S.1390 - National Defense Authorization Act for Fiscal Year 2010111th Congress (2009-2010)
|Sponsor:||Sen. Levin, Carl [D-MI] (Introduced 07/02/2009)|
|Committees:||Senate - Armed Services|
|Committee Reports:||S. Rept. 111-35|
|Latest Action:||07/28/2009 Held at the desk.|
|Major Recorded Votes:||07/23/2009 : Passed Senate|
|Notes:||For further action, see H.R.2647, which became Public Law 111-84 on 10/28/2009.|
This bill has the status Passed Senate
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Summary: S.1390 — 111th Congress (2009-2010)All Bill Information (Except Text)
Passed Senate amended (07/23/2009)
National Defense Authorization Act for Fiscal Year 2010 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2010 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement.
(Sec. 104) Authorizes appropriations for FY2010 for defense-wide procurement.
(Sec. 105) Provides that the amounts authorized under this Subtitle shall be available for programs, projects, and activities in the amounts specified in the funding table provided in Division D of this Act.
(Sec. 106) Decreases by $1.75 billion the amount authorized for Air Force procurement, to be derived from amounts available for F-22A aircraft procurement. Increases by specified amounts (for a total of $1.75 billion) the amounts authorized for: (1) operation and maintenance (O&M) for the Army, Navy, Air Force, and defense-wide; (2) military personnel; and (3) the Department of Defense (DOD) by Divisions A and B.
Subtitle B: Navy Programs - (Sec. 111) Treats the Littoral Combat Ship program as a major defense acquisition program (MDAP) for purposes of MDAP cost and schedule reporting requirements.
(Sec. 112) Directs the Secretary of the Navy to submit to the congressional defense and appropriations committees the Navy's strategic plan for homeporting the Littoral Combat Ship on the east and west coasts of the United States.
(Sec. 113) Prohibits the Secretary of the Navy from obligating or expending funds for construction of, or advance procurement of materials for, a surface combatant vessel to be constructed after FY2011 until such Secretary has submitted certain information and materials to Congress, including: (1) an acquisition strategy for such vessels; (2) the results of acquisition strategy reviews conducted by the Joint Requirements Oversight Council (JROC); and (3) an intelligence analysis reflecting a coordinated threat assessment by the Defense Intelligence Agency (DIA). Requires such Secretary to: (1) submit to the defense and appropriations committees a future surface combatant acquisition strategy and an update to a previous report on naval surface fire support; and (2) 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.
(Sec. 114) Directs the Secretary of the Navy to submit to the defense and appropriations committees a detailed analysis of a service-life extension program for the Oliver Hazard Perry class frigates, as well as related strategic plans.
(Sec. 115) Requires the Secretary of the Navy to ensure the competition, or option of competition, for steam turbines in connection with the Ohio-class submarine replacement program under the Weapons Systems Acquisition Reform Act of 2009.
Subtitle C: Air Force Matters - (Sec. 121) Prohibits the Secretary of the Air Force from proceeding with a decision to retire C-5A aircraft in any number that would reduce the total active inventory of such aircraft below 111 until: (1) the Air Force has modified a C-5A aircraft to a specified configuration; and (2) the Director of Operational Test and Evaluation of the Department of Defense (DOD) has conducted, and provides to the defense and appropriations committees, an operational assessment of that aircraft. Provides additional limitations on the retirement of such aircraft, and requires an additional report from such Secretary on the rationale for the retirement of existing C-5A aircraft. Requires such Secretary to maintain any retired C-5A aircraft in Type 1000 storage until opportunities for their transfer have been fully exhausted.
(Sec. 122) Repeals provisions of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) allowing certain funds to be used (with limitations) for the advance procurement of F-22A fighter aircraft. Authorizes the Secretary of the Air Force to use funds appropriated for such purpose for FY2009 for other modernization priorities relating to such aircraft.
(Sec. 123) Requires a report from the Secretary of Defense (Secretary) to the defense, appropriations, and foreign relations committees on potential foreign military sales of the F-22A fighter aircraft.
(Sec. 124) States as the policy of the United States to support a development program for next generation bomber aircraft technologies.
(Sec. 125) Directs the Secretary of the Air Force to submit to the defense and appropriations committees an assessment of the reduction in service life of AC-130 gunships as a result of accelerated deployments anticipated during the seven- to ten-year period beginning on the date of enactment of this Act. Requires such Secretary to: (1) conduct an analysis of alternatives for any gunship modernization requirements identified by the 2009 quadrennial defense review; and (2) report analysis results to the defense and appropriations committees within 18 months after completion of the 2009 review.
(Sec. 126) Directs the Secretary of the Air Force to report to the defense and appropriations committees on replacing the engines of E-8C joint surveillance and target attack radar system aircraft.
Subtitle D: Joint and Multiservice Matters - (Sec. 131) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2006 to revise data link utilization requirements of tactical unmanned aerial vehicles.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2010 for DOD for research, development, test, and evaluation (RDT&E).
Provides that the amounts authorized under this Subtitle shall be available for programs, projects, and activities in the amounts specified in the funding table provided in Division D of this Act.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Prohibits any funds from this Act from being obligated or expended for the development or procurement of an alternate propulsion system for the F-35 Joint Strike Fighter program until the Secretary provides a certification to the defense and appropriations committees with respect to the development and procurement of such alternate system.
Increases the amount authorized for Navy aircraft procurement under this Act, to be allocated to amounts available for the procurement of UH-1Y/AH-1Z rotary wing aircraft. Authorizes appropriations (with corresponding offsets) for RDT&E for the Navy and Air Force, to be allocated for Joint Strike Fighter program management reserves.
(Sec. 212) Requires the Director of the Department of Defense Test Resource Management Center 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, and to provide advice on the impact of such changes. Requires the Director to have access to appropriate records and data in order to carry out such duties.
(Sec. 213) Directs the Secretary to issue guidance on the specification by the military departments and defense agencies of amounts to be requested for funding for each facility and resource of the Major Range and Test Facility Base in connection with: (1) operation; (2) sustainment; (3) investment and modernization; (4) government personnel; and (5) contractor personnel.
(Sec. 214) Establishes in DOD the Joint Defense Manufacturing Technology Panel to conduct joint planning and develop joint strategies for the DOD manufacturing technology program.
(Sec. 215) Prohibits the obligation or expenditure of funds to a military department for monitoring or analyzing the research activities and capabilities of foreign nations until the Director of Defense Research and Engineering has certified to the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) that such military department has provided appropriate information and assistance consistent with the purposes of the Global Research Watch program. Extends such program through FY2015.
(Sec. 216) Extends through FY2013 DOD authority to award prizes for advanced technology achievements.
(Sec. 217) Amends the NDAA for Fiscal Year 2000 to express the sense of Congress that it should be an objective of the Secretary to increase the budget for the defense science and technology program for each fiscal year after 2010 by at least the current rate of inflation. Outlines actions following failure to comply with such a funding increase in a fiscal year. Terminates such requirement at the end of 2014.
(Sec. 218) Directs the Secretary to: (1) carry out separate programs for the development, test, and fielding of an operationally effective, suitable, and affordable next generation ground combat vehicle and self-propelled howitzer capability for the Army; (2) submit to the defense and appropriations committees a strategy and plan for the acquisition of weapon systems under such programs; and (3) report annually to such committees on the investments proposed to be made under each budget with respect to each program.
(Sec. 219) Requires the: (1) Director of Defense Research and Engineering to review and assess the technological maturity and integration risk of critical technologies of Army modernization programs and appropriate associated programs; and (2) Secretary to report to the defense and appropriations committees on such maturity and risk.
(Sec. 220) Directs the: (1) Secretary to contract for 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 DOD; and (2) contracted entity to report to the Secretary and the defense and appropriations committees on such assessment.
(Sec. 221) Requires the: (1) Secretary to carry out a program to encourage and fund systems engineering and prototyping efforts in support of DOD goals and missions; and (2) Under Secretary to report annually to the defense and appropriations committees on activities carried out under the program. Provides for the selection and funding of projects carried out under such program.
Subtitle C: Missile Defense Programs - (Sec. 241) Expresses the sense of Congress that: (1) the United States should develop, test, field, and maintain ballistic missile defense (BMD) systems capable of defending the United States, its forces, 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 should be determined based on ballistic missile threats and a determination by the appropriate military officials of the requirements needed to address those threats; (3) the test and evaluation program for such systems should be rigorous, robust, and capable of providing a high level of confidence in the capability of such systems; and (4) adequate resources should be made available for that test and evaluation program.
(Sec. 242) Directs: (1) the Secretary to establish a plan for the developmental and operational testing and evaluation of the BMD system and its various elements; (2) that the plan should cover the period covered by the future-years defense program submitted to Congress for FY2011; and (3) the Secretary to report to the defense and appropriations committees on such plan and elements. Requires additional information in such report concerning test and evaluation activities pertaining to the Ground-based Midcourse Defense (GMD) element of the BMD system.
(Sec. 243) Expresses the sense of Congress that the GMD element, its force structure, and its test and evaluation program should have the same characteristics as expressed for the BMD systems in section 241, above. Requires the Secretary to: (1) assess the GMD and its future options; (2) report assessment results to the defense and appropriations committees; (3) establish a plan for the GMD that covers the period covered by the future-years defense program submitted to Congress for FY2011; and (4) report to such committees on the plan established. Directs the Comptroller General (CG) to review the Secretary's assessment and report, and report results to such committees.
(Sec. 244) Requires the Secretary to submit to the defense and appropriations committees potential options for BMD cooperation among or between the United States, the North Atlantic Treaty Organization (NATO), and the Russian Federation.
(Sec. 245) Directs the Secretary to ensure that the Missile Defense Agency (MDA) does not allow a break in production of the ground-based interceptor missile until DOD has: (1) completed the Missile Defense Review; and (2) determined the number of such missiles that will be necessary to support the service life of the GMD element of the BMD system.
Provides limitations with respect to decommissioning and the disposition of operational silos at Missile Fields 1 and 2 at Fort Greely, Alaska.
(Sec. 246) Expresses the sense of the Senate that: (1) the U.S. government should continue developing and planning for the proposed deployment of elements of a GMD system in the Czech Republic and in Poland, consistent with the Hunter Act; (2) the United States should work with its NATO allies to explore options and architectures to provide missile defenses for Europe and the United States against current and future Iranian ballistic missile capabilities; (3) any alternative BMD system for Europe against such threat should be at least as capable as the proposed European deployment of the GMD system; and (4) any missile defense capabilities deployed in Europe should be interoperable with U.S. and NATO missile defense systems. Earmarks specified FY2009-FY2010 MDA funds for the RDT&E of a midcourse radar element of the GMD system in the Czech Republic and the proposed long-range missile defense interceptor site element of such system in Poland, as well as related RDT&E against Iranian ballistic missiles of all ranges.
(Sec. 247) Amends the Hunter Act to extend, until March 1, 2011, the deadline for submission of the study by the National Academy of Sciences on the boost-phase missile defense system.
Subtitle D: Other Matters - (Sec. 251) Amends the NDAA for Fiscal Year 1997 to repeal the requirement for a biennial joint warfighting science and technology plan.
(Sec. 252) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to require the Under Secretary to submit annually to the National Science and Technology Council specified information concerning the defense nanotechnology research and development program, and requires such information to be included in an annual report submitted by such Council.
(Sec. 253) Directs the Assistant Secretary of the Army for Acquisition, Logistics, and Technology to: (1) conduct a comparative evaluation of extended range modular sniper rifle systems; and (2) report evaluation results to the defense committees.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2010 for O&M for the Armed Forces and specified activities and agencies of DOD.
Provides that the amounts authorized under this Subtitle shall be available for programs, projects, and activities in the amounts specified in the funding table provided in Division D of this Act.
Subtitle B: Environmental Provisions - (Sec. 311) Authorizes the Secretary to reimburse the Environmental Protection Agency (EPA) for certain environmental cleanup costs in connection with ordnance and explosive safety hazards at the former Nansemond Ordnance Depot Site in Suffolk, Virginia.
Subtitle C: Workplace and Depot Issues - (Sec. 321) Revises generally provisions concerning the authority of Army industrial facilities to engage in cooperative activities with non-Army entities.
(Sec. 322) Directs the Secretary to submit to the defense and appropriations committees a 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. Requires the CG to submit to such committees an assessment of: (1) the Secretary's plan; and (2) the extent to which such plan has been implemented by each military department and the Defense Logistics Agency.
(Sec. 323) Provides a moratorium on the initiation of public-private competitions under Office of Management and Budget (OMB) Circular A-76 (regarding the conversion to contractor performance of functions performed by DOD civilian employees), beginning from the date of enactment of this Act until the Secretary certifies to Congress that DOD has developed an inventory of activities performed for DOD by service contractors, and that such inventory has been submitted to Congress.
(Sec. 323A) Prohibits any function currently performed by DOD civilian employees (current law prohibits any function currently performed by 10 or more DOD civilian employees) from being converted to performance by a contractor unless specific conversion requirements are met.
(Sec. 323B) Prohibits the duration of a public-private competition for any DOD function performed by DOD civilian employees from exceeding 30 months with respect to a single formation activity, and 36 months with respect to a multi-formation activity, such periods to exclude any period during which the competition is delayed by reason of a protest before the Government Accountability Office (GAO) or the U.S. Court of Federal Claims.
(Sec. 323C) Requires: (1) any DOD public-private competition that exceeds established time limits to be reviewed by the Secretary and considered for termination; and (2) that, if the Secretary does not terminate the competition, the Secretary must report to Congress the reasons therefor.
