< Back to S. 1391 (111th Congress, 2009–2010)

Text of the Department of Defense Authorization Act for Fiscal Year 2010

This bill was introduced in a previous session of Congress and was passed by the Senate on July 23, 2009 but was never passed by the House. The text of the bill below is as of Jul 23, 2009 (Passed the Senate (Engrossed)).

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Source: GPO

111th CONGRESS

1st Session

S. 1391

IN THE SENATE OF THE UNITED STATES

AN ACT

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

1.

Short title

This Act may be cited as the Department of Defense Authorization Act for Fiscal Year 2010.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees.

DIVISION A—Department of Defense Authorizations

TITLE I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Funding table.

Sec. 106. Elimination of F–22A aircraft procurement funding.

Subtitle B—Navy Programs

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

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

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

Sec. 114. Report on a service life extension program for Oliver Hazard Perry class frigates.

Sec. 115. Competitive bidding for procurement of steam turbines for ships service turbine generators and main propulsion turbines for Ohio-class submarine replacement program.

Subtitle C—Air Force Matters

Sec. 121. Limitation on retirement of C–5 aircraft.

Sec. 122. Revised availability of certain funds available for the F–22A fighter aircraft.

Sec. 123. Report on potential foreign military sales of the F–22A fighter aircraft.

Sec. 124. Next generation bomber aircraft.

Sec. 125. AC–130 gunships.

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

Subtitle D—Joint and Multiservice Matters

Sec. 131. Modification of nature of data link utilizable by tactical unmanned aerial vehicles.

TITLE II—Research, Development, Test, and Evaluation

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on use of funds for an alternative propulsion system for the F–35 Joint Strike Fighter program; increase in funding for procurement of UH–1Y/AH–1Z rotary wing aircraft and for management reserves for the F–35 Joint Strike Fighter program.

Sec. 212. Enhancement of duties of Director of Department of Defense Test Resource Management Center with respect to the Major Range and Test Facility Base.

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

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

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

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

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

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

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

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

Sec. 221. Systems engineering and prototyping program.

Subtitle C—Missile Defense Programs

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

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

Sec. 243. Assessment and plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System.

Sec. 244. Report on potential missile defense cooperation with Russia.

Sec. 245. Continued production of Ground-based Interceptor missile and operation of Missile Field 1 at Fort Greely, Alaska.

Sec. 246. Sense of Senate on and reservation of funds for development and deployment of missile defense systems in Europe.

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

Subtitle D—Other Matters

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

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

Sec. 253. Evaluation of Extended Range Modular Sniper Rifle Systems.

TITLE III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Environmental Provisions

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

Subtitle C—Workplace and Depot Issues

Sec. 321. Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities.

Sec. 322. Improvement of inventory management practices.

Sec. 323. Temporary suspension of authority for public–private competitions.

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

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

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

Sec. 324. Extension of arsenal support program initiative.

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

Subtitle D—Energy Provisions

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

Sec. 332. Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs.

Sec. 333. Alternative Aviation Fuel Initiative.

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

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

Subtitle E—Reports

Sec. 341. Study on Army modularity.

Sec. 342. Plan for managing vegetative encroachment at training ranges.

Sec. 343. Report on status of Air National Guard and Air Force Reserve.

TITLE IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Additional authority for increases of Army active-duty end strengths for fiscal years 2010, 2011, and 2012.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

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

Sec. 416. Report on trainee account for the Army National Guard.

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

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V—Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Modification of limitations on general and flag officers on active duty.

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

Sec. 503. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff.

Sec. 504. Chief and Deputy Chief of Chaplains of the Air Force.

Subtitle B—Reserve Component Management

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

Subtitle C—Education and Training

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

Sec. 522. Expansion of criteria for appointment as member of the Board of Regents of the Uniformed Services University of the Health Sciences.

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

Sec. 524. Air Force Academy Athletic Association.

Subtitle D—Defense Dependents' Education Matters

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

Sec. 532. Impact aid for children with severe disabilities.

Sec. 533. Two-year extension of authority for assistance to local educational agencies with enrollment changes due to base closures, force structure changes, or force relocations.

Sec. 534. Permanent authority for enrollment in defense dependents' education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe.

Sec. 535. Study on options for educational opportunities for dependent children of members of the Armed Forces who do not attend Department of Defense dependents schools.

Sec. 536. Sense of Senate on the Interstate Compact on Educational Opportunity for Military Children.

Sec. 537. Comptroller General audit of assistance to local educational agencies for dependent children of members of the Armed Forces.

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

Subtitle E—Military Justice and Legal Assistance Matters

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

Subtitle F—Military Family Readiness Matters

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

Sec. 552. Comprehensive plan on prevention, diagnosis, and treatment of substance use disorders and disposition of substance abuse offenders in the Armed Forces.

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

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

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

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

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

Sec. 558. Report on Yellow Ribbon Reintegration Program.

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

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

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

Subtitle G—Other Matters

Sec. 571. Deadline for report on sexual assault in the Armed Forces by Defense Task Force on Sexual Assault in the Military Services.

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

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

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

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

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

Sec. 577. Provision to members of the Armed Forces and their families of comprehensive information on benefits for members of the Armed Forces and their families.

Subtitle H—Military voting

Sec. 581. Short title.

Sec. 582. Findings.

Sec. 583. Clarification regarding delegation of State responsibilities.

Sec. 584. Establishment of procedures for absent uniformed services voters and overseas voters to request and for states to send voter registration applications and absentee ballot applications by mail and electronically.

Sec. 585. Establishment of procedures for States to transmit blank absentee ballots by mail and electronically to absent uniformed services voters and overseas voters.

Sec. 586. Ensuring absent uniformed services voters and overseas voters have time to vote.

Sec. 587. Procedures for Collection and Delivery of Marked Absentee Ballots of Absent Overseas Uniformed Services Voters.

Sec. 588. Federal write-in absentee ballot.

Sec. 589. Prohibiting refusal to accept voter registration and absentee ballot applications, marked absentee ballots, and federal write-in absentee ballots for failure to meet certain requirements.

Sec. 590. Federal Voting Assistance Program Improvements.

Sec. 591. Development of standards for reporting and storing certain data.

Sec. 592. Repeal of provisions relating to use of single application for all subsequent elections.

Sec. 593. Reporting requirements.

Sec. 594. Annual report on enforcement.

Sec. 595. Requirements payments.

Sec. 596. Technology pilot program.

TITLE VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

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

Sec. 602. Comptroller General of the United States comparative assessment of military and private-sector pay and benefits.

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

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

Subtitle B—Bonuses and Special and Incentive Pays

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

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

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

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

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

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

Sec. 617. Special compensation for members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living.

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

Subtitle C—Travel and Transportation Allowances

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

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

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

Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on active duty and their dependents for travel for specialty care under exceptional circumstances.

Sec. 635. Travel and transportation for survivors of deceased members of the uniformed services to attend memorial ceremonies.

Subtitle D—Other Matters

Sec. 651. Authority to continue provision of incentives after termination of temporary Army authority to provide additional recruitment incentives.

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

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

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

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

Sec. 656. Assistance with transitional benefits.

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

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

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

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

TITLE VII—Health Care Provisions

Subtitle A—TRICARE Program

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

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

Sec. 703. Constructive eligibility for TRICARE benefits of certain persons otherwise ineligible under retroactive determination of entitlement to Medicare part A hospital insurance benefits.

Sec. 704. Reform and improvement of the TRICARE program.

Sec. 705. Comptroller General of the United States report on implementation of requirements on the relationship between the TRICARE program and employer-sponsored group health plans.

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

Sec. 707. Notification of certain individuals regarding options for enrollment under Medicare part B.

Subtitle B—Other Health Care Benefits

Sec. 711. Mental health assessments for members of the Armed Forces deployed in connection with a contingency operation.

Sec. 712. Enhancement of transitional dental care for members of the reserve components on active duty for more than 30 days in support of a contingency operation.

Sec. 713. Reduction of minimum distance of travel for reimbursement of covered beneficiaries of the military health care system for travel for specialty health care.

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

Subtitle C—Health Care Administration

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

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

Sec. 723. Department of Defense study on management of medications for physically and psychologically wounded members of the Armed Forces.

Sec. 724. Prescription of antidepressants for troops serving in Iraq and Afghanistan.

Subtitle D—Wounded Warrior Matters

Sec. 731. Pilot program for the provision of cognitive rehabilitative therapy services under the TRICARE program.

Sec. 732. Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces.

Sec. 733. Report on use of alternative therapies in treatment of post-traumatic stress disorder.

TITLE VIII—Acquisition Policy, Acquisition Management, and Related Matters

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

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

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

Subtitle B—Acquisition Policy and Management

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

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

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

Sec. 814. Treatment of non-Defense Agency procurements under joint programs with the Department of Defense under limitations on non-Defense Agency procurements on behalf of the Department of Defense.

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

Subtitle C—Contractor Matters

Sec. 821. Authority for government support contractors to have access to technical data belonging to prime contractors.

Sec. 822. Extension and enhancement of authorities on the Commission on Wartime Contracting in Iraq and Afghanistan.

Sec. 823. Prohibition on interrogation of detainees by contractor personnel.

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

Subtitle D—Other Matters

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

Sec. 832. Small arms production industrial base matters.

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

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

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

Sec. 836. Repeal of requirements relating to the military system essential item breakout list.

Sec. 837. Defense Science Board report on rare earth materials in the defense supply chain.

Sec. 838. Small business contracting programs parity.

TITLE IX—Department of Defense Organization and Management

Subtitle A—Department of Defense Management

Sec. 901. Deputy Under Secretaries of Defense and Assistant Secretaries of Defense.

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

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

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

Subtitle B—Space Matters

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

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

Subtitle C—Intelligence Matters

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

Subtitle D—Other Matters

Sec. 931. United States Military Cancer Institute.

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

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

TITLE X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Audit readiness of financial statements of the Department of Defense.

Subtitle B—Naval Vessels and Shipyards

Sec. 1011. Temporary reduction in minimum number of aircraft carriers in active service.

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

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

Sec. 1014. Designation of U.S.S. Constitution as America's Ship of State.

Subtitle C—Counter-Drug Activities

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

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

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

Subtitle D—Military Commissions

Sec. 1031. Military commissions.

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

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

Subtitle E—Medical Facility Matters

Sec. 1041. Short title.

Sec. 1042. Executive agreement.

Sec. 1043. Transfer of property.

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

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

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

Sec. 1047. Extension of DOD–VA Health Care Sharing Incentive Fund.

Subtitle F—Miscellaneous Requirements, Authorities, and Limitations

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

Sec. 1052. National strategic five-year plan for improving the nuclear forensic and attribution capabilities of the United States.

Sec. 1053. One-year extension of authority to offer and make rewards for assistance in combating terrorism through government personnel of allied forces.

Sec. 1054. Business process reengineering.

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

Sec. 1056. Additional subpoena authority for the Inspector General of the Department of Defense.

Sec. 1057. Reports on bandwidth requirements for major defense acquisition programs and major system acquisition programs.

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

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

Subtitle G—Reports

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

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

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

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

Sec. 1075. Report on Air America.

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

Sec. 1077. Report on defense travel simplification.

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

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

Subtitle H—Other Matters

Sec. 1081. Transfer of Navy aircraft N40VT.

Sec. 1082. Transfer of Big Crow aircraft.

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

Sec. 1084. Pilot program on use of service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities.

Sec. 1085. Expansion of State home care for parents of veterans who died while serving in Armed Forces.

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

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

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

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

Sec. 1090. Contracting improvements.

Sec. 1091. National D–Day Memorial study.

TITLE XI—Civilian Personnel Matters

Subtitle A—Personnel

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

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

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

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

Sec. 1105. Department of Defense Civilian Leadership Program.

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

Subtitle B—Part-Time Reemployment of Annuitants

Sec. 1161. Short title.

Sec. 1162. Part-time reemployment.

Sec. 1163. General Accountability Office report.

TITLE XII—Matters Relating to Foreign Nations

Subtitle A—Assistance and Training

Sec. 1201. Increase in unit cost threshold for purchases using certain funds under the Combatant Commander Initiative Fund.

Sec. 1202. Authority to provide administrative services and support to coalition liaison officers of certain foreign nations assigned to United States Joint Forces Command.

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

Sec. 1204. Modification of notification and reporting requirements for use of authority for support of special operations to combat terrorism.

Sec. 1205. Modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

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

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

Sec. 1208. Authority for non-reciprocal exchanges of defense personnel between the United States and foreign countries.

Sec. 1209. Defense cooperation between the United States and Iraq.

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

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

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

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

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

Subtitle B—Reports

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

Sec. 1222. Report on Cuba and Cuba's relations with other countries.

Sec. 1223. Report on Venezuela.

Sec. 1224. Report on military power of Iran.

Sec. 1225. Annual counterterrorism status reports.

Sec. 1226. Report on Taiwan's air force.

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

Subtitle C—Other Matters

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

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

Sec. 1233. Sense of the Senate on enforcement and imposition of sanctions with respect to North Korea; review to determine whether North Korea should be re-listed as a state sponsor of terrorism.

Sec. 1234. Report on the plan for the United States nuclear weapons stockpile, nuclear weapons complex, and delivery platforms and sense of the Senate on follow-on negotiations to START Treaty.

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

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

Subtitle D—VOICE Act

Sec. 1241. Short title.

Sec. 1242. Sense of Congress.

Sec. 1243. Statement of policy.

Sec. 1244. Authorization of appropriations.

Sec. 1245. Iranian Electronic Education, Exchange, and Media Fund.

Sec. 1246. Annual report.

Sec. 1247. Report on actions by non-Iranian companies.

Sec. 1248. Human rights documentation.

TITLE XIII—COOPERATIVE THREAT REDUCTION

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

Sec. 1302. Funding allocations.

Sec. 1303. Authority to enter into agreements to receive contributions for Biological Threat Reduction Program.

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

TITLE XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

Sec. 1403. Defense Health Program.

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

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

Sec. 1406. Defense Inspector General.

Sec. 1407. Funding table.

Subtitle B—National Defense Stockpile

Sec. 1411. Extension of previously authorized disposal of cobalt from National Defense Stockpile.

Sec. 1412. Authorization for actions to correct the industrial resource shortfall for high-purity beryllium metal in amounts not in excess of $80,000,000.

Subtitle C—Armed Forces Retirement Home

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

TITLE XV—Overseas Contingency Operations

Sec. 1501. Purpose.

Sec. 1502. Army procurement.

Sec. 1503. Navy and Marine Corps procurement.

Sec. 1504. Air Force procurement.

Sec. 1505. Defense-wide activities procurement.

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

Sec. 1507. Operation and maintenance.

Sec. 1508. Military personnel.

Sec. 1509. Working capital funds.

Sec. 1510. Defense Health Program.

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

Sec. 1512. Defense Inspector General.

Sec. 1513. Treatment as additional authorizations.

Sec. 1514. Funding tables.

Sec. 1515. Special transfer authority.

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

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

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.

A

Department of Defense Authorizations

I

Procurement

A

Authorization of Appropriations

101.

Army

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

(1)

For aircraft, $5,144,891,000.

(2)

For missiles, $1,375,109,000.

(3)

For weapons and tracked combat vehicles, $2,451,952,000.

(4)

For ammunition, $2,059,895,000.

(5)

For other procurement, $9,617,991,000.

102.

Navy and Marine Corps

(a)

Navy

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

(1)

For aircraft, $18,655,412,000.

(2)

For weapons, including missiles and torpedoes, $3,515,455,000.

(3)

For shipbuilding and conversion, $13,776,867,000.

(4)

For other procurement, $5,595,176,000.

(b)

Marine Corps

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Marine Corps in the amount of $1,600,638,000.

(c)

Navy and Marine Corps Ammunition

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

103.

Air Force

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

(1)

For aircraft, $13,077,876,000.

(2)

For missiles, $6,107,728,000.

(3)

For ammunition, $822,462,000.

(4)

For other procurement, $17,245,341,000.

104.

Defense-wide activities

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

(1)

For Defense-wide procurement, $4,050,052,000.

(2)

For the Rapid Acquisition Fund, $79,300,000.

(3)

For the Mine Resistant Ambush Protected Vehicle Fund, $1,200,000,000.

105.

Funding table

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

106.

Elimination of F–22A aircraft procurement funding

(a)

Elimination of funding

The amount authorized to be appropriated by section 103(1) for procurement for the Air Force for aircraft procurement is hereby decreased by $1,750,000,000, with the amount of the decrease to be derived from amounts available for F–22A aircraft procurement.

(b)

Restored funding

(1)

Operation and maintenance, Army

The amount authorized to be appropriated by section 301(1) for operation and maintenance for the Army is hereby increased by $350,000,000.

(2)

Operation and maintenance, Navy

The amount authorized to be appropriated by section 301(2) for operation and maintenance for the Navy is hereby increased by $100,000,000.

(3)

Operation and maintenance, Air Force

The amount authorized to be appropriated by section 301(4) for operation and maintenance for the Air Force is hereby increased by $250,000,000.

(4)

Operation and maintenance, Defense-wide

The amount authorized to be appropriated by section 301(5) for operation and maintenance for Defense-wide activities is hereby increased by $150,000,000.

(5)

Military personnel

The amount authorized to be appropriated by section 421(a)(1) for military personnel is hereby increased by $400,000,000.

(6)

Division A and division B generally

In addition to the amounts specified in paragraphs (1) through (5), the total amount authorized to be appropriated for the Department of Defense by divisions A and B is hereby increased by $500,000,000.

B

Navy Programs

111.

Treatment of Littoral Combat Ship program as a major defense acquisition program

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

112.

Report on strategic plan for homeporting the Littoral Combat Ship

(a)

Report required

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

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

An estimate of the costs of infrastructure required for Littoral Combat Ships at each homeport, including—

(A)

existing infrastructure; and

(B)

such upgraded infrastructure as may be required.

113.

Procurement programs for future naval surface combatants

(a)

Limitation on availability of funds pending reports about surface combatant shipbuilding programs

The Secretary of the Navy may not obligate or expend funds for the construction of, or advanced procurement of materials for, a surface combatant to be constructed after fiscal year 2011 until the Secretary has submitted to Congress each of the following:

(1)

An acquisition strategy for such surface combatants that has been approved by the Department of Defense.

(2)

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

(3)

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

(A)

Modeling and simulation, including war gaming conclusions regarding combat effectiveness for the selected ship platforms as compared to other reasonable alternative approaches.

(B)

Assessments of platform operational availability.

(C)

Life cycle costs from vessel manning levels to accomplish missions.

(4)

An intelligence analysis reflecting a coordinated threat assessment of the Defense Intelligence Agency that provides the basis for deriving the mix of platforms in the shipbuilding program concerned when compared with the surface combatants in the 2009 shipbuilding plan.

(5)

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

(6)

A verification by the commanders of the combatant commands that the shipbuilding program for the vessels concerned would be preferable to the surface combatants included in the 2009 shipbuilding plan for the vessels concerned in meeting all of their future mission requirements.

(7)

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

(b)

Future surface combatant acquisition strategy

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

(c)

Naval surface fire support

Not later than 120 days after the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees an update to the March 2006 Report to Congress on Naval Surface Fire Support. The update shall identify how the Department of Defense intends to address any shortfalls between required naval surface fire support capability and the plan of the Navy to provide that capability. The update shall include addenda by the Chief of Naval Operations and Commandant of the Marine Corps, as was the case in the 2006 report.

(d)

Technology roadmap for future surface combatants and fleet modernization

(1)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall develop a plan to incorporate into surface combatants constructed after 2011, and into fleet modernization programs, the technologies developed for the DDG–1000 destroyer and the DDG–51 and CG–47 Aegis ships, including the following:

(A)

For the DDG–1000 destroyer—

(i)

combat system;

(ii)

multi-function and dual-band radars;

(iii)

hull, mechanical and electrical systems achieving significant manpower savings; and

(iv)

integrated electric propulsion technologies.

(B)

For the DDG–51 and CG–47 Aegis ships—

(i)

combat system, including missile defense capability;

(ii)

hull, mechanical and electrical systems achieving manpower savings; and

(iii)

anti-submarine warfare sensor systems designed for operating in open ocean areas.

(2)

Scope of plan

The plan required by paragraph (1) shall include sufficient detail for systems and subsystems to ensure that the plan—

(A)

avoids redundant development for common functions;

(B)

reflects implementation of Navy plans for achieving an open architecture for all naval surface combat systems; and

(C)

fosters full and open competition.

(e)

Definition

In this section:

(1)

The term 2009 shipbuilding plan means the 30-year shipbuilding plan submitted to Congress pursuant to section 231, title 10, United States Code, together with the budget of the President for fiscal year 2009 (as submitted to Congress pursuant to section 1105 of title 31, United States Code).

(2)

The term surface combatant means a cruiser, a destroyer, or any naval vessel under a program currently designated as a future surface combatant program.

114.

Report on a service life extension program for Oliver Hazard Perry class frigates

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

(1)

A detailed analysis of a service life extension program (SLEP) for the Oliver Hazard Perry class frigates (FFGs), including—

(A)

the cost of the program;

(B)

a schedule for the program; and

(C)

the shipyards available to carry out the work under the program.

(2)

A detailed plan of the Navy for achieving a 313-ship fleet as contemplated by the 2006 Quadrennial Defense Review, including a comparison for purposes of that plan of decommissioning Oliver Hazard Perry class frigates as scheduled with extending the service life of such frigates under the service life extension program.

(3)

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

(4)

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

(5)

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

115.

Competitive bidding for procurement of steam turbines for ships service turbine generators and main propulsion turbines for Ohio-class submarine replacement program

The Secretary of the Navy shall take measures to ensure competition, or the option of competition, for steam turbines for the ships service turbine generators and main propulsion turbines for the Ohio-class submarine replacement program in accordance with section 202 of the Weapons Systems Acquisition Reform Act of 2009 (Public Law 111–23; 10 U.S.C. 2430 note).

C

Air Force Matters

121.

Limitation on retirement of C–5 aircraft

(a)

Limitation

The Secretary of the Air Force may not proceed with a decision to retire C–5A aircraft from the active inventory of the Air Force in any number that would reduce the total number of such aircraft in the active inventory below 111 until—

(1)

the Air Force has modified a C–5A aircraft to the configuration referred to as the Reliability Enhancement and Reengining Program (RERP) configuration, as planned under the C–5 System Development and Demonstration program as of May 1, 2003; and

(2)

the Director of Operational Test and Evaluation of the Department of Defense—

(A)

conducts an operational evaluation of that aircraft, as so modified; and

(B)

provides to the Secretary of Defense and the congressional defense committees an operational assessment.

(b)

Operational evaluation

An operational evaluation for purposes of paragraph (2)(A) of subsection (a) is an evaluation, conducted during operational testing and evaluation of the aircraft, as so modified, of the performance of the aircraft with respect to reliability, maintainability, and availability and with respect to critical operational issues.

(c)

Operational assessment

An operational assessment for purposes of paragraph (2)(B) of subsection (a) is an operational assessment of the program to modify C–5A aircraft to the configuration referred to in subsection (a)(1) regarding both overall suitability and deficiencies of the program to improve performance of the C–5A aircraft relative to requirements and specifications for reliability, maintainability, and availability of that aircraft as in effect on May 1, 2003.

