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 123STA T . 2 4 23 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9suchf u nd ssh al l be s p ec i ficall y iden t ified in r ec o rds of the A cade m y .’ ’. ( b )CLERICA LA M E ND MEN T . —T he table of sections at the be g in - ning of such chapter is amended by inserting after the item relating to section 2167 the follo w ing new item

‘ 2167a.Def e ns e Cyb e rI n v es tig ati o ns T raining Ac a d e m y admission of p rivate sector civi l ians to receive instr u ction. ’ ’. SEC.902 . ORGANIZ A T IONA L STR U CTURE O F T H E OFFICE OF THE ASSISTANT SECRETAR Y OF D EFENSE FOR HEALTH AFFAIRS AND THE TRICARE M ANAGEMENT ACTI V ITY. (a) R E PO RT RE QU IRED.— N ot later than 1 80 days after the date of the enactment of this Act , the S ecretary of D efense shall submit to the congressional defense committees a report on the organi z a- tional structure of the O ffice of the Assistant Secretary of Defense for H ealth Affairs and the TR I CAR EM anagement Acti v ity. (b) ELEMENT S .—The report re q uired under subsection (a) shall include the following: (1) OR G ANI Z ATIONAL C H ARTS.—Organizational charts for both the Office of the Assistant Secretary of Defense for Health Affairs and the TRICARE Management Activity showing, at a minimum, the senior positions in such office and such activity. (2) SENIOR POSITION DESCRIPTIONS.—A description of the policy-ma k ing functions and oversight responsibilities of each senior position in the Office of the Assistant Secretary of Defense for Health Affairs and the policy and program e x ecu- tion responsibilities of each senior position of the TRICARE Management Activity. ( 3 ) P OSITIONS F ILLED BY SAME INDI V IDUAL.—A description of which positions in both organizations are filled by the same individual. ( 4 ) ASSESSMENT.—An assessment of whether the senior personnel of the Office of the Assistant Secretary of Defense for Health Affairs and the TRICARE Management Activity, as currently organized, are able to appropriately perform the discrete functions of policy formulation, policy and program execution, and program oversight. (c) DEFINITIONS.—In this section: (1) SENIOR POSITION.—The term ‘ ‘senior position’’ means a position filled by a member of the senior executive service, a position on the Executive Schedule established pursuant to title 5, U nited States Code, or a position filled by a general or flag officer. (2) SENIOR PERSONNEL.—The term ‘‘senior personnel’’ means personnel who are members of the senior executive service, who fill a position listed on the Executive Schedule established pursuant to title 5, United States Code, or who are general or flag officers. SEC. 90 3 . SENSE OF CONGRESS REGARDING THE DIRECTOR OF O P ER - ATIONAL ENERGY PLANS AND PROGRAMS. (a) F INDINGS.—Congress makes the following findings: (1) The demand for operational energy within the Depart- ment of Defense imposes significant logistical burdens and oper- ational vulnerabilities on the warfighter and increases force protection requirements.


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 123STA T . 2 4 24 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(2)InMarch 2 0 0 8,t h eComp tro l ler G eneral o f the U n i te dS tate s fo u nd that responsi b ilities for operational ener gy strategy, management, and o v ersight w ithin the D epartment are diffused throughout various offices and wor k ing groups, including the O ffice of the Under Secretary of Defense for A c q uisition, T echnology, and L ogistics the Office of the Under Secretary of Defense for P olicy; the Office of the Under Sec - retary of Defense (Comptroller); the Office of Program Analysis and E valuation; the Office of the Chairman of the J oint Chiefs of Staff; the commanders of the combatant commands; and the offices of the Secretaries of the military departments . ( 3 ) The Defense Science B oard ’ s 2008 report titled ‘ ‘More F ight – Less Fuel’’ stated that ‘‘There are currently few efforts to manage energy demand by operational forces, which consume about three quarters of DoD energy, perhaps because no one is in charge. The lowest organi z ational level where all decisions that drive DoD energy use come together is the Deputy Sec- retary of Defense, implying the need for a senior energy official, and oversight of the Department’s energy strategy and program by the Deputy’s Advisory W orking Group (DAWG).’’. ( 4 ) Congress established the Director of Operational Energy Plans and Programs in section 1 3 9 b of title 10, United States Code, to provide leadership, conduct oversight, and be account- able for operational energy plans and programs in the Depart- ment of Defense and the Army, N avy, Air Force, and Marine Corps. ( 5 ) Congress envisioned that the Director would have a direct line of communication with the Secretary of Defense and the Deputy Secretary of Defense, including participation in the Deputy’s Advisory Working Group. ( 6 ) The Department of Defense issued a statement that it ‘‘intends to establish this position as administratively reporting to the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT & L)), and this official would report directly to the Secretary of Defense on issues related to Operational Energy’’. (b) S ENS E OF CON GR ESS. — It is the sense of Congress that the Director of Operational Energy Plans and Programs should report directly to the Secretary of Defense on issues related to operational energy and be included as a fully participating member of the Advisory Working Group of the Deputy Secretary of Defense. SEC.904 . IN C R E A SE DFL E X I B ILI TY F O RCO M BATANT COMMANDER INI - TIATI V EF U ND. (a) IN C RE A SE I NF U N D ING LI M I T ATIONS.—Subparagraph (A) of section 166a(e)(1) of title 10, United States Code, is amended— (1) by striking ‘‘ $ 10,000,000’’ and inserting ‘‘$20,000,000’’; and (2) by striking ‘‘$15,000’’ and inserting ‘‘the investment unit cost threshold in effect under section 2245a of this title’’. (b) COORDINATION WIT HR E L E V ANT CHIEF OF MISSION.—Para- graph (6) of section 166a(b) of such title is amended by inserting after ‘‘assistance,’’ the following ‘‘in coordination with the relevant chief of mission to the e x tent practicable,’’.

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 123STA T . 2 4 2 5PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9SEC.905 . R E P E ALOF RE QUI RE M E NT FOR A D EPUT Y UNDER SEC - RETARY OF DEFENSE FOR TEC H NOLO G Y SECURITY POLICY W ITHIN THE OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR POLICY. (a)REP E ALOF RE QUIR E M E NT FOR P O S ITION .— ( 1 ) REPEAL.— Section 1 34b o f tit l e1 0,U nite d State sC ode, is r e p ealed. ( 2 ) CLERI C AL AMEN D MENT.— Th e table of sections at the be g inning of chapter 4 of s u ch title is a m ended b y stri k ing the item relating to section 134b. (b) PRIOR N OTIFICATION OF C H AN G E IN REPORTING RELATION - SHIP FOR THE D EFENSE TECHNOLOG Y SECURITY A DMINISTRATION.— The Secretary of Defense shall ensure that no co v ered action is taken until the e x piration of 30 legislative days after providing notification of such action to the Committees on Armed Services of the Senate and the H ouse of Representatives. (c) CO V ERED ACTION DEFINED.— I n this section, the term ‘ ‘cov- ered action ’ ’ means— (1) the transfer of the Defense Technology Security Administration to an Under Secretary or other office of the Department of Defense other than the Under Secretary of Defense for Policy (2) the consolidation of the Defense Technology Security Administration w ith another office, agency, or field activity of the Department of Defense; or (3) the addition of management layers between the Director of the Defense Technology Security Administration and the Under Secretary of Defense for Policy. SEC. 90 6 . DEPUTY UNDER SECRETARIES OF DEFENSE AND ASSISTANT SECRETARIES OF DEFENSE. (a) DEPUTY UNDER SECRETARIES OF DEFENSE.— (1) IN GENERAL.—Chapter 4 of title 10, United States Code, is amended by adding after section 13 7 the following new section

‘ §137a.DeputyUnd e rS e c retar i e sof Defense ‘‘(a)(1) There are five Deputy Under Secretaries of Defense. ‘‘(2)(A) The Deputy Under Secretaries of Defense referred to in paragraphs (1) through (3) of subsection (c) shall be appointed as provided in the applicable paragraph. ‘‘( B ) The Deputy Under Secretaries of Defense referred to in paragraphs (4) and ( 5 ) of subsection (c) shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. ‘‘(b) E ach Deputy Under Secretary of Defense shall be the first assistant to an Under Secretary of Defense and shall assist such Under Secretary in the performance of the duties of the position of such Under Secretary and shall act for, and exercise the powers of, such Under Secretary when such Under Secretary is absent or disabled. ‘‘(c)(1) O ne of the Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Ac q uisition, Technology, and L ogistics appointed pursuant to section 133a of this title. ‘‘(2) One of the Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Policy appointed pursuant to section 134a of this title.


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 123STA T . 2 4 2 6PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9‘ ‘ (3)Oneofth e D e pu t yU n d e rS e c ret a r i e s is the P rincipa l Deputy Under Secretary of Defense for Personnel and R eadiness appointed pursuant to section 1 3 6 a of this title . ‘‘( 4 ) One of the Deputy Under Secretaries shall b e the Principal Deputy Under Secretary of Defense ( C o m ptroller). ‘‘( 5 ) One of the Deputy Under Secretaries shall be the Principal Deputy Under Secretary of Defense for I ntelli g ence. ‘‘(d) T he Deputy Under Secretaries of Defense ta k e precedence in the Department of Defense after the Secretary of Defense , the Deputy Secretary of Defense, the Secretaries of the military depart - ments, the Under Secretaries of Defense, and the Deputy Chief M anagement Officer of the Department of Defense. ’ ’. ( 2 )D ELAY E D L IM I T ATI ON ONN U M B E R O F DE P UTY UNDER S E C RETARIES OF DEFENSE. —E ffecti v easof J anuary 1, 2 0 11, the five Deputy Under Secretaries of Defense authori z ed by section 13 7 a of title 10, United States Code (as added by paragraph (1)), shall be the only Deputy Under Secretaries of Defense. (3) REPORT ON RE V ISED OR G ANI Z ATIONAL STRUCTURE FOR OSD.— N ot later than March 15, 2010, the Secretary of Defense shall submit to the Committees on A rmed Services of the Senate and the H ouse of Representatives a report setting forth a plan for the realignment of the organizational structure of the Office of the Secretary of Defense to comply w ith the re q uirement in paragraph (2). (b) ASSISTANT SECRETARIES OF DEFENSE.— (1) REDESIGNATION OF DEPUTY UNDER SECRETARY FOR LOGISTICS AND MATERIEL READINESS AS ASSISTANT SECRETARY.— Chapter 4 of such title is further amended— (A) by transferring section 133b to appear after section 13 8 and redesignating such section, as so transferred, as section 138a and ( B ) in such section, as so transferred and redesignated, by striking ‘‘Deputy Under Secretary’’ each place it appears and inserting ‘‘Assistant Secretary’’. (2) ADDITIONAL ASSISTANT SECRETARIES.—Section 138 of such title is amended— (A) by striking subsection (a) and inserting the fol- lowing new subsection (a) ‘‘(a)(1) There are 12 Assistant Secretaries of Defense. ‘‘(2)(A) The Assistant Secretary of Defense referred to in sub- section (b)(7) shall be appointed as provided in that subsection. ‘‘(B) The other Assistant Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.’’; and (B) in subsection (b), by adding the following new para- graphs: ‘‘(6) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Acquisition. The Assistant Secretary of Defense for Acquisition is the principal adviser to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and L ogistics on matters relating to acquisition. ‘‘(7) One of the Assistant Secretaries is the Assistant Secretary of Defense for Logistics and Materiel Readiness appointed pursuant to section 138a of this title. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense Presid e nt.Ef fe c ti v ed a te. 10USC 1 37 a n o te.


