advisability 
        of establishing one or more military mental health specialities 
        for officers or enlisted members of the Armed Forces in order to 
        better meet the mental health care needs of members of the Armed 
        Forces and their families.
            (2) Elements.--The report required by paragraph (1) shall 
        set forth the following:
                    (A) A recommendation as to the feasability and 
                advisability of establishing one or more military mental 
                health specialities for officers or enlisted members of 
                the Armed Forces.
                    (B) For each military specialty recommended to be 
                established under subparagraph (A)--
                          (i) a description of the qualifications 
                      required for such speciality, which shall reflect 
                      lessons learned from best practices in academia 
                      and the civilian health care industry regarding 
                      positions analogous to such specialty; and
                          (ii) a description of the incentives or other 
                      mechanisms, if any, that would be advisable to 
                      facilitate recruitment and retention of 
                      individuals to and in such specialty.
SEC. 715. DEPARTMENT OF DEFENSE STUDY ON MANAGEMENT OF MEDICATIONS 
                        FOR PHYSICALLY AND PSYCHOLOGICALLY WOUNDED 
                        MEMBERS OF THE ARMED FORCES.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
on the management of medications for physically and psychologically 
wounded members of the Armed Forces.
    (b) Elements.--The study required under subsection (a) shall include 
the following:
            (1) A review and assessment of current practices within the 
        Department of Defense for the management of medications for 
        physically and psychologically wounded members of the Armed 
        Forces.
            (2) A review and analysis of the published literature on the 
        risks associated with the administration of medications,

[[Page 123 STAT. 2383]]

        including accidental and intentional overdoses, under and over 
        medication, and adverse interactions among medications.
            (3) An identification of the medical conditions, and of the 
        patient management procedures of the Department of Defense, that 
        may increase the risks associated with the administration of 
        medications in populations of members of the Armed Forces.
            (4) An assessment of current and best practices in the Armed 
        Forces, other departments and agencies of the Federal 
        Government, and the private sector concerning the prescription, 
        distribution, and management of medications, and the associated 
        coordination of care.
            (5) An identification of means for decreasing the risks 
        associated with the administration of medications and associated 
        problems with respect to physically and psychologically wounded 
        members of the Armed Forces.

    (c) Report.--Not later than April 1, 2010, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the study required under subsection 
(a). The report shall include such findings and recommendations as the 
Secretary considers appropriate in light of the study.
SEC. 716. LIMITATION ON OBLIGATION OF FUNDS UNDER DEFENSE HEALTH 
                        PROGRAM INFORMATION TECHNOLOGY PROGRAMS.

    (a) Limitation. <<NOTE: Deadline.>> --Of each amount described in 
subsection (c), not more than 50 percent of the amount remaining 
unobligated as of the date of the enactment of this Act may be obligated 
until 30 days after the Deputy Secretary of Defense, acting in the 
capacity of Chief Management Officer of the Department of Defense 
pursuant to section 132 of title 10, United States Code, submits to the 
congressional defense committees a report in accordance with subsection 
(b).

    (b) Report.--The report required under subsection (a) shall be on 
improvements to the governance and execution of health information 
management and information technology programs planned and programmed to 
electronically support clinical medical care within the military health 
system. Such report shall include each of the following:
            (1) An assessment of the capability of the enterprise 
        architecture to achieve optimal clinical practices and health 
        care outcomes.
            (2) For each health information management and information 
        technology program covered by the report, an identification and 
        assessment of the risks associated with achieving the timelines 
        and goals of the program.
            (3) A plan of action to mitigate the risks identified under 
        paragraph (2).
            (4) An assessment of the appropriateness of the health 
        information management and information technology technical 
        architecture and whether that architecture leverages the current 
        best practices of industry, including the ability to meet the 
        interoperability standards required by section 1635 of the 
        Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 
        1071 note), as amended by section 252 of the Duncan Hunter 
        National Defense Authorization Act for Fiscal Year for 2009 
        (Public Law 110-417; 122 Stat. 4400).

[[Page 123 STAT. 2384]]

            (5) An assessment, in coordination with the Secretary of 
        Veterans Affairs, of--
                    (A) the capability of the Department of Defense of 
                meeting the requirements for joint interoperability with 
                the Department of Veterans Affairs, as required by such 
                section 1635; and
                    (B) the progress the Secretary of Defense and the 
                Secretary of Veterans Affairs have made on the 
                establishment of a joint virtual lifetime electronic 
                record for members of the Armed Forces.
            (6) A plan to take corrective actions that are necessary to 
        remedy shortfalls identified as a result of the assessments 
        under this subsection.
            (7) An assessment of the estimated resources required in 
        future years to achieve optimal information technology support 
        for health care clinical practice and quality and compliance 
        with the requirements of such section 1635.
            (8) An analysis of the methods by which the Office of the 
        Assistant Secretary of Defense for Health Affairs procures 
        health information management and information technology goods 
        and services, and of the appropriateness of the application of 
        legal and acquisition authorities.
            (9) An analysis of the capabilities of the Office of the 
        Assistant Secretary of Defense for Health Affairs to carry out 
        necessary governance, management, and development functions of 
        health information management and information technology 
        systems, including--
                    (A) the recommendations of the Assistant Secretary 
                for improvements to the Office or alternative 
                organizational structures for the Office; and
                    (B) alternative organizations within the Department 
                of Defense with equal or greater management capabilities 
                for health information management and information 
                technology.
            (10) A recommendation as to whether health information 
        management and information technology systems of the Department 
        of Defense should be included in and subject to the requirements 
        of section 2222 of title 10, United States Code.

    (c) Covered Authorizations or Appropriations.--Amounts described in 
this section are the following amounts authorized to be appropriated for 
the Department of Defense for fiscal year 2010:
            (1) Of the amounts authorized to be appropriated for 
        operation and maintenance for the Defense Health Program (DHP 
        IM/IT Support Program), $116,200,000.
            (2) Of the amounts authorized to be appropriated for 
        procurement for the Defense Health Program, $144,600,000.
            (3) Of the amounts authorized to be appropriated for 
        information technology development (program element 65013), 
        $124,400,000.

    (d) Comptroller General Review. <<NOTE: Deadline. Assessment.>> --
Not later than 30 days after the Deputy Secretary submits the report 
required under subsection (a), the Comptroller General of the United 
States shall submit to the congressional defense committees the results 
of an assessment carried out by the Comptroller General of the report 
and plan of action to achieve Department goals and mitigate risk in the 
management and execution of health information management and 
information technology programs.

[[Page 123 STAT. 2385]]

                        Subtitle C--Other Matters

SEC. 721. <<NOTE: 10 USC 1071 note.>> STUDY AND PLAN TO IMPROVE 
                        MILITARY HEALTH CARE.

    (a) Study and Report Required.--Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the health care 
needs of dependents (as defined in section 1072(2) of title 10, United 
States Code). The report shall include, at a minimum, the following:
            (1) With respect to both the direct care system and the 
        purchased care system, an analysis of the type of health care 
        facility in which dependents seek care.
            (2) The 10 most common medical conditions for which 
        dependents seek care.
            (3) The availability of and access to health care providers 
        to treat the conditions identified under paragraph (2), both in 
        the direct care system and the purchased care system.
            (4) Any shortfalls in the ability of dependents to obtain 
        required health care services.
            (5) Recommendations on how to improve access to care for 
        dependents.
            (6) With respect to dependents accompanying a member 
        stationed at a military installation outside of the United 
        States, the need for and availability of mental health care 
        services.

    (b) Enhanced Military Health System and Improved TRICARE.--
            (1) In general.--The Secretary of Defense, in consultation 
        with the other administering Secretaries, shall undertake 
        actions to enhance the capability of the military health system 
        and improve the TRICARE program.
            (2) Elements.--In undertaking actions to enhance the 
        capability of the military health system and improve the TRICARE 
        program under paragraph (1), the Secretary shall consider the 
        following actions:
                    (A) Actions to guarantee the availability of care 
                within established access standards for eligible 
                beneficiaries, based on the results of the study 
                required by subsection (a).
                    (B) Actions to expand and enhance sharing of health 
                care resources among Federal health care programs, 
                including designated providers (as that term is defined 
                in section 721(5) of the National Defense Authorization 
                Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
                2593; 10 U.S.C. 1073 note)).
                    (C) Actions using medical technology to speed and 
                simplify referrals for specialty care.
                    (D) Actions to improve regional or national staffing 
                capabilities in order to enhance support provided to 
                military medical treatment facilities facing staff 
                shortages.
                    (E) Actions to improve health care access for 
                members of the reserve components and their families, 
                including such access with respect to mental health care 
                and consideration of access issues for members and their 
                families located in rural areas.
                    (F) Actions to ensure consistency throughout the 
                TRICARE program to comply with access standards, which

[[Page 123 STAT. 2386]]

                are applicable to both commanders of military treatment 
                facilities and managed care support contractors.
                    (G) Actions to create new budgeting and resource 
                allocation methodologies to fully support and 
                incentivize care provided by military treatment 
                facilities.
                    (H) Actions regarding additional financing options 
                for health care provided by civilian providers.
                    (I) Actions to reduce administrative costs.
                    (J) Actions to control the cost of health care and 
                pharmaceuticals.
                    (K) Actions to audit the Defense Enrollment 
                Eligibility Reporting System to improve system checks on 
                the eligibility of TRICARE beneficiaries.
                    (L) Actions, including a comprehensive plan, for the 
                enhanced availability of prevention and wellness care.
                    (M) Actions using technology to improve direct 
                communication with beneficiaries regarding health and 
                preventive care.
                    (N) Actions to create performance metrics by which 
                to measure improvement in the TRICARE program.
                    (O) Such other actions as the Secretary, in 
                consultation with the other administering Secretaries, 
                considers appropriate.

    (c) Quality Assurance.--In undertaking actions under this section, 
the Secretary of Defense and the other administering Secretaries shall 
continue or enhance the current level of quality health care provided by 
the Department of Defense and the military departments with no adverse 
impact to cost, access, or care.
    (d) Consultation.--In considering actions to be undertaken under 
this section, and in undertaking such actions, the Secretary shall 
consult with a broad range of national health care and military advocacy 
organizations.
    (e) Reports Required.--
            (1) Initial report.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        congressional defense committees an initial report on the 
        progress made in undertaking actions under this section and 
        future plans for improvement of the military health system.
            (2) Report required with fiscal year 2012 budget proposal.--
        Together with the budget justification materials submitted to 
        Congress in support of the Department of Defense budget for 
        fiscal year 2012 (as submitted with the budget of the President 
        under section 1105(a) of title 31, United States Code), the 
        Secretary shall submit to the congressional defense committees a 
        report setting forth the following:
                    (A) Updates on the progress made in undertaking 
                actions under this section.
                    (B) Future plans for improvement of the military 
                health system.
                    (C) An explanation of how the budget submission may 
                reflect such progress and plans.
            (3) Periodic reports.--The Secretary shall, on a periodic 
        basis, submit to the congressional defense committees a report 
        on the progress being made in the improvement of the TRICARE 
        program under this section.
            (4) Elements.--Each report under this subsection shall 
        include the following:

[[Page 123 STAT. 2387]]

                    (A) A description and assessment of the progress 
                made as of the date of such report in the improvement of 
                the TRICARE program.
                    (B) Such recommendations for administrative or 
                legislative action as the Secretary considers 
                appropriate to expedite and enhance the improvement of 
                the TRICARE program.

    (f) Definitions.--In this section:
            (1) The term ``administering Secretaries'' has the meaning 
        given that term in section 1072(3) of title 10, United States 
        Code.
            (2) The term ``TRICARE program'' has the meaning given that 
        term in section 1072(7) of title 10, United States Code.
SEC. 722. <<NOTE: 10 USC 1077 note.>> STUDY, PLAN, AND PILOT FOR 
                        THE MENTAL HEALTH CARE NEEDS OF DEPENDENT 
                        CHILDREN OF MEMBERS OF THE ARMED FORCES.

    (a) Report and Plan on the Mental Health Care and Counseling 
Services Available to Military Children.--
            (1) <<NOTE: Review.>> In general.--The Secretary of Defense 
        shall conduct a comprehensive review of the mental health care 
        and counseling services available to dependent children of 
        members of the Armed Forces through the Department of Defense.
            (2) Elements.--The review under paragraph (1) shall include 
        an assessment of the following:
                    (A) The availability, quality, and effectiveness of 
                Department of Defense programs intended to meet the 
                mental health care needs of military children.
                    (B) The availability, quality, and effectiveness of 
                Department of Defense programs intended to promote 
                resiliency in military children in coping with 
                deployment cycles, injury, or death of military parents.
                    (C) The extent of access to, adequacy, and 
                availability of mental health care and counseling 
                services for military children in military medical 
                treatment facilities, in family assistance centers, 
                through Military OneSource, under the TRICARE program, 
                and in Department of Defense Education Activity schools.
                    (D) Whether the status of a member of the Armed 
                Forces on active duty, or in reserve active status, 
                affects the access of a military child to mental health 
                care and counseling services.
                    (E) Whether, and to what extent, waiting lists, 
                geographic distance, and other factors may obstruct the 
                receipt by military children of mental health care and 
                counseling services.
                    (F) The extent of access to, availability, and 
                viability of specialized mental health care for military 
                children (including adolescents).
                    (G) The extent of any gaps in the current 
                capabilities of the Department of Defense to provide 
                preventive mental health services for military children.
                    (H) Such other matters as the Secretary considers 
                appropriate.
            (3) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Committees on Armed Services of the Senate and the House

[[Page 123 STAT. 2388]]

        of Representatives a report on the review conducted under 
        paragraph (1), including the findings and recommendations of the 
        Secretary as a result of the review.

    (b) Comprehensive Plan for Improvements in Access to Care and 
Counseling.--The Secretary shall develop and implement a comprehensive 
plan for improvements in access to quality mental health care and 
counseling services for military children in order to develop and 
promote psychological health and resilience in children of deploying and 
deployed members of the Armed Forces. The information in the report 
required by subsection (a) shall provide the basis for the development 
of the plan.
    (c) Pilot Program.--
            (1) Elements.--The Secretary of the Army shall carry out a 
        pilot program on the mental health care needs of military 
        children and adolescents. In carrying out the pilot program, the 
        Secretary shall establish a center to--
                    (A) develop teams to train primary care managers in 
                mental health evaluations and treatment of common 
                psychiatric disorders affecting children and 
                adolescents;
                    (B) develop strategies to reduce barriers to 
                accessing behavioral health services and encourage 
                better use of the programs and services by children and 
                adolescents; and
                    (C) expand the evaluation of mental health care 
                using common indicators, including--
                          (i) psychiatric hospitalization rates;
                          (ii) non-psychiatric hospitalization rates; 
                      and
                          (iii) mental health relative value units.
            (2) Reports.--
                    (A) Not later than 90 days after establishing the 
                pilot program, the Secretary of the Army shall submit to 
                the congressional defense committees a report describing 
                the--
                          (i) structure and mission of the program; and
                          (ii) the resources allocated to the program.
                    (B) Not later than September 30, 2012, the Secretary 
                of the Army shall submit to the congressional defense 
                committees a report that addresses the elements 
                described under paragraph (1).
SEC. 723. CLINICAL TRIAL ON COGNITIVE REHABILITATIVE THERAPY FOR 
                        MEMBERS AND FORMER MEMBERS OF THE ARMED 
                        FORCES.

    (a) Clinical Trial Required.--The Secretary of Defense shall provide 
for a clinical trial to assess the efficacy of cognitive rehabilitative 
therapy for members or former members of the Armed Forces described in 
subsection (b).
    (b) Covered Members and Former Members.--A member or former member 
of the Armed Forces described in this subsection is a member or former 
member of the Armed Forces who--
            (1) has been diagnosed with a traumatic brain injury (TBI) 
        incurred in the line of duty in Operation Iraqi Freedom or 
        Operation Enduring Freedom; and
            (2) is referred by a qualified physician, as determined by 
        the Secretary, for cognitive rehabilitative therapy.

    (c) Funding.--

[[Page 123 STAT. 2389]]

            (1) In general.--The trial required by subsection (a) shall 
        be funded as a medical research project using amounts authorized 
        to be appropriated for Defense Health Program for research and 
        development.
            (2) Prohibition on use of certain funds.--Amounts in the 
        Department of Defense Medicare-Eligible Retiree Health Care Fund 
        under chapter 56 of title 10, United States Code, may not be 
        used to carry out the provisions of this section.

    (d) Reports.--
            (1) Report on plan and design for trial.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a report setting forth a plan for the conduct of the trial 
        required by subsection (a), including a description of the 
        proposed design of the trial.
            (2) Final report.--Not later than one year after the 
        completion of the trial required by subsection (a), the 
        Secretary shall submit to the congressional defense committees a 
        report setting forth, at a minimum, the following:
                    (A) An assessment of the efficacy of cognitive 
                rehabilitative therapy in treating traumatic brain 
                injury in members and former members of the Armed Forces 
                described in subsection (b).
                    (B) Such recommendations as the Secretary considers 
                appropriate on means to provide increased access to 
                safe, effective, and quality cognitive rehabilitative 
                therapy services for such members and former members, 
                including recommendations regarding the following:
                          (i) Procedures for access of such members and 
                      former members to cognitive rehabilitative therapy 
                      services, including appropriate treatment plans 
                      and outcome measures.
                          (ii) Qualifications and supervisory 
                      requirements for licensed and certified health 
                      care professionals in the provision of such 
                      services to such members and former members.
                          (iii) A methodology for reimbursing providers 
                      of such services in the provision of such services 
                      to such members and former members.
                    (C) The recommendation of the Secretary as to the 
                advisability of including cognitive rehabilitative 
                therapy as a benefit under the TRICARE program.
SEC. 724. DEPARTMENT OF DEFENSE TASK FORCE ON THE CARE, 
                        MANAGEMENT, AND TRANSITION OF RECOVERING 
                        WOUNDED, ILL, AND INJURED MEMBERS OF THE 
                        ARMED FORCES.

    (a) Establishment.--
            (1) In general.--The Secretary of Defense shall establish 
        within the Department of Defense a task force to be known as the 
        ``Department of Defense Task Force on the Care, Management, and 
        Transition of Recovering Wounded, Ill, and Injured Members of 
        the Armed Forces'' (in this section referred to as the ``Task 
        Force'').
            (2) Purpose.--The purpose of the Task Force shall be to 
        assess the effectiveness of the policies and programs developed 
        and implemented by the Department of Defense, and

[[Page 123 STAT. 2390]]

        by each of the military departments, to assist and support the 
        care, management, and transition of recovering wounded, ill, and 
        injured members of the Armed Forces, and to make recommendations 
        for the continuous improvement of such policies and programs.
            (3) Relation to senior oversight committee.--The Secretary 
        shall ensure that the Task Force is independent of the Senior 
        Oversight Committee (as defined in section 726(c) of the Duncan 
        Hunter National Defense Authorization Act for Fiscal Year 2009 
        (Public Law 110-417; 122 Stat. 4509)).

    (b) Composition.--
            (1) Members.--The Task Force shall consist of not more than 
        14 members, appointed by the Secretary of Defense from among the 
        individuals as described in paragraph (2).
            (2) Covered individuals.--The individuals appointed to the 
        Task Force shall include the following:
                    (A) At least one member of each of the regular 
                components of the Army, the Navy, the Air Force, and the 
                Marine Corps.
                    (B) One member of the National Guard.
                    (C) One member of a reserve component of the Armed 
                Forces other than National Guard.
                    (D) A number of persons from outside the Department 
                of Defense equal to the total number of personnel from 
                within the Department of Defense (whether members of the 
                Armed Forces or civilian personnel) who are appointed to 
                the Task Force.
                    (E) Persons who have experience in--
                          (i) medical care and coordination for wounded, 
                      ill, and injured members of the Armed Forces;
                          (ii) medical case management;
                          (iii) non-medical case management;
                          (iv) the disability evaluation process for 
                      members of the Armed Forces;
                          (v) veterans benefits;
                          (vi) treatment of traumatic brain injury and 
                      post-traumatic stress disorder;
                          (vii) family support;
                          (viii) medical research;
                          (ix) vocational rehabilitation; or
                          (x) disability benefits.
                    (F) At least one family member of a wounded, ill, or 
                injured member of the Armed Forces or veteran who has 
                experience working with wounded, ill, and injured 
                members of the Armed Forces or their families.
            (3) Individuals appointed from within department of 
        defense.--At least one of the individuals appointed to the Task 
        Force from within the Department of Defense shall be the surgeon 
        general of an Armed Force.
            (4) Individuals appointed from outside department of 
        defense.--The individuals appointed to the Task Force from 
        outside the Department of Defense--
                    (A) with the concurrence of the Secretary of 
                Veterans Affairs, shall include an officer or employee 
                of the Department of Veterans Affairs; and

[[Page 123 STAT. 2391]]

                    (B) may include individuals from other departments 
                or agencies of the Federal Government, from State and 
                local agencies, or from the private sector.
            (5) Deadline for appointments.--All original appointments to 
        the Task Force shall be made not later than 120 days after the 
        date of the enactment of this Act.
            (6) Co-chairs.--There shall be two co-chairs of the Task 
        Force. One of the co-chairs shall be designated by the Secretary 
        of Defense at the time of appointment from among the individuals 
        appointed to the Task Force from within the Department of 
        Defense. The other co-chair shall be selected from among the 
        individuals appointed from outside the Department of Defense by 
        those individuals.

    (c) Annual Report.--
            (1) In general.--Not later than 12 months after the date on 
        which all members of the Task Force have been appointed, and 
        each year thereafter for the life of the Task Force, the Task 
        Force shall submit to the Secretary of Defense a report on the 
        activities of the Task Force and the activities of the 
        Department of Defense and the military departments to assist and 
        support the care, management, and transition of recovering 
        wounded, ill, and injured members of the Armed Forces. The 
        report shall include the following:
                    (A) The findings and conclusions of the Task Force 
                as a result of its assessment of the effectiveness of 
                the policies and programs developed and implemented by 
                the Department of Defense, and by each of the military 
                departments, to assist and support the care, management, 
                and transition of recovering wounded, ill, and injured 
                members of the Armed Forces.
                    (B) A description of best practices and various ways 
                in which the Department of Defense and the military 
                departments could more effectively address matters 
                relating to the care, management, and transition of 
                recovering wounded, ill, and injured members of the 
                Armed Forces, including members of the regular 
                components, and members of the reserve components, and 
                support for their families.
                    (C) A plan for the activities of the Task Force in 
                the year following the year covered by the report.
                    (D) Such recommendations for other legislative or 
                administrative action as the Task Force considers 
                appropriate for measures to improve the policies and 
                programs described in subparagraph (A).
            (2) Methodology.--For purposes of the reports, the Task 
        Force--
                    (A) shall conduct site visits and interviews as the 
                Task Force considers appropriate;
                    (B) may consider the findings and recommendations of 
                previous reviews and evaluations of the care, 
                management, and transition of recovering wounded, ill, 
                and injured members of the Armed Forces; and
                    (C) may use such other means for directly obtaining 
                information relating to the care, management, and 
                transition of recovering wounded, ill, and injured 
                members of the Armed Forces as the Task Force considers 
                appropriate.

[[Page 123 STAT. 2392]]

            (3) Matters to be reviewed and assessed.--For purposes of 
        the reports, the Task Force shall review and assess the 
        following:
                    (A) Case management, including the numbers and types 
                of medical and non-medical case managers (including 
                Federal Recovery Coordinators, Recovery Care 
                Coordinators, National Guard or Reserve case managers, 
                and other case managers) assigned to recovering wounded, 
                ill, and injured members of the Armed Forces, the 
                training provided such case mangers, and the 
                effectiveness of such case mangers in providing care and 
                support to recovering wounded, ill, and injured members 
                of the Armed Forces.
                    (B) Staffing of Army Warrior Transition Units, 
                Marine Corps Wounded Warrior Regiments, Navy and Air 
                Force Medical Hold or Medical Holdover Units, and other 
                service-related programs or units for recovering 
                wounded, ill, and injured members of the Armed Forces, 
                including the use of applicable hiring authorities to 
                ensure the proper staffing of such programs and units.
                    (C) The establishment and effectiveness of 
                performance and accountability standards for warrior 
                transition units and programs.
                    (D) The availability of services for traumatic brain 
                injury and post traumatic stress disorder.
                    (E) The establishment and effectiveness of the 
                Defense Centers of Excellence for Psychological Health 
                and Traumatic Brain Injury, and the centers of 
                excellence for military eye injuries, hearing loss and 
                auditory system injuries, and traumatic extremity 
                injuries and amputations.
                    (F) The effectiveness of the Interagency Program 
                Office in achieving fully interoperable electronic 
                health records by September 30, 2009, in accordance with 
                section 1635 of the Wounded Warrior Act (title XVI of 
                Public Law 110-181; 122 Stat. 460; 10 U.S.C. 1071 note).
                    (G) The effectiveness of wounded warrior information 
                resources, including the Wounded Warrior Resource 
                Center, the National Resource Directory, Military 
                OneSource, Family Assistance Centers, and Service 
                hotlines, in providing meaningful information for 
                recovering wounded, ill, and injured members of the 
                Armed Forces.
                    (H) The support available to family caregivers of 
                recovering wounded, ill, and injured members of the 
                Armed Forces.
                    (I) The legal support available to recovering 
                wounded, ill, and injured members of the Armed Forces 
                and their families.
                    (J) The availability of vocational training for 
                recovering wounded, ill, and injured members of the 
                Armed Forces seeking to transition to civilian life.
                    (K) The effectiveness of any measures under pilot 
                programs to improve or enhance the military disability 
                evaluation system.
                    (L) The support and assistance provided to 
                recovering wounded, ill, and injured members of the 
                Armed Forces as they progress through the military 
                disability evaluation system.

[[Page 123 STAT. 2393]]

                    (M) The support systems in place to ease the 
                transition of recovering wounded, ill, and injured 
                members of the Armed Forces from the Department of 
                Defense to the Department of Veterans Affairs.
                    (N) Interagency matters affecting recovering 
                wounded, ill, and injured members of the Armed Forces in 
                their transition to civilian life.
                    (O) The effectiveness of the Senior Oversight 
                Committee in facilitating and overseeing collaboration 
                between the Department of Defense and the Department of 
                Veterans Affairs on matters relating to the care, 
                management, and transition of recovering wounded, ill, 
                and injured members of the Armed Forces.
                    (P) Overall coordination between the Department of 
                Defense and the Department of Veterans Affairs on the 
                matters specified in this paragraph.
                    (Q) Such other matters as the Task Force considers 
                appropriate in connection with the care, management, and 
                transition of recovering wounded, ill, and injured 
                members of the Armed Forces.
            (4) Transmittal.--Not later than 90 days after receipt of a 
        report required by paragraph (1), the Secretary of Defense shall 
        submit to the Committees on Armed Services of the Senate and the 
        House of Representatives the report and the Secretary's 
        evaluation of the report.

    (d) Plan Required. <<NOTE: Deadline.>> --Not later than six months 
after the receipt of a report under subsection (c), the Secretary of 
Defense shall, in consultation with the Secretaries of the military 
departments, submit to the Committees on Armed Services of the Senate 
and the House of Representatives a plan to implement the recommendations 
of the Task Force included in the report.

    (e) Administrative Matters.--
            (1) Compensation.--Each member of the Task Force who is a 
        member of the Armed Forces or a civilian officer or employee of 
        the United States shall serve on the Task Force without 
        compensation (other than compensation to which entitled as a 
        member of the Armed Forces or an officer or employee of the 
        United States, as the case may be). Other members of the Task 
        Force shall be appointed in accordance with, and subject to, the 
        provisions of section 3161 of title 5, United States Code.
            (2) Oversight.--The Under Secretary of Defense for Personnel 
        and Readiness shall oversee the Task Force. The Washington 
        Headquarters Services of the Department of Defense shall provide 
        the Task Force with personnel, facilities, and other 
        administrative support as necessary for the performance of the 
        duties of the Task Force.
            (3) Visits to military facilities.--Any visit by the Task 
        Force to a military installation or facility shall be undertaken 
        through the Deputy Under Secretary of Defense for Personnel and 
        Readiness, in coordination with the Secretaries of the military 
        departments.

    (f) Termination.--The Task Force shall terminate on the date that is 
five years after the date of the enactment of this Act.

[[Page 123 STAT. 2394]]

SEC. 725. CHIROPRACTIC CLINICAL TRIALS.

    (a) Clinical Trials Required.--The Secretary of Defense shall 
provide for the clinical trials described under subsection (b) to be 
conducted by the National Institutes of Health or an independent 
academic institution as the Secretary shall select for the purposes of 
conducting each trial.
    (b) Clinical Trials Described.--
            (1) Controlled trials.--The clinical trials required by 
        subsection (a) shall include controlled trials that, at a 
        minimum, compare the outcomes of chiropractic treatment, used 
        either exclusively or as an adjunct to other treatments, with 
        conventional treatment on the following topics:
                    (A) Pain management.
                    (B) Orthopedic injuries or disorders that do not 
                require surgery.
                    (C) Smoking cessation.
            (2) Interventional trials.--The clinical trials required by 
        subsection (a) shall include interventional trials that, at a 
        minimum, cover the following topics:
                    (A) The effect of chiropractic treatment on the 
                reflexes and reaction times of special operation forces.
                    (B) The effect of chiropractic treatment on 
                strength, balance, and injury prevention for members of 
                the Armed Forces with combat specialties operating in a 
                combat theater.

    (c) Schedule.--
            (1) First trial.--The first clinical trial required by 
        subsection (a) shall begin not later than one year after the 
        date of the enactment of this Act.
            (2) Final trial.--The final clinical trial required by 
        subsection (a) shall begin not later than two years after the 
        date of the enactment of this Act.

    (d) Trial Participants.--A participant of a clinical trial required 
by subsection (a) shall be a member of the Armed Forces on active duty.
    (e) Chiropractic Providers.--Chiropractic treatment provided during 
a clinical trial required by subsection (a) shall be provided by a 
doctor of chiropractic who is licensed as a doctor of chiropractic, 
chiropractic physician, or chiropractor by a State, the District of 
Columbia, or a territory or possession of the United States, subject to 
credentialing requirements prescribed by the Secretary.
    (f) Reports.--
            (1) Trial protocol reports.--Not later than 30 days before 
        each clinical trial required by subsection (a) is scheduled to 
        begin, the Secretary shall submit to the congressional defense 
        committees a report on the protocol of such clinical trial.
            (2) Final reports.--Not later than one year after the 
        completion of each clinical trial required by subsection (a), 
        the Secretary shall submit to the congressional defense 
        committees a report on such clinical trial, including any 
        recommendations regarding chiropractic treatment for covered 
        beneficiaries (as such term is defined in section 1072(5) of 
        title 10, United States Code).

[[Page 123 STAT. 2395]]

SEC. 726. INDEPENDENT STUDY ON POST-TRAUMATIC STRESS DISORDER 
                        EFFORTS.

    (a) Study Required.--The Secretary of Defense, in consultation with 
the Secretary of Veterans Affairs, shall provide for a study on the 
treatment of post-traumatic stress disorder to be conducted by the 
Institute of Medicine of the National Academy of Sciences or such other 
independent entity as the Secretary shall select for purposes of the 
study.
    (b) Elements.--The study required by subsection (a) shall include 
the following:
            (1) A list of each operative program and method available 
        for the prevention, screening, diagnosis, treatment, or 
        rehabilitation of post-traumatic stress disorder, including--
                    (A) the rates of success for each such program or 
                method (including an operational definition of the term 
                ``success'' and a discussion of the process used to 
                quantify such rates);
                    (B) based on the incidence of actual diagnoses, an 
                estimate of the number of members of the Armed Forces 
                and veterans diagnosed by the Department of Defense or 
                the Department of Veterans Affairs as having post-
                traumatic stress disorder and the number of such 
                veterans who have been successfully treated; and
                    (C) any collaborative efforts between the Department 
                of Defense and the Department of Veterans Affairs to 
                prevent, screen, diagnose, treat, or rehabilitate post-
                traumatic stress disorder.
            (2) The status of studies and clinical trials involving 
        innovative treatments of post-traumatic stress disorder that are 
        conducted by the Department of Defense, the Department of 
        Veterans Affairs, or the private sector, including--
                    (A) efforts to identify physiological markers of 
                post-traumatic stress disorder;
                    (B) with respect to efforts to determine causation 
                of post-traumatic stress disorder, brain imaging studies 
                and the correlation between brain region physiology and 
                post-traumatic stress disorder diagnoses and the results 
                (including any interim results) of such efforts;
                    (C) the effectiveness of alternative therapies in 
                the treatment of post-traumatic stress disorder, 
                including the therapeutic use of animals;
                    (D) the effectiveness of administering 
                pharmaceutical agents before, during, or after a 
                traumatic event in the prevention and treatment of post-
                traumatic stress disorder; and
                    (E) identification of areas in which the Department 
                of Defense and the Department of Veterans Affairs may be 
                duplicating studies, programs, or research with respect 
                to post-traumatic stress disorder.
            (3) A description of each treatment program for post-
        traumatic stress disorder, including a comparison of the methods 
        of treatment by each program, at the following locations:
                    (A) Fort Hood, Texas.
                    (B) Fort Bliss, Texas.
                    (C) Fort Campbell, Tennessee.
                    (D) Other locations the entity conducting the study 
                considers appropriate.

