HR2647JUN26

The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment pertaining to a new section on Availability of Funds for Missile Defense and Certain Vehicles and Aircraft.

On motion to recommit with instructions Failed by recorded vote: 170 - 244 (Roll no. 459).

Conference Report votes

Mr. McKeon moved to recommit with instructions to the conference committee.

On motion to recommit with instructions to conference committee Failed by the Yeas and Nays: 208 - 216, 2 Present (Roll no. 769).

On agreeing to the conference report Agreed to by recorded vote: 281 - 146 (Roll no. 770).

Senate agreed to the Conference Report. The Conference Report was adopted by a vote of 68-29.

Cost to the taxpayers: "The bill would specifically authorize appropriations totaling $681 billion in 2010 (see Table 2). Of that amount, $551.0 billion is for authorizations of regular (non-emergency) appropriations--$534.1 billion for DoD, $16.5 billion for atomic energy activities within DOE, and $0.3 billion for other programs.

Compared to regular appropriations currently enacted for 2009, the 2010 level authorized for DoD would be an increase of $20.7 billion (4.0 percent), while the level authorized for DOE would be an increase of $0.6 billion (3.8 percent). The four largest categories of DoD spending would receive increases as follows: military personnel--$10.8 billion (8.6 percent); operation and maintenance--$6.5 billion (3.6 percent); procurement--$5.1 billion (5.0 percent), and research and development--$0.1 billion (0.1 percent). "

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AMENDMENTS

TITLE I--PROCUREMENT

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

TITLE III--OPERATION AND MAINTENANCE

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

TITLE V--MILITARY PERSONNEL POLICY

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

TITLE VII--HEALTH CARE PROVISIONS

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

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

TITLE X--GENERAL PROVISIONS

TITLE XI--CIVILIAN PERSONNEL MATTERS

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

TITLE XIII--COOPERATIVE THREAT REDUCTION

TITLE XIV--OTHER AUTHORIZATIONS

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

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

TITLE XXI--ARMY

TITLE XXII--NAVY

TITLE XXIII--AIR FORCE

TITLE XXIV--DEFENSE AGENCIES

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION AUTHORIZATIONS

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

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

TITLE XXXIV--NAVAL PETROLEUM RESERVES

TITLE XXXV--MARITIME ADMINISTRATION

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. National Guard and Reserve equipment.

Sec. 106. Rapid Acquisition Fund.

Subtitle B--Army Programs

Sec. 111. Restriction on obligation of funds for army tactical radio systems.

Sec. 112. Procurement of future combat systems spin out early-infantry brigade combat team equipment.

Subtitle C--Navy Programs

Sec. 121. Littoral combat ship program.

Sec. 122. Ford-class aircraft carrier report and limitation on use of funds.

Sec. 123. Advance procurement funding.

Sec. 124. Multiyear procurement authority for F/A-18E, F/A-18F, and EA-18G aircraft.

Sec. 125. Multiyear procurement authority for DDG-51 Burke-class destroyers.

Subtitle D--Air Force Programs

Sec. 131. Repeal of certification requirement for F-22A fighter aircraft.

Sec. 132. Preservation and storage of unique tooling for F-22 fighter aircraft.

Sec. 133. Report on 4.5 generation fighter procurement.

Sec. 134. Reports on strategic airlift aircraft.

Sec. 135. Strategic airlift force structure.

Sec. 136. Repeal of requirement to maintain certain retired C-130E aircraft.

Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor procurement.

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

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

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on obligation of funds for the Navy Next Generation Enterprise Network.

Sec. 212. Limitation on expenditure of funds for Joint Multi-Mission Submersible program.

Sec. 213. Separate program elements required for research and development of individual body armor and associated components.

Sec. 214. Separate procurement and research, development, test and evaluation line items and program elements for the F-35B and F-35C joint strike fighter aircraft.

Sec. 215. Restriction on obligation of funds pending submission of Selected Acquisition Report.

Sec. 216. Restriction on obligation of funds for Future Combat Systems program pending receipt of report.

Sec. 217. Limitation of the obligation of funds for the Net-Enabled Command and Control system.

Sec. 218. Limitation on obligation of funds for F-35 Lightning II program.

Sec. 219. Programs required to provide the Army with ground combat vehicle and self-propelled artillery capabilities.

Subtitle C--Missile Defense Programs

Sec. 221. Integrated Air and Missile Defense System project.

Sec. 222. Ground-based midcourse defense sustainment and modernization program.

Sec. 223. Limitation on availability of funds for acquisition or deployment of missile defenses in Europe.

Sec. 224. Sense of Congress reaffirming continued support for protecting the United States against limited ballistic missile attacks whether accidental, unauthorized, or deliberate.

Sec. 225. Ascent phase missile defense strategy.

Sec. 226. Availability of funds for a missile defense system for Europe and the United States.

Subtitle D--Reports

Sec. 231. Comptroller General assessment of coordination of energy storage device requirements and investments.

Sec. 232. Annual Comptroller General report on the F-35 Lightning II aircraft acquisition program.

Sec. 233. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities.

Sec. 234. Report on future research and development of man-portable and vehicle-mounted guided missile systems.

Subtitle E--Other Matters

Sec. 241. Access of the Director of the Test Resource Management Center to Department of Defense information.

Sec. 242. Inclusion in annual budget request and future-years defense program of sufficient amounts for continued development and procurement of competitive propulsion system for F-35 Lightning II.

Sec. 243. Establishment of program to enhance participation of historically black colleges and universities and minority-serving institutions in defense research programs.

Sec. 244. Extension of authority to award prizes for advanced technology achievements.

Sec. 245. Executive Agent for Advanced Energetics.

Sec. 246. Study on thorium-liquid fueled reactors for naval forces.

Sec. 247. Visiting NIH Senior Neuroscience Fellowship Program.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B--Environmental Provisions

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

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

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

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

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

Subtitle C--Workplace and Depot Issues

Sec. 321. Public-private competition required before conversion of any Department of Defense function performed by civilian employees to contractor performance.

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

Sec. 323. Inclusion of installation of major modifications in definition of depot-level maintenance and repair.

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

Sec. 325. Cost-benefit analysis of alternatives for performance of planned maintenance interval events and concurrent modifications performed on the AV-8B Harrier weapons system.

Sec. 326. Termination of certain public-private competitions for conversion of Department of Defense functions to performance by a contractor.

Sec. 327. Temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by a contractor.

Sec. 328. Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor.

Sec. 329. Amendments to bid protest procedures by Federal employees and agency officials in conversions of functions from performance by Federal employees to performance by a contractor.

Subtitle D--Energy Security

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

Sec. 332. Report on implementation of Comptroller General recommendations on fuel demand management at forward-deployed locations.

Sec. 333. Consideration of renewable fuels.

Sec. 334. Department of Defense goal regarding procurement of renewable aviation fuels.

Subtitle E--Reports

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

Subtitle F--Other Matters

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

Sec. 352. Requirements for standard ground combat uniform.

Sec. 353. Restriction on use of funds for counterthreat finance efforts.

Sec. 354. Limitation on obligation of funds pending submission of classified justification material.

Sec. 355. Condition-based maintenance demonstration programs.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

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

Sec. 403. Additional authority for increases of Army active duty end strengths for fiscal years 2011 and 2012.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

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

Sec. 416. Submission of options for creation of Trainees, Transients, Holdees, and Students account for Army National Guard.

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

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

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Military Personnel Policy Generally

Sec. 501. Extension of temporary increase in maximum number of days' leave members may accumulate and carryover.

Sec. 502. Rank requirement for officer serving as Chief of the Navy Dental Corps to correspond to Army and Air Force requirements.

Sec. 503. Computation of retirement eligibility for enlisted members of the Navy who complete the Seaman to Admiral (STA-21) officer candidate program.

Subtitle B--Joint Qualified Officers and Requirements

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

Subtitle C--General Service Authorities

Sec. 521. Medical examination required before separation of members diagnosed with or asserting post-traumatic stress disorder or traumatic brain injury.

Sec. 522. Evaluation of test of utility of test preparation guides and education programs in improving qualifications of recruits for the Armed Forces.

Sec. 523. Inclusion of email address on Certificate of Release or Discharge from Active Duty (DD Form 214).

Subtitle D--Education and Training

Sec. 531. Appointment of persons enrolled in Advanced Course of the Army Reserve Officers' Training Corps at military junior colleges as cadets in Army Reserve or Army National Guard of the United States.

Sec. 532. Increase in number of private sector civilians authorized for admission to National Defense University.

Sec. 533. Appointments to military service academies from nominations made by Delegate from the Commonwealth of the Northern Mariana Islands.

Sec. 534. Pilot program to establish and evaluate Language Training Centers for members of the Armed Forces and civilian employees of the Department of Defense.

Sec. 535. Use of Armed Forces Health Professions Scholarship and Financial Assistance program to increase number of health professionals with skills to assist in providing mental health care.

Sec. 536. Establishment of Junior Reserve Officer's Training Corps units for students in grades above sixth grade.

Subtitle E--Defense Dependents' Education

Sec. 551. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 552. Determination of number of weighted student units for local educational agencies for receipt of basic support payments under impact aid.

Sec. 553. Permanent authority for enrollment in defense dependents' education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe.

Subtitle F--Missing or Deceased Persons

Sec. 561. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing in conflicts occurring before enactment of new system for accounting for missing persons.

Sec. 562. Clarification of guidelines regarding return of remains and media access at ceremonies for the dignified transfer of remains at Dover Air Force Base.

Subtitle G--Decorations and Awards

Sec. 571. Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation.

Sec. 572. Authorization and request for award of Medal of Honor to Anthony T. Koho'ohanohano for acts of valor during the Korean War.

Sec. 573. Authorization and request for award of distinguished-service cross to Jack T. Stewart for acts of valor during the Vietnam War.

Sec. 574. Authorization and request for award of distinguished-service cross to William T. Miles, Jr., for acts of valor during the Korean War.

Subtitle H--Military Families

Sec. 581. Pilot program to secure internships for military spouses with Federal agencies.

Sec. 582. Report on progress made in implementing recommendations to reduce domestic violence in military families.

Sec. 583. Modification of Servicemembers Civil Relief Act regarding termination or suspension of service contracts and effect of violation of interest rate limitation.

Sec. 584. Protection of child custody arrangements for parents who are members of the armed forces deployed in support of a contingency operation.

Sec. 585. Definitions in Family and Medical Leave Act of 1993 related to active duty, servicemembers, and related matters.

Subtitle I--Other Matters

Sec. 591. Navy grants to Naval Sea Cadet Corps.

Sec. 592. Improved response and investigation of allegations of sexual assault involving members of the Armed Forces.

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

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

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

Sec. 602. Special monthly compensation allowance for members with combat-related catastrophic injuries or illnesses pending their retirement or separation for physical disability.

Sec. 603. Stabilization of pay and allowances for senior enlisted members and warrant officers appointed as officers and officers reappointed in a lower grade.

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

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

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

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

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

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pay.

Sec. 616. One-year extension of authorities relating to payment of referral bonuses.

Sec. 617. Technical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses and similar benefits for certain members.

Sec. 618. Proration of certain special and incentive pays to reflect time during which a member satisfies eligibility requirements for the special or incentive pay.

Subtitle C--Travel and Transportation Allowances

Sec. 631. Transportation of additional motor vehicle of members on change of permanent station to or from nonforeign areas outside the continental United States.

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

Sec. 633. Authorized travel and transportation allowances for non-medical attendants for very seriously and seriously wounded, ill, or injured members.

Sec. 634. Increased weight allowance for transportation of baggage and household effects for certain enlisted members.

Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement.

Sec. 642. Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement.

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

Sec. 651. Additional exception to limitation on use of appropriated funds for Department of Defense golf courses.

Sec. 652. Limitation on Department of Defense entities offering personal information services to members and their dependents.

Sec. 653. Report on impact of purchasing from local distributors all alcoholic beverages for resale on military installations on Guam.

Subtitle F--Other Matters

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

Sec. 662. Army authority to provide additional recruitment incentives.

Sec. 663. Benefits under Post-Deployment/Mobilization Respite Absence program for certain periods before implementation of program.

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

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

Sec. 701. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions.

Sec. 702. Chiropractic health care for members on active duty.

Sec. 703. Expansion of survivor eligibility under TRICARE dental program.

Sec. 704. TRICARE standard coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are not yet age 60.

Sec. 705. Cooperative health care agreements between military installations and non-military health care systems.

Sec. 706. Health care for members of the reserve components.

Sec. 707. National casualty care research center.

Subtitle B--Reports

Sec. 711. Report on post-traumatic stress disorder efforts.

Sec. 712. Report on the feasibility of TRICARE Prime in certain commonwealths and territories of the United States.

Sec. 713. Report on the health care needs of military family members.

Sec. 714. Report on stipends for members of reserve components for health care for certain dependents.

Sec. 715. Report on the required number of military mental health providers.

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

Subtitle A--Acquisition Policy and Management

Sec. 801. Temporary authority to acquire products and services produced in countries along a major route of supply to Afghanistan; Report.

Sec. 802. Assessment of improvements in service contracting.

Sec. 803. Display of annual budget requirements for procurement of contract services and related clarifying technical amendments.

Sec. 804. Demonstration authority for alternative acquisition process for defense information technology programs.

Sec. 805. Limitation on performance of product support integrator functions.

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

Sec. 811. Revision of Defense Supplement relating to payment of costs prior to definitization.

Sec. 812. Revisions to definitions relating to contracts in Iraq and Afghanistan.

Sec. 813. Amendment to notification requirements for awards of single source task or delivery orders.

Sec. 814. Clarification of uniform suspension and debarment requirement.

Sec. 815. Extension of authority for use of simplified acquisition procedures for certain commercial items.

Sec. 816. Revision to definitions of major defense acquisition program and major automated information system.

Sec. 817. Small Arms Production Industrial Base.

Sec. 818. Publication of justification for bundling of contracts of the Department of Defense.

Sec. 819. Contract authority for advanced component development or prototype units.

Subtitle C--Other Matters

Sec. 821. Enhanced expedited hiring authority for defense acquisition workforce positions.

Sec. 822. Acquisition Workforce Development Fund amendments.

Sec. 823. Reports to Congress on full deployment decisions for major automated information system programs.

Sec. 824. Requirement for Secretary of Defense to deny award and incentive fees to companies found to jeopardize health or safety of Government personnel.

Sec. 825. Authorization for actions to correct the industrial resource shortfall for high-purity beryllium metal in amounts not in excess of $85,000,000.

Sec. 826. Review of post employment restrictions applicable to the Department of Defense.

Sec. 827. Requirement to buy military decorations, ribbons, badges, medals, insignia, and other uniform accouterments produced in the United States.

Sec. 828. Findings and report on the usage of rare earth materials in the defense supply chain.

Sec. 829. Furniture standards.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Role of commander of special operations command regarding personnel management policy and plans affecting special operations forces.

Sec. 902. Special operations activities.

Sec. 903. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.

Sec. 904. Authority to allow private sector civilians to receive instruction at Defense Cyber Investigations Training Academy of the Defense Cyber Crime Center.

Sec. 905. Organizational structure of the Office of the Assistant Secretary of Defense for Health Affairs and the TRICARE Management Activity.

Sec. 906. Requirement for Director of Operational Energy Plans and Programs to report directly to Secretary of Defense.

Sec. 907. Increased flexibility for Combatant Commander Initiative Fund.

Sec. 908. Repeal of requirement for a Deputy Under Secretary of Defense for Technology Security Policy within the Office of the Under Secretary of Defense for Policy.

Sec. 909. Recommendations to Congress by members of Joint Chiefs of Staff.

Subtitle B--Space Activities

Sec. 911. Submission and review of space science and technology strategy.

Sec. 912. Converting the space surveillance network pilot program to a permanent program.

Subtitle C--Intelligence-Related Matters

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

Subtitle D--Other Matters

Sec. 931. Joint Program Office for Cyber Operations Capabilities.

Sec. 932. Defense Integrated Military Human Resources System Transition Council.

Sec. 933. Department of Defense School of Nursing revisions.

Sec. 934. Report on special operations command organization, manning, and management.

Sec. 935. Study on the recruitment, retention, and career progression of uniformed and civilian military cyber operations personnel.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Incorporation of funding decisions into law.

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

Sec. 1011. One-year extension of Department of Defense counter-drug authorities and requirements.

Sec. 1012. Joint task forces support to law enforcement agencies conducting counter-terrorism activities.

Sec. 1013. Border coordination centers in Afghanistan and Pakistan.

Sec. 1014. Comptroller General report on effectiveness of accountability measures for assistance from counter-narcotics central transfer account.

Subtitle C--Miscellaneous Authorities and Limitations

Sec. 1021. Operational procedures for experimental military prototypes.

Sec. 1022. Temporary reduction in minimum number of operational aircraft carriers.

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

Sec. 1024. Charter for the National Reconnaissance Office.

Subtitle D--Studies and Reports

Sec. 1031. Report on statutory compliance of the report on the 2009 quadrennial defense review.

Sec. 1032. Report on the force structure findings of the 2009 quadrennial defense review.

Sec. 1033. Sense of Congress and amendment relating to quadrennial defense review.

Sec. 1034. Strategic review of basing plans for United States European Command.

Sec. 1035. National Defense Panel.

Sec. 1036. Report required on notification of detainees of rights under Miranda v. Arizona.

Sec. 1037. Annual report on the electronic warfare strategy of the Department of Defense.

