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 123STA T . 2 609PUBLIC LA W 111 –84—O CT. 28 , 2009 ‘ ‘ (12)CRUELO R INH U MA N T REATMENT .—Anyperso ns ubj e ct tot hi sch a pter w ho subjects another person in their custo d y or under their physica l control , re g ardless o f nationality or physical location, to cruel or inhu m an treatment that con - stitutes a gra v e breach of common Article 3 of the G eneva Conventions shall be punished, if death results to the victim, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to the victim, by such punishment, other than death, as a military commission under this chapter may direct. ‘‘(13) I NTENTIONALL YC AU S IN G SERIOUS B O D ILY IN J URY.— ‘‘(A) OF FENSE.—Any person subject to this chapter who intentionally causes serious bodily injury to one or more persons, including privileged belligerents, in violation of the law of war shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commis- sion under this chapter may direct. ‘‘( B ) S ERIOUS BODILY INJURY DEFINED.—In this para- graph, the term ‘serious bodily injury ’ means bodily injury which involves— ‘‘(i) a substantial ris k of death ‘‘(ii) e x treme physical pain; ‘‘(iii) protracted and obvious disfigurement; or ‘‘(iv) protracted loss or impairment of the function of a bodily member, organ, or mental faculty. ‘‘(1 4 ) M UTILATING OR MAIMING.—Any person subject to this chapter who intentionally injures one or more protected persons by disfiguring the person or persons by any mutilation of the person or persons, or by permanently disabling any member, limb, or organ of the body of the person or persons, without any legitimate medical or dental purpose, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct. ‘‘(1 5 ) MURDER IN V IOLATION OF THE LA W OF WAR.—Any person subject to this chapter who intentionally kills one or more persons, including privileged belligerents, in violation of the law of war shall be punished by death or such other punishment as a military commission under this chapter may direct. ‘‘(1 6 ) D ESTRUCTION OF P ROPERTY IN VIOLATION OF THE LAW OF WAR.—Any person subject to this chapter who intentionally destroys property belonging to another person in violation of the law of war shall punished as a military commission under this chapter may direct. ‘‘(1 7 ) U SING TREACHERY OR PERFIDY.—Any person subject to this chapter who, after inviting the confidence or belief of one or more persons that they were entitled to, or obliged to accord, protection under the law of war, intentionally makes use of that confidence or belief in killing, injuring, or capturing such person or persons shall be punished, if death results


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 123STA T . 2 6 1 0PUBLIC LA W 111 –84—O CT. 28 , 200 9to o ne o rm ore o f t h e vic tim s,byd e a thors u ch other p unish - mentasami l itary commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct .‘ ‘ (18)IMPRO P E R LYUSINGAF LAG OF T RU C E. —A ny person sub j ect to this chapter w ho uses a fla g of truce to feign an intention to negotiate, surrender, or otherwise suspend hos- tilities when there is no such intention shall be punished as a military commission under this chapter may direct. ‘‘(1 9 ) IMPROPERLY USING A D ISTINCTI V EEM B LEM.—Any per- son subject to this chapter who intentionally uses a distinctive emblem recogni z ed by the law of war for combatant purposes in a manner prohibited by the law of war shall be punished as a military commission under this chapter may direct. ‘‘( 20 ) INTENTIONALLY MISTREATING A DEAD BODY.—Any per- son subject to this chapter who intentionally mistreats the body of a dead person, without justification by legitimate mili- tary necessary, shall be punished as a military commission under this chapter may direct. ‘‘(21) R APE.—Any person subject to this chapter who forc- ibly or with coercion or threat of force wrongfully invades the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object, shall be pun- ished as a military commission under this chapter may direct. ‘‘(22) S E X UAL ASSAULT OR ABUSE.—Any person subject to this chapter who forcibly or with coercion or threat of force engages in se x ual contact with one or more persons, or causes one or more persons to engage in sexual contact, shall be punished as a military commission under this chapter may direct ‘‘(2 3 ) H I J AC K ING OR H A Z ARDING A VESSEL OR AIRCRAFT.— Any person subject to this chapter who intentionally seizes, exercises unauthorized control over, or endangers the safe navigation of a vessel or aircraft that is not a legitimate military objective shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct. ‘‘(2 4 ) T ERRORISM.—Any person subject to this chapter who intentionally k ills or inflicts great bodily harm on one or more protected persons, or intentionally engages in an act that evinces a wanton disregard for human life, in a manner cal- culated to influence or affect the conduct of government or civilian population by intimidation or coercion, or to retaliate against government conduct, shall be punished, if death results to one or more of the victims, by death or such other punish- ment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct. ‘‘(2 5 ) P ROVIDING MATERIAL SUPPORT FOR TERRORISM.— ‘‘(A) O FFENSE.—Any person subject to this chapter who provides material support or resources, knowing or

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 123STA T . 2 6 11 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9inte n d in g t ha t the y a r et ob e us ed in p reparation f or , or in c arrying out, an act of terroris m( as set forth in paragraph ( 24) of this section), or w ho intentiona l ly pro -v ides material support or resources to an international terrorist organi z ation engaged in hostilities against the U nited S tates, k nowing that such organization has engaged or engages in terrorism (as so set forth), shall be punished as a military commission under this chapter may direct .‘ ‘( B ) MATERI A LSUP P O RT OR RESOUR C ES D E F I N ED. —I n this paragraph, the term ‘material support or resources ’ has the meaning given that term in section 2 3 3 9A (b) of title 18 . ‘‘(2 6 ) W RON G FULL Y AIDING T H E ENE M Y.—Any person sub j ect to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct. ‘‘(2 7 ) SPYING.—Any person subject to this chapter who, in violation of the law of war and with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign power, collects or attempts to collect information by clandestine means or while acting under false pretenses, for the purpose of conveying such information to an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished by death or such other punishment as a military commission under this chapter may direct. ‘‘(28) ATTEMPTS.— ‘‘(A) IN GENERAL.—Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a military commission under this chapter may direct. ‘‘(B) SCOPE OF OFFENSE.—An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. ‘‘( C ) E FFECT OF CONSUMMATION.—Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated. ‘‘(29) CONSPIRACY.—Any person subject to this chapter who conspires to commit one or more substantive offenses triable by military commission under this subchapter, and who know- ingly does any overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct. ‘‘(3 0 ) SOLICITATION.—Any person subject to this chapter who solicits or advises another or others to commit one or more substantive offenses triable by military commission under this chapter shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or


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 123STA T . 2 6 12 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9advise dis notc o m mitted o r attem p ted , s h a l l b ep u nished as a militar y commission under this chapter may direct .‘ ‘ (31)CONTEMP T. —A military commission under this chapter may punish f or contempt any person w ho uses any menacin g word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. ‘‘(3 2 ) P E RJU R YA N D O BS TRU C T I ONO F JUSTICE.—A military commission under this chapter may try offenses and impose such punishment as the military commission may direct for per j ury, false testimony, or obstruction of justice related to the military commission. ’ ’. SEC.1803 .C ONF O RMI N GA MEN D MEN T S. (a) U NIFORM CODE OF M I L ITARY J USTICE.— (1) PERSONS SUBJECT TO UCMJ.—Paragraph (13) of section 80 2(a) of title 10, United S tates Code (article 2(a) of the Uniform Code of Military Justice), is amended to read as follows ‘‘(13) I ndividuals belonging to one of the eight categories enumerated in Article 4 of the Convention R elative to the T reatment of Prisoners of W ar, done at G eneva August 12, 1 9 49( 6 UST 3316), who violate the law of war.’’. (2) CONSTRUCTION OF MILITARY COMMISSIONS W IT H COURTS - MARTIAL.—Section 839 of such title (article 39 of the Uniform Code of Military Justice) is amended by adding at the end the following new subsection: ‘‘(d) The findings, holdings, interpretations, and other prece- dents of military commissions under chapter 4 7 A of this title— ‘‘(1) may not be introduced or considered in any hearing, trial, or other proceeding of a court-martial under this chapter and ‘‘(2) may not form the basis of any holding, decision, or other determination of a court-martial.’’. (b) APPELLATE RE V IEW UNDER D ETAINEE TREATMENT ACT OF 200 5 .—Section 1005(e) of the Detainee Treatment Act of 2005 (title X of Public L aw 109 – 359; 10 U.S.C. 801 note) is amended by stri k ing paragraph (3). SEC. 180 4 . P ROCEEDINGS U NDER PRIOR STATUTE. (a) PRIOR CONVICTIONS.—The amendment made by section 1802 shall have no effect on the validity of any conviction pursuant to chapter 47A of title 10, United States Code (as such chapter was in effect on the day before the date of the enactment of this Act). (b) COMPOSITION OF MILITARY COMMISSIONS.— N otwithstanding the amendment made by section 1802— (1) any commission convened pursuant to chapter 47A of title 10, United States Code (as such chapter was in effect on the day before the date of the enactment of this Act), shall be deemed to have been convened pursuant to chapter 47A of title 10, United States Code (as amended by section 1802); (2) any member of the Armed F orces detailed to serve on a commission pursuant to chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), shall be deemed to have been detailed pursuant to chapter 47A of title 10, United States Code (as so amended); 10USC948anote.