(Sec. 324) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 to extend the Arsenal Support Program Initiative through FY2011.
(Sec. 325) Revises the due date of an annual report from the Secretary to Congress on the percentage of depot-level maintenance funds expended for the performance of depot-level maintenance and repair workloads by the public and private sectors.
Subtitle D: Energy Provisions - (Sec. 331) Requires the Secretary to: (1) develop a plan for identifying and addressing areas in which the electricity needed to carry out critical missions on DOD installations is vulnerable to disruption; and (2) work with non-DOD entities to develop regulations or other mechanisms to address such vulnerability.
(Sec. 332) Amends the NDAA for Fiscal Year 2002 to: (1) require additional information in an annual report from the Secretary to the defense and appropriations committees on progress made toward achieving DOD energy efficiency goals; and (2) extend such report requirement through 2020.
(Sec. 333) Directs the Secretary of the Air Force to continue the Air Force alternative aviation fuel initiatives with specified goals, including using a synthetic fuel blend by early 2011 and acquiring 50% of its aviation fuel requirement from alternative or synthetic fuels by the end of 2016. Allows such Secretary to adjust the latter goal after determining, and notifying the defense and appropriations committees, that it would not be practicable or in the best interests of the Air Force. Requires an annual report from the Secretary of Defense to Congress on the progress of the alternative aviation fuel initiative program.
Directs the: (1) Secretaries of the Army and Navy to each report to Congress on goals and progress to research, test, and certify the use of alternative fuels in their respective aircraft fleets; (2) Defense Science Board to report to the Secretary on the feasibility and advisability of achieving the Air Force fuel goals; and (3) Secretary to forward the Board's report to Congress, together with comments and recommendations.
(Sec. 334) Earmarks specified DOD O&M funds for the Director of Operational Energy Plans and Programs.
(Sec. 335) Authorizes the Secretary, the military department Secretaries, the heads of the defense agencies, and the heads of other DOD instrumentalities 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: (1) an electric utility; (2) an independent system operator; (3) a state agency; or (4) a third-party entity implementing such a program on behalf of any such utility, operator, or agency. Provides for the deposit and use of financial incentives received from any such party.
Subtitle E: Reports - (Sec. 341) Requires the Secretary to: (1) contract with a federally funded research and development center to conduct a study on the current and planned modularity structures of the Army; and (2) report study results to the defense and appropriations committees.
(Sec. 342) Amends the Stump Act to require certain annual reports under such Act to include information on constraints on the use of military lands caused by vegetation and overgrowth, as well as a plan to address such constraints.
(Sec. 343) Directs the Secretary to report to Congress on the status of the Air National Guard and Air Force Reserve, including their readiness to meet requirements of the Air Force, the combatant commands, and homeland defense.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2010.
(Sec. 402) Authorizes the Secretary, for each of FY2010-FY2012, to establish the active-duty end strength for the Army up to the FY2010 baseline plus 30,000, in order to increase dwell time for active-duty members, support operational missions, or achieve reorganizational objectives.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2010 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2010 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2010 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2010.
(Sec. 416) Requires a report from the Secretary of the Army to the defense and appropriations committees assessing the establishment within the Army National Guard of a trainees, transients, holdees, and students account within the Army National Guard.
(Sec. 417) Authorizes the Secretary to increase by up to 2% the end strengths of the Selected Reserve of a reserve component upon a determination by the Secretary of the military department concerned (Secretary concerned) that such action would enhance manning and readiness in essential units or in critical specialties or ratings.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2010 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - (Sec. 501) Revises federal active-duty general and flag officer distributions and authorized end strengths to conform with changes made under the Hunter Act.
(Sec. 502) Makes federal report requirements concerning joint officer management consistent with DOD joint programs and policies. Repeals the requirement of: (1) a report on the joint qualifications of critical occupational specialty officers; and (2) the analysis of assignments of officers after their designation as joint qualified officers.
(Sec. 503) Requires an officer serving as Legal Counsel to the Chairman of the Joint Chiefs of Staff to be appointed in the regular grade of brigadier general or rear admiral (lower half). (Current law requires such grade while serving in such position).
(Sec. 504) Establishes the positions of Chief and Deputy Chief of Chaplains of the Air Force. Requires the Chief to be appointed in the grade of major general, and the Deputy Chief to be appointed in the grade of brigadier general. Provides a three-year term for such positions.
Subtitle B: Reserve Component Management - (Sec. 511) Requires a report from the Secretary to the defense committees on duties and requirements of National Guard non-dual status technicians.
Subtitle C: Education and Training - (Sec. 521) Allows medical students attending the Uniformed Services University of the Health Sciences (USUHS), as well as students participating in the Armed Forces Health Professions Scholarship and Financial Assistance program, upon meeting appropriate commissioned service experience, to be promoted to first lieutenant or lieutenant (junior grade). Provides the active-duty basic pay of an officer detailed as a student at a medical school.
(Sec. 522) Authorizes for appointment as members of the Board of Regents of the USUHS individuals with experience in higher education administration and public policy.
(Sec. 523) Authorizes the Secretary of each military department to detail officers as students at accredited schools of psychology in the United States for training leading to a degree of Doctor of Philosophy in clinical psychology. Prohibits more than 25 officers from each military department from commencing such training in a fiscal year. Requires such an officer to serve on active duty for two years for each year of such training.
(Sec. 524) Authorizes the Secretary of the Air Force to establish a corporation to support the athletic programs of the Air Force Academy. Establishes a corporation Board of Directors.
Subtitle D: Defense Dependents' Education Matters - (Sec. 531) Earmarks specified DOD O&M funds for assistance to local educational agencies (LEAs) for schools with significant enrollments of dependents of members of the Armed Forces and DOD civilian employees, and schools with enrollment changes due to base closures, force structure changes, or force relocations.
(Sec. 532) Earmarks specified DOD O&M funds for impact aid for children with severe disabilities.
(Sec. 533) Amends the NDAA for Fiscal Year 2006 to extend through FY2012 DOD authority to assist Leas with enrollment changes due to base closures, force structure changes, or force relocations.
(Sec. 534) Amends the Defense Dependents' Education Act of 1978 to make permanent the authority for the enrollment in the defense dependents' education system of dependents of foreign military personnel assigned to the Supreme Headquarters Allied Powers, Europe.
(Sec. 535) Directs the Secretary to: (1) study options for educational opportunities for dependent children of members of the Armed Forces who do not attend defense dependents' schools; and (2) report study results to the defense committees.
(Sec. 536) Expresses the sense of the Senate: (1) expressing strong support and commendation for the 22 named states that have successfully enacted the Interstate Compact on Educational Opportunity for Military Children; (2) encouraging the remaining states to enact the Compact; (3) recognizing the importance of Compact components; and (4) expressing strong support for states to develop a State Council to coordinate participation in the Compact of government, Leas, and military installations in their states.
(Sec. 537) Directs the CG to: (1) conduct an audit of the utilization by LEAs of assistance provided under prior defense authorization Acts for dependent children of military personnel; and (2) report audit results to the defense and appropriations committees.
(Sec. 538) Authorizes the Secretary to extend eligibility for enrollment in DOD elementary and secondary schools to the dependents of: (1) a member of a foreign armed force residing on a military installation in the United States or its territories or possessions; and (2) a deceased member of the Armed Forces who died in the line of duty in a combat-related operation.
Subtitle E: Military Justice and Legal Assistance Matters - (Sec. 541) Establishes an independent panel to review Navy judge advocate requirements, and report review results to the defense committees.
Subtitle F: Military Family Readiness Matters - (Sec. 551) Requires inclusion on the Department of Defense Military Family Readiness Council of one representative from the National Guard and one representative from a reserve component.
(Sec. 552) Directs the Secretary to: (1) conduct a comprehensive review and assessment of DOD programs and activities for the prevention, diagnosis, and treatment of substance abuse disorders in members, as well as DOD policies relating to the disposition of substance abuse offenders in the Armed Forces; (2) report findings and recommendations to the defense committees; and (3) submit to the defense and appropriations committees a plan for the improvement and enhancement of such programs, activities, and policies. Requires such plan to include a comprehensive DOD statement of policy, mechanisms to ensure the availability of services and treatment as well as the prevention and reduction of substance abuse disorders, and specific instructions on the prevention, reduction, and treatment of such disorders in members. Requires confidentiality for members with respect to treatment. Directs the: (1) Secretary to provide for an independent study on such topic by the Institute of Medicine of the National Academy of Sciences or other independent entity; and (2) entity chosen to report its results to the Secretary and the defense and appropriations committees.
(Sec. 553) Requires the Secretary to: (1) develop and implement a DOD policy on the support of military children with autism and their families; (2) conduct one or more pilot projects to assess the effectiveness of various approaches for such support; and (3) provide to the defense and appropriations committees an initial report, as well as reports at the conclusion of each pilot project, on lessons learned and support actions proposed. Provides funding.
(Sec. 554) Directs the Secretary to: (1) assess the impacts of military deployment on dependent children of members; (2) report assessment results to the defense committees; (3) review the mental health care and counseling services available through DOD to dependent children of members; (4) report review results to the defense committees; and (5) develop a plan for improvements in access to quality mental health care and counseling services for military children.
(Sec. 555) Requires the Secretary to report to the defense committees on all reported cases since September 2003 involving child custody disputes in which the service of a member, whether regular or reserve, was an issue in the dispute.
(Sec. 556) Expresses the sense of the Senate on the importance of preparation by members with respect to Family Care Plans (plans in which members provide for the care of family members when military duties prevent the members from doing so themselves). Calls on unit commanders, the Secretary, and the Secretary of Homeland Security (with respect to the Coast Guard when not operating as a service in the Navy) to ensure that members under their jurisdiction implement and update their Family Care Plans.
(Sec. 557) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2008 to direct the Office for Reintegration Programs (part of the Yellow Ribbon Reintegration Program under such Act) to establish a program to provide National Guard and reserve members and their families, and assist local communities, with training in suicide prevention and community healing and response to suicide. Terminates the program at the end of FY2012.
(Sec. 558) Directs the Secretary to report to the defense and appropriations committees on the various reintegration programs being administered in support of National Guard and reserve members and their families.
(Sec. 559) Requires the Secretary to: (1) develop and implement a plan to expand existing DOD initiatives to increase access to mental health care for family members of members of the National Guard and reserves deployed overseas during the periods of mobilization, deployment, and demobilization of such members; and (2) report to the defense committees on such plan.
(Sec. 560) Requires the Secretary to: (1) expand existing DOD initiatives to increase access to mental health care for family members of the members described, above; and (2) report to the defense committees on such actions.
(Sec. 561) Directs the CG to report to the defense committees on financial assistance for child care provided by DOD to members of the reserves deployed in connection with a contingency operation.
Subtitle G: Other Matters - (Sec. 571) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to require the Defense Task Force on Sexual Assault in the Military Services to submit its required report by December 1, 2009.
(Sec. 572) Revises generally restrictions on performances by military musical units and musicians to compete in competitions with civilian bands and musicians, as well as the authority of military musical units and musicians to support official events funded, in whole or in part, by appropriated or nonappropriated funds. Authorizes military musical units and musicians to provide music for official military events, performances that foster cooperative relationships with other nations, and events sponsored by or for a military welfare society.
(Sec. 573) Amends the Servicemembers Civil Relief Act to continue recognizing U.S. residency, for purposes of voting for any federal, state, or local office, of a person absent from a state due to accompanying a military spouse serving outside the United States in compliance with military orders.
(Sec. 574) Continues the U.S. residence tax jurisdiction status of a person described above, but states that income earned by the person outside that tax jurisdiction shall not be considered U.S. income when the person is outside the United States solely to be with the servicemember.
(Sec. 575) Suspends the land rights residency requirement for spouses of military personnel serving under orders outside the United States.
(Sec. 576) Revises the DOD share of expenses under the National Guard Youth Challenge Program.
(Sec. 577) Directs the Secretary concerned, within 180 days after either a member's enlistment, commissioning, determination of service-connected disability, discharge, separation, retirement, or release, to provide such member (and, when practicable, their family members) comprehensive information on benefits available, including the monetary amount of such benefits and any applicable offsets. Outlines applicable benefits, including retirement, health care, death benefits, survivor benefits, and educational assistance. Requires certain benefit information to be included upon the occurrence of each of the above events. Requires: (1) the Secretary concerned to provide each of their members biennial notice of the value of pay and benefits provided during the preceding year; (2) the Secretaries concerned to conduct outreach on the pay, benefits, programs, and services available to members by reason of their service; (3) the Secretary to establish an Internet website to provide such benefit information to members; and (4) the Secretary to report to the defense and appropriations committees on the implementation of requirements of this section.
Subtitle H: Military Voting - Military and Overseas Voter Empowerment Act - (Sec. 583) Authorizes any state to delegate to jurisdictions within the state its responsibilities in carrying out the requirements of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) as imposed by this Act.
(Sec. 584) Amends UOCAVA to require states to establish procedures for: (1) absentee military and overseas voters to request and, states to send, federal election voter registration applications and absentee ballot applications by mail and electronically; (2) transmittal of blank absentee ballots by mail and electronically to absentee military voters and overseas voters; (3) protecting the security and integrity of the voter registration and absentee ballot process; and (4) ensuring that absentee military and overseas voters have time to vote, unless the state receives a hardship exemption waiver if it is unable to meet timeliness requirements.
(Sec. 587) Directs the presidential designee (established under UOCAVA) to establish procedures for: (1) collecting marked absentee ballots of absentee overseas military voters in regularly scheduled federal general elections; and (2) delivering them to the appropriate state election officials. Authorizes appropriations.