[[Page 123 STAT. 2396]]

            (4) The respective current and projected future annual 
        expenditures by the Department of Defense and the Department of 
        Veterans Affairs for the treatment and rehabilitation of post-
        traumatic stress disorder.
            (5) A description of gender-specific and racial and ethnic 
        group-specific mental health treatment and services available 
        for members of the Armed Forces, including--
                    (A) the availability of such treatment and services;
                    (B) the access to such treatment and services;
                    (C) the need for such treatment and services; and
                    (D) the efficacy and adequacy of such treatment and 
                services.
            (6) A description of areas for expanded future research with 
        respect to post-traumatic stress disorder.
            (7) Any other matters the Secretary of Defense and Secretary 
        of Veterans Affairs consider relevant with respect to the 
        purposes of obtaining a comprehensive scientific assessment of--
                    (A) the incidence of post-traumatic stress disorder 
                among members of the Armed Forces and veterans;
                    (B) the availability and effectiveness of various 
                treatment programs and methods available for post-
                traumatic stress disorder;
                    (C) the current and future projected costs of such 
                treatment programs and methods; or
                    (D) additional areas of needed research.
            (8) Any other matters the entity conducting the study 
        considers relevant.

    (c) Reports.--
            (1) Initial report.--Not later than July 1, 2012, the entity 
        conducting the study required by subsection (a) shall submit to 
        the Secretary of Defense, the Secretary of Veterans Affairs, and 
        the appropriate committees a report on the study.
            (2) Response.--Not later than January 1, 2013, the Secretary 
        of Defense and the Secretary of Veterans Affairs shall each 
        submit to the appropriate committees a response to the report 
        submitted under paragraph (1), including any recommendations on 
        the treatment of post-traumatic stress disorder based on such 
        report.

    (d) Updated Reports Required.--
            (1) Updated report.--Not later than July 1, 2014, the entity 
        conducting the study required by subsection (a) shall submit to 
        the Secretary of Defense, the Secretary of Veterans Affairs, and 
        the appropriate committees an update of the report required by 
        subsection (c).
            (2) Updated response.--Not later than January 1, 2015, the 
        Secretary of Defense and the Secretary of Veterans Affairs shall 
        each submit to the appropriate committees a response to the 
        updated report submitted under paragraph (1), including any 
        recommendations on the treatment of post-traumatic stress 
        disorder based on such updated report.

    (e) Appropriate Committees Defined.--In this section, the term 
``appropriate committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, the Committee on Veterans' Affairs, and the 
        Committee on Energy and Commerce of the House of 
        Representatives; and

[[Page 123 STAT. 2397]]

            (2) the Committee on Armed Services, the Committee on 
        Appropriations, the Committee on Veterans' Affairs, and the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate.
SEC. 727. REPORT ON IMPLEMENTATION OF REQUIREMENTS ON THE 
                        RELATIONSHIP BETWEEN THE TRICARE PROGRAM 
                        AND EMPLOYER-SPONSORED GROUP HEALTH PLANS.

    (a) Report Required.--Not later than March 31, 2010, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the implementation 
of the requirements of section 1097c of title 10, United States Code, 
relating to the relationship between the TRICARE program and employer-
sponsored group health plans.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of the extent to which the Secretary has 
        established measures to assess the effectiveness of section 
        1097c of title 10, United States Code, in reducing health care 
        costs to the Department for military retirees and their 
        families, and an assessment of the effectiveness of any measures 
        so established.
            (2) An assessment of the extent to which the implementation 
        of such section 1097c has resulted in the migration of military 
        retirees from coverage under the TRICARE Standard option of the 
        TRICARE program to coverage under the TRICARE Prime option of 
        the TRICARE program.
            (3) A description of the exceptions adopted under subsection 
        (a)(2) of such section 1097c to the requirements under such 
        section 1097c, and an assessment of the effect of the exercise 
        of any exceptions adopted on the administration of such section 
        1097c.
            (4) An assessment of the extent to which the Secretary 
        collects and assembles data on the treatment of employees 
        eligible for participation in the TRICARE program in comparison 
        with similar employees who are not eligible for participation in 
        that program.
            (5) A description of the outreach conducted by the Secretary 
        to inform individuals eligible for participation in the TRICARE 
        program and employers of their respective rights and 
        responsibilities under such section 1097c, and an assessment of 
        the effectiveness of any outreach so conducted.
            (6) Such other matters with respect to the administration 
        and effectiveness of the authorities in such section 1097c as 
        the Secretary considers appropriate.
SEC. 728. REPORT ON STIPENDS FOR MEMBERS OF RESERVE COMPONENTS FOR 
                        HEALTH CARE FOR CERTAIN DEPENDENTS.

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

[[Page 123 STAT. 2398]]

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

              Subtitle A--Acquisition Policy and Management

Sec. 801. Temporary authority to acquire products and services produced 
           in countries along a major route of supply to Afghanistan; 
           report.
Sec. 802. Assessment of improvements in service contracting.
Sec. 803. Display of annual budget requirements for procurement of 
           contract services and related clarifying technical 
           amendments.
Sec. 804. Implementation of new acquisition process for information 
           technology systems.
Sec. 805. Life-cycle management and product support.
Sec. 806. Treatment of non-defense agency procurements under joint 
           programs with intelligence community.
Sec. 807. Policy and requirements to ensure the safety of facilities, 
           infrastructure, and equipment for military operations.

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

Sec. 811. Justification and approval of sole-source contracts.
Sec. 812. Revision of Defense Supplement relating to payment of costs 
           prior to definitization.
Sec. 813. Revisions to definitions relating to contracts in Iraq and 
           Afghanistan.
Sec. 814. Amendment to notification requirements for awards of single 
           source task or delivery orders.
Sec. 815. Clarification of uniform suspension and debarment requirement.
Sec. 816. Extension of authority for use of simplified acquisition 
           procedures for certain commercial items.
Sec. 817. Reporting requirements for programs that qualify as both major 
           automated information system programs and major defense 
           acquisition programs.
Sec. 818. Small arms production industrial base matters.
Sec. 819. Contract authority for advanced component development or 
           prototype units.
Sec. 820. Publication of notification of bundling of contracts of the 
           Department of Defense.

                     Subtitle C--Contractor Matters

Sec. 821. Authority for Government support contractors to have access to 
           technical data belonging to prime contractors.
Sec. 822. Extension and enhancement of authorities on the Commission on 
           Wartime Contracting in Iraq and Afghanistan.
Sec. 823. Authority for Secretary of Defense to reduce or deny award 
           fees to companies found to jeopardize health or safety of 
           Government personnel.

                Subtitle D--Acquisition Workforce Matters

Sec. 831. Enhancement of expedited hiring authority for defense 
           acquisition workforce positions.
Sec. 832. Funding of Department of Defense Acquisition Workforce 
           Development Fund.
Sec. 833. Review of post-employment restrictions applicable to the 
           Department of Defense.
Sec. 834. Review of Federal acquisition workforce training and hiring.

                        Subtitle E--Other Matters

Sec. 841. Reports to Congress on full deployment decisions for major 
           automated information system programs.
Sec. 842. Authorization to take actions to correct the industrial 
           resource shortfall for high-purity beryllium metal.
Sec. 843. Report on rare earth materials in the defense supply chain.
Sec. 844. Comptroller General report on structure and management of 
           subcontractors under contracts for major weapon systems.
Sec. 845. Study of the use of factors other than cost or price as the 
           predominate factors in evaluating competitive proposals for 
           defense procurement contracts.

[[Page 123 STAT. 2399]]

Sec. 846. Repeal of requirements relating to the military system 
           essential item breakout list.
Sec. 847. Extension of SBIR and STTR programs of the Department of 
           Defense.
Sec. 848. Extension of authority for small business innovation research 
           Commercialization Pilot Program.

              Subtitle A--Acquisition Policy and Management

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

    (a) In General.--In the case of a product or service to be acquired 
in support of military or stability operations in Afghanistan for which 
the Secretary of Defense makes a determination described in subsection 
(b), the Secretary may conduct a procurement in which--
            (1) competition is limited to products or services that are 
        from one or more countries along a major route of supply to 
        Afghanistan; or
            (2) a preference is provided for products or services that 
        are from one or more countries along a major route of supply to 
        Afghanistan.

    (b) Determination.--A determination described in this subsection is 
a determination by the Secretary that--
            (1) the product or service concerned is to be used--
                    (A) in the country that is the source of the product 
                or service;
                    (B) in the course of efforts by the United States 
                and the NATO International Security Assistance Force to 
                ship goods to Afghanistan in support of military or 
                stability operations in Afghanistan; or
                    (C) by the military forces, police, or other 
                security personnel of Afghanistan;
            (2) it is in the national security interest of the United 
        States to limit competition or provide a preference as described 
        in subsection (a) because such limitation or preference is 
        necessary--
                    (A) to reduce overall United States transportation 
                costs and risks in shipping goods in support of military 
                or stability operations in Afghanistan;
                    (B) to encourage countries along a major route of 
                supply to Afghanistan to cooperate in expanding supply 
                routes through their territory in support of military or 
                stability operations in Afghanistan; or
                    (C) to help develop more robust and enduring routes 
                of supply to Afghanistan; and
            (3) limiting competition or providing a preference as 
        described in subsection (a) will not adversely affect--
                    (A) military or stability operations in Afghanistan; 
                or
                    (B) the United States industrial base.

    (c) Products and Services From a Country Along a Major Route of 
Supply to Afghanistan.--For the purposes of this section:
            (1) A product is from a country along a major route of 
        supply to Afghanistan if it is mined, produced, or manufactured 
        in a covered country.

[[Page 123 STAT. 2400]]

            (2) A service is from a country along a major route of 
        supply to Afghanistan if it is performed in a covered country by 
        citizens or permanent resident aliens of a covered country.

    (d) Covered Country Defined.--In this section, the term ``covered 
country'' means Georgia, Kyrgyzstan, Pakistan, Armenia, Azerbaijan, 
Kazakhstan, Tajikistan, Uzbekistan, or Turkmenistan.
    (e) Construction With Other Authority.--The authority provided in 
subsection (a) is in addition to the authority set forth in section 886 
of the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 122 Stat. 266; 10 U.S.C. 2302 note).
    (f) Termination of Authority.--The Secretary of Defense may not 
exercise the authority provided in subsection (a) on or after the date 
occurring three years after the date of the enactment of this Act.
    (g) Report on Authority.--Not later than April 1, 2010, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the use of the authority provided in subsection 
(a). The report shall address, at a minimum, the following:
            (1) The number of determinations made by the Secretary 
        pursuant to subsection (b).
            (2) A description of the products and services acquired 
        using the authority.
            (3) The extent to which the use of the authority has met the 
        objectives of subparagraph (A), (B), or (C) of subsection 
        (b)(2).
            (4) A list of the countries providing products or services 
        as a result of a determination made pursuant to subsection (b).
            (5) Any recommended modifications to the authority.
SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE CONTRACTING.

    (a) Assessment Required.--The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall direct the Defense Science 
Board to conduct an independent assessment of improvements in the 
procurement and oversight of services by the Department of Defense.
    (b) Matters Covered.--The assessment required by subsection (a) 
shall include the following:
            (1) An assessment of the quality and completeness of 
        guidance relating to the procurement of services, including 
        implementation of statutory and regulatory authorities and 
        requirements.
            (2) A determination of the extent to which best practices 
        are being developed for setting requirements and developing 
        statements of work.
            (3) An assessment of the contracting approaches and contract 
        types used for the procurement of services and whether such 
        contracting approaches and contract types best serve the 
        interests of the Department of Defense.
            (4) A determination of whether effective standards to 
        measure performance have been developed.
            (5) An assessment of the effectiveness of peer reviews 
        within the Department of Defense of contracts for services and 
        whether such reviews are being conducted at the appropriate 
        dollar threshold.

[[Page 123 STAT. 2401]]

            (6) An assessment of the management structure for the 
        procurement of services, including how the military departments 
        and Defense Agencies have implemented section 2330 of title 10, 
        United States Code.
            (7) A determination of whether the performance savings goals 
        required by section 802 of the National Defense Authorization 
        Act for Fiscal Year 2002 (10 U.S.C. 2330 note) are being 
        achieved.
            (8) An assessment of the effectiveness of the Acquisition 
        Center of Excellence for Services established pursuant to 
        section 1431(b) of the Services Acquisition Reform Act of 2003 
        (title XIV of Public Law 108-136; 117 Stat. 1671; 41 U.S.C. 405 
        note) and the feasibility of creating similar centers of 
        excellence in the military departments.
            (9) An assessment of the quality and sufficiency of the 
        acquisition workforce for the procurement and oversight of 
        services.
            (10) Such other related matters as the Under Secretary 
        considers appropriate.

    (c) Report.--Not later than March 10, 2010, the Under Secretary 
shall submit to the congressional defense committees a report on the 
results of the assessment, including such comments and recommendations 
as the Under Secretary considers appropriate.
SEC. 803. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR PROCUREMENT OF 
                        CONTRACT SERVICES AND RELATED CLARIFYING 
                        TECHNICAL AMENDMENTS.

    (a) Codification of Requirement for Specification of Amounts 
Requested for Procurement of Contract Services.--
            (1) In general.--Chapter 9 of title 10, United States Code, 
        is amended by inserting after section 234 the following new 
        section:
``Sec. 235. Procurement of contract services: specification of 
                amounts requested in budget

    ``(a) Submission With Annual Budget Justification Materials.--In the 
budget justification materials submitted to Congress in support of the 
Department of Defense budget for any fiscal year (as submitted with the 
budget of the President under section 1105(a) of title 31), the 
Secretary of Defense shall include the information described in 
subsection (b) with respect to the procurement of contract services.
    ``(b) Information Provided.--For each budget account, the materials 
submitted shall clearly and separately identify--
            ``(1) the amount requested for the procurement of contract 
        services for each Department of Defense component, installation, 
        or activity; and
            ``(2) the number of full-time contractor employees (or the 
        equivalent of full-time in the case of part-time contractor 
        employees) projected and justified for each Department of 
        Defense component, installation, or activity based on the 
        inventory of contracts for services required by subsection (c) 
        of section 2330a of this title and the review required by 
        subsection (e) of such section.

    ``(c) Contract Services Defined.--In this section, the term 
`contract services'--
            ``(1) means services from contractors; but

[[Page 123 STAT. 2402]]

            ``(2) excludes services relating to research and development 
        and services relating to military construction.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

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

            (3) Repeal of superseded provision.--Section 806 of the 
        National Defense Authorization Act for Fiscal Year 2008 (Public 
        Law 110-181; 10 U.S.C. 221 note) is repealed.

    (b) Clarification of Contract Services Review and Planning 
Requirements.--Section 2330a(e) of title 10, United States Code, is 
amended in paragraph (4) by inserting after ``plan'' the following: ``, 
including an enforcement mechanism and approval process,''.
    (c) Comptroller General Report on Inventory.--Not later than 180 
days after the date on which the Secretary of Defense submits to 
Congress the inventory required by section 2330a(c) of title 10, United 
States Code, in each of 2010, 2011 and 2012, the Comptroller General of 
the United States shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on the inventory so 
submitted, with such findings and recommendations as the Comptroller 
General considers appropriate.
SEC. 804. <<NOTE: 10 USC 2225 note.>> IMPLEMENTATION OF NEW 
                        ACQUISITION PROCESS FOR INFORMATION 
                        TECHNOLOGY SYSTEMS.

    (a) New Acquisition Process Required.--The Secretary of Defense 
shall develop and implement a new acquisition process for information 
technology systems. The acquisition process developed and implemented 
pursuant to this subsection shall, to the extent determined appropriate 
by the Secretary--
            (1) be based on the recommendations in chapter 6 of the 
        March 2009 report of the Defense Science Board Task Force on 
        Department of Defense Policies and Procedures for the 
        Acquisition of Information Technology; and
            (2) be designed to include--
                    (A) early and continual involvement of the user;
                    (B) multiple, rapidly executed increments or 
                releases of capability;
                    (C) early, successive prototyping to support an 
                evolutionary approach; and
                    (D) a modular, open-systems approach.

    (b) Report to Congress.--Not later than 270 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the new acquisition process developed 
pursuant to subsection (a). The report required by this subsection 
shall, at a minimum--
            (1) describe the new acquisition process;
            (2) provide an explanation for any decision by the Secretary 
        to deviate from the criteria established for such process in 
        paragraphs (1) and (2) of subsection (a);
            (3) provide a schedule for the implementation of the new 
        acquisition process;
            (4) identify the categories of information technology 
        acquisitions to which such process will apply; and

[[Page 123 STAT. 2403]]

            (5) include the Secretary's recommendations for any 
        legislation that may be required to implement the new 
        acquisition process.
SEC. 805. <<NOTE: 10 USC 2302 note.>> LIFE-CYCLE MANAGEMENT AND 
                        PRODUCT SUPPORT.

    (a) Guidance on Life-cycle Management. <<NOTE: Deadline.>> --Not 
later than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall issue comprehensive guidance on life-cycle 
management and the development and implementation of product support 
strategies for major weapon systems. The guidance issued pursuant to 
this subsection shall--
            (1) maximize competition and make the best possible use of 
        available Department of Defense and industry resources at the 
        system, subsystem, and component levels; and
            (2) maximize value to the Department of Defense by providing 
        the best possible product support outcomes at the lowest 
        operations and support cost.

    (b) Product Support Managers.--
            (1) Requirement.--The Secretary of Defense shall require 
        that each major weapon system be supported by a product support 
        manager in accordance with this subsection.
            (2) Responsibilities.--A product support manager for a major 
        weapon system shall--
                    (A) develop and implement a comprehensive product 
                support strategy for the weapon system;
                    (B) conduct appropriate cost analyses to validate 
                the product support strategy, including cost-benefit 
                analyses as outlined in Office of Management and Budget 
                Circular A-94;
                    (C) assure achievement of desired product support 
                outcomes through development and implementation of 
                appropriate product support arrangements;
                    (D) adjust performance requirements and resource 
                allocations across product support integrators and 
                product support providers as necessary to optimize 
                implementation of the product support strategy;
                    (E) periodically review product support arrangements 
                between the product support integrators and product 
                support providers to ensure the arrangements are 
                consistent with the overall product support strategy; 
                and
                    (F) prior to each change in the product support 
                strategy or every five years, whichever occurs first, 
                revalidate any business-case analysis performed in 
                support of the product support strategy.

    (c) Government Performance of Product Support Manager Function.--
Section 820(a) of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2330) <<NOTE: 10 USC 
1701 note.>> is amended--
            (1) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5) and (6), respectively; and
            (2) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) Product support manager.''.

    (d) Definitions.--In this section:
            (1) The term ``product support'' means the package of 
        support functions required to field and maintain the readiness

[[Page 123 STAT. 2404]]

        and operational capability of major weapon systems, subsystems, 
        and components, including all functions related to weapon system 
        readiness.
            (2) The term ``product support arrangement'' means a 
        contract, task order, or any type of other contractual 
        arrangement, or any type of agreement or non-contractual 
        arrangement within the Federal Government, for the performance 
        of sustainment or logistics support required for major weapon 
        systems, subsystems, or components. The term includes 
        arrangements for any of the following:
                    (A) Performance-based logistics.
                    (B) Sustainment support.
                    (C) Contractor logistics support.
                    (D) Life-cycle product support.
                    (E) Weapon systems product support.
            (3) The term ``product support integrator'' means an entity 
        within the Federal Government or outside the Federal Government 
        charged with integrating all sources of product support, both 
        private and public, defined within the scope of a product 
        support arrangement.
            (4) The term ``product support provider'' means an entity 
        that provides product support functions. The term includes an 
        entity within the Department of Defense, an entity within the 
        private sector, or a partnership between such entities.
            (5) The term ``major weapon system'' has the meaning given 
        that term in section 2302d of title 10, United States Code.
SEC. 806. TREATMENT OF NON-DEFENSE AGENCY PROCUREMENTS UNDER JOINT 
                        PROGRAMS WITH INTELLIGENCE COMMUNITY.

    Section 801(b) of the National Defense Authorization Act for Fiscal 
Year 2008 (10 U.S.C. 2304 note) is amended by adding at the end the 
following new paragraph:
            ``(3) Treatment of procurements under joint programs with 
        intelligence community.--For purposes of this subsection, a 
        contract entered into by a non-defense agency that is an element 
        of the intelligence community (as defined in section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 401a(4))) for the 
        performance of a joint program conducted to meet the needs of 
        the Department of Defense and the non-defense agency shall not 
        be considered a procurement of property or services for the 
        Department of Defense through a non-defense agency.''.
SEC. 807. <<NOTE: 10 USC 113 note.>> POLICY AND REQUIREMENTS TO 
                        ENSURE THE SAFETY OF FACILITIES, 
                        INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY 
                        OPERATIONS.

    (a) Policy.--It shall be the policy of the Department of Defense 
that facilities, infrastructure, and equipment that are intended for use 
by military or civilian personnel of the Department in current or future 
military operations should be inspected for safety and habitability 
prior to such use, and that such facilities should be brought into 
compliance with generally accepted standards for the safety and health 
of personnel to the maximum extent practicable and consistent with the 
requirements of military operations and the best interests of the 
Department of Defense, to minimize the safety and health risk posed to 
such personnel.

[[Page 123 STAT. 2405]]

    (b) <<NOTE: Deadline.>>  Requirements.--Not later than 60 days after 
the date of the enactment of this Act, the Secretary of Defense shall--
            (1) ensure that each contract or task or delivery order 
        entered into for the construction, installation, repair, 
        maintenance, or operation of facilities for use by military or 
        civilian personnel of the Department complies with the policy 
        established in subsection (a);
            (2) ensure that contracts entered into prior to the date 
        that is 60 days after the date of the enactment of this Act 
        comply with such policy to the maximum extent practicable;
            (3) define the term ``generally accepted standards'' with 
        respect to fire protection, structural integrity, electrical 
        systems, plumbing, water treatment, waste disposal, and 
        telecommunications networks for the purposes of this section; 
        and
            (4) provide such exceptions and limitations as may be needed 
        to ensure that this section can be implemented in a manner that 
        is consistent with the requirements of military operations and 
        the best interests of the Department of Defense.

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

SEC. 811. <<NOTE: 41 USC 421 note.>> JUSTIFICATION AND APPROVAL OF 
                        SOLE-SOURCE CONTRACTS.

    (a) In General <<NOTE: Deadline.>> .--Not later than 180 days after 
the date of the enactment of this Act, the Federal Acquisition 
Regulation shall be revised to provide that the head of an agency may 
not award a sole-source contract in a covered procurement for an amount 
exceeding $20,000,000 unless--
            (1) the contracting officer for the contract justifies the 
        use of a sole-source contract in writing;
            (2) the justification is approved by the appropriate 
        official designated to approve contract awards for dollar 
        amounts that are comparable to the amount of the sole-source 
        contract; and
            (3) the justification and related information are made 
        public as provided in sections 2304(f)(1)(C) and 2304(l) of 
        title 10, United States Code, or sections 303(f)(1)(C) and 
        303(j) of the Federal Property and Administrative Services Act 
        of 1949 (41 U.S.C. 253(f)(1)(C) and 253(j)), as applicable.

    (b) Elements of Justification.--The justification of a sole-source 
contract required pursuant to subsection (a) shall include the 
following:
            (1) A description of the needs of the agency concerned for 
        the matters covered by the contract.
            (2) A specification of the statutory provision providing the 
        exception from the requirement to use competitive procedures in 
        entering into the contract.
            (3) A determination that the use of a sole-source contract 
        is in the best interest of the agency concerned.
            (4) A determination that the anticipated cost of the 
        contract will be fair and reasonable.
            (5) Such other matters as the head of the agency concerned 
        shall specify for purposes of this section.

    (c) Definitions.--In this section:

[[Page 123 STAT. 2406]]

            (1) Covered procurement.--The term ``covered procurement'' 
        means either of the following:
                    (A) A procurement described in section 
                2304(f)(2)(D)(ii) of title 10, United States Code.
                    (B) A procurement described in section 
                303(f)(2)(D)(ii) of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 
                253(f)(2)(D)(ii)).
            (2) Head of an agency.--The term ``head of an agency''--
                    (A) in the case of a covered procurement as defined 
                in paragraph (1)(A), has the meaning provided in section 
                2302(1) of title 10, United States Code; and
                    (B) in the case of a covered procurement as defined 
                in paragraph (1)(B), has the meaning provided the term 
                ``agency head'' in section 309(a) of the Federal 
                Property and Administrative Services Act of 1949 (41 
                U.S.C. 259(a)).
            (3) Appropriate official.--The term ``appropriate official'' 
        means--
                    (A) in the case of a covered procurement as defined 
                in paragraph (1)(A), an official designated in section 
                2304(f)(1)(B) of title 10, United States Code; and
                    (B) in the case of a covered procurement as defined 
                in paragraph (1)(B), an official designated in section 
                303(f)(1)(B) of the Federal Property and Administrative 
                Services Act of 1949 (41 U.S.C. 253(f)(1)(B)).
SEC. 812. <<NOTE: 10 USC 2326 note.>> REVISION OF DEFENSE 
                        SUPPLEMENT RELATING TO PAYMENT OF COSTS 
                        PRIOR TO DEFINITIZATION.

    (a) Revision Required. <<NOTE: Deadline.>> --Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall revise the Defense Supplement to the Federal Acquisition 
Regulation to ensure that any limitations described in subsection (b) 
are applicable to all categories of undefinitized contractual actions 
(including undefinitized task orders and delivery orders).

    (b) Limitations.--The limitations referred to in subsection (a) are 
any limitations on the reimbursement of costs and the payment of profits 
or fees with respect to costs incurred before the definitization of an 
undefinitized contractual action of the Department of Defense, 
including--
            (1) such limitations as described in part 52.216-26 of the 
        Federal Acquisition Regulation; and
            (2) any such limitations implementing the requirements of 
        section 809 of the National Defense Authorization Act for Fiscal 
        Year 2008 (Public Law 110-181; 10 U.S.C. 2326 note).
SEC. 813. REVISIONS TO DEFINITIONS RELATING TO CONTRACTS IN IRAQ 
                        AND AFGHANISTAN.

    (a) Revisions to Definition of Contract in Iraq or Afghanistan.--
Section 864(a)(2) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is 
amended--
            (1) by striking ``or a task order or delivery order at any 
        tier issued under such a contract'' and inserting ``a task order 
        or delivery order at any tier issued under such a contract, a 
        grant, or a cooperative agreement'';
            (2) by striking in the parenthetical ``or task order or 
        delivery order'' and inserting ``task order, delivery order, 
        grant, or cooperative agreement'';

[[Page 123 STAT. 2407]]

            (3) by striking ``or task or delivery order'' after the 
        parenthetical and inserting ``task order, delivery order, grant, 
        or cooperative agreement''; and
            (4) by striking ``14 days'' and inserting ``30 days''.

    (b) Revision to Definition of Covered Contract.--Section 864(a)(3) 
of such Act (Public Law 110-181; 122 Stat. 259; 10 U.S.C. 2302 note) is 
amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period and inserting a semicolon at the 
        end of subparagraph (C); and
            (3) by adding at the end the following new subparagraphs:
                    ``(D) a grant for the performance of services in an 
                area of combat operations, as designated by the 
                Secretary of Defense under subsection (c) of section 
                862; or
                    ``(E) a cooperative agreement for the performance of 
                services in such an area of combat operations.''.

    (c) Revision to Definition of Contractor.--Paragraph (4) of section 
864(a) of such Act (Public Law 110-181; 122 Stat. 259; 10 U.S.C. 2302 
note) is amended to read as follows:
            ``(4) Contractor.--The term `contractor', with respect to a 
        covered contract, means--
                    ``(A) in the case of a covered contract that is a 
                contract, subcontract, task order, or delivery order, 
                the contractor or subcontractor carrying out the covered 
                contract;
                    ``(B) in the case of a covered contract that is a 
                grant, the grantee; and
                    ``(C) in the case of a covered contract that is a 
                cooperative agreement, the recipient.''.

    (d) Revision in Value of Contracts Covered by Certain Report.--
Section 1248(c)(1)(B) of such Act (Public Law 110-181; 122 Stat. 
400) <<NOTE: 8 USC 1157 note.>> is amended by striking ``$25,000'' and 
inserting ``$100,000''.
SEC. 814. AMENDMENT TO NOTIFICATION REQUIREMENTS FOR AWARDS OF 
                        SINGLE SOURCE TASK OR DELIVERY ORDERS.

    (a) Congressional Defense Committees.--Subparagraph (B) of section 
2304a(d)(3) of title 10, United States Code, is amended to read as 
follows:
    ``(B) <<NOTE: Deadline.>> The head of the agency shall notify the 
congressional defense committees within 30 days after any determination 
under clause (i), (ii), (iii), or (iv) of subparagraph (A).''.

    (b) <<NOTE: 10 USC 2304a note.>> Congressional Intelligence 
Committees.--In the case of a task or delivery order contract awarded 
with respect to intelligence activities of the Department of Defense, 
any notification provided under subparagraph (B) of section 2304a(d)(3) 
of title 10, United States Code, as amended by subsection (a), shall 
also be provided at the same time as notification is provided to the 
congressional defense committees under that subparagraph--
            (1) to the Permanent Select Committee on Intelligence of the 
        House of Representatives insofar as such task or delivery order 
        contract relates to tactical intelligence and intelligence-
        related activities of the Department; and
            (2) to the Select Committee on Intelligence of the Senate 
        and the Permanent Select Committee on Intelligence of the House 
        of Representatives insofar as such task or delivery order 
        contract relates to intelligence and intelligence-related 
        activities

[[Page 123 STAT. 2408]]

        of the Department other than those specified in paragraph (1).
SEC. 815. CLARIFICATION OF UNIFORM SUSPENSION AND DEBARMENT 
                        REQUIREMENT.

    Section 2455(c)(1) of the Federal Acquisition Streamlining Act of 
1994 (31 U.S.C. 6101 note) is amended by adding at the end the 
following: ``Such term includes subcontracts at any tier, other than 
subcontracts for commercially available off-the-shelf items (as defined 
in section 35(c) of the Office of Federal Procurement Policy Act (41 
U.S.C. 431(c))), except that in the case of a contract for commercial 
items, such term includes only first-tier subcontracts.''.
SEC. 816. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION 
                        PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

    Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public 
Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) as amended by section 
822 of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 122 Stat. 226) is amended in subsection (e) by 
striking ``2010'' and inserting ``2012''.
SEC. 817. REPORTING REQUIREMENTS FOR PROGRAMS THAT QUALIFY AS BOTH 
                        MAJOR AUTOMATED INFORMATION SYSTEM 
                        PROGRAMS AND MAJOR DEFENSE ACQUISITION 
                        PROGRAMS.

    (a) In General.--Section 2445d of title 10, United States Code, 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) <<NOTE: 10 USC 2445d note.>> 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. 818. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS.

    (a) Authority To Modify Definition of ``Small Arms Production 
Industrial Base''.--Section 2473(c) of title 10, United States Code, is 
amended--
            (1) by striking ``In this section'' and inserting ``(1) 
        Subject to paragraph (2), in this section''; and
            (2) by adding at the end the following new paragraph:

    ``(2) After March 31, 2010, the Secretary of Defense may eliminate, 
modify, or add to the firms included in the small arms production 
industrial base, as defined in paragraph (1), as he determines 
appropriate to best ensure the competitive development, production, and 
maintenance of small arms for the Department of Defense.''.
    (b) Review of Small Arms Production Industrial Base.--

[[Page 123 STAT. 2409]]

            (1) Review. <<NOTE: Deadline. Determination.>> --Not later 
        than March 31, 2010, the Secretary of Defense shall review and 
        determine, based on current and future Department requirements 
        and competitive manufacturing capability and capacity--
                    (A) whether any firms included in the small arms 
                production industrial base (as that term is defined in 
                section 2473(c) of title 10, United States Code) 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) Reports.--
                    (A) Not later than March 31, 2010, the Secretary of 
                Defense shall submit to the congressional defense 
                committees a report on the review conducted under this 
                subsection.
                    (B) The Secretary of Defense shall notify the 
                congressional defense committees not later than 30 days 
                after making any modification to the list maintained 
                pursuant to subsection (c) of section 2473 of title 10, 
                United States Code, or the list under subsection (d) of 
                such section.
SEC. 819. <<NOTE: 10 USC 2302 note.>> CONTRACT AUTHORITY FOR 
                        ADVANCED COMPONENT DEVELOPMENT OR 
                        PROTOTYPE UNITS.

    (a) Authority.--A contract initially awarded from the competitive 
selection of a proposal resulting from a general solicitation referred 
to in section 2302(2)(B) of title 10, United States Code, may contain a 
contract line item or contract option for--
            (1) the provision of advanced component development or 
        prototype of technology developed under the contract; or
            (2) the delivery of initial or additional prototype items if 
        the item or a prototype thereof is created as the result of work 
        performed under the contract.

    (b) Limitations.--
            (1) Minimal amount.--A contract line item or contract option 
        described in subsection (a)(2) shall require the delivery of the 
        minimal amount of initial or additional prototype items to allow 
        for the timely competitive solicitation and award of a follow-on 
        development or production contract for those items.
            (2) Term.--A contract line item or contract option described 
        in subsection (a) shall be for a term of not more than 12 
        months.
            (3) Dollar value of work.--The dollar value of the work to 
        be performed pursuant to a contract line item or contract option 
        described in subsection (a) may not exceed the lesser of the 
        amounts as follows:
                    (A) The amount that is three times the dollar value 
                of the work previously performed under the contract.
                    (B) $20,000,000.
            (4) Termination of authority.--A military department or 
        defense agency may not exercise a contract line item or contract 
        option pursuant to the authority provided in subsection (a) 
        after September 30, 2014.