(d)

Additional limitations on retirement of aircraft

The Secretary of the Air Force may not retire C–5 aircraft from the active inventory as of the date of this Act until the later of the following:

(1)

The date that is 150 days after the date on which the Director of Operational Test and Evaluation submits the report referred to in subsection (a)(2)(B).

(2)

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

(3)

The date that is 30 days after the date on which the Secretary certifies to the congressional defense committees that—

(A)

the retirement of such aircraft will not increase the operational risk of meeting the National Defense Strategy; and

(B)

the retirement of such aircraft will not reduce the total strategic airlift force structure below 324 strategic airlift aircraft.

(e)

Report on retirement of aircraft

The Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:

(1)

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

(2)

An assessment of the costs and benefits of applying the Reliability Enhancement and Re-engining Program (RERP) modification to the entire the C–5A aircraft fleet.

(3)

An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of operating a mix of C–5A aircraft and C–5M aircraft.

(4)

An assessment of the costs and benefits of increasing the number of C–5 aircraft in Back-up Aircraft Inventory (BAI) status as a hedge against future requirements of such aircraft.

(5)

An assessment of the costs, benefits, and implications of transferring C–5 aircraft to United States flag carriers operating in the Civil Reserve Air Fleet (CRAF) program or to coalition partners in lieu of the retirement of such aircraft.

(6)

Such other matters relating to the retirement of C–5 aircraft as the Secretary considers appropriate.

(f)

Maintenance of aircraft upon retirement

The Secretary of the Air Force shall maintain any C–5 aircraft retired after the date of the enactment of this Act in Type 1000 storage until opportunities for the transfer of such aircraft as described in subsection (e)(5) have been fully exhausted.

122.

Revised availability of certain funds available for the F–22A fighter aircraft

(a)

Repeal of authority on availability of fiscal year 2009 funds

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

(b)

Availability of advance procurement funds for other F–22A aircraft modernization priorities

Subject to the provisions of appropriations Acts and applicable requirements relating to the transfer of funds, the Secretary of the Air Force may transfer amounts authorized to be appropriated for fiscal year 2009 by section 103(1) for aircraft procurement for the Air Force and available for advance procurement for the F–22A fighter aircraft within that subaccount or to other subaccounts for aircraft procurement for the Air Force for purposes of providing funds for other modernization priorities with respect to the F–22A fighter aircraft.

123.

Report on potential foreign military sales of the F–22A fighter aircraft

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretary of State and in consultation with the Secretary of the Air Force, submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on potential foreign military sales of the F–22A fighter aircraft.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

An estimate of the costs to the United States Government, industry, and any foreign military sales customer of developing an exportable version of the F–22A fighter aircraft.

(2)

An assessment whether an exportable version of the F–22A fighter aircraft is technically feasible and executable, and, if so, a timeline for achieving an exportable version of the aircraft.

(3)

An assessment of the potential strategic implications of permitting foreign military sales of the F–22A fighter aircraft.

(4)

An assessment of the impact of foreign military sales of the F–22A fighter aircraft on the United States aerospace and aviation industry, and the advantages and disadvantages of such sales for sustaining that industry.

(5)

An identification of any modifications to current law that are required to authorize foreign military sales of the F–22A fighter aircraft.

(c)

Additional Report Required

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

124.

Next generation bomber aircraft

(a)

Findings

Congress makes the following findings:

(1)

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

(2)

Long range, penetrating strike systems provide—

(A)

a hedge against being unable to obtain access to forward bases for political reasons;

(B)

a capacity to respond quickly to contingencies;

(C)

the ability to base outside the reach of emerging adversary anti-access and area-denial capabilities; and

(D)

the ability to impose disproportionate defensive costs on prospective adversaries of the United States.

(3)

The 2006 Quadrennial Defense Review found that there was a requirement for a next generation bomber aircraft and directed the United States Air Force to develop a new land-based, penetrating long range strike capability to be fielded by 2018.

(4)

On April 6, 2009, Secretary Gates announced that the United States will not pursue a development program for a follow-on Air Force bomber until we have a better understanding of the need, the requirement and the technology.

(5)

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

(6)

The United States will need a new long-range strike capability because the conflicts of the future will likely feature heavily defended airspace, due in large part to the proliferation of relatively inexpensive, but sophisticated and deadly, air defense systems.

(7)

General Michael Maples, the Director of the Defense Intelligence Agency, noted during a March 10, 2009, hearing of the Committee on Armed Services of the Senate on worldwide threats that Russia, quite frankly, is the developer of most of those [advanced air defense] systems and is exporting those systems both to China and to other countries in the world.

(8)

The Final Report of the Congressional Commission on the Strategic Posture of the United States, submitted to Congress on May 6, 2009, states that [t]he bomber force is valuable particularly for extending deterrence in time of crisis, as their deployment is visible and signals U.S. commitment. Bombers also impose a significant cost burden on potential adversaries in terms of the need to invest in advanced air defenses.

(9)

The commanders of the United States Pacific Command, the United States Strategic Command, and the United States Joint Forces Command have each testified before the Committee on Armed Services of the Senate in support of the capability that the next generation bomber aircraft would provide.

(10)

On June 17, 2009, General James Cartwright, Vice-Chairman of the Joint Chiefs of Staff and chair of the Joint Requirements Oversight Council, stated during a hearing before the Committee on Armed Services of the Senate that the nation needs a new bomber.

(11)

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

(12)

The only air-breathing strike platforms the United States possesses today with reach and survivability to have a chance of successfully executing missions more than 1,000 nautical miles into enemy territory from the last air-to-air refueling are 16 combat ready B-2 bomber aircraft.

(13)

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

(14)

The crash of an operational B-2 bomber aircraft during takeoff at Guam in early 2008 indicates that attrition can and does occur even in peacetime.

(15)

The primary mission requirement of the next generation bomber aircraft is the ability to strike targets anywhere on the globe with whatever weapons the contingency requires.

(16)

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

(b)

Policy on continued development of next generation bomber aircraft in fiscal year 2010

It is the policy of the United States to support a development program for next generation bomber aircraft technologies.

125.

AC–130 gunships

(a)

Report on reduction in service life in connection with accelerated deployment

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the United States Special Operations Command, shall submit to the congressional defense committees an assessment of the reduction in the service life of AC–130 gunships of the Air Force as a result of the accelerated deployments of such gunships that are anticipated during the seven- to ten-year period beginning with the date of the enactment of this Act, assuming that operating tempo continues at a rate per year of the average of their operating rate for the last five years.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

An estimate by series of the maintenance costs for the AC–130 gunships during the period described in subsection (a), including any major airframe and engine overhauls of such aircraft anticipated during that period.

(2)

A description by series of the age, serviceability, and capabilities of the armament systems of the AC–130 gunships.

(3)

An estimate by series of the costs of modernizing the armament systems of the AC–130 gunships to achieve any necessary capability improvements.

(4)

A description by series of the age and capabilities of the electronic warfare systems of the AC–130 gunships, and an estimate of the cost of upgrading such systems during that period to achieve any necessary capability improvements.

(5)

A description by series of the age of the avionics systems of the AC–130 gunships, and an estimate of the cost of upgrading such systems during that period to achieve any necessary capability improvements.

(c)

Form

The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(d)

Analysis of alternatives

The Secretary of the Air Force, in consultation with the United States Special Operations Command, shall conduct an analysis of alternatives for any gunship modernization requirements identified by the 2009 quadrennial defense review under section 118 of title 10, United States Code. The results of the analysis of alternatives shall be provided to the congressional defense committees not later than 18 months after the completion of the 2009 quadrennial defense review.

126.

Report on E–8C Joint Surveillance and Target Attack Radar System re-engining

(a)

In general

Not later than 60 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on replacing the engines of E-8C Joint Surveillance and Target Attack Radar System (Joint STARS) aircraft. The report shall include the following:

(1)

An assessment of funding alternatives and options for accelerating funding for the fielding of Joint STARS aircraft with replaced engines.

(2)

An analysis of the tradeoffs involved in the decision to replace the engines of Joint STARS aircraft or not to replace those engines, including the potential cost savings from replacing those engines and the operational impacts of not replacing those engines.

(3)

An identification of the optimum path forward for replacing the engines of Joint STARS aircraft and modernizing the Joint STARS fleet.

(b)

Limitation on certain actions

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

D

Joint and Multiservice Matters

131.

Modification of nature of data link utilizable by tactical unmanned aerial vehicles

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

II

Research, Development, Test, and Evaluation

A

Authorization of Appropriations

201.

Authorization of appropriations

(a)

In general

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

(1)

For the Army, $10,863,003,000.

(2)

For the Navy, $19,597,696,000.

(3)

For the Air Force, $28,693,952,000.

(4)

For Defense-wide activities, $20,555,270,000.

(5)

For Operational Test and Evaluation, Defense, $190,770,000.

(b)

Funding table

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

B

Program Requirements, Restrictions, and Limitations

211.

Limitation on use of funds for an alternative propulsion system for the F–35 Joint Strike Fighter program; increase in funding for procurement of UH–1Y/AH–1Z rotary wing aircraft and for management reserves for the F–35 Joint Strike Fighter program

(a)

Limitation on use of funds for an alternative propulsion system for the F–35 Joint Strike Fighter program

None of the funds authorized to be appropriated or otherwise made available by this Act may be obligated or expended for the development or procurement of an alternate propulsion system for the F–35 Joint Strike Fighter program until the Secretary of Defense submits to the congressional defense committees a certification in writing that the development and procurement of the alternate propulsion system—

(1)

will—

(A)

reduce the total life-cycle costs of the F–35 Joint Strike Fighter program; and

(B)

improve the operational readiness of the fleet of F–35 Joint Strike Fighter aircraft; and

(2)

will not—

(A)

disrupt the F–35 Joint Strike Fighter program during the research, development, and procurement phases of the program; or

(B)

result in the procurement of fewer F–35 Joint Strike Fighter aircraft during the life cycle of the program.

(b)

Additional amount for UH–1Y/AH–1Z rotary wing aircraft

The amount authorized to be appropriated by section 102(a)(1) for aircraft procurement for the Navy is increased by $282,900,000, with the amount of the increase to be allocated to amounts available for the procurement of UH–1Y/AH–1Z rotary wing aircraft.

(c)

Restoration of management reserves for F–35 Joint Strike Fighter program

(1)

Navy joint strike fighter

The amount authorized to be appropriated by section 201(a)(2) for research, development, test, and evaluation for the Navy is hereby increased by $78,000,000, with the amount of the increase to be allocated to amounts available for the Joint Strike Fighter program (PE # 0604800N) for management reserves.

(2)

Air Force joint strike fighter

The amount authorized to be appropriated by section 201(a)(3) for research, development, test, and evaluation for the Air Force is hereby increased by $78,000,000, with the amount of the increase to be allocated to amounts available for the Joint Strike Fighter program (PE # 0604800F) for management reserves.

(d)

Offsets

(1)

Navy joint strike fighter F136 development

The amount authorized to be appropriated by section 201(a)(2) for research, development, test, and evaluation for the Navy is hereby decreased by $219,450,000, with the amount of the decrease to be derived from amounts available for the Joint Strike Fighter (PE # 0604800N) for F136 development.

(2)

Air Force joint strike fighter F136 development

The amount authorized to be appropriated by section 201(a)(3) for research, development, test, and evaluation for the Air Force is hereby decreased by $219,450,000, with the amount of the decrease to be derived from amounts available for the Joint Strike Fighter (PE # 0604800F) for F136 development.

212.

Enhancement of duties of Director of Department of Defense Test Resource Management Center with respect to the Major Range and Test Facility Base

(a)

Authority To review proposals for significant changes

Section 196(c) of title 10, United States Code, is amended—

(1)

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

(2)

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

(3)

by inserting (1) before The Director;

(4)

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

(5)

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

(B)

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

.

(b)

Access to records and data

Such section is further amended by adding at the end the following new paragraph:

(2)

The Director shall have access to all records and data of the test and evaluation activities, facilities, and elements of the Major Range and Test Facility Base, including the records and data of each military department and Defense Agency, that the Director considers necessary in order to carry out the Director's duties under paragraph (1)(B).

.

213.

Guidance on specification of funding requested for operation, sustainment, modernization, and personnel of major ranges and test facilities

(a)

Guidance on specification of funding

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

(1)

Operation.

(2)

Sustainment.

(3)

Investment and modernization.

(4)

Government personnel.

(5)

Contractor personnel.

(b)

Applicability

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

(c)

Major Range and Test Facility Base defined

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

214.

Permanent authority for the Joint Defense Manufacturing Technology Panel

Section 2521 of title 10, United States Code, is amended—

(1)

by redesignating subsection (e) as subsection (f); and

(2)

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

(e)

Joint Defense Manufacturing Technology Panel

(1)

There is in the Department of Defense the Joint Defense Manufacturing Technology Panel.

(2)
(A)

The Chair of the Joint Defense Manufacturing Technology Panel shall be the head of the Panel. The Chair shall be appointed, on a rotating basis, from among the appropriate personnel of the military departments and Defense Agencies with manufacturing technology programs.

(B)

The Panel shall be composed of at least one individual from among appropriate personnel of each military department and Defense Agency with manufacturing technology programs. The Panel may include as ex-officio members such individuals from other government organizations, academia, and industry as the Chair considers appropriate.

(3)

The purposes of the Panel shall be as follows:

(A)

To identify and integrate requirements for the program.

(B)

To conduct joint planning for the program.

(C)

To develop joint strategies for the program.

(4)

In carrying out the purposes specified in paragraph (3), the Panel shall perform the functions as follows:

(A)

Conduct comprehensive reviews and assessments of defense-related manufacturing issues being addressed by the manufacturing technology programs and related activities of the Department of Defense.

(B)

Execute strategic planning to identify joint planning opportunities for increased cooperation in the development and implementation of technological products and the leveraging of funding for such purposes with the private sector and other government agencies.

(C)

Ensure the integration and coordination of requirements and programs under the program with Office of the Secretary of Defense and other national-level initiatives, including the establishment of information exchange processes with other government agencies, private industry, academia, and professional associations.

(D)

Conduct such other functions as the Under Secretary of Defense for Acquisition, Technology, and Logistics shall specify.

(5)

The Panel shall report to and receive direction from the Director of Defense Research and Engineering on manufacturing technology issues of multi-service concern and application.

(6)

The administrative expenses of the Panel shall be borne by each military department and Defense Agency with manufacturing technology programs in such manner as the Panel shall provide.

.

215.

Extension and enhancement of Global Research Watch Program

(a)

Limitation on availability of certain funds for military departments pending provision of assistance under program

Subsection (d) of section 2365 of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)
(A)

Funds available to a military department for a fiscal year for monitoring or analyzing the research activities and capabilities of foreign nations may not be obligated or expended until the Director certifies to the Under Secretary of Defense for Acquisition, Technology, and Logistics that the Secretary of such military department has provided the assistance required under paragraph (2).

(B)

The limitation in subparagraph (A) shall not be construed to alter or effect the availability to a military department of funds for intelligence activities.

.

(b)

Four-year extension of program

Subsection (f) of such section is amended by striking September 30, 2011 and inserting September 30, 2015.

216.

Three-year extension of authority for prizes for advanced technology achievements

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

217.

Modification of report requirements regarding Defense Science and Technology Program

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

(b)

Funding objective

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

(c)

Actions following failure To comply with objective

If the proposed budget of the Department of Defense for a fiscal year fails to comply with the objective set forth in subsection (b), the Secretary of Defense shall submit to the congressional defense committees each of the following:

(1)

Not later than 60 days after the proposed budget is submitted to Congress, a detailed, prioritized list, including estimates of required funding, of proposals for science and technology projects received by the Department through competitive solicitations in the fiscal year preceding the fiscal year covered by the proposed budget which were not funded but represent science and technology opportunities that support the research and development programs and goals of the military departments and the Defense Agencies.

(2)

Not later than six months after the proposed budget is submitted to Congress, an independent assessment, in both classified and unclassified form (as necessary), of any research, technology, or engineering areas that are of interest to the Department in which the United States may not have global technical leadership within the next 10 years.

(d)

Sunset

The requirements of this section shall terminate on December 31, 2014.

.

218.

Programs for ground combat vehicle and self propelled howitzer capabilities for the Army

(a)

Programs required

(1)

In general

The Secretary of Defense shall carry out a separate program to achieve each of the following:

(A)

The development, test, and fielding of an operationally effective, suitable, survivable, and affordable next generation ground combat vehicle for the Army.

(B)

The development, test, and fielding of an operationally effective, suitable, survivable, and affordable next generation self-propelled howitzer capability for the Army.

(2)

Compliance with certain acquisition requirements

Each program under paragraph (1) shall comply with the requirements of the Weapons Systems Acquisition Reform Act of 2009, and the amendments made by that Act.

(b)

Strategy and plan for acquisition

(1)

In general

Not later than March 31, 2010, the Secretary shall submit to the congressional defense committees a report setting forth a strategy and plan for the acquisition of weapon systems under the programs required by subsection (a). Each strategy and plan shall include measurable goals and objectives for the acquisition of such weapon systems, and shall identify all proposed major development, testing, procurement, and fielding events toward the achievement of such goals and objectives.

(2)

Elements

In developing each strategy and plan under paragraph (1), the Secretary shall consider the following:

(A)

A single vehicle or family of vehicles utilizing a common chassis and automotive components.

(B)

The incorporation of weapon, vehicle, communications, network, and system of systems common operating environment technologies developed under the Future Combat Systems program.

(c)

Annual reports

(1)

Reports required

The Secretary shall submit to the congressional defense committees, at the same time the President submits to Congress the budget for each of fiscal years 2011 through 2015 (as submitted pursuant to section 1105(a) of title 31, United States Code), a report on the investments proposed to be made under such budget with respect to each program required by subsection (a).

(2)

Elements

Each report under paragraph (1) shall set forth, for the fiscal year covered by the budget with which such report is submitted—

(A)

the manner in which amounts requested in such budget would be available for each program required by subsection (a); and

(B)

an assessment of the extent to which utilizing such amount in such manner would improve ground combat capabilities for the Army.

219.

Assessment of technological maturity and integration risk of Army modernization programs

(a)

Assessment required

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

(1)

Manned Ground Vehicle and Ground Combat Vehicle.

(2)

Future Combat Systems network hardware and software.

(3)

Warfighter Information Network–Tactical, Increment 3.

(4)

Joint Tactical Radio System.

(5)

Reconnaissance unmanned aerial vehicles.

(6)

Future Combat Systems Spin Out technologies.

(7)

Any other programs jointly identified by the Director and the Secretary for purposes of this section.

(b)

Report

Not later than nine months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the technological maturity and integration risk of critical technologies of Army modernization and associated programs covered by the review and assessment required under subsection (a), as determined pursuant to that assessment.

220.

Assessment of strategy for technology for modernization of the combat vehicle and tactical wheeled vehicle fleets

(a)

Independent assessment of strategy required

(1)

In general

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an appropriate entity independent of the United States Government to conduct an independent assessment of current, anticipated, and potential research and engineering activities for or applicable to the modernization of the combat vehicle fleet and tactical wheeled vehicle fleet of the Department of Defense.

(2)

Access to information and resources

The Secretary shall provide the entity with which the Secretary contracts under paragraph (1) access to such information and resources as are appropriate to conduct the assessment required by that paragraph.

(b)

Report

(1)

In general

The contract required by subsection (a) shall provide that the entity with which the Secretary contracts under that subsection shall submit to the Secretary of Defense and the congressional defense committees a report on the assessment required by that subsection not later than December 31, 2010.

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

A detailed discussion of the requirements and capability needs identified or proposed for current and prospective combat vehicles and tactical wheeled vehicles.

(B)

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

(C)

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

(D)

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

(E)

Such other matters as the Secretary considers appropriate.

221.

Systems engineering and prototyping program

(a)

Program required

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

(b)

Objectives

The objectives of the program required by subsection (a) shall be as follows:

(1)

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

(2)

To successfully demonstrate new systems in relevant environments.

(3)

To encourage the training of systems engineers and the development of systems engineering tools and practices.

(c)

Selection of projects

(1)

Program areas

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

(2)

Solicitation of projects

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

(3)

Selection

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

(d)

Implementation of projects

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

(e)

Funding of projects

(1)

In general

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

(2)

Limitation on amount of funds

The amount of funds provided to a project under paragraph (1) shall be not greater than the amount equal to 50 percent of the total cost of the project.

(3)

Limitation on period of funding

A project may not be provided funds under this subsection for more than three fiscal years.

(4)

Source of other funding

Any funds required for a project under this section that are not provided under this subsection shall be derived from funds available to the military department or Defense Agency concerned, or another appropriate source other than this subsection.

(f)

Annual report

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

(g)

Acquisition executive defined

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

C

Missile Defense Programs

241.

Sense of Congress on ballistic missile defense

It is the sense of Congress that—

(1)

the United States should develop, test, field, and maintain operationally effective, cost-effective, affordable, reliable, suitable, and survivable ballistic missile defense systems that are capable of defending the United States, its forward-deployed forces, allies, and other friendly nations from the threat of ballistic missile attacks from nations such as North Korea and Iran;

(2)

the missile defense force structure and inventory levels of such missile defense systems should be determined based on an assessment of ballistic missile threats and a determination by senior military leaders, combatant commanders, and defense officials of the requirements and capabilities needed to address those threats; and

(3)

the test and evaluation program for such missile defense systems should be rigorous, robust, operationally realistic, and capable of providing a high level of confidence in the capability of such systems (including their continuing effectiveness over the course of their service lives), and adequate resources should be available for that test and evaluation program (including interceptor missiles and targets for flight tests).

242.

Comprehensive plan for test and evaluation of the Ballistic Missile Defense System

(a)

Plan required

(1)

In general

The Secretary of Defense shall establish a comprehensive plan for the developmental and operational testing and evaluation of the Ballistic Missile Defense System and its various elements.

(2)

Period of plan

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

(3)

Input

In establishing the plan, the Secretary shall receive input on matters covered by the plan from the following:

(A)

The Director of the Missile Defense Agency.

(B)

The Director of Operational Test and Evaluation.

(C)

The operational test components of the military departments.

(b)

Elements

The plan required by subsection (a) shall include, with regard to developmental and operational testing of the Ballistic Missile Defense System, the following:

(1)

Test and evaluation objectives.

(2)

Test and evaluation criteria and metrics.

(3)

Test and evaluation procedures and methodology.

(4)

Data requirements.

(5)

System and element configuration under test.

(6)

Approaches to verification, validation, and accreditation of models and simulations.

(7)

The relative role of models and simulations, ground tests, and flight tests in achieving the objectives of the plan.

(8)

Test infrastructure and resources, including test range limitations and potential range enhancements.

(9)

Test readiness review approaches and methodology.

(10)

Testing for system and element integration and interoperability.

(11)

Means for achieving operational realism and means of demonstrating operational effectiveness, suitability and survivability.

(12)

Detailed descriptions of planned tests.

(13)

A description of the resources required to implement the plan.

(c)

Report

(1)

In general

Not later than March 1, 2011, the Secretary shall submit to the congressional defense committees a report setting forth and describing the plan required by subsection (a) and each of the elements required in the plan under subsection (b).

(2)

Additional information on ground-based midcourse defense

The report required by this subsection shall, in addition to the matters specified in paragraph (1), include a detailed description of the test and evaluation activities pertaining to the Ground-based Midcourse Defense (GMD) element of the Ballistic Missile Defense System as follows:

(A)

Plans for salvo testing.

