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 123STA T . 2 45 5 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9ofDe fe ns e t o r e l e a se i nto t h e U nite dS tates , its territories, or p ossessions, an y indi v id u al des c ri b ed in subsection ( e ). (b) TRANSFE R LIM I T ATI O N. — Durin g the period beginning on O ctober 1, 20 0 9 , and ending on Dece m ber 3 1, 2010, the Secretary of Defense may not use any of the amounts authori z edtobe appropriated in this A ct or other w ise available to the Department of Defense to transfer any individual described in subsection (e) to the United States, its territories, or possessions, until 45 days after the P resident has submitted to the congressional defense committees the plan described in subsection (c). (c) C OM P RE H ENSI V EP L AN R E QU IRE D .—The President shall submit to the congressional defense committees a plan for the disposition of each individual described in subsection (e) who is proposed to be transferred to the United States, its territories, or possessions. Such plan for each individual shall include, at a minimum— (1) an assessment of the ris k that the individual described in subsection (e) poses to the national security of the United States, its territories, or possessions (2) a proposal for the disposition of each such individual; (3) the measures to be taken to mitigate any risks described in paragraph (1); (4) the location or locations at which the individual will be held under the proposal for disposition re q uired by para - graph (2); (5) the costs associated with e x ecuting the plan, including technical and financial assistance required to be provided to State and local law enforcement agencies, if necessary, to carry out the plan; ( 6 ) a summary of the consultation required in subsection (d); and ( 7 ) a certification by the Attorney G eneral that under the plan the individual poses little or no security risk to the United States, its territories, or possessions. (d) CONSULTATION REQUIRED.—The President shall consult with the chief executive of the State, the District of Columbia, or the territory or possession of the United States to which the disposition in subsection (c)(2) includes transfer to that State, District of Columbia, or territory or possession. (e) DETAINEES DES C RI B ED.—An individual described in this sub- section is any individual who is located at United States N aval Station, Guantanamo B ay, Cuba, as of October 1, 2009, who— (1) is not a citizen of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at the United States Naval Station, Guantanamo Bay, Cuba. SEC.1042 . AD D IT I ON A L S UBP OENA AUT H O R IT YF OR THE INSPECTOR G ENERAL OF THE DEPART M ENT OF DEFENSE. Section 8 of the I nspector General Act of 1978 (5 U.S.C. App. 8) is amended by adding at the end the following new subsection

‘(i)(1) The Inspector General of the Department of Defense is authorized to require by subpoena the attendance and testimony of witnesses as necessary in the performance of functions assigned to the Inspector General by this Act, except that the Inspector Presid e nt. President. T i m e p eri o d. D e a d l ine.


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 123STA T . 2 456PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Gen e ralsh all u se p r oc e d ures o t her than su b poenas to obta i n attend - ance and testi m on yf rom F ederal employees .‘ ‘ (2)A subpoena issued under this subsection , in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate U nited S tates district court. ‘‘( 3 ) T he I nspector General shall notify the Attorney General 7 days before issuin g any subpoena under this section. ’ ’. SEC.1043 . LIM I TA TI ON SONMO D I F ICATIONS OF CE R TAIN G O V ERN - MENT F U RNIS H EDE Q UI P MENT ONE-TIME AUTHORIT Y TO TRANSFER CERTAIN MILITARY PROTOTYPE. (a) LIM I TA TI ON . — An article of military e q uipment that is an enditemofama j or w eapon system may not be furnished or transferred to a pri v ate entity for the conduct of research, develop- ment, test and evaluation under contractual agreement with the D epartment of Defense, if such research, development, test, and evaluation necessitates significantly modifying the military equip- ment, until the senior acquisition official of a military department, or his designee, submits to the congressional defense committees certification in writing— ( 1 ) that the modification of such article of military equip- ment is necessary to e x ecute the contractual scope of wor k and there is no suitable alternative to modifying such article (2) that the research, development, test, and evaluation effort is of sufficient interest to the military department to warrant the modification of such article of military equipment; (3) that— (A) prior to the end of the period of performance of such a contractual agreement, the article of military equip- ment will be restored to its original condition; or ( B ) it is not necessary to restore the article of military equipment to its original condition because the military department intends to dispose of the equipment or operate the equipment in its modified form. ( 4 ) that the private entity has sufficient resources and capability to fully perform the contractual research, develop- ment, test, and evaluation; and ( 5 ) that the military department has— (A) identified the scope of future test and evaluation likely to be required prior to transition of the associated technology to a program of record; and (B) a plan for the conduct of such future test and evaluation, including the anticipated roles and responsibil- ities of government and the private entity, as applicable. (b) CER TI F I C ATION.— N o military equipment that is an end item of a major weapons system may be transferred or furnished to a private entity for purposes of research and development as author- i z ed under subsection (a) unless the senior officer of the military service concerned certifies to the congressional defense committees that such equipment is not essential to the defense of the United States. (c) O NE-TIME A U T H ORIT Y TO TRAN S FER.—The Secretary of the Navy may transfer, to P iasecki Aircraft Corporation of E ssington, Pennsylvania (in this section referred to as ‘‘transferee’’), all right, title, and interest of the United States, except as otherwise provided in this subsection, in and to Navy aircraft N4 0V T (Bureau Number Pen n sylva n i a .C e rt i f i c ati o n. 10US C 235 3 note. N otification. D ea d line.

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 123STA T . 2 457PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 916328 3 ),alsokn o w nas theX–49A a irc ra f t, an d associated co mp o - nents and test e qu ipment, pre v iousl y specified as G overnment- furnished equipment in contract N0 0019–00– C –0284 .T he trans- feree shall provide consideration for the transfer of such military equipment to the transferor of an amount not to e x ceed fair value, as determined, on a non-dele g a b le basis, by the S ecretary. ( d)A P P LICAB L EL A W . — The transfer or use of military equip- ment is sub j ect to all applicable F ederal and State laws and regula- tions, including, but not limited to, the Arms E xport Control Act, the Export Administration Act of 19 7 9, continued under Executive O rder 12924, I nternational Traffic in Arms R egulations (22 C.F.R. 120 et seq.), Export Administration Regulations (1 5 C.F.R. 730 et seq.), Foreign Assets Control Regulations (31 C.F.R. 500 et 13 seq.), and the Espionage Act. (e) C OND I T ION O F E QU IP M ENT TO B ET R AN S FERRED.— (1) AS-IS CONDITION.—The military equipment transferred under subsection (c) shall be transferred in its current ‘ ‘as- is ’ ’ condition. The Secretary is not required to repair or alter the condition of any military equipment before transferring any interest in such equipment under subsection (c). (2) SPARE PARTS OR EQUIPMENT.—The Secretary of the Navy is not required to provide spare parts or equipment as a result of the transfer authori z ed under subsection (c). (f) TRANSFER AT NO COST TO T H E U NITED STATES.—The transfer of military equipment under subsection (c) shall be made at no cost to the United States. Any costs associated with the transfer shall be borne by the transferee. (g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary shall require that the transfer authorized by section (c) be carried out by means of a written agreement and shall require, at a minimum, the following conditions to the transfer (1) A condition stipulating that the transfer of the X-49A aircraft is for the sole purpose of further development, test, and evaluation of vectored thrust ducted propeller (hereinafter in this section referred to as ‘‘ V T DP ’’) technology. (2) A condition providing the Government the right to procure the VTDP technology demonstrated under this program at a discounted cost based on the value of the X-49A aircraft and associated equipment at the time of transfer, with such valuation and terms determined by the Secretary. (3) A condition that the transferee not transfer any interest in, or transfer possession of, the military equipment transferred under subsection (b) to any other party without the prior writ- ten approval of the Secretary. (4) A condition that if the Secretary determines at any time that the transferee has failed to comply with a condition set forth in paragraphs (1) through (3), all items referred to in subsection (b) shall be transferred back to the Navy, at no cost to the United States. (5) A condition that the transferee acknowledges sole responsibility of the X-49A aircraft and associated equipment and assumes all liability for operation of the X-49A aircraft and associated equipment. (h) NO LIABILIT Y FOR THE UNITED STATES.—Upon the transfer of military equipment under subsection (b), the United States shall not be liable for any death, injury, loss, or damage that results Contrac t s.


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 123STA T . 2 458PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9fromtheus eofsu c hm il it a r y e q ui p me n t b y any person other than the U nite dS tates .( i )AD D IT I ONALTERMS AND C ONDITIONS. — The Secretary may require such additional terms and conditions in connection w ith a transfer under subsection (b) as the Secretary considers appro - priate to protect the interests of the United States. ( j ) D E F INITIONS.— I n this subsection ( 1 ) The term ‘ ‘major system ’ ’ has the meanin g pro v ided in section 230 2 of title 10 , United States Code. (2) The term ‘‘contractual agreement’’ includes contracts, grants, cooperative agreements, and other transactions. Subti t leE— Stu d ie san d R e por ts SEC.105 1. R E PO R T O N ST A T U TOR Y CO M P LI ANCE O F T H E REPORT ON THE 2 00 9Q UA D RENNIAL DEFENSE RE V IE W. (a) COM P TROLLER G ENERAL R EPORT.— N ot later than 9 0 days after the Secretary of Defense releases the report on the 2009 quadrennial defense review, the Comptroller General shall submit to the congressional defense committees and to the Secretary of Defense a report on the degree to which the report on the 2009 quadrennial defense review addresses each of the items required by subsection (d) of section 11 8 of title 10, United States Code. (b) SE C RETAR Y OF DEFENSE REPORT.—If the Comptroller Gen- eral determines that the report on the 2009 quadrennial defense review fails to directly address items required by subsection (d) of section 118 of such title, the Secretary of Defense shall submit to the congressional defense committees a report directly addressing those items not later than 30 days after the submission of the report by the Comptroller General required by paragraph (1). SEC. 1052. REPORT ON THE FORCE STRUCTURE FINDIN G SOFTHE 2009 QUADRENNIAL DEFENSE REVIEW. (a) REPORT RE QU IREMENT.—Concurrent with the delivery of the report on the 2009 quadrennial defense review required by section 118 of title 10, United States Code, the Secretary of Defense shall submit to the congressional defense committees a report with a classified anne x containing— (1) the analyses used to determine and support the findings on force structure required by such section and (2) a description of any changes from the previous quadren- nial defense review to the minimum military requirements for major military capabilities. (b) M A J OR MILITARY CAPA B ILITIES DEFINED.—In this section, the term ‘‘major military capabilities’’ includes any capability the Secretary determines to be a major military capability, any capa- bility discussed in the report of the 200 6 quadrennial defense review, and any capability described in paragraph (9) or (10) of section 118(d) of title 10, United States Code. SEC. 105 3 . ANNUAL REPORT ON THE ELECTRONIC WARFARE STRATEGY OF THE DEPARTMENT OF DEFENSE. (a) ANNUAL REPORT REQUIRED.—At the same time as the P resi- dent submits to Congress the budget under section 110 5 (a) of title 31, United States Code, for each of fiscal years 2011 through 2015, the Secretary of Defense, in coordination with the Chairman of the J oint Chiefs of Staff and the Secretary of each of the military Clas s if i ed i n f orm a t ion .D etermination.