    (c) Report.--The Secretary of Defense shall submit to the 
congressional defense committees a report on the use of the

[[Page 123 STAT. 2410]]

authority provided by subsection (a) not later than March 1, 2013. The 
report shall, at a minimum, describe--
            (1) the number of times a contract line item or contract 
        option was exercised under such authority, the dollar amount of 
        each such line item or option, and the scope of each such line 
        item or option;
            (2) the circumstances that rendered the military department 
        or defense agency unable to solicit and award a follow-on 
        development or production contract in a timely fashion, but for 
        the use of such authority;
            (3) the extent to which such authority affected competition 
        and technology transition; and
            (4) such recommendations as the Secretary considers 
        appropriate, including any recommendations regarding the 
        modification or extension of such authority.
SEC. 820. <<NOTE: 10 USC 2304 note.>> PUBLICATION OF NOTIFICATION 
                        OF BUNDLING OF CONTRACTS OF THE DEPARTMENT 
                        OF DEFENSE.

    (a) Requirement to Publish Notification for Bundling.--A <<NOTE: Web 
posting. Deadline. Determination.>>  contracting officer of the 
Department of Defense carrying out a covered acquisition shall publish a 
notification consistent with the requirements of paragraph (c)(2) of 
subpart 10.001 of the Federal Acquisition Regulation on the website 
known as FedBizOpps.gov (or any successor site) at least 30 days prior 
to the release of a solicitation for such acquisition and, if the agency 
has determined that measurably substantial benefits are expected to be 
derived as a result of bundling such acquisition, shall include in the 
notification a brief description of the benefits.

    (b) Covered Acquisition Defined.--In this section, the term 
``covered acquisition'' means an acquisition that is--
            (1) funded entirely using funds of the Department of 
        Defense; and
            (2) covered by subpart 7.107 of the Federal Acquisition 
        Regulation (relating to acquisitions involving bundling).

    (c) Construction.--
            (1) Notification.--Nothing in this section shall be 
        construed to alter the responsibility of a contracting officer 
        to provide the notification referred to in subsection (a) with 
        respect to a covered acquisition, or otherwise provide 
        notification, to any party concerning such acquisition under any 
        other requirement of law or regulation.
            (2) Disclosure.--Nothing in this section shall be construed 
        to require the public availability of information that is exempt 
        from public disclosure under section 552(b) of title 5, United 
        States Code, or is otherwise restricted from public disclosure 
        by law or Executive order.
            (3) Issuance of solicitation.--Nothing in this section shall 
        be construed to require a contracting officer to delay the 
        issuance of a solicitation in order to meet the requirements of 
        subsection (a) if the expedited issuance of such solicitation is 
        otherwise authorized under any other requirement of law or 
        regulation.

[[Page 123 STAT. 2411]]

                     Subtitle C--Contractor Matters

SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CONTRACTORS TO HAVE 
                        ACCESS TO TECHNICAL DATA BELONGING TO 
                        PRIME CONTRACTORS.

    (a) Authority for Access to Technical Data.--Subsection (c) of 
section 2320 of title 10, United States Code, is amended--
            (1) in paragraph (1), by striking ``or'' at the end;
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) notwithstanding any limitation upon the license rights 
        conveyed under subsection (a), allowing a covered Government 
        support contractor access to and use of any technical data 
        delivered under a contract for the sole purpose of furnishing 
        independent and impartial advice or technical assistance 
        directly to the Government in support of the Government's 
        management and oversight of the program or effort to which such 
        technical data relates; or''.

    (b) Covered Government Support Contractor Defined.--Such section is 
further amended by adding at the end the following new subsection:
    ``(f) In this section, the term `covered Government support 
contractor' means a contractor under a contract the primary purpose of 
which is to furnish independent and impartial advice or technical 
assistance directly to the Government in support of the Government's 
management and oversight of a program or effort (rather than to directly 
furnish an end item or service to accomplish a program or effort), which 
contractor--
            ``(1) is not affiliated with the prime contractor or a 
        first-tier subcontractor on the program or effort, or with any 
        direct competitor of such prime contractor or any such first-
        tier subcontractor in furnishing end items or services of the 
        type developed or produced on the program or effort; and
            ``(2) executes a contract with the Government agreeing to 
        and acknowledging--
                    ``(A) that proprietary or nonpublic technical data 
                furnished will be accessed and used only for the 
                purposes stated in that contract;
                    ``(B) that the covered Government support contractor 
                will enter into a non-disclosure agreement with the 
                contractor to whom the rights to the technical data 
                belong;
                    ``(C) that the covered Government support contractor 
                will take all reasonable steps to protect the 
                proprietary and nonpublic nature of the technical data 
                furnished to the covered Government support contractor 
                during the program or effort for the period of time in 
                which the Government is restricted from disclosing the 
                technical data outside of the Government;
                    ``(D) that a breach of that contract by the covered 
                Government support contractor with regard to a third 
                party's ownership or rights in such technical data may 
                subject the covered Government support contractor--
                          ``(i) to criminal, civil, administrative, and 
                      contractual actions in law and equity for 
                      penalties, damages,

[[Page 123 STAT. 2412]]

                      and other appropriate remedies by the United 
                      States; and
                          ``(ii) to civil actions for damages and other 
                      appropriate remedies by the contractor or 
                      subcontractor whose technical data is affected by 
                      the breach; and
                    ``(E) that such technical data provided to the 
                covered Government support contractor under the 
                authority of this section shall not be used by the 
                covered Government support contractor to compete against 
                the third party for Government or non-Government 
                contracts.''.
SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORITIES ON THE 
                        COMMISSION ON WARTIME CONTRACTING IN IRAQ 
                        AND AFGHANISTAN.

    (a) Date of Final Report.--Subsection (d)(3) of section 841 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 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 through funds made 
        available for that purpose through the Washington Headquarters 
        Services or on a non-reimbursable basis, as appropriate.
            ``(3) Other departments and agencies.--In addition to the 
        support required by paragraph (1), any department or agency of 
        the Federal Government may provide to the Commission such 
        services, funds, facilities, staff, and other support services 
        for the performance of the Commission's functions as the head of 
        such department or agency considers advisable, or as may 
        otherwise be authorized by law.''.
SEC. 823. <<NOTE: 10 USC 2302 note.>> AUTHORITY FOR SECRETARY OF 
                        DEFENSE TO REDUCE OR DENY AWARD FEES TO 
                        COMPANIES FOUND TO JEOPARDIZE HEALTH OR 
                        SAFETY OF GOVERNMENT PERSONNEL.

    (a) Authority To Reduce or Deny Award Fees.-- 
<<NOTE: Deadline. Guidance.>> Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall revise the 
guidance issued pursuant to section 814 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 129 
Stat. 2321) to ensure that all covered contracts using award fees--
            (1) provide for the consideration of any incident described 
        in subsection (b) in evaluations of contractor performance for 
        the relevant award fee period; and

[[Page 123 STAT. 2413]]

            (2) authorize the Secretary to reduce or deny award fees for 
        the relevant award fee period, or to recover all or part of 
        award fees previously paid for such period, on the basis of the 
        negative impact of such incident on contractor performance.

    (b) Covered Incidents.--An incident referred to in subsection (a) is 
any incident in which the contractor--
            (1) has been determined, through a criminal, civil, or 
        administrative proceeding that results in a disposition listed 
        in subsection (c), in the performance of a covered contract to 
        have caused serious bodily injury or death to any civilian or 
        military personnel of the Government through gross negligence or 
        with reckless disregard for the safety of such personnel; or
            (2) has been determined, through a criminal, civil, or 
        administrative proceeding that results in a disposition listed 
        in subsection (c), to be liable for actions of a subcontractor 
        of the contractor that caused serious bodily injury or death to 
        any civilian or military personnel of the Government, through 
        gross negligence or with reckless disregard for the safety of 
        such personnel.

    (c) List of Dispositions in Criminal, Civil, or Administrative 
Proceedings.--For purposes of subsection (a), the dispositions listed in 
this subsection are as follows:
            (1) In a criminal proceeding, a conviction.
            (2) In a civil proceeding, a finding of fault and liability 
        that results in the payment of a monetary fine, penalty, 
        reimbursement, restitution, or damages of $5,000 or more.
            (3) In an administrative proceeding, a finding of fault and 
        liability that results in--
                    (A) the payment of a monetary fine or penalty of 
                $5,000 or more; or
                    (B) the payment of a reimbursement, restitution, or 
                damages in excess of $100,000.
            (4) To the maximum extent practicable and consistent with 
        applicable laws and regulations, in a criminal, civil, or 
        administrative proceeding, a disposition of the matter by 
        consent or compromise with an acknowledgment of fault by the 
        person if the proceeding could have led to any of the outcomes 
        specified in paragraph (1), (2), or (3).

    (d) Definitions.--In this section:
            (1) The term ``defense contractor'' means a company awarded 
        a covered contract.
            (2) The term ``covered contract'' means a contract awarded 
        by the Department of Defense for the procurement of goods or 
        services.
            (3) The term ``serious bodily injury'' means a grievous 
        physical harm that results in a permanent disability.

    (e) Effective Date.--This section shall apply with respect to 
contracts entered into after the date occurring 180 days after the date 
of the enactment of this Act.

[[Page 123 STAT. 2414]]

                Subtitle D--Acquisition Workforce Matters

SEC. 831. ENHANCEMENT OF EXPEDITED HIRING AUTHORITY FOR DEFENSE 
                        ACQUISITION WORKFORCE POSITIONS.

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

    (b) Extension.--Paragraph (2) of such section is amended by striking 
``September 30, 2012'' and inserting ``September 30, 2015''.
    (c) Technical Amendment.--Paragraph (1) of such section is further 
amended by striking ``United States Code,'' in the matter preceding 
subparagraph (A).
SEC. 832. FUNDING OF DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
                        DEVELOPMENT FUND.

    (a) Additional Element of Fund.--Subsection (d) of section 1705 of 
title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (B) by inserting after subparagraph (A) the 
                following new subparagraph (B):
                    ``(B) Amounts transferred to the Fund pursuant to 
                paragraph (3).''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Transfer of certain unobligated balances.--To the 
        extent provided in appropriations Acts, the Secretary of Defense 
        may, during the 24-month period following the expiration of 
        availability for obligation of any appropriations made to the 
        Department of Defense for procurement, research, development, 
        test, and evaluation, or operation and maintenance, transfer to 
        the Fund any unobligated balance of such appropriations. Any 
        amount so transferred shall be credited to the Fund.''.

    (b) Nature of Expended Amounts Providing Basis for Credit to Fund.--
Subparagraph (A) of paragraph (2) of such subsection is amended by 
striking ``, other than'' and all that follows and inserting ``from 
amounts available for contract services for operation and 
maintenance.''.
    (c) Remittances.--Subparagraph (B) of paragraph (2) of such 
subsection is amended by inserting ``, from amounts available to such 
military department or Defense Agency, as the case may be, for contract 
services for operation and maintenance,'' after ``remit to the Secretary 
of Defense''.
    (d) Additional Matters Relating to Remittances.--
            (1) Remittance by fiscal year instead of quarter.--
        Subparagraph (B) of paragraph (2) of such subsection is 
        amended--
                    (A) in the first sentence, by striking ``the third 
                fiscal year quarter'' and all that follows through 
                ``thereafter'' and inserting ``the first quarter of each 
                fiscal year''; and

[[Page 123 STAT. 2415]]

                    (B) by striking ``quarter'' before ``for services''.
            (2) Additional requirements and limitations.--Such 
        subsection is further amended--
                    (A) in paragraph (2)(B), by striking ``Not later 
                than'' and inserting ``Subject to paragraph (4), not 
                later than''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(4) Additional requirements and limitations on 
        remittances.--(A) In the event amounts are transferred to the 
        Fund during a fiscal year pursuant to paragraph (1)(B) or 
        appropriated to the Fund for a fiscal year pursuant to paragraph 
        (1)(C), the aggregate amount otherwise required to be remitted 
        to the Fund for that fiscal year pursuant to paragraph (2)(B) 
        shall be reduced by the amount equal to the amounts so 
        transferred or appropriated to the Fund during or for that 
        fiscal year. Any reduction in the aggregate amount required to 
        be remitted to the Fund for a fiscal year under this 
        subparagraph shall be allocated as provided in applicable 
        provisions of appropriations Acts or, absent such provisions, on 
        a pro rata basis among the military departments and Defense 
        Agencies required to make remittances to the Fund for that 
        fiscal year under paragraph (2)(B), subject to any exclusions 
        the Secretary of Defense determines to be necessary in the best 
        interests of the Department of Defense.
            ``(B) Any remittance of amounts to the Fund for a fiscal 
        year under paragraph (2) shall be subject to the availability of 
        appropriations for that purpose.''.

    (e) Remittance Amounts.--Paragraph (2) of such subsection is further 
amended by striking subparagraphs (C) and (D) and inserting the 
following new subparagraphs:
                    ``(C) For purposes of this paragraph, the applicable 
                percentage for a fiscal year is the percentage that 
                results in the credit to the Fund in such fiscal year of 
                an amount as follows:
                          ``(i) For fiscal year 2010, $100,000,000.
                          ``(ii) For fiscal year 2011, $770,000,000.
                          ``(iii) For fiscal year 2012, $900,000,000.
                          ``(iv) For fiscal year 2013, $1,180,000,000.
                          ``(v) For fiscal year 2014, $1,330,000,000.
                          ``(vi) For fiscal year 2015, $1,470,000,000.
                    ``(D) The Secretary of Defense may reduce an amount 
                specified in subparagraph (C) for a fiscal year if the 
                Secretary determines that the amount is greater than is 
                reasonably needed for purposes of the Fund for such 
                fiscal year. The Secretary may not reduce the amount for 
                a fiscal year to an amount that is less than 80 percent 
                of the amount otherwise specified in subparagraph (C) 
                for such fiscal year.''.

    (f) Clarification of Limitation on Pay of Base Salary of Current 
Employees.--Subsection (e)(5) of such section is amended by striking 
``as of the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2008'' and inserting ``serving in a position in the 
acquisition workforce as of January 28, 2008''.
    (g) Technical Amendments.--
            (1) Subsection (a) of such section is amended by inserting 
        ``Development'' after ``Workforce''.

[[Page 123 STAT. 2416]]

            (2) Subsection (f) of such section is amended in the matter 
        preceding paragraph (1) by striking ``beginning with fiscal year 
        2008''.

    (h) <<NOTE: 10 USC 1705 note.>> Effective Dates.--
            (1) Funding amendments.--The amendments made by subsections 
        (a) through (c) shall take effect as of October 1, 2009.
            (2) Technical amendments.--The amendments made by 
        subsections (f) and (g) shall take effect on the date of the 
        enactment of this Act.
SEC. 833. REVIEW OF POST-EMPLOYMENT RESTRICTIONS APPLICABLE TO THE 
                        DEPARTMENT OF DEFENSE.

    (a) Review Required.--The Panel on Contracting Integrity, 
established pursuant to section 813 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364), shall 
review policies relating to post-employment restrictions on former 
Department of Defense personnel to determine whether such policies 
adequately protect the public interest, without unreasonably limiting 
future employment options for former Department of Defense personnel.
    (b) Matters Considered.--In performing the review required by 
subsection (a), the Panel shall consider the extent to which current 
post-employment restrictions--
            (1) appropriately protect the public interest by preventing 
        personal conflicts of interests and preventing former Department 
        of Defense officials from exercising undue or inappropriate 
        influence on the Department of Defense;
            (2) appropriately require disclosure of personnel accepting 
        employment with contractors of the Department of Defense 
        involving matters related to their official duties;
            (3) use appropriate thresholds, in terms of salary or 
        duties, for the establishment of such restrictions;
            (4) are sufficiently straightforward and have been explained 
        to personnel of the Department of Defense so that such personnel 
        are able to avoid potential violations of post-employment 
        restrictions and conflicts of interest in interactions with 
        former personnel of the Department;
            (5) appropriately apply to all personnel performing duties 
        in acquisition-related activities, such as personnel involved 
        in--
                    (A) the establishment of requirements;
                    (B) testing and evaluation; and
                    (C) the development of doctrine;
            (6) ensure that the Department of Defense has access to 
        world-class talent, especially with respect to highly qualified 
        technical, engineering, and acquisition expertise; and
            (7) ensure that service in the Department of Defense remains 
        an attractive career option.

    (c) Completion of the Review.--The Panel shall complete the review 
required by subsection (a) not later than one year after the date of the 
enactment of this Act.
    (d) Report to Committees on Armed Services.--Not later than 30 days 
after the completion of the review, the Panel shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report containing the findings of the review and the 
recommendations of the Panel to the Secretary

[[Page 123 STAT. 2417]]

of Defense, including recommended legislative or regulatory changes, 
resulting from the review.
    (e) <<NOTE: Deadlines.>> National Academy of Public Administration 
Assessment.--
            (1) Not later than 30 days after the completion of the 
        review, the Secretary of Defense shall enter into an arrangement 
        with the National Academy of Public Administration to assess the 
        findings and recommendations of the review.
            (2) Not later than 210 days after the completion of the 
        review, the National Academy of Public Administration shall 
        provide its assessment of the review to the Secretary, along 
        with such additional recommendations as the National Academy may 
        have.
            (3) Not later than 30 days after receiving the assessment, 
        the Secretary shall provide the assessment, along with such 
        comments as the Secretary considers appropriate, to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives.
SEC. 834. REVIEW OF FEDERAL ACQUISITION WORKFORCE TRAINING AND 
                        HIRING.

    (a) Comptroller General Report on the Government-wide Acquisition 
Workforce Development Strategic Plan.--Not later than 180 days after the 
Acquisition Workforce Development Strategic Plan required by section 869 
of the Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110-417; 122 Stat. 4553) is completed, the Comptroller 
General of the United States shall submit to the relevant committees of 
Congress a report on the Plan.
    (b) Matters Covered.--The report required under subsection (a) shall 
include assessments of the following:
            (1) The methodologies used to formulate the Acquisition 
        Workforce Development Strategic Plan and its recommendations.
            (2) The extent to which the Acquisition Workforce 
        Development Strategic Plan addresses previously identified 
        shortcomings in the acquisition workforce and prior efforts by 
        agencies to develop acquisition workforce plans, including the 
        strategies used to identify and hire acquisition personnel.
            (3) The feasibility of the Acquisition Workforce Development 
        Strategic Plan's recommendations and associated time frames for 
        implementation, particularly as they relate to the development 
        of a sustainable funding model and the applicability of the 
        Defense Acquisition Workforce Development Fund model to civilian 
        agencies.
            (4) The extent to which the Acquisition Workforce 
        Development Strategic Plan considered the use by agencies of 
        contractor personnel to supplement the acquisition workforce.
            (5) Whether the Acquisition Workforce Development Strategic 
        Plan considered the full range of laws, regulations, and 
        policies that currently apply to the acquisition workforce.
            (6) The extent to which the Acquisition Workforce 
        Development Strategic Plan considered the specific training and 
        retention tools (whether located within or outside an agency) 
        used to professionally develop and retain acquisition personnel, 
        including the following:
                    (A) The Defense Acquisition University.

[[Page 123 STAT. 2418]]

                    (B) The Federal Acquisition Institute.
                    (C) Continuing education and professional 
                development opportunities available to acquisition 
                professionals.
                    (D) Opportunities to pursue higher education 
                available to acquisition personnel, including 
                scholarships and student loan forgiveness.
            (7) Such other matters, findings, and recommendations as the 
        Comptroller General considers appropriate.

    (c) Relevant Committees. <<NOTE: Definition.>> --In this section, 
the term ``relevant committees'' means each of the following:
            (1) The Committee on Oversight and Government Reform of the 
        House of Representatives.
            (2) The Committee on Armed Services of the House of 
        Representatives.
            (3) The Committee on Homeland Security and Government 
        Affairs of the Senate.
            (4) The Committee on Armed Services of the Senate.

                        Subtitle E--Other Matters

SEC. 841. REPORTS TO CONGRESS ON FULL DEPLOYMENT DECISIONS FOR 
                        MAJOR AUTOMATED INFORMATION SYSTEM 
                        PROGRAMS.

    (a) Implementation Schedule.--Section 2445b(b)(2) of title 10, 
United States Code, is amended by striking ``initial operational 
capability, and full operational capability'' and inserting ``full 
deployment decision, and full deployment''.
    (b) Critical Changes in Program.--Section 2445c(d)(2)(A) of such 
title is amended by striking ``initial operational capability'' and 
inserting ``a full deployment decision''.
    (c) Definitions.--Section 2445a of such title is amended by adding 
at the end the following new subsections:
    ``(e) Full Deployment Decision.--In this chapter, the term `full 
deployment decision' means, with respect to a major automated 
information system program, the final decision made by the Milestone 
Decision Authority authorizing an increment of the program to deploy 
software for operational use.
    ``(f) Full Deployment.--In this chapter, the term `full deployment' 
means, with respect to a major automated information system program, the 
fielding of an increment of the program in accordance with the terms of 
a full deployment decision.''.
SEC. 842. <<NOTE: 50 USC app. 2093 note.>> AUTHORIZATION TO TAKE 
                        ACTIONS TO CORRECT THE INDUSTRIAL RESOURCE 
                        SHORTFALL FOR HIGH-PURITY BERYLLIUM METAL.

    Notwithstanding any limitation in section 303 of the Defense 
Production Act of 1950 (50 U.S.C. App. 2093), an action may be taken 
under such section to correct an industrial resource shortfall or 
domestic industrial base shortfall for high-purity beryllium metal if 
such action does not cause the aggregate outstanding amount of all such 
actions for such shortfall to exceed ``$85,000,000''.
SEC. 843. REPORT ON RARE EARTH MATERIALS IN THE DEFENSE SUPPLY 
                        CHAIN.

    (a) Report Required.--Not later than April 1, 2010, the Comptroller 
General shall submit to the Committees on Armed Services

[[Page 123 STAT. 2419]]

of the Senate and House of Representatives a report on rare earth 
materials in the supply chain of the Department of Defense.
    (b) Matters Addressed.--The report required by subsection (a) shall 
address, at a minimum, the following:
            (1) An analysis of the current and projected domestic and 
        worldwide availability of rare earths for use in defense 
        systems, including an analysis of projected availability of 
        these materials in the export market.
            (2) An analysis of actions or events outside the control of 
        the Government of the United States that could restrict the 
        access of the Department of Defense to rare earth materials, 
        such as past procurements and attempted procurements of rare 
        earth mines and mineral rights.
            (3) A determination as to which defense systems are 
        currently dependent on, or projected to become dependent on, 
        rare earth materials, particularly neodymium iron boron magnets, 
        whose supply could be restricted--
                    (A) by actions or events identified pursuant to 
                paragraph (2); or
                    (B) by other actions or events outside the control 
                of the Government of the United States.
            (4) The risk to national security, if any, of the 
        dependencies (current or projected) identified pursuant to 
        paragraph (3).
            (5) Any steps that the Department of Defense has taken or is 
        planning to take to address any such risk to national security.
            (6) Such recommendations for further action to address the 
        matters covered by the report as the Comptroller General 
        considers appropriate.

    (c) Definitions.--In this section:
            (1) The term ``rare earth'' means the chemical elements, all 
        metals, beginning with lanthanum, atomic number 57, and 
        including all of the natural chemical elements in the periodic 
        table following lanthanum up to and including lutetium, element 
        number 71. The term also includes the elements yttrium and 
        scandium.
            (2) The term ``rare earth material'' includes rare earth 
        ores, semi-finished rare earth products, and components 
        containing rare earth materials.
SEC. 844. COMPTROLLER GENERAL REPORT ON STRUCTURE AND MANAGEMENT 
                        OF SUBCONTRACTORS UNDER CONTRACTS FOR 
                        MAJOR WEAPON SYSTEMS.

    (a) Study.--The Comptroller General shall conduct a study on the 
structure and management of major subcontracts under contracts for the 
acquisition of selected major weapon systems.
    (b) Issues To Be Addressed.--At a minimum, the study required by 
subsection (a) shall address the following:
            (1) The number of major subcontracts under each prime 
        contract reviewed.
            (2) The manner in which the prime contractor addressed 
        decisions to conduct work in-house or through subcontracts.
            (3) The manner in which any potential organizational 
        conflicts of interest were addressed and the Government's role 
        (if any) in selecting the approach chosen.

[[Page 123 STAT. 2420]]

            (4) The manner in which such subcontracts were awarded 
        (including the degree of competition) and the Government's role 
        (if any) in such award decisions.
            (5) Any recommendations that the Comptroller General may 
        have for improving Government oversight, reducing the oversight 
        burden on the acquisition workforce, or otherwise improving the 
        management of subcontractors under contracts for the acquisition 
        of major weapon systems.

    (c) Deadline for Submission.--Not later than one year after the date 
of the enactment of this Act, the Comptroller General shall submit to 
the Committees on Armed Services of the Senate and the House of 
Representatives a report on the results of the study required by 
subsection (a), with such findings and recommendations as the 
Comptroller General considers appropriate.
SEC. 845. STUDY OF THE USE OF FACTORS OTHER THAN COST OR PRICE AS 
                        THE PREDOMINATE FACTORS IN EVALUATING 
                        COMPETITIVE PROPOSALS FOR DEFENSE 
                        PROCUREMENT CONTRACTS.

    (a) Study Required.--The Comptroller General of the United States 
shall conduct a study of Department of Defense procurements that use 
solicitations in which evaluation factors other than cost or price, when 
combined, are more important than cost or price.
    (b) Issues To Be Addressed.--The study required by subsection (a) 
shall include, at a minimum, an assessment of--
            (1) the frequency with which evaluation factors other than 
        cost or price, when combined, are given more weight than cost or 
        price in solicitations for competitive proposals;
            (2) the types of contracts for products or services for 
        which such evaluation factors are most frequently used;
            (3) the reasons why the Department of Defense chooses to use 
        such evaluation factors; and
            (4) the extent to which the use of such factors is or is not 
        in the interest of the Department of Defense.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Comptroller General shall submit to the Committees on 
Armed Service of the Senate and the House of Representatives a report on 
the results of the study required by subsection (a).
SEC. 846. REPEAL OF REQUIREMENTS RELATING TO THE MILITARY SYSTEM 
                        ESSENTIAL ITEM BREAKOUT LIST.

    Section 813 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1543) <<NOTE: 10 USC 2501 
note.>> is repealed.
SEC. 847. EXTENSION OF SBIR AND STTR PROGRAMS OF THE DEPARTMENT OF 
                        DEFENSE.

    (a) SBIR Extension.--Section 9(m) of the Small Business Act (15 
U.S.C. 638(m)) 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

[[Page 123 STAT. 2421]]

        Research Program of the Department of Defense until September 
        30, 2010''.

    (b) STTR Reauthorization.--Section 9(n)(1)(A) of the Small Business 
Act (15 U.S.C. 638(n)(1)(A)) is amended--
            (1) by striking ``With respect'' and inserting the 
        following:
                          ``(i) Federal agencies generally.--Except as 
                      provided in clause (ii), with respect''; and
            (2) by adding at the end the following:
                          ``(ii) Department of defense.--The Secretary 
                      of Defense and the Secretary of each military 
                      department shall carry out clause (i) with respect 
                      to each fiscal year through fiscal year 2010.''.

    (c) <<NOTE: 15 USC 638 note.>> Effective Date.--The amendments made 
by this section shall take effect as of July 30, 2009.
SEC. 848. EXTENSION OF AUTHORITY FOR SMALL BUSINESS INNOVATION 
                        RESEARCH COMMERCIALIZATION PILOT PROGRAM.

    Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended 
in paragraph (6) by striking ``2009'' and inserting ``2010''.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Authority to allow private sector civilians to receive 
           instruction at Defense Cyber Investigations Training Academy 
           of the Defense Cyber Crime Center.
Sec. 902. Organizational structure of the Office of the Assistant 
           Secretary of Defense for Health Affairs and the TRICARE 
           Management Activity.
Sec. 903. Sense of Congress regarding the Director of Operational Energy 
           Plans and Programs.
Sec. 904. Increased flexibility for combatant commander initiative fund.
Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense 
           for Technology Security Policy within the Office of the Under 
           Secretary of Defense for Policy.
Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries 
           of Defense.

                      Subtitle B--Space Activities

Sec. 911. Submission and review of space science and technology 
           strategy.
Sec. 912. Provision of space situational awareness services and 
           information to non-United States Government entities.
Sec. 913. Management and funding strategy and implementation plan for 
           the National Polar-Orbiting Operational Environmental 
           Satellite System Program.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Inclusion of Defense Intelligence Agency in authority to use 
           proceeds from counterintelligence operations.
Sec. 922. Plan to address foreign ballistic missile intelligence 
           analysis.

                        Subtitle D--Other Matters

Sec. 931. Implementation strategy for developing leap-ahead cyber 
           operations capabilities.
Sec. 932. Defense integrated military human resources system development 
           and transition.
Sec. 933. Report on special operations command organization, manning, 
           and management.
Sec. 934. Study on the recruitment, retention, and career progression of 
           uniformed and civilian military cyber operations personnel.
Sec. 935. Plan on access to national airspace for unmanned aircraft 
           systems.

[[Page 123 STAT. 2422]]

              Subtitle A--Department of Defense Management

SEC. 901. AUTHORITY TO ALLOW PRIVATE SECTOR CIVILIANS TO RECEIVE 
                        INSTRUCTION AT DEFENSE CYBER 
                        INVESTIGATIONS TRAINING ACADEMY OF THE 
                        DEFENSE CYBER CRIME CENTER.

    (a) Admission of Private Sector Civilians.--Chapter 108 of title 10, 
United States Code, is amended by inserting after section 2167 the 
following new section:
``Sec. 2167a. Defense Cyber Investigations Training Academy: 
                    admission of private sector civilians to 
                    receive instruction

    ``(a) Authority for Admission.--The Secretary of Defense may permit 
eligible private sector employees to receive instruction at the Defense 
Cyber Investigations Training Academy operating under the direction of 
the Defense Cyber Crime Center. No more than the equivalent of 200 full-
time student positions may be filled at any one time by private sector 
employees enrolled under this section, on a yearly basis. Upon 
successful completion of the course of instruction in which enrolled, 
any such private sector employee may be awarded an appropriate 
certification or diploma.
    ``(b) Eligible Private Sector Employees.--For purposes of this 
section, an eligible private sector employee is an individual employed 
by a private firm that is engaged in providing to the Department of 
Defense or other Government departments or agencies significant and 
substantial defense-related systems, products, or services, or whose 
work product is relevant to national security policy or strategy. A 
private sector employee remains eligible for such instruction only so 
long as that person remains employed by an eligible private sector firm.
    ``(c) Program Requirements.--The Secretary of Defense shall ensure 
that--
            ``(1) the curriculum in which private sector employees may 
        be enrolled under this section is not readily available through 
        other schools; and
            ``(2) the course offerings at the Defense Cyber 
        Investigations Training Academy continue to be determined solely 
        by the needs of the Department of Defense.

    ``(d) Tuition.--The Secretary of Defense shall charge private sector 
employees enrolled under this section tuition at a rate that is at least 
equal to the rate charged for employees of the United States. In 
determining tuition rates, the Secretary shall include overhead costs of 
the Defense Cyber Investigations Training Academy.
    ``(e) Standards of Conduct.--While receiving instruction at the 
Defense Cyber Investigations Training Academy, students enrolled under 
this section, to the extent practicable, are subject to the same 
regulations governing academic performance, attendance, norms of 
behavior, and enrollment as apply to Government civilian employees 
receiving instruction at the Academy.
    ``(f) Use of Funds.--Amounts received by the Defense Cyber 
Investigations Training Academy for instruction of students enrolled 
under this section shall be retained by the Academy to defray the costs 
of such instruction. The source, and the disposition, of

[[Page 123 STAT. 2423]]

such funds shall be specifically identified in records of the 
Academy.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2167 the following new item:

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

SEC. 902. ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE ASSISTANT 
                        SECRETARY OF DEFENSE FOR HEALTH AFFAIRS 
                        AND THE TRICARE MANAGEMENT ACTIVITY.

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

    (c) Definitions.--In this section:
            (1) Senior position.--The term ``senior position'' means a 
        position filled by a member of the senior executive service, a 
        position on the Executive Schedule established pursuant to title 
        5, United States Code, or a position filled by a general or flag 
        officer.
            (2) Senior personnel.--The term ``senior personnel'' means 
        personnel who are members of the senior executive service, who 
        fill a position listed on the Executive Schedule established 
        pursuant to title 5, United States Code, or who are general or 
        flag officers.
SEC. 903. SENSE OF CONGRESS REGARDING THE DIRECTOR OF OPERATIONAL 
                        ENERGY PLANS AND PROGRAMS.

    (a) Findings.--Congress makes the following findings:
            (1) The demand for operational energy within the Department 
        of Defense imposes significant logistical burdens and 
        operational vulnerabilities on the warfighter and increases 
        force protection requirements.