(B)

Plans for multiple simultaneous engagement testing.

(C)

Plans for intercept testing using the Cobra Dane radar as the engagement sensor.

(D)

Plans to test and demonstrate the ability of the system to accomplish its mission over the planned term of its operational service life (also known as sustainment testing).

(3)

Form

The report required by this subsection shall be submitted in unclassified form, but may include a classified annex.

243.

Assessment and plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System

(a)

Sense of Congress

It is the sense of Congress that—

(1)

the Ground-based Midcourse Defense (GMD) element of the Ballistic Missile Defense System should be an operationally effective, cost-effective, affordable, reliable, suitable, and survivable system capable of defending the United States from the threat of long-range missile attacks from nations such as North Korea and Iran, and adequate resources should be available to create and maintain such a capability (including continuing effectiveness over the course of its service life);

(2)

the force structure and inventory levels of the Ground-based Midcourse Defense element should be determined based on an assessment of ballistic missile threats from nations such as North Korea and Iran and a determination by senior military leaders, combatant commanders, and defense officials of the requirements and capabilities needed to address those threats; and

(3)

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

(b)

Assessment required

(1)

In general

As part of the Quadrennial Defense Review and the Ballistic Missile Defense Review, the Secretary of Defense shall conduct an assessment of the following:

(A)

Ground-based Midcourse Defense element of the Ballistic Missile Defense System.

(B)

Future options for the Ground-based Midcourse Defense element.

(2)

Elements

The assessment required by paragraph (1) shall include an assessment of the following:

(A)

The ballistic missile threat against which the Ground-based Midcourse Defense element is intended to defend.

(B)

The military requirement for Ground-based Midcourse Defense capabilities against such missile threat.

(C)

The current capabilities of the Ground-based Midcourse Defense element.

(D)

The planned capabilities of the Ground-based Midcourse Defense element, if different from the capabilities under subparagraph (B).

(E)

The force structure and inventory levels necessary for the Ground-based Midcourse Defense element to achieve the planned capabilities of that element, including an analysis of the costs and the potential advantages and disadvantages of deploying 44 operational Ground-based Interceptor missiles.

(F)

The infrastructure necessary to achieve such capabilities, including the number and location of operational silos.

(G)

The number of Ground-based Interceptor missiles necessary for operational assets, test assets (including developmental and operational test assets and aging and surveillance test assets), and spare missiles.

(3)

Report

At or about the same time the budget of the President for fiscal year 2011 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense committees a report setting forth the results of the assessment required by paragraph (1). The report shall be in unclassified form, but may include a classified annex.

(c)

Plan required

(1)

In general

In addition to the assessment required by subsection (b), the Secretary shall establish a plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System. The plan shall cover the period of the future-years defense program that is submitted to Congress under section 221 of title 10, United States Code, at or about the same time as the submittal to Congress of the budget of the President for fiscal year 2011.

(2)

Elements

The plan required by paragraph (1) shall include the following elements:

(A)

The schedule for achieving the planned capability of the Ground-based Midcourse Defense element, including the completion of operational silos, the delivery of operational Ground-Based Interceptors, and the deployment of such interceptors in those silos.

(B)

The plan for funding the development, production, deployment, testing, improvement, and sustainment of the Ground-based Midcourse Defense element.

(C)

The plan to maintain the operational effectiveness of the Ground-based Midcourse Defense element over the course of its service life, including any modernization or capability enhancement efforts, and any sustainment efforts.

(D)

The plan for flight testing the Ground-based Midcourse Defense element, including aging and surveillance tests to demonstrate the continuing effectiveness of the system over the course of its service life.

(E)

The plan for production of Ground-Based Interceptor missiles necessary for operational assets, developmental and operational test assets, aging and surveillance test assets, and spare missiles.

(3)

Report

At or about the same time the budget of the President for fiscal year 2011 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense committees a report setting forth the plan required by paragraph (1). The report shall be in unclassified form, but may include a classified annex.

(d)

Construction

Nothing in this section shall be construed as altering or revising the continued production of all Ground-Based Interceptor missiles on contract as of June 23, 2009.

(e)

Comptroller General review

The Comptroller General of the United States shall—

(1)

review the assessment required by subsection (b) and the plan required by subsection (c); and

(2)

not later than 120 days after receiving the assessment and the plan, provide to the congressional defense committees the results of the review.

244.

Report on potential missile defense cooperation with Russia

(a)

Report required

(1)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth potential options for cooperation among or between the United States, the North Atlantic Treaty Organization (NATO), and the Russian Federation on ballistic missile defense.

(2)

Form

The report shall be submitted in unclassified form, but may include a classified annex.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

A description of proposals made by the United States, the North Atlantic Treaty Organization, or the Russian Federation since January 1, 2007, for potential missile defense cooperation among or between such countries and that organization, including data sharing, cooperative regional missile defense architectures, joint exercises, and transparency and confidence building measures.

(2)

A description of options for the sharing by such countries and that organization of ballistic missile surveillance or early warning data, including data from the Russian early warning radars at Gabala in Azerbaijan, and Armavir in southern Russia or other radars, such as the United States radar proposed for deployment in the Czech Republic.

(3)

An assessment of the potential for implementation of the agreement between the United States and the Russian Federation on the establishment of a Joint Data Exchange Center.

(4)

An assessment of the potential for missile defense cooperation between the Russian Federation and the North Atlantic Treaty Organization, including through the NATO-Russia Council.

(5)

An assessment of the potential security benefits to the United States, Russia, and the North Atlantic Treaty Organization of the cooperation described in paragraph (4).

(6)

Such other matters as the Secretary considers appropriate.

245.

Continued production of Ground-based Interceptor missile and operation of Missile Field 1 at Fort Greely, Alaska

(a)

Limitation on break in production

The Secretary of Defense shall ensure that the Missile Defense Agency does not allow a break in production of the Ground-based Interceptor missile until the Department of Defense has—

(1)

completed the Ballistic Missile Defense Review; and

(2)

made a determination with respect to the number of Ground-based Interceptor missiles that will be necessary to support the service life of the Ground-based Midcourse Defense element of the Ballistic Missile Defense System.

(b)

Limitation on certain actions with respect to Missile Field 1 and Missile Field 2 at Fort Greely, Alaska

(1)

Limitation on decommissioning of Missile Field 1

The Secretary of Defense shall ensure that Missile Field 1 at Fort Greely, Alaska, does not complete decommissioning until seven silos have been emplaced at Missile Field 2 at Fort Greely.

(2)

Limitation with respect to disposition of silos at Missile Field 2

The Secretary of Defense shall ensure that no irreversible decision is made with respect to the disposition of operational silos at Missile Field 2 at Fort Greely, Alaska, until that date that is 60 days after the date on which the reports required by subsections (b)(3) and (c)(3) of section 243 are submitted to the congressional defense committees.

246.

Sense of Senate on and reservation of funds for development and deployment of missile defense systems in Europe

(a)

Findings

The Senate makes the following findings:

(1)

In the North Atlantic Treaty Organization (NATO) Bucharest Summit Declaration of April 3, 2008, the Heads of State and Government participating in the meeting of the North Atlantic Council declared that [b]allistic missile proliferation poses an increasing threat to Allies’ forces, territory and populations. Missile defence forms part of a broader response to counter this threat. We therefore recognize the substantial contribution to the protection of Allies from long-range ballistic missiles to be provided by the planned deployment of European-based United States missile defence assets.

(2)

The Bucharest Summit Declaration also stated that [b]earing in mind the principle of the indivisibility of Allied security as well as NATO solidarity, we task the Council in Permanent Session to develop options for a comprehensive missile defence architecture to extend coverage to all Allied territory and populations not otherwise covered by the United States system for review at our 2009 Summit, to inform any future political decision.

(3)

In the Bucharest Summit Declaration, the North Atlantic Council also reaffirmed to Russia that current, as well as any future, NATO Missile Defence efforts are intended to better address the security challenges we all face, and reiterate that, far from posing a threat to our relationship, they offer opportunities to deepen levels of cooperation and stability.

(4)

In the Strasbourg/Kehl Summit Declaration of April 4, 2009, the heads of state and government participating in the meeting of the North Atlantic Council reaffirmed the conclusions of the Bucharest Summit about missile defense, and declared that we judge that missile threats should be addressed in a prioritized manner that includes consideration of the level of imminence of the threat and the level of acceptable risk.

(5)

Iran is rapidly developing its ballistic missile capabilities, including its inventory of short-range and medium-range ballistic missiles that can strike portions of Eastern and Southern North Atlantic Treaty Organization European territory, as well as the pursuit of long-range ballistic missiles that could reach Europe or the United States.

(6)

On July 8, 2008, the Government of the United States and the Government of the Czech Republic signed an agreement to base a radar facility in the Czech Republic that is part of a proposed missile defense system to protect Europe and the United States against a potential future Iranian long-range ballistic missile threat.

(7)

On August 20, 2008, the United States and the Republic of Poland signed an agreement concerning the deployment of ground-based ballistic missile defense interceptors in the territory of the Republic of Poland.

(8)

Section 233 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4393; 10 U.S.C. 2431 note) establishes conditions for the availability of funds for procurement, construction, and deployment of the planned missile defense system in Europe, including that the host nations must ratify any missile defense agreements with the United States and that the Secretary of Defense must certify that the system has demonstrated the ability to accomplish the mission.

(9)

On April 5, 2009, President Barack Obama, speaking in Prague, Czech Republic, stated, As long as the threat from Iran persists, we will go forward with a missile defense system that is cost-effective and proven. If the Iranian threat is eliminated, we will have a stronger basis for security, and the driving force for missile defense construction in Europe will be removed..

(10)

On June 16, 2009, Deputy Secretary of Defense William Lynn testified before the Committee on Armed Services of the Senate that the United States Government is reviewing its options for developing and deploying operationally effective, cost-effective missile defense capabilities to Europe against potential future Iranian missile threats, in addition to the proposed deployment of a missile defense system in Poland and the Czech Republic.

(11)

On July 9, 2009, General James Cartwright, the Vice Chairman of the Joint Chiefs of Staff, testified before the Committee on Armed Services of the Senate that the Department of Defense was considering some 40 different missile defense architecture options for Europe that could provide a regional defense capability to protect the nations of Europe, and a redundant capability that would assist in protecting the United States, and that the Department was considering what kind of an architecture best suits the defense of the region, the defense of the homeland, and the regional stability.

(b)

Sense of Senate

It is the sense of the Senate that—

(1)

the United States Government should continue developing and planning for the proposed deployment of elements of a Ground-based Midcourse Defense (GMD) system, including a midcourse radar in the Czech Republic and Ground-Based Interceptors in Poland, consistent with section 233 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009;

(2)

in conjunction with the continued development of the planned Ground-based Midcourse Defense system, the United States should work with its North Atlantic Treaty Organization allies to explore a range of options and architectures to provide missile defenses for Europe and the United States against current and future Iranian ballistic missile capabilities;

(3)

any alternative system that the United States Government considers deploying in Europe to provide for the defense of Europe and a redundant defense of the United States against future long-range Iranian missile threats should be at least as capable and cost-effective as the proposed European deployment of the Ground-based Midcourse Defense system; and

(4)

any missile defense capabilities deployed in Europe should, to the extent practical, be interoperable with United States and North Atlantic Treaty Organization missile defense systems.

(c)

Reservation of funds for missile defense systems

(1)

In general

Of the funds authorized to be appropriated or otherwise made available for fiscal years 2009 and 2010 for the Missile Defense Agency for the purpose of developing missile defenses in Europe, $353,100,000 shall be available only for the purposes described in paragraph (2).

(2)

Use of funds

The purposes described in this paragraph are the following:

(A)

Research, development, test, and evaluation of—

(i)

the proposed midcourse radar element of the Ground-based Midcourse Defense system in the Czech Republic; and

(ii)

the proposed long-range missile defense interceptor site element of such defense system in Poland.

(B)

Research, development, test, and evaluation, procurement, construction, or deployment of other missile defense systems designed to protect Europe, and the United States in the case of long-range missile threats, from the threats posed by current and future Iranian ballistic missiles of all ranges, if the Secretary of Defense submits to the congressional defense committees a report certifying that such systems are expected to be—

(i)

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

(ii)

operationally effective and cost-effective in providing protection for Europe, and the United States in the case of long-range missile threats, against current and future Iranian ballistic missile threats; and

(iii)

interoperable, to the extent practical, with other components of missile defense and complementary to the missile defense strategy of the North Atlantic Treaty Organization.

(d)

Construction

Nothing in this section shall be construed as limiting or preventing the Department of Defense from pursuing the development or deployment of operationally effective and cost-effective ballistic missile defense systems in Europe.

247.

Extension of deadline for study on boost-phase missile defense

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

D

Other Matters

251.

Repeal of requirement for biennial joint warfighting science and technology plan

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

252.

Modification of reporting requirement for defense nanotechnology research and development program

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

(e)

Reports

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the National Science and Technology Council information on the program that covers the information described in paragraphs (1) through (5) of section 2(d) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(d)) to be included in the annual report submitted by the Council under that section.

.

253.

Evaluation of Extended Range Modular Sniper Rifle Systems

(a)

In general

Not later than March 31, 2010, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology shall conduct a comparative evaluation of extended range modular sniper rifle systems, including .300 Winchester Magnum, .338 Lapua Magnum, and other calibers. The evaluation shall identify and demonstrate an integrated suite of technologies capable of—

(1)

extending the effective range of snipers;

(2)

meeting service or unit requirements or operational need statements; or

(3)

closing documented capability gaps.

(b)

Funding

The Assistant Secretary of the Army for Acquisition, Logistics, and Technology shall conduct the evaluation required by subsection (a) using amounts appropriated for fiscal year 2009 for extended range modular sniper rifle system research (PE # 0604802A) that are unobligated.

(c)

Report

Not later than April 30, 2010, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the results of the evaluation required by subsection (a), including—

(1)

detailed ballistics and system performance data; and

(2)

an assessment of the operational capabilities of extended range modular sniper rifle systems to meet service or unit requirements or operational need statements or close documented capabilities gaps.

III

Operation and Maintenance

A

Authorization of Appropriations

301.

Operation and maintenance funding

(a)

Authorization of appropriations

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

(1)

For the Army, $30,932,882,000.

(2)

For the Navy, $35,890,046,000.

(3)

For the Marine Corps, $5,547,223,000.

(4)

For the Air Force, $34,053,559,000.

(5)

For Defense-wide activities, $27,645,997,000.

(6)

For the Army Reserve, $2,623,796,000.

(7)

For the Navy Reserve, $1,278,501,000.

(8)

For the Marine Corps Reserve, $228,925,000.

(9)

For the Air Force Reserve, $3,079,228,000.

(10)

For the Army National Guard, $6,260,634,000.

(11)

For the Air National Guard, $5,888,461,000.

(12)

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

(13)

For the Acquisition Development Workforce Fund, $100,000,000.

(14)

For Environmental Restoration, Army, $415,864,000.

(15)

For Environmental Restoration, Navy, $285,869,000.

(16)

For Environmental Restoration, Air Force, $494,276,000.

(17)

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

(18)

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

(19)

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

(20)

For Cooperative Threat Reduction programs, $424,093,000.

(21)

For Overseas Contingency Operations Transfer Fund, $5,000,000.

(b)

Funding table

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

B

Environmental Provisions

311.

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

(a)

Authority to reimburse

(1)

Transfer amount

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

(2)

Purpose of reimbursement

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

(3)

Interagency agreement

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

(b)

Source of funds

Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(a)(18) for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites.

(c)

Use of funds

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

C

Workplace and Depot Issues

321.

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

(a)

Clarification of authority to enter into cooperative agreements

The second sentence of section 4544(a) of title 10, United States Code, as added by section 328(a)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 66), is amended by inserting after not more than eight contracts or cooperative agreements the following: in addition to the contracts and cooperative agreements in place as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181).

(b)

Additional elements required for analysis of use of authority

Section 328(b)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 67) is amended—

(1)

by striking a report assessing the advisability and inserting the following: “a report—

(A)

assessing the advisability

; and

(2)

by striking pursuant to such authority. and inserting the following: “pursuant to such authority;

(B)

assessing the benefit to the Federal Government of using such authority;

(C)

assessing the impact of the use of such authority on the availability of facilities needed by the Army and on the private sector; and

(D)

describing the steps taken to comply with the requirements under section 4544(g) of title 10, United States Code.

.

322.

Improvement of inventory management practices

(a)

Inventory management practices improvement plan required

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for improving the inventory management systems of the military departments and the Defense Logistics Agency with the objective of reducing the acquisition and storage of secondary inventory that is excess to requirements.

(b)

Elements

The plan under subsection (a) shall include the following:

(1)

A plan for a comprehensive review of demand-forecasting procedures to identify and correct any systematic weaknesses in such procedures, including the development of metrics to identify bias toward over-forecasting and adjust forecasting methods accordingly.

(2)

A plan to accelerate the efforts of the Department of Defense to achieve total asset visibility, including efforts to link wholesale and retail inventory levels through multi-echelon modeling.

(3)

A plan to reduce the average level of on-order secondary inventory that is excess to requirements, including a requirement for the systemic review of such inventory for possible contract termination.

(4)

A plan for the review and validation of methods used by the military departments and the Defense Logistics Agency to establish economic retention requirements.

(5)

A plan for an independent review of methods used by the military departments and the Defense Logistics Agency to establish contingency retention requirements.

(6)

A plan to identify items stored in secondary inventory that require substantial amounts of storage space and shift such items, where practicable, to direct vendor delivery.

(7)

A plan for a comprehensive assessment of inventory items on hand that have no recurring demands, including the development of—

(A)

metrics to track years of no demand for items in stock; and

(B)

procedures for ensuring the systemic review of such items for potential reutilization or disposal.

(8)

A plan to more aggressively pursue disposal reviews and actions on stocks identified for potential reutilization or disposal.

(c)

GAO reports

(1)

Assessment of plan

Not later than 60 days after the date on which the plan required by subsection (a) is submitted as specified in that subsection, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the plan meets the requirements of this section.

(2)

Assessment of implementation

Not later than 18 months after the date on which the plan required by subsection (a) is submitted, the Comptroller General shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the plan has been effectively implemented by each military department and by the Defense Logistics Agency.

(d)

Inventory that is excess to requirements defined

In this section, the term inventory that is excess to requirements means inventory that—

(1)

is excess to the approved acquisition objective concerned; and

(2)

is not needed for the purposes of economic retention or contingency retention.

323.

Temporary suspension of authority for public-private competitions

(a)

Temporary suspension

During the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary of Defense submits to the congressional defense committees the certification described in subsection (b), no study or public-private competition regarding the conversion to contractor performance of any function of the Department of Defense performed by civilian employees may be begun or announced pursuant to section 2461 of title 10, United States Code, Office of Management and Budget Circular A–76, or any other authority.

(b)

Certification

The certification described in this subsection is a certification that—

(1)

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

(2)

the Secretary of each military department and the head of each Defense Agency responsible for activities in the inventory is in compliance with the review and planning requirements of subsection (e) of such section.

323A.

Public-private competition required before conversion of any department of defense function performed by civilian employees to contractor performance

(a)

Requirement

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

(1)

by striking A function and inserting No function;

(2)

by striking 10 or more; and

(3)

by striking may not be converted and inserting may be converted.

(b)

Effective Date

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

323B.

Time limitation on duration of public-private competitions

(a)

Time Limitation

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

(5)
(A)

The duration of a public-private competition conducted pursuant to Office of Management and Budget Circular A–76 or any other provision of law for any function of the Department of Defense performed by Department of Defense civilian employees may not exceed the period of specified in paragraph (B), commencing on the date on which funds are obligated for contractor support of the preliminary planning for the public-private competition begins through the date on which a performance decision is rendered with respect to the function.

(B)

The period referred to in paragraph (A) is 30 months with respect to a single formation activity and 36 months with respect to a multi-formation activity.

(C)

The time period specified in subparagraph (A) for a public-private competition does not include any day during which the public-private competition is delayed by reason of a protest before the Government Accountability Office or the United States Court of Federal Claims.

(D)

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

(i)

Determining the scope of the competition.

(ii)

Conducting research to determine the appropriate grouping of functions for the competition.

(iii)

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

(iv)

Determining the baseline cost of any function for which the competition is conducted.

.

(b)

Effective Date

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

323C.

Termination of certain public-private competitions for conversion of department of defense functions to performance by a contractor

Any Department of Defense public-private competition that exceeds the time limits established in section 2461(a) shall be reviewed by the Secretary of Defense and considered for termination. If the Secretary of Defense does not terminate the competition, he shall report to Congress on the reasons for his decision.

324.

Extension of arsenal support program initiative

Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 note), as amended by section 341 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 69), is amended—

(1)

in subsection (a), by striking 2010 and inserting 2011; and

(2)

in subsection (g)(1), by striking 2010 and inserting 2011.

325.

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

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

D

Energy Provisions

331.

Energy security on Department of Defense installations

(a)

Plan for energy security required

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a plan for identifying and addressing areas in which the electricity needed to carry out critical military missions on Department of Defense installations is vulnerable to disruption.

(2)

Elements

The plan developed under paragraph (1) shall include, at a minimum, the following:

(A)

An identification of the areas of vulnerability as described in paragraph (1), and an identification of priorities in addressing such areas of vulnerability.

(B)

A schedule for the actions to be taken by the Department to address such areas of vulnerability.

(C)

A strategy for working with other public or private sector entities to address such areas of vulnerability that are beyond the control of the Department.

(b)

Work with non-Department of Defense entities

(1)

In general

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

(2)

Contract authority

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

332.

Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs

(a)

New reporting requirements

Section 317(e) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1054) is amended to read as follows:

(e)

Reporting requirements

(1)

In general

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

(2)

Reports submitted after January 1, 2009

Each report required under paragraph (1) that is submitted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 shall include the following:

(A)

A table detailing funding, by account, for all energy projects and investments.

(B)

A description of the funding and steps taken to achieve the renewable energy goals in the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.) and Executive Order 13423 by fiscal year 2015, and section 2911(e) of title 10, United States Code, by fiscal year 2025.

(C)

A description of steps taken to ensure that facility and installation management goals are consistent with current legislative and other requirements, including applicable requirements under the Energy Independence and Security Act of 2007 (Public Law 110–140).

(D)

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

(E)

A description of steps taken to comply with requirements of the Energy Independence and Security Act of 2007, including new design and construction requirements for buildings.

(F)

A description of steps taken to comply with section 533 of the National Energy Conservation Policy Act (42 U.S.C. 8259b), regarding the supply by the General Services Administration and the Defense Logistics Agency of Energy Star and Federal Energy Management Program (FEMP) designated products to its Department of Defense customers.

(G)

A description of steps taken to encourage the use of Energy Star and FEMP designated products at military installations in government or contract maintenance activities.

(H)

A description of steps taken to comply with standards for projects built using appropriated funds and established by the Energy Independence and Security Act of 2007 for privatized construction projects, whether residential, administrative, or industrial.

(I)

A description of any other issues and strategies the Secretary determines relevant to a comprehensive and renewable energy policy.

.