Sec. 1038. Studies to analyze alternative models for acquisition and funding of technologies supporting network-centric operations.

Subtitle E--Other Matters

Sec. 1041. Prohibition relating to propaganda.

Sec. 1042. Extension of certain authority for making rewards for combating terrorism.

Sec. 1043. Technical and clerical amendments.

Sec. 1044. Repeal of pilot program on commercial fee-for-service air refueling support for the Air Force.

Sec. 1045. Extension of sunset for congressional commission on the strategic posture of the United States.

Sec. 1046. Authorization of appropriations for payments to Portuguese nationals employed by the Department of Defense.

Sec. 1047. Combat air forces restructuring.

Sec. 1048. Sense of Congress honoring the Honorable Ellen O. Tauscher.

Sec. 1049. Sense of Congress concerning the disposition of Submarine NR-1.

Sec. 1050. Compliance with requirement for plan on the disposition of detainees at Naval Station, Guantanamo Bay, Cuba.

Sec. 1051. Sense of Congress regarding carrier air wing force structure.

Sec. 1052. Sense of Congress on Department of Defense financial improvement and audit readiness; plan.

Sec. 1053. Justice for victims of torture and terrorism.

Sec. 1054. Repeal of certain laws pertaining to the Joint Committee for the Review of Counterproliferation Programs of the United States.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority to employ individuals completing the National Security Education Program.

Sec. 1102. Authority for employment by Department of Defense of individuals who have successfully completed the requirements of the science, mathematics, and research for transformation (SMART) defense scholarship program.

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

Sec. 1104. Additional personnel authorities for the Special Inspector General for Afghanistan Reconstruction.

Sec. 1105. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Sec. 1106. Extension of certain benefits to Federal civilian employees on official duty in Pakistan.

Sec. 1107. Authority to expand scope of provisions relating to unreduced compensation for certain reemployed annuitants.

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

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

Sec. 1110. Modification to Department of Defense laboratory personnel authority.

Sec. 1111. Pilot program for the temporary exchange of information technology personnel.

Sec. 1112. Provisions relating to the National Security Personnel System.

Sec. 1113. Provisions relating to the Defense Civilian Intelligence Personnel System.

Sec. 1114. Sense of Congress on pay parity for Federal employees service at Joint Base McGuire/Dix/Lakehurst.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Modification and extension of authority for security and stabilization assistance.

Sec. 1202. Increase of authority for support of special operations to combat terrorism.

Sec. 1203. Modification of report on foreign-assistance related programs carried out by the Department of Defense.

Sec. 1204. Report on authorities to build the capacity of foreign military forces and related matters.

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

Sec. 1211. Limitation on availability of funds for certain purposes relating to Iraq.

Sec. 1212. Reauthorization of Commanders' Emergency Response Program.

Sec. 1213. Reimbursement of certain Coalition nations for support provided to United States military operations.

Sec. 1214. Pakistan Counterinsurgency Fund.

Sec. 1215. Program to provide for the registration and end-use monitoring of defense articles and defense services transferred to Afghanistan and Pakistan.

Sec. 1216. Reports on campaign plans for Iraq and Afghanistan.

Sec. 1217. Required assessments of United States efforts in Afghanistan.

Sec. 1218. Report on responsible redeployment of United States Armed Forces from Iraq.

Sec. 1219. Report on Afghan Public Protection Program.

Sec. 1220. Updates of report on command and control structure for military forces operating in Afghanistan.

Sec. 1221. Report on payments made by United States Armed Forces to residents of Afghanistan as compensation for losses caused by United States military operations.

Sec. 1222. Assessment and report on United States-Pakistan military relations and cooperation.

Sec. 1223. Required assessments of progress toward security and stability in Pakistan.

Sec. 1224. Repeal of GAO war-related reporting requirement.

Sec. 1225. Plan to govern the disposition of specified defense items in Iraq.

Sec. 1226. Civilian ministry of defense advisor program.

Sec. 1227. Report on the status of interagency coordination in the Afghanistan and Operation Enduring Freedom theater of operations.

Sec. 1228. Sense of Congress supporting United States policy for Afghanistan.

Sec. 1229. Analysis of required force levels and types of forces needed to secure southern and eastern regions of Afghanistan.

Subtitle C--Other Matters

Sec. 1231. NATO Special Operations Coordination Center.

Sec. 1232. Annual report on military power of the Islamic Republic of Iran.

Sec. 1233. Annual report on military and security developments involving the People's Republic of China.

Sec. 1234. Report on impacts of drawdown authorities on the Department of Defense.

Sec. 1235. Risk assessment of United States space export control policy.

Sec. 1236. Patriot air and missile defense battery in Poland.

Sec. 1237. Report on potential foreign military sales of the F-22A fighter aircraft to Japan.

Sec. 1238. Expansion of United States-Russian Federation joint center to include exchange of data on missile defense.

TITLE XIII--COOPERATIVE THREAT REDUCTION

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

Sec. 1302. Funding allocations.

Sec. 1303. Utilization of contributions to the Cooperative Threat Reduction Program.

Sec. 1304. National Academy of Sciences study of metrics for the Cooperative Threat Reduction Program.

Sec. 1305. Cooperative Threat Reduction program authority for urgent threat reduction activities.

Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts Program.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

Sec. 1403. Defense Health Program.

Sec. 1404. Chemical agents and munitions destruction, defense.

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

Sec. 1406. Defense Inspector General.

Subtitle B--National Defense Stockpile

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

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

Sec. 1413. Report on implementation of reconfiguration of the National Defense Stockpile.

Subtitle C--Armed Forces Retirement Home

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

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

Sec. 1501. Purpose.

Sec. 1502. Army procurement.

Sec. 1503. Joint Improvised Explosive Device Defeat Fund.

Sec. 1504. Limitation on obligation of funds for Joint Improvised Explosive Device Defeat Organization pending report to Congress.

Sec. 1505. Navy and Marine Corps procurement.

Sec. 1506. Air Force procurement.

Sec. 1507. Defense-wide activities procurement.

Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.

Sec. 1509. Research, development, test, and evaluation.

Sec. 1510. Operation and maintenance.

Sec. 1511. Working capital funds.

Sec. 1512. Military personnel.

Sec. 1513. Afghanistan Security Forces Fund.

Sec. 1514. Iraq Freedom Fund.

Sec. 1515. Other Department of Defense programs.

Sec. 1516. Limitations on Iraq Security Forces Fund.

Sec. 1517. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq.

Sec. 1518. Special transfer authority.

Sec. 1519. Treatment as additional authorizations.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

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

Sec. 2003. Effective date.

TITLE XXI--ARMY

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

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

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

TITLE XXII--NAVY

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

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

TITLE XXIII--AIR FORCE

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Extension of authorizations of certain fiscal year 2007 projects.

Sec. 2306. Extension of authorizations of certain fiscal year 2006 projects.

TITLE XXIV--DEFENSE AGENCIES

Subtitle A--Defense Agency Authorizations

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

Sec. 2402. Authorization of appropriations, Defense Agencies.

Sec. 2403. Modification of authority to carry out certain fiscal year 2008 project.

Sec. 2404. Modification of authority to carry out certain fiscal year 2009 project.

Sec. 2405. Extension of authorizations of certain fiscal year 2007 project.

Subtitle B--Chemical Demilitarization Authorizations

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

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

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

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

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

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

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

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

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

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Subtitle A--Authorizations

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

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

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

Subtitle B--Amendments to Base Closure and Related Laws

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

Subtitle C--Other Matters

Sec. 2721. Sense of Congress on ensuring joint basing recommendations do not adversely affect operational readiness.

Sec. 2722. Modification of closure instructions regarding Paul Doble Army Reserve Center, Portsmouth, New Hampshire.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Modification of unspecified minor construction authorities.

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

Sec. 2803. Authorized scope of work variations for military construction projects and military family housing projects.

Sec. 2804. Imposition of requirement that acquisition of reserve component facilities be authorized by law.

Sec. 2805. Report on Department of Defense contributions to States for acquisition, construction, expansion, rehabilitation, or conversion of reserve component facilities.

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

Sec. 2807. Expansion of First Sergeants Barracks Initiative.

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

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Imposition of requirement that leases of real property to the United States with annual rental costs of more than $750,000 be authorized by law.

Sec. 2812. Consolidation of notice-and-wait requirements applicable to leases of real property owned by the United States.

Sec. 2813. Clarification of authority of military departments to acquire low-cost interests in land and interests in land when need is urgent.

Sec. 2814. Modification of utility systems conveyance authority.

Sec. 2815. Decontamination and use of former bombardment area on island of Culebra.

Sec. 2816. Disposal of excess property of Armed Forces Retirement Home.

Sec. 2817. Acceptance of contributions to support cleanup efforts at former Almaden Air Force Station, California.

Sec. 2818. Limitation on establishment of Navy outlying landing fields.

Sec. 2819. Prohibition on outlying landing field at Sandbanks or Hale's Lake, North Carolina, for Oceana Naval Air Station.

Sec. 2820. Selection of military installations to serve as locations of brigade combat teams.

Subtitle C--Provisions Related to Guam Realignment

Sec. 2831. Role of Under Secretary of Defense for Policy in management and coordination of Department of Defense activities relating to Guam realignment.

Sec. 2832. Clarifications regarding use of special purpose entities to assist with Guam realignment.

Sec. 2833. Workforce issues related to military construction and certain other transactions on Guam.

Sec. 2834. Composition of workforce for construction projects funded through the Support for United States Relocation to Guam Account.

Sec. 2835. Interagency Coordination Group of Inspector Generals for Guam Realignment.

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

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

Subtitle D--Energy Security

Sec. 2841. Adoption of unified energy monitoring and management system specification for military construction and military family housing activities.

Sec. 2842. Department of Defense use of electric and hybrid motor vehicles.

Sec. 2843. Department of Defense goal regarding use of renewable energy sources to meet facility energy needs.

Sec. 2844. Comptroller General report on Department of Defense renewable energy initiatives.

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

Subtitle E--Land Conveyances

Sec. 2851. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, California.

Sec. 2852. Land conveyances, Naval Air Station, Barbers Point, Hawaii.

Sec. 2853. Modification of land conveyance, former Griffiss Air Force Base, New York.

Sec. 2854. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania.

Sec. 2855. Land conveyance, Naval Air Station Oceana, Virginia.

Sec. 2856. Land conveyance, Haines Tank Farm, Haines, Alaska.

Sec. 2857. Completion of land exchange and consolidation, Fort Lewis, Washington.

Subtitle F--Other Matters

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

Sec. 2872. Naming of child development center at Fort Leonard Wood, Missouri, in honor of Mr. S. Lee Kling.

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

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

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION AUTHORIZATIONS

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

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

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

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

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Energy security and assurance.

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Stockpile stewardship program.

Sec. 3112. Stockpile management program.

Sec. 3113. Plan for execution of stockpile stewardship and stockpile management programs.

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

Sec. 3115. Annual long-term plan for the modernization and refurbishment of the nuclear security complex.

Subtitle C--Reports

Sec. 3121. Comptroller General review of management and operations contract costs for national security laboratories.

Sec. 3122. Plan to ensure capability to monitor, analyze, and evaluate foreign nuclear weapons activities.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2010.

Sec. 3502. Liquidation of unused leave balance at the United States Merchant Marine Academy.

Sec. 3503. Adjunct professors.

Sec. 3504. Maritime loan guarantee program.

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

Sec. 3506. Technical corrections to State maritime academies student incentive program.

Sec. 3507. Limitation on disposal of interest in certain vessels.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

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TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.

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

(1) For aircraft, $4,828,632,000.

(2) For missiles, $1,320,109,000.

(3) For weapons and tracked combat vehicles, $2,500,952,000.

(4) For ammunition, $2,070,095,000.

(5) For other procurement, $9,762,539,000

Sec. 102. Navy and Marine Corps.

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

(1) For aircraft, $18,102,112,000.

(2) For weapons, including missiles and torpedoes, $3,453,455,000.

(3) For shipbuilding and conversion, $13,786,867,000.

(4) For other procurement, $5,689,176,000.

(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Marine Corps in the amount of $1,712,138,000.

(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement of ammunition for the Navy and the Marine Corps in the amount of $840,675,000.

Sec. 103. Air Force.

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

(1) For aircraft, $11,991,991,000.

(2) For ammunition, $822,462,000.

(3) For missiles, $6,211,628,000.

(4) For other procurement, $17,299,841,000.

Sec. 104. Defense-wide activities.

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

Sec. 105. National Guard and Reserve equipment.

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

Sec. 106. Rapid Acquisition Fund.

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

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Subtitle B--Army Programs

Sec. 111. Restriction on obligation of funds for army tactical radio systems.

(a) Limitation on Obligation of Funds- Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2010 for procurement, Army, may be obligated or expended for tactical radio systems.

(b) Exceptions- The limitation on obligation of funds in subsection (a) does not apply to the following:

(1) A tactical radio system that is approved by the joint program executive officer of the joint tactical radio system if the Secretary of Defense notifies the congressional defense committees in writing of such approval.

(2) A tactical radio system procured specifically to meet--

(A) an operational need (as described in Army Regulation 71-9 or a successor regulation); or

(B) a joint urgent operational need (as described in Chairman of the Joint Chiefs of Staff Instruction 3470.01 or a successor instruction).

(3) A tactical radio system for an unmanned ground vehicle system.

(4) Commercially available tactical radios with joint tactical radio system capabilities.

Sec. 112. Procurement of future combat systems spin out early-infantry brigade combat team equipment.

(a) Limitation on Low-Rate Initial Production Quantities- Notwithstanding section 2400 of title 10, United States Code, with respect to covered Future Combat Systems equipment, the Secretary of Defense may procure for low-rate initial production only such equipment that is necessary for one brigade.

(b) Limitation on Obligation of Funds- Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal years 2010 or 2011 for the procurement of covered Future Combat Systems equipment, the Secretary of Defense may obligate or expend funds only for the procurement of such equipment that is necessary for one brigade.

(c) Exception for Meeting Operational Need Statement Requirements- The limitation on low-rate initial production in subsection (a) and the limitation on obligation of funds in subsection (b) do not apply if the procurement of covered Future Combat Systems equipment is specifically intended to address an operational need statement requirement.

(d) Covered Future Combat Systems Equipment Defined- For the purposes of this section, the term `covered Future Combat Systems equipment' means the following:

(1) Future Combat Systems non-line of sight launcher systems.

(2) Future Combat Systems unattended ground sensors.

(3) Future Combat Systems class I unmanned aerial systems.

(4) Future Combat Systems small unmanned ground vehicles.

(5) Future Combat Systems integrated control system computers.

(6) Any vehicular kits needed to integrate and operate a system listed in paragraph (1), (2), (3), (4), or (5).

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Subtitle C--Navy Programs

Sec. 121. Littoral combat ship program.

(a) Limitation of Costs- Except as provided in subsection (b) or (c), of the amounts authorized to be appropriated in this Act or otherwise made available for fiscal year 2010 or any fiscal year thereafter for the procurement of Littoral Combat Ship vessels, not more than $460,000,000 may be obligated or expended for each vessel procured (not including amounts obligated or expended for elements designated by the Secretary of the Navy as a mission package).

(b) Specific Requirement for Fiscal Year 2010- Of the amounts authorized to be appropriated in this Act or otherwise made available for fiscal year 2010 or any fiscal year thereafter for shipbuilding conversion, Navy, the Secretary of the Navy may obligate not more than $80,000,000 to produce a technical data package for each type of Littoral Combat Ship vessel, if the Secretary--

(1) is unable to--

(A) submit to the congressional defense committees a certification under subsection (g) during fiscal year 2010; and

(B) enter into a contract for the construction of a Littoral Combat Ship vessel in fiscal year 2010 because of the limitation of costs in section 124 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3157), as amended; or

(2) is unable to enter into a contract for the construction of a Littoral Combat Ship vessel in fiscal year 2010 because of the limitation of costs in subsection (a) after submitting to the congressional defense committees a certification under subsection (g).

(c) Adjustment of Limitation Amount- With respect to the procurement of a Littoral Combat Ship vessel referred to in subsection (a), the Secretary may adjust the amount set forth in such subsection by the following:

(1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2009.

(2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2009.

(3) The amounts of outfitting costs and post-delivery costs incurred for the vessel.

(4) The amounts of increases or decreases in costs attributable to the insertion of new technology into the vessel, as compared to the technology used in the first and second Littoral Combat Ship vessels procured by the Secretary, if the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology--

(A) would lower the life-cycle cost of the vessel; or

(B) is required to meet an emerging threat and the Secretary of Defense certifies to those committees that such threat poses grave harm to national security.

(d) Annual Reports- At the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for each fiscal year, the Secretary shall submit to the congressional defense committees a report on Littoral Combat Ship vessels. Such report shall include the following:

(1) Written notice of any change in the amount set forth in subsection (a) that is made under subsection (c).

(2) Information, current as of the date of the report, regarding--

(A) the content of any element of the vessels that is designated as a mission package;

(B) the estimated cost of any such element; and

(C) the total number of such elements anticipated.

(3) Actual and estimated costs associated with--

(A) the material and equipment for basic construction of each vessel; and

(B) the material and equipment for propulsion, weapons, and communications systems of each vessel.

(4) Actual and estimated man-hours of labor and labor rates associated with each vessel being procured (listed separately from any other man-hours and labor rates data).

(5) Actual and estimated fees paid to contractors for meeting contractually obligated cost and schedule performance milestones.