[[Page 123 STAT. 2424]]

            (2) In March 2008, the Comptroller General of the United 
        States found that responsibilities for operational energy 
        strategy, management, and oversight within the Department are 
        diffused throughout various offices and working groups, 
        including the Office of the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics; the Office of the Under 
        Secretary of Defense for Policy; the Office of the Under 
        Secretary of Defense (Comptroller); the Office of Program 
        Analysis and Evaluation; the Office of the Chairman of the Joint 
        Chiefs of Staff; the commanders of the combatant commands; and 
        the offices of the Secretaries of the military departments.
            (3) The Defense Science Board's 2008 report titled ``More 
        Fight - Less Fuel'' stated that ``There are currently few 
        efforts to manage energy demand by operational forces, which 
        consume about three quarters of DoD energy, perhaps because no 
        one is in charge. The lowest organizational level where all 
        decisions that drive DoD energy use come together is the Deputy 
        Secretary of Defense, implying the need for a senior energy 
        official, and oversight of the Department's energy strategy and 
        program by the Deputy's Advisory Working Group (DAWG).''.
            (4) Congress established the Director of Operational Energy 
        Plans and Programs in section 139b of title 10, United States 
        Code, to provide leadership, conduct oversight, and be 
        accountable for operational energy plans and programs in the 
        Department of Defense and the Army, Navy, Air Force, and Marine 
        Corps.
            (5) Congress envisioned that the Director would have a 
        direct line of communication with the Secretary of Defense and 
        the Deputy Secretary of Defense, including participation in the 
        Deputy's Advisory Working Group.
            (6) The Department of Defense issued a statement that it 
        ``intends to establish this position as administratively 
        reporting to the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics (USD(AT&L)), and this official would 
        report directly to the Secretary of Defense on issues related to 
        Operational Energy''.

    (b) Sense of Congress.--It is the sense of Congress that the 
Director of Operational Energy Plans and Programs should report directly 
to the Secretary of Defense on issues related to operational energy and 
be included as a fully participating member of the Advisory Working 
Group of the Deputy Secretary of Defense.
SEC. 904. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER INITIATIVE 
                        FUND.

    (a) Increase in Funding Limitations.--Subparagraph (A) of section 
166a(e)(1) of title 10, United States Code, is amended--
            (1) by striking ``$10,000,000'' and inserting 
        ``$20,000,000''; and
            (2) by striking ``$15,000'' and inserting ``the investment 
        unit cost threshold in effect under section 2245a of this 
        title''.

    (b) Coordination With Relevant Chief of Mission.--Paragraph (6) of 
section 166a(b) of such title is amended by inserting after 
``assistance,'' the following: ``in coordination with the relevant chief 
of mission to the extent practicable,''.

[[Page 123 STAT. 2425]]

SEC. 905. REPEAL OF REQUIREMENT FOR A DEPUTY UNDER SECRETARY OF 
                        DEFENSE FOR TECHNOLOGY SECURITY POLICY 
                        WITHIN THE OFFICE OF THE UNDER SECRETARY 
                        OF DEFENSE FOR POLICY.

    (a) Repeal of Requirement for Position.--
            (1) Repeal.--Section 134b of title 10, United States Code, 
        is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 4 of such title is amended by striking the 
        item relating to section 134b.

    (b) Prior Notification of Change in Reporting Relationship for the 
Defense Technology Security Administration.--The Secretary of Defense 
shall ensure that no covered action is taken until the expiration of 30 
legislative days after providing notification of such action to the 
Committees on Armed Services of the Senate and the House of 
Representatives.
    (c) Covered Action Defined.--In this section, the term ``covered 
action'' means--
            (1) the transfer of the Defense Technology Security 
        Administration to an Under Secretary or other office of the 
        Department of Defense other than the Under Secretary of Defense 
        for Policy;
            (2) the consolidation of the Defense Technology Security 
        Administration with another office, agency, or field activity of 
        the Department of Defense; or
            (3) the addition of management layers between the Director 
        of the Defense Technology Security Administration and the Under 
        Secretary of Defense for Policy.
SEC. 906. DEPUTY UNDER SECRETARIES OF DEFENSE AND ASSISTANT 
                        SECRETARIES OF DEFENSE.

    (a) Deputy Under Secretaries of Defense.--
            (1) In general.--Chapter 4 of title 10, United States Code, 
        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.
    ``(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.

[[Page 123 STAT. 2426]]

    ``(3) One of the Deputy Under Secretaries is the Principal Deputy 
Under Secretary of Defense for Personnel and Readiness appointed 
pursuant to section 136a of this title.
    ``(4) One of the Deputy Under Secretaries shall be the Principal 
Deputy Under Secretary of Defense (Comptroller).
    ``(5) One of the Deputy Under Secretaries shall be the Principal 
Deputy Under Secretary of Defense for Intelligence.
    ``(d) The Deputy Under Secretaries of Defense take precedence in the 
Department of Defense after the Secretary of Defense, the Deputy 
Secretary of Defense, the Secretaries of the military departments, the 
Under Secretaries of Defense, and the Deputy Chief Management Officer of 
the Department of Defense.''.
            (2) <<NOTE: 10 USC 137a note.>> Delayed limitation on number 
        of deputy under secretaries of defense.-- <<NOTE: Effective 
        date.>> Effective as of January 1, 2011, the five Deputy Under 
        Secretaries of Defense authorized by section 137a of title 10, 
        United States Code (as added by paragraph (1)), shall be the 
        only Deputy Under Secretaries of Defense.
            (3) Report on revised organizational structure for osd.--Not 
        later than March 15, 2010, the Secretary of Defense shall submit 
        to the Committees on Armed Services of the Senate and the House 
        of Representatives a report setting forth a plan for the 
        realignment of the organizational structure of the Office of the 
        Secretary of Defense to comply with the requirement in paragraph 
        (2).

    (b) Assistant Secretaries of Defense.--
            (1) Redesignation of deputy under secretary for logistics 
        and materiel readiness as assistant secretary.--Chapter 4 of 
        such title is further amended--
                    (A) by transferring section 133b to appear after 
                section 138 and redesignating such section, as so 
                transferred, as section 138a; and
                    (B) in such section, as so transferred and 
                redesignated, by striking ``Deputy Under Secretary'' 
                each place it appears and inserting ``Assistant 
                Secretary''.
            (2) Additional assistant secretaries.--Section 138 of such 
        title is amended--
                    (A) by striking subsection (a) and inserting the 
                following new subsection (a):

    ``(a)(1) There are 12 Assistant Secretaries of Defense.
    ``(2)(A) The Assistant Secretary of Defense referred to in 
subsection (b)(7) shall be appointed as provided in that subsection.
    ``(B) <<NOTE: President.>> The other Assistant Secretaries of 
Defense shall be appointed from civilian life by the President, by and 
with the advice and consent of the Senate.''; and
                    (B) in subsection (b), by adding the following new 
                paragraphs:

    ``(6) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Acquisition. The Assistant Secretary of Defense 
for Acquisition is the principal adviser to the Secretary of Defense and 
the Under Secretary of Defense for Acquisition, Technology, and 
Logistics on matters relating to acquisition.
    ``(7) One of the Assistant Secretaries is the Assistant Secretary of 
Defense for Logistics and Materiel Readiness appointed pursuant to 
section 138a of this title. In addition to any duties and powers 
prescribed under paragraph (1), the Assistant Secretary of Defense

[[Page 123 STAT. 2427]]

for Logistics and Materiel Readiness shall have the duties specified in 
section 138a of this title.''.
    (c) Conforming and Clerical Amendments.--
            (1) Conforming amendments.--
                    (A) Section 133a of such title is amended--
                          (i) by striking ``Deputy Under Secretary of 
                      Defense for Acquisition and Technology'' each 
                      place it appears and inserting ``Principal Deputy 
                      Under Secretary of Defense for Acquisition, 
                      Technology, and Logistics''; and
                          (ii) by striking ``duties relating to 
                      acquisition and technology'' and inserting 
                      ``duties''.
                    (B) Section 134a of such title is amended by 
                striking ``Deputy Under Secretary'' each place it 
                appears and inserting ``Principal Deputy Under 
                Secretary''.
                    (C) Section 136a of such title is amended by 
                striking ``Deputy Under Secretary'' each place it 
                appears and inserting ``Principal Deputy Under 
                Secretary''.
            (2) Section heading amendments.--
                    (A) The heading of section 133a of such title is 
                amended to read as follows:
``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 item relating to section 134a 
                and inserting the following new item:

``134a. Principal Deputy Under Secretary of Defense for Policy.'';

                    (C) by striking the item relating to section 136a 
                and inserting the following new item:

``136a. Principal Deputy Under Secretary of Defense for Personnel and 
           Readiness.'';


[[Page 123 STAT. 2428]]


                    (D) by inserting after the item relating to section 
                137 the following new item:

``137a. Deputy Under Secretaries of Defense.''; and

                    (E) by inserting after the item relating to section 
                138 the following new item:

``138a. Assistant Secretary of Defense for Logistics and Materiel 
           Readiness.''.

    (d) Executive Schedule Matters.--
            (1) Level iii.--Section 5314 of title 5, United States Code, 
        is amended by striking the item relating to the Deputy Under 
        Secretary of Defense for Acquisition and Technology and 
        inserting the following new item:
            ``Principal Deputy Under Secretary of Defense for 
        Acquisition, Technology, and Logistics.''.
            (2) Level iv.--Section 5315 of such title is amended--
                    (A) by striking the item relating to the Assistant 
                Secretaries of Defense and inserting the following new 
                item:
            ``Assistant Secretaries of Defense (12).''; and
                    (B) by striking the items relating to the Deputy 
                Under Secretary of Defense for Policy, the Deputy Under 
                Secretary of Defense for Personnel and Readiness, and 
                the Deputy Under Secretary of Defense for Logistics and 
                Materiel Readiness and inserting the following new 
                items:
            ``Principal Deputy Under Secretary of Defense for Policy.
            ``Principal Deputy Under Secretary of Defense for Personnel 
        and Readiness.
            ``Principal Deputy Under Secretary of Defense (Comptroller).
            ``Principal Deputy Under Secretary of Defense for 
        Intelligence.''.

    (e) <<NOTE: 10 USC 137a note.>> Inapplicability of Appointment 
Requirements to Certain Individuals Serving on Date of Enactment.--
            (1) In general.--Notwithstanding the amendments made by this 
        section, the individual serving in a position specified in 
        paragraph (2) on the day before the date of the enactment of 
        this Act may continue to serve in such position without the 
        requirement for appointment by the President, by and with the 
        advice and consent of the Senate, for a period of up to four 
        years after the date of the enactment of this Act.
            (2) Covered positions.--The positions specified in this 
        paragraph are the following:
                    (A) The Principal Deputy Under Secretary of Defense 
                (Comptroller).
                    (B) The Principal Deputy Under Secretary of Defense 
                for Intelligence.

                      Subtitle B--Space Activities

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

    (a) Strategy.--
            (1) Director of national intelligence.--Paragraph (1) of 
        section 2272(a) of title 10, United States Code, is amended by 
        striking ``The Secretary of Defense shall develop'' and

[[Page 123 STAT. 2429]]

        inserting ``The Secretary of Defense and the Director of 
        National Intelligence shall jointly develop''.
            (2) Requirements.--Paragraph (2) of such section is amended 
        by adding at the end the following new subparagraph:
            ``(D) The process for transitioning space science and 
        technology programs to new or existing space acquisition 
        programs.''.
            (3) Submission to congress.--Paragraph (5) of such section 
        is amended to read as follows:

    ``(5) <<NOTE: Deadline.>> The Secretary of Defense and the Director 
of National Intelligence shall biennially submit the strategy developed 
under paragraph (1) to the congressional defense committees every other 
year on the date on which the President submits to Congress the budget 
for the next fiscal year under section 1105 of title 31.''.
            (4) <<NOTE: 10 USC 2272 note.>> Initial report.--The first 
        space science and technology strategy required to be submitted 
        under paragraph (5) of section 2272(a) of title 10, United 
        States Code, as amended by paragraph (3) of this subsection, 
        shall be submitted on the date on which the President submits to 
        Congress the budget for fiscal year 2012 under section 1105 of 
        title 31, United States Code.

    (b) Government Accountability Office Review of Strategy.--
            (1) Review.--The Comptroller General shall review and assess 
        the first space science and technology strategy submitted under 
        paragraph (5) of section 2272(a) of title 10, United States 
        Code, as amended by subsection (a)(3) of this section, and the 
        effectiveness of the coordination process required under section 
        2272(b) of such title.
            (2) Report.--Not later than 90 days after the date on which 
        the Secretary of Defense and the Director of National 
        Intelligence submit the first space science and technology 
        strategy required to be submitted under paragraph (5) of section 
        2272(a) of title 10, United States Code, as amended by 
        subsection (a)(3) of this section, the Comptroller General shall 
        submit to the congressional defense committees a report 
        containing the findings and assessment under paragraph (1).
SEC. 912. PROVISION OF SPACE SITUATIONAL AWARENESS SERVICES AND 
                        INFORMATION TO NON-UNITED STATES 
                        GOVERNMENT ENTITIES.

    (a) In General.--Section 2274 of title 10, United States Code, 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

[[Page 123 STAT. 2430]]

and information under subsection (a) from, any non-United States 
Government entity, including any of the following:
            ``(1) A State.
            ``(2) A political subdivision of a State.
            ``(3) A United States commercial entity.
            ``(4) The government of a foreign country.
            ``(5) A foreign commercial entity.

    ``(c) Agreement.--The Secretary may not provide space situational 
awareness services and information under subsection (a) to a non-United 
States Government entity unless that entity enters into an agreement 
with the Secretary under which the entity--
            ``(1) agrees to pay an amount that may be charged by the 
        Secretary under subsection (d);
            ``(2) agrees not to transfer any data or technical 
        information received under the agreement, including the analysis 
        of data, to any other entity without the express approval of the 
        Secretary; and
            ``(3) agrees to any other terms and conditions considered 
        necessary by the Secretary.

    ``(d) Charges.--(1) As a condition of an agreement under subsection 
(c), the Secretary may (except as provided in paragraph (2)) require the 
non-United States Government entity entering into the agreement to pay 
to the Department of Defense such amounts as the Secretary determines 
appropriate to reimburse the Department for the costs to the Department 
of providing space situational awareness services or information under 
the agreement.
    ``(2) The Secretary may not require the government of a State, or of 
a political subdivision of a State, to pay any amount under paragraph 
(1).
    ``(e) Crediting of Funds Received.--(1) Funds received for the 
provision of space situational awareness services or information 
pursuant to an agreement under this section shall be credited, at the 
election of the Secretary, to the following:
            ``(A) The appropriation, fund, or account used in incurring 
        the obligation.
            ``(B) An appropriate appropriation, fund, or account 
        currently available for the purposes for which the expenditures 
        were made.

    ``(2) Funds credited under paragraph (1) shall be merged with, and 
remain available for obligation with, the funds in the appropriation, 
fund, or account to which credited.
    ``(f) Procedures.--The Secretary shall establish procedures by which 
the authority under this section shall be carried out. As part of those 
procedures, the Secretary may allow space situational awareness services 
or information to be provided through a contractor of the Department of 
Defense.
    ``(g) Immunity.--The United States, any agencies and 
instrumentalities thereof, and any individuals, firms, corporations, and 
other persons acting for the United States, shall be immune from any 
suit in any court for any cause of action arising from the provision or 
receipt of space situational awareness services or information, whether 
or not provided in accordance with this section, or any related action 
or omission.
    ``(h) Notice of Concerns of Disclosure of Information.--If the 
Secretary <<NOTE: Deadline. Determination.>> determines that a 
commercial or foreign entity has declined or is reluctant to provide 
data or information to the Secretary in accordance with this section due 
to the concerns of

[[Page 123 STAT. 2431]]

such entity about the potential disclosure of such data or information, 
the Secretary shall, not later than 60 days after the Secretary makes 
that determination, provide notice to the congressional defense 
committees of the declination or reluctance of such entity.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 135 of such title is amended by striking the item relating to 
section 2274 and inserting the following new item:

``2274. Space situational awareness services and information: provision 
           to non-United States Government entities.''.

    (c) <<NOTE: 10 USC 2274 note.>> Effective Date.--The amendments made 
by this section shall take effect on October 1, 2009, or the date of the 
enactment of this Act, whichever is later.
SEC. 913. MANAGEMENT AND FUNDING STRATEGY AND IMPLEMENTATION PLAN 
                        FOR THE NATIONAL POLAR-ORBITING 
                        OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM 
                        PROGRAM.

    (a) Management and Funding Strategy.--
            (1) In general. <<NOTE: President.>> --The President shall 
        develop a strategy for the management and funding of the 
        National Polar-Orbiting Operational Environmental Satellite 
        System Program (in this section referred to as the ``Program'') 
        by the Department of Defense, the Department of Commerce, and 
        the National Aeronautics and Space Administration.
            (2) Elements.--The strategy required under paragraph (1) 
        shall include the following:
                    (A) Requirements for the Program.
                    (B) The management structure of the Program.
                    (C) A funding profile for the Program for each year 
                of the Program for the Department of Defense, the 
                Department of Commerce, and the National Aeronautics and 
                Space Administration.

    (b) Implementation Plan. <<NOTE: President.>> --The President shall 
develop a plan to implement the strategy required under subsection 
(a)(1).

    (c) Limitation on Use of Funds.--Of the amounts authorized to be 
appropriated for fiscal year 2010 by section 201(a)(3) for research, 
development, test, and evaluation for the Air Force and available for 
the Program--
            (1) not more than 50 percent of such amounts may be 
        obligated or expended before the date on which the strategy 
        developed under subsection (a)(1) is submitted to the 
        congressional defense committees, the Committee on Commerce, 
        Science, and Transportation of the Senate, and the Committee on 
        Science and Technology of the House of Representatives; and
            (2) not more than 75 percent of such amounts may be 
        obligated or expended before the date on which the plan 
        developed under subsection (c) is submitted to the congressional 
        defense committees, the Committee on Commerce, Science, and 
        Transportation of the Senate, and the Committee on Science and 
        Technology of the House of Representatives.

    (d) Sense of Congress.--It is the sense of Congress that once all 
requirements for the Program are fully agreed to by the Secretary of 
Defense, the Secretary of Commerce, and the Administrator of the 
National Aeronautics and Space Administration, the Program should be 
executed with no modifications to those requirements that would increase 
the cost, or extend the schedule, of the Program.

[[Page 123 STAT. 2432]]

                Subtitle C--Intelligence-Related Matters

SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY IN AUTHORITY TO 
                        USE PROCEEDS FROM COUNTERINTELLIGENCE 
                        OPERATIONS.

    (a) In General.--Section 423 of title 10, United States Code, is 
amended by inserting ``or the Defense Intelligence Agency'' after ``the 
military departments'' each place it appears in subsections (a) and (c).
    (b) Conforming Amendments.--
            (1) Heading amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 423. Authority to use proceeds from counterintelligence 
                operations of the military departments or the 
                Defense Intelligence Agency''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 21 of such title is amended by striking the 
        item relating to section 423 and inserting the following new 
        item:

``423. Authority to use proceeds from counterintelligence operations of 
           the military departments or the Defense Intelligence 
           Agency.''.

SEC. 922. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE INTELLIGENCE 
                        ANALYSIS.

    (a) Assessment and Plan.--The Secretary of Defense, in consultation 
with the Director of National Intelligence, shall--
            (1) conduct an assessment of foreign ballistic missile 
        intelligence analytic gaps and shortfalls; and
            (2) develop a plan to ensure that the appropriate 
        intelligence centers have sufficient analytical capabilities to 
        address such gaps and shortfalls.

    (b) Report.--Not later than February 28, 2010, the Secretary of 
Defense shall submit to the congressional defense committees, the 
Permanent Select Committee on Intelligence of the House of 
Representatives, and the Select Committee on Intelligence of the Senate 
a report containing--
            (1) the results of the assessment conducted under subsection 
        (a)(1);
            (2) the plan developed under subsection (a)(2); and
            (3) a description of the resources required to implement 
        such plan.

    (c) Form.--The report under subsection (b) shall be submitted in 
unclassified form, but may contain a classified annex.

                        Subtitle D--Other Matters

SEC. 931. IMPLEMENTATION STRATEGY FOR DEVELOPING LEAP-AHEAD CYBER 
                        OPERATIONS CAPABILITIES.

    (a) Strategy Report Required.--Not later than March 1, 2010, the 
Under Secretary of Defense for Acquisition, Technology, and Logistics 
shall submit to the congressional defense committees a report on a 
strategy for organizing the research and development bodies of the 
Department of Defense to develop leap-ahead cyber operations 
capabilities.

[[Page 123 STAT. 2433]]

    (b) Elements.--The report required by subsection (a) shall address 
the following:
            (1) A description of the management structure and investment 
        review process for coordinating the technology development of 
        advanced offensive and defensive cyber operations capabilities--
                    (A) among the military departments, the Defense 
                Agencies, the combatant commands, and the intelligence 
                community;
                    (B) across all levels of classification, including 
                relevant special access programs; and
                    (C) based on the identification and prioritization 
                of joint cyber operations capabilities gaps.
            (2) Actions taken and recommendations for further improving 
        the coordination of research and development of offensive and 
        defensive cyber operations capabilities among private sector, 
        interagency, non-governmental, and international partners.
            (3) Assessment of the feasibility and utility of regular 
        national level, joint, interagency cyber exercises that would 
        include, to the extent possible, participants from industry, 
        international militaries, and non-governmental organizations to 
        assess technologies, policies, and capabilities.

    (c) Coordination.--The report required by subsection (a) shall be 
developed in coordination and concurrence with the Vice Chairman of the 
Joint Chiefs of Staff, the Under Secretary of Defense for Intelligence, 
the Under Secretary of Defense for Policy, the Assistant Secretary of 
Defense for Networks and Information Integration, the Director of the 
National Security Agency, and the commander of the United States Cyber 
Command.
    (d) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (e) Cyber Operations Capabilities Defined.--The term ``cyber 
operations capabilities'' means the range of capabilities needed for 
computer network defense, computer network attack, and computer network 
exploitations. Such term includes technical as well as non-materiel 
solutions.
SEC. 932. <<NOTE: 10 USC 113 note.>> DEFENSE INTEGRATED MILITARY 
                        HUMAN RESOURCES SYSTEM DEVELOPMENT AND 
                        TRANSITION.

    (a) In General. <<NOTE: Establishment.>> --The Secretary of Defense 
shall establish a Defense Integrated Military Human Resources System 
development and transition Council to provide advice to the Secretary of 
Defense and the Secretaries of the military departments on the 
modernization of the integrated pay and personnel system for each 
military department and the collection of data generated by each such 
system into the enterprise information warehouse.

    (b) Council.--The Council shall include the following members:
            (1) The Deputy Chief Management Officer of the Department of 
        Defense.
            (2) The Director of the Business Transformation Agency.
            (3) The Under Secretary of Defense for Acquisition, 
        Technology, and Logistics, or a designated representative.
            (4) The Under Secretary of Defense for Personnel and 
        Readiness, or a designated representative.

[[Page 123 STAT. 2434]]

            (5) One representative from each of the Army, Navy, Air 
        Force, and Marine Corps who is a lieutenant general or vice 
        admiral, or a civilian equivalent.
            (6) One representative of the National Guard Bureau who is a 
        lieutenant general or vice admiral, or a civilian equivalent.
            (7) The Assistant Secretary of Defense for Networks and 
        Information Integration, or a designated representative.
            (8) The Director of Operational Test and Evaluation, or a 
        designated representative.
            (9) Such other individuals as may be designated by the 
        Deputy Secretary of Defense, acting in the Deputy Secretary's 
        capacity as the Chief Management Officer.

    (c) Meetings.--The Council shall meet not less than twice a year, or 
more often as specified by the Deputy Secretary of Defense.
    (d) Duties.--The Council shall have the following responsibilities:
            (1) Resolution of significant policy, programmatic, or 
        budgetary issues impeding modernization or deployment of 
        integrated personnel and pay systems for each military 
        department, including issues relating to--
                    (A) common interfaces, architectures, and systems 
                engineering;
                    (B) ensuring that developmental systems are 
                consistent with current and future enterprise accounting 
                and pay and personnel standards and practices; and
                    (C) ensuring that developmental systems are 
                consistent with current and future Department of Defense 
                business enterprise architecture.
            (2) Coordination of implementation of the integrated 
        personnel and pay system within defense organizations to ensure 
        interoperability between all appropriate elements of the system.
            (3) Establishment of metrics to assess the following:
                    (A) Business process re-engineering needed for 
                successful deployment of the integrated pay and 
                personnel system.
                    (B) Interoperability between legacy, operational, 
                and developmental pay and personnel systems.
                    (C) Interface and systems architecture control and 
                standardization.
                    (D) Retirement of legacy systems.
                    (E) Use of the enterprise information warehouse.
                    (F) Any other relevant matters.
            (4) Such other responsibilities as the Secretary determines 
        are appropriate.

    (e) Termination.--This section shall not be in effect after 
September 30, 2013.
    (f) Report.--Not later than March 1, 2010, the Secretary of Defense 
shall submit to the congressional defense committees a report on actions 
taken pursuant to this section.
SEC. 933. REPORT ON SPECIAL OPERATIONS COMMAND ORGANIZATION, 
                        MANNING, AND MANAGEMENT.

    (a) Report Required.--Not later than 120 days after the date of the 
enactment of this Act, the Commander of the United States Special 
Operations Command shall prepare and submit to the Secretary of Defense 
a report and recommendations, in accordance

[[Page 123 STAT. 2435]]

with this section, on the organization, manning, and management of the 
command.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A comparison of current and projected fiscal year 2010 
        military and civilian end strength levels at special operations 
        command headquarters with fiscal year 2000 levels, both actual 
        and authorized.
            (2) A comparison of fiscal year 2000 through 2010 special 
        operations command headquarters end strength growth with the 
        growth of each special operations forces component command 
        headquarters over the same time period, both actual and 
        authorized.
            (3) A summary and assessment that identifies the resourcing, 
        in terms of manning, training, equipping, and funding, that the 
        United States Special Operations Command provides to each of the 
        theater special operations commands under the geographical 
        combatant commands and a summary of personnel specialties 
        assigned to each such command.
            (4) Options and recommendations for reducing staffing levels 
        at special operations command headquarters by 5 and 10 percent, 
        respectively, and an assessment of the opportunity costs and 
        management risks associated with each option.
            (5) Recommendations for increasing manning levels, if 
        appropriate, at each component command, and especially at Army 
        Special Operations Command.
            (6) A plan to sustain the cultural engagement group of 
        Special Operations Command Central.
            (7) An assessment of the resourcing requirements to 
        establish capability similar to the cultural engagement group 
        capability at the other theater special operations command 
        locations.
            (8) A review and assessment for improving the relationship 
        between the United States Special Operations Command and each of 
        the theater special operations commands under the geographical 
        combatant commands and the establishment of a more direct 
        administrative and collaborative link between them.
            (9) A review and assessment of existing Department of 
        Defense executive agent support to the United States Special 
        Operations Command and its subordinate components, as well as 
        commentary about proposals to use the same executive agent 
        throughout the special operations community.
            (10) An updated assessment on the specific proposal to 
        provide executive agent support from the Defense Logistics 
        Agency for the United States Special Operations Command.
            (11) A recommendation and plan for including international 
        development and conflict prevention representatives as 
        participants in the Interagency Task Force process.

    (c) Submission of Report and Recommendations to Congressional 
Defense Committees.--Not later than 30 days after the date of the 
submission of the report and recommendations required under subsection 
(a) by the Commander of the United States Special Operations Command, 
the Secretary of Defense shall forward the report and recommendations to 
the congressional defense committees, together with such additional 
comments as the Secretary considers appropriate.

[[Page 123 STAT. 2436]]

SEC. 934. STUDY ON THE RECRUITMENT, RETENTION, AND CAREER 
                        PROGRESSION OF UNIFORMED AND CIVILIAN 
                        MILITARY CYBER OPERATIONS PERSONNEL.

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

    (c) Cyber Operations Personnel Defined.--In this section, the term 
``cyber operations personnel'' refers to members of the Armed Forces and 
civilian employees of the Department of Defense involved with the 
operations and maintenance of a computer network connected to the global 
information grid, as well as offensive, defensive, and exploitation 
functions of such a network.
SEC. 935. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED 
                        AIRCRAFT SYSTEMS.

    (a) In General.--The Secretary of Defense and the Secretary of 
Transportation shall, after consultation with the Secretary of Homeland 
Security, jointly develop a plan for providing expanded access to the 
national airspace for unmanned aircraft systems of the Department of 
Defense.

[[Page 123 STAT. 2437]]

    (b) Elements.--The plan required by subsection (a) shall include the 
following:
            (1) A description of how the Department of Defense and the 
        Department of Transportation will communicate and cooperate, at 
        the executive, management, and action levels, to provide 
        expanded access to the national airspace for unmanned aircraft 
        systems of the Department of Defense.
            (2) Specific milestones, taking into account the operational 
        and training needs of the Department of Defense and the safety 
        and air traffic management needs of the Department of 
        Transportation, for providing expanded access to the national 
        airspace for unmanned aircraft systems and a transition plan for 
        sites programmed to be activated as unmanned aerial system sites 
        during fiscal years 2010 through 2015.
            (3) Recommendations for policies with respect to use of the 
        national airspace, flight standards, and operating procedures 
        that should be implemented by the Department of Defense and the 
        Department of Transportation to accommodate unmanned aircraft 
        systems assigned to any State or territory of the United States.
            (4) An identification of resources required by the 
        Department of Defense and the Department of Transportation to 
        execute the plan.

    (c) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense and the Secretary of 
Transportation shall submit a report containing the plan required by 
subsection (a) to the following committees:
            (1) The congressional defense committees.
            (2) The Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives.
            (3) The Committee on Homeland Security and Government 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Relationship of the quadrennial defense review and the annual 
           budget request.
Sec. 1003. Audit readiness of financial statements of the Department of 
           Defense.

                   Subtitle B--Counter-Drug Activities

Sec. 1011. Unified counter-drug and counterterrorism campaign in 
           Colombia.
Sec. 1012. Joint task forces support to law enforcement agencies 
           conducting counter-terrorism activities.
Sec. 1013. Reporting requirement on expenditures to support foreign 
           counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign 
           governments.
Sec. 1015. Border coordination centers in Afghanistan and Pakistan.
Sec. 1016. Comptroller General report on effectiveness of accountability 
           measures for assistance from counter-narcotics central 
           transfer account.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy.
Sec. 1022. Designation of U.S.S. Constitution as America's Ship of 
           State.
Sec. 1023. Temporary reduction in minimum number of operational aircraft 
           carriers.
Sec. 1024. Sense of Congress concerning the disposition of Submarine NR-
           1.

[[Page 123 STAT. 2438]]

  Subtitle D--Miscellaneous Requirements, Authorities, and Limitations

Sec. 1031. Prohibition relating to propaganda.
Sec. 1032. Responsibility for preparation of biennial global positioning 
           system report.
Sec. 1033. Reports on bandwidth requirements for major defense 
           acquisition programs and major system acquisition programs.
Sec. 1034. Additional duties for advisory panel on Department of Defense 
           capabilities for support of civil authorities after certain 
           incidents.
Sec. 1035. Charter for the National Reconnaissance Office.
Sec. 1036. National strategic five-year plan for improving the nuclear 
           forensic and attribution capabilities of the United States.
Sec. 1037. Authorization of appropriations for payments to Portuguese 
           nationals employed by the Department of Defense.
Sec. 1038. Prohibition on interrogation of detainees by contractor 
           personnel.
Sec. 1039. Notification and access of International Committee of the Red 
           Cross with respect to detainees at Theater Internment 
           Facility at Bagram Air Base, Afghanistan.
Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists.
Sec. 1041. Limitation on use of funds for the transfer or release of 
           individuals detained at United States Naval Station, 
           Guantanamo Bay, Cuba.
Sec. 1042. Additional subpoena authority for the Inspector General of 
           the Department of Defense.
Sec. 1043. Limitations on modifications of certain Government furnished 
           equipment; one-time authority to transfer certain military 
           prototype.

                     Subtitle E--Studies and Reports

Sec. 1051. Report on statutory compliance of the report on the 2009 
           quadrennial defense review.
Sec. 1052. Report on the force structure findings of the 2009 
           quadrennial defense review.
Sec. 1053. Annual report on the electronic warfare strategy of the 
           Department of Defense.
Sec. 1054. Study on a system for career development and management of 
           interagency national security professionals.
Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear 
           weapons and related programs in non-nuclear-weapons states 
           and countries not parties to the Nuclear Non-Proliferation 
           Treaty, and certain foreign persons.
Sec. 1056. Comptroller General review of Department of Defense spending 
           in final fiscal quarters.
Sec. 1057. Report on Air America.
Sec. 1058. Report on defense travel simplification.
Sec. 1059. Report on modeling and simulation technological and 
           industrial base.
Sec. 1060. Report on enabling capabilities for special operations 
           forces.
Sec. 1061. Additional members and duties for the independent panel to 
           assess the quadrennial defense review.
Sec. 1062. Congressional earmarks relating to the Department of Defense.
Sec. 1063. Report on basing plans for certain United States geographic 
           combatant commands.