(b)

Additional material required for first expanded report

The first report submitted by the Secretary of Defense under section 317(e) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1054), as amended by subsection (a), after the date of the enactment of this Act shall include, in addition to the matters required under such section, the following:

(1)

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

(2)

An appropriate goal or goals for the use of alternative fuels for ground vehicles, aircraft, sea vessels, and applicable weapons systems, taking into consideration a broad range of factors, including cost, availability, technological feasibility, energy independence and security, and environmental impact.

(3)

A determination of the cost and feasibility of a policy that would require new power generation projects established on installations to be able to switch to provide power for military operations in the event of a commercial grid outage.

(4)

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

(5)

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

(6)

A determination of the cost and feasibility of implementing the recommendations of the 2008 Defense Science Board Report entitled, More Fight – Less Fuel.

333.

Alternative Aviation Fuel Initiative

(a)

Findings

Congress makes the following findings:

(1)

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

(2)

The Department of Defense is the largest single consumer of fuel in the United States.

(3)

The United States Air Force is the largest consumer of fuel in the Department of Defense.

(4)

The dramatically fluctuating price of fuel can have a significant budgetary impact on the Department of Defense.

(5)

The United States Air Force uses about 2,600,000,000 gallons of jet fuel a year, or 10 percent of the entire domestic market in aviation fuel.

(6)

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

(7)

The Air Force Energy Program will provide options to reduce the use of foreign oil, by focusing on expanding alternative energy options that provide favorable environmental attributes as compared to currently-available options.

(b)

Continuation of initiatives

(1)

In general

The Secretary of the Air Force shall continue the alternative aviation fuel initiatives of the Air Force with a goal of—

(A)

certifying its aircraft, applicable vehicles and support equipment, and associated storage and distribution infrastructure for unrestricted operational use of a synthetic fuel blend by early 2011;

(B)

being prepared to acquire 50 percent of its domestic aviation fuel requirement from alternative or synthetic fuels (including blends of alternative or synthetic fuels with conventional fuels) by not later than December 31, 2016, provided that—

(i)

the lifecycle greenhouse gas emissions associated with the production and combustion of such fuel shall be equal to or lower than such emissions from conventional fuels that are used in the same application, as determined in accordance with guidance by the Department of Energy and the Environmental Protection Agency; and

(ii)

prices for such fuels are cost competitive with petroleum-based alternatives that are used for the same functions;

(C)

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

(D)

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

(2)

Adjustment of goal

The Secretary of the Air Force may adjust the goal of acquiring 50 percent of Air Force domestic fuel requirements from alternative or synthetic fuels by not later than December 31, 2016, if the Secretary determines in writing that it would not be practicable, or in the best interests of the Air Force, to do so and informs the congressional defense committees within 30 days of the basis for such determination.

(3)

Annual Report

Not later than 180 days after the date of the enactment of this Act and annually thereafter in each of fiscal years 2011 through 2016, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall submit to Congress a report on the progress of the alternative aviation fuel initiative program, including—

(A)

the status of aircraft fleet certification, until complete;

(B)

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

(C)

progress made against published goals for such fiscal year;

(D)

the status of recovery plans to achieve any goals set for previous years that were not achieved; and

(E)

the establishment or adjustment of goals and objectives for the current fiscal year or for future years.

(c)

Annual report for Army and Navy

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

(d)

Defense Science Board Review

(1)

Report required

Not later than October 1, 2011, the Defense Science Board shall report to the Secretary of Defense on the feasibility and advisability of achieving the goals established in subsection (b)(1). The report shall address—

(A)

the technological and economic achievability of the goals;

(B)

the impact of actions required to meet such goals on the military readiness of the Air Force, energy costs, environmental performance, and dependence on foreign oil; and

(C)

any recommendations the Defense Science Board may have for improving the Air Force program.

(2)

Submission to Congress

Not later than 30 days after receiving the report required by under paragraph (1), the Secretary of Defense shall forward the report to Congress, together with the comments and recommendations of the Secretary.

334.

Authorization of appropriations for Director of Operational Energy

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

335.

Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods

(a)

In general

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

2919.

Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods

(a)

Participation in demand response or load management programs

The Secretary of Defense, the Secretaries of the military departments, the heads of the Defense Agencies, and the heads of other instrumentalities of the Department of Defense are authorized to participate in demand response programs for the management of energy demand or the reduction of energy usage during peak periods conducted by any of the following parties:

(1)

An electric utility

(2)

An independent system operator.

(3)

A State agency.

(4)

A third party entity (such as a demand response aggregator or curtailment service provider) implementing demand response programs on behalf of an electric utility, independent system operator, or State agency.

(b)

Treatment of certain financial incentives

Financial incentives received from an entity specified in subsection (a) shall be received in cash and deposited into the Treasury as a miscellaneous receipt. Amounts received shall be available for obligation only to the extent provided in advance in an appropriations Act. The Secretary concerned or the head of the Defense Agency or other instrumentality, as the case may be, shall pay for the cost of the design and implementation of these services in full in the year in which they are received from amounts provided in advance in an appropriations Act.

(c)

Use of certain financial incentives

Of the amounts derived from financial incentives awarded to a military installation as described in subsection (b) and provided for in advance by an appropriations Act—

(1)

not less than 100 percent shall be made available for use at such military installation; and

(2)

not less than 30 percent shall be made available for energy management initiatives at such installation.

.

(b)

Clerical amendment

The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

2919. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods.

.

E

Reports

341.

Study on Army modularity

(a)

Study

(1)

In general

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a Federally Funded Research and Development Center (FFRDC) to conduct a study on the current and planned modularity structures of the Army to determine the following:

(A)

The operational capability of the Army to execute its core mission to contribute land power to joint operations.

(B)

The ability to manage flexibility and versatility of Army forces across the range of military operations.

(C)

The tactical, operational, and strategic risk associated with the heavy and light modular combat brigades and functional brigades.

(D)

The required and planned end strength for the Army.

(2)

Factors to consider

The study required under subsection (a) shall take into consideration the following factors:

(A)

The Army’s historical experience with separate brigade structures.

(B)

The original Army analysis, including explicit or implicit assumptions, upon which the brigade combat team, functional brigade, and higher headquarters’ designs were based.

(C)

Subsequent analysis that confirmed or modified the original designs.

(D)

Lessons learned from Operations Iraqi Freedom and Enduring Freedom that confirmed or modified the original designs.

(E)

Improvements in brigade and headquarters designs the Army has made or is implementing.

(3)

Access to information

The Secretary of Defense and the Secretary of the Army shall ensure that the FFRDC conducting the study has access to all necessary data, records, analysis, personnel, and other resources necessary to complete the study.

(b)

Report

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

342.

Plan for managing vegetative encroachment at training ranges

Section 366(a)(5) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 113 note) is amended—

(1)

by striking (5) At the same time and inserting (5)(A) At the same time; and

(2)

by adding at the end the following new subparagraph:

(B)

Beginning with the report submitted to Congress at the same time as the President submits the budget for fiscal year 2011, the report required under this subsection shall include the following:

(i)

An assessment of the extent to which vegetation and overgrowth limits the use of military lands available for training of the Armed Forces in the United States and overseas.

(ii)

Identification of the particular installations and training areas at which vegetation and overgrowth negatively impact the use of training space.

(iii)
(I)

As part of the first such report submitted, a plan to address training constraints caused by vegetation and overgrowth.

(II)

As part of each subsequent report, any necessary updates to such plan.

.

343.

Report on status of Air National Guard and Air Force Reserve

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Air Force, the Chief of the National Guard Bureau, the Director of the Air National Guard, the Chief of the Air Force Reserve, and such other officials as the Secretary of Defense considers appropriate, shall submit to Congress a report on—

(1)

the status of the Air National Guard and the Air Force Reserve; and

(2)

the plans of the Department of Defense to ensure that the Air National Guard and the Air Force Reserve remain ready to meet the requirements of the Air Force and the combatant commands and for homeland defense.

IV

Military Personnel Authorizations

A

Active Forces

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.

402.

Additional authority for increases of Army active-duty end strengths for fiscal years 2010, 2011, and 2012

(a)

Authority To increase army active-duty end strength

(1)

Authority

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

(2)

Purpose of increases

The purposes for which an increase may be made in the active duty end strength for the Army under paragraph (1) are the following:

(A)

To increase dwell time for members of the Army on active duty.

(B)

To support operational missions.

(C)

To achieve reorganizational objectives, including increased unit manning, force stabilization and shaping, and supporting wounded warriors.

(b)

Relationship to presidential waiver authority

Nothing in this section shall be construed to limit the authority of the President under section 123a of title 10, United States Code, to waive any statutory end strength in a time of war or national emergency.

(c)

Relationship to other variance authority

The authority in subsection (a) is in addition to the authority to vary authorized end strengths that is provided in subsections (e) and (f) of section 115 of title 10, United States Code.

(d)

Budget treatment

(1)

In general

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

(2)

Fiscal years 2011 and 2012

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

(e)

Definitions

In this section:

(1)

Fiscal-year 2010 baseline

The term fiscal-year 2010 baseline, with respect to the Army, means the active-duty end strength authorized for the Army in section 401(1).

(2)

Active-duty end strength

The term active-duty end strength, with respect to the Army for a fiscal year, means the strength for active duty personnel of Army as of the last day of the fiscal year.

B

Reserve Forces

411.

End strengths for Selected Reserve

(a)

In General

The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2010, as follows:

(1)

The Army National Guard of the United States, 358,200.

(2)

The Army Reserve, 205,000.

(3)

The Navy Reserve, 65,500.

(4)

The Marine Corps Reserve, 39,600.

(5)

The Air National Guard of the United States, 106,700.

(6)

The Air Force Reserve, 69,500.

(7)

The Coast Guard Reserve, 10,000.

(b)

Adjustments

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
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.

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.

414.

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

(a)

Limitations

(1)

National guard

Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2010, may not exceed the following:

(A)

For the Army National Guard of the United States, 1,600.

(B)

For the Air National Guard of the United States, 350.

(2)

Army reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2010, may not exceed 595.

(3)

Air force reserve

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2010, may not exceed 90.

(b)

Non-Dual Status Technicians Defined

In this section, the term non-dual status technician has the meaning given that term in section 10217(a) of title 10, United States Code.

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.

416.

Report on trainee account for the Army National Guard

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report setting forth an assessment of the establishment within the Army National Guard of a trainees, transients, holdees, and students account (commonly referred to as a TTHS account).

(b)

Elements

The report required by subsection (a) shall include an assessment of the feasibility and advisability of permitting the Army National Guard to have, without regard to its authorized end strength levels for a fiscal year, a trainees, transients, holdees, and students account for assigning all members of the Army National Guard who have not completed initial entry training in order to ensure that all personnel of fully manned and deployable units of the Army National Guard have completed initial entry training.

417.

Authority for service Secretary variances for Selected Reserve end strengths

Section 115(g) of title 10, United States Code, is amended to read as follows:

(g)

Authority for service Secretary variances for active-duty and Selected Reserve end strengths

(1)

Upon determination by the Secretary of a military department that such action would enhance manning and readiness in essential units or in critical specialties or ratings, the Secretary may—

(A)

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

(B)

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

(2)

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

.

C

Authorization of Appropriations

421.

Military personnel

(a)

Authorization of appropriations

There is hereby authorized to be appropriated for fiscal year 2010 for the Department of Defense for military personnel amounts as follows:

(1)

For military personnel, $124,864,942,000.

(2)

For contributions to the Medicare-Eligible Retiree Health Fund, $10,751,339,000.

(b)

Construction of authorization

The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2010.

V

Military Personnel Policy

A

Officer Personnel Policy

501.

Modification of limitations on general and flag officers on active duty

(a)

Clarification of distribution limits

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

(a)

For purposes of the applicable limitation in section 526(a) of this title on general and flag officers on active duty, no appointment of an officer on the active duty list may be made as follows:

(1)

in the Army, if that appointment would result in more than—

(A)

7 officers in the grade of general;

(B)

45 officers in a grade above the grade of major general; or

(C)

90 officers in the grade of major general;

(2)

in the Air Force, if that appointment would result in more than—

(A)

9 officers in the grade of general;

(B)

43 officers in a grade above the grade of major general; or

(C)

73 officers in the grade of major general;

(3)

in the Navy, if that appointment would result in more than—

(A)

6 officers in the grade of admiral;

(B)

32 officers in a grade above the grade of rear admiral; or

(C)

50 officers in the grade of rear admiral;

(4)

in the Marine Corps, if that appointment would result in more than—

(A)

2 officers in the grade of general;

(B)

15 officers in a grade above the grade of major general; or

(C)

22 officers in the grade of major general.

(b)
(1)

The limitations of subsection (a) do not include the following:

(A)

An officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment, except that the Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, but no more than 3 officers from each armed forces may be on active duty who are excluded under this subparagraph.

(B)

An officer while serving in the position of Staff Judge Advocate to the Commandant of the Marine Corps under section 5046 of this title.

(C)

The number of officers required to serve in joint duty assignments as authorized by the Secretary of Defense under section 526(b) for each military service.

(D)

An officer while serving as Chief of the National Guard Bureau.

(2)

An officer of the Army while serving as Superintendent of the United States Military Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Army for officers serving on active duty in grades above major general under subsection (a). An officer of the Navy or Marine Corps while serving as Superintendent of the United States Naval Academy, if serving in the grade of vice admiral or lieutenant general, is in addition to the number that would otherwise be permitted for the Navy or Marine Corps, respectively, for officers serving on active duty in grades above major general or rear admiral under subsection (a). An officer while serving as Superintendent of the United States Air Force Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above major general under subsection (a).

.

(b)

Clarification on offsetting reductions

Subsection (c) of such section is amended—

(1)

in paragraph (1)—

(A)

by amending subparagraph (A) to read as follows:

(A)

may make appointments in the Army, Air Force, and Marine Corps in the grades of lieutenant general and general in excess of the applicable numbers determined under this section if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); and

; and

(B)

in subparagraph (B), by striking subsection (b)(2) and inserting this section;

(2)

in paragraph (3)(A), by striking the number equal to 10 percent of the total number of officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps under subsection (b) and inserting 15; and

(3)

in paragraph (3)(B), by striking the number equal to 15 percent of the total number of officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps and inserting 5.

(c)

Other distribution clarifications

Such section is further amended—

(1)

in subsection (e), by striking In determining the total number of general officers or flag officers of an armed force on active duty for purposes of this section, the following officers shall not be counted: in the matter preceding paragraph (1) and inserting The following officers shall not be counted for purposes of this section:; and

(2)

by adding at the end the following new subsection:

(g)

The limitations of this section do not apply to a reserve component general or flag officer who is on active duty and serving in a position that is a joint duty assignment for the purposes of chapter 38 of this title for a period not to exceed three years.

.

(d)

Change to authorized strengths

Subsection (a) of section 526 of such title is amended—

(1)

in paragraph (1), by striking 307 and inserting 230;

(2)

in paragraph (2), by striking 216 and inserting 160;

(3)

in paragraph (3), by striking 279 and inserting 208; and

(4)

in paragraph (4), by striking 81 and inserting 60.

(e)

Changes to limited exclusion for joint duty requirements

Subsection (b) of such section is amended—

(1)

in paragraph (1)—

(A)

by striking Chairman of the Joint Chiefs of Staff and inserting Secretary of Defense;

(B)

by striking 65 and inserting 324; and

(C)

by striking the second sentence and inserting the following new sentence: The Secretary of Defense shall allocate those exclusions to the armed forces based on the number of general or flag officers required from each armed force for assignment to these designated positions.;

(2)

by redesignating paragraph (2) as paragraph (4); and

(3)

by inserting after paragraph (1) the following new paragraphs:

(2)

Unless the Secretary of Defense determines that a lower number is in the best interest of the Department, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows:

(A)

For the Army, 85.

(B)

For the Navy, 61.

(C)

For the Air Force, 76.

(D)

For the Marine Corps, 21.

(3)

The number excluded under paragraph (1) and serving in positions designated under that paragraph—

(A)

in the grade of general or admiral may not exceed 20;

(B)

in a grade above the grade of major general or rear admiral may not exceed 68; and

(C)

in the grade of major general or rear admiral may not exceed 144.

.

(f)

Other authorization clarifications

Such section is further amended—

(1)

in subsection (d), by adding at the end the following new paragraph:

(3)

The limitations of this section do not apply to a reserve component general or flag officer who is on active duty and serving in a position that is a joint duty assignment for the purposes of chapter 38 of this title for a period not to exceed three years.

; and

(2)

by adding at the end the following new subsections:

(g)

Temporary exclusion for assignment to certain temporary billets

(1)

The limitations in subsection (a) and in section 525(a) of this title do not apply to a general or flag officer assigned to a temporary joint duty assignment designated by the Secretary of Defense.

(2)

A general or flag officer assigned to a temporary joint duty assignment as described in paragraph (1) may not be excluded under this subsection from the limitations in subsection (a) for a period of longer than one year.

(h)

Exclusion of officers departing from joint duty assignments

The limitations in subsection (a) do not apply to an officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment; except that the Secretary of Defense may authorize the Secretary of a military department to extend the 60-day by an additional 120 days, but no more than 3 officers from each armed force may be on active duty who are excluded under this subsection.

.

(g)

Repeal of limitations on general and flag officer activities outside the officer's own service

(1)

Repeal

Section 721 of such title is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 41 of such title is amended by striking the item relating to section 721.

(h)

Repeal of superseded authority

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

502.

Revisions to annual report requirement on joint officer management

Section 667 of title 10, United States Code, is amended—

(1)

in paragraph (1)(A), by striking and their education and experience;

(2)

by striking paragraph (3);

(3)

by transferring subparagraph (B) of paragraph (4) to the end of paragraph (1), redesignating that subparagraph as subparagraph (C), aligning that subparagraph with the margin of subparagraph (B) of paragraph (1), and capitalizing the first word of that subparagraph;

(4)

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

(5)

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

(6)

by striking paragraph (6);

(7)

by redesignating paragraphs (7) through (11) as paragraphs (4) through (8), respectively;

(8)

by redesignating paragraph (12) as paragraph (9) and in that paragraph striking each time the and all that follows and inserting “the principal courses of instruction for Joint Professional Military Education Level II, the number of officers graduating from each of the following:

(A)

The Joint Forces Staff College.

(B)

The National Defense University.

(C)

Senior Service Schools.

; and

(9)

by redesignating paragraph (13) as paragraph (10).

503.

Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff

(a)

In general

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

(b)

Effective date

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

504.

Chief and Deputy Chief of Chaplains of the Air Force

(a)

In general

Chapter 805 of title 10, United States Code, is amended by inserting after section 8038 the following new section:

8039.

Chief and Deputy Chief of Chaplains: appointment; duties

(a)

Chief of Chaplains

(1)

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

(2)

An officer appointed as the Chief of Chaplains shall be appointed for a term of three years. However, the President may terminate or extend the appointment at any time.

(3)

The Chief of Chaplains shall be appointed in the regular grade of major general.

(4)

The Chief of Chaplains shall perform such duties as may be prescribed by the Secretary of the Air Force and by law.

(b)

Deputy Chief of Chaplains

(1)

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

(2)

An officer appointed as the Deputy Chief of Chaplains shall be appointed for a term of three years. However, the President may terminate or extend the appointment at any time.

(3)

The Deputy Chief of Chaplains shall be appointed in the regular grade of brigadier general.

(4)

The Deputy Chief of Chaplains shall perform such duties as may be prescribed by the Secretary of the Air Force, the Chief of Chaplains, and by law.

(c)

Selection of recommended officers through selection board procedures

Under regulations approved by the Secretary of Defense, the Secretary of the Air Force in selecting an officer for recommendation to the President under subsection (a) for appointment as the Chief of Chaplains or under subsection (b) for appointment as the Deputy Chief of Chaplains shall ensure that the officer selected is recommended by a board of officers that, insofar as is practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 805 of such title is amended by inserting after the item related to section 8038 the following new item:

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

.

B

Reserve Component Management

511.

Report on requirements of the National Guard for non-dual status technicians

(a)

Report required

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

(1)

A description of the types of duties performed for the National Guard by non-dual status technicians.

(2)

A description of the current requirements of the National Guard for non-dual status technicians.

(3)

A description of various means of addressing any shortfalls in meeting such requirements, including both temporary shortfalls and permanent shortfalls.

(b)

Considerations

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

C

Education and Training

521.

Grade of commissioned officers in uniformed medical accession programs

(a)

Medical students of USUHS

Section 2114(b) of title 10, United States Code, is amended—

(1)

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

(2)

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

(b)

Participants in health professions scholarship and financial assistance program

Section 2121(c) of such title is amended—

(1)

in paragraph (1), by striking the second sentence and inserting the following new sentences: Each person so commissioned shall be appointed as a reserve officer in the grade of second lieutenant or ensign. An officer so appointed may, upon meeting such criteria for promotion as may be prescribed by the Secretary concerned, be appointed in the reserve grade of first lieutenant or lieutenant (junior grade). Medical students commissioned under this section shall serve on active duty in their respective grades for a period of 45 days during each year of participation in the program.; and

(2)

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

(c)

Officers detailed as students at medical schools

Subsection (e) of section 2004a of such title is amended—

(1)

in the subsection heading, by striking Appointment and treatment of prior active service and inserting Service on active duty; and

(2)

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

(1)

A commissioned officer detailed under subsection (a) shall serve on active duty, subject to the limitations on grade specified in section 2114(b)(1) of this title and with the entitlement to basic pay as specified in section 2114(b)(2) of this title.

.

522.

Expansion of criteria for appointment as member of the Board of Regents of the Uniformed Services University of the Health Sciences

Section 2113a(b)(1) of title 10, United States Code, is amended by striking health and health education and inserting health care, higher education administration, and public policy.

523.

Detail of commissioned officers as students at schools of psychology

(a)

In general

Chapter 101 of title 10, United States Code, is amended by inserting after section 2004 the following new section:

2004a.

Detail of commissioned officers as students at schools of psychology

(a)

Detail authorized

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

(b)

Eligibility for detail

To be eligible for detail under subsection (a), an officer must be a citizen of the United States and must—

(1)

have served on active duty for a period of not less than two years nor more than six years and be in the pay grade 0–3 or below as of the time the training is to begin; and

(2)

sign an agreement that unless sooner separated the officer will—

(A)

complete the educational course of psychological training;

(B)

accept transfer or detail as a commissioned officer within the military department concerned when the officer's training is completed; and

(C)

agree to serve, following completion of the officer's training, on active duty (or on active duty and in the Selected Reserve) for a period as specified pursuant to subsection (c).

(c)

Service obligation

(1)

Except as provided in paragraph (2), the agreement of an officer under subsection (b) shall provide that the officer shall serve on active duty for two years for each year or part thereof of the officer's training under subsection (a).

(2)

The agreement of an officer may authorize the officer to serve a portion of the officer's service obligation on active duty and to complete the service obligation that remains upon separation from active duty in the Selected Reserve. Under any such agreement, an officer shall serve three years in the Selected Reserve for each year or part thereof of the officer's training under subsection (a) for any service obligation that was not completed before separation from active duty.

(d)

Selection of officers for detail

Officers detailed for training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned.

(e)

Relation of service obligations to other service obligations

Any service obligation incurred by an officer under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by the officer under any other provision of law or agreement.

(f)

Expenses

Expenses incident to the detail of officers under this section shall be paid from any funds appropriated for the military department concerned.