(e) Definitions- In this section:

(1) The term `mission package' means the interchangeable combat systems that deploy with a Littoral Combat Ship vessel.

(2) The term `technical data package' means a compilation of detailed engineering plans for construction of a Littoral Combat Ship vessel.

(f) Conforming Repeal- Section 124 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) is repealed.

(g) Effective Date-

(1) LIMITATION ON COSTS- Subsections (a) and (c) shall take effect on the date that is 15 days after the date on which the Secretary of the Navy certifies in writing to the congressional defense committees the following:

(A) The Secretary has accepted delivery of the USS Freedom (LCS 1) and the USS Independence (LCS 2) following successful completion of acceptance trials.

(B) The repeal of section 124 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3157) made by subsection (f) is necessary for the Secretary to--

(i) award a contract for a Littoral Combat Ship vessel in fiscal year 2010; and

(ii) maintain sufficient government oversight of the Littoral Combat Ship vessel program.

(C) The Secretary has conducted a thorough analysis of the requirements for the performance, system, and design of both Littoral Combat Ship variants and determined that further changes to such requirements will not reduce--

(i) the cost of either such variant; and

(ii) the warfighting utility of such vessel.

(D) A construction contract for a Littoral Combat Ship vessel in fiscal year 2010 will be awarded only to a contractor that--

(i) with respect to a contract for the Littoral Combat Ship vessel awarded in fiscal year 2009--

(I) is maintaining excellent cost and schedule performance; and

(II) the Secretary determines that the affordability and efficiency of the construction of such a vessel are improving at a satisfactory rate; and

(ii) based on the data available from the developmental and operational assessment testing of such contractor's vessel and associated mission packages, the Secretary, in consultation with the Chief of Naval Operations, has determined that it is in the best interest of the Navy to procure such additional Littoral Combat Ship vessels prior to the completion of operational test and evaluation.

(E) With respect to funds that are available for shipbuilding and conversion, Navy, for fiscal year 2010 for the procurement of Littoral Combat Ship vessels--

(i) such funds are sufficient to award contracts for three additional Littoral Combat Ship vessels; or

(ii) if such funds are insufficient to award contracts for three additional Littoral Combat Ship vessels, the Secretary has the ability to promote competition for the Littoral Combat Ship vessels that are procured in order to ensure the best value to the Government.

(2) REPEAL- The repeal of section 124 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3157) made by subsection (f) shall take effect on the date that is 15 days after the date on which the certification under paragraph (1) is received by the congressional defense committees.

Sec. 122. Ford-class aircraft carrier report and limitation on use of funds.

(a) Report Required- Not later than February 1, 2010, the Secretary of the Navy shall submit to the congressional defense committees a report on the effects of using a five-year interval for the construction of Ford-class aircraft carriers. The report shall include, at a minimum, an assessment of the effects of such interval on the following:

(1) With respect to the supplier base--

(A) the viability of the base, including suppliers exiting the market or other potential reductions in competition; and

(B) cost increases to the Ford-class aircraft carrier program.

(2) Training of individuals in trades related to ship construction.

(3) Loss of expertise associated with ship construction.

(4) The costs of--

(A) any additional technical support or production planning associated with the start of construction;

(B) material and labor;

(C) overhead; and

(D) other ship construction programs, including the costs of existing and future contracts.

(b) Limitation on Use of Funds- With respect to the aircraft carrier designated CVN-79, none of the amounts authorized to be appropriated for fiscal year 2010 for research, development, test, and evaluation or advance procurement for such aircraft carrier may be obligated or expended for activities that would limit the ability of the Secretary of the Navy to award a construction contract for--

(1) such aircraft carrier in fiscal year 2012; or

(2) the aircraft carrier designated CVN-80 in fiscal year 2016.

Sec. 123. Advance procurement funding.

(a) Advance Procurement- With respect to a naval vessel for which amounts are authorized to be appropriated or otherwise made available for fiscal year 2010 or any fiscal year thereafter for advance procurement in shipbuilding and conversion, Navy, the Secretary of the Navy may enter into a contract, in advance of a contract for construction of any vessel, for any of the following:

(1) Components, parts, or materiel.

(2) Production planning and other related support services that reduce the overall procurement lead time of such vessel.

(b) Aircraft Carrier Designated CVN-79- With respect to components of the aircraft carrier designated CVN-79 for which amounts are authorized to be appropriated or otherwise made available for fiscal year 2010 or any fiscal year thereafter for advance procurement in shipbuilding and conversion, Navy, the Secretary of the Navy may enter into a contract for the advance construction of such components if the Secretary determines that cost savings, construction efficiencies, or workforce stability may be achieved for such aircraft carrier through the use of such contracts.

(c) Condition of Out-Year Contract Payments- A contract entered into under subsection (b) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2010 is subject to the availability of appropriations for that purpose for such fiscal year.

Sec. 124. Multiyear procurement authority for F/A-18E, F/A-18F, and EA-18G aircraft.

(a) Authority for Multiyear Procurement- Notwithstanding paragraphs (1) and (7) of section 2306b(i) of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract, beginning with the fiscal year 2010 program year, for the procurement of F/A-18E, F/A-18F, or EA-18G aircraft and Government-furnished equipment associated with such aircraft.

(b) Report of Findings- Not less than 30 days before the date on which a contract is awarded under subsection (a), the Secretary of the Navy shall submit to the congressional defense committees a report containing the findings required under subsection (a) of section 2306b of title 10, United States Code.

Sec. 125. Multiyear procurement authority for DDG-51 Burke-class destroyers.

(a) Authority for Multiyear Procurement- Notwithstanding paragraphs (1) and (7) of section 2306b(i) of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract, beginning with the fiscal year 2010 program year, for the procurement of DDG-51 Burke-class destroyers and Government-furnished equipment associated with such destroyers.

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Subtitle D--Air Force Programs

Sec. 131. Repeal of certification requirement for F-22A fighter aircraft.

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

Sec. 132. Preservation and storage of unique tooling for F-22 fighter aircraft.

(a) Plan- The Secretary of the Air Force shall develop a plan for the preservation and storage of unique tooling related to the production of hardware and end items for F-22 fighter aircraft. The plan shall--

(1) ensure that the Secretary preserves and stores such tooling in a manner that allows the production of such hardware and end items to be restarted after a period of idleness;

(2) with respect to the supplier base of such hardware and end items, identify the costs of restarting production; and

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

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

Sec. 133. Report on 4.5 generation fighter procurement.

(a) In General- Not later than 90 days after the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on 4.5 generation fighter aircraft procurement. The report shall include the following:

(1) The number of 4.5 generation fighter aircraft for procurement for fiscal years 2011 through 2025 necessary to fulfill the requirement of the Air Force to maintain not less than 2,200 tactical fighter aircraft.

(2) The estimated procurement costs for those aircraft if procured through single year procurement contracts.

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

(4) The estimated savings that could be derived from the procurement of those aircraft through a multiyear procurement contract, and whether the Secretary determines the amount of those savings to be substantial.

(5) A discussion comparing the costs and benefits of obtaining those aircraft through annual procurement contracts with the costs and benefits of obtaining those aircraft through a multiyear procurement contract.

(6) A discussion regarding the availability and feasibility of F-35s in fiscal years 2015 through fiscal year 2025 to proportionally and concurrently recapitalize the Air National Guard.

(7) The recommendations of the Secretary regarding whether Congress should authorize a multiyear procurement contract for 4.5 generation fighter aircraft.

(b) Certifications- If the Secretary recommends under subsection (a)(7) that Congress authorize a multiyear procurement contract for 4.5 generation fighter aircraft, the Secretary shall submit to Congress the certifications required by section 2306b of title 10, United States Code, at the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for fiscal year 2011.

(c) 4.5 Generation Fighter Aircraft Defined- In this section, the term `4.5 generation fighter aircraft' means current fighter aircraft, including the F-15, F-16, and F-18, that--

(1) have advanced capabilities, including--

(A) AESA radar;

(B) high capacity data-link; and

(C) enhanced avionics; and

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

Sec. 134. Reports on strategic airlift aircraft.

At least 120 days before the date on which a C-5 aircraft is retired, the Secretary of the Air Force, in coordination with the Director of the Air National Guard, shall submit to the congressional defense committees a report on the proposed force structure and basing of strategic airlift aircraft (as defined in section 8062(g)(2) of title 10, United States Code). Each report shall include the following:

(1) A list of each aircraft in the inventory of strategic airlift aircraft, including for each such aircraft--

(A) the type;

(B) the variant; and

(C) the military installation where such aircraft is based.

(2) A list of each strategic airlift aircraft proposed for retirement, including for each such aircraft--

(A) the type;

(B) the variant; and

(C) the military installation where such aircraft is based.

(3) A list of each unit affected by a proposed retirement listed under paragraph (2) and how such unit is affected.

(4) For each military installation listed under paragraph (2)(C), any changes to the mission of the installation as a result of a proposed retirement.

(5) Any anticipated reductions in manpower as a result of a proposed retirement listed under paragraph (2).

(6) Any anticipated increases in manpower or military construction at a military installation as a result of an increase in force structure related to a proposed retirement listed under paragraph (2).

Sec. 135. Strategic airlift force structure.

Subsection (g)(1) of section 8062 of title 10, United States Code, is amended--

(1) by striking `2008' and inserting `2009'; and

(2) by striking `299' and inserting `316'.

Sec. 136. Repeal of requirement to maintain certain retired C-130E aircraft.

Section 134 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 31) is amended--

(1) by striking subsection (c);

(2) by redesignating subsection (d) as subsection (c); and

(3) in subsection (b), by striking `subsection (d)' and inserting `subsection (c)'.

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Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor procurement.

(a) Procurement- The Secretary of Defense shall ensure that body armor is procured using funds authorized to be appropriated by this title.

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

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

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

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

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Department of Defense for research, development, test, and evaluation as follows:

(1) For the Army, $10,506,731,000.

(2) For the Navy, $19,622,528,000.

(3) For the Air Force, $28,508,561,000.

(4) For Defense-wide activities, $21,016,672,000, of which $190,770,000 is authorized for the Director of Operational Test and Evaluation.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on obligation of funds for the Navy Next Generation Enterprise Network.

(a) Limitation- Of the amounts authorized to be appropriated described in subsection (b), not more than 50 percent of the amounts remaining unobligated as of the date of the enactment of this Act may be obligated until the Secretary of the Navy submits to the congressional defense committees a detailed architectural specification for the Next Generation Enterprise Network.

(b) Covered Authorizations or Appropriations- The amounts authorized to be appropriated described in this subsection are amounts authorized to be appropriated for fiscal year 2010 for--

(1) operation and maintenance for the Continuity of Service Contract for the Navy-Marine Corps Intranet; and

(2) research, development, test, and evaluation for the Next Generation Enterprise Network.

Sec. 212. Limitation on expenditure of funds for Joint Multi-Mission Submersible program.

None of the funds authorized to be appropriated by this or any other Act for fiscal year 2010 may be obligated or expended for the Joint Multi-Mission Submersible program until the Secretary of Defense, in consultation with the Director of National Intelligence--

(1) completes an assessment on the feasibility of a cost-sharing agreement between the Department of Defense and the intelligence community (as that term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))), for the Joint Multi-Mission Submersible program;

(2) submits to the congressional defense committees and the intelligence committees the assessment referred to in paragraph (1); and

(3) certifies to the congressional defense committees and the intelligence committees that the agreement developed pursuant to the assessment referred to in paragraph (1) represents the most effective and affordable means of delivery for meeting a validated program requirement.

Sec. 213. Separate program elements required for research and development of individual body armor and associated components.

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

Sec. 214. Separate procurement and research, development, test and evaluation line items and program elements for the F-35B and F-35C joint strike fighter aircraft.

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

Sec. 215. Restriction on obligation of funds pending submission of Selected Acquisition Report.

(a) Restriction on Obligation of Funds- Of the amounts authorized to be appropriated for fiscal year 2010 for Research and Development, Army, for the defense acquisition programs specified in subsection (b), not more than 50 percent may be obligated prior to the date on which the Secretary of Defense submits to the congressional defense committees the comprehensive annual Selected Acquisition Report for each such program for fiscal year 2009, as required by section 2432 of title 10, United States Code.

(b) Programs Specified- The defense acquisition programs specified in this subsection are the following:

(1) Future Combat Systems program.

(2) Warfighter information network tactical program.

(3) Stryker vehicle program.

(4) Joint Air-to-Ground Missile program.

(5) Bradley Base Sustain program.

(6) Abrams Tank Improvement program.

(7) Javelin program.

Sec. 216. Restriction on obligation of funds for Future Combat Systems program pending receipt of report.

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

Sec. 217. Limitation of the obligation of funds for the Net-Enabled Command and Control system.

(a) Limitation- Of the amounts authorized to be appropriated described in subsection (b), not more than 25 percent of the amounts remaining unobligated as of the date of the enactment of this Act may be obligated until the Secretary of Defense submits to the congressional defense committees a plan for reorganizing and consolidating the management of the Net-Enabled Command and Control system and the Global Command and Control System family of systems.

(b) Covered Authorizations or Appropriations- The amounts authorized to be appropriated described in this subsection are amounts authorized to be appropriated for fiscal year 2010 for the Net-Enabled Command and Control system in the following program elements:

(1) 33158k.

(2) 33158a.

(3) 33158n.

(4) 33158m.

(5) 33158f.

Sec. 218. Limitation on obligation of funds for F-35 Lightning II program.

Of the amounts authorized to be appropriated or otherwise made available for fiscal year 2010 for research, development, test, and evaluation for the F-35 Lightning II program, not more than 75 percent may be obligated until the date that is 15 days after the later of the following dates:

(1) The date on which the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees certification in writing that all funds made available for fiscal year 2010 for the continued development and procurement of a competitive propulsion system for the F-35 Lightning II have been obligated.

(2) The date on which the Secretary of Defense submits to the congressional defense committees the report required by section 123 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4376).

(3) The date on which the Secretary of Defense submits to the congressional defense committees the annual plan and certification for fiscal year 2010 required by section 231a of title 10, United States Code.

Sec. 219. Programs required to provide the Army with ground combat vehicle and self-propelled artillery capabilities.

(a) Program Required- In accordance with the Weapons Systems Acquisition Reform Act of 2009 (Public Law 111-43), the Secretary of Defense shall carry out programs to develop, test, and, when demonstrated operationally effective, suitable, survivable, and affordable, field new or upgraded Army ground combat vehicle and self-propelled artillery capabilities.

(b) Report Required- Not later than February 1, 2010, the Secretary of Defense shall deliver a report to the congressional defense committees that--

(1) specifies what vehicles, or upgraded vehicles, will constitute the Army's ground combat vehicle fleet in 2015;

(2) includes the status, schedule, cost estimates, and requirements for the programs specified in paragraph (1);

(3) includes any Army force structure modifications planned that impact the requirements for new ground combat vehicles;

(4) specifies, for each program included, the alternatives considered during any analysis of alternatives, and why those alternatives were not selected as the preferred program option;

(5) quantifies and describes the loss of knowledge to the industrial base should a future self-propelled artillery cannon not be developed immediately following the cancellation of the Non-Line-of-Sight Cannon, a Manned Ground Vehicle of Future Combat Systems; and

(6) with respect to the Army's future self-propelled howitzer artillery fleet, explains the Army's plan to develop and field--

(A) automated ammunition handling;

(B) laser ignition;

(C) improved ballistic accuracy;

(D) automated crew compartments;

(E) hybrid-electric power; and

(F) band track.

(c) Restriction on Use of Funds- Of the amounts authorized to be appropriated under this Act for research, test, development, and evaluation for the Army for the program elements specified in subsection (d), not more than 50 percent may be obligated or expended until 15 days after the Secretary of Defense submits the report required under subsection (b).

(d) Programs Specified- The restriction on use of funds in subsection (c) covers the following Army program elements:

(1) Combat Vehicle Improvement Program, program element 0203735A.

(2) Advanced Tank Armament System, program element 0603653A.

(3) Artillery Systems, program element 0604854A.

Subtitle C--Missile Defense Programs

Sec. 221. Integrated Air and Missile Defense System project.

Of the amounts authorized to be appropriated for research and development of the Army Integrated Air and Missile Defense project (program element 63327A), not more than 25 percent may be obligated until the Secretary of Defense has certified to the congressional defense committees that the Secretary has--

(1) carried out a review of the project;

(2) determined that the project is an affordable, executable project;

(3) determined that the project meets a current required capability; and

(4) determined that no other project could be executed, at a lower cost, that would be capable of fulfilling the required capability to the same or approximate level of effectiveness as the Army Integrated Air and Missile Defense project.

Sec. 222. Ground-based midcourse defense sustainment and modernization program.

(a) Program Required- The Secretary of Defense shall carry out a sustainment and modernization program to ensure the long-term reliability, availability, maintainability, and supportability of the ground-based midcourse defense system to protect the United States against limited ballistic missile attacks whether accidental, unauthorized, or deliberate.

(b) Program Elements- The program required by subsection (a) shall include each of the following elements:

(1) Sustainment and operations.

(2) Aging and surveillance.

(3) System and component level assessments, engineering analysis, and modeling and simulation.

(4) Ground and flight testing.

(5) Readiness exercises.

(6) Modernization and enhancement.

(7) Any other element the Secretary determines is appropriate.

(c) Consultation- In implementing the program required by subsection (a), the Secretary of Defense shall consult with the commanders of the appropriate combatant commands to ensure the sustainment and modernization requirements of such commands are reflected in such program.