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 123STA T . 2 4 2 7PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9forL o gist i c s andM at e rie lR eadiness s h all ha v ethed u ties s p ecified in section 138 a of this title .’ ’. ( c )CONF O RMI N GA N D C LE RI C AL A MENDMEN TS . — (1) CONFORMING AMENDMENTS.— (A) S ection 133a of such title is a m ended— (i) by stri k ing ‘ ‘ D eputy U nder Secretary of Defense for Ac q uisition and T echnology’’ each place it appears and inserting ‘‘ P rincipal Deputy Under Secretary of Defense for Acquisition , Technology, and Logistics’’ and (ii) by striking ‘‘duties relating to acquisition and technology’’ and inserting ‘‘duties’’. ( B ) Section 13 4 a of such title is amended by striking ‘‘Deputy Under Secretary’’ each place it appears and inserting ‘‘Principal Deputy Under Secretary’’. (C) Section 13 6 a of such title is amended by striking ‘‘Deputy Under Secretary’’ each place it appears and inserting ‘‘Principal Deputy Under Secretary’’. ( 2 ) SECTION H EADING AMENDMENTS.— (A) The heading of section 133a of such title is amended to read as follo w s

‘ §13 3 a.Princ i p a lDe p utyU n d er S ecretary of Defen s e for A c q uisition ,T ec h nolo g y, and L ogistics ’ ’. (B) The heading of section 134a of such title is amended to read as follows: ‘‘§ 13 4 a. Principal Deputy Under Secretary of Defense for Policy’’. (C) The heading of section 136a of such title is amended to read as follows: ‘‘§ 13 6 a. Principal Deputy Under Secretary of Defense for Personnel and R eadiness’’. (D) The heading of section 138a of such title, as trans - ferred and redesignated by subsection (b)(1) of this section, is amended to read as follows: ‘‘§ 13 8 a. Assistant Secretary of Defense for Logistics and M ateriel Readiness’’. (3) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 4 of such title is amended— (A) by striking the item relating to section 133a and inserting the following new item: ‘ ‘ 13 3 a.Princ i p a lDe p utyU n d er S ecretary of Defen s e for A c q uisition ,T ec h nolo g y, and L ogistics. ’ ’ (B) by striking the item relating to section 134a and inserting the following new item: ‘‘13 4 a. Principal Deputy Under Secretary of Defense for Policy.’’; (C) by striking the item relating to section 136a and inserting the following new item: ‘‘13 6 a. Principal Deputy Under Secretary of Defense for Personnel and R eadiness.’’;


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 123STA T . 2 4 2 8PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(D)byinsert in gaf ter t h e ite m re l ating t o se c tion 137 the follo w ing new item

‘ 137a.DeputyUnd e rS e c retar i e sof Defense. ’ ’ and ( E ) by inserting after the item relating to section 13 8 the following new item: ‘‘13 8 a. A ssistant Secretary of Defense for L o g istics and M aterie lR eadiness.’’. ( d )E XECUTIV E S C H E D U L E MA TTE RS.— (1) L EVEL III.—Section 5 31 4 of title 5 ,U nited States C ode, is amended by stri k ing the item relating to the De pu ty Under Secretary of Defense for A c q uisition and T echnology and inserting the following new item: ‘ ‘ P rincipal Deputy Under Secretary of Defense for Acquisi - tion, Technology, and Logistics. ’ ’. ( 2 ) LEVEL IV.—Section 5315 of such title is amended— (A) by striking the item relating to the Assistant Secre- taries of Defense and inserting the following new item: ‘‘Assistant Secretaries of Defense (12).’’ and ( B ) by striking the items relating to the Deputy Under Secretary of Defense for Policy, the Deputy Under Secretary of Defense for Personnel and R eadiness, and the Deputy Under Secretary of Defense for Logistics and Materiel Readiness and inserting the following new items: ‘‘Principal Deputy Under Secretary of Defense for Policy. ‘‘Principal Deputy Under Secretary of Defense for Personnel and Readiness. ‘‘Principal Deputy Under Secretary of Defense (Comp- troller). ‘‘Principal Deputy Under Secretary of Defense for I ntel- ligence.’’. (e) I N A P PLICA B ILIT YOF APPOINT M ENT RE Q UIREMENTS TO CER- TAIN INDIVIDUALS SERVIN G ON DATE OF ENACTMENT.— (1) IN GENERAL.— N otwithstanding the amendments made by this section, the indi v idual serving in a position specified in paragraph (2) on the day before the date of the enactment of this Act may continue to serve in such position without the requirement for appointment by the President, by and with the advice and consent of the Senate, for a period of up to four years after the date of the enactment of this Act. (2) COVERED POSITIONS.—The positions specified in this paragraph are the following: (A) The Principal Deputy Under Secretary of Defense (Comptroller). (B) The Principal Deputy Under Secretary of Defense for Intelligence. Subti t leB— S pac e A cti v itie sSEC.91 1.S UBMI SSI ONA N DR E V IE W O F S P ACE SCIENCE AND T EC H- NO L O GY STRATEGY. (a) STRATEGY.— (1) DIRECTOR OF NATIONAL INTELLIGENCE.—Paragraph (1) of section 2272(a) of title 1 0, United States Code, is amended by striking ‘‘The Secretary of Defense shall develop’’ and 10USC 1 37anote.


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 123STA T . 2 4 2 9PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 insert in g‘ ‘ Th e S e c ret a r yofD efense an d the Director of N ationa lI ntelligence shall j ointly de v elo p’ ’ .(2)REQUIR E M E NTS . —P aragraph (2) of s u ch section is a m ended b y adding at the end the follo w ing new subparagraph ‘‘(D) The process for transitioning space science and tech - nology programs to new or e x isting space ac q uisition pro- grams.’’. ( 3 )SU B MISSI O NTO C ON G RESS.—Paragraph ( 5 ) of such sec- tion is amended to read as follows: ‘‘(5) The Secretary of Defense and the Director of National Intelligence shall biennially submit the strategy developed under paragraph ( 1 ) to the congressional defense committees every other year on the date on which the President submits to C ongress the budget for the next fiscal year under section 11 0 5 of title 31.’’. ( 4 ) INITI AL RE P ORT.—The first space science and technology strategy required to be submitted under paragraph (5) of section 22 7 2(a) of title 10 ,U nited States Code, as amended by para- graph (3) of this subsection, shall be submitted on the date on which the President submits to Congress the budget for fiscal year 2012 under section 1105 of title 31, United States Code. (b) G O V ERNMENT A CCOUNTABILIT YOF FICE REVIE W OF STRATEGY.— (1) REVIEW.—The Comptroller General shall review and assess the first space science and technology strategy submitted under paragraph (5) of section 2272(a) of title 10, United States Code, as amended by subsection (a)(3) of this section, and the effectiveness of the coordination process required under section 2272(b) of such title. (2) REPORT.—Not later than 9 0 days after the date on which the Secretary of Defense and the Director of National Intelligence submit the first space science and technology strategy required to be submitted under paragraph (5) of section 2272(a) of title 10, United States Code, as amended by sub- section (a)(3) of this section, the Comptroller General shall submit to the congressional defense committees a report con- taining the findings and assessment under paragraph (1). SEC.912 . PROVI SIO N O F SP A CE SI TU ATIONA L A W ARENESS SERVICES AN D INFOR M ATION TO NON - UNITED STATES G OVERNMENT ENTITIES. (a) IN GENERAL.—Section 2274 of title 10, United States Code, is amended to read as follows: ‘ ‘ §2 2 74.Spacesitu ati on a l a w a r eness ser v ices an d in f or m a - tion provision to non- U nited States G overnment entities ‘‘(a) AUT H ORITY.—The Secretary of Defense may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities in accordance with this section. Any such action may be ta k en only if the Secretary determines that such action is consistent with the national security interests of the United States. ‘‘(b) E LIGIBLE ENTITIES.—The Secretary may provide services and information under subsection (a) to, and may obtain data 10USC2 2 7 2 note.D e adli ne.


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 123STA T . 2 4 3 0PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9andi n form a t ion u nd e r s u b se c tion ( a ) from , an y non -U nited S tates G o v ernment entity, inc l udin g anyoft h e follo w ing

‘( 1 ) A State . ‘‘( 2 )A p olitical subdivision of a State. ‘‘( 3 ) A United States commercial entity. ‘‘( 4 ) T he government of a foreign country. ‘‘( 5 ) A foreign commercial entity. ‘‘(c) A GRE E M E NT . — The Secretary may not provide space situa- tional awareness services and information under subsection (a) to a non-United States Government entity unless that entity enters into an agreement with the Secretary under which the entity— ‘‘(1) agrees to pay an amount that may be charged by the Secretary under subsection (d) ‘‘(2) agrees not to transfer any data or technical information received under the agreement, including the analysis of data, to any other entity without the e x press approval of the Sec- retary; and ‘‘(3) agrees to any other terms and conditions considered necessary by the Secretary. ‘‘(d) CHA RGE S .—(1) As a condition of an agreement under sub- section (c), the Secretary may (except as provided in paragraph (2)) re q uire the non-United States Government entity entering into the agreement to pay to the D epartment of Defense such amounts as the Secretary determines appropriate to reimburse the Depart- ment for the costs to the Department of providing space situational awareness services or information under the agreement. ‘‘(2) The Secretary may not require the government of a State, or of a political subdivision of a State, to pay any amount under paragraph (1). ‘‘(e) CRE DI TING OFFU NDS R E C EI V ED.—(1) Funds received for the provision of space situational awareness services or information pursuant to an agreement under this section shall be credited, at the election of the Secretary, to the following: ‘‘(A) The appropriation, fund, or account used in incurring the obligation. ‘‘( B ) An appropriate appropriation, fund, or account cur- rently available for the purposes for which the expenditures were made. ‘‘(2) Funds credited under paragraph (1) shall be merged with, and remain available for obligation with, the funds in the appropria- tion, fund, or account to which credited. ‘‘(f) P ROCEDURES.—The Secretary shall establish procedures by which the authority under this section shall be carried out. As part of those procedures, the Secretary may allow space situational awareness services or information to be provided through a con- tractor of the Department of Defense. ‘‘(g) I MMUNIT Y .—The United States, any agencies and instrumentalities thereof, and any individuals, firms, corporations, and other persons acting for the United States, shall be immune from any suit in any court for any cause of action arising from the provision or receipt of space situational awareness services or information, whether or not provided in accordance with this section, or any related action or omission. ‘‘(h) N OTICE OF CONCERNS OF DISC L OSURE OF INFORMATION.— If the Secretary determines that a commercial or foreign entity has declined or is reluctant to provide data or information to the Secretary in accordance with this section due to the concerns of Deadlin e . De t e rm inati o n.