(g)

Failure to complete program

(1)

An officer who is dropped from a program of psychological training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed on the officer under regulations issued by the Secretary of Defense for purposes of this section.

(2)

In no case shall an officer be required to serve on active duty under paragraph (1) for any period in excess of one year for each year or part thereof the officer participated in the program.

(h)

Limitation on details

No agreement detailing an officer of the armed forces to an accredited school of psychology may be entered into during any period in which the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2004 the following new item:

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

.

524.

Air Force Academy Athletic Association

(a)

In general

Chapter 903 of title 10, United States Code, is amended by inserting after section 9361 the following new section:

9362.

Air Force Academy athletic programs support

(a)

Establishment authorized

(1)

In general

The Secretary of the Air Force may, in accordance with the laws of the State of incorporation, establish a corporation to support the athletic programs of the Academy (in this section referred to as the corporation). All stock of the corporation shall be owned by the United States and held in the name of and voted by the Secretary of the Air Force.

(2)

Purpose

The corporation shall operate exclusively for charitable, educational, and civic purposes to support the athletic programs of the Academy.

(b)

Corporate organization

The corporation shall be organized and operated—

(1)

as a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986;

(2)

in accordance with this section; and

(3)

pursuant to the laws of the State of incorporation, its articles of incorporation, and its bylaws.

(c)

Corporate board of directors

(1)

Compensation

The members of the board of directors shall serve without compensation, except for reasonable travel and other related expenses for attendance at meetings.

(2)

Air Force personnel

The Secretary of the Air Force may authorize military and civilian personnel of the Air Force under section 1033 of this title to serve, in their official capacities, as members of the board of directors, but such personnel shall not hold more than one third of the directorships.

(d)

Transfer from nonappropriated fund operation

The Secretary of the Air Force may, subject to the acceptance of the corporation, transfer to the corporation all title to and ownership of the assets and liabilities of the Air Force nonappropriated fund instrumentality whose functions include providing support for the athletic programs of the Academy, including bank accounts and financial reserves in its accounts, equipment, supplies, and other personal property, but excluding any interest in real property.

(e)

Acceptance of gifts

The Secretary of the Air Force may accept from the corporation funds, supplies, and services for the support of cadets and Academy personnel during their participation in, or in support of, Academy or corporate events related to the Academy athletic programs.

(f)

Leasing

The Secretary of the Air Force may, in accordance with section 2667 of this title, lease real and personal property to the corporation for purposes related to the Academy athletic programs. Money rentals received from any such lease may be retained and spent by the Secretary to support athletic programs of the Academy.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9361 the following new item:

9362. Air Force Academy athletic programs support.

.

D

Defense Dependents' Education Matters

531.

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

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2010 pursuant to section 301(a)(5) for operation and maintenance for Defense-wide activities, $30,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b).

(b)

Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations

Of the amount authorized to be appropriated for fiscal year 2010 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $10,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572, as amended by section 533 of this Act.

(c)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

532.

Impact aid for children with severe disabilities

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

533.

Two-year extension of authority for assistance to local educational agencies with enrollment changes due to base closures, force structure changes, or force relocations

Section 572(b)(4) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b(b)(4)) is amended by striking September 30, 2010 and inserting September 30, 2012.

534.

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

(a)

Permanent authority

Subsection (a)(2) of section 1404A of the Defense Dependents' Education Act of 1978 (20 U.S.C. 923a) is amended by striking , and only through the 2010–2011 school year.

(b)

Combatant Commander advice and assistance

Subsection (c)(1) of such section is amended by inserting after Secretary the following: , with the advice and assistance of the commander of the geographic combatant command with jurisdiction over Mons, Belgium,.

535.

Study on options for educational opportunities for dependent children of members of the Armed Forces who do not attend Department of Defense dependents schools

(a)

Study on options for educational opportunities

(1)

Study required

The Secretary of Defense shall, in consultation with the Secretary of Education, conduct a study on options for educational opportunities that are, or may be, available for dependent children of members of the Armed Forces who do not attend Department of Defense dependents' schools when the public elementary and secondary schools attended by such children are determined to be in need of improvement pursuant to the No Child Left Behind Act of 2001 (Public Law 110–117).

(2)

Options

The options to be considered under the study required by paragraph (1) shall include the following:

(A)

Vouchers.

(B)

Education provided by the Department of Defense through the Internet.

(C)

Charter schools.

(D)

Such other options as the Secretary of Defense, in consultation with the Secretary of Education, considers appropriate for purposes of the study.

(3)

Elements

The study required by paragraph (1) shall address the following matters:

(A)

The challenges faced by parents in military families in securing quality elementary and secondary education for their children when the public elementary and secondary schools attended by their children are identified as being in need of improvement.

(B)

The extent to which perceptions of differing degrees of quality in public elementary and secondary schools in different regions of the United States affect plans of military families to relocate, including relocation pursuant to a permanent change of duty station.

(C)

The various reasons why military families seek educational opportunities for their children other than those available through local public elementary and secondary schools.

(D)

The current level of student achievement in public elementary and secondary schools in school districts which have a high percentage of students who are children of military families.

(E)

The educational needs of children of military families who are required by location to attend public elementary and secondary schools identified as being in need of improvement.

(F)

The value and impact of a school voucher or other alternative educational program for military families.

(G)

The extent to which the options referred to in paragraph (2) would provide a meaningful option for education for military children when the public elementary and secondary schools attended by such children are determined to be in need of improvement.

(H)

The extent to which the options referred to in paragraph (2) would improve the quality of education available for students with special needs, including students with learning disabilities and gifted students.

(I)

Such other matters as the Secretary of Defense, in consultation with the Secretary of Education, considers appropriate for purposes of the study.

(b)

Report

Not later than March 31, 2010, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the study required by subsection (b). The report shall include the following:

(1)

A description of the results of the study.

(2)

Such recommendations for legislative or administrative action as the Secretary of Defense considers appropriate in light of the results of the study.

536.

Sense of Senate on the Interstate Compact on Educational Opportunity for Military Children

(a)

Findings

The Senate makes the following findings:

(1)

The incongruity in how States assess and enroll transfer students creates challenges for the moving military family and can, in some cases, be detrimental to the higher education opportunities of military children.

(2)

The inability to transfer credits, maintain the proper number of school-year hours, missing exams, and other obstacles can make moving as a military family difficult.

(3)

The average military child moves six to nine times between kindergarten and high school graduation, creating a variety of challenges and obstacles related to permanent change of station moves.

(4)

The demands and strains on members of the Armed Forces and their families continue to increase and will do so for the foreseeable future as the United States continues overseas contingency operations, and children and adolescents are acutely vulnerable to family stresses caused by the high operational tempo and may therefore be at a heightened risk for emotional distress.

(5)

The routine of the school environment can be a source of stability for military children as they cope with the disruptive challenges caused by the deployment of a parent or a relocation.

(b)

Sense of Senate

It is the sense of the Senate to—

(1)

express strong support and commendation for Alabama, Alaska, Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, Texas, Virginia, and Washington as States that have successfully enacted the Interstate Compact on Educational Opportunity for Military Children;

(2)

express its strong support and encourage all remaining States to enact the Interstate Compact on Educational Opportunity for Military Children;

(3)

recognize the importance of the components of the Interstate Compact on Educational Opportunity for Military Children, including—

(A)

the transfer of educational records to expedite the proper enrollment and placement of students;

(B)

the ability of students to continue their enrollment at a grade level in the receiving State commensurate with their grade level from the sending State;

(C)

priority for attendance to children of members of the Armed Forces assuming the school district accepts transfer students;

(D)

the ability of students to continue their course placement, including but not limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical, and career pathways courses;

(E)

the recalculation of grades to consider the weights offered by a receiving school for the same performance in the same course when a student transfers from one grading system to another system (for example, number-based system to letter-based system);

(F)

the waiver of specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or the provision of an alternative means of acquiring required coursework so that graduation may occur on time; and

(G)

the recognition of an appointed guardian as a custodial parent while the child’s parent or parents are deployed; and

(4)

express strong support for States to develop a State Council to provide for the coordination among their agencies of government, local education agencies, and military installations concerning the participation of a State in the Interstate Compact on Educational Opportunity for Military Children.

537.

Comptroller General audit of assistance to local educational agencies for dependent children of members of the Armed Forces

(a)

In general

The Comptroller General of the United States shall conduct an audit of the utilization by local educational agencies of the assistance specified in subsection (b) provided to such agencies for fiscal years 2001 through 2009 for the education of dependent children of members of the Armed Forces. The audit shall include—

(1)

an evaluation of the utilization of such assistance by such agencies; and

(2)

an assessment of the effectiveness of such assistance in improving the quality of education provided to dependent children of members of the Armed Forces.

(b)

Assistance specified

The assistance specified in this subsection is—

(1)

assistance provided under—

(A)

section 572 the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b);

(B)

section 559 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1917);

(C)

section 536 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1474);

(D)

section 341 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2514);

(E)

section 351 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1063); or

(F)

section 362 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–76); and

(2)

payments made under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

(c)

Report

Not later than March 1, 2010, the Comptroller General shall submit to the congressional defense committees a report containing the results of the audit required by subsection (a).

538.

Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents

Section 2164 of title 10, United States Code, is amended by adding at the end the following new subsection:

(j)

Tuition-free enrollment of dependents of foreign military personnel residing on domestic military installations and dependents of certain deceased members of the armed forces

(1)

The Secretary may authorize the enrollment in an education program provided by the Secretary pursuant to subsection (a) of a dependent not otherwise eligible for such enrollment who is the dependent of an individual described in paragraph (2). Enrollment of such a dependent shall be on a tuition-free basis.

(2)

An individual referred to in paragraph (1) is any of the following:

(A)

A member of a foreign armed force residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States).

(B)

A deceased member of the armed forces who died in the line of duty in a combat-related operation, as designated by the Secretary.

.

E

Military Justice and Legal Assistance Matters

541.

Independent review of judge advocate requirements of the Department of the Navy

(a)

Independent panel for review

(1)

Establishment

There is hereby established an independent panel to review the judge advocate requirements of the Department of the Navy.

(2)

Composition

The panel shall be composed of five members, appointed by the Secretary of Defense from among private United States citizens who have expertise in law, military manpower policies, the missions of the Navy and Marine Corps, and the current responsibilities of Navy and Marine Corps judge advocates in ensuring competent legal representation and advice to commanders.

(3)

Chair

The chair of the panel shall be appointed by the Secretary from among the members of the panel appointed under paragraph (2).

(4)

Period of appointment; vacancies

Members shall be appointed for the life of the panel. Any vacancy in the panel shall be filled in the same manner as the original appointment.

(5)

Meetings

The panel shall meet at the call of the chair.

(6)

Deadline for appointments

All original appointments to the panel shall be made not later than April 1, 2010.

(7)

First meeting

The chair shall call the first meeting of the panel not later than June 1, 2010.

(b)

Duties

(1)

In general

The panel established under subsection (a) shall carry out a study of the policies and management and organizational practices of the Navy and Marine Corps with respect to the responsibilities, assignment, and career development of judge advocates for purposes of determining the number of judge advocates required to fulfill the legal mission of the Department of the Navy.

(2)

Review

In carrying out the study required by paragraph (1), the panel shall—

(A)

review the emergent operational law requirements of the Navy and Marine Corps, including requirements for judge advocates on joint task forces, in support of rule of law objectives in Iraq and Afghanistan, and in operational units;

(B)

review new requirements to support the Office of Military Commissions and to support the disability evaluation system for members of the Armed Forces;

(C)

review the judge advocate requirements of the Department of the Navy for the military justice mission, including assignment policies, training and education, increasing complexity of court-martial litigation, and the performance of the Navy and Marine Corps in providing legally sufficient post-trial processing of cases in general courts-martial and special courts-martial;

(D)

review the role of the Judge Advocate General of the Navy, as the senior uniformed legal officer of the Department of the Navy, to determine whether additional authority for the Judge Advocate General over manpower policies and assignments of judge advocates in the Navy and Marine Corps is warranted;

(E)

review directives issued by the Navy and the Marine Corps pertaining to jointly-shared missions requiring legal support;

(F)

review career patterns for Marine Corps judge advocates in order to identify and validate assignments to nonlegal billets required for professional development and promotion; and

(G)

review, evaluate, and assess such other matters and materials as the panel considers appropriate for purposes of the study.

(3)

Utilization of other studies

In carrying out the study required by paragraph (1), the panel may review, and incorporate as appropriate, the findings of applicable ongoing and completed studies in future manpower requirements, including the two-part study by CNA Analysis and Solutions entitled An Analysis of Navy JAG Corps Future Manpower Requirements.

(4)

Report

Not later than 120 days after its first meeting under subsection (a)(7), the panel shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report on the study. The report shall include—

(A)

the findings and conclusions of the panel as a result of the study; and

(B)

any recommendations for legislative or administrative action that the panel considers appropriate in light of the study.

(c)

Personnel matters

(1)

Pay of members

(A)

Members of the panel established under subsection (a) shall serve without pay by reason of their work on the panel.

(B)

Section 1342 of title 31, United States Code, shall not apply to the acceptance of services of a member of the panel under this section.

(2)

Travel expenses

The members of the panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance or services for the panel.

F

Military Family Readiness Matters

551.

Additional members on the Department of Defense Military Family Readiness Council

Section 1781a(b)(1) of title 10, United States Code, is amended—

(1)

by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;

(2)

by inserting after subparagraph (B) the following new subparagraph (C):

(C)

In addition to the representatives appointed under subparagraph (B)—

(i)

one representative from the National Guard, who shall be appointed by the Secretary of Defense; and

(ii)

one representative from a reserve component of the armed forces (other than the National Guard), who shall be so appointed.

; and

(3)

in subparagraph (E), as redesignated by paragraph (1), by striking subparagraph (B) and inserting subparagraphs (B) and (C).

552.

Comprehensive plan on prevention, diagnosis, and treatment of substance use disorders and disposition of substance abuse offenders in the Armed Forces

(a)

Review and assessment of current capabilities

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, conduct a comprehensive review of the following:

(A)

The programs and activities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces.

(B)

The policies of the Department of Defense relating to the disposition of substance abuse offenders in the Armed Forces, including disciplinary action and administrative separation.

(2)

Elements

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

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(F)

The adequacy and appropriateness of protocols and directives for the diagnosis and treatment of substance use disorders in members of the Armed Forces and for the disposition, including disciplinary action and administrative separation, of members of the Armed Forces who abuse substances.

(G)

The adequacy of the availability of and access to care for substance use disorders for members of the reserve components of the Armed Forces, including an identification of any obstacles that are unique to the prevention, diagnosis, and treatment of substance use disorders and the appropriate disposition of substance abuse offenders (including disciplinary action and administrative separation) in members of the reserve components of the Armed Forces.

(H)

The adequacy of the prevention, diagnosis, and treatment of substance use disorders in family members of members of the Armed Forces.

(I)

Any gaps in the current capabilities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces.

(3)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the findings and recommendations of the Secretary as a result of the review conducted under paragraph (1). The report shall—

(A)

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

(B)

set forth relevant statistics on the frequency of substance use disorders, disciplinary actions, and administrative separations for substance abuse in members of the regular components of the Armed Forces, members of the reserve component of the Armed Forces, and to the extent applicable, dependents of such members (including spouses and children); and

(C)

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

(b)

Plan for improvement and enhancement of programs and policies

(1)

Plan required

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for the improvement and enhancement of the following:

(A)

The programs and activities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces and their dependent family members.

(B)

The policies of the Department of Defense relating to the disposition of substance abuse offenders in the Armed Forces, including disciplinary action and administrative separation.

(2)

Basis

The comprehensive plan required by paragraph (1) shall take into account the following:

(A)

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

(B)

Similar initiatives of the Secretary of Veterans Affairs to expand and improve care for substance use disorders among veterans, including the programs and activities conducted under title I of the Veterans' Mental Health and Other Care Improvements Act of 2008 (Public Law 110–387; 112 Stat. 4112).

(3)

Comprehensive statement of policy

The comprehensive plan required by paragraph (1) shall include a comprehensive statement of the following:

(A)

The policy of the Department of Defense regarding the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces and their dependent family members.

(B)

The policies of the Department of Defense relating to the disposition of substance abuse offenders in the Armed Forces, including disciplinary action and administrative separation.

(4)

Availability of services and treatment

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

(5)

Prevention and reduction of disorders

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

(6)

Specific instructions

The comprehensive plan required by paragraph (1) shall include each of the following:

(A)

Substances of abuse

Instructions on the prevention, diagnosis, and treatment of substance abuse in members of the Armed Forces, including the abuse of alcohol, illicit drugs, and nonmedical use and abuse of prescription drugs.

(B)

Healthcare professionals

Instructions on—

(i)

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

(ii)

appropriate staffing levels for healthcare professionals at military medical treatment facilities for the prevention, screening, diagnosis, and treatment of substance use disorders in members of the Armed Forces; and

(iii)

such uniform training and credentialing requirements for physician and nonphysician healthcare professionals in the prevention, screening, diagnosis, and treatment of substance use disorders in members of the Armed Forces as the Secretary considers appropriate.

(C)

Services for dependent family members

Instructions on the availability of services for substance use disorders for dependent family members of members of the Armed Forces, including instructions on making such services available to such dependents to the maximum extent practicable.

(D)

Relationship between disciplinary action and treatment

Policy on the relationship between disciplinary actions and administrative separation processing and prevention and treatment of substance use disorders in members of the Armed Forces.

(E)

Confidentiality

Recommendations regarding policies pertaining to confidentiality for members of the Armed Forces in seeking or receiving services or treatment for substance use disorders.

(F)

Participation of chain of command

Policy on appropriate consultation, reference to, and involvement of the chain of command of members of the Armed Forces in matters relating to the diagnosis and treatment of substance abuse and disposition of military members who abuse substances.

(G)

Consideration of gender

Instructions on gender specific requirements, if appropriate, in the prevention, diagnosis, treatment, and management of substance use disorders in members of the Armed Forces, including gender specific care and treatment requirements.

(H)

Coordination with other healthcare initiatives

Instructions on the integration of efforts on the prevention, diagnosis, treatment, and management of substance use disorders in members of the Armed Forces with efforts to address co-occurring health care disorders (such as post-traumatic stress disorder (PTSD) and depression) and suicide prevention.

(7)

Other elements

In addition to the matters specified in paragraph (3), the comprehensive plan required by paragraph (1) shall include the following:

(A)

Implementation plan

An implementation plan for the achievement of the goals of the comprehensive plan, including goals relating to the following:

(i)

Enhanced education of members of the Armed Forces and their families regarding substance use disorders.

(ii)

Enhanced and improved identification and diagnosis of substance use disorders in members of the Armed Forces and their families.

(iii)

Enhanced and improved access of members of the Armed Forces to services and treatment for and management of substance use disorders.

(iv)

Appropriate staffing of military medical treatment facilities and other facilities for the treatment of substance use disorders in members of the Armed Forces.

(B)

Best practices

The incorporation of evidence-based best practices utilized in current military and civilian approaches to the prevention, diagnosis, treatment, and management of substance use disorders.

(C)

Available research

The incorporation of applicable results of available studies, research, and academic reviews on the prevention, diagnosis, treatment, and management of substance use disorders.

(8)

Update in light of independent study

Upon the completion of the study required by subsection (c), the Secretary of Defense shall—

(A)

in consultation with the Secretaries of the military departments, make such modifications and improvements to the comprehensive plan required by paragraph (1) as the Secretary of Defense considers appropriate in light of the findings and recommendations of the study; and

(B)

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

(c)

Independent report on substance use disorders programs for members of the Armed Forces

(1)

Study required

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

(2)

Elements

The study required by paragraph (1) shall include a review and assessment of the following:

(A)

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

(B)

The adequacy of the availability of and access to care for substance use disorders in military medical treatment facilities and under the TRICARE program.

(C)

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

(D)

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

(E)

The adequacy of the availability of and access to care for substance use disorders for members of the reserve components of the Armed Forces when compared with the availability of and access to care for substance use disorders for members of the regular components of the Armed Forces.

(F)

The adequacy of the prevention, diagnosis, treatment, and management of substance use disorder programs for dependent family members of members of the Armed Forces, whether such family members suffer from their own substance use disorder or because of the substance use disorder of a member of the Armed Forces.

(G)

Such other matters as the Secretary considers appropriate for purposes of the study.

(3)

Report

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

553.

Military community support for children with autism and their families

(a)

Policy on military community support required

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

(b)

Program on support

(1)

Program required

In carrying out the policy required by subsection (a), the Secretary shall develop and carry out a program on support for military children with autism and their families.

(2)

Elements

The program required by this subsection shall provide for broad-based services, including the following:

(A)

Research.

(B)

Early intervention.

(C)

Evidence-based therapeutic and medical services.

(D)

Education and training on autism for family members.

(E)

Appropriate coordination with applicable school programs.

(F)

Vocational training for adolescent military children with autism.

(G)

Family counseling for families of military children with autism.

(3)

Pilot projects

In carrying out the program required by this subsection, the Secretary shall conduct one or more pilot projects to assess the effectiveness of various approaches to developing and enhancing integrated community support for military children with autism, including adolescent military children with autism, and their families utilizing the program elements specified in paragraph (2).

(4)

Consultation

For purposes of carrying out the requirements of this subsection, the Secretary shall establish a partnership with one or more entities (whether public or private) that provide services or support for, or conduct research on, individuals with autism spectrum disorder and their families.

(c)

Reports

(1)

Initial report

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

(2)

Pilot projects

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

(d)

Funding

Of the amount authorized to be appropriated for fiscal year 2010 pursuant to section 301(a)(5) for operation and maintenance, Defense-wide activities, $5,000,000 may be available to carry out this section.

(e)

Military children with autism defined

In this section, the term military children with autism means dependent children of members of the Armed Forces with autism spectrum disorder.

554.

Reports on effects of deployments on military children and the availability of mental health care and counseling services for military children

(a)

Impact of deployments of military parents on military children

(1)

In general

The Secretary of Defense shall undertake a comprehensive assessment of the impacts of military deployment on dependent children of members of the Armed Forces. The assessment shall separately address each of the categories of such children as follows:

(A)

Preschool-age children.

(B)

Elementary-school age children.

(C)

Teenage or adolescent children.

(2)

Elements

The assessment undertaken under paragraph (1) shall include an assessment of the following:

(A)

The impact that separation due to the deployment of a military parent or parents has on children.

(B)

The impact that multiple deployments of a military parent or parents have on children.

(C)

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

(D)

The impact that the death of a military parent or parents in connection with a deployment has on children.

(E)

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

(F)

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

(G)

Such other matters as the Secretary considers appropriate.

(3)

Report

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the assessment undertaken under paragraph (1), including the findings and recommendations of the Secretary as a result of the assessment.

(b)

Mental health care and counseling services available to military children

(1)

In general

The Secretary of Defense shall conduct a comprehensive review of the mental health care and counseling services available to dependent children of members of the Armed Forces through the Department of Defense.

(2)

Elements

The review under paragraph (1) shall include an assessment of the following:

(A)

The availability, quality, and effectiveness of Department of Defense programs intended to meet the mental health care needs of military children.

(B)

The availability, quality, and effectiveness of Department of Defense programs intended to promote resiliency in military children in coping with deployment cycles, injury, or death in military parents.