(d) Budget Submission Requirement- For each budget submitted by the President to Congress under section 1105 of title 31, the Secretary of Defense shall concurrently submit to the congressional defense committees a report that clearly identifies the amounts requested for each of the program elements referred to in subsection (b).

(e) Report- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report outlining the long-term sustainment and modernization plan of the Department of Defense for the ground-based midcourse defense system.

Sec. 223. Limitation on availability of funds for acquisition or deployment of missile defenses in Europe.

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

Sec. 224. Sense of Congress reaffirming continued support for protecting the United States against limited ballistic missile attacks whether accidental, unauthorized, or deliberate.

(a) Findings- Congress makes the following findings:

(1) Congress passed and the President signed the National Missile Defense Act of 1999 (Public Law 106-38), which stated: `It is the policy of the United States to deploy as soon as is technologically possible an effective National Missile Defense system capable of defending the territory of the United States against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).

(2) The United States has thus far deployed 26 long-range, Ground-based, Midcourse Defense (GMD) interceptors in Alaska and California to defend against potential long-range missiles from rogue states such as North Korea.

(3) Congress has fully funded the President's budget request for the GMD sites in Alaska and California in fiscal years 2008 and 2009, as well as continued development of the Standard Missile-3 Block IIA missile with Japan, which will provide the Aegis Ballistic Missile Defense system the capability to engage long-range ballistic missiles like the North Korean Taepo Dong-2.

(4) Senior defense and intelligence officials have indicated that the threat to the United States from long-range missiles from rogue states is limited.

(5) Senior military officials have testified that the original threat assessments of the long-range missile threat made by the Missile Defense Agency in 2002 were `off by a factor of 10 or 20'.

(6) It is imperative that missile defense force structure and inventory be linked to the most likely threats and validated military requirements.

(7) The Secretary of Defense, the Chairman of the Joint Chiefs, the Commander of the United States Strategic Command's Joint Functional Component Command for Integrated Missile Defense, and the Director of the Missile Defense Agency have either testified or stated that 30 operationally deployed GMD interceptors would be adequate to defend against any rogue missile threat to the United States in the near- to mid-term.

(8) The Director of the Missile Defense Agency testified that, for the first time since the establishment of the Missile Defense Agency in 2002, key elements of the Department of Defense, such as the combatant commanders and the military services, played a major role in shaping the missile defense budget for fiscal year 2010.

(9) There is currently no existing military requirement justifying the need to deploy 44 GMD interceptors, nor has that number been validated by the Department of Defense's requirements process.

(10) In testimony before Congress this year, the Director of the Missile Defense Agency indicated that a number of GMD interceptors were removed from their silos for unscheduled maintenance and refurbishment because of unanticipated problems with the interceptors were discovered.

(b) Sense of Congress- It is the sense of Congress that the United States--

(1) reaffirms the principles articulated in the National Missile Defense Act of 1999;

(2) should continue to fund robust research, development, test, and evaluation of the current GMD system deployed in Alaska in California to ensure that the system will work in an operationally effective, suitable, maintainable, and survivable manner to defend the territory of the United States against limited ballistic missile attack (whether accidental, unauthorized, or deliberate);

(3) should continue the development of the Standard Missile-3 Block IIA missile with Japan, which will provide the Aegis Ballistic Missile Defense system a capability to counter long-range ballistic missiles like the North Korean Taepo Dong-2; and

(4) should set future missile defense force structure and inventory requirements based on a clear linkage to the threat and the military requirements process that takes into account the views of key Department of Defense stakeholders such as the combatant commanders and the military services.

Sec. 225. Ascent phase missile defense strategy.

(a) Department of Defense Strategy for Ascent Phase Missile Defense- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy for ascent phase missile defense.

(b) Matters Included- The strategy required by subsection (a) shall include each of the following:

(1) A description of the programs and activities contained, as of the date of the submission of the strategy, in the program of record of the Missile Defense Agency that provide or are planned to provide a capability to intercept ballistic missiles in their ascent phase.

(2) A description of the capabilities that are needed to accomplish the intercept of ballistic missiles in their ascent phase, including--

(A) the key technologies and associated technology readiness levels, plans for maturing such technologies, and any technology demonstrations for such capabilities;

(B) concepts of operation for how ascent phase capabilities would be employed, including the dependence of such capabilities on, and integration with, other functions, capabilities, and information, including those provided by other elements of the ballistic missile defense system;

(C) the criteria to be used to assess the technical progress, suitability, and effectiveness of such capabilities;

(D) a comprehensive plan for development and investment in such capabilities, including an identification of specific program and technology investments to be made in such capabilities;

(E) a description of how, and to what extent, ascent phase missile defense can leverage the capabilities and investments made in boost phase, midcourse, and any other layer or elements of the ballistic missile defense system;

(F) a description of any other challenges or limitations associated with ascent phase missile defense; and

(G) any other information the Secretary determines is necessary.

(c) Form- The strategy shall be submitted in unclassified form, but may include a classified annex.

Sec. 226. Availability of funds for a missile defense system for Europe and the United States.

(a) Findings- Congress makes the following findings:

(1) Missile defense promotes the collective security of the United States and NATO and improves linkages among member nations of NATO by defending all members of NATO against the full range of missile threats.

(2) The Islamic Republic of Iran possesses the largest inventory of short-and medium-range ballistic missiles in the Middle East and these missiles represent a threat to Europe and United States interests and deployed forces in the region. Neither NATO nor the United States currently possesses sufficient theater missile defense capability to counter this threat from Iran.

(3) Iran does not currently possess a long-range ballistic missile capable of reaching the United States and, if it were to develop such a capability in the near future, the long-range Ground-based Midcourse Defense (GMD) interceptors currently deployed in Alaska have sufficient range to protect the United States against an emerging threat.

(4) It is in the interest of the United States to work cooperatively with NATO to counter these threats consistent with the direction provided in the statement by the Heads of State and Government participating in the meeting of the North Atlantic Council in Strasbourg/Kehl on April 4, 2009, that: `we judge that missile threats should be addressed in a prioritized manner that includes consideration of the level of imminence of the threat and the level of acceptable risk.'

(5) The Director of Operational Test and Evaluation for the Department of Defense has raised concerns about the operational effectiveness, suitability, and survivability of the current GMD system, and the Director of the Missile Defense Agency testified before the House Armed Services Committee on May 21, 2009, that health and status indicators forced the agency to remove several long-range interceptors for unscheduled maintenance and refurbishment.

(6) The Fiscal Year 2008 Annual Report to Congress by the Director of Operational Test and Evaluation (DOT&E) stated: `The inherent BDMS defensive capability against theater threats increased during the last fiscal year and DOT&E expects this trend to continue' largely due to the continued progress of the AEGIS and Terminal High Altitude Area Defense (THAAD) systems in operational testing.

(7) The proposed European locations of the long-range missile defense system allow for the defense of both Europe and the United States against long-range threats launched from the Middle East, but a limited deployment of GMD interceptors on the east coast of the United States would provide comparable defense of our homeland and the most pressing threat to Europe is from medium-range ballistic missiles.

(b) Reservation of Funds- Of the funds made available for fiscal years 2009 and 2010 for the Missile Defense Agency for the purpose of developing missile defenses in Europe, $353,100,000 shall be available only for a missile defense system for Europe and the United States as described in paragraph (1) or (2) of subsection (c).

(c) Use of Funds- Funds reserved under subsection (b) may be obligated and expended by the Secretary of Defense--

(1) on the research, development, test, and evaluation of--

(A) the proposed midcourse radar element of the ground-based midcourse defense system in the Czech Republic; and

(B) the proposed long-range missile defense interceptor site element of such defense system in Poland; or

(2) on the research, development, test, and evaluation, procurement, site activation, construction, preparation of, equipment for, or deployment of an alternative integrated missile defense system that would protect Europe and the United States from the threats posed by all types of ballistic missiles, if the Secretary submits to the congressional defense committees a report certifying that the alternative missile defense system is expected to be--

(A) consistent with the direction of the North Atlantic Council to address ballistic missile threats to Europe and the United States in a prioritized manner that includes consideration of the level of imminence of the threat and the level of acceptable risk;

(B) at least as cost-effective, technically reliable, and operationally available in protecting Europe and the United States from missile threats as the ground-based midcourse defense system described in paragraph (1);

(C) deployable in a sufficient amount of time to counter current and emerging ballistic missile threats (as determined by the intelligence community) launched from the Middle East that could threaten Europe and the United States; and

(D) interoperable with other components of missile defense and compliments NATO's missile defense strategy.

Subtitle D--Reports

Sec. 231. Comptroller General assessment of coordination of energy storage device requirements and investments.

(a) Assessment Required- The Comptroller General shall conduct an assessment of the degree to which requirements, technology goals, and research and procurement investments in energy storage technologies are coordinated within and among the military departments, appropriate Defense Agencies, and other elements of the Department of Defense. In carrying out such assessment, the Comptroller General shall--

(1) assess expenses incurred by the Department of Defense in the research, development, testing, and procurement of energy storage devices;

(2) compare quantities of types of devices in use or under development that rely on commercial energy storage technologies and that use military-unique, proprietary, or specialty devices;

(3) assess the process by which a determination is made by an acquisition official of the Department of Defense to pursue a commercially available or custom-made energy storage device;

(4) assess the coordination of Department of Defense-wide activities in energy storage device research, development, and use;

(5) assess whether there is a need for enhanced standardization of the form, fit, and function of energy storage devices, and if so, formulate a recommendation as to how, from an organizational standpoint, the Department should address that need; and,

(6) assess whether there are commercial advances in portable power technology, including hybrid systems, fuel cells, and electrochemical capacitors, that could be better leveraged by the Department.

(b) Report- Not later than March 1, 2010, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the findings and recommendations of the Comptroller General with respect to the assessment conducted under subsection (a).

(c) Coordination- In carrying out subsection (a), the Comptroller General shall coordinate with the Secretary of Energy and the heads of other appropriate Federal agencies.

Sec. 232. Annual Comptroller General report on the F-35 Lightning II aircraft acquisition program.

(a) Annual GAO Review- The Comptroller General shall conduct an annual review of the F-35 Lightning II aircraft acquisition program and shall, not later than March 15 of each of 2010 through 2015, submit to the congressional defense committees a report on the results of the most recent review.

(b) Matters to Be Included- Each report on the F-35 program under subsection (a) shall include each of the following:

(1) The extent to which the acquisition program is meeting development and procurement cost, schedule, and performance goals.

(2) The progress and results of developmental and operational testing and plans for correcting deficiencies in aircraft performance, operational effectiveness, and suitability.

(3) Aircraft procurement plans, production results, and efforts to improve manufacturing efficiency and supplier performance.

Sec. 233. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities.

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

Sec. 234. Report on future research and development of man-portable and vehicle-mounted guided missile systems.

(a) Report- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to Congress a report on future research and development of man-portable and vehicle-mounted guided missile systems to replace the current Javelin and TOW systems. Such report shall include--

(1) an examination of current requirements for anti-armor missile systems;

(2) an analysis of battlefield uses other than anti-armor;

(3) an analysis of changes required to the current Javelin and TOW systems to maximize effectiveness and lethality in situations other than anti-armor;

(4) an analysis of the current family of Javelin and TOW warheads and specifically detail how they address threats other than armor;

(5) an examination of the need for changes to current or development of additional warheads or a family of warheads to address threats other than armor;

(6) a description of any missile system design changes required to integrate current missile systems with current manned ground systems;

(7) a detailed and current analysis of the costs associated with the development of next-generation Javelin and TOW systems and additional warheads or family of warheads to address threats other than armor, integration costs for current vehicles, integration costs for future vehicles and possible efficiencies of developing and procuring these systems at low rate and full rate based on current system production; and

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

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

Subtitle E--Other Matters

Sec. 241. Access of the Director of the Test Resource Management Center to Department of Defense information.

Section 196 of title 10, United States Code, is amended--

(1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and

(2) by inserting after subsection (c) the following new subsection (d):

`(h) Access to Information- The Director shall have access to all records and data of the Department of Defense (including the records and data of each military department) that the Director considers necessary to review in order to carry out the duties of the Director under this section.'.

Sec. 242. Inclusion in annual budget request and future-years defense program of sufficient amounts for continued development and procurement of competitive propulsion system for F-35 Lightning II.

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

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

`(a) Annual Budget- Effective for the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2011 and each fiscal year thereafter, the Secretary of Defense shall include, in the materials submitted by the Secretary to the President, a request for such amounts as are necessary for the full funding of the continued development and procurement of a competitive propulsion system for the F-35 Lightning II.

`(b) Future-Years Defense Program- In each future-years defense program submitted to Congress under section 221 of this title, the Secretary of Defense shall ensure that the estimated expenditures and proposed appropriations for the F-35 Lighting II, for each fiscal year of the period covered by that program, include sufficient amounts for the full funding of the continued development and procurement of a competitive propulsion system for the F-35 Lightning II.

`(c) Requirement to Obligate and Expend Funds- Of the amounts authorized to be appropriated for fiscal year 2010 or any year thereafter, for research, development, test, and evaluation and procurement for the F-35 Lightning II Program, the Secretary of Defense shall ensure the obligation and expenditure in each such fiscal year of sufficient annual amounts for the continued development and procurement of two options for the propulsion system for the F-35 Lightning II in order to ensure the development and competitive production for the propulsion system for the F-35 Lightning II.'.

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

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

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

Sec. 243. Establishment of program to enhance participation of historically black colleges and universities and minority-serving institutions in defense research programs.

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

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

`(a) Program Established- The Secretary of Defense, acting through the Director of Defense Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department in defense-related research, development, testing, and evaluation within the science, technology, engineering, and mathematics fields.

`(b) Program Objective- The objective of the program established under subsection (a) is to enhance science, technology, mathematics, and engineering research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to--

`(1) enhance research and educational capabilities of the institutions in areas of science, technology, engineering, or mathematics that are important to national defense, as determined by the Secretary;

`(2) encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense;

`(3) increase the capacity of such institutions to contribute to the national security functions of the Department of Defense through participation in research, development, testing, and evaluation programs and activities in which such institutions might not otherwise have the opportunity to participate;

`(4) increase the number of graduates engaged in scientific, technological, mathematic, and engineering disciplines important to the national security functions of the Department of Defense, as determined by the Secretary;

`(5) conduct collaborative research and educational opportunities between such institutions and defense research facilities;

`(6) encourage research and educational collaborations between such institutions and other institutions of higher education; or

`(7) encourage research and educational collaborations between such institutions and business enterprises that historically perform defense-related research, development, testing and evaluation.

`(c) Assistance Provided- Under the program established by subsection (a), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including any of the following:

`(1) The competitive awarding of grants, cooperative agreements or contracts to establish Centers of Excellence for Research and Education in scientific disciplines important to national defense, as determined by the Secretary.

`(2) The competitive awarding of undergraduate scholarships or graduate fellowships in support of research in scientific disciplines important to national defense, as determined by the Secretary.

`(3) The competitive awarding of grants, cooperative agreements, or contracts for research in areas of science, technology, engineering, and mathematics that are important to national defense, as determined by the Secretary.

`(4) The competitive awarding of grants, cooperative agreements, or contracts for the acquisition of equipment or instrumentation necessary for the conduct of research, development, testing, evaluation or educational enhancements in scientific disciplines important to national defense, as determined by the Secretary.

`(5) Support to assist in attraction and retention of faculty in scientific disciplines critical to the national security functions of the Department of Defense.

`(6) Making Department of Defense personnel available to advise and assist faculty at such institutions in the performance of defense research in scientific disciplines critical to the national security functions of the Department of Defense.

`(7) Establishing partnerships between defense laboratories and such institutions to encourage involvement of faculty and students in scientific research important to the national security functions of the Department of Defense.

`(8) Encouraging the establishment of a program or programs creating partnerships between such institutions and corporations that have routinely been awarded research, development, testing, or evaluation contracts by the Secretary of Defense for the purpose of involving faculty and students in scientific research critical to the national security functions of the Department of Defense.

`(9) Encouraging the establishment of a program or programs creating partnerships between such institutions and other institutions of higher education that have experience in conducting research, development, testing, or evaluation programs with the Department of Defense for the purpose of involving faculty and students in scientific research critical to the national security functions of the Department of Defense.

`(10) Other such non-monetary assistance in support of defense research as the Secretary finds appropriate to enhance science, mathematics, or engineering programs at such institutions, which may be provided directly through the Department of Defense or through contracts or other agreements entered into by the Secretary with private-sector entities that have experience and expertise in the development and delivery of technical assistance services to such institutions.

`(d) Definition of Covered Educational Institution- In this section the term `covered educational institution' means an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.).'.

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

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

Sec. 244. Extension of authority to award prizes for advanced technology achievements.

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

Sec. 245. Executive Agent for Advanced Energetics.

(a) Executive Agent- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense to act as the executive agent for advanced energetics.

(b) Roles, Responsibilities, and Authorities-

(1) ESTABLISHMENT- Not later than one year after the date of the enactment of this Act, and in accordance with Directive 5101.1, the Secretary of Defense shall prescribe the roles, responsibilities, and authorities of the executive agent designated under subsection (a).

(2) SPECIFICATION- The roles and responsibilities of the executive agent designated under subsection (a) shall include each of the following:

(A) Assessment of the current state of, and advances in, research, development, and manufacturing technology of energetic materials in both foreign countries and the United States.

(B) Development of strategies to address matters identified as a result of the assessment described in subparagraph (A).