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 123STA T . 2 6 13 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(3)anymil i t a r y judge detailed t o a c ommi s sion p ursuant toc h apter 47A o f title 10,U nited S tates C ode (as in effect on the day b efore the date of the enactment of this Act), shall be deemed to ha v e been detailed pursuant to chapter 47A of title 10, United States Code (as so amended) (4) any trial counsel or defense counsel detailed for a commission pursuant to chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), shall be deemed to have been detailed pursuant to chapter 47A of title 10, United States Code (as so amended); ( 5 ) any court reporters detailed to or employed by a commis - sion pursuant to chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), shall be deemed to have been detailed or employed pursuant to chapter 47A of title 10, United States Code (as so amended); and ( 6 ) any appellate military judge or other duly appointed appellate judge on the Court of M ilitary Commission R evie w pursuant to chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), shall be deemed to have been detailed or appointed to the United States Court of Military Commission Review pursu- ant to chapter 47A of title 10, United States Code (as so amended) . (c) C HARGES A ND S P E CIF ICA T I O NS. —N otwithstanding the amendment made by section 1 8 0 2 — (1) any charges or specifications sworn or referred pursuant to chapter 47A of title 10, United States Code (as such chapter was in effect on the day before the date of the enactment of this Act), shall be deemed to have been sworn or referred pursuant to chapter 47A of title 10, United States Code (as amended by section 1802); and (2) any charges or specifications described in paragraph (1) may be amended, without prejudice, as needed to properly allege jurisdiction under chapter 47A of title 10, United States Code (as so amended), and crimes triable under such chapter. (d) P ROCED U RES AND RE Q UIRE M ENTS.— (1) I N GENERA L .— Ex cept as provided in subsections (a) through (c) and subject to paragraph (2), any commission con- vened pursuant to chapter 47A of title 10, United States Code (as such chapter was in effect on the day before the date of the enactment of this Act), shall be conducted after the date of the enactment of this Act in accordance with the proce- dures and re q uirements of chapter 47A of title 10, United States Code (as amended by section 1802). (2) T EMPORAR Y CONTINUATION OF PRIOR PROCEDURES AND REQUIREMENTS.—Any military commission described in para- graph (1) may be conducted in accordance with any procedures and requirements of chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), that are not inconsistent with the provisions of chapter 47A of title 10, United States Code, (as so amended), until the earlier of— (A) the date of the submittal to Congress under section 1805 of the revised rules for military commissions under chapter 47A of title 10, United States Code (as so amended); or


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 123STA T . 2 6 1 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(B)theda te that is90 da y sa f te r the date o f the e n a c t m ent of this A ct .SEC.1805 .S UBMIT T AL T O CO NGR ESS O F RE V ISE D RULES FOR MILI - TAR Y COMMISSIONS. (a) DEADLIN E FORSUBM I T TAL. —N ot l ater than 90 days after the date of the enactment of this Act , the Secretary of Defense shall s ub mit to the C ommittees on Armed Ser v ices of the Senate and the H ouse of R e p resentatives the revised rules for military commissions prescribed by the Secretary for purposes of chapter 47 A of title 1 0, U nited States Code (as amended by section 1 8 0 2 ). (b) T REATMENT OF RE V I S ED RULES UNDER RE Q UIREMENT FOR NOTI C E AND W AIT RE G ARDING M ODIFICATION OF RULES.—The revised rules submitted to Con g ress under subsection (a) shall not be treated as a modification of the rules in effect for military commissions for purposes of section 949a(d) of title 10, United States Code (as so amended). SEC. 180 6 . ANNUAL RE P ORTS TO CONGRESS ON TRIALS BY MILITARY COMMISSION. (a) ANNUAL RE P ORTS REQUIRED.—Not later than J anuary 3 1 of each year, the Secretary of Defense shall submit to the Commit - tees on Armed Services of the Senate and the House of Representa- tives a report on any trials conducted by military commissions under chapter 47A of title 10, United States Code (as amended by section 1802), during the preceding year. (b) F ORM.— E ach report under this section shall be submitted in unclassified form, but may include a classified anne x . SEC. 180 7 . SENSE OF CONGRESS ON MILITARY COMMISSION SYSTEM. I t is the sense of Congress that— (1) the fairness and effectiveness of the military commis- sions system under chapter 47A of title 10, United States Code (as amended by section 1802), w ill depend to a significant degree on the ade q uacy of defense counsel and associated resources for individuals accused, particularly in the case of capital cases, under such chapter 47A and (2) defense counsel in military commission cases, particu- larly in capital cases, under such chapter 47A of title 10, United States Code (as so amended), should be fully resourced as provided in such chapter 47A. TI T LEX IX —F E D E RA LE MP L OY EE B E N EFIT SSubti t leA—G e n e ra l P r ov i s ions Se c.190 1. C re d it f or unused sic k leave. Sec. 190 2 . L i m ited e xp ansion of t h e class of individuals eli g ible to receive an actu - ariall y reduced annuity under the Civil Service R etirement System. Sec. 190 3 . Computation of certain annuities based on part-time service. Sec. 190 4 . Authority to deposit refunds under FE RS. Sec. 190 5 . Retirement credit for service of certain employees transferred from D is- trict of Columbia service to Federal service. Subtitle B — N on-Foreign Area Retirement E q uity Assurance Sec. 1911. Short title. Sec. 1912. Extension of locality pay. Sec. 1913. Ad j ustment of special rates. Sec. 1914. T ransition schedule for locality-based comparability payments. 10USC948anote. 10 USC 948a note.


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 123STA T . 2 6 1 5PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Sec.19 1 5 . S avingspro vision. Sec. 191 6 . A pp l ica t ion to ot h er eligi b lee m plo y ees. Sec. 191 7 . E lection o f a d ditional basic pay for ann u ity computation by employees. Sec. 191 8 . R egulations. Sec. 1919. Effective dates. Subti t leA—G e n e ra l P r ov i s ions SEC.190 1.C R E DITFO R UN USED SIC KL E AV E. (a)INGE NE RAL.—Section8415 o f tit l e5 ,U nite d State sC ode, isa m ended— (1) byr edesi g nating t h e second s u bsection ( k ) and sub - section (l) as subsections (l) and (m), res p ecti v ely and ( 2 ) in subsection (l) (as so redesignated by paragraph (1))— ( A ) by striking ‘ ‘(l) In computing ’ ’ and inserting ‘‘(l)(1) In computing’’; and ( B ) by adding at the end the follo w ing ‘‘(2)(A) Ex cept as provided in paragraph (1), in computing an annuity under this subchapter, the total service of an employee who retires on an immediate annuity or who dies leaving a survivor or survivors entitled to annuity includes the applicable percentage of the days of unused sick leave to his credit under a formal leave system and for which days the employee has not received payment, except that these days will not be counted in determining average pay or annuity eligibility under this subchapter. F or pur- poses of this subsection, in the case of any such employee who is excepted from subchapter I of chapter 63 under section 63 0 1(2)(x) through (xiii), the days of unused sick leave to his credit include any unused sick leave standing to his credit when he was excepted from such subchapter. ‘‘(B) For purposes of subparagraph (A), the term ‘applicable percentage’ means— ‘‘(i) 50 percent in the case of an annuity, entitlement to which is based on a death or other separation occurring during the period beginning on the date of enactment of this paragraph and ending on D ecember 31, 2013; and ‘‘(ii) 100 percent in the case of an annuity, entitlement to which is based on a death or other separation occurring after December 31, 2013.’’. (b) E XC E PTIO N FRO M DEPO S IT R E QU IREMENT.—Section 8422(d)(2) of title 5, United States Code, is amended by striking ‘‘section 8415(k)’’ and inserting ‘‘paragraph (1) or (2) of section 8415(l)’’. (c) E F FECTI V E DATE.— T he amendments made by this section shall apply with respect to any annuity, entitlement to which is based on a death or other separation from service occurring on or after the date of enactment of this Act. SEC. 190 2 . LI M ITED E XP ANSION OF T H E CLASS OF INDIVIDUALS ELI G I B LE TO RECEIVE AN ACTUARIALL Y REDUCED ANNUITY UNDER THE CIVIL SERVICE RETIREMENT SYSTEM. (a) IN GENERAL.—Section 8334(d)(2)(A)(i) of title 5, United States Code, is amended by striking ‘‘ O ctober 1, 1 9 90’’ each place it appears and inserting ‘‘ M arch 1, 1991’’. (b) APPLICA B ILIT Y .—The amendment made by subsection (a) shall be effective with respect to any annuity, entitlement to which 5USC83 3 4note. 5USC84 1 5 note.


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 123STA T . 2 6 16 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9isba s edon ase p a r a t ion f ro m ser v i c e occ u rrin g on or after t h e date of enactment of this A ct .SEC.1903 .C OMPUTA T I O N O F CE R TAIN ANNUITIES B ASE D ON PART - TIME SER V ICE. ( a )INGE NE RAL . —S ection 83 3 9 (p) of tit l e 5,U nited States C ode, is amended b y adding at the end the follo w ing

‘(3) In the administration of paragraph ( 1 )— ‘‘(A) subparagraph (A) of such paragraph shall apply with respect to service performed before, on, or after April 7, 198 6; and ‘‘( B ) subparagraph (B) of such paragraph— ‘‘(i) shall apply with respect to that portion of any annuity which is attributable to service performed on or after April 7, 1986; and ‘‘(ii) shall not apply with respect to that portion of any annuity which is attributable to service performed before April 7, 1986. ’ ’. (b) A P PL IC A B ILI TY .— T he amendment made by subsection (a) shall be effective with respect to any annuity, entitlement to which is based on a separation from service occurring on or after the date of enactment of this Act. SEC. 190 4 . AUT H ORIT Y TO DEPOSIT REFUNDS UNDER FERS. (a) D EP OS ITA U T H ORITY.—Section 8 42 2 of title 5, United States Code, is amended by adding at the end the following: ‘‘(i)(1) E ach employee or M ember who has received a refund of retirement deductions under this or any other retirement system established for employees of the Government covering service for which such employee or Member may be allowed credit under this chapter may deposit the amount received, with interest. Credit may not be allowed for the service covered by the refund until the deposit is made. ‘‘(2) Interest under this subsection shall be computed in accord - ance with paragraphs (2) and (3) of section 8334(e) and regulations prescribed by the O ffice. The option under the third sentence of section 8334(e)(2) to ma k e a deposit in one or more installments shall apply to deposits under this subsection. ‘‘(3) F or the purpose of survivor annuities, deposits authori z ed by this subsection may also be made by a survivor of an employee or Member.’’. (b) TECHNICAL AN D CON F OR M IN G AMENDMENTS.— (1) DEFINITIONAL AMENDMENT.—Section 84 0 1(19)(C) of title 5, United States Code, is amended by striking ‘‘8411(f);’’ and inserting ‘‘8411(f) or 8422(i);’’. (2) CREDITING OF DEPOSITS.—Section 8422(c) of title 5, United States Code, is amended by adding at the end the following: ‘‘Deposits made by an employee, Member, or survivor also shall be credited to the Fund.’’. (3) SECTION HEADING.—(A) The heading for section 8422 of title 5, United States Code, is amended to read as follows: 5USC83 3 9note.Ap p licab ilit y .