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 123STA T . 2 459PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 departm e n t s, s h a l ls ub m i tt o the c on g ressional de f ense committees an annual report on the electronic w arfare strateg y of the D epart - ment of Defense .( b )CONTE NT S O FR E P O R T. —E ach report re q uired under sub- section (a) shall include each of the following ( 1 ) A description and o v erview of— (A) the electronic warfare strategy of the Department of Defense ( B ) how such strategy supports the N ational Defense S trategy; and (C) the organi z ational structure assigned to oversee the development of the Department ’ s electronic warfare strategy, requirements, capabilities, programs, and pro j ects. ( 2 ) A list of all the electronic warfare acquisition programs and research and development projects of the Department of Defense and a description of how each program or project supports the Department’s electronic warfare strategy. ( 3 ) F or each unclassified program or project on the list required by paragraph (2)— (A) the senior acquisition e x ecutive and organization responsible for oversight of the program or project; (B) whether or not validated requirements exist for the program or project and, if such requirements do exist, the date on which the requirements were validated and the organizational authority that validated such require- ments; (C) the total amount of funding appropriated, obligated, and forecasted by fiscal year for the program or project, including the program element or procurement line number from which the program or project receives funding; (D) the development or procurement schedule for the program or project; (E) an assessment of the cost, schedule, and perform- ance of the program or project as it relates to the program baseline for the program or project, as of the date of the submission of the report, and the original program baseline for such program or project, if such baselines are not the same; (F) the technology readiness level of each critical tech- nology that is part of the program or project; ( G ) whether or not the program or project is redundant or overlaps with the efforts of another military department; and ( H ) the capability gap that the program or project is being developed or procured to fulfill. ( 4 ) A classified annex that contains the items described in subparagraphs (A) through (H) of paragraph (3) for each classified program or project on the list required by paragraph (2). SEC.1054 . S TUDYONA SYSTE MF O R CAREER DE V E L O P MENT AND MANA G EMENT OF I NTERAGENCY NATIONAL SECURITY PROFESSIONALS. (a) ST UDY RE Q U I RED.—


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 123STA T . 2 460PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(1)DESIGNAT I O NO F E X E CU TI V E AGENC Y.—Notla t er t h a n30d a ys a f ter the date of the ena c t m ent of th i s A ct , the P resi - dent shall desi g nate an Ex ec u ti v e agency to commission a study of the matters descri b ed in subsection (b) by an a p propriate independent, nonprofit organi z ation. T he designated Executive agency shall select the organization and commission the study not later than 9 0 days after the date of the enactment of this Act. ( 2 ) Q UA L IFICATIONS OF O R GANI Z ATION SELECTE D .—The organization selected shall be q ualified on the basis of having performed related w or k in the fields of national security and human capital development, and on the basis of such other criteria as the head of the designated Executive agency may determine. (b) M ATTERS TO B E EXA M INED.—The study required by sub- section (a) shall examine matters pertaining to a system for the development and management of interagency national security professionals including, at a minimum, the following (1) PROFESSIONAL DEVELO P MENT.—The skills, education, training, and professional experiences desired in interagency national security professionals at various career stages, as well as the feasibility, benefits, and costs of developing a pool of personnel necessary to enable interagency national security professionals to undertake such professional development opportunities. (2) C OORDINATION.—Procedures for ensuring appropriate consistency and coordination among participating Executive agencies, such as methods for identifying positions and per- sonnel that should be included in the system, and coordination of treatment in personnel and human resource systems, including performance review and promotion policies. (3) F UNDING.—Potential mechanisms for funding an inter- agency national security professional development program. ( 4 ) MILITARY AND STATE AND LOCAL GOVERNMENT PER- SONNEL.—The feasibility of integrating, coordinating, or supplementing the systems and requirements regarding experi- ence and education for military officers with an interagency national security professional system, as well as potential means of, and benefits and drawbacks of, including S tate and local government organizations and personnel in the system. ( 5 ) I NCENTIVES TO PARTICIPATE.—Incentives and require- ments that could be implemented to encourage personnel and organizations to fully participate in the system across various career levels. ( 6 ) CURRENT EFFORTS.—The effectiveness of, and lessons learned from, ma j or current efforts at developing interagency national security professionals. (c) R EPORT.—A report containing the findings and recommenda- tions resulting from the study required by subsection (a), together with any views or recommendations of the President, shall be submitted to Congress not later than December 1, 2010. (d) DEFINITIONS.—In this section: (1) The term ‘ ‘Executive agency ’ ’ has the meaning given such term by section 105 of title 5, U nited States Code. (2) The term ‘‘employee’’ has the meaning given such term by section 2105 of title 5, United States Code. Presid e nt.


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 123STA T . 2 46 1 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(3)Thet e rm‘ ‘ in ter ag en cy nati o na ls ec u rity p ro f essional ’ ’ means an employee of an Ex ecuti v e agency w ho plans , coor d i - nates, or participates in activities relating to the national secu- rity of the U nited S tates that re q uire significant interaction and engagement with other Executive agencies .SEC.105 5. R E PO R T O N N U C L E A R ASP I RATIONS O F NON - STATE ENTI- TIES , NUCLEAR W EAPONS AN D RELATED PRO G RA M SIN NON-NUCLEAR-WEAPONS STATES AND COUNTRIES NOT PARTIES TO T H E NUCLEAR NON-PROLIFERATION TREAT Y , AND CERTAIN FOREIGN PERSONS. (a) INGE NE RAL . — The D irector of N ational Intelligence shall b iennially submit to the congressional defense committees, the Select C ommittee on Intelligence of the Senate, and the P ermanent Select Committee on Intelligence of the H ouse of R epresentatives a report— ( 1 ) on the nuclear weapons programs and any related pro- grams of countries that are non-nuclear-weapons state parties to the Treaty on Non-Proliferation of Nuclear W eapons, done at Washington, L ondon, and M oscow J uly1,1 968, and entered into force March 5 ,19 70 (commonly k nown as the ‘‘Nuclear Non-Proliferation Treaty’’) and countries that are not parties to the Treaty ( 2 ) on the nuclear weapons aspirations of such non-state entities as the Director considers appropriate to include in the report; and (3) that identifies each foreign person that, during the period covered by the report, made a material contribution to the research, development, production, or acquisition by a country of proliferation concern of— ( A ) weapons of mass destruction (including nuclear weapons, chemical weapons, or biological weapons); or ( B ) ballistic or cruise missile systems. (b) ELE M EN TS .—The report required under subsection (a) shall include, with respect to each country described in subsection (a)(1) and each non-state entity referred to in subsection (a)(2), the fol- lowing (1) A statement of the number of nuclear weapons pos- sessed by such country or non-state entity. (2) An estimate of the total number of nuclear weapons that such country or non-state entity seeks to obtain and, in the case of such non-state entity, an assessment of the extent to which such non-state entity is seeking to develop a nuclear weapon or device or radiological dispersion device. (3) A description of the technical characteristics of any nuclear weapons possessed by such country or non-state entity. ( 4 ) A description of nuclear weapons designs available to such country or non-state entity. (5) A description of any sources of assistance with respect to nuclear weapons design provided to or by such country or non-state entity and, in the case of assistance provided by such country or non-state entity, a description of to whom such assistance was provided. (6) An assessment of the annual capability of such country and non-state entity to produce new or newly designed nuclear weapons. 50USC2371.


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 123STA T . 2 46 2 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(7)Adescript i on o f t h et y pe of fissi l e ma terials u sed in any nuclear w eapons possessed b y such country or non - state entity . ( 8 ) An description of the location and production capability of any fissile materials production facilities in such country or controlled by such non-state entity , the current status of any such facilities, and any plans by such country or non- state entity to de v elop such facilities. ( 9 ) An identification of the source of any fissile materials used by such country or non-state entity, if such materials are not produced in facilities referred to in para g raph (8). ( 10 ) An assessment of the intentions of such country or non-state entity to leverage civilian nuclear capabilities for a nuclear weapons program. (11) A description of any delivery systems available to such country or non-state entity and an assessment of whether nuclear warheads have been mated, or there are plans for such warheads to be mated, to any such delivery system. (1 2 ) An assessment of the physical security of the storage facilities for nuclear weapons in such country or controlled by such non-state entity. (1 3 ) An assessment of whether such country is moderni z ing or otherwise improving the safety, security, and reliability of the nuclear weapons stoc k pile of such country. (1 4 ) An assessment of the industrial capability and capacity of such country or non-state entity to produce nuclear weapons. (1 5 ) I n the case of a country, an assessment of the policy of such country on the employment and use of nuclear weapons. (c) REF E R E NC E STOO T H ER RE P ORTS. —E ach report submitted under subsection (a) shall include a copy of any other report that is incorporated by reference into the report submitted under sub- section (a). (d) U NC LA SS I FIE DSUM MAR Y .—Each report submitted under sub- section (a) shall include an unclassified summary of such report. (e) SU B MITTAL TO C ON G RESS.— (1) IN GENERAL.—E x cept as provided in paragraph (2), the D irector of N ational Intelligence shall submit to the congres- sional defense committees, the Select Committee on Intelligence of the Senate, and the P ermanent Select Committee on Intel- ligence of the H ouse of Representatives the first report re q uired under subsection (a) by not later than September 1, 2010. (2) NOTIFICATION OF DELAY IN SUBMITTAL.—If the Director of National Intelligence determines that it will not be possible for the Director to submit the first report required under sub- section (a) by September 1, 2010, the Director shall, not later than August 1, 2010, submit to the committees specified in paragraph (1) a notice— (A) that such report will not be submitted by Sep- tember 1, 2010 and ( B ) setting forth the date by which the Director will submit such report. (f) CONFORMING AMENDMENT.—Section 722 of the Combating Proliferation of W eapons of M ass Destruction Act of 199 6 (50 U.S.C. 2369) is repealed. (g) DEFINITIONS.—In this section (1) F OREIGN PERSON.— T he term ‘ ‘foreign person ’ ’ means any of the following: Rep e al.D e t e rmin ati o n.