(C) Development of recommended funding strategies to retain sufficient explosive domestic production capacity, continue the development of innovative munitions, and recruit the next generation of scientists and engineers of advanced energetics.

(D) Recommending changes to strengthen the energetic capabilities of the Department of Defense.

(E) Such other roles and responsibilities as the Secretary of Defense considers appropriate.

(c) Support Within Department of Defense- In accordance with Directive 5101.1, the Secretary of Defense shall ensure that the military departments, Defense Agencies, and other components of the Department of Defense provide the executive agent designated under subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agent.

(d) Definitions- In this section:

(1) The term `Directive 5101.1' means Department of Defense Directive 5101.1, dated September 3, 2002, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense.

(2) The term `executive agent' had the meaning given the term `DoD Executive Agent' in Directive 5101.1.

Sec. 246. Study on thorium-liquid fueled reactors for naval forces.

(a) Study Required- The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall jointly carry out a study on the use of thorium-liquid fueled nuclear reactors for naval power needs pursuant to section 1012, of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 303).

(b) Contents of Study- In carrying out the study required under subsection (a), the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall, with respect to naval power requirements for the Navy strike and amphibious force--

(1) compare and contrast thorium-liquid fueled reactor concept to the 2005 Quick Look, 2006 Navy Alternative Propulsion Study, and the navy CG(X) Analysis of Alternatives study;

(2) identify the benefits to naval operations which thorium-liquid fueled nuclear reactors or uranium reactors would provide to major surface combatants compared to conventionally fueled ships, including such benefits with respect to--

(A) fuel cycle, from mining to waste disposal;

(B) security of fuel supply;

(C) power needs for advanced weapons and sensors;

(D) safety of operation, waste handling and disposal, and proliferation issues compared to uranium reactors;

(E) no requirement to refuel and reduced logistics;

(F) ship upgrades and retrofitting;

(G) reduced manning;

(H) global range at flank speed, greater forward presence, and extended combat operations;

(I) power for advanced sensors and weapons, including electromagnetic guns and lasers;

(J) survivability due to increased performance and reduced signatures;

(K) high power density propulsion;

(L) operational tempo;

(M) operational effectiveness; and

(N) estimated cost-effectiveness; and

(3) conduct a ROM cost-effectiveness comparison of nuclear reactors in use by the Navy as of the date of the enactment of this Act, thorium-liquid fueled reactors, and conventional fueled major surface combatants, which shall include a comparison of--

(A) security, safety, and infrastructure costs of fuel supplies;

(B) nuclear proliferation issues;

(C) reactor safety;

(D) nuclear fuel safety, waste handling, and storage;

(E) power requirements and distribution for sensors, weapons, and propulsion; and

(F) capabilities to fully execute the Navy Maritime Strategic Concept.

(c) Report- Not later than February 1, 2011, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall jointly submit to the congressional defense committees a report on the results of the study required under subsection (a).

Sec. 247. Visiting NIH Senior Neuroscience Fellowship Program.

(a) Authority to Establish- The Secretary of Defense may establish a program to be known as the Visiting NIH Senior Neuroscience Fellowship Program at--

(1) the Defense Advanced Research Projects Agency; and

(2) the Defense Center of Excellence for Psychological Health and Traumatic Brain Injury.

(b) Activities of the Program- In establishing the Visiting NIH Senior Neuroscience Fellowship Program under subsection (a), the Secretary shall require the program to--

(1) provide a partnership between the National Institutes of Health and the Defense Advanced Research Projects Agency to enable identification and funding of the broadest range of innovative, highest quality clinical and experimental neuroscience studies for the benefit of members of the Armed Forces;

(2) provide a partnership between the National Institutes of Health and the Defense Center of Excellence for Psychological Health and Traumatic Brain Injury that will enable identification and funding of clinical and experimental neuroscience studies for the benefit of members of the Armed Forces;

(3) use the results of the studies described in paragraph (1) and (2) to enhance the mission of the National Institutes of Health for the benefit of the public; and

(4) provide a military and civilian collaborative environment for neuroscience-based medical problem-solving in critical areas affecting both military and civilian life, particularly post-traumatic stress disorder.

(c) Period of Fellowship- The period of any fellowship under the Program shall not last more than 2 years and shall not continue unless agreed upon by the parties concerned.

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To Title II

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

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

(1) For the Army, $31,398,432,000.

(2) For the Navy, $35,330,997,000.

(3) For the Marine Corps, $5,570,823,000.

(4) For the Air Force, $34,451,654,000.

(5) For Defense-wide activities, $29,016,532,000.

(6) For the Army Reserve, $2,572,196,000.

(7) For the Naval Reserve, $1,292,501,000.

(8) For the Marine Corps Reserve, $228,925,000.

(9) For the Air Force Reserve, $3,088,528,000.

(10) For the Army National Guard, $6,268,884,000.

(11) For the Air National Guard, $5,919,461,000.

(12) For the United States Court of Appeals for the Armed Forces, $13,932,000.

(13) For the Acquisition Development Workforce Fund, $100,000,000.

(14) For Environmental Restoration, Army, $415,864,000.

(15) For Environmental Restoration, Navy, $285,869,000.

(16) For Environmental Restoration, Air Force, $494,276,000.

(17) For Environmental Restoration, Defense-wide, $11,100,000.

(18) For Environmental Restoration, Formerly Used Defense Sites, $267,700,000.

(19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $109,869,000.

(20) For Cooperative Threat Reduction programs, $434,093,000.

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

Subtitle B--Environmental Provisions

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

Section 2694c of title 10, United States Code, is amended--

(1) in subsection (a), by striking `to carry out this section';

(2) by redesignating subsection (d) as subsection (e); and

(3) by inserting after subsection (c) the following new subsection (d):

`(d) Source of Funds- (1) Amounts described in paragraph (2) shall be available for activities under this section.

`(2) Amounts described in this paragraph are amounts available for any of the following:

`(A) Operation and maintenance.

`(B) Military construction.

`(C) Research, development, test, and evaluation.

`(D) The Support for United States Relocation to Guam Account established under section 2824 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4730; 10 U.S.C. 2687 note).'.

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

(a) Reauthorization- Section 108 of the Sikes Act (16 U.S.C. 670f) is amended by striking `fiscal years 2004 through 2008' each place it appears and inserting `fiscal years 2010 through 2015'.

(b) Clarification of Authorizations- Such section is further amended--

(1) in subsection (b), by striking `There are authorized' and inserting `Of the amounts authorized to be appropriated to the Department of Defense, there are authorized'; and

(2) in subsection (c), by striking `There are authorized' and inserting `Of the amounts authorized to be appropriated to the Department of the Interior, there are authorized'.

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

(a) Authority- Section 103 of the Sikes Act (16 U.S.C. 670c-1) is amended--

(1) in subsection (a)--

(A) by inserting after `and individuals' the following: `, and into interagency agreements with the heads of other Federal departments and agencies,'; and

(B) in paragraph (2), by inserting `or interagency agreement' after `cooperative agreement';

(2) in subsection (b), by inserting `or interagency agreement' after `cooperative agreement'; and

(3) in subsection (c), by inserting `and interagency agreements' after `cooperative agreements' the first place it appears.

(b) Clerical Amendments- The heading for such section is amended by inserting `and interagency' after `cooperative'and the table of contents for such Act is conformed accordingly.

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

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

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

(a) Authority to Reimburse-

(1) TRANSFER AMOUNT- Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $68,623 during fiscal year 2010 to the Former Nansemond Ordnance Depot Site Special Account, within the Hazardous Substance Superfund.

(2) PURPOSE OF REIMBURSEMENT- The payment under paragraph (1) is final payment to reimburse the Environmental Protection Agency for all costs incurred in overseeing a time critical removal action performed by the Department of Defense under the Defense Environmental Restoration Program for ordnance and explosive safety hazards at the Former Nansemond Ordnance Depot Site, Suffolk, Virginia.

(3) INTERAGENCY AGREEMENT- The reimbursement described in paragraph (2) is provided for in an interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Former Nansemond Ordnance Depot Site in December 1999.

(b) Source of Funds- Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(17) of this Act for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites.

(c) Use of Funds- The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the agency at the Former Nansemond Ordnance Depot Site.

Subtitle C--Workplace and Depot Issues

Sec. 321. Public-private competition required before conversion of any Department of Defense function performed by civilian employees to contractor performance.

(a) Requirement- Section 2461(a)(1) of title 10, United States Code, is amended--

(1) by striking `A function' and inserting `No function';

(2) by striking `10 or more'; and

(3) by striking `may not be converted' and inserting `may be converted'.

(b) Effective Date- The amendments made by subsection (a) shall apply with respect to a function for which a public-private competition is commenced on or after the date of the enactment of this Act.

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

(a) Time Limitation- Section 2461(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

`(5)(A) The duration of a public-private competition conducted pursuant to Office of Management and Budget Circular A-76 or any other provision of law for any function of the Department of Defense performed by Department of Defense civilian employees may not exceed a period of 540 days, commencing on the date on which the preliminary planning for the public-private competition begins through the date on which a performance decision is rendered with respect to the function.

`(B) The time period specified in subparagraph (A) for a public-private competition does not include any day during which the public-private competition is delayed by reason of a protest before the Government Accountability Office or the United States Court of Federal Claims unless the Secretary of Defense determines that the delay is caused by issues being raised during the appellate process that were not previously raised during the competition.

`(C) In this paragraph, the term `preliminary planning' with respect to a public-private competition means any action taken to carry out any of the following activities:

`(i) Determining the scope of the competition.

`(ii) Conducting research to determine the appropriate grouping of functions for the competition.

`(iii) Assessing the availability of workload data, quantifiable outputs of functions, and agency or industry performance standards applicable to the competition.

`(iv) Determining the baseline cost of any function for which the competition is conducted.'.

(b) Effective Date- Paragraph (5) of section 2461(a) of title 10, United States Code, as added by subsection (a), shall apply with respect to a public-private competition covered by such section that is being conducted on or after the date of the enactment of this Act.

Sec. 323. Inclusion of installation of major modifications in definition of depot-level maintenance and repair.

Section 2460 of title 10, United States Code, is amended in the second sentence--

(1) by striking `and' before `(2)'; and

(2) by inserting before the period at the end the following: `, and (3) the installation of major modifications, including performance or safety modifications'.

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

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

Sec. 325. Cost-benefit analysis of alternatives for performance of planned maintenance interval events and concurrent modifications performed on the AV-8B Harrier weapons system.

(a) Cost-Benefit Analysis Required- The Secretary of the Navy, in consultation with the Commandant of the Marine Corps, shall carry out a thorough economic analysis of the costs and benefits associated with each alternative the Secretary is considering for the performance of planned maintenance interval events and concurrent or stand alone modifications performed on the AV-8B Harrier weapons system. Such analysis shall be performed in accordance with Department of Defense Instruction 7043.1, entitled `Economic Analysis for Decisionmaking', and Office of Management and Budget Circular A-94, entitled `Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs' and dated October 29, 1992, and, for each such alternative, shall include an assessment of the following:

(1) The effect of the loss of workload on organic depot labor rates associated with each alternative.

(2) The effect on the depot net operating result for each such alternative.

(3) The effect on long-term sustainment of depot-level capabilities for future support of core workload throughout the life cycle of the AV8B Harrier weapons system.

(4) The risk to readiness, the aviation safety risk, and the enterprise-wide financial risk associated with each such alternative.

(b) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the cost-benefit analysis required in subsection (a). The report shall include each of the following:

(1) The criteria and rationale used to classify work as organization-level maintenance or depot-level maintenance.

(2) An explanation of the core logistics capabilities and associated workload requirements for the AV-8B weapons system, including an explanation of how such requirements were determined and rationale for classifying the planned maintenance interval events and concurrent or stand alone modifications on the AV-8B as above core workload.

(3) An assessment of the effects of proposed workload transfer on the Department of the Navy's division of depot maintenance funding between public and private sectors in accordance with section 2466(a) of title 10, United States Code.

(c) Prohibition on Contracting Activities- The Secretary of the Navy may not enter into a contract for the performance of planned maintenance interval events or associated depot-level maintenance activities, including concurrent or stand alone modifications, by non-Federal Government personnel until 90 days after the date on which the Secretary completes the assessment required under subsection (a) and submits the report required under subsection (b).

Sec. 326. Termination of certain public-private competitions for conversion of Department of Defense functions to performance by a contractor.

(a) Temporary Suspension of Pending Studies- The Secretary of Defense shall halt all pending public-private competitions being conducted pursuant to section 2461 of title 10, United States Code, or Office of Management and Budget Circular A-76 that had not resulted in conversion to performance to a contractor as of March 26, 2009, until such time as the Secretary may review such competitions.

(b) Review and Approval Process-

(1) REVIEW REQUIRED- Before recommencing any pending study for a public-private competition halted under subsection (a), the Secretary of Defense shall review all the studies halted by reason of that subsection and take the following actions with respect to each such study:

(A) Describe the methodology and data sources along with outside resources to gather and analyze information necessary to estimate cost savings.

(B) Certify that the estimated savings are still achievable.

(C) Document the rationale for rejecting an individual command's request to cancel, defer, or reduce the scope of a decision to conduct the study.

(D) Consider alternatives to the study that would provide savings and improve performance such as internal reorganizations.

(E) Include any other relevant information to justify recommencement of the study.

(2) TERMINATION OF CERTAIN STUDIES- The Secretary of Defense shall terminate any study for a public-private competition that has been conducted for longer than 18 months (beginning with preliminary planning and ending with the exhaustion of General Accountability Office protests), or submit to Congress a written justification for continuing of the study.

(c) Congressional Notification- The Secretary of Defense may not recommence a study halted pursuant to subsection (a) until the Secretary submits to Congress a report describing the actions taken by the Secretary under paragraphs (1) and (2) of subsection (b).

Sec. 327. Temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by a contractor.

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

Sec. 328. Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor.

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

Sec. 329. Amendments to bid protest procedures by Federal employees and agency officials in conversions of functions from performance by Federal employees to performance by a contractor.

(a) Protest Jurisdiction of the Comptroller General- Section 3551(1) of title 31, United States Code, is amended by adding at the end the following new subparagraph:

`(E) Conversion of a function that is being performed by Federal employees to private sector performance.'.

(b) Eligibility to Protest Public-Private Competitions- Clause (i) of paragraph (2)(B) of section 3551 of title 31, United States Code, is amended to read as follows:

`(i) any official who is responsible for submitting the agency tender in such competition; and'.

(c) Prejudice to Federal Employees-

(1) IN GENERAL- Section 3557 of title 31, United States Code, is amended--

(A) by inserting `(a) Expedited Action- ' before `For any protest'; and

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

`(b) Injury to Federal Employees- In the case of a protest filed by an interested party described in subparagraph (B) of section 3551(2) of this title, a showing that a Federal employee has been displaced from performing a function or part thereof, and that function is being performed by the private sector, is sufficient evidence that a conversion has occurred resulting in concrete injury and prejudice to the Federal employee as a consequence of agency action.'.

(2) CONFORMING AND CLERICAL AMENDMENTS-

(A) The heading of section 3557 of such title is amended to read as follows:

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

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

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

(d) Decisions on Protests- Section 3554(b) of title 31, United States Code, is amended--

(1) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively;

(2) by inserting after subparagraph (E) the following new subparagraph (F):

`(F) cancel the solicitation issued pursuant to the public-private competition conducted under Office of Management and Budget Circular A-76 or any successor circular;'; and

(3) in subparagraph (G), as redesignated by paragraph (1), by striking `, and (E)' an inserting `, (E), and (G)'.

(e) Applicability- The amendments made by this section shall apply--

(1) to any protest or civil action that relates to a public-private competition conducted after the date of the enactment of this Act under Office of Management and Budget Circular A-76, or any successor circular; or

(2) to a decision made after the date of the enactment of this Act to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A-76.

Subtitle D--Energy Security

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

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

Sec. 332. Report on implementation of Comptroller General recommendations on fuel demand management at forward-deployed locations.

Not later than February 1, 2010, the Director of Operational Energy Plans and Programs of the Department of Defense (or, in the event that no individual has been confirmed as the Director, the Secretary of Defense) shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on any specific actions that have been taken to implement the following three recommendations made by the Comptroller General:

(1) The recommendation that each of the combatant commanders establish requirements for managing fuel demand at forward-deployed locations within their respective areas of responsibility.

(2) The recommendation that the head of each military department develop guidance to implement such requirements.

(3) The recommendation that the Chairman of the Joint Chiefs of Staff require that fuel demand considerations be incorporated into the Joint Staff's initiative to develop joint standards of life support at forward-deployed locations.

Sec. 333. Consideration of renewable fuels.

(a) In General- The Secretary of Defense shall consider renewable fuels, including domestically produced algae-based, biodiesel, and biomass-derived fuels, for testing, certification, and use in aviation, maritime, and ground transportation fleets.

(b) Report- Not later than February 1, 2010, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the Secretary's consideration of renewable fuels that includes each of the following:

(1) An assessment of the use of renewable fuels, including domestically produced algae-based, biodiesel, and biomass-derived fuels, as alternative fuels in aviation, maritime, and ground transportation fleets (including tactical vehicles and applications). Such assessment shall include technical, logistical, and policy considerations.

(2) An assessment of whether it would be beneficial to establish a renewable fuel commodity class that is distinct from petroleum-based products.

Sec. 334. Department of Defense goal regarding procurement of renewable aviation fuels.