Requires the chief state election official, in coordination with local election jurisdictions, to develop a free access tracking system by which an absent military or overseas voter may determine whether his or her absentee ballot has been received by the appropriate state election official. Requires the protection of voter privacy and the secrecy of absentee ballots.
(Sec. 588) Authorizes the use of federal write-in absentee ballots in general, special, and runoff elections for federal office, and promotion and expansion of the use of such ballots as a back-up measure.
(Sec. 589) Prohibits refusal to accept otherwise valid voter registration and absentee ballot applications, marked absentee ballots, and federal write-in absentee ballots for failure to meet certain requirements.
(Sec. 590) Directs the presidential designee to: (1) develop online portals of information to inform absent military voters regarding voter registration procedures and absentee ballot procedures for federal elections; and (2) establish a program to notify absent military 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 Global Network. Authorizes appropriations.
Requires each Secretary concerned to take appropriate actions to designate an office on each military installation under their jurisdiction to provide absentee military voters: (1) written information on voter registration procedures and absentee ballot procedures; (2) the opportunity to register to vote in a federal election; (3) the opportunity to update the individual's voter registration information; and (4) the opportunity to request an absentee ballot. Authorizes appropriations.
(Sec. 591) Requires the presidential designee to develop standards for states to: (1) report data on the number of absentee ballots transmitted and received; and (2) store the data reported.
(Sec. 592) Repeals provisions relating to the use of a single voter registration and absentee ballot application for all subsequent elections, except for the prohibition of refusal of applications on grounds of early submission provisions.
(Sec. 593) Directs the presidential designee to report: (1) to the appropriations, defense, and administration committees on the status of implementation of voting procedures required under this Subtitle, and on the effectiveness of the DOD Voting Assistance Officer Program; and (2) annually to such committees and the President on the effectiveness of the Federal Voting Assistance Program carried out under section 590.
(Sec. 594) Requires the Attorney General to report annually to Congress on civil enforcement actions under UOCAVA.
(Sec. 595) Amends the Help America Vote Act of 2002 to require: (1) a state to use a requirements payment made using certain funds only to meet specified UOCAVA requirements; and (2) the state plan to describe how the state will meet UOCAVA requirements. Authorizes appropriations.
(Sec. 596) Authorizes the presidential designee to establish one or more pilot programs to test the feasibility of new election technology for the benefit of absent military and overseas voters claiming UOCAVA rights. Directs the presidential designee to report to Congress on the progress and outcomes of any such pilot program. Authorizes appropriations.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Waives any FY2010 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases by 3.4%, effective January 1, 2010, the rates of basic pay for military personnel.
(Sec. 602) Directs the CG to: (1) conduct a study comparing pay and benefits provided by law to members of the Armed Forces to pay and benefits provided by the private sector to comparable private-sector employees; and (2) report study results to the defense and appropriations committees.
(Sec. 603) Increases the maximum monthly subsistence allowance payable to low-income members with dependents. Requires the Secretary to submit to the defense and appropriations committees a plan for actions to eliminate the need for low-income members and their dependents to rely on the supplemental nutrition assistance program under the Food Stamp Act of 1977.
(Sec. 604) Authorizes the Secretary concerned to pay a member or former member up to $200 for each day of administrative absence that the member would have earned between January 19, 2007, and the date of that department's implementation of the Post-Deployment/Mobilization Respite Absence program had the program been in effect during such period. Prohibits: (1) such payments to any former members released under other than honorable conditions; and (2) the maximum number of days for such benefit from exceeding 40. Terminates such authority one year after the enactment of this Act.
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2010 specified authorities currently scheduled to expire at the end of 2008 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 617) Authorizes the Secretary concerned to pay a special monthly compensation allowance to members with a serious injury or illness incurred or aggravated in the line of duty pending their retirement due to physical disability. Requires physician certification that the member requires assistance from another person to perform personal functions of everyday living. Provides for determination of the appropriate amount of such compensation. Requires the Secretary, and the Secretary of Homeland Security with respect to the Coast Guard,to report to Congress on the provision of such compensation.
(Sec. 618) Authorizes the Secretary concerned to pay monthly special pay of up to $500 to any member (including reserve members) who, beginning on October 1, 2009, and ending on June 30, 2011, serves on active duty while the member's enlistment or period of obligated service is extended, or their retirement is suspended, due to the exercise of the President's stop-loss authority (the authority to extend servicemembers' service period, or suspend their retirement, in time of war or national emergency).
Subtitle C: Travel and Transportation Allowances - (Sec. 631) Authorizes the provision of a travel and transportation allowance to up to three designated individuals (current law allows such allowance for up to three family members) to cover up to three round trips during each 60-day period to visit seriously wounded, ill, or injured servicemembers during the duration of their inpatient care. Allows members to change a designation at any time. Includes serious mental disorders as a covered serious illness.
(Sec. 632) Authorizes a travel and transportation allowance for a qualified non-medical attendant of members determined to be seriously or very seriously wounded, ill, or injured. Requires the attendant to be so designated by the member and determined to be qualified to contribute to the member's health and welfare. Authorizes such allowance for travel from the home of the attendant to the location at which the member is receiving treatment, as well as to locations to which the member may be transferred or referred for further treatment.
(Sec. 633) Authorizes the Secretary concerned to reimburse or provide transportation to reserve members on active duty for a period of more than 30 days and performing duty at a temporary duty station, for travel between the temporary duty station and the member's permanent duty station in connection with authorized leave pursuant to a suspension of training. Requires the period of suspension to be five days or longer.
(Sec. 634) Authorizes the Secretary to provide reimbursement for travel expenses of members on active duty, and their dependents, to a specialty care provider under exceptional circumstances as determined by the Secretary.
(Sec. 635) Authorizes the Secretary concerned to provide travel and transportation allowances to eligible relatives of members who die while on active duty for attendance at a memorial service at a location other than the location of the burial ceremony for which travel and transportation allowances are provided. Limits such allowance to one memorial service.
Subtitle D: Other Matters - (Sec. 651) Amends the NDAA for Fiscal Year 2006 to authorize the continuation of a recruitment incentive payment for three years after the incentive is first provided under the temporary Army authority to provide additional recruitment incentives.
(Sec. 652) Repeals the requirement for reduction of the Survivor Benefit Plan (SBP) annuities by the amount of dependency and indemnity compensation (DIC) received by the surviving spouses of deceased members. Prohibits the recoupment of retired pay amounts previously refunded to SBP participants. Repeals the authority for an optional annuity for dependent children of SBP recipients, restoring eligibility to such annuity to the previously-eligible spouse.
(Sec. 653) Expresses the sense of Congress that: (1) all U.S. commercial carriers should lend support to members traveling on leave or liberty at their own expense; and (2) each such carrier should seek to provide reduced air fares, eliminate or waive certain transportation fees, and offer flexible terms on behalf of such members.
(Sec. 654) Directs the Secretary concerned to ensure that each member of the reserves who, after deployment to an area in which imminent danger pay is authorized, is determined to require evaluation for a physical or mental disability which could result in separation or retirement for disability, or placement on the temporary disability retired or inactive status list is retained on active duty during the disability evaluation process until either: (1) cleared for continuation on active duty; or (2) separated, retired, or placed on the temporary disability retired list or inactive status list.
(Sec. 655) Allows a member of the reserves on active duty to be assigned to the community-based warrior transition unit nearest to the member's permanent residence if residing at that location is medically feasible and consistent with the needs of the Armed Forces and the optimal course of medical treatment for the member.
(Sec. 656) Requires the Secretary concerned to provide certain transitional assistance (including information on the availability of medical care and the location of the warrior transition unit located nearest to a member's permanent residence) to a member of the reserves who is injured while on active duty before the member is demobilized or separated from such duty.
(Sec. 657) Directs the Secretary of the Air Force to report to the defense and appropriations committees on Air Force efforts to attract and retain qualified individuals in the operation, maintenance, handling, and security of nuclear weapons.
(Sec. 658) Expresses the sense of Congress that the Secretary with respect to military personnel, the Secretary of Homeland Security with respect to the Coast Guard, the Secretary of Health and Human Services with respect to commissioned officers of the Public Health Service, and the Secretary of Commerce with respect to commissioned officers of the National Oceanic and Atmospheric Administration should establish procedures to implement flexible spending arrangements for health care and dependent care on a pre-tax basis for such personnel. Requires such officials, in establishing such procedures, to consider the life events unique to such personnel, including changes in duty stations and deployments to overseas contingency operations.
(Sec. 659) Treats the service of any member of the Alaska Territorial Guard during World War II honorably discharged as active service for purposes of the computation of military retired pay.
(Sec. 660) Includes active-duty service by a member of the Ready Reserve performed after September 11, 2001, (current law includes service by such members after the date of enactment of the NDAA for Fiscal Year 2008) under a determination for a reduced eligibility age for the receipt of non-regular service retired pay.
Title VII: Health Care Provisions - Subtitle A: TRICARE Program - (Sec. 701) Extends TRICARE Standard coverage for certain reserve members who are qualified for non-regular retirement but are not yet 60 years old, and their family members. Terminates such coverage upon attaining such age. Requires members to pay the full monthly premium for such coverage.
(Sec. 702) Expands survivor eligibility under the TRICARE dental program to conform to survivor eligibility under TRICARE medical programs.
(Sec. 703) Exempts TRICARE beneficiaries under 65 years old from the requirement to enroll in Medicare Part B for the retroactive months of entitlement to Medicare Part A in order to maintain TRICARE coverage.
(Sec. 704) Directs the Secretary to undertake certain actions to reform and improve the TRICARE program, including actions to: (1) guarantee the availability of care without delay; (2) expand and enhance the sharing of health care resources among federal health care programs; (3) utilize medical technology to speed and simplify referrals; (4) expand and enhance the availability of prevention and wellness care, as well as mental health care; and (5) increase financing options and reduce and control medical costs. Requires the Secretary to report periodically to the defense and appropriations committees on progress made.
(Sec. 705) Directs the CG to report to the defense committees on the implementation of requirements relating to the relationship between the TRICARE program and employer-sponsored group health plans.
(Sec. 706) Expresses the sense of the Senate that: (1) DOD and the nation have an obligation to provide health care benefits to retired members of the Armed Forces that equals the quality of their service; (2) past proposals by DOD to impose substantial fee increases on military beneficiaries have failed to acknowledge the service and sacrifices of such members and their families; and (3) DOD should pursue other options to constrain the growth of military health care spending, rather than seeking large increases in fees, deductibles, and copayments for retirees and their families who participate in the TRICARE program.
(Sec. 707) Directs the Secretary to establish procedures for identifying and notifying certain individuals who are no longer eligibile for benefits under TRICARE of their options for enrollment under title XVIII (Medicare) of the Social Security Act.
Subtitle B: Other Health Care Benefits - (Sec. 711) Directs the Secretary to issue guidance for the provision of a person-to-person mental health assessment for each member deployed in connection with a contingency operation within specified periods before and following deployment. Excludes from assessment requirements members determined not to have been subjected or exposed to operational risk factors during such deployment. Terminates such assessments after an individual's release or discharge. Requires the Secretary to share assessment information with the Secretary of Veterans Affairs (VA) to ensure the continuity of mental health care and treatment of members during their transition from DOD health care coverage to VA health care coverage. Requires reports from the Secretary to Congress describing the guidance, as well as its implementation by the military departments.
(Sec. 712) Conforms the dental care for reserve members serving on active duty for more than 30 days in support of a contingency operation to that provided to regular personnel serving on active duty for more than 30 days.
(Sec. 713) Reduces from 100 to 50 miles the minimum distance of travel required of certain military beneficiaries before eligibility for reimbursement for travel in connection with the provision of specialty health care.
(Sec. 714) Directs the Secretary to report to the defense and appropriations committees on post-deployment health assessments of National Guard and reserve members.
Subtitle C: Health Care Administration - (Sec. 721) Requires the Secretary to: (1) develop and implement a comprehensive policy on pain management by the military health care system; (2) periodically update such policy; and (3) report annually, through 2018, to the defense committees on such policy.
(Sec. 722) Directs the Secretary to: (1) develop and implement a plan to significantly increase the number of military and civilian behavioral health personnel of DOD by September 30, 2013; (2) report on such plan to the defense and appropriations committees; and (3) report to such committees on the feasibility and advisability of establishing one or more military specialties for officers or enlisted personnel as counselors with behavioral health expertise.
(Sec. 723) Requires the Secretary to: (1) conduct a study on the management of medications for physically and psychologically wounded members; and (2) report study results to the defense committees.
(Sec. 724) Directs the: (1) Secretary to report annually to Congress on the prescription of antidepressants and drugs to treat anxiety for troops serving in Iraq and Afghanistan; (2) National Institute of Mental Health (NIH) to conduct a study on the relationship between the increased number of suicides and attempted suicides by members and the increased number of antidepressants, drugs, psychotropics, and other behavior-modifying medications being prescribed; and (3) Secretary to submit the study's findings to Congress.
Subtitle D: Wounded Warrior Matters - (Sec. 731) Authorizes the Secretary to carry out a pilot program under TRICARE to determine the feasibility and advisability of expanding the availability of cognitive rehabilitative therapy for members and former members. Requires a report from the Secretary to the defense committees on the effectiveness of the pilot program and recommendations with respect to such therapy services. Earmarks pilot program funds from Defense Health Program funding.
(Sec. 732) Directs the: (1) Secretary to establish the Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces; and (2) Task Force to report its care, management, and transition assessment results to the Secretary. Requires the Secretary to: (1) transmit the Task Force report to the defense committees; and (2) submit to such committees a plan to implement the recommendations of the Task Force. Terminates the Task Force 90 days after its report.