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 123STA T . 2 46 3 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(A) A natur a lpe r so n wh o i snota c iti z eno f the U nite dS tates . ( B ) A corporation ,b usiness association, partnership, societ y , trust, or other non g o v ern m ental entity, organiza - tion, or group that is organized under the laws of a foreign country or has its principal place of business in a foreign country. ( C ) Any foreign government or foreign governmental entity operating as a business enterprise or in any other capacity. ( D ) Any successor, subunit, or subsidiary of any entity described in subparagraph (B) or (C). ( 2 )C OUNTRY O FP RO LI F E R A TION C ONCERN. —T he term ‘ ‘country of proliferation concern ’ ’ means any country identified by the Director of Central I ntelligence as having engaged in the ac q uisition of dual-use and other technology useful for the development or production of weapons of mass destruction (including nuclear weapons, chemical weapons, and biological weapons) or advanced conventional munitions— (A) in the most recent report under section 7 2 1 of the Combating P roliferation of W eapons of M ass Destruc- tion Act of 1 9 9 6 ( 50 U.S.C. 2 3 66) or (B) in any successor report on the acquisition by foreign countries of dual-use and other technology useful for the development or production of weapons of mass destruction. SEC.1056 . C OMPTR O L LER G E N ER A LRE VI E W O FD EPARTMENT OF DEFENSE SPENDING IN FINAL FISCAL QU ARTERS. (a) R E V IE W OF SPEN D IN GB YT H ECO M PTROLLER G ENERAL.— The Comptroller General shall conduct a review of obligations incurred by the Department of Defense in the final quarter each covered fiscal year, as compared to the obligations so incurred in the first three quarters of that fiscal year, to determine if policies with respect to financial e x ecution by the Department con- tribute to hastened year-end spending and poor use or waste of taxpayer dollars. Such review shall include both one-year and multi- year appropriations for each covered fiscal year. (b) COVERED F I S CAL Y EARS.—For purposes of this section, a covered fiscal year is fiscal year 2006, 2007, 200 8, or 2009. (c) REPORT.— N ot later than March 31, 2010, the Comptroller General shall submit to the Committees on Armed Services of the Senate and H ouse of Representatives a report containing— (1) the results of the review conducted under subsection (a); and (2) any recommendations of the Comptroller General with respect to improving the policies pursuant to which amounts appropriated to the Department of Defense are obligated and expended in the final quarter of a fiscal year. SEC. 105 7 . REPORT ON AIR AMERICA. (a) DEFINITIONS.—In this section (1) AIR AMERICA.—The term ‘‘Air America’’ means Air America, Incorporated. (2) ASSOCIATED COMPANY.—The term ‘‘associated company’’ means any entity associated with, predecessor to, or subsidiary to Air America, including Air Asia Company L imited, CAT Incorporated, Civil Air Transport Company Limited, and the Pacific Division of Southern Air Transport, during the period


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 123STA T . 2 46 4 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9whensuc h a nen ti t y was o wne d and cont r o l led b y the U nited S tates G o v ern m ent .( b )REPORT O N RET I RE M ENT B ENE F IT S FOR F ORMER E MP L O Y EES OF A IR AMERI CA . — ( 1 ) I N G ENERAL.— N ot later than 1 80 days a f ter the date of the enactment of this Act , the D irector of National Intel - li g ence shall submit to C ongress a re p ort on the advisability of providing Federal retirement benefits to United States citi- z ens for the service of such citizens prior to 1 97 7 as employees of Air America or an associated company during a period when Air America or the associated company was owned or controlled by the United States Government and operated or managed by the Central Intelligence Agency. ( 2 ) REPORT ELEMENTS.— T he report re q uired by paragraph (1) shall include the following (A) The history of Air America and the associated companies prior to 1977, including a description of— (i) the relationship between Air America and the associated companies and the Central Intelligence Agency or any other element of the United States Government (ii) the wor k force of Air America and the associated companies; (iii) the missions performed by Air America, the associated companies, and their employees for the United States; and (iv) the casualties suffered by employees of Air America and the associated companies in the course of their employment. (B) A description of— (i) the retirement benefits contracted for or prom- ised to the employees of Air America and the associated companies prior to 1977; (ii) the contributions made by such employees for such benefits; (iii) the retirement benefits actually paid such employees; (iv) the entitlement of such employees to the pay- ment of future retirement benefits; and (v) the likelihood that such employees will receive any future retirement benefits. (C) An assessment of the difference between— (i) the retirement benefits that former employees of Air America and the associated companies have received or will receive by virtue of their employment with Air America and the associated companies; and (ii) the retirement benefits that such employees would have received or be eligible to receive if such employment was deemed to be employment by the United States Government and their service during such employment was credited as Federal service for the purpose of Federal retirement benefits. (D)(i) Any recommendations regarding the advisability of legislative action to treat such employment as Federal service for the purpose of Federal retirement benefits in light of the relationship between Air America and the asso- ciated companies and the United States Government and


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 123STA T . 2 465PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9thes e rvic es and sacri f ices o fs u che mpl o y ees to and for the U nited S tates .( ii )I fle g islative action is considered advisa b le under clause (i) , a proposal for such action and an assessment of its costs. ( E ) T he opinions of the D irector of the C entral Intel - ligence A gency, if any, on any matters covered by the report that the Director of the Central Intelligence Agency considers appropriate. ( 3 )A S S I S TANCEOF CO MP T R O L LER G ENERAL. — The Comp- troller G eneral of the United States shall, upon the re q uest of the Director of N ational Intelligence and in a manner con- sistent w ith the protection of classified information, assist the Director in the preparation of the report required by paragraph ( 1 ). ( 4 ) F ORM.—The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified anne x . SEC.1058 . R E PO R T O ND E F ENSE TR AV E L S IM PLIFICATION. (a) R EPORT RE QU IRE D .—Not later than 1 80 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and H ouse of Representatives a report setting forth a comprehensive plan to simplify Department of Defense travel procedures. (b) ELEMENTS.—The report required under subsection (a) shall include the following (1) A comprehensive discussion of aspects of the Depart- ment of Defense travel procedures that are most confusing, inefficient, and in need of revision. ( 2 ) A critical review of opportunities to streamline and simplify defense travel policies and to reduce travel-related costs to the Department of Defense. (3) A discussion of any actions to incorporate permanent duty travel that are being underta k en by the Secretary of Defense as of the date of the enactment of this Act. (4) A plan to gather data on the number of manual tem- porary duty vouchers processed by the Department of Defense. ( 5 ) O ptions to leverage industry capabilities and tech- nologies that could enhance management responsiveness to changing markets. ( 6 ) A discussion of pilot programs that the Secretary of Defense could carry out to demonstrate the merit of improve- ments identified pursuant to preparing the report required by this section, including a discussion of— (A) recommendations for legislative authority and ( B ) how the systems developed for purposes of such a pilot program would interact with the automated Defense Travel System in effect as of the date of the enactment of this Act. ( 7 ) Such recommendations and an implementation plan for legislative or administrative action as the Secretary of Defense considers appropriate to improve defense travel. SEC. 105 9 . REPORT ON MODELIN G AND SIM U LATION TEC H NOLOGICAL AND INDUSTRIAL B ASE. (a) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, working


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 123STA T . 2 46 6 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9throug hth eDi re c tor f or Defe ns e R ese a rch an dE ngineering , the De p ut yU nder S ecretary of Defense for I ndustria lP olicy, the C o m- mander of the United States J oint F orces Command, and other appropriate organi z ations, shall su b mit to the congressional defense committees a report that describes current and planned efforts to support and enhance the defense modeling and simulation techno- logical and industrial base, including in academia, industry, and go v ernment .( b ) E LEM E NTS . —T he report re q uired under subsection (a) shall include the follo w ing ( 1 ) A n assessment of the current and future domestic defense modeling and simulation technological and industrial base and its ability to meet current and future defense require- ments. ( 2 ) A description of current and planned programs and activities of the Department of Defense to enhance the ability of the domestic defense modeling and simulation technological and industrial base to meet current and future defense require- ments. ( 3 ) A description of current and planned Department of Defense activities in cooperation with Federal, State, and local government organizations that promote the enhancement of the ability of the domestic defense modeling and simulation technological and industrial base to meet current and future defense requirements. ( 4 ) A comparative assessment of current and future global modeling and simulation capabilities relative to those of the United States in areas related to defense applications of mod- eling and simulation. ( 5 ) An identification of additional authorities or resources related to technology transfer, establishment of public-private partnerships, coordination with regional, State, or local initia- tives, or other activities that would be required to enhance efforts to support the domestic defense modeling and simulation technological and industrial base. ( 6 ) O ther matters as determined appropriate by the Sec- retary. SEC.106 0. R E PO R T O N EN ABLI N G CAPABILITIES F OR SPECIAL OPER - ATIONS FORCES. (a) RE POR TRE QUI RE D .— N ot later than 2 70 days after the date of the enactment of this Act, the Commander of the United States Special Operations Command, j ointly with the commanders of the combatant commands and the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the M arine Corps shall submit to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff a report on the availability of enabling capabilities to support special operations forces requirements. (b) M A TTERS TO B EIN C LUDED.—The report required under subsection (a) shall include the following: (1) An identification of the requirements for enabling capabilities for conventional forces and special operations forces globally, including current and projected needs in Iraq, Afghani- stan, and other theaters of operation.