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

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

`It shall be the goal of the Department of Defense--

`(1) for fiscal year 2025, and each subsequent fiscal year, to procure from renewable aviation fuel sources not less than 25 percent of the total quantity of aviation fuel consumed by the Department of Defense in the contiguous United States; and

`(2) to procure fuels from renewable aviation fuel sources whenever the use of such renewable aviation fuels is consistent with the operational energy strategy required by section 139b(d) of this title.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2922f the following new item:

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

Subtitle E--Reports

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

Section 358 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4427; 10 U.S.C. 2302 note) is amended--

(1) by redesignating subsection (c) as subsection (d); and

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

`(c) Annual Report- Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, and annually thereafter, the Secretary, acting through the Executive Agent, shall submit to the congressional defense committees a report on the procurement of military working dogs for the fiscal year preceding the fiscal year during which the report is submitted. Such a report may be combined with the report required under section 2582(f) of title 10, United States Code, for the same fiscal year as the fiscal year covered by the report under this subsection. Each report under this subsection shall include the following for the fiscal year covered by the report:

`(1) The number of military working dogs procured from domestic breeders by each military department or Defense Agency.

`(2) The number of military working dogs procured from non-domestic breeders by each military department or Defense Agency.

`(3) The total cost of procuring military working dogs from domestic breeders and the total cost of procuring such dogs from non-domestic breeders.

`(4) The total cost of procuring military working dogs for each military department or Defense Agency.'.

Subtitle F--Other Matters

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

(a) In General- Section 2642(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

`(3) During the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, for military airlift services provided to any element of the Federal Government outside the Department of Defense in circumstances other than those specified in paragraphs (1) and (2), but only if the Secretary of Defense determines that the provision of such services will promote the improved use of airlift capacity without any negative effect on national security objectives or the national security interests contained within the United States commercial air industry.'.

(b) Annual Report- Not later than March 1 of each year for which the paragraph (3) of section 2642(a) of title 10, United States Code, as added by subsection (a), is in effect, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report describing, in detail, the Secretary's use of the authority under that paragraph, including--

(1) how the authority was used;

(2) the frequency of use of the authority;

(3) the Secretary's rationale for the use of the authority; and

(4) for which agencies the authority was used.

Sec. 352. Requirements for standard ground combat uniform.

The Secretary of Defense, in consultation with the Director of the Defense Logistics Agency, shall standardize the design of future ground combat uniforms. The future ground combat uniforms designed pursuant to this section shall be designed to--

(1) increase the interoperability of ground combat forces;

(2) eliminate any uniqueness that could pose a tactical risk in a theater of operations;

(3) maximize conformance with personal protective gear and body armor;

(4) ensure standard coloration and pattern for the uniform;

(5) be appropriate to the terrain, climate, and conditions in which the forces may be operating;

(6) minimize production costs; and

(7) minimize costs to the services for issuing the new standard ground combat uniform.

Sec. 353. Restriction on use of funds for counterthreat finance efforts.

(a) Restriction- Of the amounts authorized to be appropriated by this Act for fiscal year 2010, not more than 90 percent may be obligated or expended to support personnel and operations for Department of Defense counterthreat finance efforts, except for activities carried out by Department of Defense personnel and by personnel employed pursuant to a contract entered into by the Secretary of Defense, until the Secretary of Defense, in consultation with the Secretary of State, the Secretary of the Treasury, and the Attorney General, submits to the congressional defense committees a report on--

(1) the nature and extent of the mission of such counterthreat finance efforts;

(2) the nature and extent of future cost requirements associated with the mission;

(3) the nature and extent of Department of Defense resources required to support the mission;

(4) the nature and extent of support, including personnel and funding support, from other departments and agencies required to execute the mission, including Department of Defense force planning and funding initiatives; and

(5) the nature and extent of both existing and future contractor support necessary to meet the mission requirements of the mission.

(b) Counterthreat Finance Efforts Defined- In this section, the term `counterthreat finance efforts' has the meaning given that term pursuant to the Department of Defense memorandum dated December 2, 2008, and entitled `Directive-Type Memorandum 08-034 - DOD Counterthreat Finance Policy' or any successor memorandum or related guidelines or regulations.

Sec. 354. Limitation on obligation of funds pending submission of classified justification material.

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

Sec. 355. Condition-based maintenance demonstration programs.

(a) Tactical Wheeled Vehicles Program- The Secretary of the Army may conduct a 12-month condition-based maintenance demonstration program on tactical wheeled vehicles, specifically the high mobility multi-purpose wheeled vehicle, the heavy expanded mobility tactical truck and the family of medium tactical vehicles.

(b) Guided Missile Destroyer Program- The Secretary of the Navy may conduct a 12-month demonstration program on at least four systems or components of the guided missile destroyer class of surface combatant ships.

(c) Issues to Be Addressed- The demonstration programs described in subsections (a) and (b) shall address--

(1) the top 10 maintenance issues;

(2) non-evidence of failures; and

(3) projected return on investment analysis for a 10-year period.

(d) Open Architecture- The demonstration programs' design, system integration, and operations shall be conducted with an open architecture designed to--

(1) interface with the extensible markup language industry standard to provide diagnostic and prognostic reasoning for systems, subsystems or components;

(2) facilitate common software systems, diagnostics tools, reference models, diagnostics reasoners, electronic libraries, and user interfaces for multiple ship and vehicle types; and

(3) support the Department of Defense's Class V interactive electronic technical manual operations.

(e) Report- The Secretary of the Army and the Secretary of the Navy shall submit a report to the congressional defense committees, not later than October 1, 2010, that assesses whether the respective military department could reduce maintenance costs and improve operational readiness by implementing condition-based maintenance for the current and future tactical wheeled vehicle fleets and Navy surface combatants.

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To Title III

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

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

(1) The Army, 547,400.

(2) The Navy, 328,800.

(3) The Marine Corps, 202,100.

(4) The Air Force, 331,700.

Sec. 402. 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 paragraphs (1) and (2) are--

(A) to support operational missions; and

(B) to achieve reorganizational objectives, including increased unit manning, force stabilization and shaping, and supporting wounded warriors.

(3) FISCAL-YEAR 2010 BASELINE- In this subsection, the term `fiscal-year 2010 baseline', with respect to the Army, means the active-duty end strength authorized for those services in section 401(1).

(4) ACTIVE-DUTY END STRENGTH- In this subsection, the term `active-duty end strength' means the strength for active-duty personnel of one the Armed Forces as of the last day of a fiscal year.

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

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

(d) Budget Treatment- If the Secretary of Defense determines under subsection (a) that an increase in the Army active duty end strength for a fiscal year is necessary, then the budget for the Department of Defense for that fiscal year as submitted to the President shall include the amounts necessary for funding that active duty end strength in excess of the fiscal year 2010 active duty end strength authorized for the Army under section 401(1).

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

(1) The Army National Guard of the United States, 358,200.

(2) The Army Reserve, 205,000.

(3) The Navy Reserve, 65,500.

(4) The Marine Corps Reserve, 39,600.

(5) The Air National Guard of the United States, 106,700.

(6) The Air Force Reserve, 69,500.

(7) The Coast Guard Reserve, 10,000.

(b) End Strength Reductions- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--

(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c) End Strength Increases- Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

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

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2010, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 32,060.

(2) The Army Reserve, 16,261.

(3) The Navy Reserve, 10,818.

(4) The Marine Corps Reserve, 2,261.

(5) The Air National Guard of the United States, 14,555.

(6) The Air Force Reserve, 2,896.

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

The minimum number of military technicians (dual status) as of the last day of fiscal year 2010 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1) For the Army Reserve, 8,395.

(2) For the Army National Guard of the United States, 27,210.

(3) For the Air Force Reserve, 10,417.

(4) For the Air National Guard of the United States, 22,313.

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

(a) Limitations-

(1) NATIONAL GUARD- Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2010, may not exceed the following:

(A) For the Army National Guard of the United States, 2,191.

(B) For the Air National Guard of the United States, 350.

(2) ARMY RESERVE- The number of non-dual status technicians employed by the Army Reserve as of September 30, 2010, may not exceed 595.

(3) AIR FORCE RESERVE- The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2010, may not exceed 90.

(b) Non-Dual Status Technicians Defined- In this section, the term `non-dual status technician' has the meaning given that term in section 10217(a) of title 10, United States Code.

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

During fiscal year 2010, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1) The Army National Guard of the United States, 17,000.

(2) The Army Reserve, 13,000.

(3) The Navy Reserve, 6,200.

(4) The Marine Corps Reserve, 3,000.

(5) The Air National Guard of the United States, 16,000.

(6) The Air Force Reserve, 14,000.

Sec. 416. Submission of options for creation of Trainees, Transients, Holdees, and Students account for Army National Guard.

(a) Report Required- Not later than February 1, 2010, the Secretary of the Army shall submit to the congressional defense committees a report evaluating options, and including a recommendation, for the creation of a Trainees, Transients, Holdees, and Students Account within the Army National Guard.

(b) Elements of Report- At a minimum, the report shall address--

(1) the timelines, cost, force structure changes, and end strength changes associated with each option;

(2) the force structure and end strength changes and growth of the Army National Guard needed to support such an account;

(3) how creation of such an account may affect plans under the Grow the Force initiative; and

(4) the impact of such an account on readiness and training ratings for Army National Guard forces.

(c) Sense of Congress Regarding Army National Guard End Strength-

(1) FINDINGS- Congress finds the following:

(A) The President's budget for fiscal year 2010 included a 2.82 percent increase in end strength for the Army, but only a 1.59 percent end strength increase for the Army National Guard.

(B) The disproportionate growth in the end strengths of the reserve components is inconsistent with the emphasis placed by the Department of Defense on responding to asymmetric threats at home and abroad.

(2) SENSE OF CONGRESS- In light of such findings, Congress is concerned about unit readiness and the effect of pre-deployment cross-leveling on the Army National Guard and it is the sense of Congress that an increase in Army National Guard end strength should be considered in the deliberations of the next quadrennial defense review conducted under section 118 of title 10, United States Code.

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

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

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

(a) Repeal- Section 1002 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4581) is repealed.

(b) Effect on Earlier Transfer- The repeal of section 1002 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 by subsection (a) shall not affect the validity of the transfer of funds made pursuant to subsection (e) of such section before the date of the enactment of this Act.

To Top

To Title IV

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Military Personnel Policy Generally

Sec. 501. Extension of temporary increase in maximum number of days' leave members may accumulate and carryover.

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

Sec. 502. Rank requirement for officer serving as Chief of the Navy Dental Corps to correspond to Army and Air Force requirements.

(1) by striking `not below the grade of rear admiral (lower half) shall be detailed' and inserting `shall be appointed'; and

(2) by adding at the end the following new sentence: `An appointee who holds a lower regular grade shall be appointed as Chief of the Dental Corps in the regular grade of rear admiral.'.

Sec. 503. Computation of retirement eligibility for enlisted members of the Navy who complete the Seaman to Admiral (STA-21) officer candidate program.

Section 6328 of title 10, United States Code, is amended by adding the following new subsection:

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

Subtitle B--Joint Qualified Officers and Requirements

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

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

(1) in paragraph (1)--

(A) in subparagraph (A), by striking `and their education and experience'; and

(B) by adding at the end the following new subparagraph:

`(C) A comparison of the number of officers who were designated as a joint qualified officer who had served in a Joint Duty Assignment List billet and completed Joint Professional Military Education Phase II, with the number designated as a joint qualified officer based on their aggregated joint experiences and completion of Joint Professional Military Education Phase II.'.

(2) by striking paragraphs (3), (4), (6), and (12);

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

(4) by redesignating paragraphs (7) through (11) as paragraphs (4) through (8), respectively;

(5) by inserting after paragraph (8), as so redesignated, the following new paragraph:

`(9) With regard to the principal courses of instruction for Joint Professional Military Education Level II, the number of officers graduating from each of the following:

`(A) The Joint Forces Staff College.

`(B) The National Defense University.

`(C) Senior Service Schools.'; and

(6) by redesignating paragraph (13) as paragraph (10).

Subtitle C--General Service Authorities

Sec. 521. Medical examination required before separation of members diagnosed with or asserting post-traumatic stress disorder or traumatic brain injury.

(a) Medical Examination Required-

(1) IN GENERAL- Chapter 59 of title 10, United States Code, is amended by inserting after section 1176 the following new section:

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

`(a) Medical Examination Required- (1) If a member of the armed forces who has been deployed overseas in support of a contingency operation is diagnosed by a physician, clinical psychologist, or psychiatrist as experiencing post-traumatic stress disorder or traumatic brain injury or otherwise asserts the influence of such a condition, the Secretary concerned may not authorize the involuntarily separation of the member or separation of the member under conditions other than honorable until after the member receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.

`(2) In a case involving post-traumatic stress disorder, the medical examination shall be performed by a clinical psychologist or psychiatrist. In other cases, the examination may be performed by a physician, clinical psychologist, psychiatrist, or other health care professional, whoever is determined to be most appropriate.

`(b) Purpose of Medical Examination- The medical examination required by subsection (a) shall endeavor to assess the degree to which the behavior of the member, on which the initial recommendation for an involuntarily separation or separation under conditions other than honorable is based, has been affected by post-traumatic stress disorder or traumatic brain injury.

`(c) Secretarial Discretion- The Secretary concerned shall review the medical examination performed under subsection (a) with respect to a member, and the findings and conclusions of any physical evaluation board conducted with respect the member, to determine the appropriate course of action with regard to the separation of the member.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1176 the following new item:

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

(b) Review of Previous Discharges and Dismissals- Section 1553 of such title is amended by adding at the end the following new subsection:

`(d)(1) In the case of a former member of the armed forces who, while a member, was deployed in support of a contingency operation and who, at any time after such deployment, was diagnosed by a physician, clinical psychologist, or psychiatrist as experiencing post-traumatic stress disorder or traumatic brain injury, a board established under this section to review the former member's discharge or dismissal shall include a member who is a physician, clinical psychologist, or psychiatrist.

`(2) In the case of a former member described in paragraph (1) or a former member whose case involves personal health care issues as supporting rationale or as justification for priority consideration, the Secretary concerned shall render a final decision within six months of the receipt of an application to review a discharge or dismissal. The Secretary may delay a final decision beyond six months if the Secretary determines that, due to administrative reasons or to serve the best interest of the former member, a final decision cannot be rendered within such six-month period.

`(3) When authorized by a former member described in paragraph (1) or (2), a Member of Congress shall be advised of the decision of the board conducting the review of the former member's discharge or dismissal and the rationale used to support the decision.'.

Sec. 522. Evaluation of test of utility of test preparation guides and education programs in improving qualifications of recruits for the Armed Forces.

Section 546(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2215) is amended--

(1) in the second sentence, by striking `in training and unit settings' and inserting `during training and unit assignments'; and

(2) by adding at the end the following new sentence: `Data to make the comparison between the two groups shall be derived from existing sources, which may include performance ratings, separations, promotions, awards and decorations, and reenlistment statistics.'.

Sec. 523. Inclusion of email address on Certificate of Release or Discharge from Active Duty (DD Form 214).

Section 596 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note) is amended--

(1) by inserting `(a) Election to Forward Certificate to VA Offices- ' before `The Secretary of Defense'; and

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

`(b) Inclusion of Email Address- The Secretary of Defense shall further modify the DD Form 214 in order to permit a member of the Armed Forces to include an email address on the form.'.

Subtitle D--Education and Training

Section 2107a(h) of title 10, United States Code, is amended--

(1) by striking `17 cadets' and inserting `22 cadets';

(2) by striking `17 members' and inserting `22 members'; and

(3) by striking `17 such members' and inserting `22 such members'.

Sec. 532. Increase in number of private sector civilians authorized for admission to National Defense University.

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

Sec. 533. Appointments to military service academies from nominations made by Delegate from the Commonwealth of the Northern Mariana Islands.

(a) United States Military Academy- Section 4342(a)(10) of title 10, United States Code, is amended by striking `One cadet' and inserting `Two cadets'.

(b) United States Naval Academy- Section 6954(a)(10) of such title is amended by striking `One' and inserting `Two'.

(c) United States Air Force Academy- Section 9342(a)(10) of such title is amended by striking `One cadet' and inserting `Two cadets'.

(d) Effective Date- The amendments made by this section shall apply with respect to appointments to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy beginning with the first class of candidates nominated for appointment to these military service academies after the date of the enactment of this Act.

Sec. 534. Pilot program to establish and evaluate Language Training Centers for members of the Armed Forces and civilian employees of the Department of Defense.

(a) Pilot Program Required- The Secretary of Defense shall carry out a pilot program to establish at least three Language Training Centers at accredited universities, senior military colleges, or other similar institutions of higher education to create the foundational critical and strategic language and regional area expertise, as defined by the Secretary of Defense, for members of the Armed Forces, including reserve component members and Reserve Officers' Training Corps candidates, and civilian employees of the Department of Defense.

(b) Duration-

(1) TERMINATION DATE- The Language Training Centers under the pilot program shall be established not later than October 1, 2010, and the authority to support the Language Training Centers under the pilot program shall terminate on September 30, 2015.

(2) EFFECT ON PARTICIPANTS- Students participating in the pilot program before the termination date specified in paragraph (1) may be allowed to complete their studies under the program after that date.