(C)

The extent of access to, adequacy, and availability of mental health care and counseling services for military children in military medical treatment facilities, in family assistance centers, through Military OneSource, under the TRICARE program, and in Department of Defense dependents' schools.

(D)

Whether the status of a member of the Armed Forces on active duty, or in reserve active status, affects the access of a military child to mental health care and counseling services.

(E)

Whether, and to what extent, waiting lists, geographic distance, and other factors may obstruct the receipt by military children of mental health care and counseling services.

(F)

The extent of access to, availability, and viability of specialized mental health care for military children (including adolescents).

(G)

The extent of any gaps in the current capabilities of the Department of Defense to provide preventive mental health services for military children.

(H)

Such other matters as the Secretary considers appropriate.

(3)

Report

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review conducted under paragraph (1), including the findings and recommendations of the Secretary as a result of the review.

(4)

Comprehensive plan for improvements in access to care and counseling

The Secretary shall develop a comprehensive plan for improvements in access to quality mental health care and counseling services for military children in order to develop and promote psychological health and resilience in children of deploying and deployed members of the Armed Forces. The information in the report required by paragraph (3) shall provide the basis for the development of the plan.

555.

Report on child custody litigation involving service of members of the Armed Forces

(a)

Report required

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

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

A statement of the total number of cases, by Armed Force, in which members of the Armed Forces have lost custody of a child as a result of deployment, or the prospect of deployment, under military orders.

(2)

A summary of applicable Federal law pertaining to child custody disputes involving members of the Armed Forces.

(3)

An analysis of the litigation history of all available reported cases involving child custody disputes in which the deployment of a member of the Armed Forces was an issue in the dispute, and a discussion of the rationale presented by deciding judges and courts of the reasons for their rulings.

(4)

An assessment of the nature and extent of the problem, if any, for members of the Armed Forces who are custodial parents in being able to deploy and perform their operational mission while continuing to fulfill their role as parents with sole or joint custody of minor children.

(5)

A discussion of measures being taken by the States, or which are under consideration by State legislatures, to address matters relating to child custody disputes in which one of the parties is a member of the Armed Forces, and an assessment whether State legislatures and State courts are cognizant of issues involving members of the Armed Forces with minor children.

(6)

A discussion of Family Care Plan policies aimed at ensuring that appropriate measures are taken by members of the Armed Forces to avoid litigation in child custody disputes.

(7)

Such recommendations as the Secretary considers appropriate regarding how best to assist members of the Armed Forces who are single, custodial parents with respect to child custody disputes in connection with the performance of military duties, including the need for legislative or administrative action to provide such assistance.

(8)

Such other recommendations for legislative or administrative action as the Secretary considers appropriate.

556.

Sense of Senate on preparation and coordination of Family Care Plans

(a)

Findings

The Senate makes the following findings:

(1)

Family Care Plans provide a military tool to document the plan by which members of the Armed Forces provide for the care of their family members when military duties prevent members of the Armed Forces from doing so themselves. Properly prepared Family Care Plans are essential to military readiness. Minimizing the strain on members of the Armed Forces of unresolved, challenged, or voided child custody arrangements arising during deployments or temporary duty directly contributes to the national defense by enabling members of the Armed Forces to devote their entire energy to their military mission and duties.

(2)

When Family Care Plans are properly prepared and coordinated with all affected parties, the legal difficulties that may otherwise arise in the absence of the military custodial parent often can be minimized, if not eliminated.

(b)

Sense of Senate

It is the sense of the Senate that—

(1)

the responsibility for establishing workable and legally supportable Family Care Plans lies with the members of the Armed Forces;

(2)

notwithstanding that responsibility, commanders should—

(A)

ensure that the members of their command fully understand the purpose of the Family Care Plan and its limitations, including the overriding authority of State courts to determine child custody arrangements notwithstanding a Family Care Plan;

(B)

understand and emphasize to their members that failure to involve, or at least inform, the non-custodial parent of custody arrangements in anticipation of an absence can undermine the Family Care Plan or even render it useless, in such cases; and

(C)

apprise their members of the risks described in subparagraph (B), and strongly encourage them to seek legal assistance, as far in advance of actual absences as practicable;

(3)

the Secretary of Defense, and the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy, should ensure that members of the Armed Forces update their Family Care Plans and emphasize—

(A)

the importance of prior planning;

(B)

that Family Care Plans are necessary not only for the single parent and for the dual military couple but also for a married member of the Armed Forces who has custody of a child pursuant to a court order or separation agreement or who has custody of a child whose other parent is not the current spouse of the member;

(C)

that in spite of how important Family Care Plans are to readiness, they are not legal documents that can change a court-mandated custodial arrangement or interfere with the other parent’s right to custody of his or her child;

(D)

that, to the greatest extent possible, a member of the Armed Forces should inform the other parent of the member’s impending absence due to military orders if such absence prohibits the member from fulfilling the member's custody responsibilities and inform that other parent of the Family Care Plan;

(E)

that a member of the Armed Forces should attempt to obtain the consent of the non-custodial or adoptive parent to any Family Care Plan that would leave the child in the care of a third party; and

(F)

that if a member of the Armed Forces cannot or will not contact the non-custodial parent or cannot obtain that parent’s consent to the Family Care Plan, the commander of the member should—

(i)

counsel the member about the implications; and

(ii)

encourage in the strongest possible terms that the member seek immediate help from a legal assistance attorney or other qualified legal counsel; and

(4)

attorneys providing legal assistance as described in paragraph (3)(F)(ii) should provide members of the Armed Forces a full explanation of the dangers of not involving the non-custodial parent and discuss appropriate courses of action.

557.

Expansion of suicide prevention and community healing and response training under the Yellow Ribbon Reintegration Program

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended—

(1)

in subsection (h)—

(A)

by striking paragraph (3); and

(B)

by redesignating paragraphs (4) through (15) as paragraphs (3) through (14), respectively; and

(2)

by adding at the end the following new subsection:

(i)

Suicide Prevention and Community Healing and Response Program

(1)

Establishment

As part of the Yellow Ribbon Reintegration Program, the Office for Reintegration Programs shall establish a program to provide National Guard and Reserve members and their families, and in coordination with community programs, assist the communities, with training in suicide prevention and community healing and response to suicide.

(2)

Design

In establishing the program under paragraph (1), the Office for Reintegration Programs shall consult with—

(A)

persons that have experience and expertise with combining military and civilian intervention strategies that reduce risk and promote healing after a suicide attempt or suicide death for National Guard and Reserve members; and

(B)

the adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.

(3)

Operation

(A)

Suicide Prevention Training

The Office for Reintegration Programs shall provide National Guard and Reserve members with training in suicide prevention. Such training shall include—

(i)

describing the warning signs for suicide and teaching effective strategies for prevention and intervention;

(ii)

examining the influence of military culture on risk and protective factors for suicide; and

(iii)

engaging in interactive case scenarios and role plays to practice effective intervention strategies.

(B)

Community Healing and Response Training

The Office for Reintegration Programs shall provide the families and communities of National Guard and Reserve members with training in responses to suicide that promote individual and community healing. Such training shall include—

(i)

enhancing collaboration among community members and local service providers to create an integrated, coordinated community response to suicide;

(ii)

communicating best practices for preventing suicide, including safe messaging, appropriate memorial services, and media guidelines;

(iii)

addressing the impact of suicide on the military and the larger community, and the increased risk that can result; and

(iv)

managing resources to assist key community and military service providers in helping the families, friends, and fellow soldiers of a suicide victim through the processes of grieving and healing.

(C)

Collaboration with Centers of Excellence

The Office for Reintegration Programs, in consultation with the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury, shall collect and analyze lessons learned and suggestions from State National Guard and Reserve organizations with existing or developing suicide prevention and community response programs.

(4)

Termination

The program established under this subsection shall terminate on October 1, 2012.

.

558.

Report on Yellow Ribbon Reintegration Program

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the various reintegration programs being administered in support of National Guard and Reserve members and their families.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

An evaluation of the initial implementation of the Yellow Ribbon Reintegration Program in fiscal year 2009, including an assessment of the best practices from pilot programs offered by various States to provide supplemental services to Yellow Ribbon and the feasibility of incorporating those practices into Yellow Ribbon.

(2)

An assessment of the extent to which Yellow Ribbon funding, although requested in multiple component accounts, supports robust joint programs that provide reintegration and support services to National Guard and Reserve members and their families regardless of military affiliation.

(3)

An assessment of the extent to which Yellow Ribbon programs are coordinating closely with the Department of Veterans Affairs and its various veterans' programs.

(4)

Plans for further implementation of the Yellow Ribbon Reintegration Program in fiscal year 2010.

559.

Improved access to mental health care for family members of members of the National Guard and Reserve who are deployed overseas

(a)

Initiative To increase access to mental health care

(1)

In general

The Secretary of Defense shall develop and implement a plan to expand existing initiatives of the Department of Defense to increase access to mental health care for family members of members of the National Guard and Reserve deployed overseas during the periods of mobilization, deployment, and demobilization of such members of the National Guard and Reserve.

(2)

Elements

The plan required by paragraph (1) shall include the following:

(A)

Programs and activities to educate family members of members of the National Guard and Reserve who are deployed overseas on potential mental health challenges connected with such deployment.

(B)

Programs and activities to provide such family members with complete information on all mental health resources available to such family members through the Department of Defense and otherwise.

(C)

Efforts to expand counseling activities for such family members in local communities.

(b)

Reports

(1)

In general

Not later than 180 days after the date of the enactment of this Act, and at such times thereafter as the Secretary of Defense considers appropriate, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on this section.

(2)

Elements

Each report shall include the following:

(A)

A current assessment of the extent to which family members of members of the National Guard and Reserve who are deployed overseas have access to, and are utilizing, mental health care available under this section.

(B)

A current assessment of the quality of mental health care being provided to family members of members of the National Guard and Reserve who are deployed overseas, and an assessment of expanding coverage for mental health care services under the TRICARE program to mental health care services provided at facilities currently outside the network of the TRICARE program.

(C)

Such recommendations for legislative or administration action as the Secretary considers appropriate in order to further assure full access to mental health care by family members of members of the National Guard and Reserve who are deployed overseas during the mobilization, deployment, and demobilization of such members of the National Guard and Reserve.

560.

Full access to mental health care for family members of members of the National Guard and Reserve who are deployed overseas

(a)

Expanded Initiative To increase access to mental health care

(1)

In general

The Secretary of Defense shall expand existing Department of Defense initiatives to increase access to mental health care for family members of members of the National Guard and Reserve deployed overseas during the periods of mobilization, deployment, and demobilization of such members of the National Guard and Reserve.

(2)

Elements

The expanded initiatives, which shall build upon and be consistent with ongoing efforts, shall include the following:

(A)

Programs and activities to educate the family members of members of the National Guard and Reserve who are deployed overseas on potential mental health challenges connected with such deployment.

(B)

Programs and activities to provide such family members with complete information on all mental health resources available to such family members through the Department of Defense and otherwise.

(C)

Guidelines for mental health counselors at military installations in communities with large numbers of mobilized members of the National Guard and Reserve to expand the reach of their counseling activities to include families of such members in such communities.

(b)

Reports

(1)

In general

Not later than 180 days after the date of the enactment of this Act, and at such times as the Secretary deems appropriate thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on this section.

(2)

Elements

Each report shall include the following:

(A)

A current assessment of the extent to which family members of members of the National Guard and Reserve who are deployed overseas have access to, and are utilizing, mental health care available under this section.

(B)

A current assessment of the quality of mental health care being provided to family members of members of the National Guard and Reserve who are deployed overseas, and an assessment of expanding coverage for mental health care services under the TRICARE program to mental health care services provided at facilities currently outside the accredited network of the TRICARE program.

(C)

Such recommendations for legislative or administration action as the Secretary considers appropriate in order to further assure full access to mental health care by family members of members of the National Guard and Reserve who are deployed overseas during the mobilization, deployment, and demobilization of such members of the National Guard and Reserve.

561.

Comptroller General report on child care assistance for deployed members of the reserve components of the Armed Forces

(a)

In general

Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representative a report on financial assistance for child care provided by the Department of Defense, including through the Operation: Military Child Care and Military Child Care in Your Neighborhood programs, to members of the reserve components of the Armed Forces who are deployed in connection with a contingency operation.

(b)

Elements

The report required by subsection (a) shall include an assessment of the following:

(1)

The types of financial assistance for child care made available by the Department of Defense to members of the reserve components of the Armed Forces who are deployed in connection with a contingency operation.

(2)

The extent to which such members have taken advantage of such assistance since such assistance was first made available.

(3)

The formulas used for calculating the amount of such assistance provided to such members.

(4)

The funding allocated to such assistance.

(5)

The remaining costs of child care to families of such members that are not covered by the Department of Defense.

(6)

Any barriers to access to such assistance faced by such members and the families of such members.

(7)

The different criteria used by different States with respect to the regulation of child care services and the potential impact differences in such criteria may have on the access of such members to such assistance.

(8)

The different standards and criteria used by different programs of the Department of Defense for providing such assistance with respect to child care providers and the potential impact differences in such standards and criteria may have on the access of such members to such assistance.

(9)

Any other matters the Comptroller General determines relevant to the improvement of financial assistance for child care made available by the Department of Defense to members of the reserve components of the Armed Forces who are deployed in connection with a contingency operation.

G

Other Matters

571.

Deadline for report on sexual assault in the Armed Forces by Defense Task Force on Sexual Assault in the Military Services

Section 576(e)(1) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1924; 10 U.S.C. 4331 note) is amended by striking one year after the initiation of its examination under subsection (b) and inserting December 1, 2009.

572.

Clarification of performance policies for military musical units and musicians

(a)

Clarification

Section 974 of title 10, United States Code, is amended to read as follows:

974.

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

(a)

Military musicians performing in an official capacity

(1)

A military musical unit, and a member of the armed forces who is a member of such a unit performing in an official capacity, may not engage in the performance of music in competition with local civilian musicians.

(2)

For purposes of paragraph (1), the following shall, except as provided in paragraph (3), be included among the performances that are considered to be a performance of music in competition with local civilian musicians:

(A)

A performance that is more than incidental to an event that—

(i)

is not supported, in whole or in part, by United States Government funds; and

(ii)

is not free to the public.

(B)

A performance of background, dinner, dance, or other social music at an event that—

(i)

is not supported, in whole or in part, by United States Government funds; and

(ii)

is held at a location not on a military installation.

(3)

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

(A)

A performance (including background, dinner, dance, or other social music) at an official United States Government event that is supported, in whole or in part, by United States Government funds.

(B)

A performance at a concert, parade, or other event, that—

(i)

is a patriotic event or a celebration of a national holiday; and

(ii)

is free to the public.

(C)

A performance that is incidental to an event that—

(i)

is not supported, in whole or in part, by United States Government funds; or

(ii)

is not free to the public.

(D)

A performance (including background, dinner, dance, or other social music) at—

(i)

an event that is sponsored by or for a military welfare society, as defined in section 2566 of this title;

(ii)

an event that is a traditional military event intended to foster the morale and welfare of members of the armed forces and their families; or

(iii)

an event that is specifically for the benefit or recognition of members of the armed forces, their family members, veterans, civilian employees of the Department of Defense, or former civilian employees of the Department of Defense, to the extent provided in regulations prescribed by the Secretary of Defense.

(E)

A performance (including background, dinner, dance, or other social music)—

(i)

to uphold the standing and prestige of the United States with dignitaries and distinguished or prominent persons or groups of the United States or another nation; or

(ii)

in support of fostering and sustaining a cooperative relationship with another nation.

(b)

Prohibition of military musicians accepting additional remuneration for official performances

A military musical unit, and a member of the armed forces who is a member of such a unit performing in an official capacity, may not receive remuneration for an official performance, other than applicable military pay and allowances.

(c)

Recordings

(1)

When authorized under regulations prescribed by the Secretary of Defense for purposes of this section, a military musical unit may produce recordings for distribution to the public, at a cost not to exceed expenses of production and distribution.

(2)

Amounts received in payment for a recording distributed to the public under this subsection shall be credited to the appropriation or account providing the funds for the production of the recording. Any amount so credited shall be merged with amounts in the appropriation or account to which credited, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account.

(d)

Performances at foreign locations

Subsection (a) does not apply to a performance outside the United States, its commonwealths, or its possessions.

(e)

Military musical unit defined

In this section, the term military musical unit means a band, ensemble, chorus, or similar musical unit of the armed forces.

.

(b)

Clerical amendment

The item relating to such section in the table of sections at the beginning of chapter 49 of such title is amended to read as follows:

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

.

573.

Guarantee of residency for spouses of military personnel for voting purposes

(a)

In general

Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended—

(1)

by striking For and inserting the following:

(a)

In general

For

;

(2)

by adding at the end the following new subsection:

(b)

Spouses

For the purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a person who is absent from a State because the person is accompanying the person’s spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence—

(1)

be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;

(2)

be deemed to have acquired a residence or domicile in any other State; or

(3)

be deemed to have become a resident in or a resident of any other State.

; and

(3)

in the section heading, by inserting and spouses of military personnel before the period at the end.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act (50 U.S.C. App. 501) is amended by striking the item relating to section 705 and inserting the following new item:

Sec. 705. Guarantee of residency for military personnel and spouses of military personnel.

.

(c)

Application

Subsection (b) of section 705 of such Act (50 U.S.C. App. 595), as added by subsection (a) of this section, shall apply with respect to absences from States described in such subsection (b) on or after the date of the enactment of this Act, regardless of the date of the military or naval order concerned.

574.

Determination for tax purposes of residence of spouses of military personnel

(a)

In general

Section 511 of the Servicemembers Civil Relief Act (50 U.S.C. App. 571) is amended—

(1)

in subsection (a)—

(A)

by striking A servicemember and inserting the following:

(1)

In general

A servicemember

; and

(B)

by adding at the end the following:

(2)

Spouses

A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember’s military orders if the residence or domicile, as the case may be, is the same for the servicemember and the spouse.

;

(2)

by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively;

(3)

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

(c)

Income of a Military Spouse

Income for services performed by the spouse of a servicemember shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the spouse is not a resident or domiciliary of the jurisdiction in which the income is earned because the spouse is in the jurisdiction solely to be with the servicemember serving in compliance with military orders.

; and

(4)

in subsection (d), as redesignated by paragraph (2)—

(A)

in paragraph (1), by inserting or the spouse of a servicemember after The personal property of a servicemember; and

(B)

in paragraph (2), by inserting or the spouse’s after servicemember’s.

(b)

Application

Subsections (a)(2) and (c) of section 511 of such Act (50 U.S.C. App. 571), as added by subsection (a) of this section, and the amendments made to such section 511 by subsection (a)(4) of this section, shall apply with respect to any return of State or local income tax filed for any taxable year beginning with the taxable year that includes the date of the enactment of this Act.

575.

Suspension of land rights residency requirement for spouses of military personnel

(a)

In general

Section 508 of the Servicemembers Civil Relief Act (50 U.S.C. App. 568) is amended in subsection (b) by inserting or the spouse of such servicemember after a servicemember in military service.

(b)

Application

The amendment made by subsection (a) shall apply with respect to servicemembers in military service (as defined in section 101 of such Act (50 U.S.C. App. 511)) on or after the date of the enactment of this Act.

576.

Modification of Department of Defense share of expenses under National Guard Youth Challenge Program

(a)

Modification

Section 509(d)(1) of title 32, United States Code, is amended by striking may not exceed and all that follows and inserting “may not exceed the amount as follows:

(A)

In the case of a State program of the Program in either of its first two years of operation, an amount equal to 100 percent of the costs of operating the State program in that fiscal year.

(B)

In the case of any other State program of the Program, an amount equal to 75 percent of the costs of operating the State program in that fiscal year.

.

(b)

Effective date

The amendment made by subsection (a) shall take effect on October 1, 2009, and shall apply with respect to fiscal years beginning on or after that date.

577.

Provision to members of the Armed Forces and their families of comprehensive information on benefits for members of the Armed Forces and their families

(a)

Provision of comprehensive information required

The Secretary of the military department concerned shall, at each time specified in subsection (b), provide to each member of the Armed Forces and, when practicable, the family members of such member comprehensive information on the benefits available to such member and family members as described in subsection (c), including the estimated monetary amount of such benefits and of any applicable offsets to such benefits.

(b)

Times for provision of information

Comprehensive information on benefits shall be provided a member of the Armed Forces and family members at each time as follows:

(1)

Within 180 days of the enlistment, accession, or commissioning of the member as a member of the Armed Forces.

(2)

Within 180 days of a determination that the member—

(A)

has incurred a service-connected disability; and

(B)

is unfit to perform the duties of the member's office, grade, rank, or rating because of such disability.

(3)

Upon the discharge, separation, retirement, or release of the member from the Armed Forces.

(c)

Covered benefits

The benefits on which a member of the Armed Forces and family members shall be provided comprehensive information under this section shall be as follows:

(1)

At all the times described in subsection (b), the benefits shall include the following:

(A)

Financial compensation, including financial counseling.

(B)

Health care and life insurance programs for members of the Armed Forces and their families.

(C)

Death benefits.

(D)

Entitlements and survivor benefits for dependents of the Armed Forces, including offsets in the receipt of such benefits under the Survivor Benefit Plan and in connection with the receipt of dependency and indemnity compensation.

(E)

Educational assistance benefits, including limitations on and the transferability of such assistance.

(F)

Housing assistance benefits, including counseling.

(G)

Relocation planning and preparation.

(H)

Such other benefits as the Secretary concerned considers appropriate.

(2)

At the time described in paragraph (1) of such subsection, the benefits shall include the following:

(A)

Maintaining military records.

(B)

Legal assistance.

(C)

Quality of life programs.

(D)

Family and community programs.

(E)

Such other benefits as the Secretary concerned considers appropriate.

(3)

At the times described in paragraphs (2) and (3) of such subsection, the benefits shall include the following:

(A)

Employment assistance.

(B)

Continuing Reserve Component service.

(C)

Disability benefits, including offsets in connection with the receipt of such benefits.

(D)

Benefits and services provided under laws administered by the Secretary of Veterans Affairs.

(E)

Such other benefits as the Secretary concerned considers appropriate.

(d)

Biennial notice to members of the Armed Forces on the value of pay and benefits

(1)

Biennial notice required

The Secretary of each military department shall provide to each member of the Armed Forces under the jurisdiction of such Secretary on a biennial basis notice on the value of the pay and benefits paid or provided to such member by law during the preceding year. The notice may be provided in writing or electronically, at the election of the Secretary.

(2)

Elements

Each notice provided a member under paragraph (1) shall include the following:

(A)

A statement of the estimated value of the military health care, retirement benefits, disability benefits, commissary and exchange privileges, government-provided housing, tax benefits associated with service in the Armed Forces, and special pays paid or provided the member during the preceding 24 months.

(B)

A notice regarding the death and survivor benefits, including Servicemembers' Group Life Insurance, to which the family of the member would be entitled in the event of the death of the member, and a description of any offsets that might be applicable to such benefits.

(C)

Information on other programs available to members of the Armed Forces generally, such as access to morale, welfare, and recreation (MWR) facilities, child care, and education tuition assistance, and the estimated value, if ascertainable, of the availability of such programs in the area where the member is stationed or resides.