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 123STA T . 2 4 31 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9suchenti t yabo ut the p otentia ld isclosu r eo f such data or infor m a - tion , the S ecretary shall, not later than 60 days after the Secretary ma k es that determination, pro v ide notice to the con g ressional defense committees of the declination or reluctance of such entity .’ ’. ( b )CLERICA L AM E ND MEN T . —T he table of sections at the begin- ning of chapter 135 of such title is amended by striking the item relating to section 2 2 74 and inserting the follo w ing new item

‘ 2 2 74.Spacesitu ati on a l a w a r eness ser v ices an d in f or m ation provision to non -U nited States G overnment entities. ’ ’. (c) EF FECTI V E D ATE.—The amendments made by this section shall take effect on O ctober 1, 200 9, or the date of the enactment of this Act, whichever is later. SEC.913 . MAN A G EMEN T AN DFU ND I NG ST R ATEG Y AND IM PL EMENTA - TI O NPLANFORT H E NATIONAL POLAR-OR B ITING OPER- ATIONAL EN V IRONMENTAL SATELLITE SYSTEM PROGRAM. (a) M ANA G EMENT AND FU NDING STRATEG Y .— (1) I N GENERAL.—The P resident shall develop a strategy for the management and funding of the N ational Polar-Orbiting Operational Environmental Satellite System Program (in this section referred to as the ‘ ‘Program’’) by the Department of Defense, the Department of Commerce, and the National Aero- nautics and Space Administration. (2) ELEMENT S .—The strategy re q uired under paragraph (1) shall include the following: (A) R equirements for the Program. ( B ) The management structure of the Program. (C) A funding profile for the Program for each year of the Program for the Department of Defense, the Depart- ment of Commerce, and the National Aeronautics and Space Administration. (b) IM P LEMENTATI O N PLAN.—The President shall develop a plan to implement the strategy required under subsection (a)(1). (c) L IMITATION ON U SE OF FUNDS.—Of the amounts authori z ed to be appropriated for fiscal year 2010 by section 201(a)(3) for research, development, test, and evaluation for the Air Force and available for the Program— (1) not more than 50 percent of such amounts may be obligated or e x pended before the date on which the strategy developed under subsection (a)(1) is submitted to the congres- sional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science and Technology of the H ouse of Representatives and (2) not more than 75 percent of such amounts may be obligated or expended before the date on which the plan devel- oped under subsection (c) is submitted to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science and Technology of the House of Representatives. (d) SENSE OF CONGRESS.—It is the sense of Congress that once all requirements for the Program are fully agreed to by the Secretary of Defense, the Secretary of Commerce, and the Adminis- trator of the National Aeronautics and Space Administration, the Program should be executed with no modifications to those require- ments that would increase the cost, or extend the schedule, of the Program. Presid e nt. President. 10USC2 2 74 n o te.


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 123STA T . 2 4 32 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Subti t leC—In telli g en c e -R el a te dM atte rsSEC.921 . IN C LU SI O NO FD EFENSE IN T ELLI G ENCE A GENC Y IN AUT H O R ITY TO USE P ROCEEDS FRO M COUNTERINTEL - LIGENCE OPERATIONS. (a)INGE NE RAL.—Section423 o f tit l e 10,U nite d State sC ode, isa m ended by inse r tin g‘ ‘or t h e D efense Intelligence A gency ’ ’ after ‘‘the military de p artments’’ each place it appears in s u bsections (a) and (c). (b) C O N F OR MI N G AMEN D MEN TS .— (1) H EADING AMENDMENT.— T he heading of such section is amended to read as follo w s

‘ §423.Authori t y tou sep ro c ee d s f ro m cou n terinte l li g ence oper a tions of the military departments or the D efense I ntelligence Agency ’ ’. (2) TA B LEOFSE C TIONS.—The table of sections at the begin - ning of chapter 21 of such title is amended by stri k ing the item relating to section 423 and inserting the following new item: ‘ ‘ 423.Authori t y tou sep ro c ee d s f ro m cou n terinte l li g ence oper a tions of the military departments or the D efense I ntelligence Agency. ’ ’. SEC. 922. PLAN TO ADDRESS FOREIGN B ALLISTIC MISSILE INTEL- LIGENCE ANALYSIS. (a) ASSESSMENT AND P LAN.—The Secretary of Defense, in con- sultation with the Director of N ational Intelligence, shall— (1) conduct an assessment of foreign ballistic missile intel- ligence analytic gaps and shortfalls and (2) de v elop a plan to ensure that the appropriate intel- ligence centers have sufficient analytical capabilities to address such gaps and shortfalls. (b) R E P ORT.—Not later than F ebruary 2 8, 2010, the Secretary of Defense shall submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report containing— (1) the results of the assessment conducted under sub- section (a)(1); (2) the plan developed under subsection (a)(2); and (3) a description of the resources re q uired to implement such plan. (c) FORM.—The report under subsection (b) shall be submitted in unclassified form, but may contain a classified anne x . Subtitle D — O t h er Matters SEC. 9 3 1. IMPLEMENTATION STRATEGY FOR DE V ELOPING LEAP- AHEAD CYBER OPERATIONS CAPABILITIES. (a) STRATEG Y REPORT RE QU IRED.—Not later than M arch 1, 2010, the Under Secretary of Defense for Acquisition, Technology, and L ogistics shall submit to the congressional defense committees a report on a strategy for organi z ing the research and development bodies of the Department of Defense to develop leap-ahead cyber operations capabilities.


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 123STA T . 2 4 33 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(b)ELEM E NTS.—Ther e po r t re qui re d b ys ubse c tio n ( a ) sha l l address the f ollo w in g: ( 1 ) A description of the m anagement structure and in v est - ment review process for coordinating the technology develop- ment of advanced offensive and defensive cyber operations capabilities— (A) among the military departments , the D efense Agen- cies, the combatant commands, and the intelligence commu- nity ( B ) across all levels of classification, including relevant special access programs; and ( C ) based on the identification and prioriti z ation of j oint cyber operations capabilities gaps. ( 2 ) Actions ta k en and recommendations for further improving the coordination of research and development of offensive and defensive cyber operations capabilities among private sector, interagency, non-governmental, and inter- national partners. ( 3 ) Assessment of the feasibility and utility of regular national level, joint, interagency cyber e x ercises that would include, to the extent possible, participants from industry, inter- national militaries, and non-governmental organizations to assess technologies, policies, and capabilities. (c) C O O RDI N A TION.—The report required by subsection (a) shall be developed in coordination and concurrence with the V ice Chair- man of the J oint Chiefs of S taff, the U nder Secretary of Defense for I ntelligence, the Under Secretary of Defense for P olicy, the Assistant Secretary of Defense for N etworks and Information Integration, the Director of the National Security Agency, and the commander of the United States Cyber Command. (d) F ORM.—The report required by subsection (a) shall be sub- mitted in unclassified form, but may include a classified annex. (e) C YB ER OP ERATIONS CAPABILITIES DE F INED.—The term ‘ ‘cyber operations capabilities ’ ’ means the range of capabilities needed for computer network defense, computer network attack, and computer network exploitations. Such term includes technical as well as non-materiel solutions. SEC.932 . D E F E N SE I N T E GRA TED M I L ITAR YHU MAN RES O URCES SYSTEM DE V ELO P MENT AND TRANSITION. (a) IN G ENERAL.—The Secretary of Defense shall establish a Defense Integrated M ilitary H uman R esources System development and transition Council to provide advice to the Secretary of Defense and the Secretaries of the military departments on the moderniza- tion of the integrated pay and personnel system for each military department and the collection of data generated by each such system into the enterprise information warehouse. (b) CO U N C IL.—The Council shall include the following members: (1) The Deputy Chief Management Officer of the Depart- ment of Defense. (2) The Director of the Business Transformation Agency. (3) The Under Secretary of Defense for Acquisition, Tech- nology, and L ogistics, or a designated representative. ( 4 ) The Under Secretary of Defense for Personnel and Readiness, or a designated representative. Establi s hmen t .10USC 11 3 n o te.


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 123STA T . 2 4 34 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(5)Oner e p re s en ta t iv e f r om ea ch of the A rm y,N avy, Air F orce, an dM arine C orps w hoisa l ie u tenant g eneral or vice admiral, or a civilian e q uivalent . ( 6 ) One representative of the National G uard B ureau who is a lieutenant general or vice admiral, or a civilian equivalent. ( 7 ) T he Assistant S ecretary of D efense for Networ k s and I nformation Integration, or a designated representative. ( 8 ) The Director of Operational Test and E valuation, or a designated representative. ( 9 ) Such other individuals as may b e designated by the Deputy Secretary of Defense, acting in the Deputy Secretary ’ s capacity as the Chief Management Officer. (c) M E E TINGS . — The Council shall meet not less than twice a year, or more often as specified by the Deputy Secretary of Defense. (d) D U TIES.—The Council shall have the following responsibil - ities ( 1 ) R esolution of significant policy, programmatic, or budg- etary issues impeding moderni z ation or deployment of integrated personnel and pay systems for each military depart- ment, including issues relating to— (A) common interfaces, architectures, and systems engineering (B) ensuring that developmental systems are consistent with current and future enterprise accounting and pay and personnel standards and practices; and (C) ensuring that developmental systems are consistent with current and future Department of Defense business enterprise architecture. ( 2 ) Coordination of implementation of the integrated per- sonnel and pay system within defense organizations to ensure interoperability between all appropriate elements of the system. ( 3 ) Establishment of metrics to assess the following: (A) Business process re-engineering needed for success- ful deployment of the integrated pay and personnel system. (B) Interoperability between legacy, operational, and developmental pay and personnel systems. (C) Interface and systems architecture control and standardization. (D) Retirement of legacy systems. (E) U se of the enterprise information warehouse. (F) Any other relevant matters. ( 4 ) Such other responsibilities as the Secretary determines are appropriate. (e) TE RM IN A TI O N.—This section shall not be in effect after Sep- tember 3 0, 2013. (f) RE P ORT.—Not later than March 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report on actions taken pursuant to this section. SEC.93 3. R E PO R T O N SPEC IAL OPERATIONS CO M MAN D OR G ANI Z A - TION , MANNING, AND MANAGEMENT. (a) REPORT RE Q UIRE D .—Not later than 120 days after the date of the enactment of this Act, the Commander of the United States Special Operations Command shall prepare and submit to the Sec- retary of Defense a report and recommendations, in accordance