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 123STA T . 2 467PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(2)Adescript i on o f t h e processes u sed to prioriti z e a nd a l locate ena b lin g capabilities to m eet the mission re q uirements of con v entional forces and special operations forces . ( 3 ) An identification and description of an y shortfalls in enabling capabilities for special operations forces by function , region, and quantity, as determined by the C ommander of the U nited S tates Special O perations Command and the com - manders of the geographic combatant commands. ( 4 ) An assessment of the current inventory of these enabling capabilities w ithin the military departments and components and the United States Special Operations Com- mand. ( 5 ) An assessment of whether there is a need to create additional enabling capabilities by function and quantity. ( 6 ) An assessment of the merits of creating additional enabling units, by type and quantity — (A) within the military departments and ( B ) within the United States Special Operations Com- mand. ( 7 ) R ecommendations for meeting the current and future enabling force requirements of the United States Special Oper- ations Command, including an assessment of the increases in endstrength, equipment, funding, and military construction that would be required to support these recommendations. ( 8 ) Any other matters the Commander of the United States Special Operations Command, the commanders of the combat- ant commands, and the Chief of Staff of the Army, the Chief of N aval Operations, the Chief of Staff of the Air F orce, and the Commandant of the M arine Corps consider useful and relevant. (c) R EPORT TO CO NG RE S S.—Not later than 3 0 days after receiving the report required under subsection (a), the Secretary of D efense shall forward the report to the congressional defense committees with any additional comments the Secretary considers appropriate. SEC.106 1. AD D IT I ON A LM EM B E R SANDD U TIES F ORT H E INDE -P ENDENT PANEL TO ASSESS THE Q UADRENNIAL DEFENSE RE V IE W. (a) A D D I TION AL ME MB ERS.— ( 1 ) I N GENERAL.—For purposes of conducting the assess- ment of the 200 9 quadrennial defense review under section 118 of title 10, United States Code (in this section referred to as the ‘ ‘2009 Q DR ’ ’), the independent panel established under subsection (f) of such section (in this section referred to as the ‘‘ P anel’’) shall include eight additional members as follows (A) T wo appointed by the chairman of the Committee on Armed Services of the H ouse of Representatives. (B) Two appointed by the chairman of the Committee on Armed Services of the Senate. (C) Two appointed by the ran k ing member of the Com- mittee on Armed Services of the House of Representatives. (D) Two appointed by the ranking member of the Com- mittee on Armed Services of the Senate. (2) PERIOD O F APPOINTMENT; V A C ANCIES.—Members of the Panel appointed under paragraph (1) shall be appointed for the life of the Panel. Any vacancy in an appointment to the


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 123STA T . 2 468PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9Panelu n d e rp ara g rap h(1)s hall b e fi lled in t he sa m e manner as the o riginal appointment . (b) AD D IT I ONALDU TI ES . —I n addition to the duties of the Panel under se c tion 11 8 (f) of title 1 0,U nited S tates C ode, the Panel shall, w ith respect to the 2 00 9Q D R — (1) re v iew the Secretar y of Defense ’ s terms of reference, and any other materials providing the basis for, or substantial inputs to, the wor k of the Department of Defense on the 2009 QDR (2) conduct an assessment of the assumptions, strategy, findings, and risks in the report of the Secretary of Defense on the 2009 QDR, with particular attention paid to the risks described in that report; ( 3 ) conduct an independent assessment of a variety of pos - sible force structures for the Armed F orces, including the force structure identified in the report of the Secretary of Defense on the 2009 QDR; and ( 4 ) review the resource re q uirements identified in the 2009 QDR pursuant to section 118(b)(3) of title 10, United States Code, and, to the e x tent practicable, make a general comparison of such resource requirements with the resource requirements to support the forces contemplated under the force structures assessed under paragraph (3). (c) RE P O R TS.— (1) INITIAL REPORT O F PANEL.— T he report on the 2009 QDR that is submitted to Congress pursuant to section 118(f)(2) of title 10, United States Code, shall include, in addition to any other matters required by such section, the interim findings of the Panel with respect to the matters specified in subsection (b). (2) FINAL REPORT OF PANEL.— N ot later than J uly 1 5, 2010, the Panel shall submit to the Secretary of Defense, and to the congressional defense committees, the final report of the Panel on the matters specified in subsection (b). The report shall include such recommendations on such matters as the Panel considers appropriate. (3) REPORT OF SE C RETAR Y OF DEFENSE.—Not later than August 15, 2010, the Secretary of Defense shall, after consulta- tion with the Chairman of the Joint Chiefs of Staff, submit to the congressional defense committees a report setting forth the Secretary’s response to the final report of the Panel under paragraph (2). (d) TER M INATION OF PANEL.—The Panel shall terminate 45 days after the date on which the Panel submits its final report under subsection (c)(2). SEC.1062 .C ONGR ESS I ON AL EAR M AR K S RELA T INGTOT H E D E P ART - MENT O F DEFENSE. (a) REPORT ON RECURRIN GE ARMAR K S.— (1) REPORT RE Q UIRED.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report regarding covered earmarks. (2) ELEMENTS.—The report required by paragraph (1) shall include the following (A) An identification of each covered earmark that has been included in a national defense authori z ation Act 10USC23 02 note.


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 123STA T . 2 469PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 forth r e eor m ore c o ns ec u t iv e fisc aly ears as of the d ate of the enactment of this A ct .(B) A descri p tion of the e x tent to w hich competitive or merit -b ased procedures were used to award fundin g, or to enter into a contract, grant, or other agreement, pursuant to each covered earmar k . ( C ) An identification of the specific contracting vehicle used for each covered earmark. ( D ) I n the case of any covered earmark for which competitive or merit-based procedures were not used to award funding, or to enter into the contract, grant, or other agreement, a statement of the reasons competitive or merit-based procedures were not used. (b) D O DI NSPECT O RG ENER AL A UDI TO F CON G RESSIONAL E AR- M AR K S. —T he Inspector General of the Department of Defense shall conduct an audit of contracts, grants, or other agreements pursuant to congressional earmarks of Department of Defense funds to deter- mine whether or not the recipients of such earmarks are complying with re q uirements of F ederal law on the use of appropriated funds to influence, whether directly or indirectly, congressional action on any legislation or appropriation matter pending before Congress. (c) DEFINITIONS.—In this section ( 1 ) The term ‘ ‘congressional earmark ’ ’ means any congres- sionally directed spending item ( S enate) or congressional ear- mark ( H ouse of R epresentatives) on a list published in compli- ance with rule XL I V of the Standing Rules of the Senate or rule XXI of the Rules of the House of Representatives. ( 2 ) The term ‘‘covered earmark’’ means any congressional earmark identified in the j oint explanatory statement to accom- pany the Duncan Hunter N ational Defense Authori z ation Act for Fiscal Y ear 2 0 0 9 ( P ublic Law 110 –4 1 7 ) that was printed in the Congressional Record on September 2 3, 200 8 . (3) The term ‘‘national defense authorization Act’’ means an Act authorizing funds for a fiscal year for the military activities of the Department of Defense, and for other purposes. SEC.1063 . R E PO R T O NBA S I N G P L ANS F OR CERTAIN U NITE D STATES GEOGRAP H IC CO M BATANT COMMANDS. (a) REPORT RE Q UIREMENT.—Concurrent with the delivery of the report on the 2009 quadrennial defense review required by section 118 of title 10, U nited States Code, the Secretary of Defense shall submit to the congressional defense committees a report on the plan for basing of forces outside the United States. (b) M ATTERS CO V ERED.—The report required under subsection (a) shall contain a description of— (1) how the plan supports the United States national secu- rity strategy (2) how the plan supports the security commitments under- taken by the United States pursuant to any international secu- rity treaty, including the North Atlantic Treaty, the Treaty of Mutual Cooperation and Security between the United States and J apan, and the Security Treaty Between Australia, New Z ealand, and the United States of America; (3) how the plan addresses the current security environ- ment in each geographic combatant command’s area of responsi- bility, including United States participation in theater security 10USC 11 3note.


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 123STA T . 2 470PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9co o perati o n acti v itie s an db i l ateral partners h ip , e x chan g es, and training exercises the i m pact that a permanent change in the basing o f a u nit currentl y stationed outside the U nited S tates w ould have on the matters described in paragraphs ( 1 ) through ( 3 ); ( 5 ) the impact the plan will have on the status of overseas base closure and realignment actions underta k en as part of a global defense posture realignment strategy and the status of development and execution of comprehensive master plans for overseas military main operating bases, forward operating sites, and cooperative security locations of the global defense posture of the United States; ( 6 ) any recommendations for additional closures or realign - ments of military installations outside of the United States; and ( 7 ) any comments resulting from an interagency review of the plan that includes the D epartment of State and other relevant F ederal departments and agencies . (c) NOTIF I CA TIO NREQU I R E M ENT. —T he Secretary of Defense shall notify C ongress at least 3 0 days before the permanent reloca- tion of a unit stationed outside the United States as of the date of the enactment of this A ct. (d) DEFINITION S .— I n this section (1) UNIT.—The term ‘ ‘unit ’ ’ has the meaning determined by the Secretary of Defense for purposes of this section. ( 2 ) G EO G RA PH IC COM B ATANT COMMAN D .—For purposes of this section, the term ‘‘geographic combatant command’’ means a combatant command with a geographic area of responsibility that does not include North America. Subti t leF—O t h e rMa tter sSEC.107 1.E XT E N S IO NO F CE R T A INA U T H ORIT Y FOR M A K IN G RE W AR D S FOR COM B ATING TERRORISM. Section 127b(c)(3)(C) of title 10, United States Code, is amended by striking ‘‘200 9 ’’ and inserting ‘‘2010’’. SEC. 107 2 . BUSINESS P ROCESS REENGINEERING. (a) NE WP ROGRAMS.—Section 2222 of title 10, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as para- graphs (2) and (3), respectively; ( B ) by inserting before paragraph (2), as redesignated by subparagraph (A) of this subsection, the following new paragraph (1): ‘‘(1) the appropriate chief management officer for the defense business system moderni z ation has determined whether or not— ‘‘(A) the defense business system modernization is in compliance with the enterprise architecture developed under subsection (c); and ‘‘(B) appropriate business process reengineering efforts have been undertaken to ensure that—
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 123STA T . 2 47 1 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9‘ ‘ (i)thebus i n ess proc ess to be supporte d b y the de f ense business syste m moderni za tion w i l lbeas streamlined and efficient as practicable and ‘‘(ii) the need to tailor commercial - off-the-shelf sys- tems to meet uni q ue requirements or incorporate unique interfaces has been eliminated or reduced to the ma x imum extent practicable; ’ ’; ( C ) in para g raph ( 2 ) , as redesignated by subparagraph ( A ) of this subsection, by stri k ing subparagraph (A) and inserting the following new subparagraph (A) ‘‘(A) has been determined by the appropriate chief management officer to be in compliance with the require- ments of paragraph ( 1 );’’; and ( D ) in paragraph ( 3 ), as redesignated by subparagraph (A) of this paragraph, by striking ‘‘the certification by the appro v al authority is’’ and inserting ‘‘the certification by the approval authority and the determination by the chief management officer are’’; and (2) in subsection (f) — (A) by redesignating paragraphs (1) through ( 5 )as subparagraphs (A) through ( E ), respectively; ( B ) by inserting ‘‘(1)’’ before ‘‘ T he S ecretary of Defense’’; (C) in subparagraph (E) of paragraph (1), as designated by this paragraph, by striking ‘‘paragraphs (1) through ( 4 )’’ and inserting ‘‘subparagraphs (A) through (D)’’; and (D) by adding at the end the following new paragraph (2): ‘‘(2) F or purposes of subsection (a), the appropriate chief management officer for a defense business system modernization is as follows: ‘‘(A) I n the case of an Army program, the Chief M anage- ment O fficer of the Army . ‘‘(B) In the case of a N avy program, the Chief Management Officer of the Navy. ‘‘(C) In the case of an Air Force program, the Chief Manage- ment Officer of the Air Force. ‘‘(D) In the case of a program of a Defense Agency, the Deputy Chief Management Officer of the Department of Defense. ‘‘(E) In the case of a program that will support the business processes of more than one military department or Defense Agency, the Deputy Chief Management Officer of the Depart- ment of Defense.’’. (b) O NGOI NG PR OGR AMS .— (1)ING E NERA L .—Not later than one year after the date of the enactment of this Act, the appropriate chief management officer for each defense business system modernization approved by the Defense Business Systems Management Com- mittee before the date of the enactment of this Act that will have a total cost in excess of $ 1 0 0,000,000 shall review such defense business system modernization to determine whether or not appropriate business process reengineering efforts have been undertaken to ensure that— (A) the business process to be supported by such defense business system modernization will be as stream- lined and efficient as practicable; and Deadlin e .R e v ie w. 10USC2 222 n ot e.