                        Subtitle F--Other Matters

Sec. 1071. Extension of certain authority for making rewards for 
           combating terrorism.
Sec. 1072. Business process reengineering.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Extension of sunset for congressional commission on the 
           strategic posture of the United States.
Sec. 1075. Combat air forces restructuring.
Sec. 1076. Sense of Congress regarding carrier air wing force structure.
Sec. 1077. Department of Veterans Affairs use of service dogs for the 
           treatment or rehabilitation of veterans with physical or 
           mental injuries or disabilities.
Sec. 1078. Plan for sustainment of land-based solid rocket motor 
           industrial base.
Sec. 1079. Justice for victims of torture and terrorism.
Sec. 1080. Requirement for videotaping or otherwise electronically 
           recording strategic intelligence interrogations of persons in 
           the custody of or under the effective control of the 
           Department of Defense.
Sec. 1081. Modification of pilot program on commercial fee-for-service 
           air refueling support for the air force.
Sec. 1082. Multiyear contracts under pilot program on commercial fee-
           for-service air refueling support for the Air Force.

[[Page 123 STAT. 2439]]

Sec. 1083. Disclosure of names of students and instructors at Western 
           Hemisphere Institute for Security Cooperation.
Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute 
           for Security Cooperation.

                      Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

    (a) Authority to Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this division for 
        fiscal year 2010 between any such authorizations for that fiscal 
        year (or any subdivisions thereof). Amounts of authorizations so 
        transferred shall be merged with and be available for the same 
        purposes as the authorization to which transferred.
            (2) Limitation.--Except as provided in paragraph (3), the 
        total amount of authorizations that the Secretary may transfer 
        under the authority of this section may not exceed 
        $4,000,000,000.
            (3) Exception for transfers between military personnel 
        authorizations.--A transfer of funds between military personnel 
        authorizations under title IV shall not be counted toward the 
        dollar limitation in paragraph (2).

    (b) Limitations.--The authority provided by this section to transfer 
authorizations--
            (1) may only be used to provide authority for items that 
        have a higher priority than the items from which authority is 
        transferred; and
            (2) may not be used to provide authority for an item that 
        has been denied authorization by Congress.

    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority of this section shall be deemed 
to increase the amount authorized for the account to which the amount is 
transferred by an amount equal to the amount transferred.
    (d) Notice to Congress.--The Secretary shall promptly notify 
Congress of each transfer made under subsection (a).
SEC. 1002. RELATIONSHIP OF THE QUADRENNIAL DEFENSE REVIEW AND THE 
                          ANNUAL BUDGET REQUEST.

    Section 118 of title 10, United States Code, is amended by adding at 
the end the following new subsection:
    ``(h) Relationship to Budget.--Nothing in this section shall be 
construed to affect section 1105(a) of title 31.''.
SEC. 1003. <<NOTE: 10 USC 2222 note.>> AUDIT READINESS OF 
                          FINANCIAL STATEMENTS OF THE DEPARTMENT 
                          OF DEFENSE.

    (a) Financial Improvement Audit Readiness Plan.--
            (1) In general.--The Chief Management Officer of the 
        Department of Defense shall, in consultation with the Under 
        Secretary of Defense (Comptroller), develop and maintain a plan 
        to be known as the ``Financial Improvement and Audit Readiness 
        Plan''.
            (2) Elements.--The plan required by paragraph (1) shall--
                    (A) describe specific actions to be taken and the 
                costs associated with--

[[Page 123 STAT. 2440]]

                          (i) correcting the financial management 
                      deficiencies that impair the ability of the 
                      Department of Defense to prepare timely, reliable, 
                      and complete financial management information; and
                          (ii) ensuring the financial statements of the 
                      Department of Defense are validated as ready for 
                      audit by not later than September 30, 2017;
                    (B) systematically tie the actions described under 
                subparagraph (A) to process and control improvements and 
                business systems modernization efforts described in the 
                business enterprise architecture and transition plan 
                required by section 2222 of title 10, United States 
                Code;
                    (C) prioritize--
                          (i) improving the budgetary information of the 
                      Department of Defense, in order to achieve an 
                      unqualified audit opinion on the Department's 
                      statements of budgetary resources; and
                          (ii) as a secondary goal, improving the 
                      accuracy and reliability of management information 
                      on the Department's mission-critical assets 
                      (military and general equipment, real property, 
                      inventory, and operating materials and supplies) 
                      and validating its accuracy through existence and 
                      completeness audits; and
                    (D) include interim goals, including--
                          (i) the objective of ensuring that the 
                      financial statement of each of the Department of 
                      the Army, the Department of the Navy, the 
                      Department of the Air Force, and the Defense 
                      Logistics Agency is validated as ready for audit: 
                      and
                          (ii) a schedule setting forth milestones for 
                      elements of the military departments and financial 
                      statements of the military departments to be made 
                      ready for audit as part of the progress required 
                      to meet the objectives established pursuant to 
                      clause (i) of this subparagraph and clause (ii) of 
                      subparagraph (A) of this paragraph.

    (b) Semi-annual Reports on Financial Improvement and Audit Readiness 
Plan.--
            (1) In general.--Not later than May 15 and November 15 each 
        year, the Under Secretary of Defense (Comptroller) shall submit 
        to the congressional defense committees a report on the status 
        of the implementation by the Department of Defense of the 
        Financial Improvement and Audit Readiness Plan required by 
        subsection (a).
            (2) Elements.--Each report under paragraph (1) shall 
        include, at a minimum--
                    (A) an overview of the steps the Department has 
                taken or plans to take to meet the objectives specified 
                in subsection (a)(2)(A), including progress toward 
                achieving the interim goals and milestone schedule 
                established pursuant to subsection (a)(2)(D); and
                    (B) a description of any impediments identified in 
                the efforts of the Department to meet such objectives, 
                and of the actions the Department has taken or plans to 
                take to address such impediments.
            (3) Additional issues to be addressed in first report.--The 
        first report submitted under paragraph (1) after the date of the 
        enactment of this Act shall address, in addition to the

[[Page 123 STAT. 2441]]

        elements required by paragraph (2), the actions taken or to be 
        taken by the Department as follows:
                    (A) To develop standardized guidance for financial 
                improvement plans by components of the Department.
                    (B) To establish a baseline of financial management 
                capabilities and weaknesses at the component level of 
                the Department.
                    (C) To provide results-oriented metrics for 
                measuring and reporting quantifiable results toward 
                addressing financial management deficiencies.
                    (D) To define the oversight roles of the Chief 
                Management Officer of the Department of Defense, the 
                chief management officers of the military departments, 
                and other appropriate elements of the Department to 
                ensure that the requirements of the Financial 
                Improvement and Audit Readiness Plan are carried out.
                    (E) To assign accountability for carrying out 
                specific elements of the Financial Improvement and Audit 
                Readiness Plan to appropriate officials and 
                organizations at the component level of the Department.
                    (F) To develop mechanisms to track budgets and 
                expenditures for the implementation of the requirements 
                of the Financial Improvement and Audit Readiness Plan.
                    (G) To develop a mechanism to conduct audits of the 
                military intelligence programs and agencies and to 
                submit audited financial statements for such agencies to 
                Congress in a classified manner.

    (c) Relationship to Existing Law.--The requirements of this section 
shall be implemented in a manner that is consistent with the 
requirements of section 1008 of the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1204; 10 U.S.C. 2222 
note).

                   Subtitle B--Counter-Drug Activities

SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN 
                          COLOMBIA.

    Section 1021 of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most 
recently amended by section 1023 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4586), is further amended--
            (1) in subsection (a), by striking ``2009'' and inserting 
        ``2010''; and
            (2) in subsection (c), by striking ``2009'' and inserting 
        ``2010''.
SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT AGENCIES 
                          CONDUCTING COUNTER-TERRORISM ACTIVITIES.

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

[[Page 123 STAT. 2442]]

    (b) Annual Report.--Subsection (c) of section 1022 of the National 
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is 
amended to read as follows:
    ``(c) Annual Report.--Not later than December 31 of each year after 
2008 in which the authority in subsection (a) is in effect, the 
Secretary of Defense shall submit to Congress a report setting forth, 
for the one-year period ending on the date of such report, the 
following:
            ``(1) An assessment of the effect on counter-drug and 
        counter-terrorism activities and objectives of using counter-
        drug funds of a joint task force to provide counterterrorism 
        support authorized by subsection (a).
            ``(2) A description of the type of support and any recipient 
        of support provided under subsection (a).
            ``(3) A list of current joint task forces conducting 
        counter-drug operations.''.
SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT 
                          FOREIGN COUNTER-DRUG ACTIVITIES.

    Section 1022(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106-398; 114 Stat. 1654A-255), as most recently amended by section 
1021 of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110-417; 122 Stat. 4586), is further amended by 
striking ``April 15, 2006'' and all that follows through ``February 15, 
2009'' and inserting ``February 15, 2010''.
SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN 
                          GOVERNMENTS.

    (a) In General.--Subsection (a)(2) section 1033 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 
Stat. 1881), as most recently amended by section 1024(a) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4587), is further amended by striking ``2009'' 
and inserting ``2010''.
    (b) Maximum Amount of Support.--Subsection (e)(2) of such section is 
amended by striking ``fiscal year 2009'' and inserting ``either of 
fiscal years 2009 and 2010''.
    (c) Conditions on Provision of Support.--Subsection (f)(2) of such 
section is amended in the matter preceding subparagraph (A) by striking 
``for fiscal year 2009 to carry out this section and the first fiscal 
year in which the support is to be provided'' and inserting ``and 
available for support''.
    (d) Counter-drug Plan.--Subsection (h) of such section is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``fiscal year 2009'' and inserting ``for each fiscal year''; and
            (2) in paragraph (7), by striking ``fiscal year 2009, and 
        thereafter, for the first fiscal year in which support is to be 
        provided'' and inserting ``each fiscal year in which support is 
        to be provided to a government''.
SEC. 1015. BORDER COORDINATION CENTERS IN AFGHANISTAN AND 
                          PAKISTAN.

    (a) Prohibition on Use of Counter-narcotic Assistance for Border 
Coordination Centers.--

[[Page 123 STAT. 2443]]

            (1) Prohibition.--Amounts available for drug interdiction 
        and counter-drug activities of the Department of Defense may not 
        be expended for the construction, expansion, repair, or 
        operation and maintenance of any existing or proposed border 
        coordination center.
            (2) Rule of construction.--Paragraph (1) does not prohibit 
        or limit the use of other funds available to the Department of 
        Defense to construct, expand, repair, or operate and maintain 
        border coordination centers.

    (b) Limitation on Establishment of Additional Centers.--
            (1) Limitation.--The Secretary of Defense may not authorize 
        the establishment, or any construction in connection with the 
        establishment, of a third border coordination center in the area 
        of operations of Regional Command-East in the Islamic Republic 
        of Afghanistan until a border coordination center has been 
        constructed, or is under construction, in either--
                    (A) the area of operations of Regional Command-South 
                in the Islamic Republic of Afghanistan; or
                    (B) Baluchistan in the Islamic Republic of Pakistan.
            (2) National security waiver. <<NOTE: Determination.>> --The 
        Secretary may waive the limitation under paragraph (1) if the 
        Secretary determines that such a waiver is vital to the national 
        security interests of the United States. 
        The <<NOTE: Notice.>> Secretary shall promptly submit to 
        Congress notice in writing of any waiver under this paragraph.

    (c) Border Coordination Center Defined.--In this section, the term 
``border coordination center'' means a multilateral military 
coordination and intelligence center that is located, or intended to be 
located, near the border between the Islamic Republic of Afghanistan and 
the Islamic Republic of Pakistan.
SEC. 1016. COMPTROLLER GENERAL REPORT ON EFFECTIVENESS OF 
                          ACCOUNTABILITY MEASURES FOR ASSISTANCE 
                          FROM COUNTER-NARCOTICS CENTRAL TRANSFER 
                          ACCOUNT.

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

[[Page 123 STAT. 2444]]

                 Subtitle C--Naval Vessels and Shipyards

SEC. 1021. SENSE OF CONGRESS ON THE MAINTENANCE OF A 313-SHIP 
                          NAVY.

    (a) Findings.--Congress makes the following findings:
            (1) The Department of the Navy has a stated requirement for 
        a 313-ship fleet.
            (2) The Navy can better meet this requirement--
                    (A) by procuring sufficient numbers of new ships; 
                and
                    (B) by ensuring the sound material condition of 
                existing ships that will enable the Navy to utilize them 
                for their full planned service lives.
            (3) When procuring new classes of ships, the Navy must 
        exercise greater caution than it has exhibited to date in 
        proceeding from one stage of the acquisition cycle to the next 
        before a ship program has achieved a level of maturity that 
        significantly lowers the risk of cost growth and schedule 
        slippage.
            (4) In retaining existing assets, the Navy can do a much 
        better job of achieving the full planned service lives of ships 
        and extending the service lives of certain ships so as to keep 
        their unique capabilities in the fleet while the Navy takes the 
        time necessary to develop and field next-generation capabilities 
        under a low risk program.
            (5) The Navy can undertake certain development approaches 
        that can help the Navy control the total costs of ownership of a 
        ship or class of ships, including emphasizing common hull 
        designs, open architecture combat systems, and other common ship 
        systems in order to achieve efficiency in acquiring and 
        supporting various classes of ships.
            (6) The Navy needs to continue its efforts toward achieving 
        an open architecture for existing combat systems, as this will 
        have great benefit in reducing the costs and risks of fielding 
        new classes of ships, and will yield recurring savings from 
        reducing the costs of buying later ships in a program and 
        reducing life cycle support costs for ships and classes of 
        ships.
            (7) The Navy can also undertake other measures to acquire 
        new ships and maintain the current fleet with greater 
        efficiency, including--
                    (A) greater use of fixed-price contracts;
                    (B) maximizing competition (or the option of 
                competition) throughout the life cycle of its ships;
                    (C) entering into multi-year contracts when 
                warranted; and
                    (D) employing an incremental approach to developing 
                new technologies.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Navy should meet its requirement for a 313-ship 
        fleet until such time that modifications to the Navy's ship 
        fleet force structure are warranted, and the Secretary of the 
        Navy provides Congress with a justification of any proposed 
        modifications, supported by rigorous and sufficient warfighting 
        analysis;
            (2) the Navy should take greater care to achieve the full 
        planned service life of existing ships and reduce the incidence 
        of early ship decommissioning;

[[Page 123 STAT. 2445]]

            (3) the Navy should exercise greater restraint on the 
        acquisition process for ships in order to achieve on-time, on-
        cost shipbuilding programs; and
            (4) Congress should support the Navy when it is acting 
        responsibly to undertake measures that can help the Navy achieve 
        the requirement for a 313-ship fleet and maintain a fleet that 
        is adequate to meet the national security needs of the United 
        States.
SEC. 1022. DESIGNATION OF U.S.S. CONSTITUTION AS AMERICA'S SHIP OF 
                          STATE.

    (a) Findings.--Congress makes the following findings:
            (1) In the Act entitled ``An Act to Provide a Naval 
        Armament'', approved on March 27, 1794 (1 Stat. 350, Chap. XII), 
        the 3rd Congress authorized the construction of six frigates as 
        the first ships to be built for the United States Navy.
            (2) One of the six frigates was built in Boston, 
        Massachusetts, between 1794 and 1797, and is the only one of the 
        original six ships to survive.
            (3) President George Washington named this frigate 
        ``Constitution'' to represent the Nation's founding document.
            (4) President Thomas Jefferson, asserting the right of the 
        United States to trade on the high seas, dispatched the frigate 
        Constitution in 1803 as the flagship of the Mediterranean 
        Squadron to end the depredations of the Barbary States against 
        United States ships and shipping, which led to a treaty being 
        signed with the Bashaw of Tripoli in the captain's cabin aboard 
        the frigate Constitution on June 4, 1805.
            (5) The frigate Constitution, with her defeat of the H.M.S. 
        Guerriere, secured the first major victory by the young United 
        States Navy against the Royal Navy during the War of 1812, 
        gaining in the process the nickname ``Old Ironsides'', which she 
        has proudly carried since.
            (6) Congress awarded gold medals to four of the ship's 
        commanding officers (Preble, Hull, Stewart, and Bainbridge), a 
        record unmatched by any other United States Navy vessel.
            (7) The frigate Constitution emerged from the War of 1812 
        undefeated, having secured victories over three additional ships 
        of the Royal Navy.
            (8) As early as May 1815, the frigate Constitution had 
        already been adopted as a symbol of the young Republic, as 
        attested by the [Washington] National Intelligencer which 
        proclaimed, ``Let us keep `Old Ironsides' at home. She has, 
        literally become the Nation's Ship . . . and should thus be 
        preserved . . . in honorable pomp, as a glorious Monument of her 
        own, and our other Naval Victories.''.
            (9) Rumors in 1830 that ``Old Ironsides'', an aging frigate, 
        was about to be scrapped resulted in a public uproar demanding 
        that the ship be restored and preserved, spurred by Oliver 
        Wendell Holmes' immortal poem ``Old Ironsides''.
            (10) ``Old Ironsides'' circumnavigated the world between 
        1844 and 1846, showing the American flag as she searched for 
        future coaling stations that would eventually fuel the steam-
        powered navy of the United States.
            (11) The first Pope to set foot on United States sovereign 
        territory was Pius IX onboard the frigate Constitution in 1849.

[[Page 123 STAT. 2446]]

            (12) On April 25, 1860, ``Old Ironsides'' evacuated the 
        midshipmen of the United States Naval Academy from Annapolis, 
        Maryland, to Newport, Rhode Island, preventing the young 
        officers and the esteemed ship from falling into Confederate 
        hands.
            (13) In 1896, Congressman John F. ``Honey Fitz'' Fitzgerald 
        introduced legislation to return ``Old Ironsides'' from the 
        Portsmouth Naval Shipyard in New Hampshire, where she was moored 
        pier side and largely forgotten, to Boston for her 100th 
        birthday.
            (14) Thousands of school children contributed pennies 
        between 1925 an 1927 to help fund a much needed restoration for 
        ``Old Ironsides''.
            (15) Between 1931 and 1934, more than 4,500,000 Americans 
        gained inspiration, at the depth of the Great Depression, by 
        going aboard ``Old Ironsides'' as she was towed to 76 ports on 
        the Atlantic, Gulf, and Pacific coasts.
            (16) The 83rd Congress enacted the Act of July 23, 1954 (68 
        Stat. 527, chapter 565), which directed the Secretary of the 
        Navy to transfer to the States and appropriate commissions four 
        other historic ships then on the Navy inventory, and to repair 
        and equip the U.S.S. Constitution, as much as practicable, to 
        her original condition, but not for active service.
            (17) Queen Elizabeth II paid a formal visit to the U.S.S. 
        Constitution in 1976, at the start of her state visit marking 
        the bicentennial of the United States.
            (18) The U.S.S. Constitution, in celebration of her 
        bicentennial, returned to sea under sail on July 21, 1997, for 
        the first time since 1881, proudly setting sails purchased by 
        the contributions of thousands of pennies given by school 
        children across the United States.
            (19) The U.S.S. Constitution is the oldest commissioned 
        warship afloat in the world.
            (20) The U.S.S. Constitution is a national historic 
        landmark.
            (21) The U.S.S. Constitution continues to perform official, 
        ceremonial duties, including in recent years hosting a 
        congressional dinner honoring the late Senator John Chafee of 
        Rhode Island, a special salute for the dedication of the John 
        Moakley Federal Courthouse, a luncheon honoring British 
        Ambassador Sir David Manning, and a special underway 
        demonstration during which 60 Medal of Honor recipients each 
        received a personal Medal of Honor flag.
            (22) The U.S.S. Constitution celebrated on October 21, 2007, 
        the 210th anniversary of her launching.
            (23) The U.S.S. Constitution will remain a commissioned ship 
        in the United States Navy, with the Navy retaining control of 
        the ship, its material condition, and its employment.
            (24) The U.S.S. Constitution's primary mission will remain 
        education and public outreach, and any Ship of State functions 
        will be an adjunct to the ship's primary mission.

    (b) Designation as America's Ship of State.--
            (1) In general.--The U.S.S. Constitution is hereby 
        designated as ``America's Ship of State''.
            (2) References.--The U.S.S. Constitution may be known or 
        referred to as ``America's Ship of State''.

[[Page 123 STAT. 2447]]

            (3) Sense of congress.--It is the sense of Congress that the 
        President, Vice President, executive branch officials, and 
        members of Congress should use the U.S.S. Constitution for the 
        conducting of pertinent matters of state, such as hosting 
        visiting heads of state, signing legislation relating to the 
        Armed Forces, and signing maritime related treaties.
            (4) Fee or reimbursement structure for non-department of the 
        navy use.--The Secretary of the Navy shall determine an 
        appropriate fee or reimbursement structure for any non-
        Department of the Navy entities using the U.S.S. Constitution 
        for Ship of State purposes.
SEC. 1023. TEMPORARY REDUCTION IN MINIMUM NUMBER OF OPERATIONAL 
                          AIRCRAFT CARRIERS.

    (a) Temporary Waiver. <<NOTE: Time period.>> --Notwithstanding 
section 5062(b) of title 10, United States Code, during the period 
beginning on the date of the inactivation of the U.S.S. Enterprise (CVN-
65) scheduled, as of the date of the enactment of this Act, for fiscal 
year 2013 and ending on the date of the commissioning into active 
service of the U.S.S. Gerald R. Ford (CVN-78), the number of operational 
aircraft carriers in the naval combat forces of the Navy may be 10.

    (b) Evaluation and Report.--
            (1) Evaluation.--During fiscal year 2012, the Chairman of 
        the Joint Chiefs of Staff, in coordination with the commanders 
        of the combatant commands, shall evaluate the required postures 
        and capabilities of each of the combatant commands to assess the 
        level of increased risk that could result due to a temporary 
        reduction in the total number of operational aircraft carriers 
        following the inactivation of the U.S.S. Enterprise (CVN-65).
            (2) Report to congress.--Together with the budget materials 
        submitted to Congress by the Secretary of Defense in support of 
        the President's budget for fiscal year 2013, the Secretary of 
        Defense shall submit to the congressional defense committees a 
        report containing the findings of the evaluation conducted 
        pursuant to paragraph (1), and the basis for each such finding.
SEC. 1024. SENSE OF CONGRESS CONCERNING THE DISPOSITION OF 
                          SUBMARINE NR-1.

    (a) Findings.--Congress makes the following findings:
            (1) The Deep Submergence Vessel NR-1 (hereinafter in this 
        section referred to as ``NR-1'') was built by the Electric Boat 
        Company in Groton, Connecticut, entered service in 1969, and was 
        the only nuclear-powered research submersible in the United 
        States Navy.
            (2) NR-1 was assigned to Naval Submarine Base New London, 
        located in Groton, Connecticut, throughout her entire service 
        life.
            (3) NR-1 was inactivated in December 2008.
            (4) Due to the unique capabilities of NR-1, it conducted 
        numerous missions of significant military and scientific value 
        most notably in the fields of geological survey and 
        oceanographic research.
            (5) In 1986, NR-1 played a key role in the search for and 
        recovery of the Space Shuttle Challenger.

[[Page 123 STAT. 2448]]

            (6) The mission of the Submarine Force Library and Museum in 
        Groton, Connecticut, is to collect, preserve, and interpret the 
        history of the United States Naval Submarine Force in order to 
        honor veterans and to educate naval personnel and the public in 
        the heritage and traditions of the Submarine Force.
            (7) NR-1 is a unique and irreplaceable part of the history 
        of the Navy and the Submarine Force and an educational and 
        historical asset that should be shared with the Nation and the 
        world.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) NR-1 is a unique and irreplaceable part of the Nation's 
        history and as much of the vessel as possible should be 
        preserved for the historical and educational benefit of all 
        Americans at the Submarine Force Library and Museum in Groton, 
        Connecticut; and
            (2) the Secretary of the Navy should ensure that as much of 
        the vessel as possible, including unique components of on-board 
        equipment and clearly recognizable sections of the hull and 
        superstructure, to the full extent practicable, are made 
        available for transfer to the Submarine Force Library and 
        Museum.

  Subtitle D--Miscellaneous Requirements, Authorities, and Limitations

SEC. 1031. PROHIBITION RELATING TO PROPAGANDA.

    (a) In General.--
            (1) Prohibition.--Chapter 134 of title 10, United States 
        Code, is amended by inserting after section 2241 the following 
        new section:
``Sec. 2241a. Prohibition on use of funds for publicity or 
                    propaganda purposes within the United States

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

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

    (b) <<NOTE: 10 USC 2241a note.>> Effective Date.--Section 2241a of 
title 10, United States Code, as added by subsection (a), shall take 
effect on October 1, 2009, or the date of the enactment of this Act, 
whichever is later.
SEC. 1032. 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

[[Page 123 STAT. 2449]]

                National Executive Committee for Space-Based 
                Positioning, Navigation, and Timing,''; and
                    (B) by striking ``the Committee on Armed Services of 
                the Senate and the Committee on Armed Services of the 
                House of Representatives'' and inserting ``the 
                Committees on Armed Services and Commerce, Science, and 
                Transportation of the Senate and the Committees on Armed 
                Services, Energy and Commerce, and Transportation and 
                Infrastructure of the House of Representatives''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraph (2):

    ``(2) <<NOTE: Consultation.>> In preparing each report required 
under paragraph (1), the Deputy Secretary of Defense and the Deputy 
Secretary of Transportation, in their capacity as co-chairs of the 
National Executive Committee for Space-Based Positioning, Navigation, 
and Timing, shall consult with the Secretary of Defense, the Secretary 
of State, the Secretary of Transportation, and the Secretary of Homeland 
Security.''.

    (b) Technical Amendments.--Paragraph (1)(B)(ii) of such section is 
amended--
            (1) by inserting ``validated'' before ``performance 
        requirements''; and
            (2) by inserting ``in accordance with Office of Management 
        and Budget Circular A-109'' after ``Plan''.
SEC. 1033. REPORTS ON BANDWIDTH REQUIREMENTS FOR MAJOR DEFENSE 
                          ACQUISITION PROGRAMS AND MAJOR SYSTEM 
                          ACQUISITION PROGRAMS.

    Section 1047(d) of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4603; 10 U.S.C. 
2366b note) is amended to read as follows:
    ``(d) Formal Review Process for Bandwidth Requirements.--
            ``(1) In general.--The Secretary of Defense and the Director 
        of National Intelligence shall, as part of the Milestone B or 
        Key Decision Point B approval process for any major defense 
        acquisition program or major system acquisition program, 
        establish a formal review process to ensure that--
                    ``(A) the bandwidth requirements needed to support 
                such program are or will be met; and
                    ``(B) a determination will be made with respect to 
                how to meet the bandwidth requirements for such program.
            ``(2) Reports.--Not later than January 1 of each year, the 
        Secretary of Defense and the Director of National Intelligence 
        shall each submit to the congressional defense committees, the 
        Select Committee on Intelligence of the Senate, and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives a report on any determinations made under 
        paragraph (1) with respect to meeting the bandwidth requirements 
        for major defense acquisition programs and major system 
        acquisition programs during the preceding fiscal year.''.
SEC. 1034. ADDITIONAL DUTIES FOR ADVISORY PANEL ON DEPARTMENT OF 
                          DEFENSE CAPABILITIES FOR SUPPORT OF 
                          CIVIL AUTHORITIES AFTER CERTAIN 
                          INCIDENTS.

    (a) Additional Duties.--Section 1082(d) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
337) is amended--

[[Page 123 STAT. 2450]]

            (1) by redesignating paragraphs (7) and (8) as paragraphs 
        (9) and (10), respectively; and
            (2) by inserting after paragraph (6) the following new 
        paragraphs:
            ``(7) assess the adequacy of the process and methodology by 
        which the Department of Defense establishes and maintains 
        dedicated, special, and general purpose forces for conducting 
        operations described in paragraph (1);
            ``(8) assess the adequacy of the resources planned and 
        programmed by the Department of Defense to ensure the 
        preparedness and capability of dedicated, special, and general 
        purpose forces for conducting operations described in paragraph 
        (1);''.

    (b) Technical Amendments.--Section 1082(d) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
337) is further amended--
            (1) in paragraph (1), by striking ``in support to'' and 
        inserting ``to provide support to'';
            (2) in paragraph (2), by striking ``purposes'' and inserting 
        ``purpose''; and
            (3) in paragraph (4), by striking ``other department'' and 
        inserting ``other departments''.
SEC. 1035. <<NOTE: 50 USC 401 note.>> CHARTER FOR THE NATIONAL 
                          RECONNAISSANCE OFFICE.

     <<NOTE: Deadline.>> Not later than February 1, 2010, the Director 
of National Intelligence and the Secretary of Defense shall jointly 
submit to the congressional defense committees, the Permanent Select 
Committee on Intelligence of the House of Representatives, and the 
Select Committee on Intelligence of the Senate a revised charter for the 
National Reconnaissance Office (in this section referred to as the 
``NRO''). The charter shall include the following:
            (1) The organizational and governance structure of the NRO.
            (2) The role of the NRO in the development and generation of 
        requirements and acquisition.
            (3) The scope of the capabilities of the NRO.
            (4) The roles and responsibilities of the NRO and the 
        relationship of the NRO to other organizations and agencies in 
        the intelligence and defense communities.
SEC. 1036. NATIONAL STRATEGIC FIVE-YEAR PLAN FOR IMPROVING THE 
                          NUCLEAR FORENSIC AND ATTRIBUTION 
                          CAPABILITIES OF THE UNITED STATES.

    (a) In General. <<NOTE: President.>> --The President, with the 
participation of the officials specified in subsection (c), shall 
develop a national strategic plan for improving over a five-year period 
the nuclear forensic and attribution capabilities of the United States 
and the methods, capabilities, and capacity for nuclear materials 
forensics and attribution.

    (b) Elements.--The plan required under subsection (a) shall include 
the following:
            (1) An investment plan to support nuclear materials 
        forensics and attribution.
            (2) Recommendations with respect to--
                    (A) the allocation of roles and responsibilities for 
                pre-detonation, detonation, and post-detonation 
                activities; and

[[Page 123 STAT. 2451]]

                    (B) methods for the attribution of nuclear or 
                radiological material to the source when such material 
                is intercepted by the United States, foreign 
                governments, or international bodies or is dispersed in 
                the course of a terrorist attack or other nuclear or 
                radiological explosion.

    (c) Officials.--The officials specified in this subsection are the 
following:
            (1) The Secretary of Homeland Security.
            (2) The Secretary of Defense.
            (3) The Secretary of Energy.
            (4) The Attorney General.
            (5) The Secretary of State.
            (6) The Director of National Intelligence.
            (7) Such other officials as the President considers 
        appropriate.

    (d) Submittal to Congress. <<NOTE: Deadline.>> --Not later than 180 
days after the date of the enactment of this Act, the President shall 
submit to Congress the plan required under subsection (a).
SEC. 1037. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO 
                          PORTUGUESE NATIONALS EMPLOYED BY THE 
                          DEPARTMENT OF DEFENSE.

    (a) Authorization for Payments.--Subject to subsection (b), the 
Secretary of Defense may authorize payments to Portuguese nationals 
employed by the Department of Defense in Portugal, for the difference 
between--
            (1) the salary increases resulting from section 8002 of the 
        Department of Defense Appropriations Act, 2006 (Public Law 109-
        148; 119 Stat. 2697; 10 U.S.C. 1584 note) and section 8002 of 
        the Department of Defense Appropriations Act, 2007 (Public Law 
        109-289; 120 Stat. 1271; 10 U.S.C. 1584 note); and
            (2) salary increases supported by the Department of Defense 
        Azores Foreign National wage surveys for survey years 2006 and 
        2007.

    (b) Limitation.--The authority provided in subsection (a) may be 
exercised only if--
            (1) the wage survey methodology described in the United 
        States--Portugal Agreement on Cooperation and Defense, with 
        supplemental technical and labor agreements and exchange of 
        notes, signed at Lisbon on June 1, 1995, and entered into force 
        on November 21, 1995, is eliminated; and
            (2) the agreements and exchange of notes referred to in 
        paragraph (1) and any implementing regulations thereto are 
        revised to provide that the obligations of the United States 
        regarding annual pay increases are subject to United States 
        appropriation law governing the funding available for such 
        increases.

    (c) Authorization for Appropriation.--Of the amounts authorized to 
be appropriated under title III, not less than $240,000 is authorized to 
be appropriated for fiscal year 2010 for the purpose of the payments 
authorized by subsection (a).
SEC. 1038. <<NOTE: 10 USC 201 note.>> PROHIBITION ON INTERROGATION 
                          OF DETAINEES BY CONTRACTOR PERSONNEL.

    (a) Prohibition. <<NOTE: Effective date.>> --Except as provided in 
subsection (b), effective one year after the date of the enactment of 
this Act, no enemy prisoner of war, civilian internee, retained 
personnel, other

[[Page 123 STAT. 2452]]

detainee, or any other individual who is in the custody or under the 
effective control of the Department of Defense or otherwise under 
detention in a Department of Defense facility in connection with 
hostilities may be interrogated by contractor personnel.

    (b) Authorized Functions of Contractor Personnel.--Contractor 
personnel with proper training and security clearances may be used as 
linguists, interpreters, report writers, information technology 
technicians, and other employees filling ancillary positions, including 
as trainers of and advisors to interrogators, in interrogations of 
persons as described in subsection (a) if--
            (1) such personnel are subject to the same rules, 
        procedures, policies, and laws pertaining to detainee operations 
        and interrogations as apply to government personnel in such 
        positions in such interrogations; and
            (2) appropriately qualified and trained military or civilian 
        personnel of the Department of Defense are available to oversee 
        the contractor's performance and to ensure that contractor 
        personnel do not perform activities that are prohibited under 
        this section.