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 123STA T . 2 4 3 5PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9with thi s s ec ti on, ontheo rga ni z ation, m anning, an d management o f the command .(b)ELEM E NTS . —T he re p ort re qu ired b y subsection (a) sha l l include the following ( 1 ) A comparison of current and pro j ected fiscal year 20 10 military and ci v ilian end strength levels at special operations command headquarters with fiscal year 2000 levels, both actual and authorized. (2) A comparison of fiscal year 2000 through 2010 special operations command headquarters end strength growth with the growth of each special operations forces component com - mand headquarters over the same time period, both actual and authorized. ( 3 ) A summary and assessment that identifies the resourcing, in terms of manning, training, equipping, and funding, that the U nited S tates Special O perations C ommand provides to each of the theater special operations commands under the geographical combatant commands and a summary of personnel specialties assigned to each such command. ( 4 ) Options and recommendations for reducing staffing levels at special operations command headquarters by 5 and 10 percent, respectively, and an assessment of the opportunity costs and management ris k s associated with each option. (5) R ecommendations for increasing manning levels, if appropriate, at each component command, and especially at Army Special Operations Command. ( 6 ) A plan to sustain the cultural engagement group of Special Operations Command Central. ( 7 ) An assessment of the resourcing requirements to estab- lish capability similar to the cultural engagement group capa- bility at the other theater special operations command locations. ( 8 ) A review and assessment for improving the relationship between the United States Special Operations Command and each of the theater special operations commands under the geographical combatant commands and the establishment of a more direct administrative and collaborative link between them. ( 9 ) A review and assessment of e x isting D epartment of Defense executive agent support to the United States Special Operations Command and its subordinate components, as well as commentary about proposals to use the same executive agent throughout the special operations community. (10) An updated assessment on the specific proposal to provide executive agent support from the Defense L ogistics Agency for the United States Special Operations Command. (11) A recommendation and plan for including international development and conflict prevention representatives as partici- pants in the I nteragency Task F orce process. (c) S UB M I SSI O NO F RE P O R T A N D RE C OMMENDATIONS TO CON G RESSIONAL DEFENSE COMMITTEES.— N ot later than 30 days after the date of the submission of the report and recommendations required under subsection (a) by the Commander of the United States Special Operations Command, the Secretary of Defense shall forward the report and recommendations to the congressional defense committees, together with such additional comments as the Secretary considers appropriate.


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 123STA T . 2 4 3 6PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9SEC.934 .S TUDYON T H E R ECRU I T M ENT , RETENTION, A ND CAREER P RO G RESSION O F UNIFORMED AND CI V I L IAN MILITARY CY B ER OPERATIONS PERSONNEL. (a)REPORT.—Notl at er t h a n one y ear a f ter the d ate of the ena c t m ent of th isA ct , the S ecretary of D efense shall s ub mit to the con g ressional defense committees a re p ort assessing the chal - lenges to retention and professional de v elopment of cyber operations personnel w ithin the Department of Defense. (b) MA TTER S TO B EA D DRESSED.— T he assessment by the Sec- retary of Defense shall address the following matters ( 1 ) The sufficiency of the numbers and types of personnel available for cyber operations, including an assessment of the balance between military and civilian positions and the avail- ability of personnel with e x pertise in matters related to cyber operations from outside of the Department of Defense. ( 2 ) The definition and coherence of career fields for both members of the Armed F orces and civilian employees of the Department of Defense, including the sufficiency of training and experience levels re q uired, and measures to improve them if necessary. ( 3 ) The types of recruitment and retention incentives avail- able to members of the Armed Forces and civilian employees of the Department of Defense. ( 4 ) I dentification of legal, policy, or administrative impedi- ments to attracting and retaining cyber operations personnel. ( 5 ) The standards used by the Department of Defense to measure effectiveness at recruiting, retaining, and ensuring an adequate career progression for cyber operations personnel. ( 6 ) The effectiveness of educational and outreach activities used to attract, retain, and reward cyber operations personnel, including how to expand outreach to academic institutions and improve coordination with other civilian agencies and industrial partners. ( 7 ) The management of educational and outreach activities used to attract, retain, and reward cyber operations personnel, such as the National C enters of Academic E xcellence in Information Assurance Education. ( 8 ) Efforts to establish public-private partnerships to meet the needs of the Department with respect to cyber operations personnel and training. ( 9 ) Recommendations for legislative changes necessary to increase the availability of cyber operations personnel. (c) C YB ER O PERAT I O N S P ERSONNE L DE F INED.—In this section, the term ‘ ‘cyber operations personnel ’ ’ refers to members of the Armed Forces and civilian employees of the Department of Defense involved with the operations and maintenance of a computer net- wor k connected to the global information grid, as well as offensive, defensive, and exploitation functions of such a network. SEC. 93 5 . PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED AIRCRAFT SYSTEMS. (a) IN G ENERAL.—The Secretary of Defense and the Secretary of Transportation shall, after consultation with the Secretary of H omeland Security, j ointly develop a plan for providing expanded access to the national airspace for unmanned aircraft systems of the Department of Defense.


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 123STA T . 2 4 3 7PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(b)ELEM E NTS.—Theplanr e qui re d b ys ubse ct i o n (a) shall include the f ollo w in g: ( 1 ) A description of how the D epart m ent of Defense and the Department of Transportation will communicate and cooperate , atthee x ecuti v e, management, and action levels, to provide expanded access to the national airspace for unmanned aircraft systems of the Department of Defense. ( 2 ) S pecific milestones, ta k ing into account the operational and training needs of the Department of Defense and the safety and air traffic management needs of the Department of Transportation, for providing expanded access to the national airspace for unmanned aircraft systems and a transition plan for sites programmed to be activated as unmanned aerial system sites during fiscal years 2 0 10 through 201 5 . ( 3 ) R ecommendations for policies with respect to use of the national airspace, flight standards, and operating proce - dures that should be implemented by the Department of Defense and the Department of Transportation to accommodate unmanned aircraft systems assigned to any State or territory of the U nited States. ( 4 ) An identification of resources required by the Depart- ment of Defense and the Department of Transportation to exe- cute the plan. (c) RE POR T.— N ot later than 1 8 0 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Transportation shall submit a report containing the plan required by subsection (a) to the following committees: (1) The congressional defense committees. (2) The C ommittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and I nfrastructure of the H ouse of Representatives. (3) The Committee on Homeland Security and G overnment Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. TI T LEX—G E N E RA L P R OV I S IONS Subti t leA—F i na n c ial M atte rs Sec .10 01. G eneral trans f er aut ho rit y . Sec. 100 2 . R elationshi p of the q ua d rennial defense re v ie w and the annual bud g et request. Sec. 100 3 . Audit readiness of financial state m ents of the D epartment of Defense. Subtitle B — C ounter - Drug Activities Sec. 1011. U nified counter-drug and counterterrorism campaign in Colombia. Sec. 1012. J oint tas k forces support to law enforcement agencies conducting counter-terrorism activities. Sec. 1013. Reporting requirement on e x penditures to support foreign counter-drug activities. Sec. 101 4 . Support for counter-drug activities of certain foreign governments. Sec. 101 5 . Border coordination centers in Afghanistan and P akistan. Sec. 101 6 . Comptroller General report on effectiveness of accountability measures for assistance from counter-narcotics central transfer account. Subtitle C— N aval V essels and Shipyards Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy. Sec. 1022. Designation of U.S.S. Constitution as America ’ s Ship of State. Sec. 1023. T emporary reduction in minimum number of operational aircraft car- riers. Sec. 1024. Sense of Congress concerning the disposition of Submarine NR – 1.


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 123STA T . 2 4 3 8PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9Subti t leD—M i sc ell an e o us R e q ui r e m ents ,A ut h orities, an dL imitations Sec .103 1. P rohibition relatin g to p ropaganda. Sec. 103 2 . Responsibilit yf or preparation of biennial global positioning system re - port. Sec. 1033. Reports on band w idth requirements for ma j or defense acquisition pro- grams and major system acquisition programs. Sec. 103 4 . Additional duties for ad v isory panel on Department of Defense capabili- ties for support of civil authorities after certain incidents. Sec. 103 5 . C harter for the N ational Reconnaissance O ffice. Sec. 103 6 . National strategic five-year plan for improving the nuclear forensic and attribution capabilities of the U nited States. Sec. 103 7 . Authori z ation of appropriations for payments to Portuguese nationals employed by the Department of Defense. Sec. 103 8 . Prohibition on interrogation of detainees by contractor personnel. Sec. 103 9 . Notification and access of I nternational Committee of the Red Cross with respect to detainees at T heater Internment F acility at B agram Air Base, Afghanistan. Sec. 1040. No Miranda W arnings for Al Q aeda Terrorists. Sec. 1041. Limitation on use of funds for the transfer or release of individuals de- tained at United States Naval Station, G uantanamo Bay, Cuba. Sec. 1042. Additional subpoena authority for the Inspector General of the Depart- ment of Defense. Sec. 1043. Limitations on modifications of certain Government furnished equip- ment one-time authority to transfer certain military prototype. Subtitle E —Studies and Reports Sec. 1051. Report on statutory compliance of the report on the 2009 quadrennial defense review. Sec. 1052. Report on the force structure findings of the 2009 quadrennial defense review. Sec. 1053. Annual report on the electronic warfare strategy of the Department of Defense. Sec. 1054. Study on a system for career development and management of inter- agency national security professionals. Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear-weapons states and countries not par- ties to the Nuclear Non-Proliferation Treaty, and certain foreign per- sons. Sec. 1056. Comptroller General review of Department of Defense spending in final fiscal quarters. Sec. 1057. Report on Air America. Sec. 1058. Report on defense travel simplification. Sec. 1059. Report on modeling and simulation technological and industrial base. Sec. 1060. Report on enabling capabilities for special operations forces. Sec. 1061. Additional members and duties for the independent panel to assess the quadrennial defense review. Sec. 1062. Congressional earmar k s relating to the Department of Defense. Sec. 1063. Report on basing plans for certain United States geographic combatant commands. Subtitle F—Other Matters Sec. 1071. E x tension of certain authority for making rewards for combating ter- rorism. Sec. 1072. Business process reengineering. Sec. 1073. Technical and clerical amendments. Sec. 1074. Extension of sunset for congressional commission on the strategic pos- ture of the United States. Sec. 1075. Combat air forces restructuring. Sec. 1076. Sense of Congress regarding carrier air wing force structure. Sec. 1077. Department of V eterans Affairs use of service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabil- ities. Sec. 1078. Plan for sustainment of land-based solid rocket motor industrial base. Sec. 1079. J ustice for victims of torture and terrorism. Sec. 1080. Requirement for videotaping or otherwise electronically recording stra- tegic intelligence interrogations of persons in the custody of or under the effective control of the Department of Defense. Sec. 1081. Modification of pilot program on commercial fee-for-service air refueling support for the air force. Sec. 1082. Multiyear contracts under pilot program on commercial fee-for-service air refueling support for the Air Force.