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 123STA T . 2 47 2 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(B)then ee d t o t ail o rc o m mercial - o f f-the- s helf s y stems to meet u ni q ue requirements or incor p orate unique inter- faces has b een eliminated or reduced to the ma x imum extent practicable . ( 2 ) ACTION ON F IN D IN G OF LA C K OF RE ENGINEERING EFFORT S . —I f the appropriate chief mana g ement officer deter- mines that appropriate business process reengineering efforts ha v e not been underta k en w ith regard to a defense business system moderni z ation as described in paragraph ( 1 ) , that chief management officer— (A) shall develop a plan to undertake business process reengineering efforts with respect to the defense business system modernization and (B) may direct that the defense business system mod- ernization be restructured or terminated, if necessary to meet the requirements of paragraph (1). ( 3 ) D EFINITIONS.—In this subsection (A) T he term ‘ ‘appropriate chief management officer ’ ’, with respect to a defense business system modernization, has the meaning given that term in paragraph (2) of sub- section (f) of section 2222 of title 1 0, U nited S tates C ode (as amended by subsection (a)(2) of this section). (B) The term ‘‘defense business system modernization’’ has the meaning given that term in subsection ( j )(3) of section 2222 of title 10, United States Code. SEC.1073 . T EC HNI C AL AN D CLE R ICAL A M ENDMENTS. (a) TITLE 10, UNITED STATES CODE.—Title 10, United States Code, is amended as follows: (1) The table of chapters at the beginning of subtitle A is amended— (A) in the item relating to chapter 8 1, by striking ‘‘1 5 81’’ and inserting ‘‘1580’’; and (B) in the item relating to chapter 152, by striking ‘‘25 4 1’’ and inserting ‘‘2551’’. (2) Section 118(g) is amended by striking ‘‘the date of the enactment of the N ational Defense Authorization Act for F iscal Y ear 2008’’ in paragraphs (1) and (2) and inserting ‘‘ J anuary 28, 2008,’’. (3) Section 184(b)(3) is amended by striking ‘‘the date of the enactment of this section’’ and inserting ‘‘ O ctober 1 7, 200 6 ’’. (4) Section 438 at the end of subchapter I of chapter 21 is redesignated as section 428. (5) The item relating to section 438 in the table of sections at the beginning of subchapter I of chapter 21 is redesignated as section 428. (6) Section 4 9 0(b)(1) is amended by striking ‘‘180 days after date of the enactment of this section, and every even- numbered year thereafter’’ and inserting ‘‘July 28 of every even-numbered year’’. (7) The table of chapters at the beginning of part II of subtitle A is amended by striking ‘‘1581’’ in the item relating to chapter 81 and inserting ‘‘1580’’. (8) Section 992(b)(4) is amended by striking the period after ‘‘under this section’’. (9) Section 1074f(f)(3) is amended by striking ‘‘continency’’ and inserting ‘‘contingency’’. Plans.


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 123STA T . 2 47 3 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(10)Section 10 74g ( f )i sam en d ed by st r i k ing ‘ ‘on or after t h e date of the enactment of the N ationa lD efense Au thori z ation Act for F iscal Y ear 2 00 8’ ’ and inserting ‘‘after J anuary 28 , 2008’’ . (11) T he section heading for section 107 6 d is amended by striking ‘‘ stand a r d’’ and inserting ‘‘ S tandard’’. (12) Section 107 9 (f)(2)( B ) is amended by striking the p eriod after ‘‘year’’. (1 3 ) Section 1142(b) is amended — (A) in paragraph (4)( C ), by striking ‘‘the Troops - to- Teachers P rogram Act of 1999 (20 U .S.C. 9301 et se q .)’’ and inserting ‘‘the Troops-to-Teachers Program under sec- tion 2302 of the E lementary and Secondary Education Act of 196 5 (20 U.S.C. 6672)’’ and (B) in paragraph (15), by striking ‘‘federal’’ both places it appears and inserting ‘‘Federal’’. (14) Section 1175a(h)(1) is amended by striking ‘‘qualities’’ and inserting ‘‘qualifies’’. (15) Section 1408(h)(2) is amended by striking ‘‘and’’ at the end of subparagraph (A). (16) The heading of section 1567 is amended to read as follo w s

‘ §1567.Du rat io no fm i l itar yp rot ec ti v e orders ’ ’. (17) The heading of section 1567a is amended to read as follows: ‘‘§ 1567a. M andatory notification of issuance of military protective order to civilian la w enforcement’’. (18) Section 2004a is amended— (A) in subsection (b)(1), by striking ‘‘pay grade 0-3’’ and inserting ‘‘pay grade O -3’’; and (B) in subsection (i), by adding a period at the end. (19) Section 2127(e) is amended by striking ‘‘of’’ after ‘‘an annual grant’’. (20) Section 2200a(e)(1) is amended by striking ‘‘section (b)’’ and inserting ‘‘subsection (b)’’. (21) The table of chapters at the beginning of part IV of subtitle A is amended by striking ‘‘2541’’ in the item relating to chapter 152 and inserting ‘‘2551’’. (22) Section 2306c(h) is amended by striking ‘‘section 2801(c)(2)’’ and inserting ‘‘section 2801(c)(4)’’. (23) Section 2333 is amended— (A) in subsection (d)(1)(D)(ii), by striking ‘‘indefinite deli v ery indefinite quantity’’ and inserting ‘‘indefinite delivery-indefinite quantity’’; (B) in subsection (d)(2), by striking ‘‘this Act’’ and inserting ‘‘the John W arner National Defense Authorization Act for Fiscal Year 2007 (Public L aw 109 – 364; 120 Stat. 2388)’’; and (C) in subsection (f)(3), by striking ‘‘section 101(13)’’ and inserting ‘‘section 101(a)(13)’’. (24) Section 2401(f)(2) is amended by striking ‘‘the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006’’ and inserting ‘‘January 6, 2006’’.


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 123STA T . 2 47 4 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(25)Section 2 461 (c)( 3 )( A )i sam en d ed by st r i k in g‘ ‘ pu b l ic pri v ate competition ’ ’ bot h places it appears in the f irst sentence and inserting ‘‘public - private competition’’ . (26) Section 266 7 (g)(1) is amended by striking ‘‘la w, ’’ and all that follows through ‘‘may’’ and inserting ‘‘law, the Secretary concerned may’’. (27) Section 26 8 4a(g)(2) is amended by striking ‘‘the fol- lowing the following’’ and inserting ‘‘the following’’. (28) Section 27 0 1(d)(5) is amended by striking ‘‘6 9 20)’’ and inserting ‘‘9620)’’. (29) Sections 4348(f), 6959(f), and 9348(f) are amended by striking ‘‘section (a)’’ and inserting ‘‘subsection (a)’’. (30) T he item relating to section 7317 in the table of sections at the beginning of chapter 633 is amended by inserting a period after ‘‘thereof’’. (31) Section 7306b(b)(1) is amended by striking ‘‘1802(14))’’ and inserting ‘‘1802(14)))’’. (32) The item relating to section 9515 in the table of sections at the beginning of chapter 941 is transferred to appear after the item relating to section 9514 in the table of sections at the beginning of chapter 931. (33) The item relating to chapter 1409 in the table of chapters at the beginning of subtitle E is amended by striking ‘‘ R eserve-Active Status L ist’’ and inserting ‘‘Reserve Active- Status List’’. (34) Section 12310(c)(1)(A) is amended by striking ‘‘section 12304(i)(2) of this title’’ and inserting ‘‘section 1403 of the D efense Against W eapons of M ass Destruction Act of 1996 (50 U .S. C . 2302(1))’’. (35) Section 12731(f)(2)(A) is amended by striking ‘‘the date of the enactment of the N ational Defense Authori z ation Act for F iscal Y ear 2008’’ and inserting ‘‘ J anuary 28, 2008’’. (36) Section 16163(e)(1) is amended by striking ‘‘programs’’ and inserting ‘‘program’’. (b) T ITLE 37, U N ITE D ST A TE S C O DE. — Section 308(a)(2)(A)(ii) of title 37, United States Code, is amended by striking the comma before the period at the end. (c) D U N C AN H UNTE R NATIONAL DE F ENSE AUT H ORI Z ATION ACT FOR FISCAL YEAR 2009.—Effective as of O ctober 14, 2008, and as if included therein as enacted, the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( P ublic Law 110 – 417) is amended as follows (1) Section 314(a) (122 Stat. 4410 10 U.S.C. 2710 note) is amended by striking ‘‘Secretary’’ and inserting ‘‘Secretary of Defense’’. (2) Section 523(1) (122 Stat. 4446) is amended by striking ‘‘serving or’’ and inserting ‘‘serving in or’’. (3) Section 616 (122 Stat. 4486) is amended by striking ‘‘of title’’ in subsections (b) and (c) and inserting ‘‘of such title’’. (4) Section 811(c)(6)(A)(iv)( I ) (122 Stat. 4524) is amended by striking ‘‘after of ‘the program’ ’’ and inserting ‘‘after ‘of the program’ ’’. (5) Section 813(d)(3) (122 Stat. 4527) is amended by striking ‘‘each of subsections (c)(2)(A) and (d)(2)’’ and inserting ‘‘sub- section (c)(2)(A)’’. (6) Section 834(a)(2) (122 Stat. 4537) is amended by inserting ‘‘subchapter II of’’ before ‘‘chapter 87’’. 10USC23 02 note. 10USC2 4 33. 10 USC 2130 a, 1 6 201. 10 USC 662. 6 USC 121 note. Ef fe c t iv e d ate.