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 123STA T . 2 6 1 7PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ §842 2 .Deductionsfr o mpay; contri b utions for ot h er ser v ice; deposits ’ ’. (B)Thean a lysi s forc ha pt er 84 of title 5,U nite dS tates C ode, is a m ended b y stri k in g the item relating to section 84 2 2 and inserting the follo w ing

‘ 842 2 .Deductionsfr o mpay; contri b utions for ot h er ser v ice; deposits. ’ ’. (4) RESTORA T I O N O F ANN U IT Y RI GH TS .— The last sentence of section 8424(a) of title 5, United States Code, is amended by striking ‘ ‘based. ’ ’ and inserting ‘‘based, u ntil the employee or M ember is reemployed in the ser v ice sub j ect to this chapter.’’. SEC.1905 . R E TI RE M E N T CRE D IT FO R SER V ICE OF CERT A IN EM PL O Y EES TRANSFERRED FROM DISTRICT OF COL U M B IA SERVICE TO FEDERAL SERVICE. (a) RETIRE M ENT CRE D IT.— ( 1 ) I N GENERA L .— A ny individual who is treated as an employee of the F ederal G overnment for purposes of chapter 8 3 or chapter 84 of title 5, United States Code, on or after the date of enactment of this Act who performed q ualifying D istrict of Columbia service shall be entitled to have such service included in calculating the individual’s creditable service under section 8332 or 8411 of title 5, United States Code, but only for purposes of the following provisions of such title: (A) Sections 8333 and 841 0 (relating to eligibility for annuity). (B) Sections 833 6 (other than subsections (d), (h), and (p) thereof) and 8412 (relating to immediate retirement). (C) Sections 8338 and 8413 (relating to deferred retire - ment). (D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating to early retirement). ( E ) Section 8341 and subchapter I V of chapter 84 (relating to survivor annuities). (F) Section 833 7 and subchapter V of chapter 84 (relating to disability benefits). (2) TREATMENT OF DETENTION OFFI C ER SER V ICE AS LA W ENFORCEMENT OFFICER SERVICE.—Any portion of an individual’s qualifying District of Columbia service which consisted of service as a detention officer under section 2604(2) of the Dis- trict of Columbia Government Comprehensive Merit P ersonnel Actof1 9 78 (sec. 1-626.04(2), D.C. O fficial Code) shall be treated as service as a law enforcement officer under sections 8331(20) or 8401(17) of title 5, United States Code, for purposes of applying paragraph (1) with respect to the individual. (3) SERVICE NOT INCLUDED IN COM P UTING AMOUNT OF ANY ANNUITY.— Q ualifying District of Columbia service shall not be taken into account for purposes of computing the amount of any benefit payable out of the Civil Service Retirement and Disability Fund. (b) QUALIFYING DISTRICT OF COLUM B IA SERVICE DEFINED.— In this section, ‘‘qualifying District of Columbia service’’ means any of the following: (1) Service performed by an individual as a nonjudicial employee of the District of Columbia courts— 5USC83 3 2note.


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 123STA T . 2 6 1 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(A)whic hw asperfo r m e d prior t o the effecti v e date of the ame n dments made by section 1 1 246 (b) of the B a l- anced B u d g etActof1 9 9 7; and (B) for which the individual did not ever receive credit under the provisions of subchapter I II of chapter 83 or chapter 84 of title 5,U nited S tates C ode (other than by virtue of section 8331(1)(iv) of such title) . (2) Service performed by an individual as an employee of an entity of the D istrict of Columbia government whose functions were transferred to the P retrial Services, Parole, Adult Supervision, and O ffender Supervision T rustee under section 11232 of the Balanced Budget Act of 1997 — (A) which was performed prior to the effective date of the individual ’ s coverage as an employee of the F ederal G overnment under section 11232(f) of such Act; and (B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title). (3) Service performed by an individual as an employee of the District of Columbia Public Defender Service— (A) which was performed prior to the effective date of the amendments made by section 7(e) of the District of Columbia Courts and J ustice Technical Corrections Act of 1998; and (B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title). (4) In the case of an individual who was an employee of the District of Columbia Department of Corrections who was separated from service as a result of the closing of the L orton Correctional Comple x and who was appointed to a posi- tion with the Bureau of Prisons, the District of Columbia courts, the Pretrial Services, Parole, Adult Supervision, and Offender Supervision Trustee, the United States Parole Commission, or the District of Columbia Public Defender Service, service performed by the individual as an employee of the District of Columbia Department of Corrections— (A) which was performed prior to the effective date of the individual’s coverage as an employee of the Federal Government; and (B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title). (c) C ERTIF I CA TI ON OF SER V ICE.—The Office of Personnel M anagement shall accept the certification of the appropriate per- sonnel official of the government of the District of Columbia or other independent employing entity concerning whether an indi- vidual performed q ualifying District of Columbia service and the length of the period of such service the individual performed.


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 123STA T . 2 6 1 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Subti t leB—Non-F o r ei g n A re aR etire m ent Eq uit y A s suran c e SEC.19 11. S HORT T I T L E. This s ubt it lemay be c ite d as the ‘ ‘ Non-F o r ei g n A rea R etirement Eq uity Assurance Act o f20 0 9’ ’ or the ‘‘Non-Foreign AREA Act of 2009’’ . SEC. 191 2 .E X TE N SION O F LOC A LIT YP AY. ( a )LOCALITY - B A SEDC O MP A R ABILITY P AYME N TS. —S ection 53 0 4 of title 5 ,U nited States Code, is amended— ( 1 ) in subsection (f)(1), by stri k ing sub p aragraph (A) and inserting the follo w ing ‘‘(A) each G eneral Schedule position in the United States, as defined under section 5921(4), and its territories and posses- sions, including the Commonwealth of Puerto Rico and the Commonwealth of the Northern M ariana I slands, shall be included within a pay locality and’’; (2) in subsection (g)— (A) in paragraph (2)— (i) by striking ‘‘and’’ at the end of subparagraph (A); and (ii) by striking subparagraph ( B ) and inserting the following: ‘‘(B) positions under subsection (h)(1)(C) not co v ered by appraisal systems certified under subsection 530 7 (d); and ‘‘(C) any positions under subsection (h)(1)( D ) as the Presi- dent may determine.’’; and (B) by adding at the end the following: ‘‘(3) The applicable ma x imum under this subsection shall be level II of the Executive Schedule for positions under subsection (h)(1)(C) covered by appraisal systems certified under section 5307(d).’’; (3) in subsection (h)(1)— (A) in subparagraph (B), by striking ‘‘and’’ after the semicolon; (B) by redesignating subparagraph (C) as subpara- graph (D); (C) by inserting after subparagraph (B) the following: ‘‘(C) a Senior Executive Service position under section 3132 or 3151 or a senior level position under section 537 6 stationed within the United States, but outside the 4 8 contiguous States and the District of Columbia in which the incumbent was an individual who on the day before the effective date of section 1912 of the Non-Foreign Area Retirement Equity Assurance Act of 2009 was eligible to receive a cost-of-living allowance under section 5941 and who thereafter has served continuously in an area in which such an allowance was payable; and’’; (D) in clause (iv) (in the matter following subparagraph (D)), by inserting ‘‘, except for a position covered by subparagraph (C)’’ before the semicolon; (E) in clause (v) (in the matter following subparagraph (D)), by inserting ‘‘, except for a position covered by subparagraph (C)’’ before the semicolon; and Non-F o reig n A re aR e t ire m ent Equ it y A s suran c e Act o f20 0 9.5USC 5 3 0 4 note.


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 123STA T . 2 6 2 0PUBLIC LA W 111 –84—O CT. 28 , 200 9(F)inclause ( v ii) (in th e m atte rfo llo w in g su bp aragraph ( D )), b y inserting ‘ ‘,e x cept for a position covere d by subparagraph ( C ) ’ ’ before the period and ( 4 ) in subsection (h)( 2 ) — ( A ) in subparagraph ( B )(i), by stri k ing ‘‘and (B)’’ and inserting ‘‘through (C)’’; and (B) in subparagraph (B)(ii), by striking ‘‘( 1 )(C)’’ and inserting ‘‘(1)(D)’’ . (b) A L L OWANCES BASE D ON LIV IN G COS T S AND CONDITIONS O FE NVI R ON M ENT.— S ection 59 41 of title 5, U nited States Code, is amended— (1) in subsection (a), by adding at the end the following ‘‘ N otwithstanding any preceding provision of this subsection, the cost - of-living allowance rate based on paragraph (1) shall be the cost-of-living allowance rate in effect on the date of enactment of the Non-Foreign Area R etirement E q uity Assur- ance Act of 2 0 09, except as ad j usted under subsection (c).’’; (2) by redesignating subsection (b) as subsection (d); and ( 3 ) by inserting after subsection (a) the following: ‘‘(b) T his section shall apply only to areas that are designated as cost-of-living allowance areas as in effect on December 31, 2009. ‘‘(c)(1) The cost-of-living allowance rate payable under this sec- tion shall be adjusted on the first day of the first applicable pay period beginning on or after— ‘‘(A) J anuary 1, 2010; and ‘‘(B) January 1 of each calendar year in which a locality- based comparability adjustment takes effect under paragraphs (2) and (3), respectively, of section 1914 of the Non-Foreign Area Retirement Equity Assurance Act of 2009. ‘‘(2)(A) I n this paragraph, the term ‘applicable locality-based comparability pay percentage’ means, with respect to calendar year 2010 and each calendar year thereafter, the applicable percentage under paragraph (1), (2), or (3) of section 1914 of Non-Foreign Area Retirement Equity Assurance Act of 2009. ‘‘(B) Each adjusted cost-of-living allowance rate under para- graph (1) shall be computed by— ‘‘(i) subtracting 6 5 percent of the applicable locality-based comparability pay percentage from the cost-of-living allowance percentage rate in effect on December 31, 2009; and ‘‘(ii) dividing the resulting percentage determined under clause (i) by the sum of— ‘‘(I) one; and ‘‘(II) the applicable locality-based comparability pay- ment percentage expressed as a numeral. ‘‘(3) No allowance rate computed under paragraph (2) may be less than z ero. ‘‘(4) Each allowance rate computed under paragraph (2) shall be paid as a percentage of basic pay (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law).’’. SEC.19 1 3 . ADJU S TM E N T OF S P EC I A LR ATES. (a) IN G ENERAL.—Each special rate of pay established under section 5305 of title 5, United States Code, and payable in an area designated as a cost-of-living allowance area under section 5941(a) of that title, shall be adjusted, on the dates prescribed Defin i t i o n .T i m e p e r io d. A pp l i cab ilit y .