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 123STA T . 2 4 3 9PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 Sec.1083 . Dis c lo s ur eo fnam esofs t u d ents and instructors at W estern H emis ph ere I nstitute for Securit yC ooperation. Sec. 108 4 . Sense of Con g ress regarding the Western Hemisphere Institute for Secu - rity Cooperation. Subti t leA—F i na n c ial M atte rsSEC.10 01. G E N E RALT RANS F ERA U T HO R I T Y . (a)AUTHORI T Y TO T R ANSFE R AUTHORI Z ATIONS .— ( 1 ) AUTHORITY.— Upondet e rmi nation by t h e S e c retary o fD efen s ethats u ch action is necessary in the nationa l interest , the Secretary may transfer amounts of authori z ations made a v ailable to the Department of Defense in this division for fiscal year 20 10 bet w een any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be mer g ed with and be available for the same purposes as the authorization to which transferred. (2) L I M ITATION.— Ex cept as provided in paragraph ( 3 ), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4 ,000,000,000. (3) E XC E P TION FOR TRANSFERS B ET W EEN MI L ITARY PER - SONNEL AUTHORIZATIONS.—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) LIMITATIONS.—The authority provided by this section to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred and (2) may not be used to provide authority for an item that has been denied authorization by C ongress. (c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount e q ual to the amount transferred. (d) N OTICE TO CON G RESS.—The Secretary shall promptly notify Congress of each transfer made under subsection (a). SEC. 100 2 . RELATIONSHI P OF THE Q UA D RENNIAL DEFENSE RE V IE W AND THE ANNUAL B UDGET REQUEST. Section 11 8 of title 10, United States Code, is amended by adding at the end the following new subsection

‘(h) R ELATIONSHIP TO B U D GET.—Nothing in this section shall be construed to affect section 110 5 (a) of title 31. ’ ’. SEC. 100 3 . AUDIT READINESS OF FINANCIAL STATE M ENTS OF THE DEPARTMENT OF DEFENSE. (a) F INANCIAL IMPRO V EMENT AUDIT READINESS P LAN.— (1) IN GENERAL.—The Chief M anagement O fficer of the Department of Defense shall, in consultation with the Under Secretary of Defense (Comptroller), develop and maintain a plan to be k nown as the ‘‘Financial Improvement and Audit Readiness Plan’’. (2) ELEMENTS.—The plan required by paragraph (1) shall— (A) describe specific actions to be taken and the costs associated with— 10USC2 222 note.


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 123STA T . 2 4 4 0PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(i)cor r e c t i ng t h e f in a ncia lm anagement d efi - ciencie s that im p air the a b ilit y of the D epartment of Defense to prepare timely , reliable, and complete finan- cial management information and (ii) ens u ring the financial statements of the Department of Defense are v alidated as ready for audit by not later than S eptember 30, 2 0 17 ( B ) systematically tie the actions described under subparagraph ( A ) to process and control improvements and business systems moderni z ation efforts described in the business enterprise architecture and transition plan re q uired by section 2222 of title 10, U nited States C ode; (C) prioritize — (i) improving the budgetary information of the Department of Defense, in order to achieve an unquali- fied audit opinion on the Department ’ s statements of budgetary resources; and (ii) as a secondary goal, improving the accuracy and reliability of management information on the Department’s mission-critical assets (military and gen- eral equipment, real property, inventory, and operating materials and supplies) and validating its accuracy through e x istence and completeness audits; and (D) include interim goals, including— (i) the ob j ective of ensuring that the financial state- ment of each of the Department of the Army, the Department of the N avy, the Department of the Air F orce, and the Defense L ogistics Agency is validated as ready for audit and (ii) a schedule setting forth milestones for elements of the military departments and financial statements of the military departments to be made ready for audit as part of the progress required to meet the objectives established pursuant to clause (i) of this subparagraph and clause (ii) of subparagraph (A) of this paragraph . (b) S EMI - AN N U A LR E PORTS ON FINAN C IAL I MPRO V EMENT AN D AUDIT READINESS P LAN.— (1) IN G ENERAL.—Not later than M ay1 5 and November 15 each year, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees a report on the status of the implementation by the Department of Defense of the Financial Improvement and Audit Readiness Plan required by subsection (a). (2) E LEMENTS.—Each report under paragraph (1) shall include, at a minimum— (A) an overvie w of the steps the Department has ta k en or plans to take to meet the objectives specified in sub- section (a)(2)(A), including progress toward achieving the interim goals and milestone schedule established pursuant to subsection (a)(2)(D); and (B) a description of any impediments identified in the efforts of the Department to meet such objectives, and of the actions the Department has taken or plans to take to address such impediments. (3) ADDITIONAL ISSUES TO B E ADDRESSED IN F IRST REPORT.— T he first report submitted under paragraph (1) after the date of the enactment of this Act shall address, in addition to the


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 123STA T . 2 4 41 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9el e m e ntsr e qui re dbypa ra g rap h(2), the a c ti o ns ta k enorto be taken by the D epartment as f ollo w s ( A ) T ode v elop standardi z ed guidance for financial improvement plans by components of the Department . ( B ) To establish a baseline of financial management capabilities and weaknesses at the component level of the Department. ( C ) To provide results - oriented metrics for measuring and reporting quantifiable results toward addressing finan- cial management deficiencies. (D) To define the oversight roles of the Chief M anage- ment O fficer of the Department of Defense, the chief management officers of the military departments, and other appropriate elements of the Department to ensure that the requirements of the F inancial I mprovement and Audit R eadiness P lan are carried out. ( E ) To assign accountability for carrying out specific elements of the Financial Improvement and Audit Readi- ness Plan to appropriate officials and organizations at the component level of the Department. (F) To develop mechanisms to track budgets and e x penditures for the implementation of the requirements of the Financial Improvement and Audit Readiness Plan. ( G ) To develop a mechanism to conduct audits of the military intelligence programs and agencies and to submit audited financial statements for such agencies to Congress in a classified manner. (c) R ELATIONSH I P TOE X ISTIN GL A W . — The requirements of this section shall be implemented in a manner that is consistent with the requirements of section 10 0 8 of the N ational Defense Authoriza- tion Act for Fiscal Y ear 2002 (Public Law 10 7– 107 11 5S tat. 120 4 10 U .S.C. 2222 note). Subti t leB—Co u n te r-D ru gAc ti v itie sSEC.10 11. UNIF IE D C O UN T E R- DRU GA ND COUNTERTERRORIS M CAM- P AIGN IN CO L OM B IA. Section 1021 of the Ronald W . Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108– 3 75; 118 Stat. 2042), as most recently amended by section 1023 of the Duncan H unter National Defense Authorization Act for Fiscal Year 200 9 (Public Law 110–417; 122 Stat. 458 6 ), is further amended— (1) in subsection (a), by striking ‘ ‘2009 ’ ’ and inserting ‘‘2010’’; and (2) in subsection (c), by striking ‘‘2009’’ and inserting ‘‘2010’’. SEC. 101 2 . J OINT TAS K FORCES SUPPORT TO LA W ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTI V I- TIES. (a) EXTENSION O F A U THO R IT Y .—Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108– 136; 10 U.S.C. 371 note), as most recently amended by section 1022 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), is further amended by striking ‘‘2009’’ and inserting ‘‘2010’’.


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 123STA T . 2 4 42 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(b)AN N UALREPORT.—Su b section (c) o f section 102 2oft h e Na tiona lD efense Autho r i z ation Act for F iscal Y ear 200 4 (10 U .S. C . 37 1note)isa m en d ed to read as follo w s

‘(c) ANNUAL REPORT.—Not later than December 31 of each y ear after 200 8 in which the authority in subsection (a) is in effect , the Secretary of Defense shall submit to Con g ress a re p ort setting forth, for the one - year period ending on the date of such report, the following: ‘‘(1) An assessment of the effect on counter-drug and counter-terrorism acti v ities and ob j ectives of using counter- drug funds of a joint tas k force to provide counterterrorism support authorized by subsection (a). ‘‘(2) A description of the type of support and any recipient of support provided under subsection (a). ‘‘(3) A list of current joint task forces conducting counter- drug operations. ’ ’. SEC.10 1 3 . R E PO R TING RE QU IRE M ENTONE X PEN D ITURES TO SUP - PORT F OREIGN COUNTER-DRUG A CTI V ITIES. Section 1022(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by P ublic L aw 10 6– 3 9 8 114 Stat. 16 5 4A–255), as most recently amended by section 1021 of the Duncan H unter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), is further amended by striking ‘‘April 15, 2006’’ and all that follows through ‘‘February 15, 2009’’ and inserting ‘‘Feb- ruary 15, 2010’’. SEC. 101 4 . SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS. (a) I N G ENERAL.—Subsection (a)(2) section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105– 85; 111 Stat. 1881), as most recently amended by section 1024(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4587), is further amended by striking ‘‘2009’’ and inserting ‘‘2010’’. (b) M A XIM UM AMOUNT O F SUPPORT.—Subsection (e)(2) of such section is amended by striking ‘‘fiscal year 2009’’ and inserting ‘‘either of fiscal years 2009 and 2010’’. (c) CON D ITION S ON PRO V ISION OF SUPPORT.—Subsection (f)(2) of such section is amended in the matter preceding subparagraph (A) by striking ‘‘for fiscal year 2009 to carry out this section and the first fiscal year in which the support is to be provided’’ and inserting ‘‘and available for support’’. (d) COUNTER-DRU G PLAN.—Subsection (h) of such section is amended— (1) in the matter preceding paragraph (1), by striking ‘‘fiscal year 2009’’ and inserting ‘‘for each fiscal year’’; and (2) in paragraph (7), by striking ‘‘fiscal year 2009, and thereafter, for the first fiscal year in which support is to be provided’’ and inserting ‘‘each fiscal year in which support is to be provided to a government’’. SEC. 101 5 . B ORDER COORDINATION CENTERS IN AFG H ANISTAN AND PA K ISTAN. (a) PRO H I B ITION ON USE OF COUNTER-NAR C OTIC ASSISTANCE FOR B ORDER COORDINATION CENTERS.—