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 123STA T . 2 475PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(7)Section85 5( 12 2St a t .4 545) i sr e p ea l e d. (8) Section 9 21(1) (122 Stat. 457 3 )isa m ended by stri k in g‘ ‘s u bsections ( f ) and (g) as subsections (g) and ( h ) ’ ’ and inserting ‘‘subsections (f) , (g), and (h) as subsections (g), (h), and (i)’’. (9) Section 931(b)(5) (122 Stat. 4575) is amended — ( A ) by striking ‘‘Section 2 0 1(e)(2)’’ and inserting ‘‘Sec - tion 201(f)(2)( E )’’ and ( B ) by striking ‘‘( 6U .S. C . 121(e)(2))’’ and inserting ‘‘(6 U.S.C. 121(f)(2)(E))’’. (10) Section 932 (122 Stat. 4576) is repealed. (11) Section 1059 (122 Stat. 4611) is amended by striking ‘‘Act of’’ and inserting ‘‘Act for’’. (12) Section 1061(b)(3) (122 Stat. 4613) is amended by striking ‘‘103’’ and inserting ‘‘188’’. (13) Section 2104(b) (122 Stat. 4664) is amended in the matter preceding paragraph (1) by striking ‘‘section 2401’’ and inserting ‘‘section 2101’’. (14) Section 3508(b) (122 Stat. 4769) is amended to read as follo w s ‘‘(b) C ONF O RMI N G AM E N D MEN T .— T he chapter 541 of title 46, United States Code, as inserted and amended by the amendments made by subparagraphs (A) through ( D ) of section 3523(a)(6) of the N ational Defense Authori z ation Act for F iscal Y ear 2008 ( P ublic L aw 110 – 181; 122 Stat. 599), is repealed.’’. (15) Section 3511(d) (122 Stat. 4770) is amended by inserting before the period the following: ‘‘, and by striking ‘ CAL ENDAR’ and inserting ‘FI S CAL’ in the heading for paragraph (2)’’. (d) NATIONAL DEFENSE A U T H ORI Z ATION ACT FOR FISCAL YEAR 2008.—Section 1107(e)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public 110–181; 10 U.S.C. 2358 note) is amended by striking ‘‘Not later than’’ and all that follows through ‘‘subsection is submitted,’’ and inserting ‘‘Not later than No v ember 29, 2008, and not later than M arch 1 of each year thereafter,’’. SEC.1074 .E XT E N S IO NO F S U NSET FO R CON G RESSION AL CO M MISSION ONT H E STRATEGIC P OSTURE OF THE UNITE D STATES. Section 1062(g) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 319) is amended by striking ‘‘September 30, 2009’’ and inserting ‘‘December 31, 2009’’. SEC. 107 5 . COM B AT AIR FORCES RESTRUCTURING. (a) LIMITATIONS R ELATING TO LEGAC Y AIRCRAFT.—Until the e x piration of the 30-day period beginning on the date the Secretary of the Air Force submits a report in accordance with subsection (b), the following provisions apply: (1) PROHI B ITION ON RETIREMENT OF AIRCRAFT.—The Sec- retary of the Air Force may not retire any fighter aircraft pursuant to the Combat Air Forces restructuring plan announced by the Secretary on May 18, 2009. (2) PROHIBITION ON P ERSONNEL REASSIGNMENTS.—The Sec- retary of the Air Force may not reassign any Air Force per- sonnel (whether on active duty or a member of a reserve compo- nent, including the National G uard) associated with such restructuring plan. Deadlin e .T i m e p e r i o d. R epor ts . A ppli c a b ilit y . 46USC5 5 31 4. Repeal. 46 USC 531 0 1, 54101. 10 USC 10 7 4 g note. 10 USC 113 note. Repeal. 10USC1 9 3, 2 01, 425, 431, 441, 443, 444, 2273, 2723. 6 USC 121. 50 USC 1521 note. Repeal. 1 8 USC 3287.


text:
Apostille Convention

The States signatory to the present Convention,

 * Desiring to abolish the requirement of diplomatic or consular legalisation for foreign public documents,

 * Have resolved to conclude a Convention to this effect and have agreed upon the following provisions:

Article 1
The present Convention shall apply to public documents which have been executed in the territory of one Contracting State and which have to be produced in the territory of another Contracting State.

For the purposes of the present Convention, the following are deemed to be public documents:

 * a) documents emanating from an authority or an official connected with the courts or tribunals of the State, including those emanating from a public prosecutor, a clerk of a court or a process-server ("huissier de justice");
 * b) administrative documents;
 * c) notarial acts;
 * d) official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.

However, the present Convention shall not apply:

 * a) to documents executed by diplomatic or consular agents;
 * b) to administrative documents dealing directly with commercial or customs operations.

Article 2
Each Contracting State shall exempt from legalisation documents to which the present Convention applies and which have to be produced in its territory. For the purposes of the present Convention, legalisation means only the formality by which the diplomatic or consular agents of the country in which the document has to be produced certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears.

Article 3
The only formality that may be required in order to certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears, is the addition of the certificate described in Article 4, issued by the competent authority of the State from which the document emanates.

However, the formality mentioned in the preceding paragraph cannot be required when either the laws, regulations, or practice in force in the State where the document is produced or an agreement between two or more Contracting States have abolished or simplified it, or exempt the document itself from legalisation.

Article 4
The certificate referred to in the first paragraph of Article 3 shall be placed on the document itself or on an "allonge"; it shall be in the form of the model annexed to the present Convention.

It may, however, be drawn up in the official language of the authority which issues it. The standard terms appearing therein may be in a second language also. The title "Apostille (Convention de La Haye du 5 octobre 1961)" shall be in the French language.

Article 5
The certificate shall be issued at the request of the person who has signed the document or of any bearer.

When properly filled in, it will certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which the document bears.

The signature, seal and stamp on the certificate are exempt from all certification.

Article 6
Each Contracting State shall designate by reference to their official function, the authorities who are competent to issue the certificate referred to in the first paragraph of Article 3.

It shall give notice of such designation to the Ministry of Foreign Affairs of the Netherlands at the time it deposits its instrument of ratification or of accession or its declaration of extension. It shall also give notice of any change in the designated authorities.

Article 7
Each of the authorities designated in accordance with Article 6 shall keep a register or card index in which it shall record the certificates issued, specifying:

 * a) the number and date of the certificate,
 * b) the name of the person signing the public document and the capacity in which he has acted, or in the case of unsigned documents, the name of the authority which has affixed the seal or stamp.

At the request of any interested person, the authority which has issued the certificate shall verify whether the particulars in the certificate correspond with those in the register or card index.

Article 8
When a treaty, convention or agreement between two or more Contracting States contains provisions which subject the certification of a signature, seal or stamp to certain formalities, the present Convention will only override such provisions if those formalities are more rigorous than the formality referred to in Articles 3 and 4.

Article 9
Each Contracting State shall take the necessary steps to prevent the performance of legalisations by its diplomatic or consular agents in cases where the present Convention provides for exemption.

Article 10
The present Convention shall be open for signature by the States represented at the Ninth Session of the Hague Conference on Private International Law and Iceland, Ireland, Liechtenstein and Turkey.

It shall be ratified, and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands.

Article 11
The present Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification referred to in the second paragraph of Article 10.

The Convention shall enter into force for each signatory State which ratifies subsequently on the sixtieth day after the deposit of its instrument of ratification.

Article 12
Any State not referred to in Article 10 may accede to the present Convention after it has entered into force in accordance with the first paragraph of Article 11. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands.

Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph d) of Article 15. Any such objection shall be notified to the Ministry of Foreign Affairs of the Netherlands.

The Convention shall enter into force as between the acceding State and the States which have raised no objection to its accession on the sixtieth day after the expiry of the period of six months mentioned in the preceding paragraph.

Article 13
Any State may, at the time of signature, ratification or accession, declare that the present Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect on the date of entry into force of the Convention for the State concerned.

At any time thereafter, such extensions shall be notified to the Ministry of Foreign Affairs of the Netherlands.

When the declaration of extension is made by a State which has signed and ratified, the Convention shall enter into force for the territories concerned in accordance with Article 11. When the declaration of extension is made by a State which has acceded, the Convention shall enter into force for the territories concerned in accordance with Article 12.

Article 14
The present Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 11, even for States which have ratified it or acceded to it subsequently.

If there has been no denunciation, the Convention shall be renewed tacitly every five years.

Any denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the end of the five year period.

It may be limited to certain of the territories to which the Convention applies.

The denunciation will only have effect as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.