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 123STA T . 2 6 21 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9bysection19 1 4, in a cco rd ance w it h re gul ations p rescribed by the D irector o f the O ffice of P ersonnel M anage m ent under section 191 8.( b )AGENCI E SW I THS T A T U T ORY AUTHORITY. — (1) I N GENERA L .— E ach special rate of pay established under an authority described under paragraph ( 2 ) and payable in a location designated as a cost - of-li v ing allowance area under section 5 941(a)(1) of title 5, U nited States C ode, shall be ad j usted in accordance with regulations prescribed by the applicable head of the agency that are consistent with the regulations issued by the Director of the Office of Personnel Management under subsection (a). (2) STATUTORY AUTHORITY.— T he authority referred to under paragraph (1), is any statutory authority that— (A) is similar to the authority e x ercised under section 5 30 5 of title 5, United States Code ( B ) is exercised by the head of an agency when the head of the agency determines it to be necessary in order to obtain or retain the services of persons specified by statute; and (C) authori z es the head of the agency to increase the minimum, intermediate, or maximum rates of basic pay authorized under applicable statutes and regulations. (c) TE MP ORARY A DJ USTMENT.— R egulations issued under sub- section (a) or (b) may provide that statutory limitations on the amount of such special rates may be temporarily raised to a higher level during the transition period described in section 1914 ending on the first day of the first pay period beginning on or after J anuary 1, 2012, at which time any special rate of pay in excess of the applicable limitation shall be converted to a retained rate under section 53 6 3 of title 5, United States Code. SEC.19 1 4 . TRAN S I TI O NSC H E DUL E F OR LOCALIT Y-B ASED CO M - P ARABILITY PAYMENTS. N otwithstanding any other provision of this subtitle or section 5304 or 5304a of title 5, United States Code, in implementing the amendments made by this subtitle, for each non-foreign area determined under section 5941(b) of such title, the applicable rate for the locality-based comparability adjustment that is used in the computation re q uired under section 5941(c) of such title shall be adjusted, effective on the first day of the first pay period begin- ning on or after January 1— (1) in calendar year 2010, by using 1 / 3 of the locality pay percentage for the rest of United States locality pay area; (2) in calendar year 2011, by using 2/3 of the otherwise applicable comparability payment approved by the President for each non-foreign area; and (3) in calendar year 2012 and each subsequent year, by using the full amount of the applicable comparability payment approved by the President for each non-foreign area. SEC. 191 5 .SA V IN G S PROVISION. (a) SENSE O F CONGRESS.—It is the sense of Congress that— (1) the application of this subtitle to any employee should not result in a decrease in the ta k e home pay of that employee; (2) in calendar year 2012 and each subsequent year, no employee shall receive less than the Rest of the U.S. locality pay rate; Presid e nt.R e gula ti o ns.


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 123STA T . 2 6 22 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(3)con c ur r e n twi t h the s ur v e y sne x t con d ucted under the p rovisions o f section 5 3 04 (d)( 1 )( A )oftit l e5 ,U nited S t a tes C ode, b e g inning after the date of the enact m ent of this Act, the B ureau of L abor Statistics should conduct separate surveys to determine the extent of any pay disparity (as defined by section 530 2 of that title) that may exist with respect to posi - tions located in the State of Alas k a, the State of H awaii, and the United States territories, including American Samoa, G uam, Commonwealth of the N orthern M ariana I slands, Commonwealth of P uerto R ico, and the United States V irgin Islands (4) if the surveys under paragraph (3) indicate that the pay disparity determined for the State of Alaska, the State of Hawaii, or any 1 of the United States territories including American Samoa, Guam, Commonwealth of the Northern Mar- iana Islands, Commonwealth of Puerto Rico, and the United States Virgin Islands exceeds the pay disparity determined for the locality which (for purposes of section 5304 of that title) is commonly known as the ‘ ‘Rest of the United States ’ ’, the President’s Pay Agent should take appropriate measures to provide that each such surveyed area be treated as a separate pay locality for purposes of that section; and (5) the President’s Pay Agent will establish 1 locality area for the entire State of Hawaii and 1 locality area for the entire State of Alaska . (b) S AVINGS P RO VISIONS. — (1)ING E NERA L .— D uring the transition period described in section 1 9 14 ending on the first day of the first pay period beginning on or after J anuary 1, 2012, an employee paid a special rate under 5305 of title 5, United States Code, who the day before the date of enactment of this Act was eligible to receive a cost-of-living allowance under section 5941 of title 5, United States Code, and who continues to be officially sta- tioned in an allowance area, shall receive an increase in the employee’s special rate consistent with increases in the applicable special rate schedule. F or employees in allowance areas, the minimum step rate for any grade of a special rate schedule shall be increased at the time of an increase in the applicable locality rate percentage for the allowance area by not less than the dollar increase in the locality-based com- parability payment for a non-special rate employee at the same minimum step provided under section 1914 of this subtitle, and corresponding increases shall be provided for all step rates of the given pay range. (2) CON T IN U ATION O FC OST OF LIVING ALLO W ANCE RATE.— If an employee, who the day before the date of enactment of this Act was eligible to receive a cost-of-living allowance under section 5941 of title 5, United States Code, would receive a rate of basic pay and applicable locality-based comparability payment which is in excess of the maximum rate limitation set under section 5304(g) of title 5, United States Code, for his position (but for that maximum rate limitation) due to the operation of this subtitle, the employee shall continue to receive the cost-of-living allowance rate in effect on December 31, 2009 without ad j ustment until— (A) the employee leaves the allowance area or pay system; or Timep e r i od.


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 123STA T . 2 6 23 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(B)the e mploy ee is e n title d to r e c ei v e ba sic pay (incl u din g any applicable locality - based comparability pay- ment or similar supplement) at a higher rate , but, w hen any such position becomes vacant, the pay o f any subse q uent appointee thereto shall be fi x ed in the manner provided by applicable law and regulation . ( 3 ) LOCALITY - B A SED CO MP A R ABILITY PAYME N TS. —A ny employee covered under paragraph ( 2 ) shall receive any applicable locality-based comparability payment extended under section 19 1 4 of this subtitle which is not in excess of the maximum rate set under section 5 3 0 4(g) of title 5, U nited S tates C ode, for his position including any future increase to statutory pay limitations under 531 8 of title 5, United States Code. N otwithstanding paragraph (2), to the extent that an employee covered under that paragraph receives any amount of locality-based comparability payment, the cost-of-living allow- ance rate under that paragraph shall be reduced accordingly, as provided under section 5941(c)(2)(B) of title 5, United States Code. SEC.19 1 6 . AP P LI CA T I ON TO OT H E R ELI G I B LEE M PLO Y EES. (a) I N G ENERAL.— (1) D E F INITION.—In this subsection, the term ‘ ‘covered employee ’ ’ means— (A) any employee who— (i) on the day before the date of enactment of this Act— (I) was eligible to be paid a cost-of-living allow- ance under 5941 of title 5, United States Code and (II) was not eligible to be paid locality-based comparability payments under 5304 or 5304a of that title; or (ii) on or after the date of enactment of this Act becomes eligible to be paid a cost-of-living allowance under 5941 of title 5, United States Code; or (B) any employee who— (i) on the day before the date of enactment of this Act— (I) was eligible to be paid an allowance under section 1 6 03(b) of title 10, United States Code; (II) was eligible to be paid an allowance under section 1005(b) of title 39, United States Code; (III) was employed by the T ransportation Security Administration of the Department of H omeland Security and was eligible to be paid an allowance based on section 5941 of title 5, United States Code; or (I V ) was eligible to be paid under any other authority a cost-of-living allowance that is equiva- lent to the cost-of-living allowance under section 5941 of title 5, United States Code; or (ii) on or after the date of enactment of this Act— (I) becomes eligible to be paid an allowance under section 1603(b) of title 10, United States Code;