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 123STA T . 2 4 43 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(1)PROHIB I T IO N.—Amountsav a il a b l ef o rd ru g interdi c tion and counter - drug activities of t h e D e p artment of Defense ma y notbee x pended for the construction , expansion, repair, or operation and maintenance of any existing or proposed border coordination center. ( 2 ) RULE O FC ON S TRUCTION.—Paragraph (1) does not pro- hibit or limit the use of other funds available to the Department of Defense to construct, expand, repair, or operate and maintain border coordination centers. (b) L I M IT A TION ON E STABLISHMENT OF A D DITIONAL C ENTERS.— (1) LIMITATION.— T he S ecretary of Defense may not authori z e the establishment, or any construction in connection w ith the establishment, of a third border coordination center in the area of operations of Regional Command – East in the I slamic Republic of Afghanistan until a border coordination center has been constructed, or is under construction, in either— (A) the area of operations of Regional Command–South in the Islamic Republic of Afghanistan or ( B ) Baluchistan in the Islamic Republic of Pa k istan. (2) N ATIONAL SECURIT YW AI V ER.—The Secretary may waive the limitation under paragraph (1) if the Secretary determines that such a waiver is vital to the national security interests of the U nited States. The Secretary shall promptly submit to Congress notice in writing of any waiver under this para- graph. (c) BORDER COORDINATION CENTER DEFINED.—In this section, the term ‘ ‘border coordination center ’ ’ means a multilateral military coordination and intelligence center that is located, or intended to be located, near the border between the Islamic Republic of Afghanistan and the Islamic Republic of Pakistan. SEC.10 1 6 .C OMPTR O L LER G E N ER A L REPORT ON E F FECT IV ENESS OF ACCO U NTA B ILIT Y MEASURES FOR ASSISTANCE FROM COUNTER - NARCOTICS CENTRAL TRANSFER ACCOUNT. (a) RE P ORT RE Q UIRED.—Not later than 1 80 days after the date of the enactment of this Act, the Comptroller G eneral shall submit to the congressional defense committees a report on the performance evaluation system used by the Secretary of Defense to assess the effectiveness of assistance provided for foreign nations to achieve the counter-narcotics ob j ectives of the Department of Defense. The report shall be unclassified, but may contain a classified annex. (b) ELEMENTS.—The report re q uired by subsection (a) shall contain the following (1) A description of the performance evaluation system of the Department of Defense used to determine the efficiency and effectiveness of counter-narcotics assistance provided by the Department of Defense to foreign nations. (2) An assessment of the ability of the performance evalua- tion system to accurately measure the efficiency and effective- ness of such counter-narcotics assistance. ( 3 ) Detailed recommendations on how to improve the capacity of the performance evaluation system for the counter- narcotics central transfer account. Notice.D ete rm i na tion.


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 123STA T . 2 4 44 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Subti t leC—Nav al V e s sels a nd S h i py a r ds SEC.102 1. SE N SE OF CON GR ESS ON TH E MAI NTENANCE OF A 3 13 - SHI P NA VY . (a)FIND IN GS.—Congres s m a k es th e f o l lo wi ng fin d ings ( 1 ) T he D e p artment of the N a vy has a stated re qu irement for a 3 13 - ship fleet. ( 2 ) The Navy c an b etter meet this requirement— ( A ) by procuring sufficient numbers of new ships and ( B ) by ensuring the sound material condition of e x isting ships that will enable the Navy to utili z e them for their full planned service lives. (3) W hen procuring new classes of ships , the Navy must exercise greater caution than it has exhibited to date in pro- ceeding from one stage of the acquisition cycle to the next before a ship program has achieved a level of maturity that significantly lowers the risk of cost growth and schedule slip- page. ( 4 ) I n retaining existing assets, the Navy can do a much better j ob of achieving the full planned service lives of ships and extending the service lives of certain ships so as to keep their unique capabilities in the fleet while the Navy takes the time necessary to develop and field next-generation capabili- ties under a low risk program. ( 5 ) The Navy can undertake certain development approaches that can help the Navy control the total costs of ownership of a ship or class of ships, including emphasizing common hull designs, open architecture combat systems, and other common ship systems in order to achieve efficiency in acquiring and supporting various classes of ships. ( 6 ) The Navy needs to continue its efforts toward achieving an open architecture for existing combat systems, as this will have great benefit in reducing the costs and risks of fielding new classes of ships, and will yield recurring savings from reducing the costs of buying later ships in a program and reducing life cycle support costs for ships and classes of ships. ( 7 ) The Navy can also undertake other measures to acquire new ships and maintain the current fleet with greater effi- ciency, including— (A) greater use of fixed-price contracts; (B) maximizing competition (or the option of competi- tion) throughout the life cycle of its ships; (C) entering into multi-year contracts when warranted; and (D) employing an incremental approach to developing new technologies. (b) SE NSE OF CONG R ESS.—It is the sense of Congress that— (1) the Navy should meet its requirement for a 313-ship fleet until such time that modifications to the Navy ’ s ship fleet force structure are warranted, and the Secretary of the Navy provides Congress with a justification of any proposed modifications, supported by rigorous and sufficient warfighting analysis; (2) the Navy should take greater care to achieve the full planned service life of existing ships and reduce the incidence of early ship decommissioning;


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 123STA T . 2 4 4 5PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(3)theNavys h ould e x e rci se g reater restrai n tonthe ac q uisition p rocess f or ships in order to achieve on - ti m e , on- cost ship b uilding programs and ( 4 ) C ongress should support the Navy w hen it is acting responsibly to underta k e measures that can help the Navy achieve the requirement for a 3 1 3-ship fleet and maintain a fleet that is adequate to meet the national security needs of the U nited S tates .SEC.102 2. D ES IGNAT I O NO FU .S.S. CONSTITUTION AS A M E R ICA ’ SS H I P OF STATE. (a) FIND IN GS . — Congress makes the following findings (1) I n the A ct entitled ‘ ‘An Act to P rovide a Naval Armament ’ ’, approved on M arch 27 ,17 9 4(1Stat.3 50, Chap. X II), the 3rd Congress authori z ed the construction of six frigates as the first ships to be built for the United States Navy. (2) O ne of the six frigates was built in B oston, Massachu- setts, between 1794 and 1797, and is the only one of the original six ships to survive. (3) President G eorge W ashington named this frigate ‘‘Con- stitution’’ to represent the Nation’s founding document. (4) President T homas J efferson, asserting the right of the United States to trade on the high seas, dispatched the frigate Constitution in 1 8 03 as the flagship of the Mediterranean Squadron to end the depredations of the Barbary States against United States ships and shipping, which led to a treaty being signed with the Bashaw of Tripoli in the captain’s cabin aboard the frigate Constitution on June 4, 1805. (5) The frigate Constitution, with her defeat of the H .M.S. Guerriere, secured the first ma j or victory by the young United States Navy against the R oyal Navy during the War of 1812, gaining in the process the nickname ‘‘Old Ironsides’’, which she has proudly carried since. ( 6 ) Congress awarded gold medals to four of the ship’s commanding officers (Preble, Hull, Stewart, and Bainbridge), a record unmatched by any other United States Navy vessel. (7) The frigate Constitution emerged from the War of 1812 undefeated, having secured victories over three additional ships of the Royal Navy. (8) As early as May 1815, the frigate Constitution had already been adopted as a symbol of the young Republic, as attested by the [ Washington ] National Intelligencer which pro- claimed, ‘‘ L et us keep ‘Old Ironsides’ at home. She has, literally become the Nation’s Ship. . . and should thus be preserved . . . in honorable pomp, as a glorious Monument of her own, and our other Naval V ictories.’’. (9) Rumors in 1830 that ‘‘Old Ironsides’’, an aging frigate, was about to be scrapped resulted in a public uproar demanding that the ship be restored and preserved, spurred by Oliver Wendell Holmes’ immortal poem ‘‘Old Ironsides’’. (10) ‘‘Old Ironsides’’ circumnavigated the world between 1844 and 1846, showing the American flag as she searched for future coaling stations that would eventually fuel the steam- powered navy of the United States. (11) The first Pope to set foot on United States sovereign territory was Pius IX onboard the frigate Constitution in 1849.


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 123STA T . 2 4 4 6PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(12)OnApril 2 5, 1 860, ‘ ‘Ol dI r o n s id e s ’ ’e vacu a t edt h e m id - shipmen o f the U nited S tates N aval Academ y from Annapolis, M aryland, to Ne w port, R hode Island, preventin g the young officers and the esteemed ship from falling into C onfederate hands . (1 3 )In18 9 6, Congressman J ohn F .‘‘ H oney Fit z ’’ Fitzgerald introduced legislation to return ‘‘Old Ironsides’’ from the P orts- mouth Naval Shipyard in New Hampshire, where she was moored pier side and largely forgotten, to B oston for her 100th b irthday. (1 4 ) T housands of school children contributed pennies between 1925 an 192 7 to help fund a much needed restoration for ‘‘Old Ironsides’’. (15) Between 1931 and 1934, more than 4,500,000 Ameri- cans gained inspiration, at the depth of the G reat D epression, by going aboard ‘‘Old Ironsides’’ as she was towed to 76 ports on the Atlantic, Gulf, and Pacific coasts. (16) The 83rd Congress enacted the Act of July 23, 1954 (68 Stat. 527, chapter 565), which directed the Secretary of the Navy to transfer to the States and appropriate commissions four other historic ships then on the Navy inventory, and to repair and e q uip the U.S.S. Constitution, as much as prac- ticable, to her original condition, but not for active service. (17) Q ueen E lizabeth II paid a formal visit to the U.S.S. Constitution in 1976, at the start of her state visit mar k ing the bicentennial of the United States. (18) The U.S.S. Constitution, in celebration of her bicenten- nial, returned to sea under sail on July 21, 1997, for the first time since 1881, proudly setting sails purchased by the contributions of thousands of pennies given by school children across the United States. (19) The U.S.S. Constitution is the oldest commissioned warship afloat in the world. (20) The U.S.S. Constitution is a national historic land- mark. (21) The U.S.S. Constitution continues to perform official, ceremonial duties, including in recent years hosting a congres- sional dinner honoring the late Senator John Chafee of Rhode Island, a special salute for the dedication of the John Moakley Federal Courthouse, a luncheon honoring British Ambassador Sir David Manning, and a special underway demonstration during which 60 Medal of Honor recipients each received a personal Medal of Honor flag. (22) The U.S.S. Constitution celebrated on October 21, 2007, the 210th anniversary of her launching. (23) The U.S.S. Constitution will remain a commissioned ship in the United States Navy, with the Navy retaining control of the ship, its material condition, and its employment. (24) The U.S.S. Constitution’s primary mission will remain education and public outreach, and any Ship of State functions will be an ad j unct to the ship’s primary mission. (b) D ESIGNAT I O NASA M E R I C A’S S H I P O F STATE. — (1) IN GENERA L .—The U.S.S. Constitution is hereby des- ignated as ‘‘America’s Ship of State’’. (2) REFERENCES.—The U.S.S. Constitution may be known or referred to as ‘‘America’s Ship of State’’.