(Sec. 733) Requires the Secretaries of Defense and Veterans Affairs to report to the defense, appropriations, and veterans committees on research related to post-traumatic stress disorder (PTSD).
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 801) Allows DOD contracts to include a line item or option for either: (1) the delivery of a specified number of prototype items to demonstrate technology developed under the contract; or (2) the provision, for up to 12 months, of advanced component development or effort to prototype technology developed under the contract. Limits the number of prototype items, as well as the dollar value of work to be performed pursuant to a contract line item or option. Terminates such authority five years after the enactment of this Act. Requires a report from the Secretary to the defense and appropriations committees on the exercise of such authority.
(Sec. 802) Directs the Secretary to modify the DOD Supplement to the Federal Acquisition Regulation (FAR) to provide that the head of a defense agency may not award a sole-source contract for an amount exceeding $20 million unless: (1) the contracting officer justifies in writing the use of a sole-source contract; and (2) such justification is approved by an official designated to approve contract awards for amounts comparable to that contract.
Subtitle B: Acquisition Policy and Management - (Sec. 811) Authorizes the Secretary to designate a program that qualifies as both a MDAP and a major automated information system (MAIS) program as only a MDAP or a MAIS.
(Sec. 812) Authorizes the Secretary to transfer expired, unobligated DOD procurement, RDT&E, and O&M funds to the Department of Defense Acquisition Workforce Development Fund. Outlines requirements and limitations on such transfers, including maximum amounts for FY2010-FY2015.
(Sec. 813) Conforms statutory expedited hiring authority for defense workforce positions to changes made under the Hunter Act. Extends such authority through FY2015.
(Sec. 814) Provides that a contract entered into by a non-defense agency for the performance of a joint DOD and non-defense agency program shall not be considered a procurement of property or services for DOD through a non-defense agency, for purposes of federal limitations on such procurements by DOD.
(Sec. 815) Directs the CG to submit to the defense and appropriations committees an assessment of the efficacy of DOD training for acquisition and audit personnel.
Subtitle C: Contractor Matters - (Sec. 821) Allows government support contractors access to prime contractor technical data for the sole purpose of furnishing advice or technical assistance to the government in support of the government's management and oversight of a program or effort. Requires such support contractor, in order to receive such data, to make a series of contract commitments, including exposure to criminal, civil, administrative, and contractual penalties, to ensure that such access is not abused.
(Sec. 822) Amends the NDAA for Fiscal Year 2008 to extend by one year a reporting deadline of the Commission on Wartime Contracting in Iraq and Afghanistan.
(Sec. 823) Requires the DOD manpower mix and the FAR to be modified to provide that: (1) the interrogation of enemy prisoners of war, terrorists, criminals, and other individuals when captured or detained is an inherently governmental function and cannot be transferred to government personnel; and (2) contractor personnel may be used as linguists, interpreters, report writers, technology technicians, and other employees filling ancillary positions in such interrogations, if such personnel are subject to the same rules, policies, procedures, and laws pertaining to detainee operations and interrogations as apply to government personnel in such positions in such interrogations. Directs the Secretary to ensure that, within one year after the enactment of this Act, DOD has the necessary resources to ensure that such interrogations are conducted by appropriately qualified government personnel.
(Sec. 824) Amends the Hunter Act to require additional information to be included in a federal database on the integrity and performance of certain persons awarded federal agency contracts and grants.
Subtitle D: Other Matters - (Sec. 831) Authorizes the Secretary to make a procurement preference (including using other than competitive procedures) for products and services produced in Central Asia, Pakistan, and South Caucasus upon a determination by the Secretary that: (1) the product or service is to be used only by military forces, police, or other security personnel of Afghanistan; or (2) it is in the U.S. national security interest to limit competition, use procedures other than competitive procedures, or provide a preference with respect to products and services from such areas. Requires an annual report from the Secretary to Congress on the exercise of such authority. Terminates the authority three years after the enactment of this Act.
(Sec. 832) Requires the Secretary to review and determine: (1) whether any firms listed in the small arms production industrial base should be eliminated or modified, and whether any additional firms should be included; and (2) whether any of the small arms listed as part of such industrial base should be eliminated or modified, and whether any additional small arms should be included. Directs the Secretary to report to the defense and appropriations committees on such review.
(Sec. 833) Amends the Small Business Act to authorize the Secretary and the Secretary of each military department to carry out DOD's Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs through FY2023.
(Sec. 834) Makes permanent the SBIR Commercialization Pilot program, and expands its activities to include the STTR program.
(Sec. 835) States that it shall be the policy of the United States to incorporate generally accepted industry standards for the safety and health of personnel, to the maximum extent practicable, into requirements for facilities, infrastructure, and equipment intended for use by DOD military or civilian personnel in current and future contingency operations. Requires the Secretary to report to the defense and appropriations committees on actions taken or proposed to ensure that each contract or task or delivery order entered into for the construction, installation, repair, maintenance, or operation of facilities for use by such personnel in current and future contingency operations complies with such policy.
(Sec. 836) Amends the NDAA for Fiscal Year 2004 to repeal an annual report requirement relating to the military system essential item breakout list.
(Sec. 837) Requires the Defense Science Board to report to the defense committees on the usage of rare earth materials in the DOD supply chain.
(Sec. 838) Amends the Small Business Act to authorize (under current law, require) a federal contracting opportunity to be awarded on the basis of competition restricted to qualified HUBZone (historically underutilized business zone) small businesses if the contracting officer expects that at least two qualified HUBZone small businesses will submit offers.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Allows for five Deputy Under Secretaries of Defense (there are currently 28), each of whom would serve as a first assistant to an Under Secretary of Defense, and each of whom would be subject to Senate confirmation. Designates the five Deputy Under Secretaries as the Principal Deputy Under Secretary of: (1) Defense for Acquisition, Technology, and Logistics; (2) Defense for Policy; (3) Defense for Personnel and Readiness; (4) Defense (Comptroller); and (5) Defense for Intelligence.
Authorizes six new Assistant Secretaries of Defense, subject to Senate confirmation (to fill positions currently filled by the other Deputy Under Secretaries). Designates the new Assistant Secretaries as the Assistant Secretary of Defense for: (1) Acquisition; (2) Logistics and Materiel Readiness; (3) Installations and Environment; (4) Manufacturing and Industrial Base; (5) Readiness; and (6) Strategy, Plans, and Forces.
(Sec. 902) Repeals certain limits on the number of personnel employed in headquarters activities of the military departments and defense agencies. Requires in a currently-mandated annual report specified information with respect to personnel assigned to or supporting major DOD headquarters activities.
(Sec. 903) Expresses the sense of the Senate that the Western Hemisphere Institute for Security Cooperation: (1) offers quality professional military bilingual instruction that promotes democracy, subordination to civilian authority, and respect for human rights; (2) is uniquely positioned to support the modernization of Latin America security forces; (3) is building partner capacity which enhances regional and global security while encouraging respect for human rights and promoting democratic principles; (4) is an invaluable education and training facility; and (5) is an essential tool to educate future generations of Latin American leaders and improve U.S. relationships with partner nations working to promote democracy, prosperity, and stability in the Western Hemisphere.
(Sec. 904) Reestablishes the position of Vice Chief of the National Guard Bureau, with duties as prescribed by the Bureau Chief.
Subtitle B: Space Matters - (Sec. 911) Makes permanent a current pilot program to determine the feasibility and desirability of providing to non-U.S. government entities certain space surveillance data support. Authorizes the Secretary to provide space situational awareness information and services to, and obtain such information and services from, such entities.
(Sec. 912) Directs the Secretaries of Defense and Commerce and the Administrator of the National Aeronautics and Space Administration (NASA) to jointly develop a plan for the management and funding of the National Polar-Orbiting Operational Environmental Satellite System Program by DOD, the Department of Commerce, and NASA. Prohibits the obligation or expenditure of more than 50% of the funds authorized for such Program under this Act until such plan is submitted to the defense, appropriations, and commerce committees. Expresses the sense of the Senate with respect to the continuity, requirements, and management of the Program.
Subtitle C: Intelligence Matters - (Sec. 921) Authorizes the DIA to use proceeds from counterintelligence operations to offset reasonable and necessary expenses incurred in such operations. (Under current law, only the military departments have such authority.)
Subtitle D: Other Matters - (Sec. 931) Directs the Secretary to establish in the USUHS the United States Military Cancer Institute to: (1) establish and maintain a clearinghouse of data on the incidence and prevalence of cancer among members and former members of the Armed Forces; and (2) conduct research that contributes to the detection or treatment of cancer among such members and former members. Establishes an Institute Director, who shall report annually to the USUHS President on the current status of Institute research studies. Requires such reports to be transmitted to the Secretary and Congress.
(Sec. 932) Authorizes the Secretary to permit eligible private sector employees to enroll in and receive instruction at the Defense Cyber Investigations Training Academy operated under the direction of the Defense Cyber Crime Center. Prohibits more than 200 of such positions from being filled at any one time. Requires: (1) the charging of tuition for such instruction; and (2) such students to be held to the same standards of conduct applicable to civilian employees of the federal government receiving instruction at such Academy.
(Sec. 933) Directs the Secretaries of Defense and Transportation (DOT) to jointly: (1) develop a plan for providing access to the national airspace for unmanned aircraft of DOD; and (2) submit such plan to the defense, appropriations, and transportation committees.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002) Outlines audit readiness objectives of financial statements of DOD, the military departments, and the Defense Logistics Agency. Allows the appropriate chief management officer to adjust the deadline for meeting each objective 30 days after reporting on such adjustment to the defense and appropriations committees. Requires: (1) the Chief Management Officer of the Department of Defense to develop and maintain a Financial Improvement and Audit Readiness Plan; and (2) semiannual reports on the status and implementation of the Plan from the Under Secretary of Defense (Comptroller) to the defense and appropriations committees. Outlines specific financial issues to be addressed in the first of such reports.
Subtitle B: Naval Vessels and Shipyards - (Sec. 1011) Provides that, during the period beginning on the date of the decommissioning of the U.S.S. Enterprise and ending on the date of the commissioning of the U.S.S. Gerald R. Ford, the number of operational aircraft carriers in the naval combat forces may be 10.
(Sec. 1012) Amends the NDAA for Fiscal Year 2008 to repeal certain nuclear power requirements relating to major combatant vessels of the naval strike force.
(Sec. 1013) Expresses the sense of the Senate that: (1) the Navy should meet its requirements for a 313-ship fleet; (2) the Navy should take greater care to achieve the full planned service life of existing ships and reduce the incidence of early ship decommissioning; (3) the Navy should exercise greater restraint on the acquisition process for ships in order to achieve on-time, on-cost shipbuilding programs; and (4) Congress should support the Navy when it is acting responsibly to achieve the 313-ship requirement and maintaining an appropriate fleet to meet U.S. national security needs.
(Sec. 1014) Designates the U.S.S. Constitution as "America's Ship of State." Expresses the sense of the Senate that the President, Vice President, executive officials, and Members of Congress should utilize the U.S.S. Constitution for conducting pertinent matters of state. Requires the Secretary of the Navy to determine an appropriate fee or reimbursement for any non-Navy entities using the U.S.S. Constitution for Ship of State purposes.
Subtitle C: Counter-Drug Activities - (Sec. 1021) Amends the NDAA for Fiscal Year 1998 to: (1) extend through FY2010 DOD authority to support counter-drug activities of certain foreign governments; and (2) increase to $100 million the maximum amount of such support for FY2010.
(Sec. 1022) Amends the NDAA for Fiscal Year 2004 to extend through FY2010 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities. Requires an annual report in 2009 and 2010 on the effects of such support on counter-drug and counterterrorism activities and objectives.
(Sec. 1023) Amends the Reagan Act to extend through FY2010 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
Subtitle D: Military Commissions - (Sec. 1031) Amends the Uniform Code of Military Justice (UCMJ) to conform procedures for offenses triable by military commissions to procedures governing trials by military courts-martial (as necessitated by the Supreme Court's ruling in Hamdan v. Rumsfeld, 548 U.S. 557.) Includes among such changes: (1) replacing the term "unlawful enemy combatant" with "unprivileged enemy belligerent;" (2) making subject to military commissions any alien enemy unprivileged belligerent who engaged in or supported hostilities against the United States; (3) requiring that statements obtained by the use of torture, whether or not under color of law, be inadmissible in a trial by a military commission; (4) specifically requiring procedures and rules of evidence applicable to trials by general courts-martial to apply in trials by military commissions, except when necessitated by the unique circumstances of the conduct of military and intelligence operations during hostilities or by other practical need; (5) the accused's right to the suppression of evidence that is not reliable or probative; (6) further restrictions on the use of hearsay evidence not otherwise admissible under rules of evidence applicable in trials by general courts-martial; (7) specific procedures for the treatment and protection of classified information; (8) allowing the United States to take an interlocutory appeal to the U.S. Court of Appeals for the Armed Forces (current law allows such an appeal to the Court of Military Commission Review); (9) appeal rights with respect to classified information; and (10) adding contempt and perjury and obstruction of justice as triable offenses. Directs the Secretary to report to the defense committees: (1) setting forth the procedures for military commissions as amended by this section; and (2) 60 days in advance of any proposed modification to regulations in effect for military commissions.
(Sec. 1032) Expresses the sense of Congress that the preferred forum for the trial of alien unprivileged enemy belligerents subject to the UCMJ for violations of the law of war and other offenses made punishable under the UCMJ is trial by military commission.