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 123STA T . 2 6 2 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(I I )becom e s e lig ible t obe pa i d a n allo w ance u nde r section 10 0 5 (b) o f title 39,U nited S tates C ode (III) is emplo y edbyt h e T ransportation Secu - rity A dministration of the D epartment of H ome- land Security and becomes eligible to be paid an allowance based on section 59 4 1 of title 5, United States Code; or (I V ) becomes eligible to be paid under any other authority a cost-of-li v ing allowance that is e q uivalent to the cost-of-living allowance under section 5941 of title 5, United States Code . ( 2 )A P P LICAT I ON TO CO VER E D E M PLO Y EE S . — (A) IN G ENERAL.— N otwithstanding any other provision of law, for purposes of this subtitle (including the amend- ments made by this subtitle) any covered employee shall be treated as an employee to whom section 5941 of title 5, United States Code (as amended by section 1912 of this subtitle), and section 1914 of this subtitle apply. ( B ) P AY F I X ED B Y STAT U TE.—Pay to covered employees under section 5304 or 5304a of title 5, United States Code, as a result of the application of this subtitle shall be considered to be fi x ed by statute. (C) PERFORMANCE APPRAISAL SYSTEM.— W ith respect to a covered employee who is sub j ect to a performance appraisal system no part of pay attributable to locality- based comparability payments as a result of the application of this subtitle including section 5941 of title 5, United States Code (as amended by section 1912 of this subtitle), may be reduced on the basis of the performance of that employee. (b) POSTAL E MPLOYEES IN NON-FOREIGN AREAS.— (1) IN GENERAL.—Section 1005(b) of title 39, United States Code, is amended— (A) by inserting ‘ ‘(1) ’ ’ after ‘‘(b)’’; (B) by stri k ing ‘‘Section 5941,’’ and inserting ‘‘Except as provided under paragraph (2), section 5941’’; (C) by striking ‘‘ F or purposes of such section,’’ and inserting ‘‘Except as provided under paragraph (2), for pur- poses of section 5941 of that title,’’; and (D) by adding at the end the following ‘‘(2) O n and after the date of enactment of the Non-Foreign Area R etirement Equity Assurance Act of 2009— ‘‘(A) the provisions of that Act and section 5941 of title 5 shall apply to officers and employees covered by section 1003 (b) and (c) whose duty station is in a nonforeign area; and ‘‘(B) with respect to officers and employees of the Postal Service (other than those officers and employees described under subparagraph (A)) of section 191 6 (b)(2) of that Act shall apply.’’. (2) CONTINUATION OF COST OF LIVING ALLO W ANCE.— (A) IN GENERAL.—Notwithstanding any other provision of this subtitle, any employee of the Postal Service (other than an employee covered by section 1003 (b) and (c) of title 39, United States Code, whose duty station is in a nonforeign area) who is paid an allowance under section


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 123STA T . 2 6 2 5PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 910 0 5(b)oftha tt i t les hall be t r eate d for all pu rposes as if the pro v isio n s of this subtitle (in c ludin g the a m endments made b y this subtitle) had not been enacted , e x cept that the cost - of-living allo w ance rate paid to that employee — (i) may result in the allowance exceeding 2 5 per- cent of the rate of basic pay of that employee and (ii) shall be the greater of— ( I ) the cost-of-living allowance rate in effect on D ecember 3 1, 200 9 for the applicable area; or (II) the applicable locality-based comparability pay percentage under section 191 4. ( B ) RULEOFC O NSTR UCT I ON.— N othing in this subtitle shall be construed to— (i) provide for an employee described under subparagraph ( A ) to be a covered employee as defined under subsection (a); or (ii) authori z e an employee described under subparagraph (A) to file an election under section 191 7 of this subtitle. SEC.19 1 7 .E L EC TION O FAD DITIONAL B ASIC P A Y FO R ANN U ITY CO M- PUTATION BY EMPLOYEES. (a) DEFINITION.—In this section the term ‘ ‘covered employee ’ ’ means any employee— (1) to whom section 1914 applies; (2) who is separated from service by reason of retirement under chapter 8 3or84oftitle5, U nited S tates C ode, during the period of J anuary 1, 2010, through December 31, 2012; and (3) who files an election with the O ffice of P ersonnel M anagement under subsection (b). (b) E LECTION.— (1) IN G ENER A L.—An employee described under subsection (a) (1) and (2) may file an election with the Office of Personnel Management to be covered under this section. (2) DEA D LINE.—An election under this subsection may be filed not later than December 31, 2012. (c) CO MP UTATION OF ANNUIT Y .— (1) IN GENERAL.—Except as provided under paragraph (2), for purposes of the computation of an annuity of a covered employee any cost-of-living allowance under section 5941 of title 5, United States Code, paid to that employee during the first applicable pay period beginning on or after January 1, 2010 through the first applicable pay period ending on or after December 31, 2012, shall be considered basic pay as defined under section 8331(3) or 8401(4) of that title. (2) L IMITATION.—An employee’s cost-of-living allowance may be considered basic pay under paragraph (1) only to the extent that, when added to the employee’s locality-based com- parability payments, the resulting sum does not exceed the amount of the locality-based comparability payments the employee would have received during that period for the applicable pay area if the limitation under section 1914 did not apply. (d) CI V IL SERVICE RETIREMENT AND DISA B ILITY RETIREMENT F UND.—


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 123STA T . 2 6 26 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(1)EMPLOYE E C O NTRIBU TION S.—Acover e d e mpl o y ee sha ll pay int o the C ivil S ervice R etirement and D isa b ility Retirement Fu nd— (A) an amount e q ual to the di f ference bet w een— (i) employee contributions that would have been deducted and withheld from pay under section 83 3 4 or 84 2 2 of title 5,U nited States Code, durin g the period described under subsection (c) of this section if the cost - of-living allowances described under that subsection had been treated as basic pay under section 8331(3) or 84 0 1(4) of title 5, United States Code and (ii) employee contributions that were actually deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, during that period; and ( B ) interest as prescribed under section 8334(e) of title 5, United States Code, based on the amount determined under subparagraph (A). (2) A G ENCY CONTRIBUTIONS.— (A) I N GENER A L.— T he employing agency of a covered employee shall pay into the Civil Service Retirement and Disability Retirement Fund an amount for applicable agency contributions based on payments made under para- graph (1). (B) SOURCE.—Amounts paid under this paragraph shall be contributed from the appropriation or fund used to pay the employee. (3) REGULATIONS.—The O ffice of P ersonnel M anagement may prescribe regulations to carry out this section. SEC.19 1 8 . R E GULATION S. (a) IN G ENERAL.—The Director of the Office of Personnel Management shall prescribe regulations to carry out this subtitle, including— (1) rules for special rate employees described under section 1 9 13; (2) rules for ad j usting rates of basic pay for employees in pay systems administered by the Office of Personnel Manage- ment when such employees are not entitled to locality-based comparability payments under section 5304 of title 5, United States Code, without regard to otherwise applicable statutory pay limitations during the transition period described in section 1914 ending on the first day of the first pay period beginning on or after J anuary 1, 2012; and (3) rules governing establishment and adjustment of saved or retained rates for any employee whose rate of pay e x ceeds applicable pay limitations on the first day of the first pay period beginning on or after January 1, 2012. (b) OT H ER PAY SYSTEMS.— W ith the concurrence of the Director of the Office of Personnel Management, the administrator of a pay system not administered by the Office of Personnel Manage- ment shall prescribe regulations to carry out this subtitle with respect to employees in such pay system, consistent with the regula- tions prescribed by the Office under subsection (a). With respect to employees not entitled to locality-based comparability payments under section 5304 of title 5, United States Code, regulations pre- scribed under this subsection may provide for special payments


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 123STA T . 2 6 2 7PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9oradjustmen ts f or em pl o y ees wh o were el ig i b letore c ei v eacost - of-living allowance under section 5941 of that title on the date before the date of enactment of this A ct .SEC.19 19. E F FEC TIV E DA TES. ( a )INGE NE RAL . —Ex cept as provided by subsection (b) , this subtitle (including the amendments made by this subtitle) shall ta k e effect on the date of enactment of this Act. (b) LOC AL ITYP AY AN DS C H ED U LE.— T he amendments made by section 191 2 and the provisions of section 1914 shall take effect on the first day of the first applicable pay period beginning on or after J anuary 1, 2 0 10. DIV I S I ONB—M I L I TARYC ONSTR U CTION AUT H ORI Z ATIONS SEC. 20 01. S HOR T TIT L E. This division may be cited as the ‘ ‘ M ilitary C onstruction Authori z ation Act for F iscal Y ear 2010 ’ ’. SEC. 2002. E XP IRATIO N OFA U THORI Z ATIONS AND A M OUNTS RE Q UIRED TO B E SPECIFIED B Y LA W. (a) E XP IRATION O F AUTHORI Z ATION S AFTER THREE YEARS.— Except as provided in subsection (b), all authorizations contained in titles X XI through XX V II and title XXIX for military construction projects, land ac q uisition, family housing projects and facilities, and contributions to the N orth Atlantic Treaty O rganization Secu- rity Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2012 or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 201 3 . (b) EXCEPTION.—Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authoriza- tions of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2012; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2013 for military construction projects, land acquisition, family housing projects and facilities, and contribu- tions to the North Atlantic Treaty Organization Security Invest- ment Program. SEC. 200 3 . RELATION TO FUNDIN G TABLES. (a) MILITARY CONSTRUCTION, MILITARY FA M ILY H OUSIN G , AND R ELATED ACTI V ITIES.—The amounts authorized to be appropriated by sections 2104, 2204, 2304, 2404, 2411, 2502, and 2 6 06 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4501. (b) B ASE CLOSURE AND REALIGNMENT ACTIVITIES.—The amounts authorized to be appropriated by section 2 7 03 shall be available, in accordance with the requirements of section 4001, Mil i taryCons tr uc tion A ut h ori z ation Act f or F iscal Ye ar 201 0.