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 123STA T . 2 4 4 7PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(3)SENS E OFC ON GR ESS .—Itis t he se n se ofC on gr ess th a t the P resi d ent ,V i c e President, e x ec u ti v e b ranch officia l s, and m embers of Congress should use the U .S.S. Constitution for the conducting of p ertinent matters of state, such as hosting visiting heads of state, signing legislation relating to the A rmed F orces, and signing maritime related treaties. ( 4 )FEEORRE IMBU RSEMEN T STRUCTURE FOR NON -D E PA RT- MENT OF T H ENA VY USE.— T he Secretar y of the N avy shall determine an appropriate fee or reimbursement structure for any non- D epartment of the Navy entities using the U.S.S. Constitution for Ship of State purposes. SEC.1023 . T E MPORA R Y RE DU CT I O N IN MINIMUM NUM B ERO F OPER - ATIONA L AIRCRAFT CARRIERS. (a) TEMPORARY W AIVER.—Not w ithstanding section 5062 (b) of title 1 0, United States Code, during the period beginning on the date of the inactivation of the U.S.S. E nterprise (CVN – 65) sched- uled, as of the date of the enactment of this Act, for fiscal year 2013 and ending on the date of the commissioning into active service of the U.S.S. G erald R . Ford (CVN– 78 ), the number of operational aircraft carriers in the naval combat forces of the Navy may be 10. (b) EVA L UATION AND REPORT.— (1) EVALUATION.—During fiscal year 2012, the Chairman of the J oint Chiefs of Staff, in coordination with the com- manders of the combatant commands, shall evaluate the re q uired postures and capabilities of each of the combatant commands to assess the level of increased ris k that could result due to a temporary reduction in the total number of operational aircraft carriers following the inactivation of the U.S.S. Enter- prise (CVN–65). (2) REPORT TO CONGRESS.—Together with the budget mate- rials submitted to Congress by the Secretary of Defense in support of the President ’ s budget for fiscal year 2013, the Secretary of Defense shall submit to the congressional defense committees a report containing the findings of the evaluation conducted pursuant to paragraph (1), and the basis for each such finding. SEC. 102 4 . SENSE OF CON G RESS CONCERNING T H E DISPOSITION OF SUBMARINE NR – 1. (a) FINDINGS.—Congress makes the following findings (1) The Deep Submergence Vessel NR–1 (hereinafter in this section referred to as ‘ ‘NR–1’’) was built by the Electric B oat Company in Groton, Connecticut, entered service in 1 9 69, and was the only nuclear-powered research submersible in the United States Navy. (2) NR–1 was assigned to Naval Submarine Base New L ondon, located in Groton, Connecticut, throughout her entire service life. (3) NR–1 was inactivated in December 2008. (4) Due to the unique capabilities of NR–1, it conducted numerous missions of significant military and scientific value most notably in the fields of geological survey and oceano- graphic research. (5) In 1986, NR–1 played a key role in the search for and recovery of the Space Shuttle Challenger. Timep e r i od.


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 123STA T . 2 4 4 8PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(6)Themis si on o ft he Sub m ar ine F or c e L ibrar y an dM useum in G roton ,C onnecticut, is to co l lect, p reser v e, and interpret the history of the U nited States N aval Submarine Force in order to honor veterans and to educate naval personnel and the public in the herita g e and traditions of the Submarine Force . ( 7 )N R–1 isauni q ue and irreplaceable part of the history of the Navy and the Submarine Force and an educational and historical asset that should be shared w ith the Nation and the world. (b) S ENS E OF CON GR ESS. —I t is the sense of Congress that— (1) NR–1 is a unique and irreplaceable part of the Nation ’ s history and as much of the vessel as possible should be pre - served for the historical and educational benefit of all A meri- cans at the Submarine Force Library and Museum in Groton, Connecticut and ( 2 ) the Secretary of the Navy should ensure that as much of the vessel as possible, including unique components of on- board equipment and clearly recogni z able sections of the hull and superstructure, to the full e x tent practicable, are made available for transfer to the Submarine Force Library and Museum. Subti t leD—M i sc ell an e o us R e q ui r e m ents ,A ut h orities, an dL imitations SEC.103 1. PROHIB I T IO N RE LA TIN G TO PROPAGAN D A. (a) IN GENER AL .— (1) P RO HIB I T ION.—Chapter 1 34 of title 1 0, United States Code, is amended by inserting after section 2241 the following new section

‘ §2 2 41a.Prohib i t io n on use o f fun d s for p ub l i c it y or propa -g anda purposes w ithin the U nited S tates ‘ ‘Funds available to the D epartment of Defense may not be obligated or expended for publicity or propaganda purposes within the United States not otherwise specifically authorized by law.’’. (2) CLERI C ALA M EN D MENT.—The table of sections at the beginning of subchapter I of such chapter is amended by adding at the end the following new item: ‘ ‘ 2 2 41a.Prohib i t io n on use o f fun d s for p ub l i c it y or propa g anda purposes w ithin the U nited S tates. ’ ’. (b) E FFECTI V E DATE.—Section 2241a of title 10, United States Code, as added by subsection (a), shall ta k e effect on O ctober 1, 200 9, or the date of the enactment of this Act, whichever is later. SEC. 103 2 . RESPONSIBILIT YF OR PREPARATION OF BIENNIAL GLOBAL POSITIONING SYSTE M REPORT. (a) IN GENERAL.—Section 22 8 1(d) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by striking ‘‘the Secretary of Defense’’ and inserting ‘‘the Deputy Secretary of Defense and the Deputy Secretary of Transportation, in their capacity as co-chairs of the 10USC2 2 4 1 anote.


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 123STA T . 2 4 4 9PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 Nation a lExecu ti v e C o m mittee f o rSp ace -B a s e dP ositionin g, Navigation, and T iming, ’ ’ and ( B )by stri k ing ‘ ‘t h e Committee on A rmed Services of the Senate and the Committee on Armed Services of the H ouse of R epresentatives’’ and inserting ‘‘the Commit- tees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services, Energy and Commerce, and Transportation and I nfrastructure of the House of Representatives’’; and ( 2 ) by striking paragraph (2) and inserting the follo w ing new paragraph (2) ‘‘(2) In preparing each report re q uired under paragraph ( 1 ), the D eputy Secretary of Defense and the Deputy Secretary of Transportation, in their capacity as co-chairs of the National Execu- tive Committee for Space-Based Positioning, Navigation, and Timing, shall consult with the Secretary of Defense, the Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security . ’’. (b) T ECHNI C AL A M EN D MEN TS . — Paragraph (1)(B)(ii) of such sec- tion is amended— (1) by inserting ‘‘validated’’ before ‘‘performance require- ments’’; and (2) by inserting ‘‘in accordance with O ffice of M anagement and Budget Circular A – 1 09 ’’ after ‘‘Plan’’. SEC.103 3. R E PO R T SO NBA N DWI DT H RE QU IRE M ENTS F OR MA J OR DEFENSE ACQUISITION PRO G RAMS AND MAJOR S Y STEM ACQUISITION PROGRAMS. Section 10 47 (d) of the Duncan Hunter National Defense Authori z ation Act for F iscal Y ear 2009 (Public L aw 110–417; 122 Stat. 4 6 0 3 U .S.C. 2366b note) is amended to read as follows: ‘‘(d) F OR MAL RE V IE W PROCESS F OR BANDWIDTH RE QU IRE- MENTS.— ‘‘(1) IN G ENERAL.—The Secretary of Defense and the Director of National Intelligence shall, as part of the Milestone Bor K ey Decision Point B approval process for any ma j or defense acquisition program or major system acquisition pro- gram, establish a formal review process to ensure that— ‘‘(A) the bandwidth requirements needed to support such program are or will be met; and ‘‘(B) a determination will be made with respect to how to meet the bandwidth requirements for such program. ‘‘(2) RE P ORTS.—Not later than J anuary 1 of each year, the Secretary of Defense and the Director of National Intel- ligence shall each submit to the congressional defense commit- tees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report on any determinations made under paragraph (1) with respect to meeting the bandwidth require- ments for major defense acquisition programs and major system acquisition programs during the preceding fiscal year.’’. SEC. 103 4 . ADDITIONA L DUTIES FOR AD V ISORY PANEL ON DEPART - MENT OF DEFENSE CAPABILITIES FOR SUPPORT OF CIVIL AUTHORITIES AFTER CERTAIN INCIDENTS. (a) ADDITIONAL DUTIES.—Section 10 8 2(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 181; 122 Stat. 337) is amended— Consulta t i on .
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 123STA T . 2 450PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(1)byred e signat ing p aragrap h s( 7 )and( 8 ) as paragraphs ( 9 )and(1 0 ) , respe c ti v e l y and ( 2 ) by inserting a f ter paragraph ( 6 )thef o llo w ing new para - graphs

‘(7) assess the ade qu acy of the process and m ethodology by which the D epartment of Defense establishes and maintains dedicated, special, and general purpose forces for conducting operations described in paragraph (1); ‘‘(8) assess the adequacy of the resources planned and programmed by the Department of Defense to ensure the preparedness and capability of dedicated, special, and general purpose forces for conducting operations described in paragraph (1); ’ ’ . (b) TECHNI C ALAM EN D MEN TS . —S ection 1082(d) of the N ational Defense Authori z ation Act for F iscal Y ear 2008 ( P ublic L aw 110 – 181; 122 Stat. 3 37) is further amended— (1) in paragraph (1), by stri k ing ‘‘in support to’’ and inserting ‘‘to provide support to’’; (2) in paragraph (2), by striking ‘‘purposes’’ and inserting ‘‘purpose’’; and (3) in paragraph ( 4 ), by striking ‘‘other department’’ and inserting ‘‘other departments’’. SEC.1035 .C HART ER FO R THE N AT I ONA L RECONNAISSANCE OFFICE. Not later than February 1, 2010, the Director of National I ntelligence and the Secretary of Defense shall j ointly submit to the congressional defense committees, the Permanent Select C om- mittee on Intelligence of the H ouse of R epresentatives, and the Select Committee on Intelligence of the Senate a revised charter for the National Reconnaissance O ffice (in this section referred to as the ‘‘NRO’’). The charter shall include the following: (1) The organizational and governance structure of the NRO. (2) The role of the NRO in the development and generation of requirements and acquisition. (3) The scope of the capabilities of the NRO. (4) The roles and responsibilities of the NRO and the relationship of the NRO to other organizations and agencies in the intelligence and defense communities. SEC. 103 6 . NATIONAL STRATE G IC FI V E -Y EAR P LAN FOR I M PROVING THE N U CLEAR FORENSIC AN D ATTRI B UTION CAPABILI- TIES OF THE UNITED STATES. (a) IN G ENE R AL.—The President, with the participation of the officials specified in subsection (c), shall develop a national strategic plan for improving over a five-year period the nuclear forensic and attribution capabilities of the U nited States and the methods, capabilities, and capacity for nuclear materials forensics and attribution. (b) E LEMENTS.—The plan required under subsection (a) shall include the following: (1) An investment plan to support nuclear materials forensics and attribution. (2) Recommendations with respect to— (A) the allocation of roles and responsibilities for pre- detonation, detonation, and post-detonation activities; and Presid e nt.D e a d l ine. 50USC4 0 1 n o te.