(Sec. 1033) Provides that, absent an unappealable court order requiring such statements, no military or intelligence agency or department of the United States shall read to a foreign national who is captured or detained as an enemy combatant the statement required by Miranda v. Arizona or otherwise inform such prisoner of any right to counsel or to remain silent consistent with Miranda.
Subtitle E: Medical Facility Matters - Captain James A. Lovell Federal Health Care Center Act of 2009 - (Sec. 1043) Authorizes the Secretary, upon the conclusion of a resource-sharing agreement between the Secretary and the VA Secretary, to transfer to the VA the Navy ambulatory care center, parking structure, supporting facilities, and related medical personal property and equipment in Great Lakes, Illinois, to be known as the Captain James A. Lovell Federal Health Care Center. Requires property reversion if used for purposes other than those specified in the agreement.
(Sec. 1044) Authorizes the Secretary to transfer to the VA functions necessary for Center operation.
(Sec. 1045) Authorizes the Department of Veterans Affairs/Department of Defense Health-Care Resources Sharing Committee to provide for the joint funding of the Center. Establishes in the Treasury for such purposes the Captain James A. Lovell Federal Health Care Center Fund. Directs the Secretary to provide for an annual independent review of the Fund for at least three years after the enactment of this Act. Terminates the authority of this section at the end of FY2015.
(Sec. 1046) Deems the Center a military facility for purposes of eligibility of members of the Armed Forces to receive care and services there.
(Sec. 1047) Extends through FY2015 a joint DOD-VA program to identify, implement, and evaluate creative health care coordination and sharing initiatives at the facility, intraregional, and nationwide levels.
Subtitle F: Miscellaneous Requirements, Authorities, and Limitations - (Sec. 1051) Requires the Secretary to submit to the defense and appropriations committees a list of each congressional earmark that has been included in a national defense authorization Act for three or more consecutive years as of the date of enactment of this Act. Directs the DOD Inspector General to conduct an audit of contracts, grants, or other agreements pursuant to congressional earmarks of DOD funds to determine whether or not earmark recipients are complying with federal requirements on the use of appropriated funds to influence congressional action on any legislation or appropriation matter pending before Congress.
(Sec. 1052) Directs the Secretary to develop and submit to Congress a national strategic plan for improving over a five-year period the U.S. nuclear forensic and attribution capabilities and the methods, capabilities, and capacity for nuclear materials forensics and attribution.
(Sec. 1053) Extends through FY2010 DOD authority to offer and make rewards for assistance in combating terrorism through government personnel of allied forces.
(Sec. 1054) Requires the appropriate chief management officer for a defense business system modernization to determine whether or not appropriate business process reengineering efforts have been undertaken before DOD approves a new business system modernization program. Directs such officer, for each defense business system modernization approved by the Defense Business Systems Management Committee before the date of enactment of this Act having a total cost in excess of $100 million, to review the modernization to determine whether appropriate reengineering efforts have been undertaken, and, upon a negative determination, to develop a plan to undertake such efforts.
(Sec. 1055) Requires the Deputy Secretary of Defense and the Deputy Secretary of Transportation (current law requires the Secretary of Defense) to prepare the biennial global positioning system report. Requires such report to be submitted to the transportation committees ( in addition to the defense committees).
(Sec. 1056) Amends the Inspector General Act of 1978 to authorize the DOD Inspector General to subpoena the attendance and testimony of witnesses necessary to carry out a DOD audit or investigation. Requires such Inspector General to consult with the Attorney General before issuing the subpoena. Prohibits the Inspector General from issuing the subpoena if the Attorney General objects.
(Sec. 1057) Amends the Hunter Act to direct the Secretary and the Director of National Intelligence (DNI) to report annually to the defense, appropriations, and intelligence committees on determinations made with respect to meeting bandwidth requirements for MDAPs and major system acquisition programs during the preceding fiscal year.
(Sec. 1058) Authorizes the Secretary of the Air Force, beginning with the FY2011 program year, to enter into one or more multiyear contracts for conducting a pilot program on utilizing commercial fee-for-service air refueling tanker aircraft for Air Force operations, as required under the NDAA for Fiscal Year 2008. Prohibits the amount of any such contract from exceeding $999,999,999.
(Sec. 1059) Amends the NDAA for Fiscal Year 2008 to require two additional assessments from an advisory panel established by the Secretary to assess DOD capabilities to support U.S. civil authorities in the event of a chemical, biological, nuclear, or high-yield explosive incident.
Subtitle G: Reports - (Sec. 1071) Directs the DNI to: (1) prepare a national intelligence estimate on the nuclear weapons and related programs of countries that are not parties to the Treaty on Non-Proliferation of Nuclear Weapons (commonly known as the Nuclear Nonproliferation Treaty), as well as the nuclear weapons aspirations of other non-party entities that the Director considers appropriate; and (2) submit such estimate to the defense, appropriations, and intelligence committees.
(Sec. 1072) Requires the CG to: (1) review the military whistleblower protections afforded to members of the Armed Forces; and (2) report review results to the defense, homeland security, and judiciary committees.
(Sec. 1073) Directs the Secretary to report to Congress on DOD's redetermination process used to update the eligibility of permanently incapacitated dependents of retired and deceased members for benefits provided through DOD.
(Sec. 1074) Requires the CG to review and report to Congress on DOD obligations and expenditures in the final quarter of FY2009, as compared to such obligations and expenditures in the first three quarters of that fiscal year, to determine if DOD spending policies contribute to hastened year-end spending and poor use or waste of taxpayer dollars.
(Sec. 1075) Directs the DNI to report to Congress on the advisability of providing federal retirement benefits to U.S. citizens for service prior to 1977 as employees of Air America or any associated company while such company was owned or controlled by the federal government and operated or managed by the Central Intelligence Agency (CIA).
(Sec. 1076) Requires the Commander of the U.S. Transportation Command to report to the defense and appropriations committees on criteria for the selection of strategic embarkation ports and ship layberth locations.
(Sec. 1077) Directs the Secretary to submit to the defense committees a comprehensive plan to simplify defense travel.
(Sec. 1078) Requires the Secretary, working through specified officials, to report to the defense and appropriations committees describing current and planned efforts to support and enhance the defense modeling and simulation technological and industrial base, including in academia, industry, and government.
(Sec. 1079) Directs the Commander of the U.S. Special Operations Command, jointly with the commanders of the combatant commands and the chiefs of the services, to report to the Secretary and the Chairman of the Joint Chiefs of Staff (JCS) on the availability of enabling capabilities to support special operations forces requirements. Requires the Secretary to forward such report, with comments and recommendations, to the defense and appropriations committees.
Subtitle H: Other Matters - (Sec. 1081) Authorizes the Secretary of the Navy to transfer to Piasecki Aircraft Corporation Navy aircraft N40VT and associated components, equipment, and engines. Requires 60 days' prior notification of Congress before such transfer.
(Sec. 1082) Authorizes the Secretary of the Air Force to convey to an appropriate private entity two specified Big Crow aircraft, as long as such Secretary and the Under Secretary jointly determine that it is in the interests of DOD to do so.
(Sec. 1083) Directs the Secretary to: (1) establish a plan to sustain the solid rocket motor industrial base; and (2) submit the plan to the defense and appropriations committees.
(Sec. 1084) Requires the VA Secretary to: (1) commence a three-year pilot program to assess the benefits, feasibility, and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities, including PTSD; (2) conduct a study of the costs and benefits associated with the use of such dogs for such purposes; and (3) report program findings to Congress. Directs the National Academy of Sciences, upon completion of the pilot program, to report program results to Congress.
(Sec. 1085) Directs the VA Secretary, in addition to currently-authorized state home nursing care for veterans, to provide such services to a non-veteran any of whose children died while serving in the Armed Forces.
(Sec. 1086) Amends federal employee law to set a maximum age limit of 47 for an original appointment to the following positions in the case of individuals who, on the date of such appointment, are eligible to receive retired or retainer pay for military service, or pension or compensation from the VA instead of such retired or retainer pay: (1) a firefighter or law enforcement officer; (2) a member of the Capitol Police or Supreme Court Police; (3) a nuclear materials courier; or (4) a customs and border protection officer. Makes such individuals eligible for an annuity under the Federal Employees Retirement System (FERS) upon attaining 57 years of age and completing 10 years of service in such position. Makes 57 the mandatory retirement age for such individuals. Provides for the computation of the basic federal annuity for such individuals.
(Sec. 1087) Expresses the sense of Congress that the Secretary should, with regard to the development of manned airborne irregular warfare platforms, coordinate requirements for such weapon systems with the military services, including the reserve components.
(Sec. 1088) Amends the NDAA for Fiscal Year 2008 to extend until September 30, 2010, the termination date for the Congressional Commission on the Strategic Posture of the United States.
(Sec. 1089) Expresses the sense of Congress that the independent panel appointed by the Secretary to assess the quadrennial defense review should be comprised of members equally divided on a bipartisan basis. Requires the appointment of eight additional panel members, and provides additional panel duties, including the assessment of possible military force structures. Directs the Secretary, after the panel submits its report with respect to the 2009 quadrennial defense review, to submit to the defense and appropriations committees any comments on such report.
(Sec. 1090) Amends the Small Business Act with respect to the HUBZone program to: (1) authorize (current law requires) a contract opportunity to be awarded on the basis of competition restricted to qualified HUBZone small businesses if the contracting officer determines that at least two qualified HUBZone small businesses will submit offers and that the award can be made at a fair market price; and (2) include subcontracts (currently, only prime contracts) within government-wide goals for the award of federal procurement contracts to small businesses. Authorizes the Administrator of the Small Business Administration (SBA) to establish mentor-protege programs for small businesses owned and controlled by service-disabled veterans or women, and HUBZone small businesses, modeled on the SBA mentor-protege program for small businesses participating under the SBA section 8(a) general and start-up small business loan program.
(Sec 1091) Directs the Secretary of the Interior to: (1) conduct a study of the National D-Day Memorial Area in Bedford, Virginia, to evaluate its inclusion in the National Park System; and (2) report study results to specified congressional committees.
Title XI: Civilian Personnel Matters - Subtitle A: Personnel - (Sec. 1101) Repeals the permanent authority of the National Security Personnel System (NSPS). Directs the Secretary to ensure the transition of all organizational and functional units of the NSPS within one year after the enactment of this Act. Authorizes the Secretary to: (1) establish and implement regulations providing performance management and workforce incentives for employees currently covered under the NSPS; and (2) establish the Department of Defense Civilian Workforce Incentive Fund for such purposes. Outlines criteria for the establishment of a new personnel management system for such employees. Prohibits NSPS termination and transition to a new personnel management system unless there is a certification from the Secretary to the defense and government affairs committees that: (1) termination of the NSPS would not be in the best interests of DOD; and (2) changes made during FY2010 will result in improved employee acceptance of the NSPS.
(Sec. 1102) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to extend through FY2014 the experimental personnel management program for DOD scientific and technical personnel. Increases maximum pay levels for such employees (including bonuses and incentive payments). Revises an annual report requirement.
(Sec. 1103) Amends the Hunter Act to extend through 2010 DOD authority to waive annual premium pay and aggregate pay limits for civilian employees working in certain overseas locations.
(Sec. 1104) Makes DOD funds for the purchase of contract services to meet a requirement anticipated to continue for five years or more available to provide compensation for DOD civilian employees to meet the same requirement. Allows such funds use for FY2010-FY2019. Requires an annual report, during such period, from the Secretary to the defense and appropriations committees on the exercise of such authority.
(Sec. 1105) Directs the Secretary to establish a program of leadership recruitment and development for DOD civilian employees, to be known as the Department of Defense Civilian Leadership Program. Limits to 5,000 the number of Program participants in a fiscal year. Outlines Program elements.
(Sec. 1106) Requires the Secretary to: (1) undertake a review of specified defense laboratories not currently included in defense laboratory personnel demonstration projects (as authorized under prior defense authorization Acts) to determine whether such laboratories would benefit from such inclusion; and (2) report review results to the defense, appropriations, and government affairs committees.
Subtitle B: Part-Time Reemployment of Annuitants - Part-time Reemployment of Annuitants Act of 2009 - (Sec. 1162) Allows a federal agency head to waive the application of Civil Service Retirement System (CSRS) and FERS provisions restricting annuities and pay upon reemployment with respect to an annuitant employed as a limited time appointee, if the agency head determines that such employment is necessary to: (1) fulfill functions critical to the mission of the agency; (2) assist in the implementation or oversight of the American Recovery and Reinvestment Act of 2009 or the Troubled Asset Relief Program under Title I of the Emergency Economic Stabilization Act of 2008; (3) assist in the development, management, or oversight of agency procurement actions; (4) assist the agency's inspector general; (5) promote appropriate employee training or mentoring programs; (6) assist in the recruitment or retention of employees; or (7) respond to an emergency involving a direct threat to life or property or other unusual circumstances. Prohibits waiving such provisions with respect to an annuitant for more than: (1) 520 hours of service performed during the six months following the individual's annuity commencement date; (2) 1040 hours of service performed during any 12-month period; or (3) a total of 3120 hours of service performed by that annuitant. Limits the total number of annuitants to whom a waiver may apply to not more than 2.5% of the total number of full-time agency employees, and requires an agency head to submit to specified committees a justification if the number of annuitants to whom a waiver applies exceeds 1% of the total number of employees. Terminates the agency head's waiver authority five years after the enactment of this Subtitle.
(Sec. 1163) Directs the CG to report to the governmental affairs committees on the use of authority provided under this Subtitle.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Increases the unit cost threshold for purchases using certain funds from the Combatant Commander Initiative Fund from $15,000 to the unit cost threshold for the use of O&M funds for the purchase of investment items (currently, $250,000).