(c) Pilot Program Requirements- At a minimum, the Language Training Centers shall--

(1) develop a program to graduate members of the Armed Forces and civilian employees of the Department who are skilled in critical and strategic languages from beginning through advanced skill levels;

(2) develop language proficiency training programs in designated critical and strategic languages tailored to meet operational readiness requirements;

(3) develop alternative training delivery systems and modalities to meet language and regional area requirements, prior to deployment, during deployment, and post-deployment;

(4) develop critical and strategic language programs that can be incorporated into Reserve Officers' Training Corps units to develop language skills among future military officers;

(5) develop training and education programs that would expand the pool of qualified instructors and educators for the Armed Forces; and

(6) develop a program to encourage native and heritage speakers of critical and strategic languages for recruitment into the Department of Defense or support the Civilian Linguist Reserve Corps.

(d) Program Expansion- The Language Training Centers may partner with elementary and secondary educational institutions to help develop critical and strategic language skills in students who may pursue a military career.

(e) Program Coordination- The Secretary of Defense shall ensure that the Language Training Centers build upon and take advantage of the experience and leadership of the National Security Education Program and the Defense Language Institute.

(f) Evaluation- The Secretary of Defense shall evaluate each Language Training Center in order to assess the cost and the effectiveness of the pilot program, including the following:

(1) The success of the Language Training Center in providing critical and strategic language capabilities to members and Department of Defense employees.

(2) The ability of the Language Training Center to create foundational critical and strategic language and regional area expertise in support of the Defense Language Transformation Roadmap;

(g) Report to Congress- Not later than December 31, 2015, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program. The report shall include the following:

(1) A description of each Language Training Center.

(2) An assessment of the effectiveness and the cost of the pilot program taken to create the foundational critical and strategic language and regional area expertise in support of the Defense Language Transformation Roadmap.

(3) The success of each Language Training Center to provide critical and strategic language capabilities to members and Department of Defense employees.

(4) Recommendations as to whether the pilot programs should be continued, and any modifications that may be necessary to continue the program.

Sec. 535. Use of Armed Forces Health Professions Scholarship and Financial Assistance program to increase number of health professionals with skills to assist in providing mental health care.

(a) Additional Element Within Scholarship Program- Section 2121(a) of title 10, United States Code, is amended--

(1) by inserting `(1)' after `(a)';

(2) by striking `in the various health professions' and inserting `(A) in the various health professions or (B) as a health professional with specific skills to assist in providing mental health care to members of the armed forces'; and

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

`(2) Under the program of a military department, the Secretary of that military department shall allocate a portion of the total number of scholarships to members of the program described in paragraph (1)(B) for the purpose of assisting such members to pursue a degree at the masters and doctoral level in any of the following disciplines:

`(A) Social work.

`(B) Clinical psychology.

`(C) Psychiatry.

`(D) Other disciplines that contribute to mental health care programs in that military department.'.

(b) Authorized Number of Members of the Program- Section 2124 of such title is amended--

(1) by striking `The number' and inserting `(a) Authorized Number of Members of the Program- The number';

(2) by striking `6,000' and inserting `6,300'; and

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

`(b) Mental Health Professionals- Of the number of persons designated as members of the program at any time, 300 may be members of the program described in section 2121(a)(1)(B) of this title.'.

(c) Funding Source- Of the amounts authorized to be appropriated to the Department of Defense for military personnel accounts for fiscal year 2010, not more than $20,000,000 shall be available to cover the additional costs incurred to implement the amendments made by this section.

Sec. 536. Establishment of Junior Reserve Officer's Training Corps units for students in grades above sixth grade.

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

`(g)(1) In addition to units of the Junior Reserve Officers' Training Corps established at public and private secondary educational institutions under subsection (a), the Secretary of each military department may carry out a pilot program to establish and support units at public and private educational institutions that are not secondary educational institutions to permit the enrollment of students in the Corps who, notwithstanding the limitation in subsection (b)(1), are in a grade above the sixth grade.

`(2) A unit of the Junior Reserve Officers' Training Corps established and supported under the pilot program must meet the requirements of this section, except--

`(A) as provided in paragraph (1) with respect to the grades in which students are enrolled; and

`(B) that the Secretary of the military department concerned may authorize a course of military instruction of not less than two academic years' duration, notwithstanding subsection (b)(3).

`(3) The Secretary of the military department concerned shall conduct a review of the pilot program. The review shall include an evaluation of what impacts, if any, the pilot program may have on the operation of the Junior Reserve Officers' Training Corps in secondary educational institutions.'.

Subtitle E--Defense Dependents' Education

Sec. 551. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

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

(b) Assistance to Schools With Enrollment Changes Due to Base Closures, Force Structure Changes, or Force Relocations- Of the amount authorized to be appropriated for fiscal year 2010 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $15,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572.

(c) Local Educational Agency Defined- In this section, the term `local educational agency' has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

Sec. 552. Determination of number of weighted student units for local educational agencies for receipt of basic support payments under impact aid.

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

Sec. 553. Permanent authority for enrollment in defense dependents' education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe.

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

(b) Combatant Commander Advice and Assistance- Subsection (c)(1) of such section is amended by adding at the end the following new sentence: `The Secretary shall prescribe such methodology with the advice and assistance of the commander of the geographic combatant command with jurisdiction over Mons, Belgium.'.

Subtitle F--Missing or Deceased Persons

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

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

`(a) Program Required; Covered Conflicts- The Secretary of Defense shall implement a comprehensive, coordinated, integrated, and fully resourced program to account for persons described in subparagraph (A) or (B) of section 1513(1) of this title who are unaccounted for from the following conflicts:

`(1) World War II during the period beginning on December 7, 1941, and ending on December 31, 1946, including members of the Armed Forces who were lost during flight operations in the Pacific theater of operations covered by section 576 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 624; 10 U.S.C. 1501 note).

`(2) The Cold War during the period beginning on September 2, 1945, and ending on August 21, 1991.

`(3) The Korean War during the period beginning on June 27, 1950, and ending on January 31, 1955.

`(4) The Indochina War era during the period beginning on July 8, 1959, and ending on May 15, 1975.

`(5) The Persian Gulf War during the period beginning on August 2, 1990, and ending on February 28, 1991.

`(6) Such other conflicts in which members of the armed forces served as the Secretary of Defense may designate.

`(b) Implementation Process- (1) The Secretary of Defense shall implement the program within the Department of Defense POW/MIA accounting community.

`(2) For purposes of paragraph (1), the term `POW/MIA accounting community' means--

`(A) The Defense Prisoner of War/Missing Personnel Office (DPMO).

`(B) The Joint POW/MIA Accounting Command (JPAC).

`(C) The Armed Forces DNA Identification Laboratory (AFDIL).

`(D) The Life Sciences Equipment Laboratory of the Air Force (LSEL).

`(E) The casualty and mortuary affairs offices of the military departments.

`(F) Any other element of the Department of Defense the mission of which (as designated by the Secretary of Defense) involves the accounting for and recovery of members of the armed forces who are missing in action or prisoners of war or who are unaccounted for, such as the Stony Beach Program.

`(c) Treatment as Missing Persons- Each unaccounted for person covered by subsection (a) shall be considered to be a missing person for purposes of the applicability of other provisions of this chapter to the person.

`(d) Establishment of Personnel Files- (1) The Secretary of Defense shall ensure that a personnel file is established and maintained for each person covered by subsection (a) if the Secretary--

`(A) possesses any information relevant to the status of the person; or

`(B) receives any new information regarding the missing person as provided in subsection (d).

`(2) The Secretary of Defense shall ensure that each file established under this subsection contains all relevant information pertaining to a person covered by subsection (a) and is readily accessible to all elements of the department, the combatant commands, and the armed forces involved in the effort to account for the person.

`(3) Each file established under this subsection shall be handled in accordance with, and subject to the provisions of, section 1506 of this title in the same manner as applies to the file of a missing person otherwise subject to such section.

`(e) Review of Status Requirements- (1) If new information (as described in paragraph (3)) is found or received that may be related to one or more unaccounted for persons covered by subsection (a), whether or not such information specifically relates (or may specifically relate) to any particular such unaccounted for person, that information shall be provided to the Secretary of Defense.

`(2) Upon receipt of new information under paragraph (1), the Secretary shall ensure that--

`(A) the information is treated under paragraph (2) of subsection (c) of section 1505 of this title, relating to addition of the information to the personnel file of a person and notification requirements, in the same manner as information received under paragraph (1) under such subsection; and

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

`(3) For purposes of this subsection, new information is information that is credible and that--

`(A) is found or received after November 18, 1997, by a United States intelligence agency, by a Department of Defense agency, or by a person specified in section 1504(g) of this title; or

`(B) is identified after November 18, 1997, in records of the United States as information that could be relevant to the case of one or more unaccounted for persons covered by subsection (a).

`(f) Coordination Requirements- (1) In establishing and carrying out the program, the Secretary of Defense shall coordinate with the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, and the combatant commanders.

`(2) In carrying out the program, the Secretary of Defense shall establish close coordination with the Department of State, the Central Intelligence Agency, and the National Security Council to enhance the ability of the Department of Defense POW/MIA accounting community to account for persons covered by subsection (a).'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 76 of such title is amended by striking the item relating to section 1509 and inserting the following new section:

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

(c) Conforming Amendment- Section 1513(1) of such title is amended in the matter after subparagraph (B) by striking `section 1509(b) of this title who is required by section 1509(a)(1) of this title' and inserting `subsection (a) of section 1509 of this title who is required by subsection (b) of such section'.

(d) Implementation-

(1) PRIORITY- A priority of the program required by section 1509 of title 10, United States Code, as amended by subsection (a), to resolve missing person cases arising before the enactment of chapter 76 of such title by section 569 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 336) shall be the return of missing persons to United States control alive.

(2) ACCOUNTING FOR GOAL- In implementing the program, the Secretary of Defense, in coordination with the officials specified in subsection (f)(1) of section 1509 of title 10, United States Code, shall take such measures as the Secretary considers appropriate to increase significantly the capability and capacity of the Department of Defense, the Armed Forces, and combatant commanders to account for missing persons, as defined by section 1513(3)(B) of such title. Such measures shall include fully funding, manning, and resourcing the Department of Defense-wide effort to ensure that, at a minimum--

(A) 200 missing persons are accounted for under the program annually beginning with fiscal year 2015; and

(B) 350 missing persons are accounted for under the program annually beginning with fiscal year 2020.

Sec. 562. Clarification of guidelines regarding return of remains and media access at ceremonies for the dignified transfer of remains at Dover Air Force Base.

(a) Prompt Return- The remains of a deceased member of the Armed Forces shall be recovered from the theater of combat operations and returned to the United States via the Dover Port Mortuary without delay unless very specific extenuating circumstances presented by the person designated pursuant to section 1482(c) of title 10, United States Code, to direct disposition of the remains of the decedent (in this section referred to as the `primary next of kin') dictate otherwise and can reasonably be accommodated by the Department.

(b) Media Access-

(1) DECISION OF PRIMARY NEXT OF KIN- The primary next of kin of a deceased member of the Armed Forces shall make the family decision regarding media access at ceremonies for the dignified transfer of the remains of the decedent at Dover Air Force Base. The option to allow media access shall be briefed to the primary next of kin at the time of initial notification or as soon as practicable thereafter. Media access to dignified transfers shall only be permitted with the approval of the primary next of kin. Media contact, filming or recording of family members shall be permitted only if specifically requested by the primary next of kin.

(2) RELATION TO CURRENT DOD CASUALTY INFORMATION POLICY- Media access approved by the primary next of kin shall waive the Department of Defense policy on 24-hour delay in release of casualty information to the media and general public for that specific case.

(3) MEMBER PREFERENCE- The Secretary of Defense shall develop a long-term plan to obtain the preference of members of the Armed Forces regarding media access at ceremonies for the dignified transfer of the remains of the member if they ever become a casualty.

(c) Travel and Transportation Allowance- The Secretary of a military department shall provide the primary next of kin and two additional family members of a deceased member of the Armed Forces with travel to, and from, Dover Air Force Base via Invitational Travel Authorizations to attend the dignified transfer ceremony. The Secretary may include additional family members on a case-by-case basis. At the discretion of the Secretary, and at the request of the primary next of kin, the service casualty assistance officer or family liaison officer may escort and accompany the primary next of kin to the dignified transfer ceremony.

(d) Effective Date- This section shall take effect one year after the date of the enactment of this Act.

Subtitle G--Decorations and Awards

Sec. 571. Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation.

(a) In General- The Secretary of the military department concerned shall, upon the application of an individual who is an eligible veteran, award that individual the Vietnam Service Medal, notwithstanding any otherwise applicable requirements for the award of that medal. Any such award shall be made in lieu of any Armed Forces Expeditionary Medal awarded the individual for the individual's participation in the Mayaguez rescue operation.

(b) Eligible Veteran- For purposes of this section, the term `eligible veteran' means a member or former member of the Armed Forces who was awarded the Armed Forces Expeditionary Medal for participation in military operations known as the Mayaguez rescue operation of May 12-15, 1975.

Sec. 572. Authorization and request for award of Medal of Honor to Anthony T. Koho'ohanohano for acts of valor during the Korean War.

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

(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of then Private First Class Anthony T. Koho'ohanohano of Company H of the 17th Infantry Regiment of the 7th Infantry Division on September 1, 1951, during the Korean War for which he was originally awarded the distinguished-service cross.

Sec. 573. Authorization and request for award of distinguished-service cross to Jack T. Stewart for acts of valor during the Vietnam War.

(a) Authorization- Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army is authorized and requested to award the distinguished-service cross under section 3742 of such title to former Captain Jack T. Stewart of the United States Army for the acts of valor during the Vietnam War described in subsection (b).

(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of Captain Jack T. Stewart as commander of a two-platoon Special Forces Mike Force element in combat with two battalions of the North Vietnamese Army on March 24, 1967, during the Vietnam War.

Sec. 574. Authorization and request for award of distinguished-service cross to William T. Miles, Jr., for acts of valor during the Korean War.

(a) Authorization- Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army is authorized and requested to award the distinguished-service cross under section 3742 of such title to former to former Sergeant First William T. Miles, Jr., of the United States Army for the acts of valor during the Korean War described in subsection (b).

(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of Sergeant First Class William T. Miles, Jr,. as a member of United States Special Forces from June 18, 1951, to July 6, 1951, during the Korean War, when he fought a delaying action against enemy forces in order to allow other members of his squad to escape an ambush.

Subtitle H--Military Families

Sec. 581. Pilot program to secure internships for military spouses with Federal agencies.

(a) Cost-Reimbursement Agreements With Federal Agencies- The Secretary of Defense may enter into an agreement with the head of an executive department or agency that has an established internship program to reimburse the department or agency for authorized costs associated with the first year of employment of an eligible military spouse who is selected to participate in the internship program of the department or agency.

(b) Eligible Military Spouses-

(1) ELIGIBILITY- Except as provided in paragraph (2), any person who is married to a member of the Armed Forces on active duty is eligible for selection to participate in an internship program under a reimbursement agreement entered into under subsection (a).

(2) EXCLUSIONS- Reimbursement may not be provided with respect to the following persons:

(A) A person who is legally separated from a member of the Armed Forces under court order or statute of any State, the District of Columbia, or possession of the United States when the person begins the internship.

(B) A person who is also a member of the Armed Forces on active duty.

(C) A person who is a retired member of the Armed Forces.

(c) Funding Source- Amounts authorized to be appropriated for operation and maintenance, for Defense-wide activities, shall be available to carry out this section.

(d) Definitions- In this section:

(1) The term `authorized costs' includes the costs of the salary, benefits and allowances, and training for an eligible military spouse during the first year of the participation of the military spouse in an internship program pursuant to an agreement under subsection (a).

(2) The term `internship' means a professional, analytical, or administrative position in the Federal Government that operates under a developmental program leading to career advancement.

(e) Termination of Agreement Authority- No agreement may be entered into under subsection (a) after September 30, 2011. Authorized costs incurred after that date may be reimbursed under an agreement entered into before that date in the case of eligible military spouses who begin their internship by that date.

(f) Reporting Requirement- Not later than January 1, 2012, the Secretary of Defense shall submit to the congressional defense committees a report that provides information on how many eligible military spouses received internships pursuant to agreements entered into under subsection (a) and the types of internship positions they occupied. The report shall specify the number of interns who subsequently obtained permanent employment with the department or agency administering the internship program or with another department or agency. The Secretary shall include a recommendation regarding whether, given the investment of Department of Defense funds, the authority to enter into agreements should be extended, modified, or terminated.

Sec. 582. Report on progress made in implementing recommendations to reduce domestic violence in military families.

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

(b) Report- Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report containing the results of the review and assessment under subsection (a).

Sec. 583. Modification of Servicemembers Civil Relief Act regarding termination or suspension of service contracts and effect of violation of interest rate limitation.

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

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

`(a) Termination or Suspension by Servicemember- A servicemember who is party to or enters into a contract described in subsection (c) may terminate or suspend, at the servicemember's option, the contract at any time after the date of the servicemember's military orders, as described in subsection (c).

`(b) Special Rules-

`(1) A suspension under subsection (a) of a contract by a servicemember shall continue for the length of the servicemember's deployment pursuant to the servicemember's military orders.

`(2) A service provider under a contract suspended or terminated under subsection (a) by a servicemember may not impose a suspension fee or early termination fee in connection with the suspension or termination of the contract, other than a nominal fee for the suspension; except that the service provider may impose a reasonable fee for any equipment remaining on the premises of the servicemember during the period of the suspension. The servicemember may defer, without penalty, payment of such a nominal fee or reasonable fee for the length of the servicemember's deployment pursuant to the servicemember's military orders.