    (c) Discharge by Government Personnel. <<NOTE: Deadline.>> --The 
Secretary of Defense shall take appropriate actions to ensure that, by 
not later than one year after the date of the enactment of this Act, the 
Department of Defense has the resources needed to ensure that 
interrogations described in subsection (a) are conducted by 
appropriately qualified government personnel.

    (d) Waiver.--
            (1) Waivers authorized. <<NOTE: Time 
        periods. Determinations.>> --The Secretary of Defense may waive 
        the prohibition under subsection (a) for a period of 60 days if 
        the Secretary determines such a waiver is vital to the national 
        security interests of the United States. The Secretary may renew 
        a waiver issued pursuant to this paragraph for an additional 30-
        day period, if the Secretary determines that such a renewal is 
        vital to the national security interests of the United States.
            (2) Limitation on delegation.--
                    (A) In general.--The waiver authority under 
                paragraph (1) may not be delegated to any official below 
                the level of the Deputy Secretary of Defense, except in 
                the case of a waiver for an individual interrogation 
                that is based on military exigencies, in which case the 
                delegation of the waiver authority shall be done 
                pursuant to regulations that the Secretary of Defense 
                shall prescribe but in no instance may the latter 
                delegation be below the level of combatant commander of 
                the theater in which the individual is in the custody or 
                under the effective control of the Department of Defense 
                or otherwise under detention in a Department of Defense 
                facility within that theater.
                    (B) Deadline for regulations.--The Secretary of 
                Defense shall prescribe the regulations referred to in 
                subparagraph (A) by not later than 30 days after the 
                date of the enactment of this Act.
            (3) Congressional notification. <<NOTE: Deadline.>> --Not 
        later than five days after the Secretary issues a waiver 
        pursuant to paragraph (1), the Secretary shall submit to 
        Congress written notification of the waiver.

[[Page 123 STAT. 2453]]

SEC. 1039. NOTIFICATION AND ACCESS OF INTERNATIONAL COMMITTEE OF 
                          THE RED CROSS WITH RESPECT TO DETAINEES 
                          AT THEATER INTERNMENT FACILITY AT BAGRAM 
                          AIR BASE, AFGHANISTAN.

    (a) Notification.--The head of a military service or department that 
has custody or effective control of the Theater Internment Facility at 
Bagram Air Base, Afghanistan, or of any individual detained at such 
facility, shall, upon the detention of any such individual at such 
facility, notify the International Committee of the Red Cross (referred 
to in this section as the ``ICRC'') of such custody or effective 
control, as soon as practicable.
    (b) Access.--
            (1) ICRC access.--The head of a military service or 
        department with effective control of the Theater Internment 
        Facility at Bagram Air Base, Afghanistan, shall--
                    (A) endeavor to ensure prompt ICRC access to any 
                individual described in subsection (a) upon receipt by 
                such head of an ICRC request to visit the detainee, 
                pursuant to subsection (a); or
                    (B) if access to a such individual is temporarily 
                denied as an exceptional measure, due to reasons of 
                imperative military necessity, as soon thereafter as 
                practicable, consistent with Article 126 of the Geneva 
                Convention Relative to the Treatment of Prisoners of 
                War, done at Geneva on August 12, 1949 (6 UST 3316), but 
                normally no later than the next regularly scheduled ICRC 
                visit.
            (2) Protocols and agreements.--Such access to the individual 
        shall continue pursuant to ICRC protocols and agreements reached 
        between the ICRC and the head of a military service or 
        department with effective control over the Theater Internment 
        Facility at Bagram Air Base, Afghanistan.

    (c) Scope of Access.--The ICRC shall be provided access, in 
accordance with this section, to those physical localities within the 
Theater Internment Facility at Bagram Air Base, Afghanistan, that are 
determined to be relevant to the treatment of an individual described in 
subsection (a), including the individual's cell or room, interrogation 
facilities or rooms, hospital or related health care facilities or 
rooms, and recreation areas. The scope of access described in this 
subsection shall not be construed to apply to facilities other than the 
Theater Internment Facility at Bagram Air Base, Afghanistan.
    (d) Exception Consistent With the Geneva Convention Relative to the 
Treatment of Prisoners of War.--Consistent with Article 126 of the 
Geneva Convention Relative to the Treatment of Prisoners of War, access 
by the ICRC to a detainee as provided for in subsections (b) and (c) may 
be temporarily denied, as an exceptional measure, for reasons of 
imperative military necessity.
    (e) Construction.--Nothing in this section shall be construed to--
            (1) create or modify the authority of the United States 
        Armed Forces, the Department of Defense, a Federal law 
        enforcement agency, or the intelligence community to detain an 
        individual under existing law, as of the date of the enactment 
        of this Act; or

[[Page 123 STAT. 2454]]

            (2) limit or otherwise affect any other rights or 
        obligations which may arise under the Geneva Conventions, other 
        international agreements, or other laws, or to state all of the 
        situations under which notification to and access for the ICRC 
        is required or allowed.
SEC. 1040. <<NOTE: 10 USC 801 note.>> NO MIRANDA WARNINGS FOR AL 
                          QAEDA TERRORISTS.

    (a) No Miranda Warnings.--
            (1) In general.--Absent a court order requiring the reading 
        of such statements, no member of the Armed Forces and no 
        official or employee of the Department of Defense or a component 
        of the intelligence community (other than the Department of 
        Justice) may read to a foreign national who is captured or 
        detained outside the United States as an enemy belligerent and 
        is in the custody or under the effective control of the 
        Department of Defense or otherwise under detention in a 
        Department of Defense facility the statement required by Miranda 
        v. Arizona (384 U.S. 436 (1966)), or otherwise inform such an 
        individual of any rights that the individual may or may not have 
        to counsel or to remain silent consistent with Miranda v. 
        Arizona (384 U.S. 436 (1966)).
            (2) Nonapplicability to department of justice.--This 
        subsection shall not apply to the Department of Justice.
            (3) Definitions.--In this subsection:
                    (A) The term ``foreign national'' means an 
                individual who is not a citizen or national of the 
                United States.
                    (B) The term ``enemy belligerent'' includes a 
                privileged belligerent against the United States and an 
                unprivileged enemy belligerent, as those terms are 
                defined in section 948a of title 10, United States Code, 
                as amended by section 1802 of this Act.

    (b) Report Required on Notification of Detainees of Rights Under 
Miranda v. Arizona.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on how the reading of rights 
under Miranda v. Arizona (384 U.S. 436 (1966)) to individuals detained 
by the United States in Afghanistan may affect--
            (1) the tactical questioning of detainees at the point of 
        capture by United States Armed Forces deployed in support of 
        Operation Enduring Freedom;
            (2) post-capture theater-level interrogations and 
        intelligence-gathering activities conducted as part of Operation 
        Enduring Freedom;
            (3) the overall counterinsurgency strategy and objectives of 
        the United States for Operation Enduring Freedom;
            (4) United States military operations and objectives in 
        Afghanistan; and
            (5) potential risks to members of the Armed Forces operating 
        in Afghanistan.
SEC. 1041. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR RELEASE 
                          OF INDIVIDUALS DETAINED AT UNITED STATES 
                          NAVAL STATION, GUANTANAMO BAY, CUBA.

    (a) Release Prohibition. <<NOTE: Time period.>> --During the period 
beginning on October 1, 2009, and ending on December 31, 2010, the 
Secretary of Defense may not use any of the amounts authorized to be 
appropriated in this Act or otherwise available to the Department

[[Page 123 STAT. 2455]]

of Defense to release into the United States, its territories, or 
possessions, any individual described in subsection (e).

    (b) Transfer Limitation. <<NOTE: Time period. Deadline.>> --During 
the period beginning on October 1, 2009, and ending on December 31, 
2010, the Secretary of Defense may not use any of the amounts authorized 
to be appropriated in this Act or otherwise available to the Department 
of Defense to transfer any individual described in subsection (e) to the 
United States, its territories, or possessions, until 45 days after the 
President has submitted to the congressional defense committees the plan 
described in subsection (c).

    (c) Comprehensive Plan Required. <<NOTE: President.>> --The 
President shall submit to the congressional defense committees a plan 
for the disposition of each individual described in subsection (e) who 
is proposed to be transferred to the United States, its territories, or 
possessions. Such plan for each individual shall include, at a minimum--
            (1) an assessment of the risk that the individual described 
        in subsection (e) poses to the national security of the United 
        States, its territories, or possessions;
            (2) a proposal for the disposition of each such individual;
            (3) the measures to be taken to mitigate any risks described 
        in paragraph (1);
            (4) the location or locations at which the individual will 
        be held under the proposal for disposition required by paragraph 
        (2);
            (5) the costs associated with executing the plan, including 
        technical and financial assistance required to be provided to 
        State and local law enforcement agencies, if necessary, to carry 
        out the plan;
            (6) a summary of the consultation required in subsection 
        (d); and
            (7) a certification by the Attorney General that under the 
        plan the individual poses little or no security risk to the 
        United States, its territories, or possessions.

    (d) Consultation Required. <<NOTE: President.>> --The President 
shall consult with the chief executive of the State, the District of 
Columbia, or the territory or possession of the United States to which 
the disposition in subsection (c)(2) includes transfer to that State, 
District of Columbia, or territory or possession.

    (e) Detainees Described.--An individual described in this subsection 
is any individual who is located at United States Naval Station, 
Guantanamo Bay, Cuba, as of October 1, 2009, who--
            (1) is not a citizen of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at the United States 
                Naval Station, Guantanamo Bay, Cuba.
SEC. 1042. ADDITIONAL SUBPOENA AUTHORITY FOR THE INSPECTOR GENERAL 
                          OF THE DEPARTMENT OF DEFENSE.

    Section 8 of the Inspector General Act of 1978 (5 U.S.C. App. 8) is 
amended by adding at the end the following new subsection:
    ``(i)(1) The Inspector General of the Department of Defense is 
authorized to require by subpoena the attendance and testimony of 
witnesses as necessary in the performance of functions assigned to the 
Inspector General by this Act, except that the Inspector

[[Page 123 STAT. 2456]]

General shall use procedures other than subpoenas to obtain attendance 
and testimony from Federal employees.
    ``(2) A subpoena issued under this subsection, in the case of 
contumacy or refusal to obey, shall be enforceable by order of any 
appropriate United States district court.
    ``(3) <<NOTE: Notification. Deadline.>> The Inspector General shall 
notify the Attorney General 7 days before issuing any subpoena under 
this section.''.
SEC. 1043. <<NOTE: 10 USC 2353 note.>> LIMITATIONS ON 
                          MODIFICATIONS OF CERTAIN GOVERNMENT 
                          FURNISHED EQUIPMENT; ONE-TIME AUTHORITY 
                          TO TRANSFER CERTAIN MILITARY PROTOTYPE.

    (a) Limitation. <<NOTE: Certification.>> --An article of military 
equipment that is an end item of a major weapon system may not be 
furnished or transferred to a private entity for the conduct of 
research, development, test and evaluation under contractual agreement 
with the Department of Defense, if such research, development, test, and 
evaluation necessitates significantly modifying the military equipment, 
until the senior acquisition official of a military department, or his 
designee, submits to the congressional defense committees certification 
in writing--
            (1) that the modification of such article of military 
        equipment is necessary to execute the contractual scope of work 
        and there is no suitable alternative to modifying such article;
            (2) that the research, development, test, and evaluation 
        effort is of sufficient interest to the military department to 
        warrant the modification of such article of military equipment;
            (3) that--
                    (A) prior to the end of the period of performance of 
                such a contractual agreement, the article of military 
                equipment will be restored to its original condition; or
                    (B) it is not necessary to restore the article of 
                military equipment to its original condition because the 
                military department intends to dispose of the equipment 
                or operate the equipment in its modified form.
            (4) that the private entity has sufficient resources and 
        capability to fully perform the contractual research, 
        development, test, and evaluation; and
            (5) that the military department has--
                    (A) identified the scope of future test and 
                evaluation likely to be required prior to transition of 
                the associated technology to a program of record; and
                    (B) a plan for the conduct of such future test and 
                evaluation, including the anticipated roles and 
                responsibilities of government and the private entity, 
                as applicable.

    (b) Certification.--No military equipment that is an end item of a 
major weapons system may be transferred or furnished to a private entity 
for purposes of research and development as authorized under subsection 
(a) unless the senior officer of the military service concerned 
certifies to the congressional defense committees that such equipment is 
not essential to the defense of the United States.
    (c) <<NOTE: Pennsylvania.>> One-time Authority to Transfer.--The 
Secretary of the Navy may transfer, to Piasecki Aircraft Corporation of 
Essington, Pennsylvania (in this section referred to as ``transferee''), 
all right, title, and interest of the United States, except as otherwise 
provided in this subsection, in and to Navy aircraft N40VT (Bureau 
Number

[[Page 123 STAT. 2457]]

163283), also known as the X-49A aircraft, and associated components and 
test equipment, previously specified as Government-furnished equipment 
in contract N00019-00-C-0284. The transferee shall provide consideration 
for the transfer of such military equipment to the transferor of an 
amount not to exceed fair value, as determined, on a non-delegable 
basis, by the Secretary.

    (d) Applicable Law.--The transfer or use of military equipment is 
subject to all applicable Federal and State laws and regulations, 
including, but not limited to, the Arms Export Control Act, the Export 
Administration Act of 1979, continued under Executive Order 12924, 
International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), 
Export Administration Regulations (15 C.F.R. 730 et seq.), Foreign 
Assets Control Regulations (31 C.F.R. 500 et 13 seq.), and the Espionage 
Act.
    (e) Condition of Equipment to Be Transferred.--
            (1) As-is condition.--The military equipment transferred 
        under subsection (c) shall be transferred in its current ``as-
        is'' condition. The Secretary is not required to repair or alter 
        the condition of any military equipment before transferring any 
        interest in such equipment under subsection (c).
            (2) Spare parts or equipment.--The Secretary of the Navy is 
        not required to provide spare parts or equipment as a result of 
        the transfer authorized under subsection (c).

    (f) Transfer at No Cost to the United States.--The transfer of 
military equipment under subsection (c) shall be made at no cost to the 
United States. Any costs associated with the transfer shall be borne by 
the transferee.
    (g) Additional Terms and Conditions. <<NOTE: Contracts.>> --The 
Secretary shall require that the transfer authorized by section (c) be 
carried out by means of a written agreement and shall require, at a 
minimum, the following conditions to the transfer:
            (1) A condition stipulating that the transfer of the X-49A 
        aircraft is for the sole purpose of further development, test, 
        and evaluation of vectored thrust ducted propeller (hereinafter 
        in this section referred to as ``VTDP'') technology.
            (2) A condition providing the Government the right to 
        procure the VTDP technology demonstrated under this program at a 
        discounted cost based on the value of the X-49A aircraft and 
        associated equipment at the time of transfer, with such 
        valuation and terms determined by the Secretary.
            (3) A condition that the transferee not transfer any 
        interest in, or transfer possession of, the military equipment 
        transferred under subsection (b) to any other party without the 
        prior written approval of the Secretary.
            (4) A condition that if the Secretary determines at any time 
        that the transferee has failed to comply with a condition set 
        forth in paragraphs (1) through (3), all items referred to in 
        subsection (b) shall be transferred back to the Navy, at no cost 
        to the United States.
            (5) A condition that the transferee acknowledges sole 
        responsibility of the X-49A aircraft and associated equipment 
        and assumes all liability for operation of the X-49A aircraft 
        and associated equipment.

    (h) No Liability for the United States.--Upon the transfer of 
military equipment under subsection (b), the United States shall not be 
liable for any death, injury, loss, or damage that results

[[Page 123 STAT. 2458]]

from the use of such military equipment by any person other than the 
United States.
    (i) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with a transfer under 
subsection (b) as the Secretary considers appropriate to protect the 
interests of the United States.
    (j) Definitions.--In this subsection:
            (1) The term ``major system'' has the meaning provided in 
        section 2302 of title 10, United States Code.
            (2) The term ``contractual agreement'' includes contracts, 
        grants, cooperative agreements, and other transactions.

                     Subtitle E--Studies and Reports

SEC. 1051. REPORT ON STATUTORY COMPLIANCE OF THE REPORT ON THE 
                          2009 QUADRENNIAL DEFENSE REVIEW.

    (a) Comptroller General Report.--Not later than 90 days after the 
Secretary of Defense releases the report on the 2009 quadrennial defense 
review, the Comptroller General shall submit to the congressional 
defense committees and to the Secretary of Defense a report on the 
degree to which the report on the 2009 quadrennial defense review 
addresses each of the items required by subsection (d) of section 118 of 
title 10, United States Code.
    (b) Secretary of Defense Report. <<NOTE: Determination.>> --If the 
Comptroller General determines that the report on the 2009 quadrennial 
defense review fails to directly address items required by subsection 
(d) of section 118 of such title, the Secretary of Defense shall submit 
to the congressional defense committees a report directly addressing 
those items not later than 30 days after the submission of the report by 
the Comptroller General required by paragraph (1).
SEC. 1052. REPORT ON THE FORCE STRUCTURE FINDINGS OF THE 2009 
                          QUADRENNIAL DEFENSE REVIEW.

    (a) Report Requirement. <<NOTE: Classified information.>> --
Concurrent with the delivery of the report on the 2009 quadrennial 
defense review required by section 118 of title 10, United States Code, 
the Secretary of Defense shall submit to the congressional defense 
committees a report with a classified annex containing--
            (1) the analyses used to determine and support the findings 
        on force structure required by such section; and
            (2) a description of any changes from the previous 
        quadrennial defense review to the minimum military requirements 
        for major military capabilities.

    (b) Major Military Capabilities Defined.--In this section, the term 
``major military capabilities'' includes any capability the Secretary 
determines to be a major military capability, any capability discussed 
in the report of the 2006 quadrennial defense review, and any capability 
described in paragraph (9) or (10) of section 118(d) of title 10, United 
States Code.
SEC. 1053. ANNUAL REPORT ON THE ELECTRONIC WARFARE STRATEGY OF THE 
                          DEPARTMENT OF DEFENSE.

    (a) Annual Report Required.--At the same time as the President 
submits to Congress the budget under section 1105(a) of title 31, United 
States Code, for each of fiscal years 2011 through 2015, the Secretary 
of Defense, in coordination with the Chairman of the Joint Chiefs of 
Staff and the Secretary of each of the military

[[Page 123 STAT. 2459]]

departments, shall submit to the congressional defense committees an 
annual report on the electronic warfare strategy of the Department of 
Defense.
    (b) Contents of Report.--Each report required under subsection (a) 
shall include each of the following:
            (1) A description and overview of--
                    (A) the electronic warfare strategy of the 
                Department of Defense;
                    (B) how such strategy supports the National Defense 
                Strategy; and
                    (C) the organizational structure assigned to oversee 
                the development of the Department's electronic warfare 
                strategy, requirements, capabilities, programs, and 
                projects.
            (2) A list of all the electronic warfare acquisition 
        programs and research and development projects of the Department 
        of Defense and a description of how each program or project 
        supports the Department's electronic warfare strategy.
            (3) For each unclassified program or project on the list 
        required by paragraph (2)--
                    (A) the senior acquisition executive and 
                organization responsible for oversight of the program or 
                project;
                    (B) whether or not validated requirements exist for 
                the program or project and, if such requirements do 
                exist, the date on which the requirements were validated 
                and the organizational authority that validated such 
                requirements;
                    (C) the total amount of funding appropriated, 
                obligated, and forecasted by fiscal year for the program 
                or project, including the program element or procurement 
                line number from which the program or project receives 
                funding;
                    (D) the development or procurement schedule for the 
                program or project;
                    (E) an assessment of the cost, schedule, and 
                performance of the program or project as it relates to 
                the program baseline for the program or project, as of 
                the date of the submission of the report, and the 
                original program baseline for such program or project, 
                if such baselines are not the same;
                    (F) the technology readiness level of each critical 
                technology that is part of the program or project;
                    (G) whether or not the program or project is 
                redundant or overlaps with the efforts of another 
                military department; and
                    (H) the capability gap that the program or project 
                is being developed or procured to fulfill.
            (4) A classified annex that contains the items described in 
        subparagraphs (A) through (H) of paragraph (3) for each 
        classified program or project on the list required by paragraph 
        (2).
SEC. 1054. STUDY ON A SYSTEM FOR CAREER DEVELOPMENT AND MANAGEMENT 
                          OF INTERAGENCY NATIONAL SECURITY 
                          PROFESSIONALS.

    (a) Study Required.--

[[Page 123 STAT. 2460]]

            (1) Designation of executive agency. <<NOTE: President.>> --
        Not later than 30 days after the date of the enactment of this 
        Act, the President shall designate an Executive agency to 
        commission a study of the matters described in subsection (b) by 
        an appropriate independent, nonprofit organization. The 
        designated Executive agency shall select the organization and 
        commission the study not later than 90 days after the date of 
        the enactment of this Act.
            (2) Qualifications of organization selected.--The 
        organization selected shall be qualified on the basis of having 
        performed related work in the fields of national security and 
        human capital development, and on the basis of such other 
        criteria as the head of the designated Executive agency may 
        determine.

    (b) Matters to Be Examined.--The study required by subsection (a) 
shall examine matters pertaining to a system for the development and 
management of interagency national security professionals including, at 
a minimum, the following:
            (1) Professional development.--The skills, education, 
        training, and professional experiences desired in interagency 
        national security professionals at various career stages, as 
        well as the feasibility, benefits, and costs of developing a 
        pool of personnel necessary to enable interagency national 
        security professionals to undertake such professional 
        development opportunities.
            (2) Coordination.--Procedures for ensuring appropriate 
        consistency and coordination among participating Executive 
        agencies, such as methods for identifying positions and 
        personnel that should be included in the system, and 
        coordination of treatment in personnel and human resource 
        systems, including performance review and promotion policies.
            (3) Funding.--Potential mechanisms for funding an 
        interagency national security professional development program.
            (4) Military and state and local government personnel.--The 
        feasibility of integrating, coordinating, or supplementing the 
        systems and requirements regarding experience and education for 
        military officers with an interagency national security 
        professional system, as well as potential means of, and benefits 
        and drawbacks of, including State and local government 
        organizations and personnel in the system.
            (5) Incentives to participate.--Incentives and requirements 
        that could be implemented to encourage personnel and 
        organizations to fully participate in the system across various 
        career levels.
            (6) Current efforts.--The effectiveness of, and lessons 
        learned from, major current efforts at developing interagency 
        national security professionals.

    (c) Report.--A report containing the findings and recommendations 
resulting from the study required by subsection (a), together with any 
views or recommendations of the President, shall be submitted to 
Congress not later than December 1, 2010.
    (d) Definitions.--In this section:
            (1) The term ``Executive agency'' has the meaning given such 
        term by section 105 of title 5, United States Code.
            (2) The term ``employee'' has the meaning given such term by 
        section 2105 of title 5, United States Code.

[[Page 123 STAT. 2461]]

            (3) The term ``interagency national security professional'' 
        means an employee of an Executive agency who plans, coordinates, 
        or participates in activities relating to the national security 
        of the United States that require significant interaction and 
        engagement with other Executive agencies.
SEC. 1055. <<NOTE: 50 USC 2371.>> REPORT ON NUCLEAR ASPIRATIONS OF 
                          NON-STATE ENTITIES, NUCLEAR WEAPONS AND 
                          RELATED PROGRAMS IN NON-NUCLEAR-WEAPONS 
                          STATES AND COUNTRIES NOT PARTIES TO THE 
                          NUCLEAR NON-PROLIFERATION TREATY, AND 
                          CERTAIN FOREIGN PERSONS.

    (a) In General.--The Director of National Intelligence shall 
biennially submit to the congressional defense committees, the Select 
Committee on Intelligence of the Senate, and the Permanent Select 
Committee on Intelligence of the House of Representatives a report--
            (1) on the nuclear weapons programs and any related programs 
        of countries that are non-nuclear-weapons state parties to the 
        Treaty on Non-Proliferation of Nuclear Weapons, done at 
        Washington, London, and Moscow July 1, 1968, and entered into 
        force March 5, 1970 (commonly known as the ``Nuclear Non-
        Proliferation Treaty'') and countries that are not parties to 
        the Treaty;
            (2) on the nuclear weapons aspirations of such non-state 
        entities as the Director considers appropriate to include in the 
        report; and
            (3) that identifies each foreign person that, during the 
        period covered by the report, made a material contribution to 
        the research, development, production, or acquisition by a 
        country of proliferation concern of--
                    (A) weapons of mass destruction (including nuclear 
                weapons, chemical weapons, or biological weapons); or
                    (B) ballistic or cruise missile systems.

    (b) Elements.--The report required under subsection (a) shall 
include, with respect to each country described in subsection (a)(1) and 
each non-state entity referred to in subsection (a)(2), the following:
            (1) A statement of the number of nuclear weapons possessed 
        by such country or non-state entity.
            (2) An estimate of the total number of nuclear weapons that 
        such country or non-state entity seeks to obtain and, in the 
        case of such non-state entity, an assessment of the extent to 
        which such non-state entity is seeking to develop a nuclear 
        weapon or device or radiological dispersion device.
            (3) A description of the technical characteristics of any 
        nuclear weapons possessed by such country or non-state entity.
            (4) A description of nuclear weapons designs available to 
        such country or non-state entity.
            (5) A description of any sources of assistance with respect 
        to nuclear weapons design provided to or by such country or non-
        state entity and, in the case of assistance provided by such 
        country or non-state entity, a description of to whom such 
        assistance was provided.
            (6) An assessment of the annual capability of such country 
        and non-state entity to produce new or newly designed nuclear 
        weapons.

[[Page 123 STAT. 2462]]

            (7) A description of the type of fissile materials used in 
        any nuclear weapons possessed by such country or non-state 
        entity.
            (8) An description of the location and production capability 
        of any fissile materials production facilities in such country 
        or controlled by such non-state entity, the current status of 
        any such facilities, and any plans by such country or non-state 
        entity to develop such facilities.
            (9) An identification of the source of any fissile materials 
        used by such country or non-state entity, if such materials are 
        not produced in facilities referred to in paragraph (8).
            (10) An assessment of the intentions of such country or non-
        state entity to leverage civilian nuclear capabilities for a 
        nuclear weapons program.
            (11) A description of any delivery systems available to such 
        country or non-state entity and an assessment of whether nuclear 
        warheads have been mated, or there are plans for such warheads 
        to be mated, to any such delivery system.
            (12) An assessment of the physical security of the storage 
        facilities for nuclear weapons in such country or controlled by 
        such non-state entity.
            (13) An assessment of whether such country is modernizing or 
        otherwise improving the safety, security, and reliability of the 
        nuclear weapons stockpile of such country.
            (14) An assessment of the industrial capability and capacity 
        of such country or non-state entity to produce nuclear weapons.
            (15) In the case of a country, an assessment of the policy 
        of such country on the employment and use of nuclear weapons.

    (c) References to Other Reports.--Each report submitted under 
subsection (a) shall include a copy of any other report that is 
incorporated by reference into the report submitted under subsection 
(a).
    (d) Unclassified Summary.--Each report submitted under subsection 
(a) shall include an unclassified summary of such report.
    (e) Submittal to Congress.--
            (1) In general.--Except as provided in paragraph (2), the 
        Director of National Intelligence shall submit to the 
        congressional defense committees, the Select Committee on 
        Intelligence of the Senate, and the Permanent Select Committee 
        on Intelligence of the House of Representatives the first report 
        required under subsection (a) by not later than September 1, 
        2010.
            (2) Notification of delay in 
        submittal. <<NOTE: Determination.>> --If the Director of 
        National Intelligence determines that it will not be possible 
        for the Director to submit the first report required under 
        subsection (a) by September 1, 2010, the Director shall, not 
        later than August 1, 2010, submit to the committees specified in 
        paragraph (1) a notice--
                    (A) that such report will not be submitted by 
                September 1, 2010; and
                    (B) setting forth the date by which the Director 
                will submit such report.

    (f) <<NOTE: Repeal.>> Conforming Amendment.--Section 722 of the 
Combating Proliferation of Weapons of Mass Destruction Act of 1996 (50 
U.S.C. 2369) is repealed.

    (g) Definitions.--In this section:
            (1) Foreign person.--The term ``foreign person'' means any 
        of the following:

[[Page 123 STAT. 2463]]

                    (A) A natural person who is not a citizen of the 
                United States.
                    (B) A corporation, business association, 
                partnership, society, trust, or other nongovernmental 
                entity, organization, or group that is organized under 
                the laws of a foreign country or has its principal place 
                of business in a foreign country.
                    (C) Any foreign government or foreign governmental 
                entity operating as a business enterprise or in any 
                other capacity.
                    (D) Any successor, subunit, or subsidiary of any 
                entity described in subparagraph (B) or (C).
            (2) Country of proliferation concern.--The term ``country of 
        proliferation concern'' means any country identified by the 
        Director of Central Intelligence as having engaged in the 
        acquisition of dual-use and other technology useful for the 
        development or production of weapons of mass destruction 
        (including nuclear weapons, chemical weapons, and biological 
        weapons) or advanced conventional munitions--
                    (A) in the most recent report under section 721 of 
                the Combating Proliferation of Weapons of Mass 
                Destruction Act of 1996 (50 U.S.C. 2366); or
                    (B) in any successor report on the acquisition by 
                foreign countries of dual-use and other technology 
                useful for the development or production of weapons of 
                mass destruction.
SEC. 1056. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE 
                          SPENDING IN FINAL FISCAL QUARTERS.

    (a) Review of Spending by the Comptroller General.--The Comptroller 
General shall conduct a review of obligations incurred by the Department 
of Defense in the final quarter each covered fiscal year, as compared to 
the obligations so incurred in the first three quarters of that fiscal 
year, to determine if policies with respect to financial execution by 
the Department contribute to hastened year-end spending and poor use or 
waste of taxpayer dollars. Such review shall include both one-year and 
multi-year appropriations for each covered fiscal year.
    (b) Covered Fiscal Years.--For purposes of this section, a covered 
fiscal year is fiscal year 2006, 2007, 2008, or 2009.
    (c) Report.--Not later than March 31, 2010, the Comptroller General 
shall submit to the Committees on Armed Services of the Senate and House 
of Representatives a report containing--
            (1) the results of the review conducted under subsection 
        (a); and
            (2) any recommendations of the Comptroller General with 
        respect to improving the policies pursuant to which amounts 
        appropriated to the Department of Defense are obligated and 
        expended in the final quarter of a fiscal year.
SEC. 1057. REPORT ON AIR AMERICA.

    (a) Definitions.--In this section:
            (1) Air america.--The term ``Air America'' means Air 
        America, Incorporated.
            (2) Associated company.--The term ``associated company'' 
        means any entity associated with, predecessor to, or subsidiary 
        to Air America, including Air Asia Company Limited, CAT 
        Incorporated, Civil Air Transport Company Limited, and the 
        Pacific Division of Southern Air Transport, during the period

[[Page 123 STAT. 2464]]

        when such an entity was owned and controlled by the United 
        States Government.