(Sec. 1202) Extends DOD authority to provide certain services and support to coalition forces to coalition forces assigned to the headquarters of the combatant command for joint warfighting experimentation and joint forces training.
(Sec. 1203) Amends the NDAA for Fiscal Year 2006 to limit to $75 million the amount of funds that may be used to build the capacity of foreign military forces to participate in or support military stability operations in which U.S. Armed Forces participate.
(Sec. 1204) Provides that if DOD is providing assistance to: (1) irregular forces or individuals supporting U.S. special operations to combat terrorism, then the Secretary must notify the defense and appropriations committees at least 72 hours in advance; and (2) foreign forces providing such support, then the Secretary must notify such committees within 48 hours after the use of such authority. Revises a related annual report requirement.
(Sec. 1205) Amends the NDAA for Fiscal Year 2008 to extend through FY2010 the authority to use DOD O&M funds to reimburse key cooperating nations for logistical and military support provided in connection with U.S. military operations in Operations Iraqi Freedom or Enduring Freedom. Outlines types of support for which such reimbursement may be provided. Limits reimbursement amounts. Directs the Secretary to report quarterly to the defense and appropriations committees on the use of such authority. Extends through FY2011 the requirement of congressional notification of reimbursements to Pakistan for support provided.
(Sec. 1206) Expresses the sense of Congress that the Commanders' Emergency Response Program (urgent humanitarian and reconstruction relief for Iraq and Afghanistan) provides U.S. military commanders a valuable tool for accomplishing counterinsurgency missions in Iraq and Afghanistan. Amends the NDAA for Fiscal Year 2006 to extend such Program through FY2010. Revises related report requirements. Authorizes the Secretary to transfer up to $100 million of Program funds to the Secretary of State in order to support the Afghanistan National Solidarity Program, if the Secretary determines that such funds would enhance counterinsurgency or stability operations in Afghanistan.
(Sec. 1207) Amends the NDAA for Fiscal Year 2006 to extend through FY2010 DOD authority to transfer funds to support State Department programs of foreign security and stabilization assistance.
(Sec. 1208) Authorizes the Secretary to enter into non-reciprocal agreements for the exchange of military and civilian defense personnel with governments of U.S. allies and friendly foreign countries. Terminates such authority at the end of 2011.
(Sec. 1209) Directs the Secretary to endeavor to increase the number of positions in professional military education courses that are made available annually to personnel of the security forces of Iraq.
(Sec. 1210) Requires a report from the Secretary to the defense and appropriations committees assessing alternatives to the temporary DOD authority to use acquisition and cross-servicing agreements to lend military equipment to military forces participating in combined operations with the United States in Iraq or Afghanistan or as part of United Nations (UN) or other international peacekeeping operations.
(Sec. 1211) Authorizes the President to treat an undertaking by the government of Iraq made between the date of enactment of this Act and December 31, 2011, as a dependable undertaking as defined in the Arms Export Control Act for purposes of entering into contracts for the procurement of defense articles and services.
(Sec. 1212) Authorizes the Secretary to use FY2010 DOD funds to pay costs incurred by the National Guard in conducting activities under the State Partnership Program (the building of international civil-military partnerships and capacity on matters relating to defense and security). Provides cost limitations.
(Sec. 1213) Authorizes the President to transfer defense articles from DOD stocks, and to provide defense services in connection with such transfer, to the military and security forces of Iraq and Afghanistan to support their efforts to restore and maintain peace and security in those countries. Limits the aggregate value of all such articles and services to $500 million. Prohibits the President from exercising such authority until: (1) 30 days after the Secretary submits to the defense, appropriations, and foreign relations committees a plan for the disposition of such property and equipment in Iraq; and (2) 15 days after the President has notified such committees of the proposed transfer of such articles and services. Requires quarterly reports from the Secretary to such committees during FY2010 on the implementation of the President's authority under this section. Terminates such authority at the end of FY2010.
(Sec. 1214) Amends the NDAA for Fiscal Year 2008 to require the Secretary to: (1) consult with the Secretary of State prior to submitting to the defense and appropriations committees a detailed description of reimbursement to Pakistan for the provision of logistical, military, or other support in connection with U.S. military operations; and (2) certify that such reimbursement is consistent with U.S. national security and will not adversely impact the balance of power in that region.
Subtitle B: Reports - (Sec. 1221) Directs the President to report to Congress on U.S. engagement with Iran. Requires such report to address: (1) diplomacy; (2) support for terrorism and extremism; (3) nuclear activities; (4) missile activities; (5) support to the illegal narcotics network in Iran; and (6) U.S. sanctions against Iran.
(Sec. 1222) Requires the DNI to report to the defense and intelligence committees with respect to: (1) certain clandestine activities of Cuba and Cuba's agreements and relationships with specified countries; and (2) certain activities of Venezuela and actions taken by Hugo Chavez and other Venezuelan officials.
(Sec. 1224) Directs the Secretary to report biennially to Congress on the current and future military strategy of the Islamic Republic of Iran, including an assessment of the capabilities of their conventional and unconventional forces.
(Sec. 1225) Success in Countering Al Qaeda Reporting Requirements Act of 2009 - Directs the President to submit annually to the foreign relations, defense, appropriations, and intelligence committees a review of the counterterrorism strategy of the United States, including an assessment of U.S. counterterrorism efforts in fighting Al Qaeda and its affiliates.
(Sec. 1226) Directs the President to report to Congress on Taiwan's current air force and future self-defense requirements, in particular in the face of a concerted missile and air campaign by China.
(Sec. 1227) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to: (1) require a report concerning U.S. contributions to the UN to be submitted annually (under current law, such report ends at the end of 2010) and to be submitted by the OMB Director (under current law, submitted by the President); and (2) require the OMB Director to post a public version of each such report on a publicly-available Internet website.
Subtitle C: Other Matters - (Sec. 1231) Expresses the sense of Congress that: (1) the Administration should expeditiously submit to Congress a list of measures of progress with regard to U.S. strategic objectives in Afghanistan and Pakistan; (2) such list should include newly-established measures as well as measures previously established under the NDAA for Fiscal Year 2008 that continue to be relevant; (3) the Administration should incorporate the list with each required report on Afghanistan and Pakistan under the aforementioned Act; and (4) upon submittal of such reports, the Administration should provide an assessment of each measure of progress.
(Sec. 1232) Expresses the sense of the Senate that: (1) the government of Iran should seize the offer to engage in direct diplomacy with the United States, suspend all nuclear enrichment-related and reprocessing activities, and come into full compliance with the Nuclear Nonproliferation Treaty; and (2) the President should impose sanctions on the Central Bank of Iran and any other Iranian bank engaged in proliferation activities or support for terrorist groups if Iran does not take the above measures.
(Sec. 1233) Directs the President to report to Congress examining the conduct of the government of North Korea since June 26, 2008, to determine whether North Korea meets the statutory criteria for listing as a state sponsor of terrorism. Expresses the sense of the Senate that: (1) the United States should vigorously enforce UN resolutions and other sanctions with respect to North Korea, urge all UN-member states to fully implement such resolutions and sanctions, and explore the imposition of additional sanctions against North Korea in furtherance of U.S. national security; (2) the conduct of North Korea constitutes a threat to the northeast Asian region and to international peace and security; (3) if the United States determines that North Korea has provided terrorist assistance or engaged in state-sponsored acts of terrorism, the Secretary of State should immediately list North Korea as a state sponsor of terrorism (for purposes of the implementation of additional sanctions); and (4) if the United States determines that North Korea has failed to fulfill its June 10, 2008, pledges, the Secretary of State should immediately list North Korea as a state sponsor of terrorism.
(Sec. 1234) Requires the President to report to the defense, appropriations, and foreign relations committees on the plan to enhance the safety, security, and reliability of the U.S. nuclear weapons stockpile, modernize the nuclear weapons complex, and maintain the delivery platforms for nuclear weapons. Urges the President to maintain the position that the follow-on treaty to the START Treaty not include any limitations on the ballistic missile defense systems, space capabilities, or advanced conventional weapons systems of the United States.
(Sec. 1235) Expresses the sense of Congress that: (1) a stable and democratic Republic of Iraq is in the long-term U.S. national security interest; (2) the people and government of the United States should help the people of Iraq promote the stability of their country and peace in the region; and (3) the United States should be a long-term strategic partner with the government and people of Iraq in support of their efforts to build democracy, good governance, and regional peace and stability.
(Sec. 1236) Directs the Secretary to report to Congress on the feasibility and desirability of establishing procedures and guidelines for the provision of monetary assistance to civilian foreign nationals for losses, injuries, or death incident to combat activities of the U.S. Armed Forces during contingency operations.
Subtitle D: VOICE Act - Victims of Iranian Censorship Act or VOICE Act - (Sec. 1242) Expresses the sense of the Senate in support of the universal values of freedom of speech, the press, and expression as it pertains to the people of Iran, and condemning acts of censorship, intimidation, and other restrictions on such freedom in Iran.
(Sec. 1243) States that it shall be the policy of the United States to: (1) support freedom of the press, speech, expression, and assembly in Iran; (2) support the Iranian people as they seek, receive, and impart information and promote ideas in writing, print, and through other media; (3) discourage businesses from aiding efforts to interfere with the ability of the Iranian people to access or share information or otherwise infringe upon such freedoms; and (4) encourage the development of technologies that facilitate efforts of the Iranian people to share such information, exercise such freedoms, and engage in Internet-based education programs and other exchanges between U.S. citizens and Iranians.
(Sec. 1244) Authorizes appropriations for the: (1) International Broadcasting Operations Fund to expand Farsi language programming and to disseminate accurate and independent information to the Iranian people through radio, television, Internet, cellular telephone, short message service, and other communications; and (2) Broadcasting Capital Improvements Fund to expand transmissions of Farsi language programs to Iran.
(Sec. 1245) Establishes in the Treasury the Iranian Electronic Education, Exchange, and Media Fund to support the development of technologies that will aid the Iranian people in exchanging information and exercising freedom of speech, expression, and assembly. Authorizes appropriations to the Fund.
(Sec. 1246) Directs the President to report annually to Congress on the use of funds authorized under this Subtitle.
(Sec. 1247) Requires the President to: (1) direct the appropriate officials to examine claims that non-Iranian companies have provided hardware, software, or other forms of assistance to the government of Iran that has furthered its efforts to filter online political content, disrupt cellphone and Internet communications, and monitor the online activities of Iranian citizens; and (2) report study results to Congress.
(Sec. 1248) Authorizes appropriations to the Secretary of State to document, collect, and disseminate information about human rights in Iran, including abuses since the Iranian presidential election on June 12, 2009.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Authorizes the Secretary to enter into agreements with entities under which the entity contributes funds for the DOD biological threat reduction program. Directs the Secretary to submit to the defense and appropriations committees: (1) the value and purpose of contributions made; (2) the identity of the entity making the contribution; and (3) annual reports on the contributions. Terminates such authority at the end of 2015.
(Sec. 1304) Authorizes the Secretary to obligate or expend up to 10% of authorized CTR funds in a fiscal year to provide assistance for or otherwise carry out bilateral or multilateral activities relating to nonproliferation or disarmament. Requires the Secretary to: (1) notify the defense and appropriations committees at least 15 days in advance of such obligation or expenditure; and (2) certify that the obligation or expenditure is necessary to support U.S. national security objectives.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2010 for: (1) Defense Working Capital Funds; (2) the National Defense Sealift Fund; (3) the Defense Health Program; (4) chemical agents and munitions destruction; (5) drug interdiction and counter-drug activities; and (6) the Defense Inspector General.
(Sec. 1407) Provides that the amounts authorized under this Subtitle shall be available for programs, projects, and activities in the amounts specified in the funding table provided in Division D of this Act.
Subtitle B: National Defense Stockpile - (Sec. 1411) Amends the NDAA for Fiscal Year 1998 to extend through FY2011 the authority to dispose of cobalt from the National Defense Stockpile.
(Sec. 1412) Provides that, with respect to any action taken under the Defense Production Act of 1950 to correct the industrial resource shortfall for high-purity beryllium metal, the aggregate outstanding amount of all such actions may not exceed $80 million (currently, $50 million).
Subtitle C: Armed Forces Retirement Home - (Sec. 1421) Authorizes appropriations for FY2010 for the Armed Forces Retirement Home.
Title XV: Overseas Contingency Operations - (Sec. 1502) Authorizes appropriations for DOD for FY2010 to provide additional funds for overseas contingency operations, specifically for: (1) procurement; (2) RDT&E; (3) O&M; (4) military personnel; (5) Defense Working Capital Funds; (6) the Defense Health Program; (7) drug interdiction and counterdrug activities; and (8) the Defense Inspector General.
(Sec. 1514) Provides that the amounts authorized under this title shall be available for programs, projects, and activities in the amounts specified in the funding table provided in Division D of this Act.
(Sec. 1515) Authorizes the Secretary, in the national interest, to transfer up to $4.5 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
(Sec. 1516) Provides that funds authorized under this title for the Afghanistan Security Forces Fund (part of O&M funding) shall be subject to Fund use and transfer authority requirements of the NDAA for Fiscal Year 2008.
(Sec. 1517) Requires funds transferred from the Secretary of State to DOD for the Pakistan Counterinsurgency Fund to be merged with and available for such Fund's purposes. Prohibits any transferred funds from being utilized until the Secretary submits to the defense, appropriations, and foreign relations committees an assessment of whether Pakistan is committed to confronting the threat posed by al Qaeda, the Taliban, and other military extremists. Outlines Fund use and transfer authority requirements. Requires quarterly reports from the Secretary to such committees on any obligations or transfers from the Fund.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2010 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2012, or the date of enactment of an Act authorizing funds for military construction for FY2013, whichever is later, with an exception.