(e)

Other outreach

(1)

In general

The Secretaries of the military departments shall, on a periodic basis, conduct outreach on the pay, benefits, and programs and services available to members of the Armed Forces by reason of service in the Armed Forces. The outreach shall be conducted pursuant to public service announcements, publications, and such other announcements through general media as will serve to disseminate the information broadly among the general public.

(2)

Internet outreach website

(A)

In general

The Secretary of Defense shall establish an Internet website for the purpose of providing the comprehensive information about the benefits and offsets described in subsection (c) to members of the Armed Forces and their families.

(B)

Contact information

The Internet website required by subparagraph (A) shall provide contact information, both telephone and e-mail, that a member of the Armed Forces and a family member of the member can use to get personalized information about the benefits and offsets described in subsection (c).

(f)

Reports

(1)

Initial report

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of the requirements of this section by the Department of Defense. Such report shall include a description of the quality and scope of available online resources that provide information about benefits for members of the Armed Forces and their families.

(2)

Records Maintained

The Secretary of Defense or the military department concerned shall maintain records that contain the number of individuals that received a briefing under this section in the previous year disaggregated by the following:

(A)

Whether the individual is a member of the Armed Forces or a family member of a member of the Armed Forces.

(B)

The Armed Force of the members.

(C)

The State or territory in which the briefing occurred.

(D)

The subject of the briefing.

H

Military voting

581.

Short title

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

582.

Findings

Congress makes the following findings:

(1)

The right to vote is a fundamental right.

(2)

Due to logistical, geographical, operational and environmental barriers, military and overseas voters are burdened by many obstacles that impact their right to vote and register to vote, the most critical of which include problems transmitting balloting materials and not being given enough time to vote.

(3)

States play an essential role in facilitating the ability of military and overseas voters to register to vote and have their ballots cast and counted, especially with respect to timing and improvement of absentee voter registration and absentee ballot procedures.

(4)

The Department of Defense educates military and overseas voters of their rights under the Uniformed and Overseas Citizens Absentee Voting Act and plays an indispensable role in facilitating the procedural channels that allow military and overseas voters to have their votes count.

(5)

The local, State, and Federal Government entities involved with getting ballots to military and overseas voters must work in conjunction to provide voter registration services and balloting materials in a secure and expeditious manner.

583.

Clarification regarding delegation of State responsibilities

A State may delegate its responsibilities in carrying out the requirements under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) imposed as a result of the provisions of and amendments made by this Act to jurisdictions of the State.

584.

Establishment of procedures for absent uniformed services voters and overseas voters To request and for states To send voter registration applications and absentee ballot applications by mail and electronically

(a)

In general

Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is amended—

(1)

in subsection (a)—

(A)

in paragraph (4), by striking and at the end;

(B)

in paragraph (5), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new paragraph:

(6)

in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures—

(A)

for absent uniformed services voters and overseas voters to request by mail and electronically voter registration applications and absentee ballot applications with respect to general, special, primary, and runoff elections for Federal office in accordance with subsection (e);

(B)

for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the absent uniformed services voter or overseas voter under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (e); and

(C)

by which the absent uniformed services voter or overseas voter can designate whether they prefer for such voter registration application or absentee ballot application to be transmitted by mail or electronically.

; and

(2)

by adding at the end the following new subsection:

(e)

Designation of means of electronic communication for absent uniformed services voters and overseas voters To request and for states To send voter registration applications and absentee ballot applications, and for other purposes related to voting information

(1)

In general

Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of electronic communication—

(A)

for use by absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(6);

(B)

for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and

(C)

for the purpose of providing related voting, balloting, and election information to absent uniformed services voters and overseas voters.

(2)

Clarification regarding provision of multiple means of electronic communication

A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to absent uniformed services voters and overseas voters, including a means of electronic communication for the appropriate jurisdiction of the State.

(3)

Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials

Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to absent uniformed services voters and overseas voters.

(4)

Availability and maintenance of online repository of State contact information

The Federal Voting Assistance Program of the Department of Defense shall maintain and make available to the public an online repository of State contact information with respect to elections for Federal office, including the single State office designated under subsection (b) and the means of electronic communication designated under paragraph (1), to be used by absent uniformed services voters and overseas voters as a resource to send voter registration applications and absentee ballot applications to the appropriate jurisdiction in the State.

(5)

Transmission if no preference indicated

In the case where an absent uniformed services voter or overseas voter does not designate a preference under subsection (a)(6)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail.

(6)

Security and privacy protections

(A)

Security protections

To the extent practicable, States shall ensure that the procedures established under subsection (a)(6) protect the security and integrity of the voter registration and absentee ballot application request processes.

(B)

Privacy protections

To the extent practicable, the procedures established under subsection (a)(6) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter who requests or is sent a voter registration application or absentee ballot application under such subsection is protected throughout the process of making such request or being sent such application.

.

(b)

Effective date

The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.

585.

Establishment of procedures for States to transmit blank absentee ballots by mail and electronically to absent uniformed services voters and overseas voters

(a)

In general

Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended by section 584, is amended—

(1)

in subsection (a)—

(A)

in paragraph (5), by striking and at the end;

(B)

in paragraph (6), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new paragraph:

(7)

in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to absent uniformed services voters and overseas voters with respect to general, special, primary, and runoff elections for Federal office in accordance with subsection (f).

; and

(2)

by adding at the end the following new subsection:

(f)

Transmission of blank absentee ballots by mail and electronically

(1)

In general

Each State shall establish procedures—

(A)

to transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the absent uniformed services voter or overseas voter under subparagraph (B)) to absent uniformed services voters and overseas voters for an election for Federal office; and

(B)

by which the absent uniformed services voter or overseas voter can designate whether they prefer for such blank absentee ballot to be transmitted by mail or electronically.

(2)

Transmission if no preference indicated

In the case where an absent uniformed services voter or overseas voter does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail.

(3)

Security and privacy protections

(A)

Security protections

To the extent practicable, States shall ensure that the procedures established under subsection (a)(7) protect the security and integrity of absentee ballots.

(B)

Privacy protections

To the extent practicable, the procedures established under subsection (a)(7) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter to whom a blank absentee ballot is transmitted under such subsection is protected throughout the process of such transmission.

.

(b)

Effective date

The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.

586.

Ensuring absent uniformed services voters and overseas voters have time to vote

(a)

In general

Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)(1)), as amended by section 585, is amended—

(1)

in subsection (a)—

(A)

in paragraph (6), by striking and at the end;

(B)

in paragraph (7), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following new paragraph:

(8)

transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter—

(A)

except as provided in subsection (g), in the case where the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and

(B)

in the case where the request is received less than 45 days before an election for Federal office—

(i)

in accordance with State law; and

(ii)

if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot.

.

(2)

by adding at the end the following new subsection:

(g)

Hardship exemption

(1)

In general

If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(8)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Presidential designee grant a waiver to the State of the application of such subsection. Such request shall include—

(A)

a recognition that the purpose of such subsection is to allow absent uniformed services voters and overseas voters enough time to vote in an election for Federal office;

(B)

an explanation of the hardship that indicates why the State is unable to transmit absent uniformed services voters and overseas voters an absentee ballot in accordance with such subsection;

(C)

the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to absent uniformed services voters and overseas voters; and

(D)

a comprehensive plan to ensure that absent uniformed services voters and overseas voters are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes—

(i)

the steps the State will undertake to ensure that absent uniformed services voters and overseas voters have time to receive, mark, and submit their ballots in time to have those ballots counted in the election;

(ii)

why the plan provides absent uniformed services voters and overseas voters sufficient time to vote as a substitute for the requirements under such subsection; and

(iii)

the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements.

(2)

Approval of waiver request

After consulting with the Attorney General, the Presidential designee shall approve a waiver request under paragraph (1) if the Presidential designee determines each of the following requirements are met:

(A)

The comprehensive plan under subparagraph (D) of such paragraph provides absent uniformed services voters and overseas voters sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office.

(B)

One or more of the following issues creates an undue hardship for the State:

(i)

The State’s primary election date prohibits the State from complying with subsection (a)(8)(A).

(ii)

The State has suffered a delay in generating ballots due to a legal contest.

(iii)

The State Constitution prohibits the State from complying with such subsection.

(3)

Timing of waiver

(A)

In general

Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) shall submit to the Presidential designee the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Presidential designee shall approve or deny the waiver request not later than 65 days before such election.

(B)

Exception

If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Presidential designee the written waiver request as soon as practicable. The Presidential designee shall approve or deny the waiver request not later than 5 business days after the date on which the request is received.

(4)

Application of waiver

A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Presidential designee shall only approve a waiver if the State has submitted a request under paragraph (1) with respect to such election.

.

(b)

Runoff elections

Section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)), as amended by subsection (a), is amended—

(1)

in paragraph (7), by striking and at the end;

(2)

in paragraph (8), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(9)

if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to absent uniformed services voters and overseas voters in manner that gives them sufficient time to vote in the runoff election.

.

(c)

Effective date

The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.

587.

Procedures for Collection and Delivery of Marked Absentee Ballots of Absent Overseas Uniformed Services Voters

(a)

In General

The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 103 the following new section:

103A.

Procedures for Collection and Delivery of Marked Absentee Ballots of Absent Overseas Uniformed Services Voters

(a)

Establishment of procedures

The Presidential designee shall establish procedures for collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for Federal office, including absentee ballots prepared by States and the Federal write-in absentee ballot prescribed under section 103, and for delivering such marked absentee ballots to the appropriate election officials.

(b)

Delivery to appropriate election officials

(1)

In general

Under the procedures established under this section, the Presidential designee shall implement procedures that facilitate the delivery of marked absentee ballots of absent overseas uniformed services voters for regularly scheduled general elections for Federal office to the appropriate election officials, in accordance with this section, not later than the date by which an absentee ballot must be received in order to be counted in the election.

(2)

Cooperation and coordination with the United States Postal Service

The Presidential designee shall carry out this section in cooperation and coordination with the United States Postal Service, and shall provide expedited mail delivery service for all such marked absentee ballots of absent uniformed services voters that are collected on or before the deadline described in paragraph (3) and then transferred to the United States Postal Service.

(3)

Deadline described

(A)

In general

Except as provided in subparagraph (B), the deadline described in this paragraph is noon (in the location in which the ballot is collected) on the seventh day preceding the date of the regularly scheduled general election for Federal office.

(B)

Authority to establish alternative deadline for certain locations

If the Presidential designee determines that the deadline described in subparagraph (A) is not sufficient to ensure timely delivery of the ballot under paragraph (1) with respect to a particular location because of remoteness or other factors, the Presidential designee may establish as an alternative deadline for that location the latest date occurring prior to the deadline described in subparagraph (A) which is sufficient to provide timely delivery of the ballot under paragraph (1).

(4)

No postage requirement

In accordance with section 3406 of title 39, United States Code, such marked absentee ballots and other balloting materials shall be carried free of postage.

(5)

Date of mailing

Such marked absentee ballots shall be postmarked with a record of the date on which the ballot is mailed.

(c)

Outreach for absent overseas uniformed services voters on procedures

The Presidential designee shall take appropriate actions to inform individuals who are anticipated to be absent overseas uniformed services voters in a regularly scheduled general election for Federal office to which this section applies of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section, including the manner in which such voters may utilize such procedures for the submittal of marked absentee ballots pursuant to this section.

(d)

Absent overseas uniformed services voter defined

In this section, the term absent overseas uniformed services voter means an overseas voter described in section 107(5)(A).

(e)

Authorization of appropriations

There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this section.

.

(b)

Conforming Amendment

Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended—

(1)

by striking and at the end of paragraph (6);

(2)

by striking the period at the end of paragraph (7) and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(8)

carry out section 103A with respect to the collection and delivery of marked absentee ballots of absent overseas uniformed services voters in elections for Federal office.

.

(c)

State responsibilities

Section 102(a) of such Act (42 U.S.C. 1973ff–1(a)), as amended by section 586, is amended—

(1)

in paragraph (8), by striking and at the end;

(2)

in paragraph (9), by striking the period at the end and inserting ; and; and

(3)

by adding the following new paragraph:

(10)

carry out section 103A(b)(1) with respect to the processing and acceptance of marked absentee ballots of absent overseas uniformed services voters.

.

(d)

Tracking marked ballots

Section 102 of such Act (42 U.S.C. 1973ff–1(a)), as amended by section 586, is amended by adding at the end the following new subsection:

(h)

Tracking marked ballots

The chief State election official, in coordination with local election jurisdictions, shall develop a free access system by which an absent uniformed services voter or overseas voter may determine whether the absentee ballot of the absent uniformed services voter or overseas voter has been received by the appropriate State election official.

.

(e)

Protecting voter privacy and secrecy of absentee ballots

Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)), as amended by subsection (b), is amended—

(1)

by striking and at the end of paragraph (7);

(2)

by striking the period at the end of paragraph (8) and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(9)

to the greatest extent practicable, take such actions as may be necessary—

(A)

to ensure that absent uniformed services voters who cast absentee ballots at locations or facilities under the jurisdiction of the Presidential designee are able to do so in a private and independent manner; and

(B)

to protect the privacy of the contents of absentee ballots cast by absentee uniformed services voters and overseas voters while such ballots are in the possession or control of the Presidential designee.

.

(f)

Effective date

The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.

588.

Federal write-in absentee ballot

(a)

Use in general, special, primary, and runoff elections for Federal office

(1)

In general

Section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–2) is amended—

(A)

in subsection (a), by striking general elections for Federal office and inserting general, special, primary, and runoff elections for Federal office;

(B)

in subsection (e), in the matter preceding paragraph (1), by striking a general election and inserting a general, special, primary, or runoff election for Federal office; and

(C)

in subsection (f), by striking the general election each place it appears and inserting the general, special, primary, or runoff election for Federal office.

(2)

Effective date

The amendments made by this subsection shall take effect on December 31, 2010, and apply with respect to elections for Federal office held on or after such date.

(b)

Promotion and expansion of use

Section 103(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–2) is amended—

(1)

by striking General.—The Presidential and inserting “General.—

(1)

Federal write-in absentee ballot

The Presidential

; and

(2)

by adding at the end the following new paragraph:

(2)

Promotion and expansion of use of Federal write-in absentee ballots

(A)

In general

Not later than December 31, 2011, the Presidential designee shall adopt procedures to promote and expand the use of the Federal write-in absentee ballot as a back-up measure to vote in elections for Federal office.

(B)

Use of technology

Under such procedures, the Presidential designee shall utilize technology to implement a system under which the absent uniformed services voter or overseas voter may—

(i)

enter the address of the voter or other information relevant in the appropriate jurisdiction of the State, and the system will generate a list of all candidates in the election for Federal office in that jurisdiction; and

(ii)

submit the marked Federal write-in absentee ballot by printing the ballot (including complete instructions for submitting the marked Federal write-in absentee ballot to the appropriate State election official and the mailing address of the single State office designated under section 102(b)).

(C)

Authorization of appropriations

There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this paragraph.

.

589.

Prohibiting refusal to accept voter registration and absentee ballot applications, marked absentee ballots, and federal write-in absentee ballots for failure to meet certain requirements

(a)

Voter Registration and Absentee Ballot Applications

Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended by section 587, is amended by adding at the end the following new subsection:

(i)

Prohibiting Refusal To Accept Applications for Failure To Meet certain Requirements

A State shall not refuse to accept and process any otherwise valid voter registration application or absentee ballot application (including the official post card form prescribed under section 101) or marked absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter solely on the basis of the following:

(1)

Notarization requirements.

(2)

Restrictions on paper type, including weight and size.

(3)

Restrictions on envelope type, including weight and size.

.

(b)

Federal Write-In Absentee Ballot

Section 103 of such Act (42 U.S.C. 1973ff–2) is amended—

(1)

by redesignating subsection (f) as subsection (g); and

(2)

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

(f)

Prohibiting Refusal To Accept Ballot for Failure To Meet certain Requirements

A State shall not refuse to accept and process any otherwise valid Federal write-in absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter solely on the basis of the following:

(1)

Notarization requirements.

(2)

Restrictions on paper type, including weight and size.

(3)

Restrictions on envelope type, including weight and size.

.

(c)

Effective date

The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.

590.

Federal Voting Assistance Program Improvements

(a)

Federal voting assistance program improvements

(1)

In general

The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended by section 587, is amended by inserting after section 103A the following new section:

103B.

Federal voting assistance program improvements

(a)

Duties

The Presidential designee shall carry out the following duties:

(1)

Develop online portals of information to inform absent uniformed services voters regarding voter registration procedures and absentee ballot procedures to be used by such voters with respect to elections for Federal office.

(2)

Establish a program to notify absent uniformed services voters of voter registration information and resources, the availability of the Federal postcard application, and the availability of the Federal write-in absentee ballot on the military Global Network, and shall use the military Global Network to notify absent uniformed services voters of the foregoing 90, 60, and 30 days prior to each election for Federal office.

(b)

Clarification regarding other duties and obligations

Nothing in this section shall relieve the Presidential designee of their duties and obligations under any directives or regulations issued by the Department of Defense, including the Department of Defense Directive 1000.04 (or any successor directive or regulation) that is not inconsistent or contradictory to the provisions of this section.

(c)

Authorization of appropriations

There are authorized to be appropriated to the Federal Voting Assistance Program of the Department of Defense (or a successor program) such sums as are necessary for purposes of carrying out this section.

.

(2)

Conforming Amendments

Section 101 of such Act (42 U.S.C. 1973ff), as amended by section 587, is amended—

(A)

in subparagraph (b)—

(i)

by striking and at the end of paragraph (8);

(ii)

by striking the period at the end of paragraph (9) and inserting ; and; and

(iii)

by adding at the end the following new paragraph:

(10)

carry out section 103B with respect to Federal Voting Assistance Program Improvements.

; and

(B)

by adding at the end the following new subsection:

(d)

Authorization of appropriations for carrying out Federal Voting Assistance Program Improvements

There are authorized to be appropriated to the Presidential designee such sums as are necessary for purposes of carrying out subsection (b)(10).

.

(b)

Voter registration assistance for absent uniformed services voters

Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended by section 589, is amended by adding at the end the following new subsection:

(j)

Voter registration assistance for absent uniformed services voters

(1)

Designating an office as a voter registration agency on each installation of the armed forces

Not later than 180 days after the date of enactment of this subsection, each Secretary of a military department shall take appropriate actions to designate an office on each installation of the Armed Forces under the jurisdiction of such Secretary (excluding any installation in a theater of combat), consistent across every installation of the department of the Secretary concerned, to provide each individual described in paragraph (3)—

(A)

written information on voter registration procedures and absentee ballot procedures (including the official post card form prescribed under section 101);

(B)

the opportunity to register to vote in an election for Federal office;

(C)

the opportunity to update the individual’s voter registration information, including clear written notice and instructions for the absent uniformed services voter to change their address by submitting the official post card form prescribed under section 101 to the appropriate State election official; and

(D)

the opportunity to request an absentee ballot under this Act.

(2)

Development of procedures

Each Secretary of a military department shall develop, in consultation with each State and the Presidential designee, the procedures necessary to provide the assistance described in paragraph (1).

(3)

Individuals described

The following individuals are described in this paragraph:

(A)

An absent uniformed services voter—

(i)

who is undergoing a permanent change of duty station;

(ii)

who is deploying overseas for at least 6 months;

(iii)

who is or returning from an overseas deployment of at least 6 months; or

(iv)

who at any time requests assistance related to voter registration.

(B)

All other absent uniformed services voters (as defined in section 107(1)).

(4)

Timing of provision of assistance

The assistance described in paragraph (1) shall be provided to an absent uniformed services voter—

(A)

described in clause (i) of paragraph (3)(A), as part of the administrative in-processing of the member upon arrival at the new duty station of the absent uniformed services voter;

(B)

described in clause (ii) of such paragraph, as part of the administrative in-processing of the member upon deployment from the home duty station of the absent uniformed services voter;

(C)

described in clause (iii) of such paragraph, as part of the administrative in-processing of the member upon return to the home duty station of the absent uniformed services voter;

(D)

described in clause (iv) of such paragraph, at any time the absent uniformed services voter requests such assistance; and

(E)

described in paragraph (3)(B), at any time the absent uniformed services voter requests such assistance.

(5)

Pay, personnel, and identification offices of the Department of Defense

The Secretary of Defense may designate pay, personnel, and identification offices of the Department of Defense for persons to apply to register to vote, update the individual’s voter registration information, and request an absentee ballot under this Act.

(6)

Treatment of offices designated as voter registration agencies

An office designated under paragraph (1) or (5) shall be considered to be a voter registration agency designated under section 7(a)(2) of the National Voter Registration Act of 1993 for all purposes of such Act.

(7)

Outreach to absent uniformed services voters

The Secretary of each military department or the Presidential designee shall take appropriate actions to inform absent uniformed services voters of the assistance available under this subsection including—

(A)

the availability of voter registration assistance at offices designated under paragraphs (1) and (5); and

(B)

the time, location, and manner in which an absent uniformed voter may utilize such assistance.

(8)

Definition of military department and Secretary concerned

In this subsection, the terms military department and Secretary concerned have the meaning given such terms in paragraphs (8) and (9), respectively, of section 101 of title 10, United States Code.

(9)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subsection.

.

(c)

Effective date

The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.

591.

Development of standards for reporting and storing certain data

(a)

In general

Section 101(b) of such Act (42 U.S.C. 1973ff(b)), as amended by section 590, is amended—

(1)

by striking and at the end of paragraph (9);

(2)

by striking the period at the end of paragraph (10) and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(11)

working with the Election Assistance Commission and the chief State election official of each State, develop standards—

(A)

for States to report data on the number of absentee ballots transmitted and received under section 102(c) and such other data as the Presidential designee determines appropriate; and

(B)

for the Presidential designee to store the data reported.

.

(b)

Conforming amendment

Section 102(a) of such Act (42 U.S.C. 1973ff–1(a)), as amended by section 587, is amended—

(1)

in paragraph (9), by striking and at the end;

(2)

in paragraph (10), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(11)

report data on the number of absentee ballots transmitted and received under section 102(c) and such other data as the Presidential designee determines appropriate in accordance with the standards developed by the Presidential designee under section 101(b)(11).

.

(c)

Effective date

The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.

592.

Repeal of provisions relating to use of single application for all subsequent elections

(a)

In general

Subsections (a) through (d) of section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–3) are repealed.

(b)

Conforming amendments

The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended—

(1)

in section 101(b)—

(A)

in paragraph (2), by striking , for use by States in accordance with section 104; and

(B)

in paragraph (4), by striking for use by States in accordance with section 104; and

(2)

in section 104, as amended by subsection (a)—

(A)

in the section heading, by striking Use of single application for all subsequent elections and inserting Prohibition of refusal of applications on grounds of early submission; and

(B)

in subsection (e), by striking (e) Prohibition of refusal of applications on grounds of early submission.—.

593.

Reporting requirements

The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 105 the following new section:

105A.

Reporting requirements

(a)

Report on status of implementation and assessment of programs

Not later than 180 days after the date of the enactment of the Military and Overseas Voter Empowerment Act, the Presidential designee shall submit to the relevant committees of Congress a report containing the following information:

(1)

The status of the implementation of the procedures established for the collection and delivery of marked absentee ballots of absent overseas uniformed services voters under section 103A, and a detailed description of the specific steps taken towards such implementation for the regularly scheduled general election for Federal office held in November 2010.