Article 15
The Ministry of Foreign Affairs of the Netherlands shall give notice to the States referred to in Article 10, and to the States which have acceded in accordance with Article 12, of the following:

 * a) the notifications referred to in the second paragraph of Article 6;
 * b) the signatures and ratifications referred to in Article 10;
 * c) the date on which the present Convention enters into force in accordance with the first paragraph of Article 11;
 * d) the accessions and objections referred to in Article 12 and the date on which such accessions take effect;
 * e) the extensions referred to in Article 13 and the date on which they take effect;
 * f) the denunciations referred to in the third paragraph of Article 14.

In witness whereof the undersigned, being duly authorised thereto, have signed the present Convention.

Done at The Hague the 5th October 1961, in French and in English, the French text prevailing in case of divergence between the two texts, in a single copy which shall be deposited in the archives of the Government of the Netherlands, and of which a certified copy shall be sent, through the diplomatic channel, to each of the States represented at the Ninth Session of the Hague Conference on Private International Law and also to Iceland, Ireland, Liechtenstein and Turkey.

title: Apostille Convention


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Page:United States Statutes at Large Volume 123.djvu/2496

 123STA T . 2 476PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(b)REPORT.—Ther e po r tund er s ubse c t i on( a ) sha l lbesub m itted to the C ommittees on A rmed S er v ices o f the H ouse of Representa - tives and the Senate and shall include the follo w in g information ( 1 ) A detailed plan of how the force structure and capabilit y gaps resulting from the retirement actions will be addressed. ( 2 )Ane x planation of the assessment conducted of the current threat environment and current capabilities. ( 3 ) A description of the follow-on mission assignments for each affected base. ( 4 ) An explanation of the criteria used for selecting the affected bases and the particular fighters chosen for retirement. ( 5 ) A description of the environmental analyses being con- ducted. ( 6 ) An identification of the reassignment and manpower authori z ations necessary for the Air F orce personnel (both active duty and reserve component) affected by the retirements if such retirements are accomplished. ( 7 ) A description of the funding needed in fiscal years 2 0 10 through 2015 to cover operation and maintenance costs , personnel, and aircraft procurement, if the restructuring plan is not carried out. ( 8 ) An estimate of the cost avoidance should the restruc- turing plan more forward and a description of how such funds would be invested during the future-years defense plan to ensure the remaining fighter force achieves the desired service life and is sufficiently modernized to outpace the threat. (c) EXC EPT I O NF OR CERT A IN AIRCRAFT.—The prohibition in sub- section (a)(1) shall not apply to the five fighter aircraft scheduled for retirement in fiscal year 2010, as announced when the budget for fiscal year 200 9 was submitted to Congress. SEC.1076 . SE N SE OF CON GR ESS REG A R DI NG CARRIER AIR W ING FORCE S T R U CTURE. (a) FIN D IN GS .—Congress ma k es the following findings: (1) Section 5062(b) of title 10, U nited States Code, re q uires the D epartment of the N avy to maintain not less than 11 operational aircraft carriers. (2) I n repeated testimony before Congress, the Navy has pledged its long-term commitment to naval combat forces that include 11 operational aircraft carriers and 10 carrier air wings, composed of 44 strike-fighter aircraft per wing. (b) SENSE OF CONGRESS.—It is the sense of Congress that— (1) in addition to the forces described in section 5062(b) of title 10, United States Code, the Navy should meet its current requirement for 10 carrier air wings (even if the number of aircraft carriers is temporarily reduced) that are comprised of not less than 44 strike-fighter aircraft, in addition to any other aircraft associated with the air wing and (2) the Congress and the Secretary of the Navy should take all appropriate actions necessary to achieve the current requirement for such carrier air wings until such time that modifications to the carrier air wing force structure are war- ranted and the Secretary of the Navy provides Congress with a j ustification of any proposed modifications, supported by rig- orous and sufficient warfighting analysis.


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Page:United States Statutes at Large Volume 123.djvu/2497

 123STA T . 2 47 7 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9SEC.107 7. D E PARTM E N T OFV ETERANS AFFA I RS U SE OF SERVICE DO G SFORT H E TREATMENT OR REHA B I L ITATION OF VET - ERANS W ITH PH Y SICAL OR MENTAL IN J URIES OR DISABILITIES. (a)PROG R AMREQUI RE D.—Notl at er t h a n270d a ys a f ter the date of the ena c t m ent of th i s A ct , the S ecretary of V eterans Affairs shall commence a three - year st u dy to assess the b enefits, feasibility, and ad v isability of usin g service dogs for the treatment or rehabilitation of veterans w ith p hysical or mental in j uries or disabil- ities, including post-traumatic stress disorder. (b) PAR TN ER SH I P S.— ( 1 ) I N GENERA L .— T he Secretary shall carry out the study by partnering with nonprofit 5 01(c)( 3 ) organi z ations that— (A) would not charge veterans who participate in the study fees for the dogs, services, or lodging that they pro- vide and ( B ) are accredited by, or adhere to standards com- parable to those of, an accrediting organization with dem- onstrated e x perience, national scope, and recognized leader- ship and expertise in the training of service dogs and education in the use of service dogs. (2) REIM B URSEMENT O FC OSTS.—The Secretary shall reimburse partners $ 10,000 for each dog provided to a veteran who enrolls in the study and successfully completes a training program offered by one of the partners. (c) PARTICIPATION.— (1) IN GENERAL.—As part of the study, the Secretary shall, subject to paragraph (2), arrange for the provision of a service dog to the greater of the following (A) 200 veterans. (B) A sufficient number of such veterans to produce scientifically valid results with respect to assessing the benefits and costs of the use of such dogs for the treatment or rehabilitation of such veterans. (2) NUMBER OF V ETERANS.—The D epartment of Veterans Affairs may provide dogs to fewer than 200 veterans if, despite its sustained and repeated efforts, it is unable to recruit 200 veterans to participate in the study referred to in subsection (d). (3) E LIGIBLE VETERANS.—A veteran is eligible to enroll and participate in the study on an ongoing basis if: (A) The veteran has physical disabilities (other than blindness or hearing impairment) or mental injuries or disabilities. (B) A Department of Veterans Affairs provider deter- mines, based on clinical evaluation of efficacy, that the veteran is an appropriate candidate for the study and may potentially benefit from a service dog. ( C ) The veteran agrees to successfully complete a training program arranged by the Department of Veterans Affairs and offered by a nonprofit 501(c)(3) organization that is accredited by, or adheres to standards comparable to those of, an accrediting organization with demonstrated experience, national scope, and recognized leadership and expertise in the training of service dogs and education in the use of service dogs. Deadlin e .Stu d y .


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Page:United States Statutes at Large Volume 123.djvu/2498

 123STA T . 2 478PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(4)COMP O SIT IO N.—TheS e cr e ta r ys ha l le n s u re that at least hal fo f the p art i cipants in the stu d y are v eterans w ho suffer pri m arily from a mental health in j ury or disa b ility. ( 5 ) AU T H O R I ZEDB ENE F ITS.—The D epartment of V eterans Affairs will provide to a veteran participatin g in this study (A) Veterinary treatment to maintain the health of the dog and k eep it functioning in its prescribed role. ( B ) H ardware re q uired by the dog to perform its tasks , and repairs to such hardware. (C) P ayments and allowances for travel incurred in becoming adjusted to the service dogs, to be paid in the same manner that payments and allowances are authori z ed under section 1 11 of title 38, U nited States Code, and its implementing regulations. ( 6 ) ADDITION AL BENEFIT FOR ASSO C IATED E X PENSES.—As an incentive for participation in the study, veterans partici - pating in the study will receive from the Department of Vet- erans Affairs a monthly payment of $7 5 to offset costs associ- ated with the dog in addition to those identified in paragraph (5), such as services not prescribed or performed by a veteri- narian, including but not limited to, license tags (if required), food, grooming, nail trimming, boarding, and over-the-counter medications. (7) O PTION FOR O W NERSHIP OF, AND RESPONSIBILIT Y FOR, THE DO G AFTER THE COMPLETION OF THE STUDY.—At the end of the study the veteran will have the option of ownership of the dog. I f the veteran does not wish to retain the dog, the 5 0 1(c)(3) organization that provided the dog will be respon- sible for caring for or appropriately placing the dog. In any case after completion of the study, or if and when the veteran chooses to not participate in the study until completion, further responsibility by the Department of Veterans Affairs for any benefits in this provision will cease. F urther, the Department of Veterans Affairs ’ liability related to the dog will cease. (d) STUDY.—The Secretary shall conduct a scientifically valid research study of the costs and benefits associated with the use of service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities. The matters studied shall include the following: (1) The therapeutic benefits to such veterans, including the quality of life benefits reported by the veterans partaking in the study. ( 2 ) The economic benefits of using service dogs for the treatment or rehabilitation of such veterans, including— (A) savings on health care costs, including savings related to reductions in hospitalization and reductions in the use of prescription drugs and (B) productivity and employment gains for the vet- erans. (e) R EPORTS.— (1) ANNUAL REPORT OF THE SECRETARY.—After each year of the study, the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the study. (2) FINAL REPORT BY THE NATIONAL ACADEMY OF SCIENCES.— N ot later than 180 days after the date of the completion of the study, the National Academy of Sciences shall submit to Congress a report on the results of the study.


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Page:United States Statutes at Large Volume 123.djvu/2499

 123STA T . 2 479PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 (f)FUNDI N G.—Thestudy u n de r th i sse c ti o nissu bj ect to the av ai l ability of a p propriations provided to the D epart m ent of V et - erans A ffairs for such purpose. SEC.1078 . PLANFOR S U S T A I N M ENT OF LAN D-B ASED SOLID ROC K ET MOTOR INDUSTRIAL BASE. (a) I N GE NE RAL .—The S ecretary of Defense shall revie w and establish a plan to sustain the solid roc k et motor industrial base , includin g the ability to maintain and sustain currently deployed strategic and missile defense systems and to maintain an intellec- tual and engineering capacity to support ne x t generation rocket motors, as needed. (b) SU BM I S SI O NO FP LAN.— N ot later than J une 1, 20 10, the Secretary of Defense shall submit to the congressional defense committees the plan re q uired under subsection (a). SEC. 107 9 . J USTICE FOR V ICTIMS OF TORTURE AND TERRORISM. It is the sense of C ongress that the claims of American victims of torture and hostage taking by the Government of Iraq during the regime of Saddam H ussein that are subject to Presidential Determination Number 200 8 - 9 of January 28, 2008, which waived application of section 108 3 of the National Defense Authori z ation Act for Fiscal Y ear 2008, should be resolved by a prompt and fair settlement negotiated between the Government of Iraq and the Government of the U nited States, taking note of the provisions of H. R. 5 1 67 of the 110th Congress, which was adopted by the United States House of Representatives. SEC. 1080. RE Q UIREMENT FOR VIDEOTAPIN G OR OT H ER W ISE ELEC- TRONICALL Y RECORDING STRATEGIC INTELLIGENCE INTERROGATIONS OF PERSONS IN THE CUSTODY OF OR UNDER THE EFFECTIVE CONTROL OF THE DEPARTMENT OF DEFENSE. (a) VIDEO T A P ING OR O T H ER E LE C TRONIC RECORDING RE Q UIRED.—In accordance with the Army Field M anual on Human Intelligence Collector Operations (FM 2 – 22.3, September 2006), or any successor thereto, and the guidelines developed pursuant to subsection (f), the Secretary of Defense shall ensure that each strategic intelligence interrogation of any person who is in the custody or under the effective control of the Department of Defense or under detention in a Department of Defense facility is videotaped or otherwise electronically recorded. (b) CLASSIFICATION OF INFORMATION.—To protect United States national security, the safety of the individuals conducting or assisting in the conduct of a strategic intelligence interrogation, and the privacy of persons described in subsection (a), the Secretary of Defense shall provide for the appropriate classification of video- tapes or other electronic recordings made pursuant to subsection (a). The use of such classified videotapes or other electronic recordings in proceedings conducted under the Detainee Treatment Act of 2005 (title 1 4 of Public L aw 109–163 and title 10 of Public Law 109–148), the Military Commissions Act of 2006 (10 U.S.C. 948 et seq. Public Law 109–366), as amended by section 1802 of this Act, or at any other judicial or administrative forum under any other provision of law shall be governed by applicable rules, regulations, and laws that protect classified information. 10USC8 01 note.R e vi e w.


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Page:United States Statutes at Large Volume 123.djvu/2500

 123STA T . 2 480PUBLIC LA W 111 – 84 —O CT. 28 , 200 9(c)STRA T EGICIN TE L LIGENCE INTERR O GATION D E F INE D.—Forpu rpo se so fthi s sectio n, the ter m‘ ‘str a te g ic inte l ligence interroga - tion ’ ’ means an interrogation of a person d escri b ed in subsection (a) conducted at a theater-le v el detention facilit y . (d) EX CL US ION.— N othing in this section shall be construed as re q uiring— ( 1 ) any member of the A rmed Forces engaged in direct combat operations to videotape or other w ise electronically record an interrogation of a person described in subsection (a) or ( 2 ) the videotaping of or otherwise electronically recording of tactical questioning, as such term is defined in the Army Field M anual on H uman Intelligence C ollector O perations (FM 2 – 22. 3, September 2 0 0 6 ), or any successor thereto. (e) W AI V ER.— (1) WAIVERS AUT H ORI Z ED.— T he Secretary of Defense may, asane x ceptional measure, as part of a specific interrogation plan for a specific person described in subsection (a), waive the requirement in that subsection on a case-by-case basis for a period not to exceed 30 days, if the Secretary— (A) ma k es a determination in writing that such a waiver is necessary to the national security interests of the U nited States; and ( B ) by not later than five days after the date on which such a determination is made, submits to the Committees on Armed Services of the Senate and House of R epresenta- tives, the House P ermanent Select Committee on Intel- ligence, and the Senate Select Committee on Intelligence notice of that determination, including a j ustification for that determination. (2) SUS P ENSIONS AUTHORIZED.—The Secretary may tempo- rarily suspend the requirement under subsection (a) at a spe- cific theater-level detention facility for a period not to exceed 30 days, if the Secretary— (A) makes a determination in writing that such a suspension is vital to the national security interests of the United States; and (B) by not later than five days after the date on which such a determination is made, submits to the Committees on Armed Services of the Senate and House of Representa- tives, the House Permanent Select Committee on Intel- ligence, and the Senate Select Committee on Intelligence notice of that determination, including a justification for that determination. (3) L I M ITATION ON DELEGATION OF AUTHORIT Y .—This authority of the Secretary under this subsection may only be delegated as follows (A) In the case of the authority under paragraph (1), such authority may not be delegated below the level of the combatant commander of the theater in which the detention facility holding the person is located. (B) In the case of the authority under paragraph (2), such authority may not be delegated below the level of the Deputy Secretary of Defense. ( 4 ) EXTENSIONS.—The Secretary may extend a waiver under paragraph (1) for one additional 30-day period, or a Deadlin e .Not i c e. Dete rm ination. Deadline. Notice. Determination.


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Page:United States Statutes at Large Volume 123.djvu/2501

 123STA T . 2 48 1 PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9su s pen s io nun d e r p a ra g rap h(2)f or one addi t iona l30- da y period , if — ( A ) the S e c retary— (i) in the case of such a w ai v er, m a k es a determina- tion in writing that such an e x tension is necessary to the national security interests of the U nited State or (ii) in the case of such a suspension, makes a determination in writing that such an extension is vital to the national security interests of the United States; and ( B ) b y not later than five days after the date on which such a determination is made, the Secretary submits to the C ommittees on Armed Services of the Senate and H ouse of R epresentatives, the House P ermanent Select Committee on I ntelligence, and the Senate Select Committee on Intel- ligence notice of that determination, including a j ustifica- tion for that determination . (f) GUIDEL I N E S .— ( 1 ) D E V EL OPM EN T O FG UIDELINES.— T he Secretary of Defense, acting through the J udge Advocates General (as defined in section 8 01(1) of title 10, United States Code, (Article 1 of the Uniform Code of M ilitary Justice)), shall develop and adopt uniform guidelines for videotaping or otherwise electroni- cally recording strategic intelligence interrogations as re q uired under subsection (a). Such guidelines shall, at a minimum— (A) promote full compliance with the laws of the United States; (B) promote the exploitation of intelligence; (C) address the retention, maintenance, and disposition of videotapes or other electronic recordings, consistent with subparagraphs (A) and (B) and with the interests of justice; and (D) ensure the safety of all participants in the interro- gations. (2) SU B MITT A LTO C ONG R ESS.— N ot later than 30 days after the date of the enactment of this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the guidelines developed under paragraph (1). Such report shall be in an unclassified form but may include a classified annex. SEC.108 1. MODIF IC AT IO N OF P I L OTP R O G RAM ON COMMERCIAL FEE - FOR-SER V ICE AIR REF U ELING SUPPORT FOR T H E AIR FORCE. Section 1081(a) of the National Defense Authori z ation Act for F iscal Y ear 2008 (Public L aw 110-181; 122 Stat. 33 5 2 46 1 note) is amended by inserting before the period at the end of the first sentence the following
 * 10 U.S.C.

‘, unless the Secretary of Defense submits notification to the congressional defense committees that pursuing such a program is not in the national interest ’ ’. SEC. 108 2 . MULTI Y EAR CONTRACTS UNDER PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR REFUELING SUP- PORT FOR THE AIR FORCE. (a) MULTI Y EAR CONTRACTS AUT H ORI Z ED.—The Secretary of the Air Force may enter into one or more multiyear contracts, beginning with the fiscal year 2011 program year, for purposes of conducting 10USC246 1 note.D e adli ne. R e p o r t s . Deadline. Deter m ination.


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Page:United States Statutes at Large Volume 123.djvu/2502

 123STA T . 2 48 2 PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9thepilo tp r o g r am o nu tili z ing c ommercial f ee - for- s er v ice air refueling tan k er aircraft for A ir F orce operations re q uire dby section 108 1 of the N ational D efense Authorization Act for Fiscal Y ear 2 008 (P ublic L a w 110-181 122 S tat .3 3 5) . (b) COMPLIANCEW I TH LA W APPLICA B LE TO MU LTI Y EA R CON- TRACT S . — Any contract entered into under subsection (a) shall be entered into in accordance with the provisions of section 230 6 c of title 10 ,U nited States Code, e x cept that— (1) the term of the contract may not be more than 8 years; and (2) notwithstanding section 2306c(b) of such title, the authority under section 2306c(a) of such title shall apply to the fee-for-service air refueling pilot program. (c) COMPLIANCE WITH LAW APPLICABLE TO SER V ICE CON- TRACTS.—A contract entered into under subsection (a) shall be entered into in accordance with the provisions of section 2 4 01 of title 10, United States Code, except that— (1) the Secretary shall not be required to certify to the congressional defense committees that the contract is the most cost-effective means of obtaining commercial fee-for-service air refueling tanker aircraft for Air Force operations; and (2) the Secretary shall not be required to certify to the congressional defense committees that there is no alternative for meeting urgent operational requirements other than making the contract. (d) LIMITATION ON AMOUNT.— T he amount of a contract under subsection (a) may not exceed $9 99,999,999. (e) PROVISION O FG OVERNMENT I NSURANCE.—A commercial air operator contracting with the Department of Defense under the pilot program referred to in subsection (a) shall be eligible to receive Government-provided insurance pursuant to chapter 443 of title 49, United States Code, if commercial insurance is unavail- able on reasonable terms and conditions. SEC.1083 . DI SC LO S UR EO FNAM ESOFS T UDENTS AND INSTRUCTORS AT W ESTERN H EMIS P HERE INSTITUTE FOR SECURIT Y COOPERATION. (a) DISCLOSURE.— (1) IN G ENERAL.—The Secretary of Defense shall release to the public, upon request, the information described in para- graph (2) for each of fiscal years 2009 and 2010. (2) CONTENT.—The information to be released under para- graph (1) shall include, with respect to the fiscal year covered, the entire name, including the first, middle, and surnames, with respect to each student and instructor at the Western H emisphere Institute for Security Cooperation. (b) WAIVER.—The Secretary of Defense may waive the require- ment under subsection (a) if the Secretary determines it to be in the national interest. SEC. 108 4 . SENSE OF CON G RESS REGARDING THE WESTERN HEMI - SPHERE INSTITUTE FOR SECURITY COOPERATION. It is the sense of Congress that— (1) the Western Hemisphere Institute for Security Coopera- tion— Public i nformat ion .


text: Talk:Apostille Convention

title: Talk:Apostille Convention