(Sec. 2004) Provides that amounts authorized in this Division shall be available for programs, projects, and activities in the amounts specified in the funding table provided in Division D of this Act.
Title XXI [sic]: Army - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2009 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
(Sec. 2105) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2006 to extend an authorized project in Hawaii.
Title XXII: Navy - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Amends the MCAA for Fiscal Year 2006 to increase the amount authorized for a project at the Naval Submarine Base, Bangor, Washington. Extends the authority to carry out such project until October 1, 2012, or the date of enactment of an Act authorizing funds for military construction for FY2013, whichever is later.
Title XXIII: Air Force - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI.
(Sec. 2305) Extends certain prior-year military construction projects.
(Sec. 2307) Prohibits the obligation or expenditure of Air Force funds for certain improvements at Palanquero Air Base, Colombia, until the Secretary certifies to the defense and appropriations committees that negotiations between the United States and Colombia have resulted in access rights that will permit the U.S. Southern Command to adequately perform its mission.
(Sec. 2308) Authorizes the Director of Walking Shield, Inc. to submit to the Secretary of the Air Force, on behalf of any Indian tribe located in Nevada, North Dakota, Oregon, South Dakota, Montana, or Minnesota, a request for conveyance of any relocatable military housing unit located at Grand Forks, Minot, Malmstrom, Ellsworth, or Mountain Home Air Force Base. Authorizes the Secretary of the Air Force, upon such a request, to convey to the appropriate Indian tribe any such housing unit.
Title XXIV: Defense Agencies - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out other-than-military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units and to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2009 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments). Limits the total cost of construction projects authorized by this title.
(Sec. 2405) Amends the MCAA for Fiscal Year: (1) 2008 to increase the amount authorized for a project at the Point Loma Annex, California; and (2) 2009 to increase the amount authorized for a project in Souda Bay, Greece.
(Sec. 2407) Extends a prior-year military construction project.
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2009 for military construction and land acquisition for chemical demilitarization for the construction of: (1) phase 11 of a chemical munitions demilitarization facility at Pueblo Chemical Activity, Colorado; and (2) phase 10 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2009 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2009 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
(Sec. 2607) Extends certain prior-year National Guard and reserve military construction projects.
Title XXVII: Base Closure and Realignment Activities - (Sec. 2701) Authorizes appropriations for fiscal years after 2009 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes the Secretary to carry out base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005. Authorizes appropriations for fiscal years after 2009 for such purpose.
(Sec. 2703) Authorizes appropriations for fiscal years after 2008 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 2005.
(Sec. 2704) Directs the Secretary to report to the defense, appropriations, and foreign relations committees on the status of: (1) overseas base closure and realignment actions undertaken as part of a global defense posture realignment strategy; and (2) development and execution of comprehensive master plans for overseas military main operating bases, forward operating sites, and cooperative security locations. Requires a report from the Secretary to such committees on how each such status will be affected by each quadrennial defense review assessment.
(Sec. 2705) Expresses the sense of the Senate that, as the federal government implements base closures and realignments, global repositioning of forces, and grow-the-force initiatives, it is necessary to: (1) assist local communities coping with the impact of these programs at both closed and active military installations; and (2) assess the needs and degree of such assistance in order to effectively implement various DOD initiatives while aiding communities to either quickly recover from closures or accommodate growth associated with troop influxes.
(Sec. 2706) Authorizes the Secretary of the Army to use base closure and realignment funds authorized under this title to construct an Army Reserve center and maintenance facility in the vicinity of Newtown, Connecticut.
(Sec. 2707) Authorizes the Secretary of the Army to use prior-year funding authorized for construction of an Armed Forces Reserve Center at Pease Air National Guard Base, New Hampshire, to instead construct such a Center in the vicinity of such Base at a location determined to be in the best interest of national security and the public interest.
(Sec. 2708) Directs the Secretary to develop and implement a comprehensive master plan to provide world-class military medical facilities and an integrated system of health care delivery for the National Capital Region that addresses specified needs, missions, and performance expectations for members of the Armed Forces and their families.
Title XXVIII: Military Construction General Provisions - (Sec. 2801) Authorizes the Secretary and the military department Secretaries, using amounts appropriated by title X of the American Recovery and Reinvestment Act of 2009, to acquire real property and carry out military construction projects in specified amounts at specified installations and locations inside the United States. Authorizes the Secretary of the Army, using such funds, to acquire real property and carry out military construction projects for the Army National Guard and Army Reserve in specified amounts at specified locations inside the United States, and to construct or acquire family housing units for the Army National Guard and Reserves in specified amounts at specified locations inside the United States.
Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2811) Amends the MCAA for Fiscal Year 2005 to extend through FY2010 the use of defense-wide O&M funds for construction projects within the U.S. Central Command and U.S. Africa Command areas of responsibility.
(Sec. 2812) Prohibits the scope of work for a military construction project or for the construction, improvement, or acquisition of a military family housing project from being increased beyond the amount specifically authorized by Congress.
(Sec. 2813) Authorizes the Secretary concerned to enter into an agreement to convey real property, and any improvements, to any person who agrees, in exchange for the real property, to carry out a land acquisition to limit encroachment around DOD installations and ranges. Requires deposit of the proceeds of the property conveyed into the Foreign Currency Fluctuations, Construction, Defense account. Repeals an annual report requirement concerning such conveyances. Terminates the conveyance authority at the end of FY2013.
(Sec. 2814) Extends through FY2011 the authority of the Secretary of the Navy to carry out pilot projects using the private sector for the acquisition or construction of military unaccompanied housing in the United States.
Subtitle B: Energy Security - (Sec. 2821) Directs the Secretary to report to the defense and appropriations committees describing and assessing current DOD efforts toward the installation of solar panels and other renewable energy projects on military installations and facilities.
Subtitle C: Land Conveyances - (Sec. 2831) Authorizes the Secretary of the Navy to convey to Virginia Beach, Virginia, parcels of property at the Naval Air Station Oceana, Virginia, to permit the city to expand services to support the Marine Animal Care Center.
(Sec. 2832) Releases to the state of Arkansas a U.S. reversionary interest in and to the surface estate of Camp Joseph T. Robinson, Arkansas.
(Sec. 2833) Amends the Military Construction Act for Fiscal Year 1998 to change the designated recipient with respect to a land conveyance by the Secretary of the Air Force involving specified property at Ellsworth Air Force Base, South Dakota, to the South Dakota Ellsworth Development Authority.
(Sec. 2834) Authorizes the Secretary of the Air Force to convey to the county of Laramie, Wyoming, specified real property at the F.E. Warren Air Force Base in Cheyenne, Wyoming, to preserve the property for health care facilities.
(Sec. 2835) Authorizes the Secretary of the Air Force to convey to an eligible entity specified real property on Lackland Air Force Base, Texas, in exchange for real property adjacent to such installation, for the purpose of relocating and reconsolidating Air Force tenants located on the former Kelly Air Force Base, Texas, onto the main portion of Lackland Air Force Base.
(Sec. 2836) Authorizes the Secretary of the Army to convey to the Chilkoot Indian Association specified real property at the former Haines Fuel Terminal in Haines, Alaska, to permit the Association to develop a deep sea port and for other industrial and commercial development purposes.
(Sec. 2837) Authorizes the Secretary of the Navy to convey to any person or entity leasing or licensing real property located at the Camp Catlin and Ohana Nui areas, Hawaii, the property so leased or licensed for the purpose of continuing current functions there.
Subtitle D: Other Matters - (Sec. 2841) Directs the Secretary of the Army to: (1) expand the First Sergeants Barracks Initiative to include all Army installations in order to improve the quality of life and living environments for single soldiers; and (2) provide two expansion progress reports to Congress.
Title XXIX: Overseas Contingency Operations Military Construction Authorizations - (Sec. 2901) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects to construct or renovate warrior transition unit facilities at installations and locations outside the United States. Authorizes appropriations for fiscal years after 2009 for military construction, land acquisitions, and military family housing functions of the Army. Prohibits funds from being obligated for projects authorized by this section until 14 days after the Secretary submits to the defense and appropriations committees a justification for such project(s).
(Sec. 2902) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army, above, with the same justification requirement.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2010 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security, with specified allocations for weapons activities, defense nuclear nonproliferation activities, naval reactors, and the Office of the Administrator for Nuclear Security (Administrator); and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup, other defense activities, and defense nuclear waste disposal.
(Sec. 3105) Provides that the amounts authorized under this title shall be available for programs, projects, and activities in the amounts specified in the funding table provided in Division D of this Act.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends provisions of the Atomic Energy Defense Act relating to the nuclear weapons stockpile life extension program to: (1) implement the program through the NNSA; and (2) direct the Secretary of Energy (Secretary, for purposes of this Division) to develop a long-term plan to extend the life of the weapons in the nuclear weapons stockpile without nuclear weapons testing. Outlines plan elements, and requires the Secretary to annually update the plan and to submit updated plans to Congress. Expresses the sense of Congress that the President should include in each fiscal year budget sufficient funds to carry out activities under the program that are specified in the latest updated plan.
(Sec. 3112) Amends the Atomic Energy Defense Act to: (1) eliminate the exemption of the above program from the requirement to request specific funds within the President's annual budget; and (2) repeal the reliable replacement warhead program.
(Sec. 3114) Allows the Secretary to obligate no more than 10% of the funds authorized for the International Nuclear Materials Protection and Cooperation program in a fiscal year to provide assistance for or otherwise carry out bilateral or multilateral activities relating to nonproliferation or disarmament. Authorizes the expenditure of such funds only if, at least 15 days earlier: (1) the Secretary notifies the defense and appropriations committees of the intent to obligate or expend such funds; and (2) the President certifies to such committees that obligating or expending such funds is necessary to support U.S. national security objectives.
(Sec. 3115) Amends the Atomic Energy Defense Act to: (1) repeal a prohibition on funding activities associated with the international cooperative stockpile stewardship program (which no longer exists); (2) increase from $5 million to $7 million the minor construction threshold for DOE plant projects; and (3) extend through FY2011 DOE authority to employ scientific, engineering, and technical personnel performing duties related to safety at nuclear facilities.
(Sec. 3118) Amends the Warner Act to repeal the September 30, 2010, deadline for consolidation of the counterintelligence programs of DOE and the NNSA.
Subtitle C: Other Matters - (Sec. 3131) Directs the Administrator and the Under Secretary of Energy for Science to develop and submit to the defense and appropriations committees a plan to use and fund, over a ten-year period, four specified DOE facilities. Requires the Secretary to specify in DOE budget requests the source of funds for each facility.
(Sec. 3132) Requires the: (1) Secretary to appoint an independent panel of experts to review the management and operation of the Lawrence Livermore, Los Alamos, and Sandia National Laboratories; (2) panel to report review results to the Secretary; and (3) Secretary to submit such report to the defense committees.
(Sec. 3133) Directs the Secretary to include in the 2010 stockpile stewardship plan specified information relating to stewardship criteria.
(Sec. 3134) Requires the CG to: (1) conduct phase one, two, and three reviews of projects carried out by DOE's Office of Environmental Management using American Recovery and Reinvestment Funds; and (2) report to the defense and appropriations committees on the status and results of each review.
(Sec. 3135) Directs the Secretary to include in annual DOE budget justification materials specific identification as a budget line item of amounts required to meet pension obligations for contractor employees at each DOE facility using amounts authorized for DOE.
(Sec. 3136) Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to require the Ombudsman of the Department of Labor, in carrying out duties under the Energy Employees Occupational Illness Compensation program, to work with the individual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman to individuals making claims under subtitle B of the above Act.
(Sec. 3137) Directs the CG to: (1) conduct a study of the stockpile stewardship program established under the Atomic Energy Defense Act to determine if the program was functioning, as of December 2008, as envisioned when established; and (2) report study results to the defense and appropriations committees.
(Sec. 3138) Expresses the sense of the Senate that: (1) radioisotopes and radiopharmaceuticals, including Mo-99 and its derivatives, are essential components of medical tests that help diagnose and treat life-threatening diseases affecting millions of people each year; and (2) the Secretary should continue and expand a program to meet the need to ensure a source of Mo-99 and its derivatives for use in medical tests to help ensure the health security of the United States and around the world and promote peaceful nuclear industries through the use of low-enriched uranium.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2010 for the Defense Nuclear Facilities Safety Board.
Title XXXIII: Maritime Administration - (Sec. 3301) Revises generally organizational matters within the Maritime Administration.
Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation or expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement and procurement for overseas contingency operations; (2) RDT&E and RDT&E for overseas contingency operations; (3) O&M and O&M for overseas contingency operations; (4) other authorizations, including those for overseas contingency operations; (5) revolving and management funds; (6) Defense Working Capital Funds; (7) military construction; (8) 2010 project base closures and realignments; (9) American Recovery and Reinvestment Act military construction; (10) military construction for overseas contingency operations; and (11) DOE national security programs.
Division E: Matthew Shepard Hate Crimes Prevention Act - Matthew Shepard Hate Crimes Prevention Act - (Sec. 4703) Adopts the definition of "hate crime" as set forth in the Violent Crime Control and Law Enforcement Act of 1994 (i.e., a crime in which the defendant intentionally selects a victim or, in the case of a property crime the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person).