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 123STA T . 2 6 2 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9forp ro jects, pro g r am s,a nd act iv ities, and in t h e amo u nts, specified in the funding ta bl e in section 4502.( c )OVERS E A S CONTI N G EN CY O P ERATIONS. —T he amounts authori z ed to be appropriated b y sections 2 9 0 1 and 2902 shall be available, in accordance w ith the re q uirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 450 3 . SEC.20 0 4 . G E N E RAL RE DU C TIO N ACROSS DI V ISION. (a) R E DU CTION.—Of the amounts provided in the authorizations of appropriations in this division, the overall authorization of appro - priations in this division is reduced by $ 529,091,000. (b) REPORT ON A PP L ICATION.— N ot later than 90 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 describing how the reduction required by subsection (a) is applied. TI T LEX XI —ARMYSec.210 1. Authoriz e d Ar my co ns truction a nd l and ac q uisition p ro j ects. Sec. 2102. F amily housin g . Sec. 210 3 . I mpro v ements to military f amily housing units. Sec. 210 4 . Authorization of appropriations , Army. Sec. 210 5 . M odification of authority to carry out certain fiscal year 200 9 project. Sec. 210 6 . Ex tension of authorizations of certain fiscal year 2006 projects. SEC. 2 1 01. AUT H ORI Z ED AR MY CONSTRUCTION AND LAND AC Q UISI - TION P RO J ECTS. (a) I NSIDE T H E U NITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table A rmy: I nsideth e United St a tes State Insta l lati o norLo c ation Amo u nt Alab a m a . ....................... A n n isto nA r m yDep ot ............................................... $3, 3 0 0,000 R e d stone Arsenal ...................................................... $3, 5 50,000 Alas k a ........................... F ort Ri ch ardson ........................................................ $5 6 ,050,000 Fort W ain w ri g ht ....................................................... $ 198 ,000,000 Ari z ona .......................... Fort Hu achuca .......................................................... $ 27 ,700,000 Arkansas ....................... P ine B lu f f Arsenal .................................................... $25,000,000 C alifornia ...................... Fort I rwin .................................................................. $9,500,000 Colorado ........................ Fort Carson ............................................................... $2 4 0,950,000 Florida .......................... E glin Air Force Base ................................................ $132,800,000 G eorgia .......................... Fort Benning ............................................................. $295,300,000 Fort Gillem ................................................................ $10,800,000 Fort S tewart .............................................................. $100,400,000 Hawaii ........................... Schofield Barracks .................................................... $184,000,000 Wheeler Army Air Field ........................................... $7,500,000 K ansas .......................... Fort Riley .................................................................. $168,500,000 Kentucky ....................... Fort Campbell ........................................................... $14,400,000 Fort Kno x .................................................................. $70,000,000 L ouisiana ...................... Fort Polk ................................................................... $55,400,000 M aryland ...................... Aberdeen Pro v ing Ground ....................................... $15,500,000 Fort Detrick .............................................................. $46,400,000 Fort Meade ................................................................ $2,350,000 Missouri ........................ Fort Leonard Wood ................................................... $170,800,000 N ew J ersey ................... Picatinny Arsenal ..................................................... $10,200,000 New Y ork ...................... Fort Drum ................................................................. $92,700,000 North Carolina ............. Fort Bragg ................................................................. $114,600,000


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 123STA T . 2 6 2 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Army:Insideth e U nited S t a tes —Conti n ued State Insta l lati o nor L o c ation Amo u nt Sun n yPoi n tM i l it ar y Oce an T er m inal . .................. $28,90 0,000 O k la h oma ..................... F ort Sill ..................................................................... $90, 5 00,000 Mc A le s ter Army Ammunition Plant ....................... $ 1 2,500,000 South C arolina ............. Charleston N a v al W ea p ons Station ........................ $21,800,000 Fort J ackson .............................................................. $10 3 ,500,000 Te x as ............................. Fort B liss ................................................................... $219, 4 00,000 Fort H oo d .................................................................. $42,900,000 Fort Sam Houston .................................................... $19,800,000 U tah .............................. D u gw ay Proving G round .......................................... $25,000,000 V irginia ......................... Fort A.P. Hill ............................................................ $23,000,000 Fort Belvoir ............................................................... $1 7 ,900,000 Fort E ustis ................................................................ $8,900,000 Fort L ee ..................................................................... $5,000,000 Washington ................... Fort Lewis ................................................................. $18,700,000 Various locations .......... Troop Trainee Housing ............................................ $350,000,000 (b)OUTSIDE T H E UN ITED S T A TES .— U singamou n t sa p p r opriat ed pursuant to t h e authori z ation o f appropriations in se c tion 2104 (a)(2) , the Secretar y of the A rmy may ac q uire rea l property and carry out military construction pro j ects for the installations or locations outside the United States, and in the amounts, set forth in the follo w ing table
 * Army:Outside

t h e Un ited S t a tes C ountry Installation or Location Amount Afgha ni s tan . .............. B ag r a m Air Base ..................................... $87,10 0,000 Be l gium ...................... M ons ......................................................... $ 2 0,000,000 G erman y .................... Ans b a c h .................................................... $ 3 1,700,000 K leber Kaserne ........................................ $20,000,000 J a p an ......................... Ok ina w a ................................................... $ 6 ,000,000 S agamihara .............................................. $6,000,000 Korea .......................... Camp H umphreys ................................... $ 5 0,200,000 Kuwait ....................... Camp Arif j an ........................................... $82,000,000 S E C .210 2. F A M IL YHO USI NG . (a) CO NST R U C TION AND AC Q UISITION.—Using amounts appro - priated pursuant to the authorization of appropriations in section 2104(a)( 5 )(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army:Fa m il y Hous i ng Country Installation or Lo - cation Units Amount Germany. ................ B a u m hold er ........... 38 ............... $1 8 ,0 00,000 (b) PL ANNIN G AND D ESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may carry out architectural and engineering ser v ices and construction design activities with respect to the construction or improvement of family housing units in an amount not to e x ceed $3, 9 3 6 ,000.


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Page:United States Statutes at Large Volume 123.djvu/2650

 123STA T . 2 6 3 0PUBLIC LA W 111 –84—O CT. 28 , 200 9SEC.2103 . IMPROV EME NT STOMI L IT A R YF AMILY H O U SIN G UNITS. Subject t os ect i o n28 2 5 o f tit l e 10,U nite d St a tes C ode, and usin g a m ounts a p p r opriated pursuant to t h e authori z ation of appro - priations in section 210 4( a ) (5)( A ), the Secretar y of the Army may impro v ee x isting military family housing units in an amount not to exceed $ 21 9, 3 00,000 . SEC. 210 4 . AUTHORI Z ATION OF APPROPRIATIONS , ARMY. (a) INGE NE RAL . —F unds are hereby authorized to be appro- priated for fiscal years beginning after September 30, 2009, for military construction, land ac q uisition, and military family housing functions of the D epartment of the Army in the total amount of $4,51 6 ,0 7 3,000 as follo w s (1) For military construction projects inside the United States authorized by section 2101(a), $2,752,500,000. (2) For military construction projects outside the United States authorized by section 2101(b), $303,000,000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $25,000,000. (4) For host nation support and architectural and engineering services and construction design under section 2807 of title 10, United States Code, $200,519,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $241,236,000. ( B ) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $523,418,000. (6) For the construction of increment 4 of a brigade complex at Fort L ewis, W ashington, authorized by section 2101(a) of the M ilitary Construction Authorization Act for Fiscal Y ear 2007 (division B of P ublic Law 109 – 364 120 Stat. 2445), as amended by section 20814 of the Continuing Appropriations R esolution, 2007 (division B of Public Law 109–289), as added by section 2 of the Revised Continuing Resolution, 2007 (Public Law 110–5; 121 Stat 41) $102,000,000. (7) For the construction of increment 3 of the United States Southern Command H eadquarters at Miami Doral, Florida, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 504), $55,400,000. (8) For the construction of increment 3 of the brigade complex operations support facility at V icenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 505), $23,500,000. (9) For the construction of increment 3 of the brigade complex barrac k s and community support facility at Vicenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 505), $22,500,000. (10) For the construction of increment 2 of a barracks and dining complex at Fort Carson, Colorado, authorized by section 2101(a) of the Military Construction Authorization Act


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Page:United States Statutes at Large Volume 123.djvu/2651

 123STA T . 2 6 31 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9forFiscalYe ar 20 0 9(d i v isio nB of Pub lic L a w1 10 –4 1 7; 122 St at . 4 65 9 ),$ 60,000,000. (11) For t h e construction of incre m ent 2 of a barrac k s and dinin g com p le x at Fort Stewart, G eorgia, authori z edb y section 2101(a) of the M ilitary C onstruction A uthorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4659), $ 8 0,000,000. (12) For the construction of increment 2 of the family housing replacement construction at W iesbaden Air Base, Ger - many, authorized by section 2102(a) of the Military Construc- tion Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 466 3 ), $10,000,000. (13) For the construction of increment 2 of the family housing replacement construction at Wiesbaden Air Base, Ger- many, authorized by section 2102(a) of the Military Construc- tion Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4663), $11,000,000. (14) For the construction of increment 2 of the family housing replacement construction at Wiesbaden Air Base, Ger- many, authorized by section 2102(a) of the Military Construc- tion Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4663), $11,000,000. (15) For the construction of increment 1 of an Aviation T ask Force Complex Phase 1 at Fort Wainwright, Alaska, authorized by section 2101(a), $95,000,000. (b) L IM I TA TI ON ON TOTA L CO S TO F CONST RUC TION PRO JE CTS. —N otwithstanding the cost variations authorized by section 2853 of title 10, U nited States Code, and any other cost variation author- ized by law, the total cost of all pro j ects carried out under section 2101 of this Act may not exceed the sum of the following (1) The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). (2) $95,000,000 (the balance of the amount authorized under section 2101(a) for an aviation task force complex, Phase I at Fort Wainwright, Alaska). (3) $25,000,000 (the balance of the amount authorized under section 2101(b) of the Military Construction Authoriza- tion Act for Fiscal Year 2008 (division B of Public Law 110– 181; 122 Stat. 505) for construction of a brigade complex oper- ations support facility at V icenza, Italy. (4) $26,000,000 (the balance of the amount authorized under section 2101(b) of the Military Construction Authoriza- tion Act for Fiscal Year 2008 (division B of Public Law 110– 181; 122 Stat. 505) for construction of a brigade complex oper- ations support facility at Vicenza, Italy. (c) LIMITATION ON IM P LEMENTATION OF TROOP TRAINEE BAR- RAC K S PROJECTS.—The Secretary of the Army may not enter into an award of a project for any troop trainee barracks authorized under section 2101(a) until the Secretary submits to the congres- sional defense committees a report that includes the following: (1) Within the amounts authorized to be appropriated under subsection (a), a list of the proposed projects. (2) A Military Construction D ata Sheet for each project. (3) A certification that the projects can be awarded in the year for which the appropriation of funds is made. (4) A certification that the projects are listed in the current Future Years Defense Program for the Army. Reports.C ert if i ca tio n s.