`(3) In any case in which the contract being suspended under subsection (a) is for cellular telephone service or telephone exchange service, the servicemember, after the date on which the suspension of the contract ends, may keep, to the extent practicable and in accordance with all applicable laws and regulations, the same telephone number the servicemember had before the servicemember suspended the contract.

`(c) Covered Contracts- This section applies to a contract for cellular telephone service, telephone exchange service, multichannel video programming service, Internet access service, water, electricity, oil, gas, or other utility if the servicemember enters into the contract and thereafter receives military orders--

`(1) to deploy with a military unit, or as an individual, in support of a contingency operation for a period of not less than 90 days; or

`(2) for a change of permanent station to a location that does not support the contract.

`(d) Manner of Termination or Suspension-

`(1) IN GENERAL- Termination or suspension of a contract under subsection (a) is made by delivery by the servicemember of written notice of such termination or suspension and a copy of the servicemember's military orders to the other party to the contract (or to that party's grantee or agent).

`(2) NATURE OF NOTICE- Delivery of notice under paragraph (1) may be accomplished--

`(A) by hand delivery;

`(B) by private business carrier;

`(C) by facsimile; or

`(D) by placing the written notice and a copy of the servicemember's military orders in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the party to be notified (or that party's grantee or agent), and depositing the envelope in the United States mails.

`(e) Date of Contract Termination or Suspension- Termination or suspension of a service contract under subsection (a) is effective as of the date on which the notice under subsection (d) is delivered.

`(f) Other Obligations and Liabilities- The service provider under the contract may not impose an early termination or suspension charge, but any tax or any other obligation or liability of the servicemember that, in accordance with the terms of the contract, is due and unpaid or unperformed at the time of termination or suspension of the contract shall be paid or performed by the servicemember.

`(g) Fees Paid in Advance- A fee or amount paid in advance for a period after the effective date of the termination of the contract shall be refunded to the servicemember by the other party (or that party's

ed as justice and equity require.

`(i) Criminal Penalty- Whoever knowingly violates this section shall be fined not more than $5,000 in the case of an individual or $10,000 in the case of an organization.

`(j) Private Right of Action-

`(1) IN GENERAL- A servicemember harmed by a violation of this section may in a civil action--

`(A) obtain any appropriate equitable relief with respect to the violation; and

`(B) recover an amount equal to three times the damages sustained as a result of the violation.

`(2) COSTS AND ATTORNEY FEES- The court shall award to a servicemember who prevails in an action under paragraph (1) the costs of the action, including a reasonable attorney fee.

`(3) PRESERVATION OF OTHER REMEDIES- Nothing in this section shall be construed to preclude or limit any remedy otherwise available under law to the servicemember with respect to conduct prohibited under this section.

`(k) Definitions- In this section:

`(1) MULTICHANNEL VIDEO PROGRAMMING SERVICE- The term `multichannel video programming service' means video programming service provided by a multichannel video programming distributor, as such term is defined in section 602(13) of the Communications Act of 1934 (47 U.S.C. 522(13)).

`(2) INTERNET ACCESS SERVICE- The term `Internet access service' has the meaning given that term under section 231(e)(4) of the Communications Act of 1934 (47 U.S.C. 231(e)(4)).

`(3) CELLULAR TELEPHONE SERVICE- The term `cellular telephone service' means commercial mobile service, as that term is defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).

`(4) TELEPHONE EXCHANGE SERVICE- The term `telephone exchange service' has the meaning given that term under section 3 of the Communications Act of 1934 (47 U.S.C. 153).'.

(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by striking the item relating to section 305A and inserting the following new item:

`Sec. 305A. Termination or suspension of service contracts.'.

(c) Violation of Interest Rate Limitation- Section 207 of such Act is amended--

(1) by amending subsection (e) to read as follows:

`(e) Criminal Penalty-

`(1) IN GENERAL- Whoever knowingly violates this section shall be fined not more than $5,000 in the case of an individual or $10,000 in the case of an organization.

`(2) DETERMINATION OF NUMBER OF VIOLATIONS- The court shall count as a separate violation each obligation or liability of a servicemember with respect to which--

`(A) the servicemember properly provided to the creditor written notice and a copy of the military orders calling the servicemember to military service and any orders further extending military service under subsection (b); and

`(B) the creditor fails to act in accordance with subsection (a).';

(2) by redesignating subsection (f) as subsection (g);

(3) by inserting after subsection (e) the following new subsection (f):

`(f) Rights of Servicemembers-

`(1) PRIVATE RIGHT OF ACTION - A servicemember harmed by a violation of this section may in a civil action--

`(A) obtain any appropriate equitable relief with respect to the violation; and

`(B) recover an amount equal to three times the damages sustained as a result of the violation.

`(2) COSTS AND ATTORNEY FEES- The court shall award to a servicemember who prevails in an action under paragraph (1) the costs of the action, including a reasonable attorney fee.

(4) in subsection (g), as redesignated by paragraph (2) of this subsection, by inserting `and (f)' after `subsection (e)'.

(d) Effective Date- The amendment made by subsection (a) shall apply with respect to a contract entered into on or after the date of the enactment of this Act

Sec. 584. Protection of child custody arrangements for parents who are members of the armed forces deployed in support of a contingency operation.

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

`SEC. 208. CHILD CUSTODY PROTECTION.

`(a) Restriction on Change of Custody- If a motion for change of custody of a child of a servicemember is filed while the servicemember is deployed in support of a contingency operation, no court may enter an order modifying or amending any previous judgment or order, or issue a new order, that changes the custody arrangement for that child that existed as of the date of the deployment of the servicemember, except that a court may enter a temporary custody order if the court finds that it is in the best interest of the child.

`(b) Completion of Deployment- In any preceding covered under subsection (a), a court shall require that, upon the return of the servicemember from deployment in support of a contingency operation, the custody order that was in effect immediately preceding the date of the deployment of the servicemember is reinstated, unless the court finds that such a reinstatement is not in the best interest of the child, except that any such finding shall be subject to subsection (c).

`(c) Exclusion of Military Service From Determination of Child's Best Interest- If a motion for the change of custody of the child of a servicemember is filed, no court may consider the absence of the servicemember by reason of deployment, or possibility of deployment, in determining the best interest of the child.

`(d) No Federal Right of Action- Nothing in this section shall create a Federal right of action.

`(e) Preemption- In any case where State or Federal law applicable to a child custody proceeding under State or Federal law provides a higher standard of protection to the rights of the parent who is a servicemember than the rights provided under this section, the State or Federal court shall apply the State or Federal standard.

`(f) Contingency Operation Defined- In this section, the term `contingency operation' has the meaning given that term in section 101(a)(13) of title 10, United States Code, except that the term may include such other deployments as the Secretary may prescribe.'.

(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title II the following new item:

`208. Child custody protection.'.

Sec. 585. Definitions in Family and Medical Leave Act of 1993 related to active duty, servicemembers, and related matters.

(a) Definition of Covered Active Duty-

(1) DEFINITION- Paragraph (14) of section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended--

(A) by striking all that precedes `under a call' and inserting the following:

`(14) COVERED ACTIVE DUTY- The term `covered active duty' means--

`(A) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and

`(B) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country'; and

(B) by striking `101(a)(13)(B)' and inserting `101(a)(13)'.

(2) LEAVE- Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended--

(A) in subsection (a)(1)(E), by striking `active duty' each place it appears and inserting `covered active duty'; and

(B) in subsection (e)(3)--

(i) in the paragraph heading, by striking `ACTIVE DUTY' and inserting `COVERED ACTIVE DUTY'; and

(ii) by striking `active duty' each place it appears and inserting `covered active duty'.

(3) CONFORMING AMENDMENT- Section 103(f) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613(f)) is amended, in the subsection heading, by striking `Active Duty' both places it appears and inserting `Covered Active Duty'.

(b) Definition of Covered Servicemember- Section 101 of the Family and Medical Leave Act of 1993 is further amended by striking paragraph (16) and inserting the following new paragraph:

`(16) COVERED SERVICEMEMBER- The term `covered servicemember' means--

`(A) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or

`(B) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.'.

(c) Definitions of Serious Injury or Illness; Veteran- Section 101 of the Family and Medical Leave Act of 1993 is further amended by striking paragraph (19) and inserting the following new paragraphs:

`(19) SERIOUS INJURY OR ILLNESS- The term `serious injury or illness'--

`(A) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness incurred by the member in line of duty on covered active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and

`(B) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (16)(B), means an injury or illness incurred by the member in line of duty on covered active duty in the Armed Forces, that manifested itself after the member became a veteran, and that may have rendered the member medically unfit to perform the duties of the member's office, grade, rank, or rating on the date the injury or illness was incurred if the injury or illness had manifested itself on that date.

`(20) VETERAN- The term `veteran' has the meaning given the term in section 101 of title 38, United States Code.'.

(d) Technical Amendment- Section 102(e)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) is amended by striking `or parent' and inserting `parent, or next of kin (for leave taken under subsection (a)(3))'.

(e) Effective Date and Regulations- The amendments made by this section shall take effect on the date of the enactment of this Act. Not later than 120 days after such date, the Secretary of Labor shall issue direct final conforming regulations solely to implement such amendments.

Subtitle I--Other Matters

Sec. 591. Navy grants to Naval Sea Cadet Corps.

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

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

`Subject to the availability of funds for this purpose, the Secretary of the Navy may make grants to support the purposes of the Naval Sea Cadet Corps, a federally chartered corporation under chapter 1541 of title 36.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7541a the following new item:

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

Sec. 592. Improved response and investigation of allegations of sexual assault involving members of the Armed Forces.

(1) REPORT REQUIRED- Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report containing a review of the capacity of each service of the Armed Forces to investigate and adjudicate allegations of sexual assault to determine whether there are any barriers that negatively affect the ability of that service to facilitate the investigation and adjudication of such allegations to the full extent of the Uniform Code of Military Justice.

(2) ELEMENTS OF REPORT- The report required by paragraph (1) shall include a review of the following:

(A) The command processes of each of the Armed Forces for handling allegations of sexual assault (including command guidance, standing orders, and related matters), the staff judge advocate structure of each Armed Force for cases of sexual assault, and the personnel and budget resources allocated to handle allegations of sexual assault.

(B) The extent to which command decisions regarding the disposition of cases properly direct cases to the most-appropriate venue for adjudication.

(C) The effectiveness of personnel training methods regarding investigation and adjudication of sexual assault cases.

(D) The capacity to investigate and adjudicate sexual assault cases in combat zones.

(E) The recommendations of the Defense Task Force on Sexual Assault in the Military regarding investigation and adjudication of sexual assault.

(b) Prevention- Not later than 180 days after the dates of the enactment of this Act, the Secretary of Defense shall develop and submit to the congressional defense committees a sexual assault prevention program, which shall include, at minimum, the following components:

(1) Action plans for reducing the number of sexual assaults, with timelines for implementation of the plans, development tools, and a comprehensive evaluation process.

(2) A mechanism to measure the effectiveness of the program, to include outcome measurement and metrics.

(3) Training programs for commanders and senior enlisted leaders, including pre-command courses.

(4) The budget necessary to permit full implementation of the program.

(c) Sexual Assault Forensic Exams-

(1) AVAILABILITY OF SEXUAL ASSAULT FORENSIC EXAMS IN COMBAT ZONES- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report evaluating the availability of sexual assault forensic examinations in combat zones. The report shall include, at a minimum, the following:

(A) The current availability of sexual assault forensic examinations in combat zones.

(B) The barriers to providing sexual assault forensic examinations at all echelons of care in combat zones.

(C) Any legislative actions required to improve the availability of sexual assault forensic examinations in combat zones.

(2) TRICARE COVERAGE FOR FORENSIC EXAMINATION FOLLOWING SEXUAL ASSAULT OR DOMESTIC VIOLENCE- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the progress made in implementing section 1079(a)(17) of title 10, United States Code, as added by section 701 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-324; 120 Stat. 2279).

(d) Military Protective Orders-

(1) COLLECTION OF STATISTICAL INFORMATION- Not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall require that sexual assault statistics collected by the Department of Defense include information on whether a military protective order was issued that involved either the victim or alleged perpetrator of a sexual assault. The Secretary shall include such information in the annual report submitted to Congress on sexual assaults involving members of the Armed Forces.

(2) INFORMATION TO MEMBERS- The Secretary of Defense shall ensure that, when a military protective order is issued to protect a member of the Armed Forces, the member is informed of the right of the member to request a base transfer from the command.

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

(a) Authority to Increase DOD Share of Program- Section 509(d)(1) of title 32, United States Code, is amended by striking `60 percent of the costs' and inserting `75 percent of the costs'.

(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2009, and shall apply with respect to fiscal years beginning on or after that date.

To Top

To Title V

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

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

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

(b) Increase in Basic Pay- Effective on January 1, 2010, the rates of monthly basic pay for members of the uniformed services are increased by 3.4 percent.

Sec. 602. Special monthly compensation allowance for members with combat-related catastrophic injuries or illnesses pending their retirement or separation for physical disability.

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

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

`(a) Compensation Authorized- (1) The Secretary concerned may pay to any member of the uniformed services described in paragraph (2) a special monthly compensation in an amount determined under subsection (b).

`(2) Subject to paragraph (3), a member eligible for the compensation authorized by paragraph (1) is a member--

`(A) who has a combat-related catastrophic injury or illness; and

`(B) who has been certified by a licensed physician as being in need of assistance from another person to perform the personal functions required in everyday living; and

`(3) The Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) may establish additional eligibility criteria in the regulations required by subsection (e).

`(b) Authorized Amount of Compensation- (1) The amount of the special monthly compensation authorized by subsection (a) shall be determined under criteria prescribed in the regulations required by subsection (e), except that the amount may not exceed the amount of the aid and attendance allowance authorized by section 1114(r) of title 38 for veterans in need of regular aid and attendance.

`(2) In determining the amount of the special monthly compensation to be provided to a member, the Secretary concerned shall consider the extent to which--

`(A) home health care and related services are being provided to the member by the Government; and

`(B) aid and attendance services are being provided by family and friends of the member who may be compensated with funds provided through the special monthly compensation authorized by this section.

`(c) Termination- The eligibility of a member to receive special monthly compensation under subsection (a) terminates on the earlier of the following:

`(1) The first month following the end of the 90-day period beginning on the date of the separation or retirement of the member.

`(2) The first month beginning after the death of the member.

`(3) The first month beginning after the date on which the member is determined to be no longer afflicted with a catastrophic injury or illness.

`(d) Definitions- In this section:

`(1) The term `catastrophic injury or illness' means a permanent, severely disabling injury, disorder, or illness that the Secretary concerned determines compromises the ability of the afflicted person to carry out the activities of daily living to such a degree that the person requires--

`(A) personal or mechanical assistance to leave home or bed; or

`(B) constant supervision to avoid physical harm to self or others.

`(2) The term `combat-related', with respect to a catastrophic injury or illness, means a wound, injury, or illness for which the member involved was awarded the Purple Heart or that was incurred as described in section 1413a(e)(2) of title 10.

`(e) Regulations- The Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) shall prescribe regulations to carry out this section.'.

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

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

Sec. 603. Stabilization of pay and allowances for senior enlisted members and warrant officers appointed as officers and officers reappointed in a lower grade.

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

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

`(a) Stabilization of Pay and Allowances- A member of the armed forces who accepts an appointment or reappointment as an officer without a break in service shall, for service as an officer, be paid the greater of--

`(1) the pay and allowances to which the officer is entitled as an officer; or

`(2) the pay and allowances to which the officer would be entitled if the officer were in the last grade the officer held before the appointment or reappointment as an officer.

`(b) Covered Pays- (1) Subject to paragraphs (2) and (3), for the purposes of this section, the pay of a grade formerly held by an officer described in subsection (a) include special and incentive pays under chapter 5 of this title.

`(2) In determining the amount of the pay of a grade formerly held by an officer, special and incentive pays may be considered only so long as the officer continues to perform the duty that creates the entitlement to, or eligibility for, that pay and would otherwise be eligible to receive that pay in the former grade.

`(3) Special and incentive pays that are dependent on a member being in an enlisted status may not be considered in determining the amount of the pay of a grade formerly held by an officer.

`(c) Covered Allowances- (1) Subject to paragraph (2), for the purposes of this section, the allowances of a grade formerly held by an officer described in subsection (a) include allowances under chapter 7 of this title.

`(2) The clothing allowance under section 418 of this title may not be considered in determining the amount of the allowances of a grade formerly held by an officer described in subsection (a) if the officer is entitled to a uniform allowance under section 415 of this title.

`(d) Rates of Pay and Allowances- For the purposes of this section, the rates of pay and allowances of a grade that an officer formerly held are those rates that the officer would be entitled to had the officer remained in that grade and continued to receive the increases in pay and allowances authorized for that grade, as otherwise provided in this title or other provisions of law.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 907 and inserting the following new item:

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

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

(a) Report Required- Not later than July 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report containing--

(1) a review of the housing standards used to determine the monthly rates of basic allowance for housing under section 403 of title 37, United States Code; and

(2) such recommended changes to the standards, including an estimate of the cost of each recommended change, as the Secretary considers appropriate.

(b) Elements of Review- The Secretary shall consider whether the housing standards are suitable in terms of--

(1) recognizing the societal needs and expectations of families in the United States;

(2) providing for an appropriate quality of life for members of the Armed Forces in all grades; and

(3) recognizing the appropriate rewards and prestige associated with promotion to higher military grades throughout the rank structure.

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.