(2)

An assessment of the effectiveness of the Voting Assistance Officer Program of the Department of Defense, which shall include the following:

(A)

A thorough and complete assessment of whether the Program, as configured and implemented as of such date of enactment, is effectively assisting absent uniformed services voters in exercising their right to vote.

(B)

An inventory and explanation of any areas of voter assistance in which the Program has failed to accomplish its stated objectives and effectively assist absent uniformed services voters in exercising their right to vote.

(C)

As necessary, a detailed plan for the implementation of any new program to replace or supplement voter assistance activities required to be performed under this Act.

(3)

A detailed description of the specific steps taken towards the implementation of voter registration assistance for absent uniformed services voters under section 102(j), including the designation of offices under paragraphs (1) and (5) of such section.

(b)

Annual report on effectiveness of activities and utilization of certain procedures

Not later than March 31 of each year, the Presidential designee shall transmit to the President and to the relevant committees of Congress a report containing the following information:

(1)

An assessment of the effectiveness of activities carried out under section 103B, including the activities and actions of the Federal Voting Assistance Program of the Department of Defense, a separate assessment of voter registration and participation by absent uniformed services voters, a separate assessment of voter registration and participation by overseas voters who are not members of the uniformed services, and a description of the cooperation between States and the Federal Government in carrying out such section.

(2)

A description of the utilization of voter registration assistance under section 102(j), which shall include the following:

(A)

A description of the specific programs implemented by each military department of the Armed Forces pursuant to such section.

(B)

The number of absent uniformed services voters who utilized voter registration assistance provided under such section.

(3)

In the case of a report submitted under this subsection in the year following a year in which a regularly scheduled general election for Federal office is held, a description of the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to section 103A, which shall include the number of marked absentee ballots collected and delivered under such procedures and the number of such ballots which were not delivered by the time of the closing of the polls on the date of the election (and the reasons such ballots were not so delivered).

(c)

Definitions

In this section:

(1)

Absent overseas uniformed services voter

The term absent overseas uniformed services voter has the meaning given such term in section 103A(d).

(2)

Presidential designee

The term Presidential designee means the Presidential designee under section 101(a).

(3)

Relevant committees of congress defined

The term relevant committees of Congress means—

(A)

the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and

(B)

the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.

.

594.

Annual report on enforcement

Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973f–4) is amended—

(1)

by striking The Attorney and inserting (a) In general.—The Attorney; and

(2)

by adding at the end the following new subsection:

(b)

Report to congress

Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under subsection (a) during the preceding year.

.

595.

Requirements payments

(a)

Use of funds

Section 251(b) of the Help America Vote Act of 2002 (42 U.S.C. 15401(b)) is amended—

(1)

in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3); and

(2)

by adding at the end the following new paragraph:

(3)

Activities under Uniformed and Overseas Citizens Absentee Voting Act

A State shall use a requirements payment made using funds appropriated pursuant to the authorization under section 257(4) only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act imposed as a result of the provisions of and amendments made by the Military and Overseas Voter Empowerment Act.

.

(b)

Requirements

(1)

State plan

Section 254(a) of the Help America Vote Act of 2002 (42 U.S.C. 15404(a)) is amended by adding at the end the following new paragraph:

(14)

How the State plan will comply with the provisions and requirements of and amendments made by the Military and Overseas Voter Empowerment Act.

.

(2)

Conforming amendments

Section 253(b) of the Help America Vote Act of 2002 (42 U.S.C. 15403(b)) is amended—

(A)

in paragraph (1)(A), by striking section 254 and inserting subsection (a) of section 254 (or, in the case where a State is seeking a requirements payment made using funds appropriated pursuant to the authorization under section 257(4), paragraph (14) of section 254); and

(B)

in paragraph (2)—

(i)

by striking (2) The State and inserting (2)(A) Subject to subparagraph (B), the State; and

(ii)

by inserting after subparagraph (A), as added by clause (i), the following new subparagraph:

(B)

The requirement under subparagraph (A) shall not apply in the case of a requirements payment made using funds appropriated pursuant to the authorization under section 257(4).

.

(c)

Authorization

Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C. 15407(a)) is amended by adding at the end the following new paragraph:

(4)

For fiscal year 2010 and subsequent fiscal years, such sums as are necessary for purposes of making requirements payments to States to carry out the activities described in section 251(b)(3).

.

596.

Technology pilot program

(a)

Definitions

In this section:

(1)

Absent uniformed services voter

The term absent uniformed services voter has the meaning given such term in section 107(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.).

(2)

Overseas voter

The term overseas voter has the meaning given such term in section 107(5) of such Act.

(3)

Presidential designee

The term Presidential designee means the individual designated under section 101(a) of such Act.

(b)

Establishment

(1)

In general

The Presidential designee may establish 1 or more pilot programs under which the feasibility of new election technology is tested for the benefit of absent uniformed services voters and overseas voters claiming rights under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.).

(2)

Design and conduct

The design and conduct of a pilot program established under this subsection—

(A)

shall be at the discretion of the Presidential designee; and

(B)

shall not conflict with or substitute for existing laws, regulations, or procedures with respect to the participation of absent uniformed services voters and military voters in elections for Federal office.

(c)

Considerations

In conducting a pilot program established under subsection (b), the Presidential designee may consider the following issues:

(1)

The transmission of electronic voting material across military networks.

(2)

Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security techniques.

(3)

The transmission of ballot representations and scanned pictures in a secure manner.

(4)

Capturing, retaining, and comparing electronic and physical ballot representations.

(5)

Utilization of voting stations at military bases.

(6)

Document delivery and upload systems.

(7)

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

(d)

Reports

The Presidential designee shall submit to Congress reports on the progress and outcomes of any pilot program conducted under this subsection, together with recommendations—

(1)

for the conduct of additional pilot programs under this section; and

(2)

for such legislation and administrative action as the Presidential designee determines appropriate.

(e)

Technical assistance

(1)

In general

The Election Assistance Commission and the National Institute of Standards and Technology shall work with the Presidential designee to support the pilot program or programs established under this section through best practices or standards and in accordance with electronic absentee voting guidelines established under the first sentence of section 1604(a)(2) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1277; 42 U.S.C. 1977ff note), as amended by section 567 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1919).

(2)

Report

In the case where the Election Assistance Commission has not established electronic absentee voting guidelines under such section 1604(a)(2), as so amended, by not later than 180 days after enactment of this Act, the Election Assistance Commission shall submit to the relevant committees of Congress a report containing the following information:

(A)

The reasons such guidelines have not been established as of such date.

(B)

A detailed timeline for the establishment of such guidelines.

(C)

A detailed explanation of the Commission’s actions in establishing such guidelines since the date of enactment of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1919).

(3)

Relevant committees of congress defined

In this subsection, the term relevant committees of Congress means—

(A)

the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and

(B)

the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.

(f)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

VI

Compensation and Other Personnel Benefits

A

Pay and Allowances

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.

602.

Comptroller General of the United States comparative assessment of military and private-sector pay and benefits

(a)

Study required

The Comptroller General of the United States shall conduct a study comparing pay and benefits provided by law to members of the Armed Forces with pay and benefits provided by the private sector to comparably situated private-sector employees.

(b)

Elements

The study required by subsection (a) shall include, but not be limited to, the following:

(1)

An assessment of total military compensation for officers and for enlisted personnel, including basic pay, the basic allowance for housing (BAH), the basic allowance for subsistence (BAS), tax benefits applicable to military pay and allowances under Federal law (including the Social Security laws) and State law, military retirement benefits, commissary and exchange privileges, and military healthcare benefits.

(2)

An assessment of private-sector pay and benefits for civilians of similar age, education, and experience in like fields of officers and enlisted personnel of the Armed Forces, including pay, bonuses, employee options, fringe benefits, retirement benefits, individual retirement investment benefits, flexible spending accounts and health savings accounts, and any other elements of private-sector compensation that the Comptroller General considers appropriate.

(3)

An identification of the percentile of comparable private-sector compensation at which members of the Armed Forces are paid, including an assessment of the adequacy of percentile comparisons generally and whether the Department of Defense goal of compensating members of the Armed Forces at the 80th percentile of comparable private-sector compensation, as described in the 10th Quadrennial Review of Military Compensation, is appropriate and adequate to achieve comparability of pay between members of the Armed Forces and private-sector employees.

(c)

Report

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

603.

Increase in maximum monthly amount of supplemental subsistence allowance for low-income members with dependents

(a)

Increase in maximum monthly amount

Section 402a(a) of title 37, United States Code, is amended—

(1)

in paragraph (2), by striking $500 and inserting $1,100; and

(2)

in paragraph (3)(B), by striking $500 and inserting $1,100.

(b)

Effective date

The amendments made by subsection (a) shall take effect on October 1, 2009, and shall apply with respect to monthly supplemental subsistence allowances for low-income members with dependents payable on or after that date.

(c)

Report on elimination of reliance on supplemental nutrition assistance program To meet nutritional needs of members of the Armed Forces and their dependents

(1)

In general

Not later than September 1, 2010, the Secretary of Defense shall, in consultation with the Secretary of Agriculture, submit to the congressional defense committees a report setting forth a plan for actions to eliminate the need for members of the Armed Forces and their dependents to rely on the supplemental nutrition assistance program under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for their monthly nutritional needs.

(2)

Elements

The plan required by paragraph (1) shall address the following:

(A)

An appropriate amount or amounts for the monthly supplemental subsistence allowance for low-income members with dependents payable under section 402a of title 37, United States Code.

(B)

Such modifications, if any, to the eligibility requirements for the monthly supplemental subsistence allowance, including limitations on the maximum size of the household of a member for purposes of eligibility for the allowance, as the Secretary of Defense considers appropriate.

(C)

The advisability of requiring members of the Armed Forces to apply for the monthly supplemental subsistence allowance before seeking assistance under the supplemental nutrition assistance program.

(D)

Such other matters as the Secretary of Defense considers appropriate.

604.

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

(a)

In general

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

(b)

Benefits

The benefits specified in this subsection are the following:

(1)

In the case of an individual who is a former member of the Armed Forces at the time of the provision of benefits under this section, payment of an amount not to exceed $200 for each day the individual would have qualified for a day of administrative absence as described in subsection (a) during the period specified in that subsection.

(2)

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

(c)

Exclusion of certain former members

A former member of the Armed Forces is not eligible under this section for the benefits specified in subsection (b)(1) if the former member was discharged or released from the Armed Forces under other than honorable conditions.

(d)

Maximum number of days of benefits providable

The number of days of benefits providable to a member or former member of the Armed Forces under this section may not exceed 40 days of benefits.

(e)

Form of payment

The paid benefits providable under subsection (b) may be paid in a lump sum or installments, at the election of the Secretary concerned.

(f)

Construction with other pay and leave

The benefits provided a member or former member of the Armed Forces under this section are in addition to any other pay, absence, or leave provided by law.

(g)

Definitions

In this section:

(1)

The term Post-Deployment/Mobilization Respite Absence program means the program of a military department to provide days of administrative absence not chargeable against available leave to certain deployed or mobilized members of the Armed Forces in order to assist such members in reintegrating into civilian life after deployment or mobilization.

(2)

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

(h)

Termination

(1)

In general

The authority to provide benefits under this section shall expire on the date that is one year after the date of the enactment of this Act.

(2)

Construction

Expiration under this subsection of the authority to provide benefits under this section shall not affect the utilization of any day of administrative absence provided a member of the Armed Forces under subsection (b)(2), or the payment of any payment authorized a member or former member of the Armed Forces under subsection (b), before the expiration of the authority in this section.

B

Bonuses and Special and Incentive Pays

611.

Extension of certain bonus and special pay authorities for Reserve forces

(a)

Selected Reserve Reenlistment Bonus

Section 308b(g) of title 37, United States Code, is amended by striking December 31, 2009 and inserting December 31, 2010.

(b)

Selected Reserve Affiliation or Enlistment Bonus

Section 308c(i) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(c)

Special Pay for Enlisted Members Assigned to Certain High Priority Units

Section 308d(c) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(d)

Ready Reserve Enlistment Bonus for Persons Without Prior Service

Section 308g(f)(2) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(e)

Ready Reserve Enlistment and Reenlistment Bonus for Persons With Prior Service

Section 308h(e) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(f)

Selected Reserve Enlistment Bonus for Persons With Prior Service

Section 308i(f) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(g)

Income replacement payments

Section 910(g) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

612.

Extension of certain bonus and special pay authorities for health care professionals

(a)

Nurse Officer Candidate Accession Program

Section 2130a(a)(1) of title 10, United States Code, is amended by striking December 31, 2009 and inserting December 31, 2010.

(b)

Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve

Section 16302(d) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(c)

Accession and retention bonuses for psychologists

Section 302c-1(f) of title 37, United States Code, is amended by striking December 31, 2009 and inserting December 31, 2010.

(d)

Accession Bonus for Registered Nurses

Section 302d(a)(1) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(e)

Incentive Special Pay for Nurse Anesthetists

Section 302e(a)(1) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(f)

Special Pay for Selected Reserve Health Professionals in Critically Short Wartime Specialties

Section 302g(e) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(g)

Accession Bonus for Dental Officers

Section 302h(a)(1) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(h)

Accession Bonus for Pharmacy Officers

Section 302j(a) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(i)

Accession Bonus for Medical Officers in Critically Short Wartime Specialties

Section 302k(f) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(j)

Accession Bonus for Dental Specialist Officers in Critically Short Wartime Specialties

Section 302l(g) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

613.

Extension of special pay and bonus authorities for nuclear officers

(a)

Special Pay for Nuclear-Qualified Officers Extending Period of Active Service

Section 312(f) of title 37, United States Code, is amended by striking December 31, 2009 and inserting December 31, 2010.

(b)

Nuclear Career Accession Bonus

Section 312b(c) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(c)

Nuclear Career Annual Incentive Bonus

Section 312c(d) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

614.

Extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities

(a)

General bonus authority for enlisted members

Section 331(h) of title 37, United States Code, is amended by striking December 31, 2009 and inserting December 31, 2010.

(b)

General bonus authority for officers

Section 332(g) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(c)

Special bonus and incentive pay authorities for nuclear officers

Section 333(i) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(d)

Special aviation incentive pay and bonus authorities

Section 334(i) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(e)

Special health professions incentive pay and bonus authorities

Section 335(k) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(f)

Hazardous duty pay

Section 351(i) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(g)

Assignment pay or special duty pay

Section 352(g) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(h)

Skill incentive pay or proficiency bonus

Section 353(j) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(i)

Retention Bonus for Members With Critical Military Skills or Assigned to High Priority Units

Section 355(i) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

615.

Extension of authorities relating to payment of other title 37 bonuses and special pays

(a)

Aviation Officer Retention Bonus

Section 301b(a) of title 37, United States Code, is amended by striking December 31, 2009 and inserting December 31, 2010.

(b)

Assignment incentive pay

Section 307a(g) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(c)

Reenlistment Bonus for Active Members

Section 308(g) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(d)

Enlistment Bonus

Section 309(e) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(e)

Accession Bonus for New Officers in Critical Skills

Section 324(g) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(f)

Incentive Bonus for Conversion to Military Occupational Specialty to Ease Personnel Shortage

Section 326(g) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(g)

Incentive bonus for transfer between armed forces

Section 327(h) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

(h)

Accession Bonus for Officer Candidates

Section 330(f) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

616.

Extension of authorities relating to payment of referral bonuses

(a)

Health professions referral bonus

Section 1030(i) of title 10, United States Code, is amended by striking December 31, 2009 and inserting December 31, 2010.

(b)

Army referral bonus

Section 3252(h) of such title is amended by striking December 31, 2009 and inserting December 31, 2010.

617.

Special compensation for members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living

(a)

In general

Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section:

439.

Special compensation: members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living

(a)

Monthly compensation

The Secretary concerned may pay to any member of the uniformed services described in subsection (b) monthly special compensation in an amount determined under subsection (c).

(b)

Covered members

A member eligible for monthly special compensation authorized by subsection (a) is a member who—

(1)

has been certified by a licensed physician to be in need of assistance from another person to perform the personal functions required in everyday living;

(2)

has a serious injury, disorder, or disease of either a temporary or permanent nature that—

(A)

is incurred or aggravated in the line of duty; and

(B)

compromises the member's ability to carry out one or more activities of daily living or requires the member to be constantly supervised to avoid physical harm to the member or to others; and

(3)

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

(c)

Amount

(1)

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

(2)

In determining the amount of monthly special compensation, the Secretary concerned shall consider the following:

(A)

The extent to which home health care and related services are being provided by the Government.

(B)

The extent to which aid and attendance services are being provided by family and friends who may be compensated with funds provided through the monthly special compensation.

(d)

Payment until medical retirement

Monthly special compensation is payable under this section to a member described in subsection (b) for any month that begins before the date on which the member is medically retired.

(e)

Construction with other pay and allowances

Monthly special compensation payable to a member under this section is in addition to any other pay and allowances payable to the member by law.

(f)

Benefit information

The Secretary of Defense, in collaboration with the Secretary of Veterans Affairs, shall ensure that members of the uniformed services who may be eligible for compensation under this section are made aware of the availability of such compensation by including information about such compensation in written and online materials for such members and their families.

(g)

Regulations

The Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) shall prescribe regulations to carry out this section.

.

(b)

Report to Congress

(1)

In general

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

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

An estimate of the number of members of the uniformed services eligible for compensation under such section 439.

(B)

The number of members of the uniformed services receiving compensation under such section.

(C)

The average amount of compensation provided to members of the uniformed services receiving such compensation.

(D)

The average amount of time required for a member of the uniformed services to receive such compensation after the member becomes eligible for the compensation.

(E)

A summary of the types of injuries, disorders, and diseases of members of the uniformed services receiving such compensation that made such members eligible for such compensation.

(c)

Clerical amendment

The table of sections at the beginning of chapter 7 of such title is amended by adding at the end the following new item:

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

.

618.

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

(a)

Special pay authorized

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

(b)

Covered members

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

(c)

Amount

The amount of monthly special pay payable to a member under this section for a month may not exceed $500.

(d)

Construction with other pays

Monthly special pay payable to a member under this section is in addition to any other amounts payable to the member by law.

C

Travel and Transportation Allowances

631.

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

(a)

Authority To provide travel to designated individuals

Subsection (a) of section 411h of title 37, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by striking family members of a member described in paragraph (2) and inserting individuals who, with respect to a member described in paragraph (2), are designated individuals for that member;

(B)

by striking that the presence of the family member and inserting , with respect to any such individual, that the presence of such individual; and

(C)

by striking of family members and inserting of designated individuals; and

(2)

by adding at the end the following new paragraph:

(4)

In the case of a designated individual who is also a member of the uniformed services, that member may be provided travel and transportation under this section in the same manner as a designated individual who is not a member.

.

(b)

Definition of designated individual

(1)

In general

Paragraph (1) of subsection (b) of such section is amended by striking the term and all that follows and inserting

the term designated individual, with respect to a member, means—

(A)

an individual designated by the member for the purposes of this section; or

(B)

in the case of a member who has not made a designation under subparagraph (A) and, as determined by the attending physician or surgeon, is not able to make such a designation, an individual who, as designated by the attending physician or surgeon and the commander or head of the military medical facility exercising control over the member, is someone with a personal relationship to the member whose presence may aid and support the health and welfare of the member during the duration of the member’s inpatient treatment.

.

(2)

Designations not permanent

Paragraph (2) of such subsection is amended to read as follows:

(2)

The designation of an individual as a designated individual for purposes of this section may be changed at any time.

.

(c)

Coverage of members hospitalized outside the United States who were wounded or injured in a combat operation or combat zone

(1)

Coverage for hospitalization outside the united states

Subparagraph (B) of section (a)(2) of such section is amended—

(A)

in clause (i), by striking in or outside the United States; and

(B)

in clause (ii), by striking in the United States.

(2)

Clarification of members covered

Such subparagraph is further amended—

(A)

in clause (i), by inserting seriously wounded, after (i) is; and

(B)

in clause (ii)—

(i)

by striking an injury and inserting a wound or an injury; and

(ii)

by striking that injury and inserting that wound or injury.

(d)

Coverage of members with serious mental disorders

(1)

In general

Subsection (a)(2)(B)(i) of such section, as amended by subsection (c) of this section, is further amended by inserting (including having a serious mental disorder) after seriously injured.

(2)

Serious mental disorder defined

Subsection (b) of such section 411h, as amended by subsection (b) of this section, is further amended by adding at the end the following new paragraph:

(4)
(A)

In this section, the term serious mental disorder, in the case of a member, means that the member has been diagnosed with a mental disorder that requires intensive mental health treatment or hospitalization.

(B)

The circumstances in which a member shall be considered to have a serious mental disorder for purposes of this section shall include, but not be limited to, the following:

(i)

The member is considered to be a potential danger to self or others as a result of a diagnosed mental disorder that requires intensive mental health treatment or hospitalization.

(ii)

The member is diagnosed with a mental disorder and has psychotic symptoms that require intensive mental health treatment or hospitalization.

(iii)

The member is diagnosed with a mental disorder and has severe symptoms or severe impairment in functioning that require intensive mental health treatment or hospitalization.

.

(e)

Frequency of authorized travel

Paragraph (3) of subsection (a) of such section 411h is amended to read as follows:

(3)

Not more than a total of three roundtrips may be provided under paragraph (1) in any 60-day period at Government expense to the individuals who, with respect to a member, are the designated individuals of that member in effect during that period. However, if the Secretary concerned has granted a waiver under the second sentence of paragraph (1) with respect to a member, then for any 60-day period in which the waiver is in effect the limitation in the preceding sentence shall be adjusted accordingly. In addition, during any period during which there is in effect a non-medical attendant designation for a member under section 411h–1 of this title, not more than a total of two roundtrips may be provided under paragraph (1) in any 60-day period at Government expense until there no longer is a designation of a non-medical attendant or that designation transfers to another individual, in which case during the transfer period three roundtrip tickets may be provided.

.

(f)

Stylistic and conforming amendments

Such section is further amended—

(1)

in subsection (a), by striking (a)(1) and inserting (a) Travel and transportation authorized.—(1);

(2)

in subsection (b)—

(A)

by striking (b)(1) and inserting (b) Definitions.—(1); and

(B)

in paragraph (3)—

(i)

by inserting (A) after (3); and

(ii)

by adding at the end the following new subparagraph:

(B)

In this paragraph, the term family member, with respect to a member, means the following:

(i)

The member's spouse.

(ii)

Children of the member (including stepchildren, adopted children, and illegitimate children).

(iii)

Parents of the member or persons in loco parentis to the member, including fathers and mothers through adoption and persons who stood in loco parentis to the member for a period not less than one year immediately before the member entered the uniformed service, except that only one father and one mother or their counterparts in loco parentis may be recognized in any one case.

(iv)

Siblings of the member.

(v)

A person related to the member as described in clause (i), (ii), (iii), or (iv) who is also a member of the uniformed services.

;

(3)

in subsection (c)—

(A)

by striking (c)(1) and inserting (c) Round trip transportation and per diem allowance.—(1); and

(B)

in paragraph (1), by striking family member and inserting designated individual; and

(4)

in subsection (d), by striking (d)(1) and inserting (d) Method of transportation authorized.—(1).

(g)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

411h.

Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury

.

(2)

Table of sections

The item relating to such section in the table of sections at the beginning of chapter 7 of such title is amended to read as follows: