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Page:United States Statutes at Large Volume 123.djvu/2535

 123STA T . 2 5 15 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9thegov e rnm ent o fa na l l y of the U n i te dS tate s or another friendly foreign c o u ntry for the e x change of military and civilian p ersonnel of the defense ministry of that foreign government .(b)AS S IGNME N TOFP E R SONNE L . — ( 1 ) I N GENER A L.—Pursuant to a non - reciprocal inter- national defense personnel exchange agreement , personnel of the defense ministry of a foreign government may be assigned to positions in the D epartment of Defense. ( 2 ) MU TUAL AGREEMENT RE Q UIRE D .—An individual may not be assigned to a position pursuant to a non-reciprocal inter- national defense personnel exchange agreement unless the assignment is acceptable to both governments. (c) PA Y MENT OF PERSONNEL C OSTS.— (1) IN GENERAL.— T he foreign government w ith which the United States has entered into a non-reciprocal international defense personnel exchange agreement shall pay the salary, per diem, cost of living, travel costs, cost of language or other training, and other costs for its personnel under such agreement in accordance with the applicable laws and regulations of such government. (2) EXC LUDED COSTS.—Paragraph (1) does not apply to the following costs (A) The cost of training programs conducted to famil- iari z e, orient, or certify exchanged personnel regarding uni q ue aspects of the assignments of the exchanged per- sonnel. ( B ) Costs incident to the use of facilities of the United States G overnment in the performance of assigned duties. (C) The cost of temporary duty of the exchanged per- sonnel directed by the United States Government. (d) PRO H I B ITED CONDITIONS.— N o personnel exchanged pursu- ant to a non-reciprocal agreement under this section may ta k e or be required to take an oath of allegiance or to hold an official capacity in the government. (e) R E P ORT.— (1) IN GENERAL.—Not later than 90 days after the end of the fiscal year in which the authority in subsection (a) has been exercised, the Secretary of Defense shall submit to the appropriate congressional committees a report on the use of the authority through the end of such fiscal year. (2) MATTERS TO BE INCLUDED.—The report required under paragraph (1) shall include the number of non-reciprocal inter- national defense personnel exchange agreements, the number of personnel assigned pursuant to such agreements, the Depart- ment of Defense component to which the personnel have been assigned, the duty title of each assignment, and the countries with which the agreements have been concluded. ( 3 ) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— In this subsection, the term ‘ ‘appropriate congressional commit- tees ’ ’ means— (A) the Committee on Armed Services and the Com- mittee on F oreign Affairs of the H ouse of Representatives and (B) the Committee on Armed Services and the Com- mittee on Foreign Relations of the Senate. (f) DURATION OF AUTHORITY.—The authority under this section shall expire on September 30, 2012.


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Page:United States Statutes at Large Volume 123.djvu/2536

 123STA T . 2 5 1 6PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.1208 . R E PO R T O NAL TERNAT IV ES TO U SEO F AC Q UISITION AN D CROSS - SERVICIN G AGREE M ENTS TO LEND MILITAR Y EQUIPMENT FOR PERSONNEL PROTECTION AND SURVIV- A B ILITY. (a)REPORT RE QUI RE D.—Notl at er t h a n90d a ys a f ter the date of the ena c t m ent of th i s A ct , the S ecretary of D efense shall s ub mit to the con g ressional defense committees a re p ort setting forth and assessing v arious alternatives to the use of ac q uisition and cross - servicing agreements pursuant to the temporary authority in section 12 02 of the J ohn W arner National Defense Authori z ation Act for F iscal Y ear 200 7 ( P ublic L a w 109 –364; 120 Stat. 2412), as amended by section 12 5 2 of the National Defense Authorization Act for Fiscal Year 200 8 (Public Law 110–181; 122 Stat. 402), for purposes of lending covered military equipment to military forces of nations as follows (1) A nation participating in combined operations with the U nited States in I raq and Afghanistan. (2) A nation participating in combined operations with the United States as part of a peace k eeping operation under the C harter of the United Nations or another international agreement. (b) CO V ERED M I L IT A R YE QUIP M E N TDE F INED.—In this section, the term ‘ ‘covered military equipment ’ ’ has the meaning given that term in section 1202(d)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007. SEC. 120 9 . EN H ANCING IRAQI SECURITY THROUGH DEFENSE COOPERATION BET W EEN THE UNITED STATES AND IRAQ. (a) REPORT REQUIRED.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appro- priate congressional committees a report on the role of Foreign Military Sales in meeting the requirements of the military and security forces of Iraq for restoring and maintaining peace and security in Iraq. (b) MATTER ST O B EIN C LUDED.—The report required under subsection (a) shall include the following: (1) A description of the minimum requirements of the mili- tary and security forces of Iraq to achieve and sustain internal security. (2) A description of how Foreign Military Sales may be leveraged to ensure the timely delivery of training, equipment, and supplies beyond the December 2011 drawdown deadline and any recommendations for improving the Foreign Military Sales process with respect to Iraq. (3) An assessment of the feasibility and desirability of treating an undertaking by the G overnment of Iraq between the date of the enactment of this Act and December 31, 2011, as a dependable undertaking described in section 22(a) of the Arms E x port Control Act (22 U.S.C. 2762(a)) for the purpose of entering into contracts for the procurement of defense articles and defense services as provided for in that section. (c) SENSE OF CON G RESS.—It is the sense of Congress that the Secretary of Defense should, with the concurrence of the Sec- retary of State, seek to increase the number of positions in profes- sional military education courses, including courses at command and general staff colleges, war colleges, and the service academies,

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Page:United States Statutes at Large Volume 123.djvu/2537

 123STA T . 2 5 1 7PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9tha ta rem a d ea v a il a b lea n n u all y t op er s onnel o f the se c urity forces of the G overnment of I ra q.( d )DEFIN I T I O N. — In this section , the term ‘ ‘appropriate con g res - sional committees ’ ’ means— ( 1 ) the C ommittee on A rmed S ervices and the Committee on F oreign Affairs of the H ouse of R epresentatives and ( 2 ) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. SEC.12 1 0 . AV A IL A B ILI TYOF A P P R OPRIATE D F UN DSFORT H E STATE PARTNERSHIP PRO G RA M . (a) RE GULA TION S RE Q UI R E D .— N ot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation w ith Secretary of State, shall prescribe regulations regarding the use of funds appropriated to the Department of Defense to pay the costs incurred by the National Guard in con- ducting activities under the State P artnership Program. T he Sec- retary of Defense shall transmit to the appropriate congressional committees a copy of the regulations not later than 1 5 days after the date on which the regulations are prescribed under this sub- section. (b) L I M ITATIONS.— (1) A P PRO V AL BYC OMMANDER OF COMBATANT COMMAND AND C H IEF OF MISSION.—Funds shall not be available under subsection (a) for activities conducted under the State Partner- ship Program in a foreign country unless such activities are j ointly approved by the commander of the combatant command concerned and the chief of mission concerned. (2) PARTICIPATION BY MEMBERS.—Funds shall not be avail- able under subsection (a) for the participation of a member of the National Guard in activities conducted under the State Partnership Program in a foreign country unless the member is on active duty in the Armed Forces at the time of such participation. (c) REPORT.—Not later than 90 days after the date of the enactment of this Act, and not later than the end of each of the fiscal years 2010 through 201 3, the Secretary of Defense shall submit to the appropriate congressional committees a report describing the civilian engagement activities conducted under the State Partnership Program, including a detailed description of the activities underta k en and funds e x pended in the previous fiscal year under the State Partnership Program. (d) DEFINITION.—In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. Records.D e a d lin e. Deadline. 32USC107 no t e.


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Page:United States Statutes at Large Volume 123.djvu/2538

 123STA T . 2 5 1 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9Subti t leB—Ma tte rsR elati ng t oI ra q,Af g h anistan, an dP a k istan SEC.12 21. LIM I TA TI ON ONA V AILA B ILIT Y O F F U N D SFO R CERTAIN P URPOSES RELATIN G TO IRA Q . Nofundsap p r opr i a te d pursuant to an aut h ori z ation of appro - priations in this Ac t m a yb eob l i g ated or e x pended for a purpose as follo w s
 * (1)T

o establish any military installation or base for the purpose of pro v iding for the permanent stationing of U nited S tates Armed F orces in I ra q. ( 2 ) To exercise United States control of the oil resources of Iraq. SEC. 1222. ONE - YEAR E X TENSION AND EXPANSION OF COMMANDERS ’ EMERGENCY RESPONSE PROGRAM. (a) ONE - Y E AREXT EN SIO NO F A U T H ORITY. — (1) AUTHORITY FOR FIS C A L YEAR 201 0.—Subsection (a) of section 12 0 2 of the National D efense Authorization Act for Fiscal Y ear 200 6 ( P ublic L aw 10 9– 16 3; 119 Stat. 3 45 5) , as amended by section 1205 of the National Defense Authorization Act for Fiscal Year 200 8 (Public Law 110–181; 122 Stat. 366) and section 1214 of the Duncan H unter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–41 7 122 Stat. 4630), is further amended— (A) in the heading, by stri k ing ‘ ‘FISCAL YEARS 2008 AN D 2009 ’ ’ and inserting ‘‘FISCAL YEAR 2010’’; ( B ) by striking ‘‘each of fiscal years 2008 and 2009’’ and inserting ‘‘fiscal year 2010’’; ( C ) by striking ‘‘for such fiscal year’’; and (D) by striking ‘‘ $ 1,700,000,000 in fiscal year 2008 and $1,500,000,000 in fiscal year 2009’’ and inserting ‘‘$1,300,000,000’’. (2) EFFECTI V E DATE.—The amendments made by paragraph (1) shall take effect on October 1, 2009. (b) EXTENSION OF DUE DATE FOR Q UARTERLY R E P ORTS.—Sub- section (b)(1) of such section is amended— (1) by striking ‘‘15 days’’ and inserting ‘‘30 days’’; and (2) by striking ‘‘fiscal years 2008 and 2009’’ and inserting ‘‘any fiscal year during which the authority under subsection (a) is in effect’’. (c) TECHNICAL A M ENDMENTS.—Subsections (e)(1) and (f)(1) of such section are amended by striking ‘‘the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009’’ and inserting ‘‘October 14, 2008,’’. (d) AUTHORITY TO TRANSFER FUNDS FOR SUPPORT OF AF G HANI- STAN NATIONAL SOLIDARITY PROGRAM.— (1) AUTHORITY.—If the Secretary of Defense determines that the use of Commanders’ Emergency Response Program funds to support the Afghanistan National Solidarity Program would enhance counterinsurgency operations or stability oper- ations in Afghanistan, the Secretary of Defense may transfer funds, from amounts available for the Commanders’ Emergency Response Program for fiscal year 2010, to the Secretary of State for purposes of supporting the Afghanistan National Soli- darity Program. Det e rmina ti o n .


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Page:United States Statutes at Large Volume 123.djvu/2539

 123STA T . 2 5 1 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (2)LIM I TA TI ON.—Theamount o f fun ds t r ansferra bl e under p ara g raph ( 1 )ma y not e xc eed $50, 000,000. ( 3 ) C ON GRES SIONA L NOTI F I C ATION.— N ot later than 15 days before transferr i ng funds under paragraph (1), the S ecretary of D efense shall submit to the congressional defense committees a report setting forth the Secretary ’ s determination pursuant to paragraph (1) and a description of the amount of funds to be transferred under that paragraph. ( 4 ) EXP IRATION.—The authority to transfer funds under paragraph (1) shall expire at the close of September 30, 2010. (e) U SE OF FU N D S FOR R EINTEGRATION A CTI V ITIES IN AFG H ANI - STAN.— (1) AUTHORIT Y .—The Secretary of Defense, in coordination w ith the G o v ernment of Afghanistan and with the concurrence of the Secretary of State, may utili z e such funds as necessary from amounts available for the Commanders’ Emergency Response P rogram for fiscal year 2010 to support the reintegra- tion into Afghan society of those individuals who have renounced violence against the Government of Afghanistan. (2) Q UARTERLY REPORTS.— (A) I N GENERAL.—The Secretary of Defense shall submit to the congressional defense committees a report on activities carried out utilizing the authority of paragraph (1). Such report shall be included in the report re q uired under section 1202(b) of the National Defense Authoriza- tion Act for Fiscal Y ear 200 6 (Public Law 10 9– 163 119 Stat. 3455), and shall be specifically identified as having been carried out under the authority of paragraph (1). ( B ) COPY OF REPORT.—The Secretary of Defense shall provide the Committee on Foreign Affairs of the H ouse of Representatives and the Committee on Foreign Relations of the Senate with a copy of that portion of the report required by section 1202 of the National Defense Authoriza- tion Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3455) that pertains to expenditures carried out under the authority of paragraph (1). (3) EXPIRATION.—The authority to utilize funds under para- graph (1) shall expire at the close of September 30, 2010. (f) REVIE W OF PROGRAM.—Not later than 1 8 0 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a thorough review of the Commander’s Emergency Response Program and submit to the congressional defense committees the results of such review. (g) DEFINITION.—In this section, the term ‘ ‘Commanders’ Emer- gency Response Program’’ has the meaning given the term in section 1202(g) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456). SEC.12 2 3 . MODIF IC AT IO N OFA U T H O R IT Y FOR REIM B URSEMENT OF CERTAIN COA L ITION NATIONS FOR SU P PORT PRO V IDED TO UNITED STATES MILITARY OPERATIONS. (a) EXPANSION OF AUTHORITY.—Section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 181; 122 Stat. 393) is amended— (1) in subsection (a)— Deadlin e . Deadline. R e ports .


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Page:The complete poems of Emily Bronte.djvu/381

Rh LXVII

no tears o'er that tomb,

For there are angels weeping;

Mourn not him whose doom

Heaven itself is mourning.

Look how in sable gloom

The clouds are earthward yearning;

And earth receives them home,

Even darker clouds returning.

Is it when good men die

That sorrow wakes above?

Grieve Saints when other spirits fly

To swell their choir of love?

Ah! no: with louder sound

The golden harp strings quiver

When good men gain the happy ground

Where they must dwell for ever.

But he who slumbers there

His bark will strive no more

Across the waters of despair

To reach that glorious shore.

The time of grace is past,

And mercy, scorned and tried,

Forsakes to utter wrath at last

The soul so steeled by pride.


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Page:United States Statutes at Large Volume 123.djvu/2540

 123STA T . 2 5 2 0PUBLIC LA W 111 –84—O CT. 28 , 200 9(A)bystrik i ng‘ ‘s ec ti o n 1508’ ’ a n d inserting ‘‘section 150 9 (5) o f t h e N ationa lD efense A u thori z ation Act for F iscal Y ear 2 010’’ ( B ) by striking ‘‘key coo p erating nation for logistical’’ and inserting the follo w ing ‘‘key cooperating nation for the following: ‘‘(1) L ogistical’’; and ( C ) by adding at the end the following: ‘‘(2) Logistical ,m ilitary, and other support, including access, pro v ided by that nation to or in connection with U nited S tates military operations described in paragraph (1) . ’’; (2) by redesignating subsections (b), (c), and (d) as sub - sections (c), (d), and (e), respectively; and ( 3 ) by inserting after subsection (a) the following new sub- section: ‘‘(b) OTHER S UP P O RT. — Using funds described in subsection (a)(2), the Secretary of Defense may also assist any key cooperating nation supporting United States military operations in Operation I ra q i Freedom or Operation E nduring Freedom in Afghanistan through the following: ‘‘(1) T he provision of specialized training to personnel of that nation in connection with such operations, including training of such personnel before deployment in connection with such operations. ‘‘(2) The procurement and provision of supplies to that nation in connection with such operations. ‘‘(3) The procurement of specialized equipment and the loaning of such specialized equipment to that nation on a non-reimbursable basis in connection with such operations.’’. (b) A M OU N T S O F SUPPORT.— P aragraph (2) of subsection (c) of such section (as redesignated) is amended to read as follows: ‘‘(2) SUPPORT.—Support authorized by subsection (b) may be provided in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State and in consulta- tion with the Director of the Office of M anagement and Budget considers appropriate.’’. (c) L I MIT A TION ON AMOUNT.—Paragraph (1) of subsection (d) of such section (as redesignated) is amended by adding at the end the following: ‘‘The aggregate amount of reimbursements made under subsection (a) and support provided under subsection (b) during fiscal year 2010 may not e x ceed $ 1, 6 00,000,000.’’. (d) NOTI C ETOCON G RESS.—Subsection (e) of such section (as redesignated) is amended by striking ‘‘shall—’’ and all that follows and inserting ‘‘shall notify the appropriate congressional committees not later than 15 days before making any reimbursement under the authority in subsection (a) or providing any support under the authority in subsection (b). In the case of any reimbursement to Pakistan under the authority of this section, such notice shall be made in accordance with the notice requirements under section 1232(b).’’. (e) Q UARTER LYR EPORTS.—Such section is further amended by adding at the end the following new subsection: ‘‘(f) QUARTERLY REPORTS.—The Secretary of Defense shall submit to the appropriate congressional committees on a quarterly basis a report on any reimbursements made under the authority in subsection (a), and any support provided under the authority in subsection (b), during such quarter.’’. Deadlin e .


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Page:Sacred Books of the East - Volume 6.djvu/23

Rh Kaabah is still shown there; it is called the maqâm Ibrahîm or Abraham’s station, and is mentioned several times in the Qurʼân.

The well Zemzem, amongst the most venerated objects in the sacred precincts of Mecca, is believed to be the spring which Hagar discovered when she fled out into the wilderness with her son Ishmael. It was a small stream flowing from one of the surrounding hills, and this having in course of time dried up, Abd al Muttalib, Mohammed’s grandfather, caused the well to be dug on the spot whence the spring originally issued.

The Kaabah, so far as the dim legends of antiquity throw any light on the subject, remained for a long period in the hands of the descendants of Ishmael, and on their migrating to other parts of the peninsula its guardianship became vested in their kinsmen, the Jorhamites. These were driven out by the Amalekites, who were in turn defeated by the combined forces of the Ishmaelites and Jorhamites, the latter of whom again became masters of the temple. The Jorhamites were defeated and deposed by a coalition of the Benu Bakr and Benu ʿHuzâʼhah, and the charge of the Kaabah remained with the last-mentioned tribe.

ʿAmr ibn Laʿhy, a chief of the Benu ʿHuzâʼhah, now assumed the political and religious chieftainship of Mecca, and it was in his reign that the idols were placed in the Kaabah. The result of this was vastly to increase the importance of the city and its temple, as the various objects to which individual tribes paid worship were then all concentrated within its precincts.

Quzâi, an ancestor of the prophet, making common cause with the Benu Kenânah, defeated the Benu Bakr and Benu ʿHuzâʼhah and restored the custody of the Kaabah to his own tribe, the Qurâis.

From Quzâi it descended to his eldest son ʿAbd ed Dar, from whom the principal offices were however transferred to is brother ʿAbd Menâf. These were the privilege of supplying the pilgrims with water and food at the time of the ʿHagg; the command of the army and civic [6]


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Page:United States Statutes at Large Volume 123.djvu/2541

 123STA T . 2 5 21 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(f)DEFIN I T I O N .—Suchse c tion is fu r ther am en d ed by addin g at the end the fo l lo w ing new subsection

‘(g) DEFINITION.— I n this section , the term ‘a p propriate congres - sional committees ’ means— ‘‘( 1 ) the C ommittee on A rmed Ser v ices, the Committee on F oreign Affairs, and the Committee on Appropriations of the H ouse of R epresentatives and ‘‘( 2 ) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.’’. (g) EX TEN S ION OF N OTI C ERE QU I R E M ENT RE LA TIN G TO REIM B URSEMENT OF P A K ISTAN FOR SU P PORT PRO V I D EDB Y PAKI- STAN.—Section 12 3 2(b)( 6 ) of the National Defense Authori z ation Act for Fiscal Y ear 2 0 0 8 (Public L aw 110 – 181; 122 Stat. 3 9 3), as amended by section 121 7 (d) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 4 17; 122 Stat. 463 5 ), is further amended by stri k ing ‘‘September 30, 2010’’ and inserting ‘‘September 30, 2011’’. SEC.12 2 4 . PAKI S T A N C OU NTE R INSUR G ENC YF UN D . (a) AVAILABILITY.— (1) AMOUNTS IN T H E FUND.— T he Pakistan Counterinsur- gency Fund (in this section referred to as the ‘‘Fund’’) shall consist of the following: (A) Amounts appropriated to the Fund for fiscal year 2009. ( B ) Amounts transferred to the Fund pursuant to sub- section (d). (2) INITIAL ASSESSMENT REQUIRED.—Concurrent with the initial use of funds available under this section, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth an assessment by the Sec- retary as to whether the G overnment of Pakistan is making concerted efforts to confront the threat posed by al Q a’ida, the Taliban, and other militant e x tremists based on the national security interests of Pakistan. (b) U SE OF FUNDS.— (1) IN GENERAL.—Amounts in the Fund shall be made available to the Secretary of Defense, with the concurrence of the Secretary of State, to provide assistance (including pro- gram management and the provision of e q uipment, supplies, services, training, facility and infrastructure repair, renovation, and construction) to the security forces of Pakistan (including military forces, police forces, and the Frontier Corps) to build and maintain the counterinsurgency capability of such forces, and of which not more than $ 4,000,000 may be made available to provide humanitarian assistance to the people of Pakistan only as part of civil-military training exercises for such forces receiving assistance under the Fund. (2) RELATION TO OTHER AUTHORITIES.—Except as otherwise provided in section 1225 of this Act, amounts in the Fund are authorized to be made available sub j ect only to the terms and conditions of this section and notwithstanding any other provision of law. The authority to provide assistance under this subsection is in addition to any other authority to provide assistance to foreign countries. (c) TRANSFERS FROM FUND.—


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Page:United States Statutes at Large Volume 123.djvu/2542

 123STA T . 2 5 22 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(1)INGE NE RAL.—TheS e cr e ta r yofD efe ns e m ay transfer s u ch amounts as the Secretary d eterm i nes to b ea p propriate from the F und— ( A ) to any account a v ai l able to the Department of Defense , or ( B ) w ith the concurrence of the Secretary of State and head of the relevant Federal department or a g ency, to any other non - intelligence related Federal account, for purposes consistent with this section. ( 2 ) TREA TM ENT OF TRAN S FERRE D F U NDS.—Sub j ect to sub- section (b)(2), amounts transferred to an account under the authority of paragraph (1) shall be merged with amounts in such account and shall be made available for the same purposes, and subject to the same conditions and limitations, as amounts in such account. ( 3 ) TRANSFERS B A CK TO FUND.— U pon a determination by the Secretary of Defense with respect to funds transferred under paragraph (1)(A), or the head of the other Federal depart- ment or agency with the concurrence of the Secretary of State with respect to funds transferred under paragraph (1)(B), that all or part of amounts transferred from the Fund under para- graph (1) are not necessary for the purpose provided, such amounts may be transferred bac k to the Fund and shall be made available for the same purposes, and subject to the same conditions and limitations, as originally applicable under sub- section (b). (d) TRANSFERS TO FUND.— (1) IN GENERAL.—The Fund may include amounts trans- ferred by the Secretary of State, with the concurrence of the Secretary of Defense, under any authority of the Secretary of State to transfer funds under any provision of law. (2) TREATMENT OF TRANSFERRED FUNDS.—Amounts trans- ferred to the Fund under the authority of paragraph (1) shall be subject to any restriction relating to payments for L etters of O ffer and Acceptance as a condition of the authority to transfer funds under paragraph (1), and merged with amounts in the Fund and shall be made available for the same purposes, and subject to the same conditions and limitations, as amounts in the Fund. (e) C ONGRESS I ONAL N OTIFICATION.—Amounts in the Fund may not be transferred from the Fund under this section until 1 5 days after the date on which the Secretary of Defense notifies the appro- priate congressional committees in writing of the details of the proposed transfer. (f) Q UARTERL YR E P ORTS.—Not later than 3 0 days after the end of each fiscal q uarter, the Secretary of Defense shall submit to the appropriate congressional committees a report that summa- ri z es, on a project-by-project basis, any transfer of funds from the Fund under this section during such fiscal quarter. (g) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ‘ ‘appropriate congressional committees ’ ’ means— (1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the H ouse of Representatives and Timep e r i od.