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 123STA T . 2 6 32 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.2105 . MODIF IC AT IO N OFA U T H O R IT Y TO CARRY OUT CERTAIN FISCA L YEAR 200 9P RO J ECT. Inthecas e of the a u tho riz ation containe d in the ta bl ein section 210 1 ( a ) of the M ilitar yC onstruction A uthorization Act for F iscal Y ear 200 9 ( P ublic L a w 110 –4 1 7; 122 S tat . 4 65 9) for Fort B ra g g ,N orth Carolina, for construction of a cha p el at the installa - tion, the Secretary of the Ar m y may construct up to a 22,600 s q uare-feet (400 person) chapel consistent with the Army ’ s standard square footage for chapel construction guidelines. SEC. 210 6 .E X TENSION OF AUTHORI Z ATIONS OF CERTAIN FISCAL YEAR 2006 PROJECTS. (a) EXTENSIO N. — Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (di v ision B of Public Law 109–16 3 in the table in subsection (b), as provided in section 2101 of that Act (119 Stat. 34 8 5)ande x tended by section 2107 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4665), shall remain in effect until O ctober 1, 2010, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011, whichever is later (b) TABL E.—The table referred to in subsection (a) is as follows: Army:Extensio no f20 0 6P ro j e c tA u t h ori za tions S ta t e I ns ta l lat io no r Lo c ation Pro j ect A m o u nt Haw a i i . .......... Poh a kul oa ............. T a ct ical Ve hicle W a s h F acilit y . $9,207 ,000 B attle Ar ea C o mp le x ....... $ 3 3, 6 60,000 TI T LEX XII —NAVYS ec. 220 1 . Authori z e dN a v yco n struction and land ac q uisition pro j ects. Sec. 2202. Family housin g . Sec. 2203. I mprovements to military f amily housing units. Sec. 220 4 . Authorization of appropriations, Navy. Sec. 220 5 . M odification and extension of authority to carry out certain fiscal year 2006 project. SEC. 2201. AUTHORIZED NA V Y CONSTRUCTION AND LAND AC Q UISI - TION PROJECTS. (a) INSI D ET H E U NITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction pro j ects for the installations or locations inside the United States, and in the amounts, set forth in the following table: N a v y: I nsi d e the U nited S tates State Installation or Location Amount Arizona ..................... Marine Corps Air Station, Y uma ............ $2 8 ,770,000 California .................. Mountain Warfare Training Center Bridgeport. $11,290,000 Marine Corps Base, Camp Pendleton ..... $775,162,000 Terminat i o n d ate .
 * 119 Stat. 3501), authorizations set forth


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 123STA T . 2 6 33 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Navy:Insideth e U nited S tates —Conti n uedSta t eIns ta l lat io no rL o c ation Am o u nt Edwar d sAi r Fo r ceB ase . ......................... $3,0 0 7 ,000 N a v a lSt atio nM ontere y ........................... $ 1 0, 24 0,000 Marine C or p s Base, T wentynine P al m s $ 5 13, 68 0,000 Marine Corps Air Station, Miramar ....... $ 9 ,280,000 Point L oma Anne x .................................... $11,060,000 Naval Station, San D ie g o ......................... $23,590,000 Connectic u t .............. Naval Su b marine Base, New London ..... $6,570,000 Florida ...................... Blount I sland Command .......................... $3,760,000 Eglin Air Force Base ................................ $26,287,000 Naval Air Station, J ac k sonville ............... $5,917,000 Naval Station, Mayport ............................ $102,345,000 Naval Air Station, Pensacola ................... $26,161,000 Naval Air Station, Wh iting Field ............ $4,120,000 G eorgia ..................... Marine Corps Logistics Base, Albany ..... $4,870,000 H awaii ...................... O ahu .......................................................... $5,380,000 Naval Station, Pearl Harbor .................... $60,252,000 Indiana ..................... Naval Support Activity ............................ $13,710,000 Maine ........................ Portsmouth Naval Shipyard .................... $7,090,000 Maryland .................. Naval Sur f ace Warfare Center, Carderock. $6,520,000 Naval Air Station, Patuxent R iver .......... $11,043,000 Nevada ...................... Naval Air Station, Fallon ......................... $10,670,000 North Carolina ......... Marine Corps Base, Camp Le j eune ........ $673,570,000 Marine Corps Air Station, Cherry Point $22,960,000 Marine Corps Air Station, New River .... $107,090,000 Rhode Island ............ Naval Station, Newport ........................... $64,883,000 South Carolina ......... Marine Corps Air Station, Beaufort ........ $1,280,000 Marine Corps Recruit Depot, Parris Is - land. $6,972,000 Texas ......................... Naval Air Station, Corpus Christi .......... $19,764,000 Naval Air Station, K ingsville .................. $4,470,000 V irginia ..................... Naval Amphibious Base, Little Creek .... $13,095,000 Naval Station Norfolk .............................. $18,139,000 Naval Special Weapons Center, Dahl- gren. $3,660,000 Dam Neck .................................................. $14,170,000 Norfolk Naval Shipyard, Portsmouth ..... $226,969,000 Marine Corps Base, Q uantico .................. $105,240,000 Washington .............. Bremerton ................................................. $108,939,000 Naval Station, Everett ............................. $3,810,000 Naval Maga z ine, Indian Island ............... $13,130,000 Spokane ..................................................... $12,707,000 West Virginia ........... Naval Security Group, Sugar Grove ....... $10,990,000 (b)OUTSIDE T H E UN ITED S T A TES .— U singamou n t sa p p r opriat ed pursuant to t h e authori z ation o f appropriations in se c tion 2 2 04 (a)(2) , the Secretar y of the N a v ymayac q uire rea l property and carry out military construction pro j ects for the installation or location outside the United States, and in the amounts, set forth in the follo w ing table Navy: Ou tside the United States C ountr y Installation or Location Amount Bahrain ..................... Southwest Asia ........................................... $41,526,000 Djibouti ..................... Camp Lemonier .......................................... $41,845,000 Guam ......................... Naval Activities, Guam ............................. $575,006,000


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 123STA T . 2 6 3 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Navy:Outside t h e Un ited S tates —Conti n uedCountryI n s t al lat i on or L o c ation Am ount Spain. ........................ N a v a l S t ati o n ,R ota ................................... $26 ,2 78, 0 00 SE C .2 2 0 2. F A M IL YHOU SI NG . (a)CONSTRUC T I ON A N DA C Q UISITION .—Using a mou n t sa p p r o - priat ed pursuant to t h e authori z ation o f appropriations in se c tion 2 2 04 (a)( 5 )(A) , the S ecretar y of the N a v y may construct or ac q uire fami l y housing units (including land acquisition and supporting facilities) at the installations or locations, in the num b er of units, and in the amount set forth in the follo w ing table Navy: F a m i l y Ho usin g Location Installation or Lo - cation Units Amount Korea. .............................. Pus a n .............................. W e lc o m e cen t er /w are -h ouse $4,376, 0 00 M ar i ana I slan d s .............. N a v al A ctivities, G uam 30 $ 2 0,730,000 (b) PL ANNIN G AND DE SIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to e x ceed $ 2, 7 7 1 ,000. SEC. 220 3 .IM PR O V EMEN T S TO MILITARY FAMILY HOUSING UNITS. Sub j ect to section 2 8 25 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appro- priations in section 2204(a)(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $118, 69 2,000. SEC. 220 4 . AUTHORI Z ATION OF APPROPRIATIONS , NAVY. (a) I N G ENERAL.— F unds are hereby authorized to be appro- priated for fiscal years beginning after September 3 0, 2009, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $4,284,112,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $2,746,704,000. (2) For military construction projects outside the United States authorized by section 2201(b), $233,445,000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $12,483,000. (4) For architectural and engineering services and construc- tion design under section 2807 of title 10, United States Code, $179,652,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $146,569,000.


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Page:United States Statutes at Large Volume 123.djvu/2655

 123STA T . 2 6 3 5PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(B)Forsup por t o fmil it a r y family h ousi ng (in c lu d ing functions d e scri b ed in section 283 3 of title 10,U nited S tates C ode), $ 3 6 8, 54 0,000 . (6) For the construction of increment 6 of a limited area production and storage comple x at Bangor, W ashington, author - i z ed by section 2201(a) of the M ilitary Construction A uthoriza- tion Act for Fiscal Y ear 2005 (di v ision B of P ublic L a w 108 – 3 7 5 118 Stat. 2106), $87,2 9 2,000. (7) For the construction of increment 2 of enclave fencing at N aval Submarine Base, Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3490), as amended by section 2205 of this Act, $67,419,000. (8) For the construction of increment 2 of a replacement maintenance pier at Bremerton, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 510), $69,064,000. (9) For the construction of increment 3 of a submarine drive-in magazine silencing facility at Naval Base Pearl H arbor, Hawaii, authorized by section 2201(a) of the Military Construc- tion Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 510), $8,645,000. (10) For the construction of the first increment of a ship repair pier replacement at Norfol k Naval Shipyard, V irginia, authorized by section 2201(a), $126,969,000. (11) For the construction of the first increment of a wharves improvement, Apra Harbor, G uam, authorized by section 2201(b), $127,033,000. (12) For the construction of the first increment of north ramp utilities, Andersen Air Force Base, Guam, authorized by section 2201(b), $21,500,000. (13) For the construction of the first increment of north ramp parking, Andersen Air Force Base, Guam, authorized by section 2201(b), $88,797,000. (b) L IM I TA TI ON ON T OTA L CO S TO F CONST RUC TION PRO JE CTS. — Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation author- ized by law, the total cost of all pro j ects carried out under section 2201 of this Act may not exceed the sum of the following (1) The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). (2) $100,000,000 (the balance of the amount authorized under section 2201(a) for Ship R epair Pier Replacement at the Norfolk Naval Shipyard, Virginia). (3) $40,000,000 (the balance of the amount authorized under section 2201(b) for wharves improvements, Apra Harbor, Guam). (4) $41,520,000 (the balance of the amount authorized under section 2201(a) for E nclave Fencing / Parking at Brem- erton, Washington). (5) $94,100,000 (the balance of the amount authorized under section 2201(b) for north ramp parking at Andersen Air Force Base, Guam).