(Sec. 4704) Authorizes the Attorney General to: (1) provide state, local, or tribal law enforcement agencies with technical, forensic, prosecutorial, or other assistance in the investigation or prosecution of violent crimes and hate crimes; and (2) award grants to assist such agencies with the extraordinary expenses associated with the investigation and prosecution of hate crimes. Limits grant amounts to $100,000 per jurisdiction in a one-year period. Requires a report from the Attorney General to Congress on the application of such grants. Authorizes appropriations.
(Sec. 4705) Authorizes the Office of Justice Programs to award grants to state, local, or tribal programs designed to combat hate crimes committed by juveniles. Authorizes appropriations.
(Sec. 4706) Authorizes appropriations to the Department of Justice (DOJ), including the Community Relations Service, for FY2010-FY2012 to prevent and respond to hate crime acts.
(Sec. 4707) Amends the federal criminal code to prohibit willfully causing bodily injury to any person because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of such person.
(Sec. 4708) Amends the Hate Crimes Statistics Act to expand data collection and reporting requirements under such Act to include: (1) crimes manifesting prejudice based on gender and gender identity; and (2) hate crimes committed by and against juveniles.
(Sec. 4711) Declares that nothing in this Act shall be construed to prohibit the exercise of constitutionally-protected free speech, expression, or association not intended to plan or prepare for an act of violence or incite an imminent act of violence against another.
(Sec. 4712) Provides limitations on federal prosecutions for such violence or hate crimes.
(Sec. 4713) Requires the Attorney General to issue guidelines for hate-crime offenses.
(Sec. 4714) Amends the federal criminal code to prohibit willfully attacking a U.S. servicemember or his or her immediate family member, or destroying or damaging the property of such servicemember or family member, or attempting or conspiring to do either on account of the military service of that serviceman or status of that individual as a U.S. serviceman.
Division F: SBIR/STTR Reauthorization - SBIR/STTR Reauthorization Act of 2009 - Title LI: Reauthorization of the SBIR and STTR Programs - (Sec. 5101) Amends the Small Business Act (the Act) to reauthorize through FY2017 the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs of the Small Business Administration (SBA).
(Sec. 5102) Directs the SBA to maintain an Office of Technology to carry out oversight, reporting, and public database responsibilities as assigned by the SBA Administrator.
(Sec. 5103) Increases by 0.1% per year, from FY2011-FY2020, the percentage of participating federal agencies' extramural research budget to be set aside for SBIR program activities. Requires the Department of Defense (DOD) and Department of Energy (DOE) to use the increased amounts for activities in their departments that further the readiness levels of technologies developed under Phase II SBIR awards.
Sec. 5104) Increases the set-aside allocation under the STTR from 0.3% to 0.6% by increasing such percentage by 0.1% every two years from FY2011-FY2015.
(Sec. 5105) Increases, for both the SBIR and STTR programs, the individual small business award levels from: (1) $100,000 to $150,000, for participation at the Phase I level; and (2) $750,000 to $1 million, for participation at the Phase II level. Changes from every five to every three years the required SBA inflation adjustment of such awards. Prohibits an agency from issuing an SBIR or STTR award if the award size exceeds established guidelines by more than 50%, and requires participating agencies to maintain specified information on awards exceeding such guidelines.
(Sec. 5106) Allows a small business that receives an: (1) SBIR award from one agency to receive an award for a subsequent phase from another agency, as long as the head of each agency determines that the topics of the relevant awards are the same; and (2) award under either the SBIR or STTR program to receive an award for a subsequent phase under either program.
(Sec. 5107) Requires federal agencies to conduct solicitations of Phase II SBIR and STTR proposals without any invitation, pre-screening, pre-selection, or down-selection process between the first and second phases.
(Sec. 5108) Authorizes the Director of the National Institutes of Health (NIH), 30 days after notifying the Administrator and the congressional small business committees, to award up to 18% of NIH SBIR funds to small businesses majority-owned by multiple venture capital companies. Permits other federal agencies to award up to 8% of their SBIR funds to such small businesses. Directs the Administrator to establish requirements relating to the affiliation of small businesses with venture capital companies for such purposes, and requires such small businesses to register with the SBA. Provides for federal agency compliance with such percentage limits. Directs the Administrator to post on the SBA website information on SBIR program affiliation standards.
(Sec. 5109) Requires federal agencies and federal prime contractors, to the greatest extent practicable, to issue Phase III awards relating to technology, including sole source awards, to the SBIR and STTR award recipients that developed the technology.
(Sec. 5110) Authorizes the head of each participating federal agency to issue SBIR and STTR awards to small businesses that have entered, or intend to enter, into a collaborative research and development (R&D) agreement with a federal laboratory or federally funded research and development center. Prohibits a federal agency from: (1) conditioning an award upon entering into such an agreement; (2) approving an agreement if the small business performs a lesser portion of the R&D activities than required by the Act and by SBIR and STTR Policy Directives; or (3) approving an agreement that violates any SBA provision or such Directives. Requires the Administrator to modify such Directives to ensure that small businesses may use the resources of federal laboratories or federally funded research and development centers without entering into such agreements.
(Sec. 5111) Requires any federal agency involved in a judicial or administrative case or controversy concerning the SBIR or STTR program to provide timely notice thereof to the Administrator.
Title LII: Outreach and Commercialization Initiatives - (Sec. 201) Reauthorizes through FY2014 the Federal and State Technology Partnership (FAST) and Rural Outreach programs. Increases the annual authorization for the latter program. Provides reduced matching funds requirements for FAST recipients in rural areas, recipients in one of the states receiving the fewest SBIR Phase I awards, and recipients in rural areas which are also in one of states receiving the fewest number of awards.
(Sec. 5202) Directs the Administrator to establish a SBIR-STEM (science, technology, engineering, and mathematics) workforce development grant pilot program to encourage the business community to provide workforce development opportunities for college students in such fields by providing an SBIR grant to be used for internships. Requires the Administrator to report to Congress on pilot program results. Authorizes appropriations.
(Sec. 5203) Increases the discretionary technical assistance that SBIR and STTR agencies can provide to awardees (by contracting out) from $4,000 to $5,000 for Phase I awards, and from $4,000 to $5,000 per year for Phase II awards. Allows awardees to use such amounts to select their own technical assistance contractor in lieu of the vendor selected by the agency.
(Sec. 5204)Authorizes the Secretary of Defense to establish goals for transitioning Phase III technologies in subcontracting plans for contracts of $100 million or more. Requires the Secretary to: (1) set a goal of increasing the number of Phase II contracts that lead to technology transition into DOD programs of record or fielded systems; (2) use incentives to encourage DOD agency program managers and prime contractors to meet such goal; and (3) include within annual congressional reporting requirements information on the status of projects funded through the Commercialization Pilot Program.
(Sec. 5205) Authorizes the head of each federal agency other than DOD to set aside up to 10% of SBIR and STTR funds for further technology development, testing, and evaluation of SBIR and STTR Phase II technologies. Prohibits a federal agency from establishing a pilot program for such purposes until 90 days after submitting to the Administrator a compelling reason that additional investment in SBIR or STTR technology is necessary. Allows qualifying agencies to make an award for such a pilot program of up to three times the amount generally established for Phase II awards. Provides a matching funds requirement. Requires any applicant receiving an award under such a pilot program to register with the SBA in a publicly-available registry. Terminates at the end of FY2014 the authority to establish such a pilot program.
(Sec. 5206) Requires each federal SBIR/STTR participant to encourage the submission of applications for support of nanotechnology-related projects.
(Sec. 5207) Establishes an advisory board at the National Academy of Sciences (NAS) to conduct periodic SBIR program evaluations in order to improve program management through data-driven assessment. Requires the director of the NIH SBIR program to address gaps and deficiencies in data collection identified in a NAS report assessing the NIH's SBIR program. Authorizes such director to initiate a pilot program to spur innovation and test new strategies that may enhance the development of cures and therapies. Requires such director to report annually to Congress and the advisory board on NIH SBIR activities. Requires such director, to the greatest extent practicable, to reduce to six months the period between Phase I and II funding of grants under the NIH SBIR program. Terminates the requirements of this section five years after the enactment of this Act.
Title LIII: Oversight and Evaluation - (Sec. 5301) Directs the SBA, in currently-required annual reports, to include information on: (1) proposals received from small businesses with venture capital investment; (2) efforts to increase outreach to small businesses owned and controlled by women and socially or economically disadvantaged individuals; (3) implementation and compliance with requirements concerning the allocation of funding to small businesses owned and controlled by multiple venture capital companies; and (4) appeals of Phase III awards, as well as notices of noncompliance with SBIR and STTR Policy Directives. Directs the SBA to coordinate the implementation of electronic databases at participating federal agencies.
(Sec. 5302) Requires agencies with an SBIR or STTR program to annually collect information similar to that outlined above for program assessment purposes.
(Sec. 5304) Requires specified information to be included in public and government databases maintained by the SBA concerning SBIR and STTR awardees.
(Sec. 5306) Directs the Comptroller General (CG), every three years, to: (1) conduct a fiscal and management audit of the SBIR and STTR programs; and (2) report audit results to the small business committees.
(Sec. 5307) Amends the Small Business Reauthorization Act of 2000 to continue NAS evaluation of the SBIR program, as well as reports on such evaluation from the National Research Council to participating agency heads and the small business committees. Requires updates every four years.
(Sec. 5308) Requires the SBA to include in an annual report to Congress specified information on Phase III awards issued by federal agencies participating in the SBIR and STTR programs.
(Sec. 5309) Directs the CG to conduct a study of, and report to the small business committees on, federal agency compliance with data rights and technologies protection for SBIR awardees.
Title LIV: Policy Directives - (Sec. 5401) Requires the Administrator: (1) within 180 days after the enactment of this Act, to promulgate amendments to the SBIR and STTR Policy Directives to conform them to this Act and its amendments; and (2) publish the amended Directives in the Federal Register.
(Sec. 5402) Requires each federal agency participating in the SBIR or STTR program to encourage the submission of applications for the support of projects relating to security, energy, transportation, or improving the security and quality of the U.S. water supply. Terminates such requirement at the end of FY2014.
(Sec. 5403) Directs each federal agency required to participate in the SBIR or STTR program to: (1) develop metrics evaluating the effectiveness and benefit of the program which are scientifically based, reflect the agency's mission, and include factors relating to the economic impact of the programs; (2) conduct an annual evaluation of their SBIR and STTR programs using such metrics; and (3) report each evaluation's results to the Administrator and the small business committees.
(Sec. 5404) Requires competitive and merit-based selection procedures to be used in the award of projects under the SBIR and STTR programs.
Division G: Maritime Administration Authorization - Title LX: Maritime Administration - Maritime Administration Authorization Act of 2010 - (Sec. 6002) Amends federal transportation law to authorize the Secretary of Transportation (Secretary, for purposes of this Division) to make cooperative agreements to carry out Maritime Administration (MA) and merchant marine programs.
(Sec. 6003) Amends the National Maritime Heritage Act of 1994 to make 25% of the amount credited to the Vessel Operations Revolving Fund that is attributable to the sale of obsolete vessels in the National Defense Reserve Fleet available: (1) to carry out the National Maritime Heritage Grants Program; or (2) for the preservation and presentation to the public of maritime heritage property of the MA.
(Sec. 6004) Authorizes the use of MA funds to pay annual leave balances of former nonappropriated fund instrumentality employees at the U.S. Merchant Marine Academy (Academy) who were terminated or converted to the civil service during FY2009.
(Sec. 6005) Makes permanent (under current law, terminates at the end of academic year 2008-2009) the authority under the Hunter Act to hire adjunct Academy professors.
(Sec. 6006) Requires: (1) midshipman fees collected by the Academy to be credited to the MA's Operation and Training appropriations; and (2) the MA to maintain a separate accounting of all such fee revenues and expenses.
(Sec. 6007) Declares it to be U.S. policy to have U.S. merchant marine of vessels constructed in the United States.
(Sec. 6008) Directs the Secretary, through the MA, to establish a port infrastructure development program for the improvement of port facilities by relieving port congestion, increasing port security, or providing greater access to port facilities. Establishes a Port Infrastructure Development Fund to carry out the program. Authorizes appropriations to the Fund.
(Sec. 6009) Codifies current MA authority to convey obsolete vessels to foreign countries for use in creating artificial reefs.
(Sec. 6010) Removes the requirement that the MA pay student incentive payments at the beginning of the school year (thereby aligning such payments to federal fiscal year funding).
(Sec. 6011) Requires: (1) nonappropriated funds received for Academy master degree programs to be credited to the Operations and Training appropriation; and (2) the Academy Superintendent to maintain a separate accounting of all such fund receipts and expenses.
(Sec. 6012) Directs the Secretary to establish and implement a short sea transportation grant program which will: (1) facilitate and support marine transportation initiatives at the state and local levels; and (2) provide capital funding to address short sea transportation infrastructure and freight transportation needs for ports, vessels, and cargo facilities. Gives program priority to projects that are consistent with the objectives of the short sea transportation initiative and America's Marine Highway Program.
(Sec. 6013) Directs the Secretary to expand the Marine View system (the MA's information system) so that the system is able to identify, collect, integrate, secure, protect, store, and securely distribute information throughout the marine transportation system. Authorizes the MA Administrator to enter into cooperative agreements, partnerships, contracts, and other agreements with industry or other federal agencies to carry out such expansion.
(Sec. 6014) Authorizes appropriations to the Secretary for FY2010 for specified activities of the MA, including: (1) operation and training; (2) maintaining a U.S.-flag merchant fleet; and (3) the disposal of obsolete vessels in the National Defense Reserve Fleet.