    (b) Report on Retirement Benefits for Former Employees of Air 
America.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of National Intelligence 
        shall submit to Congress a report on the advisability of 
        providing Federal retirement benefits to United States citizens 
        for the service of such citizens prior to 1977 as employees of 
        Air America or an associated company during a period when Air 
        America or the associated company was owned or controlled by the 
        United States Government and operated or managed by the Central 
        Intelligence Agency.
            (2) Report elements.--The report required by paragraph (1) 
        shall include the following:
                    (A) The history of Air America and the associated 
                companies prior to 1977, including a description of--
                          (i) the relationship between Air America and 
                      the associated companies and the Central 
                      Intelligence Agency or any other element of the 
                      United States Government;
                          (ii) the workforce of Air America and the 
                      associated companies;
                          (iii) the missions performed by Air America, 
                      the associated companies, and their employees for 
                      the United States; and
                          (iv) the casualties suffered by employees of 
                      Air America and the associated companies in the 
                      course of their employment.
                    (B) A description of--
                          (i) the retirement benefits contracted for or 
                      promised to the employees of Air America and the 
                      associated companies prior to 1977;
                          (ii) the contributions made by such employees 
                      for such benefits;
                          (iii) the retirement benefits actually paid 
                      such employees;
                          (iv) the entitlement of such employees to the 
                      payment of future retirement benefits; and
                          (v) the likelihood that such employees will 
                      receive any future retirement benefits.
                    (C) An assessment of the difference between--
                          (i) the retirement benefits that former 
                      employees of Air America and the associated 
                      companies have received or will receive by virtue 
                      of their employment with Air America and the 
                      associated companies; and
                          (ii) the retirement benefits that such 
                      employees would have received or be eligible to 
                      receive if such employment was deemed to be 
                      employment by the United States Government and 
                      their service during such employment was credited 
                      as Federal service for the purpose of Federal 
                      retirement benefits.
                    (D)(i) Any recommendations regarding the 
                advisability of legislative action to treat such 
                employment as Federal service for the purpose of Federal 
                retirement benefits in light of the relationship between 
                Air America and the associated companies and the United 
                States Government and

[[Page 123 STAT. 2465]]

                the services and sacrifices of such employees to and for 
                the United States.
                    (ii) If legislative action is considered advisable 
                under clause (i), a proposal for such action and an 
                assessment of its costs.
                    (E) The opinions of the Director of the Central 
                Intelligence Agency, if any, on any matters covered by 
                the report that the Director of the Central Intelligence 
                Agency considers appropriate.
            (3) Assistance of comptroller general.--The Comptroller 
        General of the United States shall, upon the request of the 
        Director of National Intelligence and in a manner consistent 
        with the protection of classified information, assist the 
        Director in the preparation of the report required by paragraph 
        (1).
            (4) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
SEC. 1058. REPORT ON DEFENSE TRAVEL SIMPLIFICATION.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report setting forth a comprehensive plan to simplify Department of 
Defense travel procedures.
    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) A comprehensive discussion of aspects of the Department 
        of Defense travel procedures that are most confusing, 
        inefficient, and in need of revision.
            (2) A critical review of opportunities to streamline and 
        simplify defense travel policies and to reduce travel-related 
        costs to the Department of Defense.
            (3) A discussion of any actions to incorporate permanent 
        duty travel that are being undertaken by the Secretary of 
        Defense as of the date of the enactment of this Act.
            (4) A plan to gather data on the number of manual temporary 
        duty vouchers processed by the Department of Defense.
            (5) Options to leverage industry capabilities and 
        technologies that could enhance management responsiveness to 
        changing markets.
            (6) A discussion of pilot programs that the Secretary of 
        Defense could carry out to demonstrate the merit of improvements 
        identified pursuant to preparing the report required by this 
        section, including a discussion of--
                    (A) recommendations for legislative authority; and
                    (B) how the systems developed for purposes of such a 
                pilot program would interact with the automated Defense 
                Travel System in effect as of the date of the enactment 
                of this Act.
            (7) Such recommendations and an implementation plan for 
        legislative or administrative action as the Secretary of Defense 
        considers appropriate to improve defense travel.
SEC. 1059. REPORT ON MODELING AND SIMULATION TECHNOLOGICAL AND 
                          INDUSTRIAL BASE.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, working

[[Page 123 STAT. 2466]]

through the Director for Defense Research and Engineering, the Deputy 
Under Secretary of Defense for Industrial Policy, the Commander of the 
United States Joint Forces Command, and other appropriate organizations, 
shall submit to the congressional defense committees a report that 
describes current and planned efforts to support and enhance the defense 
modeling and simulation technological and industrial base, including in 
academia, industry, and government.
    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) An assessment of the current and future domestic defense 
        modeling and simulation technological and industrial base and 
        its ability to meet current and future defense requirements.
            (2) A description of current and planned programs and 
        activities of the Department of Defense to enhance the ability 
        of the domestic defense modeling and simulation technological 
        and industrial base to meet current and future defense 
        requirements.
            (3) A description of current and planned Department of 
        Defense activities in cooperation with Federal, State, and local 
        government organizations that promote the enhancement of the 
        ability of the domestic defense modeling and simulation 
        technological and industrial base to meet current and future 
        defense requirements.
            (4) A comparative assessment of current and future global 
        modeling and simulation capabilities relative to those of the 
        United States in areas related to defense applications of 
        modeling and simulation.
            (5) An identification of additional authorities or resources 
        related to technology transfer, establishment of public-private 
        partnerships, coordination with regional, State, or local 
        initiatives, or other activities that would be required to 
        enhance efforts to support the domestic defense modeling and 
        simulation technological and industrial base.
            (6) Other matters as determined appropriate by the 
        Secretary.
SEC. 1060. REPORT ON ENABLING CAPABILITIES FOR SPECIAL OPERATIONS 
                          FORCES.

    (a) Report Required.--Not later than 270 days after the date of the 
enactment of this Act, the Commander of the United States Special 
Operations Command, jointly with the commanders of the combatant 
commands and the Chief of Staff of the Army, the Chief of Naval 
Operations, the Chief of Staff of the Air Force, and the Commandant of 
the Marine Corps shall submit to the Secretary of Defense and the 
Chairman of the Joint Chiefs of Staff a report on the availability of 
enabling capabilities to support special operations forces requirements.
    (b) Matters To Be Included.--The report required under subsection 
(a) shall include the following:
            (1) An identification of the requirements for enabling 
        capabilities for conventional forces and special operations 
        forces globally, including current and projected needs in Iraq, 
        Afghanistan, and other theaters of operation.

[[Page 123 STAT. 2467]]

            (2) A description of the processes used to prioritize and 
        allocate enabling capabilities to meet the mission requirements 
        of conventional forces and special operations forces.
            (3) An identification and description of any shortfalls in 
        enabling capabilities for special operations forces by function, 
        region, and quantity, as determined by the Commander of the 
        United States Special Operations Command and the commanders of 
        the geographic combatant commands.
            (4) An assessment of the current inventory of these enabling 
        capabilities within the military departments and components and 
        the United States Special Operations Command.
            (5) An assessment of whether there is a need to create 
        additional enabling capabilities by function and quantity.
            (6) An assessment of the merits of creating additional 
        enabling units, by type and quantity--
                    (A) within the military departments; and
                    (B) within the United States Special Operations 
                Command.
            (7) Recommendations for meeting the current and future 
        enabling force requirements of the United States Special 
        Operations Command, including an assessment of the increases in 
        endstrength, equipment, funding, and military construction that 
        would be required to support these recommendations.
            (8) Any other matters the Commander of the United States 
        Special Operations Command, the commanders of the combatant 
        commands, and the Chief of Staff of the Army, the Chief of Naval 
        Operations, the Chief of Staff of the Air Force, and the 
        Commandant of the Marine Corps consider useful and relevant.

    (c) Report to Congress.--Not later than 30 days after receiving the 
report required under subsection (a), the Secretary of Defense shall 
forward the report to the congressional defense committees with any 
additional comments the Secretary considers appropriate.
SEC. 1061. ADDITIONAL MEMBERS AND DUTIES FOR THE INDEPENDENT PANEL 
                          TO ASSESS THE QUADRENNIAL DEFENSE 
                          REVIEW.

    (a) Additional Members.--
            (1) In general.--For purposes of conducting the assessment 
        of the 2009 quadrennial defense review under section 118 of 
        title 10, United States Code (in this section referred to as the 
        ``2009 QDR''), the independent panel established under 
        subsection (f) of such section (in this section referred to as 
        the ``Panel'') shall include eight additional members as 
        follows:
                    (A) Two appointed by the chairman of the Committee 
                on Armed Services of the House of Representatives.
                    (B) Two appointed by the chairman of the Committee 
                on Armed Services of the Senate.
                    (C) Two appointed by the ranking member of the 
                Committee on Armed Services of the House of 
                Representatives.
                    (D) Two appointed by the ranking member of the 
                Committee on Armed Services of the Senate.
            (2) Period of appointment; vacancies.--Members of the Panel 
        appointed under paragraph (1) shall be appointed for the life of 
        the Panel. Any vacancy in an appointment to the

[[Page 123 STAT. 2468]]

        Panel under paragraph (1) shall be filled in the same manner as 
        the original appointment.

    (b) Additional Duties.--In addition to the duties of the Panel under 
section 118(f) of title 10, United States Code, the Panel shall, with 
respect to the 2009 QDR--
            (1) review the Secretary of Defense's terms of reference, 
        and any other materials providing the basis for, or substantial 
        inputs to, the work of the Department of Defense on the 2009 
        QDR;
            (2) conduct an assessment of the assumptions, strategy, 
        findings, and risks in the report of the Secretary of Defense on 
        the 2009 QDR, with particular attention paid to the risks 
        described in that report;
            (3) conduct an independent assessment of a variety of 
        possible force structures for the Armed Forces, including the 
        force structure identified in the report of the Secretary of 
        Defense on the 2009 QDR; and
            (4) review the resource requirements identified in the 2009 
        QDR pursuant to section 118(b)(3) of title 10, United States 
        Code, and, to the extent practicable, make a general comparison 
        of such resource requirements with the resource requirements to 
        support the forces contemplated under the force structures 
        assessed under paragraph (3).

    (c) Reports.--
            (1) Initial report of panel.--The report on the 2009 QDR 
        that is submitted to Congress pursuant to section 118(f)(2) of 
        title 10, United States Code, shall include, in addition to any 
        other matters required by such section, the interim findings of 
        the Panel with respect to the matters specified in subsection 
        (b).
            (2) Final report of panel.--Not later than July 15, 2010, 
        the Panel shall submit to the Secretary of Defense, and to the 
        congressional defense committees, the final report of the Panel 
        on the matters specified in subsection (b). The report shall 
        include such recommendations on such matters as the Panel 
        considers appropriate.
            (3) Report of secretary of defense.--Not later than August 
        15, 2010, the Secretary of Defense shall, after consultation 
        with the Chairman of the Joint Chiefs of Staff, submit to the 
        congressional defense committees a report setting forth the 
        Secretary's response to the final report of the Panel under 
        paragraph (2).

    (d) Termination of Panel.--The Panel shall terminate 45 days after 
the date on which the Panel submits its final report under subsection 
(c)(2).
SEC. 1062. <<NOTE: 10 USC 2302 note.>> CONGRESSIONAL EARMARKS 
                          RELATING TO THE DEPARTMENT OF DEFENSE.

    (a) Report on Recurring Earmarks.--
            (1) Report required.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees a report 
        regarding covered earmarks.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) An identification of each covered earmark that 
                has been included in a national defense authorization 
                Act

[[Page 123 STAT. 2469]]

                for three or more consecutive fiscal years as of the 
                date of the enactment of this Act.
                    (B) A description of the extent to which competitive 
                or merit-based procedures were used to award funding, or 
                to enter into a contract, grant, or other agreement, 
                pursuant to each covered earmark.
                    (C) An identification of the specific contracting 
                vehicle used for each covered earmark.
                    (D) In the case of any covered earmark for which 
                competitive or merit-based procedures were not used to 
                award funding, or to enter into the contract, grant, or 
                other agreement, a statement of the reasons competitive 
                or merit-based procedures were not used.

    (b) DoD Inspector General Audit of Congressional Earmarks.--The 
Inspector General of the Department of Defense shall conduct an audit of 
contracts, grants, or other agreements pursuant to congressional 
earmarks of Department of Defense funds to determine whether or not the 
recipients of such earmarks are complying with requirements of Federal 
law on the use of appropriated funds to influence, whether directly or 
indirectly, congressional action on any legislation or appropriation 
matter pending before Congress.
    (c) Definitions.--In this section:
            (1) The term ``congressional earmark'' means any 
        congressionally directed spending item (Senate) or congressional 
        earmark (House of Representatives) on a list published in 
        compliance with rule XLIV of the Standing Rules of the Senate or 
        rule XXI of the Rules of the House of Representatives.
            (2) The term ``covered earmark'' means any congressional 
        earmark identified in the joint explanatory statement to 
        accompany the Duncan Hunter National Defense Authorization Act 
        for Fiscal Year 2009 (Public Law 110-417) that was printed in 
        the Congressional Record on September 23, 2008.
            (3) The term ``national defense authorization Act'' means an 
        Act authorizing funds for a fiscal year for the military 
        activities of the Department of Defense, and for other purposes.
SEC. 1063. <<NOTE: 10 USC 113 note.>> REPORT ON BASING PLANS FOR 
                          CERTAIN UNITED STATES GEOGRAPHIC 
                          COMBATANT COMMANDS.

    (a) Report Requirement.--Concurrent with the delivery of the report 
on the 2009 quadrennial defense review required by section 118 of title 
10, United States Code, the Secretary of Defense shall submit to the 
congressional defense committees a report on the plan for basing of 
forces outside the United States.
    (b) Matters Covered.--The report required under subsection (a) shall 
contain a description of--
            (1) how the plan supports the United States national 
        security strategy;
            (2) how the plan supports the security commitments 
        undertaken by the United States pursuant to any international 
        security treaty, including the North Atlantic Treaty, the Treaty 
        of Mutual Cooperation and Security between the United States and 
        Japan, and the Security Treaty Between Australia, New Zealand, 
        and the United States of America;
            (3) how the plan addresses the current security environment 
        in each geographic combatant command's area of responsibility, 
        including United States participation in theater security

[[Page 123 STAT. 2470]]

        cooperation activities and bilateral partnership, exchanges, and 
        training exercises;
            (4) the impact that a permanent change in the basing of a 
        unit currently stationed outside the United States would have on 
        the matters described in paragraphs (1) through (3);
            (5) the impact the plan will have on the status of overseas 
        base closure and realignment actions undertaken as part of a 
        global defense posture realignment strategy and the status of 
        development and execution of comprehensive master plans for 
        overseas military main operating bases, forward operating sites, 
        and cooperative security locations of the global defense posture 
        of the United States;
            (6) any recommendations for additional closures or 
        realignments of military installations outside of the United 
        States; and
            (7) any comments resulting from an interagency review of the 
        plan that includes the Department of State and other relevant 
        Federal departments and agencies.

    (c) Notification Requirement.--The Secretary of Defense shall notify 
Congress at least 30 days before the permanent relocation of a unit 
stationed outside the United States as of the date of the enactment of 
this Act.
    (d) Definitions.--In this section:
            (1) Unit.--The term ``unit'' has the meaning determined by 
        the Secretary of Defense for purposes of this section.
            (2) Geographic combatant command.--For purposes of this 
        section, the term ``geographic combatant command'' means a 
        combatant command with a geographic area of responsibility that 
        does not include North America.

                        Subtitle F--Other Matters

SEC. 1071. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS FOR 
                          COMBATING TERRORISM.

    Section 127b(c)(3)(C) of title 10, United States Code, is amended by 
striking ``2009'' and inserting ``2010''.
SEC. 1072. 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--

[[Page 123 STAT. 2471]]

                          ``(i) the business process to be supported by 
                      the defense business system modernization will be 
                      as streamlined and efficient as practicable; and
                          ``(ii) the need to tailor commercial-off-the-
                      shelf systems to meet unique requirements or 
                      incorporate unique interfaces has been eliminated 
                      or reduced to the maximum extent practicable;'';
                    (C) in paragraph (2), as redesignated by 
                subparagraph (A) of this subsection, by striking 
                subparagraph (A) and inserting the following new 
                subparagraph (A):
                    ``(A) has been determined by the appropriate chief 
                management officer to be in compliance with the 
                requirements of paragraph (1);''; and
                    (D) in paragraph (3), as redesignated by 
                subparagraph (A) of this paragraph, by striking ``the 
                certification by the approval authority is'' and 
                inserting ``the certification by the approval authority 
                and the determination by the chief management officer 
                are''; and
            (2) in subsection (f)--
                    (A) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively;
                    (B) by inserting ``(1)'' before ``The Secretary of 
                Defense'';
                    (C) in subparagraph (E) of paragraph (1), as 
                designated by this paragraph, by striking ``paragraphs 
                (1) through (4)'' and inserting ``subparagraphs (A) 
                through (D)''; and
                    (D) by adding at the end the following new paragraph 
                (2):

    ``(2) For purposes of subsection (a), the appropriate chief 
management officer for a defense business system modernization is as 
follows:
            ``(A) In the case of an Army program, the Chief Management 
        Officer of the Army.
            ``(B) In the case of a Navy program, the Chief Management 
        Officer of the Navy.
            ``(C) In the case of an Air Force program, the Chief 
        Management Officer of the Air Force.
            ``(D) In the case of a program of a Defense Agency, the 
        Deputy Chief Management Officer of the Department of Defense.
            ``(E) In the case of a program that will support the 
        business processes of more than one military department or 
        Defense Agency, the Deputy Chief Management Officer of the 
        Department of Defense.''.

    (b) Ongoing Programs.--
            (1) In general. <<NOTE: Deadline. Review. 10 USC 2222 
        note.>> --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

[[Page 123 STAT. 2472]]

                    (B) the need to tailor commercial-off-the-shelf 
                systems to meet unique requirements or incorporate 
                unique interfaces has been eliminated or reduced to the 
                maximum extent practicable.
            (2) Action on finding of lack of reengineering efforts.--If 
        the appropriate chief management officer determines that 
        appropriate business process reengineering efforts have not been 
        undertaken with regard to a defense business system 
        modernization as described in paragraph (1), that chief 
        management officer--
                    (A) <<NOTE: Plan.>> 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. 1073. TECHNICAL AND CLERICAL AMENDMENTS.

    (a) Title 10, United States Code.--Title 10, United States Code, is 
amended as follows:
            (1) The table of chapters at the beginning of subtitle A is 
        amended--
                    (A) in the item relating to chapter 81, by striking 
                ``1581'' and inserting ``1580''; and
                    (B) in the item relating to chapter 152, by striking 
                ``2541'' and inserting ``2551''.
            (2) Section 118(g) is amended by striking ``the date of the 
        enactment of the National Defense Authorization Act for Fiscal 
        Year 2008'' in paragraphs (1) and (2) and inserting ``January 
        28, 2008,''.
            (3) Section 184(b)(3) is amended by striking ``the date of 
        the enactment of this section'' and inserting ``October 17, 
        2006''.
            (4) Section 438 at the end of subchapter I of chapter 21 is 
        redesignated as section 428.
            (5) The item relating to section 438 in the table of 
        sections at the beginning of subchapter I of chapter 21 is 
        redesignated as section 428.
            (6) Section 490(b)(1) is amended by striking ``180 days 
        after date of the enactment of this section, and every even-
        numbered year thereafter'' and inserting ``July 28 of every 
        even-numbered year''.
            (7) The table of chapters at the beginning of part II of 
        subtitle A is amended by striking ``1581'' in the item relating 
        to chapter 81 and inserting ``1580''.
            (8) Section 992(b)(4) is amended by striking the period 
        after ``under this section''.
            (9) Section 1074f(f)(3) is amended by striking 
        ``continency'' and inserting ``contingency''.

[[Page 123 STAT. 2473]]

            (10) Section 1074g(f) is amended by striking ``on or after 
        the date of the enactment of the National Defense Authorization 
        Act for Fiscal Year 2008'' and inserting ``after January 28, 
        2008''.
            (11) The section heading for section 1076d is amended by 
        striking ``standard'' and inserting ``Standard''.
            (12) Section 1079(f)(2)(B) is amended by striking the period 
        after ``year''.
            (13) Section 1142(b) is amended--
                    (A) in paragraph (4)(C), by striking ``the Troops-
                to-Teachers Program Act of 1999 (20 U.S.C. 9301 et 
                seq.)'' and inserting ``the Troops-to-Teachers Program 
                under section 2302 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6672)''; and
                    (B) in paragraph (15), by striking ``federal'' both 
                places it appears and inserting ``Federal''.
            (14) Section 1175a(h)(1) is amended by striking 
        ``qualities'' and inserting ``qualifies''.
            (15) Section 1408(h)(2) is amended by striking ``and'' at 
        the end of subparagraph (A).
            (16) The heading of section 1567 is amended to read as 
        follows:
``Sec. 1567. Duration of military protective orders''.
            (17) The heading of section 1567a is amended to read as 
        follows:
``Sec. 1567a. Mandatory notification of issuance of military 
                    protective order to civilian law 
                    enforcement''.
            (18) Section 2004a is amended--
                    (A) in subsection (b)(1), by striking ``pay grade 0-
                3'' and inserting ``pay grade O-3''; and
                    (B) in subsection (i), by adding a period at the 
                end.
            (19) Section 2127(e) is amended by striking ``of'' after 
        ``an annual grant''.
            (20) Section 2200a(e)(1) is amended by striking ``section 
        (b)'' and inserting ``subsection (b)''.
            (21) The table of chapters at the beginning of part IV of 
        subtitle A is amended by striking ``2541'' in the item relating 
        to chapter 152 and inserting ``2551''.
            (22) Section 2306c(h) is amended by striking ``section 
        2801(c)(2)'' and inserting ``section 2801(c)(4)''.
            (23) Section 2333 is amended--
                    (A) in subsection (d)(1)(D)(ii), by striking 
                ``indefinite delivery indefinite quantity'' and 
                inserting ``indefinite delivery-indefinite quantity'';
                    (B) in subsection (d)(2), by striking ``this Act'' 
                and inserting ``the John Warner National Defense 
                Authorization Act for Fiscal Year 2007 (Public Law 109-
                364; 120 Stat. 2388)''; and
                    (C) in subsection (f)(3), by striking ``section 
                101(13)'' and inserting ``section 101(a)(13)''.
            (24) Section 2401(f)(2) is amended by striking ``the date of 
        the enactment of the National Defense Authorization Act for 
        Fiscal Year 2006'' and inserting ``January 6, 2006''.

[[Page 123 STAT. 2474]]

            (25) Section 2461(c)(3)(A) is amended by striking ``public 
        private competition'' both places it appears in the first 
        sentence and inserting ``public-private competition''.
            (26) Section 2667(g)(1) is amended by striking ``law,'' and 
        all that follows through ``may'' and inserting ``law, the 
        Secretary concerned may''.
            (27) Section 2684a(g)(2) is amended by striking ``the 
        following the following'' and inserting ``the following''.
            (28) Section 2701(d)(5) is amended by striking ``6920)'' and 
        inserting ``9620)''.
            (29) Sections 4348(f), 6959(f), and 9348(f) are amended by 
        striking ``section (a)'' and inserting ``subsection (a)''.
            (30) The item relating to section 7317 in the table of 
        sections at the beginning of chapter 633 is amended by inserting 
        a period after ``thereof''.
            (31) Section 7306b(b)(1) is amended by striking 
        ``1802(14))'' and inserting ``1802(14)))''.
            (32) The item relating to section 9515 in the table of 
        sections at the beginning of chapter 941 is transferred to 
        appear after the item relating to section 9514 in the table of 
        sections at the beginning of chapter 931.
            (33) The item relating to chapter 1409 in the table of 
        chapters at the beginning of subtitle E is amended by striking 
        ``Reserve-Active Status List'' and inserting ``Reserve Active-
        Status List''.
            (34) Section 12310(c)(1)(A) is amended by striking ``section 
        12304(i)(2) of this title'' and inserting ``section 1403 of the 
        Defense Against Weapons of Mass Destruction Act of 1996 (50 
        U.S.C. 2302(1))''.
            (35) Section 12731(f)(2)(A) is amended by striking ``the 
        date of the enactment of the National Defense Authorization Act 
        for Fiscal Year 2008'' and inserting ``January 28, 2008''.
            (36) Section 16163(e)(1) is amended by striking ``programs'' 
        and inserting ``program''.

    (b) Title 37, United States Code.--Section 308(a)(2)(A)(ii) of title 
37, United States Code, is amended by striking the comma before the 
period at the end.
    (c) Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009. <<NOTE: Effective date.>> --Effective as of October 14, 2008, and 
as if included therein as enacted, the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417) <<NOTE: 6 
USC 121 note.>>  is amended as follows:
            (1) Section 314(a) (122 Stat. 4410; 10 U.S.C. 2710 note) is 
        amended by striking ``Secretary'' and inserting ``Secretary of 
        Defense''.
            (2) Section 523(1) (122 Stat. 4446) <<NOTE: 10 USC 662.>>  
        is amended by striking ``serving or'' and inserting ``serving in 
        or''.
            (3) Section 616 (122 Stat. 4486) <<NOTE: 10 USC 2130a, 
        16201.>>  is amended by striking ``of title'' in subsections (b) 
        and (c) and inserting ``of such title''.
            (4) Section 811(c)(6)(A)(iv)(I) (122 Stat. 4524) <<NOTE: 10 
        USC 2433.>>  is amended by striking ``after of `the program' '' 
        and inserting ``after `of the program' ''.
            (5) Section 813(d)(3) (122 Stat. 4527) <<NOTE: 10 USC 2302 
        note.>>  is amended by striking ``each of subsections (c)(2)(A) 
        and (d)(2)'' and inserting ``subsection (c)(2)(A)''.
            (6) Section 834(a)(2) (122 Stat. 4537) is amended by 
        inserting ``subchapter II of'' before ``chapter 87''.

[[Page 123 STAT. 2475]]

            (7) <<NOTE: Repeal. 18 USC 3287.>>  Section 855 (122 Stat. 
        4545) is repealed.
            (8) Section 921(1) (122 Stat. 4573) <<NOTE: 50 USC 1521 
        note.>>  is amended by striking ``subsections (f) and (g) as 
        subsections (g) and (h)'' and inserting ``subsections (f), (g), 
        and (h) as subsections (g), (h), and (i)''.
            (9) Section 931(b)(5) (122 Stat. 4575) <<NOTE: 6 USC 121.>>  
        is amended--
                    (A) by striking ``Section 201(e)(2)'' and inserting 
                ``Section 201(f)(2)(E)''; and
                    (B) by striking ``(6 U.S.C. 121(e)(2))'' and 
                inserting ``(6 U.S.C. 121(f)(2)(E))''.
            (10) <<NOTE: Repeal. 10 USC 193, 201, 425, 431, 441, 443, 
        444, 2273, 2723.>>  Section 932 (122 Stat. 4576) is repealed.
            (11) Section 1059 (122 Stat. 4611) <<NOTE: 10 USC 113 
        note.>>  is amended by striking ``Act of'' and inserting ``Act 
        for''.
            (12) Section 1061(b)(3) (122 Stat. 4613) <<NOTE: 10 USC 
        1074g note.>>  is amended by striking ``103'' and inserting 
        ``188''.
            (13) Section 2104(b) (122 Stat. 4664) is amended in the 
        matter preceding paragraph (1) by striking ``section 2401'' and 
        inserting ``section 2101''.
            (14) Section 3508(b) (122 Stat. 4769) <<NOTE: 46 USC 53101, 
        54101.>>  is amended to read as follows:

    ``(b) Conforming Amendment.--The chapter 541 of title 46, United 
States Code, as inserted and amended by the amendments made by 
subparagraphs (A) through (D) of section 3523(a)(6) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 599), <<NOTE: Repeal.>>  is repealed.''.
            (15) Section 3511(d) (122 Stat. 4770) <<NOTE: 46 USC 
        55314.>>  is amended by inserting before the period the 
        following: ``, and by striking `calendar' and inserting `fiscal' 
        in the heading for paragraph (2)''.

    (d) National Defense Authorization Act for Fiscal Year 2008.--
Section 1107(e)(1) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public 110-181; 10 U.S.C. 2358 note) is amended by striking 
``Not later than'' and all that follows through ``subsection is 
submitted,'' and inserting ``Not later than November 29, 2008, and not 
later than March 1 of each year thereafter,''.
SEC. 1074. EXTENSION OF SUNSET FOR CONGRESSIONAL COMMISSION ON THE 
                          STRATEGIC POSTURE OF THE UNITED STATES.

    Section 1062(g) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 319) is amended by striking 
``September 30, 2009'' and inserting ``December 31, 2009''.
SEC. 1075. COMBAT AIR FORCES RESTRUCTURING.

    (a) Limitations Relating to Legacy Aircraft. <<NOTE: Deadline. Time 
period. Reports. Applicability.>> --Until the expiration of the 30-day 
period beginning on the date the Secretary of the Air Force submits a 
report in accordance with subsection (b), the following provisions 
apply:
            (1) Prohibition on retirement of aircraft.--The Secretary of 
        the Air Force may not retire any fighter aircraft pursuant to 
        the Combat Air Forces restructuring plan announced by the 
        Secretary on May 18, 2009.
            (2) Prohibition on personnel reassignments.--The Secretary 
        of the Air Force may not reassign any Air Force personnel 
        (whether on active duty or a member of a reserve component, 
        including the National Guard) associated with such restructuring 
        plan.

[[Page 123 STAT. 2476]]

    (b) Report.--The report under subsection (a) shall be submitted to 
the Committees on Armed Services of the House of Representatives and the 
Senate and shall include the following information:
            (1) A detailed plan of how the force structure and 
        capability gaps resulting from the retirement actions will be 
        addressed.
            (2) An explanation of the assessment conducted of the 
        current threat environment and current capabilities.
            (3) A description of the follow-on mission assignments for 
        each affected base.
            (4) An explanation of the criteria used for selecting the 
        affected bases and the particular fighters chosen for 
        retirement.
            (5) A description of the environmental analyses being 
        conducted.
            (6) An identification of the reassignment and manpower 
        authorizations necessary for the Air Force personnel (both 
        active duty and reserve component) affected by the retirements 
        if such retirements are accomplished.
            (7) A description of the funding needed in fiscal years 2010 
        through 2015 to cover operation and maintenance costs, 
        personnel, and aircraft procurement, if the restructuring plan 
        is not carried out.
            (8) An estimate of the cost avoidance should the 
        restructuring plan more forward and a description of how such 
        funds would be invested during the future-years defense plan to 
        ensure the remaining fighter force achieves the desired service 
        life and is sufficiently modernized to outpace the threat.

    (c) Exception for Certain Aircraft.--The prohibition in subsection 
(a)(1) shall not apply to the five fighter aircraft scheduled for 
retirement in fiscal year 2010, as announced when the budget for fiscal 
year 2009 was submitted to Congress.
SEC. 1076. SENSE OF CONGRESS REGARDING CARRIER AIR WING FORCE 
                          STRUCTURE.

    (a) Findings.--Congress makes the following findings:
            (1) Section 5062(b) of title 10, United States Code, 
        requires the Department of the Navy to maintain not less than 11 
        operational aircraft carriers.
            (2) In repeated testimony before Congress, the Navy has 
        pledged its long-term commitment to naval combat forces that 
        include 11 operational aircraft carriers and 10 carrier air 
        wings, composed of 44 strike-fighter aircraft per wing.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) in addition to the forces described in section 5062(b) 
        of title 10, United States Code, the Navy should meet its 
        current requirement for 10 carrier air wings (even if the number 
        of aircraft carriers is temporarily reduced) that are comprised 
        of not less than 44 strike-fighter aircraft, in addition to any 
        other aircraft associated with the air wing; and
            (2) the Congress and the Secretary of the Navy should take 
        all appropriate actions necessary to achieve the current 
        requirement for such carrier air wings until such time that 
        modifications to the carrier air wing force structure are 
        warranted and the Secretary of the Navy provides Congress with a 
        justification of any proposed modifications, supported by 
        rigorous and sufficient warfighting analysis.

[[Page 123 STAT. 2477]]

SEC. 1077. DEPARTMENT OF VETERANS AFFAIRS USE OF SERVICE DOGS FOR 
                          THE TREATMENT OR REHABILITATION OF 
                          VETERANS WITH PHYSICAL OR MENTAL 
                          INJURIES OR DISABILITIES.

    (a) Program Required. <<NOTE: Deadline. Study.>> --Not later than 
270 days after the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall commence a three-year study to assess the 
benefits, feasibility, and advisability of using service dogs for the 
treatment or rehabilitation of veterans with physical or mental injuries 
or disabilities, including post-traumatic stress disorder.

    (b) Partnerships.--
            (1) In general.--The Secretary shall carry out the study by 
        partnering with nonprofit 501(c)(3) organizations that--
                    (A) would not charge veterans who participate in the 
                study fees for the dogs, services, or lodging that they 
                provide; and
                    (B) are accredited by, or adhere to standards 
                comparable to those of, an accrediting organization with 
                demonstrated experience, national scope, and recognized 
                leadership and expertise in the training of service dogs 
                and education in the use of service dogs.
            (2) Reimbursement of costs.--The Secretary shall reimburse 
        partners $10,000 for each dog provided to a veteran who enrolls 
        in the study and successfully completes a training program 
        offered by one of the partners.

    (c) Participation.--
            (1) In general.--As part of the study, the Secretary shall, 
        subject to paragraph (2), arrange for the provision of a service 
        dog to the greater of the following:
                    (A) 200 veterans.
                    (B) A sufficient number of such veterans to produce 
                scientifically valid results with respect to assessing 
                the benefits and costs of the use of such dogs for the 
                treatment or rehabilitation of such veterans.
            (2) Number of veterans.--The Department of Veterans Affairs 
        may provide dogs to fewer than 200 veterans if, despite its 
        sustained and repeated efforts, it is unable to recruit 200 
        veterans to participate in the study referred to in subsection 
        (d).
            (3) Eligible veterans.--A veteran is eligible to enroll and 
        participate in the study on an ongoing basis if:
                    (A) The veteran has physical disabilities (other 
                than blindness or hearing impairment) or mental injuries 
                or disabilities.
                    (B) A Department of Veterans Affairs provider 
                determines, based on clinical evaluation of efficacy, 
                that the veteran is an appropriate candidate for the 
                study and may potentially benefit from a service dog.
                    (C) The veteran agrees to successfully complete a 
                training program arranged by the Department of Veterans 
                Affairs and offered by a nonprofit 501(c)(3) 
                organization that is accredited by, or adheres to 
                standards comparable to those of, an accrediting 
                organization with demonstrated experience, national 
                scope, and recognized leadership and expertise in the 
                training of service dogs and education in the use of 
                service dogs.

[[Page 123 STAT. 2478]]

            (4) Composition.--The Secretary shall ensure that at least 
        half of the participants in the study are veterans who suffer 
        primarily from a mental health injury or disability.
            (5) Authorized benefits.--The Department of Veterans Affairs 
        will provide to a veteran participating in this study:
                    (A) Veterinary treatment to maintain the health of 
                the dog and keep it functioning in its prescribed role.
                    (B) Hardware required by the dog to perform its 
                tasks, and repairs to such hardware.
                    (C) Payments and allowances for travel incurred in 
                becoming adjusted to the service dogs, to be paid in the 
                same manner that payments and allowances are authorized 
                under section 111 of title 38, United States Code, and 
                its implementing regulations.
            (6) Additional benefit for associated expenses.--As an 
        incentive for participation in the study, veterans participating 
        in the study will receive from the Department of Veterans 
        Affairs a monthly payment of $75 to offset costs associated with 
        the dog in addition to those identified in paragraph (5), such 
        as services not prescribed or performed by a veterinarian, 
        including but not limited to, license tags (if required), food, 
        grooming, nail trimming, boarding, and over-the-counter 
        medications.
            (7) Option for ownership of, and responsibility for, the dog 
        after the completion of the study.--At the end of the study the 
        veteran will have the option of ownership of the dog. If the 
        veteran does not wish to retain the dog, the 501(c)(3) 
        organization that provided the dog will be responsible for 
        caring for or appropriately placing the dog. In any case after 
        completion of the study, or if and when the veteran chooses to 
        not participate in the study until completion, further 
        responsibility by the Department of Veterans Affairs for any 
        benefits in this provision will cease. Further, the Department 
        of Veterans Affairs' liability related to the dog will cease.

    (d) Study.--The Secretary shall conduct a scientifically valid 
research study of the costs and benefits associated with the use of 
service dogs for the treatment or rehabilitation of veterans with 
physical or mental injuries or disabilities. The matters studied shall 
include the following:
            (1) The therapeutic benefits to such veterans, including the 
        quality of life benefits reported by the veterans partaking in 
        the study.
            (2) The economic benefits of using service dogs for the 
        treatment or rehabilitation of such veterans, including--
                    (A) savings on health care costs, including savings 
                related to reductions in hospitalization and reductions 
                in the use of prescription drugs; and
                    (B) productivity and employment gains for the 
                veterans.

    (e) Reports.--
            (1) Annual report of the secretary.--After each year of the 
        study, the Secretary shall submit to Congress a report on the 
        findings of the Secretary with respect to the study.
            (2) Final report by the national academy of sciences.--Not 
        later than 180 days after the date of the completion of the 
        study, the National Academy of Sciences shall submit to Congress 
        a report on the results of the study.

[[Page 123 STAT. 2479]]

    (f) Funding.--The study under this section is subject to the 
availability of appropriations provided to the Department of Veterans 
Affairs for such purpose.
SEC. 1078. PLAN FOR SUSTAINMENT OF LAND-BASED SOLID ROCKET MOTOR 
                          INDUSTRIAL BASE.

    (a) In General. <<NOTE: Review.>> --The Secretary of Defense shall 
review and establish a plan to sustain the solid rocket motor industrial 
base, including the ability to maintain and sustain currently deployed 
strategic and missile defense systems and to maintain an intellectual 
and engineering capacity to support next generation rocket motors, as 
needed.

    (b) Submission of Plan.--Not later than June 1, 2010, the Secretary 
of Defense shall submit to the congressional defense committees the plan 
required under subsection (a).
SEC. 1079. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM.

    It is the sense of Congress that the claims of American victims of 
torture and hostage taking by the Government of Iraq during the regime 
of Saddam Hussein that are subject to Presidential Determination Number 
2008-9 of January 28, 2008, which waived application of section 1083 of 
the National Defense Authorization Act for Fiscal Year 2008, should be 
resolved by a prompt and fair settlement negotiated between the 
Government of Iraq and the Government of the United States, taking note 
of the provisions of H.R. 5167 of the 110th Congress, which was adopted 
by the United States House of Representatives.
SEC. 1080. <<NOTE: 10 USC 801 note.>>  REQUIREMENT FOR VIDEOTAPING 
                          OR OTHERWISE ELECTRONICALLY RECORDING 
                          STRATEGIC INTELLIGENCE INTERROGATIONS OF 
                          PERSONS IN THE CUSTODY OF OR UNDER THE 
                          EFFECTIVE CONTROL OF THE DEPARTMENT OF 
                          DEFENSE.

    (a) Videotaping or Other Electronic Recording Required.--In 
accordance with the Army Field Manual on Human Intelligence Collector 
Operations (FM 2-22.3, September 2006), or any successor thereto, and 
the guidelines developed pursuant to subsection (f), the Secretary of 
Defense shall ensure that each strategic intelligence interrogation of 
any person who is in the custody or under the effective control of the 
Department of Defense or under detention in a Department of Defense 
facility is videotaped or otherwise electronically recorded.
    (b) Classification of Information.--To protect United States 
national security, the safety of the individuals conducting or assisting 
in the conduct of a strategic intelligence interrogation, and the 
privacy of persons described in subsection (a), the Secretary of Defense 
shall provide for the appropriate classification of videotapes or other 
electronic recordings made pursuant to subsection (a). The use of such 
classified videotapes or other electronic recordings in proceedings 
conducted under the Detainee Treatment Act of 2005 (title 14 of Public 
Law 109-163 and title 10 of Public Law 109-148), the Military 
Commissions Act of 2006 (10 U.S.C. 948 et seq.; Public Law 109-366), as 
amended by section 1802 of this Act, or at any other judicial or 
administrative forum under any other provision of law shall be governed 
by applicable rules, regulations, and laws that protect classified 
information.

[[Page 123 STAT. 2480]]

    (c) Strategic Intelligence Interrogation Defined.--For purposes of 
this section, the term ``strategic intelligence interrogation'' means an 
interrogation of a person described in subsection (a) conducted at a 
theater-level detention facility.
    (d) Exclusion.--Nothing in this section shall be construed as 
requiring--
            (1) any member of the Armed Forces engaged in direct combat 
        operations to videotape or otherwise electronically record an 
        interrogation of a person described in subsection (a); or
            (2) the videotaping of or otherwise electronically recording 
        of tactical questioning, as such term is defined in the Army 
        Field Manual on Human Intelligence Collector Operations (FM 2-
        22.3, September 2006), or any successor thereto.

    (e) Waiver.--
            (1) Waivers authorized.--The Secretary of Defense may, as an 
        exceptional measure, as part of a specific interrogation plan 
        for a specific person described in subsection (a), waive the 
        requirement in that subsection on a case-by-case basis for a 
        period not to exceed 30 days, if the Secretary--
                    (A) <<NOTE: Determination.>>  makes a determination 
                in writing that such a waiver is necessary to the 
                national security interests of the United States; and
                    (B) <<NOTE: Deadline. Notice.>>  by not later than 
                five days after the date on which such a determination 
                is made, submits to the Committees on Armed Services of 
                the Senate and House of Representatives, the House 
                Permanent Select Committee on Intelligence, and the 
                Senate Select Committee on Intelligence notice of that 
                determination, including a justification for that 
                determination.
            (2) Suspensions authorized.--The Secretary may temporarily 
        suspend the requirement under subsection (a) at a specific 
        theater-level detention facility for a period not to exceed 30 
        days, if the Secretary--
                    (A) <<NOTE: Determination.>>  makes a determination 
                in writing that such a suspension is vital to the 
                national security interests of the United States; and
                    (B) <<NOTE: Deadline. Notice.>>  by not later than 
                five days after the date on which such a determination 
                is made, submits to the Committees on Armed Services of 
                the Senate and House of Representatives, the House 
                Permanent Select Committee on Intelligence, and the 
                Senate Select Committee on Intelligence notice of that 
                determination, including a justification for that 
                determination.
            (3) Limitation on delegation of authority.--This authority 
        of the Secretary under this subsection may only be delegated as 
        follows:
                    (A) In the case of the authority under paragraph 
                (1), such authority may not be delegated below the level 
                of the combatant commander of the theater in which the 
                detention facility holding the person is located.
                    (B) In the case of the authority under paragraph 
                (2), such authority may not be delegated below the level 
                of the Deputy Secretary of Defense.
            (4) Extensions.--The Secretary may extend a waiver under 
        paragraph (1) for one additional 30-day period, or a

[[Page 123 STAT. 2481]]

        suspension under paragraph (2) for one additional 30-day period, 
        if--
                    (A) <<NOTE: Determination.>>  the Secretary--
                          (i) in the case of such a waiver, makes a 
                      determination in writing that such an extension is 
                      necessary to the national security interests of 
                      the United State; or
                          (ii) in the case of such a suspension, makes a 
                      determination in writing that such an extension is 
                      vital to the national security interests of the 
                      United States; and
                    (B) <<NOTE: Deadline.>>  by not later than five days 
                after the date on which such a determination is made, 
                the Secretary submits to the Committees on Armed 
                Services of the Senate and House of Representatives, the 
                House Permanent Select Committee on Intelligence, and 
                the Senate Select Committee on Intelligence notice of 
                that determination, including a justification for that 
                determination.

    (f) Guidelines.--
            (1) Development of guidelines.--The Secretary of Defense, 
        acting through the Judge Advocates General (as defined in 
        section 801(1) of title 10, United States Code, (Article 1 of 
        the Uniform Code of Military Justice)), shall develop and adopt 
        uniform guidelines for videotaping or otherwise electronically 
        recording strategic intelligence interrogations as required 
        under subsection (a). Such guidelines shall, at a minimum--
                    (A) promote full compliance with the laws of the 
                United States;
                    (B) promote the exploitation of intelligence;
                    (C) address the retention, maintenance, and 
                disposition of videotapes or other electronic 
                recordings, consistent with subparagraphs (A) and (B) 
                and with the interests of justice; and
                    (D) ensure the safety of all participants in the 
                interrogations.
            (2) <<NOTE: Deadline. Reports.>>  Submittal to congress.--
        Not later than 30 days after the date of the enactment of this 
        section, the Secretary of Defense shall submit to the Committees 
        on Armed Services of the Senate and House of Representatives a 
        report containing the guidelines developed under paragraph (1). 
        Such report shall be in an unclassified form but may include a 
        classified annex.
SEC. 1081. MODIFICATION OF PILOT PROGRAM ON COMMERCIAL FEE-FOR-
                          SERVICE AIR REFUELING SUPPORT FOR THE 
                          AIR FORCE.

     Section 1081(a) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 335; 10 U.S.C. 2461 
note) is amended by inserting before the period at the end of the first 
sentence the following: ``, unless the Secretary of Defense submits 
notification to the congressional defense committees that pursuing such 
a program is not in the national interest''.
SEC. 1082. <<NOTE: 10 USC 2461 note.>>  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

[[Page 123 STAT. 2482]]

the pilot program on utilizing commercial fee-for-service air refueling 
tanker aircraft for Air Force operations required by section 1081 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 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; 
        and
            (2) notwithstanding section 2306c(b) of such title, the 
        authority under section 2306c(a) of such title shall apply to 
        the fee-for-service air refueling pilot program.

    (c) Compliance With Law Applicable to Service Contracts.--A contract 
entered into under subsection (a) shall be entered into in accordance 
with the provisions of section 2401 of title 10, United States Code, 
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. 1083. DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS AT 
                          WESTERN HEMISPHERE INSTITUTE FOR 
                          SECURITY COOPERATION.

    (a) Disclosure.--
            (1) In general. <<NOTE: Public information.>> --The 
        Secretary of Defense shall release to the public, upon request, 
        the information described in paragraph (2) for each of fiscal 
        years 2009 and 2010.
            (2) Content.--The information to be released under paragraph 
        (1) shall include, with respect to the fiscal year covered, the 
        entire name, including the first, middle, and surnames, with 
        respect to each student and instructor at the Western Hemisphere 
        Institute for Security Cooperation.

    (b) Waiver.--The Secretary of Defense may waive the requirement 
under subsection (a) if the Secretary determines it to be in the 
national interest.
SEC. 1084. SENSE OF CONGRESS REGARDING THE WESTERN HEMISPHERE 
                          INSTITUTE FOR SECURITY COOPERATION.

    It is the sense of Congress that--
            (1) the Western Hemisphere Institute for Security 
        Cooperation--

[[Page 123 STAT. 2483]]

                    (A) offers quality professional military bilingual 
                instruction for military officers and noncommissioned 
                officers that promotes democracy, subordination to 
                civilian authority, and respect for human rights; and
                    (B) is uniquely positioned to support the 
                modernization of Latin America security forces as they 
                work to transcend their own controversial pasts;
            (2) the Western Hemisphere Institute for Security 
        Cooperation is building partner capacity which enhances regional 
        and global security while encouraging respect for human rights 
        and promoting democratic principles among eligible military 
        personnel, law enforcement officials, and civilians of nations 
        of the Western Hemisphere;
            (3) the Western Hemisphere Institute for Security 
        Cooperation is an invaluable education and training facility the 
        curriculum of which is not duplicated in any of the military 
        departments and is not replaceable by professional military 
        education funded by appropriations for International Military 
        Education and Training, for which education is not conducted in 
        Spanish and does not concentrate on regional challenges; and
            (4) the Western Hemisphere Institute for Security 
        Cooperation is an essential tool to educate future generations 
        of Latin American leaders and improve United States 
        relationships with partner nations that are working with the 
        United States to promote democracy, prosperity, and stability in 
        the Western Hemisphere.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

                          Subtitle A--Personnel

Sec. 1101. Authority to employ individuals completing the National 
           Security Education Program.
Sec. 1102. Authority for employment by Department of Defense of 
           individuals who have successfully completed the requirements 
           of the science, mathematics, and research for transformation 
           (SMART) defense scholarship program.
Sec. 1103. Authority for the employment of individuals who have 
           successfully completed the Department of Defense information 
           assurance scholarship program.
Sec. 1104. Extension and modification of experimental personnel 
           management program for scientific and technical personnel.
Sec. 1105. Modification to Department of Defense laboratory personnel 
           authority.
Sec. 1106. One-year extension of authority to waive annual limitation on 
           premium pay and aggregate limitation on pay for Federal 
           civilian employees working overseas.
Sec. 1107. Extension of certain benefits to Federal civilian employees 
           on official duty in Pakistan.
Sec. 1108. Requirement for Department of Defense strategic workforce 
           plans.
Sec. 1109. Adjustments to limitations on personnel and requirement for 
           annual manpower reporting.
Sec. 1110. Pilot program for the temporary exchange of information 
           technology personnel.
Sec. 1111. Availability of funds for compensation of certain civilian 
           employees of the Department of Defense.
Sec. 1112. Department of defense civilian leadership program.
Sec. 1113. Provisions relating to the National Security Personnel 
           System.
Sec. 1114. Provisions relating to the Defense Civilian Intelligence 
           Personnel System.

      Subtitle B--Provisions Relating to Reemployment of Annuitants

Sec. 1121. Authority to expand scope of provisions relating to unreduced 
           compensation for certain reemployed annuitants.

[[Page 123 STAT. 2484]]

Sec. 1122. Part-time reemployment.
Sec. 1123. Government Accountability Office report.

                          Subtitle A--Personnel

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

    Section 802 of the David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1902) is amended by adding at the end the following new 
subsection:
    ``(k) Employment of Program Participants.--The Secretary of Defense, 
the Secretary of Homeland Security, the Secretary of State, or the head 
of a Federal agency or office identified by the Secretary of Defense 
under subsection (g) as having national security responsibilities--
            ``(1) may, without regard to any provision of title 5 
        governing appointments in the competitive service, appoint to a 
        position that is identified under subsection (b)(2)(A)(i) as 
        having national security responsibilities, or to a position in 
        such Federal agency or office, in the excepted service an 
        individual who has successfully completed an academic program 
        for which a scholarship or fellowship under this section was 
        awarded and who, under the terms of the agreement for such 
        scholarship or fellowship, at the time of such appointment owes 
        a service commitment to such Department or such Federal agency 
        or office; and
            ``(2) may, upon satisfactory completion of two years of 
        substantially continuous service by an incumbent who was 
        appointed to an excepted service position under the authority of 
        paragraph (1), convert the appointment of such individual, 
        without competition, to a career or career conditional 
        appointment.''.
SEC. 1102. AUTHORITY FOR EMPLOYMENT BY DEPARTMENT OF DEFENSE OF 
                          INDIVIDUALS WHO HAVE SUCCESSFULLY 
                          COMPLETED THE REQUIREMENTS OF THE 
                          SCIENCE, MATHEMATICS, AND RESEARCH FOR 
                          TRANSFORMATION (SMART) DEFENSE 
                          SCHOLARSHIP PROGRAM.

    (a) Authority for Employment.--Subsection (d) of section 2192a of 
title 10, United States Code, is amended to read as follows:
    ``(d) Employment of Program Participants.--The Secretary of 
Defense--
            ``(1) may, without regard to any provision of title 5 
        governing appointment of employees to competitive service 
        positions within the Department of Defense, appoint to a 
        position in the Department of Defense in the excepted service an 
        individual who has successfully completed an academic program 
        for which a scholarship or fellowship under this section was 
        awarded and who, under the terms of the agreement for such 
        scholarship or fellowship, at the time of such appointment, owes 
        a service commitment to the Department; and
            ``(2) may, upon satisfactory completion of 2 years of 
        substantially continuous service by an incumbent who was 
        appointed to an excepted service position under the authority of 
        paragraph (1), convert the appointment of such individual, 
        without competition, to a career or career conditional 
        appointment.''.

[[Page 123 STAT. 2485]]

    (b) Conforming Amendment.--Subsection (c)(2) of such section is 
amended by striking ``Except as provided in subsection (d), the'' in the 
second sentence and inserting ``The''.
    (c) Technical Amendments.--Subsection (f) of such section is 
amended--
            (1) by striking the first sentence; and
            (2) by striking ``the authorities provided in such chapter'' 
        and inserting ``the other authorities provided in this 
        chapter''.

    (d) Repeal of Obsolete Provisions.--(1) Such section is further 
amended by striking subsection (g) and by redesignating subsection (h) 
as subsection (g).
    (2) Subparagraph (B) of section 3304(a)(3) of title 5, United States 
Code, is amended to read as follows:
                    ``(B) the Office of Personnel Management has 
                determined that there exists a severe shortage of 
                candidates or that there is a critical hiring need.''.
SEC. 1103. AUTHORITY FOR THE EMPLOYMENT OF INDIVIDUALS WHO HAVE 
                          SUCCESSFULLY COMPLETED THE DEPARTMENT OF 
                          DEFENSE INFORMATION ASSURANCE 
                          SCHOLARSHIP PROGRAM.

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

    (b) Technical Amendment.--Subsection (a) of such section is amended 
by striking ``subsection (g),'' and inserting ``subsection (f),''.
SEC. 1104. EXTENSION AND MODIFICATION OF EXPERIMENTAL PERSONNEL 
                          MANAGEMENT PROGRAM FOR SCIENTIFIC AND 
                          TECHNICAL PERSONNEL.

    (a) Three-Year Extension.--Subsection (e)(1) of section 1101 of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
(5 U.S.C. 3104 note) is amended by striking ``September 30, 2011'' and 
inserting ``September 30, 2014''.
    (b) Limitations on Additional Payments.--Such section is further 
amended--
            (1) in subsection (b)(3), by striking ``under subsection 
        (d)(1)'' and inserting ``under subsection (d)''; and
            (2) by striking subsection (d) and inserting the following:

    ``(d) Limitations on Additional Payments.--(1) Subject to paragraph 
(3), the total amount of additional payments paid to

[[Page 123 STAT. 2486]]

an employee under subsection (b)(3) for any 12-month period may not 
exceed the lesser of the following amounts:
            ``(A) $50,000 in fiscal year 2010, which may be adjusted 
        annually thereafter by the Secretary, with a percentage increase 
        equal to one-half of 1 percentage point less than the percentage 
        by which the Employment Cost Index, published quarterly by the 
        Bureau of Labor Statistics, for the base quarter of the year 
        before the preceding calendar year exceeds the Employment Cost 
        Index for the base quarter of the second year before the 
        preceding calendar year.
            ``(B) The amount equal to 50 percent of the employee's 
        annual rate of basic pay.

    ``(2) In paragraph (1), the term `base quarter' has the meaning 
given that term in section 5302(3) of title 5, United States Code.
    ``(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 of each year in which 
        the authority under this section is in effect, the Secretary of 
        Defense shall submit to the committees of Congress specified in 
        subparagraph (B) a report on the operation of this section. Each 
        report shall cover the fiscal year that most recently ended 
        before such December 31.
            ``(B) The committees of Congress specified in this 
        subparagraph are--
                    ``(i) the Committee on Armed Services, the Committee 
                on Homeland Security and Governmental Affairs, and the 
                Committee on Appropriations of the Senate; and
                    ``(ii) the Committee on Armed Services, the 
                Committee on Oversight and Government Reform, and the 
                Committee on Appropriations of the House of 
                Representatives.''.
SEC. 1105. <<NOTE: 10 USC 2358 note.>>  MODIFICATION TO DEPARTMENT 
                          OF DEFENSE LABORATORY PERSONNEL 
                          AUTHORITY.

    (a) Designation of Laboratories.--Each of the following is hereby 
designated as a Department of Defense science and technology reinvention 
laboratory (as described in section 342(b) of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
2721), as amended by section 1114 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001):
            (1) The Aviation and Missile Research Development and 
        Engineering Center.
            (2) The Army Research Laboratory.
            (3) The Medical Research and Materiel Command.
            (4) The Engineer Research and Development Command.
            (5) The Communications-Electronics Command.

[[Page 123 STAT. 2487]]

            (6) The Soldier and Biological Chemical Command.
            (7) The Naval Sea Systems Command Centers.
            (8) The Naval Research Laboratory.
            (9) The Office of Naval Research.
            (10) The Air Force Research Laboratory.
            (11) The Tank and Automotive Research Development and 
        Engineering Center.
            (12) The Armament Research Development and Engineering 
        Center.
            (13) The Naval Air Warfare Center, Weapons Division.
            (14) The Naval Air Warfare Center, Aircraft Division.
            (15) The Space and Naval Warfare Systems Center, Pacific.
            (16) The Space and Naval Warfare Systems Center, Atlantic.
            (17) The laboratories within the Army Research Development 
        and Engineering Command.

    (b) Conversion Procedures.--The Secretary of Defense shall implement 
procedures to convert the civilian personnel of each Department of 
Defense science and technology reinvention laboratory, as so designated 
by subsection (a), from the personnel system which applies as of the 
date of the enactment of this Act to the personnel system under an 
appropriate demonstration project (as referred to in such section 
342(b)). Any conversion under this subsection--
            (1) shall not adversely affect any employee with respect to 
        pay or any other term or condition of employment;
            (2) shall be consistent with section 4703(f) of title 5, 
        United States Code;
            (3) shall be completed within 18 months after the date of 
        the enactment of this Act; and
            (4) shall not apply to prevailing rate employees (as defined 
        by section 5342(a)(2) of title 5, United States Code) or senior 
        executives (as defined by section 3132(a)(3) of such title).

    (c) Limitation.--The science and technology reinvention 
laboratories, as so designated by subsection (a), may not implement any 
personnel system, other than a personnel system under an appropriate 
demonstration project (as referred to in such section 342(b)), without 
prior congressional authorization.
SEC. 1106. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 
                          LIMITATION ON PREMIUM PAY AND AGGREGATE 
                          LIMITATION ON PAY FOR FEDERAL CIVILIAN 
                          EMPLOYEES WORKING OVERSEAS.

    (a) Extension of Authority.--Subsection (a) of section 1101 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4615) is amended by striking ``calendar 
year 2009,'' and inserting ``calendar years 2009 and 2010,''.
    (b) Related Provision.--Subsection (b) of such section 1101 is 
amended to read as follows:.
    ``(b) Applicability of Aggregate Limitation on Pay.--
            ``(1) In general.--Section 5307 of title 5, United States 
        Code, shall not apply to any employee in any calendar year in 
        which that employee is granted a waiver under subsection (a).

[[Page 123 STAT. 2488]]

            ``(2) Other limitations.--In the case of any employees who 
        (disregarding subparagraph (A)) would otherwise be subject to a 
        limitation on premium pay similar to one set forth in section 
        5547 of title 5, United States Code (as determined by the head 
        of the Executive agency in or under which such employees are 
        employed)--
                    ``(A) the agency head may waive that otherwise 
                applicable limitation, to the same extent and in the 
                same manner as would be allowable under subsection (a) 
                if those employees were instead subject to such section 
                5547; and
                    ``(B) if a waiver under subparagraph (A) is granted 
                with respect to such employees, then, neither section 
                5307 of title 5, United States Code, nor any other 
                similar limitation (as determined by the agency head) 
                shall apply with respect to such employees for purposes 
                of any calendar year for which such waiver is so 
                granted.''.
SEC. 1107. EXTENSION OF CERTAIN BENEFITS TO FEDERAL CIVILIAN 
                          EMPLOYEES ON OFFICIAL DUTY IN PAKISTAN.

    Section 1603(a)(2) of the Emergency Supplemental Appropriations Act 
for Defense, the Global War on Terror, and Hurricane Recovery, 2006 
(Public Law 109-234; 120 Stat. 443), as amended by section 1102 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4616), is amended by inserting ``Pakistan 
or'' after ``is on official duty in''.
SEC. 1108. REQUIREMENT FOR DEPARTMENT OF DEFENSE STRATEGIC 
                          WORKFORCE PLANS.

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

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

[[Page 123 STAT. 2489]]

                    ``(C) the critical skills and competencies of the 
                existing civilian employee workforce of the Department 
                and projected trends in that workforce based on expected 
                losses due to retirement and other attrition; and
                    ``(D) gaps in the existing or projected civilian 
                employee workforce of the Department that should be 
                addressed to ensure that the Department has continued 
                access to the critical skills and competencies described 
                in subparagraphs (A) and (C).
            ``(2) A plan of action for developing and reshaping the 
        civilian employee workforce of the Department to address the 
        gaps in critical skills and competencies identified under 
        paragraph (1)(D), including--
                    ``(A) specific recruiting and retention goals, 
                especially in areas identified as critical skills and 
                competencies under paragraph (1), including the program 
                objectives of the Department to be achieved through such 
                goals and the funding needed to achieve such goals;
                    ``(B) specific strategies for developing, training, 
                deploying, compensating, and motivating the civilian 
                employee workforce of the Department, including the 
                program objectives of the Department to be achieved 
                through such strategies and the funding needed to 
                implement such strategies;
                    ``(C) any incentives necessary to attract or retain 
                any civilian personnel possessing the skills and 
                competencies identified under paragraph (1);
                    ``(D) any changes in the number of personnel 
                authorized in any category of personnel listed in 
                subsection (f)(1) or in the acquisition workforce that 
                may be needed to address such gaps and effectively meet 
                the needs of the Department;
                    ``(E) any changes in resources or in the rates or 
                methods of pay for any category of personnel listed in 
                subsection (f)(1) or in the acquisition workforce that 
                may be needed to address inequities and ensure that the 
                Department has full access to appropriately qualified 
                personnel to address such gaps and meet the needs of the 
                Department; and
                    ``(F) any legislative changes that may be necessary 
                to achieve the goals referred to in subparagraph (A).
            ``(3) An assessment, using results-oriented performance 
        measures, of the progress of the Department in implementing the 
        strategic workforce plan under this section during the previous 
        year.
            ``(4) Any additional matters the Secretary of Defense 
        considers necessary to address.

    ``(c) Senior Management, Functional, and Technical Workforce.--(1) 
Each strategic workforce plan under subsection (a) shall include a 
separate chapter to specifically address the shaping and improvement of 
the senior management, functional, and technical workforce (including 
scientists and engineers) of the Department of Defense.
    ``(2) For purposes of paragraph (1), each plan shall include, with 
respect to such senior management, functional, and technical workforce--

[[Page 123 STAT. 2490]]

            ``(A) an assessment of the matters set forth in 
        subparagraphs (A) through (D) of subsection (b)(1);
            ``(B) a plan of action meeting the requirements set forth in 
        subparagraphs (A) through (F) of subsection (b)(2);
            ``(C) specific strategies for developing, training, 
        deploying, compensating, motivating, and designing career paths 
        and career opportunities; and
            ``(D) specific steps that the Department has taken or plans 
        to take to ensure that such workforce is managed in compliance 
        with the requirements of section 129 of this title.

    ``(d) Defense Acquisition Workforce.--(1) Each strategic workforce 
plan under subsection (a) shall include a separate chapter to 
specifically address the shaping and improvement of the defense 
acquisition workforce, including both military and civilian personnel.
    ``(2) For purposes of paragraph (1), each plan shall include, with 
respect to the defense acquisition workforce--
            ``(A) an assessment of the matters set forth in 
        subparagraphs (A) through (D) of subsection (b)(1);
            ``(B) a plan of action meeting the requirements set forth in 
        subparagraphs (A) through (F) of subsection (b)(2);
            ``(C) specific steps that the Department has taken or plans 
        to take to develop appropriate career paths for civilian 
        employees in the acquisition field and to implement the 
        requirements of section 1722a of this title with regard to 
        members of the armed forces in the acquisition field; and
            ``(D) a plan for funding needed improvements in the 
        acquisition workforce of the Department through the period of 
        the future-years defense program, including--
                    ``(i) the funding programmed for defense acquisition 
                workforce improvements, including a specific 
                identification of funding provided in the Department of 
                Defense Acquisition Workforce Fund established under 
                section 1705 of this title, along with a description of 
                how such funding is being implemented and whether it is 
                being fully used; and
                    ``(ii) a description of any continuing shortfalls in 
                funding available for the acquisition workforce.

    ``(e) Submittals by Secretaries of the Military Departments and 
Heads of the Defense Agencies.-- <<NOTE: Reports.>> The Secretary of 
Defense shall require the Secretary of each military department and the 
head of each Defense Agency to submit a report to the Secretary 
addressing each of the matters described in this section. 
The <<NOTE: Deadline.>> Secretary of Defense shall establish a deadline 
for the submittal of reports under this subsection that enables the 
Secretary to consider the material submitted in a timely manner and 
incorporate such material, as appropriate, into the strategic workforce 
plan required by this section.

    ``(f) Definitions.--In this section:
            ``(1) The term `senior management, functional, and technical 
        workforce of the Department of Defense' includes the following 
        categories of Department of Defense civilian personnel:
                    ``(A) Appointees in the Senior Executive Service 
                under section 3131 of title 5.
                    ``(B) Persons serving in positions described in 
                section 5376(a) of title 5.

[[Page 123 STAT. 2491]]

                    ``(C) Highly qualified experts appointed pursuant to 
                section 9903 of title 5.
                    ``(D) Scientists and engineers appointed pursuant to 
                section 342(b) of the National Defense Authorization Act 
                for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
                2721), as amended by section 1114 of the Floyd D. Spence 
                National Defense Authorization Act for Fiscal Year 2001 
                (as enacted into law by Public Law 106-398 (114 Stat. 
                1654A-315)).
                    ``(E) Scientists and engineers appointed pursuant to 
                section 1101 of the Strom Thurmond National Defense 
                Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 
                note).
                    ``(F) Persons serving in the Defense Intelligence 
                Senior Executive Service under section 1606 of this 
                title.
                    ``(G) Persons serving in Intelligence Senior Level 
                positions under section 1607 of this title.
            ``(2) The term `acquisition workforce' includes individuals 
        designated under section 1721 as filling acquisition 
        positions.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 2 of such title is amended by inserting 
        after the item relating to section 115a the following new item:

``115b. Annual strategic workforce plan.''.

    (b) Comptroller General Reports.--
            (1) Report on strategic workforce plan.--Not later than 180 
        days after the date on which the Secretary of Defense submits to 
        the congressional defense committees an annual strategic 
        workforce plan under section 115b of title 10, United States 
        Code (as added by subsection (a)), in each of 2009, 2010, 2011, 
        and 2012, the Comptroller General of the United States shall 
        submit to the congressional defense committees a report on the 
        plan so submitted.
            (2) Report on the training of acquisition and audit 
        personnel of the department of defense.--(A) Not later than one 
        year after the date of the enactment of this Act, the 
        Comptroller General of the United States shall submit to the 
        congressional defense committees a report setting forth an 
        assessment of the efficacy of Department of Defense training for 
        acquisition and audit personnel of the Department of Defense.
            (B) The report required under subparagraph (A) shall address 
        the efficacy of training, the extent to which such training 
        reaches appropriate personnel, and the extent to which the 
        training recommendations of previous reviews (including the 
        recommendations of the Commission on Army Acquisition and 
        Program Management in Expeditionary Operations) have been 
        implemented.

    (c) Conforming Repeals.--The following provisions are repealed:
            (1) Section 1122 of the National Defense Authorization Act 
        for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10 
        U.S.C. note prec. <<NOTE: 10 USC 1580 note prec.>> 1580).
            (2) Section 1102 of the John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
        Stat. 2407).

[[Page 123 STAT. 2492]]

            (3) Section 851 of the National Defense Authorization Act 
        for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 247; 10 
        U.S.C. note prec. 1580).
SEC. 1109. ADJUSTMENTS TO LIMITATIONS ON PERSONNEL AND REQUIREMENT 
                          FOR ANNUAL MANPOWER REPORTING.

    (a) Amendments.--Section 1111 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4619) <<NOTE: 10 USC 143 note.>> is amended--
            (1) in subsection (b), by striking ``for four'';
            (2) in paragraph (1) of subsection (b), by striking 
        ``requirements of--'' and all that follows through the end of 
        subparagraph (C) and inserting ``the requirements of section 
        115b of this title; or'';
            (3) in paragraph (2) of subsection (b), by striking 
        ``purpose described in paragraphs (1) through (4) of subsection 
        (c).'' and inserting the following:
        ``any of the following purposes:
                    ``(A) Performance of inherently governmental 
                functions.
                    ``(B) Performance of work pursuant to section 2463 
                of title 10, United States Code.
                    ``(C) Ability