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Page:United States Statutes at Large Volume 123.djvu/2656

 123STA T . 2 6 36 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(6)$79, 7 80 ,000 ( thebal a nc e of the a m o u nt autho riz e d under s ection 2 20 1 (b) for north ram p utilities at A ndersen Air F orce B ase, G uam) .SEC.2 2 05 . MODIF IC AT IO N AND E X TENSION OF A U T H O R IT Y TO CARRY OUT CERTAIN FISCA L YEAR 200 6P RO J ECT. (a) MODIF I CAT IO N . —T he table in section 2201(a) of the Militar yC onstruction Authorization Act for Fiscal Y ear 2006 (di v ision B of P ublic L a w 109 – 16 3; 119 S tat. 3 4 90) is amended in the item relatin g to N aval Submarine Base, Bangor, W ashington, by stri k ing ‘ ‘$60,160,000 ’ ’ and inserting ‘‘$127,163,000’’. (b) CONFO RM IN G AM E NDMENT.—Section 2204(b) of that Act (119 Stat. 3492) is amended by adding at the end the following new paragraph ‘‘(11) $67,003,000 (the balance of the amount authorized under section 2201(a) for construction of a waterfront security enclave at Naval Submarine Base, Bangor, Washington).’’. (c) EX TEN S ION.—Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3 5 01), the authorization relating to enclave fencing / parking at Naval Submarine Base, Bangor, Wash - ington (formerly referred to as a pro j ect at Naval Submarine Base, Bangor, Washington), as provided in section 2201 of that Act, shall remain in effect until O ctober 1, 2012, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2013, whichever is later. TI T LEX XIII —A I RFO R C E Sec.2301 . Authoriz e d Air F orce co ns truction a nd l and ac q uisition p ro j ects. Sec. 2302. Fa m il y housin g . Sec. 2303. I mpro v ements to military f amily housing units. Sec. 230 4 . Authorization of appropriations , Air Force. Sec. 230 5 . T ermination of authority to carry out certain fiscal year 200 9 Air Force project. Sec. 230 6 . Ex tension of authorizations of certain fiscal year 200 7 projects. Sec. 2307. Extension of authorizations of certain fiscal year 2006 projects. Sec. 230 8 . C onveyance to Indian tri b es of certain housing units. SEC. 2 3 0 1 . AUTHORI Z ED AIR FORCE CONSTRUCTION AND LAND AC Q UISITION PROJECTS. (a) I NSIDE T H E U NITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may ac q uire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: A ir F o r ce: I ns i d e th e United St a tes State Insta l lation or Location A m o u nt Alask a . ........................................ C l e a r A i r Fo r c e St atio n .......................... $24,30 0,000 E ielson Air Force B ase ........................... $ 1 3,3 5 0,000 El m en d or f Air Force Base ...................... $15, 7 00,000 Ari z ona ........................................ D a v is -M ont h an Air Force Base ............. $41, 9 00,000 Arkansas ..................................... L ittle R ock Air Force Base ..................... $1 6 ,200,000 California .................................... Los An g eles Air Force Base ................... $ 8 ,000,000 T ravis Air Force Base ............................ $12,900,000 V anden b erg Air Force Base ................... $13,000,000 Colorado ...................................... P eterson Air Force Base ......................... $32,300,000 Terminat i o n d ate .


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 123STA T . 2 6 3 7PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9AirFo r ce:Ins i d e th e U nited S t a tes —Conti n ued State Insta l lation or L ocation A m o u nt UnitedS t a te sA i rFo r c e Acade my. ........ $17,50 0,000 D e l a w are ..................................... Do v er Air Force B ase ............................. $ 24, 9 00,000 Florida ........................................ Eg lin Air Force Base .............................. $ 8 4, 36 0,000 Hu rl b urt Field ......................................... $19,900,000 M acDill Air Force Base .......................... $59,300,000 P atric k Air Force Base ........................... $8,400,000 G eorgia ........................................ Moody Air Force Base ............................ $10,000,000 W arner R obins Air Force Base .............. $6,200,000 Hawaii ......................................... Hickam Air Force Base .......................... $4,000,000 W h eeler Air Force Base ......................... $15,000,000 I daho ........................................... Mountain Home Air Force Base ............ $20,000,000 Illinois ......................................... Scott Air Force Base ............................... $7,400,000 L ouisiana .................................... Barksdale Air Force Base ...................... $12,800,000 Maryland .................................... Andrews Air Force Base ........................ $9,300,000 Mississi p pi .................................. C olumbus Air Force Base ...................... $9,800,000 Missouri ...................................... Whiteman Air Force Base ...................... $12,900,000 Montana ...................................... Malstrom Air Force Base ....................... $10,600,000 N ebraska .................................... Of futt Air Force Base ............................. $10,400,000 Nevada ........................................ Creech Air Force Base ............................ $2,700,000 New J ersey ................................. McGuire Air Force Base ......................... $7,900,000 New Me x ico ................................ Cannon Air Force Base .......................... $15,000,000 Holloman Air Force Base ....................... $53,400,000 K irtland Air Force Base ......................... $22,500,000 North Carolina ........................... Pope Air Force Base ............................... $9,000,000 ...................................................... Seymour Johnson Air Force Base ......... $6,900,000 North Dakota ............................. Grand Forks Air Force Base .................. $12,000,000 ...................................................... Minot Air Force Base ............................. $11,500,000 Ohio ............................................. Wright - Patterson Air Force Base .......... $58,600,000 Oklahoma ................................... Altus Air Force Base .............................. $20,300,000 T inker Air Force Base ............................ $18,237,000 V ance Air Force Base ............................. $10,700,000 South Carolina ........................... Shaw Air Force Base .............................. $21,183,000 South Dakota ............................. Ellsworth Air Force Base ....................... $14,500,000 Texas ........................................... Dyess Air Force Base ............................. $4,500,000 Goodfellow Air Force Base ..................... $44,400,000 Lackland Air Force Base ........................ $113,879,000 Sheppard Air Force Base ....................... $13,450,000 Utah ............................................ Hill Air Force Base ................................. $26,153,000 Virginia ....................................... Langley Air Force Base .......................... $10,000,000 Washington ................................. Fairchild Air Force Base ........................ $15,150,000 Wyoming ..................................... F. E. Warren Air Force Base ................. $9,100,000 (b)OUTSIDE T H E UN ITED S T A TES .— U singamou n t sa p p r opriat ed pursuant to t h e authori z ation o f appropriations in se c tion 2304 (2), the Secretar y of the A ir F orce may ac q uire rea l property and carry out military construction pro j ects for the installations or locations outside the United States, and in the amounts, set forth in the follo w ing table Air Force: O utside the United States C ountr y Installation or Location Amount Afghanistan .............................. Bagram Air Base ............................................. $22,000,000 Colombia .................................. Palan q uero Air Base ....................................... $46,000,000 Germany ................................... Ramstein Air Base .......................................... $34,700,000 Spangdahlem Air Base ................................... $23,500,000 Guam ........................................ Andersen Air Force Base ................................ $61,702,000 Italy .......................................... Naval Air Station Sigonella ........................... $31,300,000 Q atar ........................................ Al Udeid Air Base ........................................... $60,000,000 Turkey ...................................... Incirlik Air Base .............................................. $9,200,000


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Page:United States Statutes at Large Volume 123.djvu/2658

 123STA T . 2 6 3 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9SEC.230 2. FAMILYHOU SI NG . Usingamou n t sa p p r opriat ed pursuant to t h e authori z ation o f appropriations in se c tion 2304(5) ( A ) , the S ecretar y of the Air F orce may carry out architectura l and engineering ser v ices and construc - tion design activities w ith respect to the construction or improve- ment of family housing units in an amount not to e x ceed $ 4,3 1 4,000 . SEC. 2303. IM PR O V EMEN T S TO MILITARY FAMILY HOUSING UNITS. Su bj ect to section 2 8 25 of title 10, United States C ode, and using amounts appropriated pursuant to the authorization of appro- priations in section 2304(5)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $ 6 1, 7 37,000. SEC. 230 4 . AUTHORI Z ATION OF APPROPRIATIONS , AIR FORCE. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 200 9, for military construction, land ac q uisition, and military family housing functions of the D epart- ment of the Air Force in the total amount of $1,984,963,000, as follows (1) For military construction projects inside the United States authorized by section 2301(a), $1,003,962,000. (2) For military construction projects outside the United States authorized by section 2301(b), $288,402,000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $20,000,000. (4) For architectural and engineering services and construc- tion design under section 2807 of title 10, United States Code, $103,562,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $66,101,000. ( B ) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $502,936,000. SEC. 230 5 . TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 200 9 AIR FORCE PRO J ECT. (a) TERMINAT I O N. — The table in section 2301(c) of the M ilitary Construction Authorization Act for Fiscal Y ear 2009 (division B of P ublic L aw 110 – 417 122 Stat. 4682) is amended in the item relating to Unspecified W orldwide Locations by stri k ing ‘ ‘$38,391,000 ’ ’ in the amount column and inserting ‘‘$891,000’’. (b) CON F ORMIN G AMEN D MENT S .—Section 2304 of that Act (122 Stat. 4683) is amended— (1) in the matter preceding paragraph (1), by striking ‘‘$2,108,090,000’’ and inserting ‘‘$2,070,590,000’’; and (2) in paragraph (3), by striking ‘‘$38,391,000’’ and inserting ‘‘$891,000’’. SEC. 230 6 .E X TENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 200 7 PROJECTS. (a) EX TENSION.— N otwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2463), authorizations set forth in the table in subsection (b), as provided in sections 2301 and Terminat i o n d ate .