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 123STA T . 2 45 1 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(B)methodsf o r the a ttr ibu tio n of nu cl ear or radio - lo g ical material to the source w hen such material is inter- ce p ted b y the U nited S tates , foreign go v ernments, or inter- national bodies or is dispersed in the course of a terrorist attac k or other nuclear or radiological e x plosion . (c) OF F IC I ALS . —T he officials specified in this subsection are the following ( 1 ) The Secretary of H omeland Security. ( 2 ) The Secretary of D efense. ( 3 ) The Secretary of E nergy. ( 4 ) The A ttorney G eneral. ( 5 ) The Secretary of State. ( 6 ) The Director of N ational I ntelligence. ( 7 ) Such other officials as the P resident considers appro- priate. (d) S UBM I T TAL T OC O NGRE SS.—Not later than 1 80 days after the date of the enactment of this Act, the President shall submit to Congress the plan re q uired under subsection (a). SEC.1037 . AUTHORIZ ATIO N O F A P PROPRIATIONS FOR PA YM ENTS TO PORTU G UESE NATIONA L S EMPLOYE DB Y THE DEPART - MENT OF DEFENSE. (a) AUT H ORI Z ATION FOR PA Y MENTS.—Sub j ect to subsection (b), the Secretary of Defense may authori z e payments to Portuguese nationals employed by the Department of Defense in Portugal, for the difference between— (1) the salary increases resulting from section 8002 of the Department of Defense Appropriations Act, 2006 (Public L aw 10 9– 148 119 Stat. 2697; 10 U.S.C. 1584 note) and section 8002 of the Department of Defense Appropriations Act, 2007 (Public Law 109–289; 120 Stat. 1271; 10 U.S.C. 1584 note); and (2) salary increases supported by the Department of Defense Azores F oreign National wage surveys for survey years 2006 and 2007. (b) LIMITATION.—The authority provided in subsection (a) may be exercised only if— (1) the wage survey methodology described in the United States—Portugal Agreement on Cooperation and Defense, with supplemental technical and labor agreements and exchange of notes, signed at Lisbon on J une 1, 1995, and entered into force on November 21, 1995, is eliminated; and (2) the agreements and exchange of notes referred to in paragraph (1) and any implementing regulations thereto are revised to provide that the obligations of the United States regarding annual pay increases are subject to United States appropriation law governing the funding available for such increases. (c) AUTHORIZATION FOR A P PROPRIATION.—Of the amounts authorized to be appropriated under title III, not less than $ 240,000 is authorized to be appropriated for fiscal year 2010 for the purpose of the payments authorized by subsection (a). SEC. 103 8 . PROHIBITION ON INTERROGATION OF DETAINEES BY CON- TRACTOR PERSONNEL. (a) PROHIBITION.—Except as provided in subsection (b), effective one year after the date of the enactment of this Act, no enemy prisoner of war, civilian internee, retained personnel, other Ef f ectiv e da te .10USC2 01 no te. D ead l ine.


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 123STA T . 2 45 2 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9detain ee ,or an y ot h er indi v id u a lw hoi s in the c ustody or under the e f fective control of the D e p art m ent of Defense or otherwise under detention in a Department of Defense facility in connection with hostilities may b e interro g ated by contractor personnel .( b )AUTHORIZEDF U NC TION S O FC ONTR A CTOR P ERSONNE L . — Con - tractor personnel with proper training and security clearances may be used as linguists, interpreters, report writers, information tech- nology technicians, and other employees filling ancillary positions, including as trainers of and advisors to interrogators, in interroga- tions of persons as described in subsection (a) if— ( 1 ) such personnel are sub j ect to the same rules, proce- dures, policies, and laws pertaining to detainee operations and interrogations as apply to government personnel in such posi- tions in such interrogations and ( 2 ) appropriately q ualified and trained military or civilian personnel of the Department of Defense are available to oversee the contractor ’ s performance and to ensure that contractor per- sonnel do not perform activities that are prohibited under this section. (c) DISCHAR G E BYG O V ERN M ENT PERSONNEL.— T he S ecretary of Defense shall ta k e appropriate actions to ensure that, by not later than one year after the date of the enactment of this Act, the Department of Defense has the resources needed to ensure that interrogations described in subsection (a) are conducted by appropriately qualified government personnel. (d) W AIVER.— (1) WAIVERS AUTHORIZED.—The Secretary of Defense may waive the prohibition under subsection (a) for a period of 60 days if the Secretary determines such a waiver is vital to the national security interests of the U nited States. The Sec- retary may renew a waiver issued pursuant to this paragraph for an additional 3 0-day period, if the Secretary determines that such a renewal is vital to the national security interests of the United States. (2) L IMITATION ON DELEGATION.— (A) I N GENERAL.—The waiver authority under para- graph (1) may not be delegated to any official below the level of the Deputy Secretary of Defense, e x cept in the case of a waiver for an individual interrogation that is based on military exigencies, in which case the delegation of the waiver authority shall be done pursuant to regula- tions that the Secretary of Defense shall prescribe but in no instance may the latter delegation be below the level of combatant commander of the theater in which the individual is in the custody or under the effective control of the Department of Defense or otherwise under detention in a Department of Defense facility within that theater. ( B ) DEADLINE FOR REGULATIONS.—The Secretary of Defense shall prescribe the regulations referred to in subparagraph (A) by not later than 30 days after the date of the enactment of this Act. (3) CONGRESSIONAL NOTIFICATION.— N ot later than five days after the Secretary issues a waiver pursuant to paragraph (1), the Secretary shall submit to Congress written notification of the waiver. Deadlin e .T i m e p e r i o d s. De t erminations. Deadline.


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 123STA T . 2 45 3 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9SEC.1039 . NOTIF IC A TION AN D ACCESS OF INTE R NATIONA L CO M- MITTEE OF T H E RED CROSS W ITH RES P ECT TO DETAINEES AT THEATER INTERNMENT FACILIT Y AT B A G RAM AIR BASE , AFGHANISTAN. (a)NOTIF I CA TIO N.—The hea dof a mil i t a rys er v i c eorde p art - me n tthathasc u stody or effective control of the Theater I nternment F acility at B a g ram A ir Base , Afghanistan, or of any individual detained at such facility, shall, upon the detention of any such individual at such facility, notify the International C ommittee of the R ed Cross (referred to in this section as the ‘ ‘ICRC ’ ’) of such custody or effective control, as soon as practica b le. (b) ACC ES S.— ( 1 ) ICRC ACCESS.—The head of a military service or depart- ment w ith effective control of the Theater Internment Facility at Bagram Air Base, Afghanistan, shall— (A) endeavor to ensure prompt ICRC access to any individual described in subsection (a) upon receipt by such head of an ICRC re q uest to visit the detainee, pursuant to subsection (a) or (B) if access to a such individual is temporarily denied asane x ceptional measure, due to reasons of imperative military necessity, as soon thereafter as practicable, con- sistent with Article 1 26 of the G eneva Convention Relative to the Treatment of P risoners of W ar, done at Geneva on August 12, 1 94 9(6 US T 3 316), but normally no later than the next regularly scheduled ICRC visit. (2) P R OTOCO L SAN D A G REE M ENTS.—Such access to the indi- vidual shall continue pursuant to ICRC protocols and agree- ments reached between the ICRC and the head of a military service or department with effective control over the Theater Internment Facility at Bagram Air Base, Afghanistan. (c) SCO P E OF ACCESS.—The ICRC shall be provided access, in accordance with this section, to those physical localities within the Theater Internment Facility at Bagram Air Base, Afghanistan, that are determined to be relevant to the treatment of an individual described in subsection (a), including the individual’s cell or room, interrogation facilities or rooms, hospital or related health care facilities or rooms, and recreation areas. The scope of access described in this subsection shall not be construed to apply to facilities other than the Theater Internment Facility at Bagram Air Base, Afghanistan. (d) EX CEPTION CONSISTENT WIT H THE GENE V A CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR.—Consistent with Article 126 of the Geneva Convention Relative to the Treat- ment of Prisoners of War, access by the ICRC to a detainee as provided for in subsections (b) and (c) may be temporarily denied, as an exceptional measure, for reasons of imperative military neces- sity. (e) CONSTR U CTION.—Nothing in this section shall be construed to— (1) create or modify the authority of the United States Armed Forces, the D epartment of Defense, a Federal law enforcement agency, or the intelligence community to detain an individual under existing law, as of the date of the enact- ment of this Act; or


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 123STA T . 2 45 4 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(2)lim i tor ot he r w i s e af fe c ta ny other ri g htsoro b ligations which may arise u n d er the G ene v a C onventions , other inter - national agreements, or other laws, or to state all of the situa- tions under which notification to and access for the I C R C is re q uired or allowed .SEC.104 0. NOMIRA N D A W ARNIN G S F ORA LQ AEDA T ERRORISTS. (a) NOMIRAND A W ARNIN GS . — ( 1 )ING E NERA L .— A bsent a court order requiring the reading of such statements, no member of the Armed F orces and no official or em p loyee of the D epartment of Defense or a component of the intelligence community (other than the Department of J ustice) may read to a foreign national who is captured or detained outside the U nited S tates as an enemy belligerent and is in the custody or under the effective control of the Department of Defense or otherwise under detention in a Department of Defense facility the statement required by Mirand av. A ri zo na( 384 U.S. 43 6 (1 9 66)), or otherwise inform such an individual of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona (384 U.S. 436 (1966)). (2) NONA P PLI C A B ILI TY TO DEPART M ENT O FJU STICE.— T his subsection shall not apply to the Department of Justice. (3) DEFINITIONS.—In this subsection (A) The term ‘ ‘foreign national ’ ’ means an individual who is not a citi z en or national of the United States. ( B ) The term ‘‘enemy belligerent’’ includes a privileged belligerent against the United States and an unprivileged enemy belligerent, as those terms are defined in section 948a of title 1 0, United States Code, as amended by section 1802 of this Act. (b) REPORT RE Q UIRED ON NOTIFICATION OF DETAINEES OF RIG H TS UNDER MIRAND A V . A RI ZO NA.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on how the reading of rights under Miranda v. Arizona (384 U.S. 436 (1966)) to individuals detained by the United States in Afghani- stan may affect— (1) the tactical questioning of detainees at the point of capture by United States Armed Forces deployed in support of O peration E nduring Freedom (2) post-capture theater-level interrogations and intel- ligence-gathering activities conducted as part of Operation Enduring Freedom; (3) the overall counterinsurgency strategy and ob j ectives of the United States for Operation Enduring Freedom; (4) United States military operations and objectives in Afghanistan; and ( 5 ) potential ris k s to members of the Armed Forces oper- ating in Afghanistan. SEC. 1041. LIMITATION ON U SE OF FUNDS FOR T H E TRANSFER OR RELEASE OF INDI V IDUALS DETAINED AT UNITED STATES NAVAL STATION , GUANTANAMO B A Y , CUBA. (a) RELEASE P ROHIBITION.—During the period beginning on October 1, 2009, and ending on December 31, 2010, the Secretary of Defense may not use any of the amounts authorized to be appropriated in this Act or otherwise available to the Department Timep e r i od.10USC8 01 n o t e.