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Page:United States Statutes at Large Volume 123.djvu/2543

 123STA T . 2 5 23 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(2)theCom m i ttee o nAr me dS er v i c e s, the Committee on F orei g n R e la tions, and the Committee on A p propriations o f the Senate . (h) S UNSET . — ( 1 ) I N G ENE RAL .— Ex cept as provided in paragraph (2), the a u thorit y provided under this section terminates at the close of Septem b er 30, 2010. (2) E XC E P T IO N.—Any program supported from amounts in the Fund established before the close of September 30, 2010, may be completed after that date but only using amounts appropriated or transferred to the Fund on or before that date. SEC.12 2 5 . PROG R AMT O PRO VID E F ORT H E REGISTRATIO N AND END -U SE MONITORING OF DEFENSE ARTIC L ES AND DEFENSE SERVICES TRANSFERRED TO AFGHANISTAN AND PA K I- STAN. (a) P ROGRA M RE Q UIRE D .— (1) IN GENERAL.— T he Secretary of D efense shall establish and carry out a program to provide for the registration and end - use monitoring of defense articles and defense services transferred to Afghanistan and Pa k istan in accordance w ith the re q uirements under subsection (b) and to prohibit the re- transfer of such defense articles and defense services without the consent of the U nited States. The program required under this subsection shall be limited to the transfer of defense arti- cles and defense services— (A) pursuant to authorities other than the Arms Export Control Act or the Foreign Assistance Act of 1 96 1 and ( B ) using funds made available to the Department of Defense, including funds available pursuant to the Paki- stan Counterinsurgency Fund. (2) PRO H I B ITION.— N o defense articles or defense services that would be sub j ect to the program required under this sub- section may be transferred to— (A) the G overnment of Afghanistan or any other group, organi z ation, citizen, or resident of Afghanistan, or (B) the Government of Pakistan or any other group, organization, citizen, or resident of Pakistan, until the Secretary of Defense certifies to the specified congres- sional committees that the program required under this sub- section has been established. (b) REGISTRATION AND END-USE M ONITORING REQUIREMENTS.— The registration and end-use monitoring requirements under this subsection shall include the following (1) A detailed record of the origin, shipping, and distribu- tion of defense articles and defense services transferred to— (A) the Government of Afghanistan and other groups, organizations, citizens, and residents of Afghanistan; and (B) the Government of Pakistan and other groups, organizations, citizens, and residents of Pakistan. (2) The registration of the serial numbers of all small arms to be provided to— (A) the Government of Afghanistan and other groups, organizations, citizens, and residents of Afghanistan; and (B) the Government of Pakistan and other groups, organizations, citizens, and residents of Pakistan. 2 2 USC 2 785note.


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 123STA T . 2 5 2 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(3)Aprog r am o fend-us e mon it oring of l et h al defense arti- c les and defense ser v ices transferred to the entities and individ- uals descri b ed in subparagraphs (A) and ( B ) of paragraph ( 1 ) . (c) REVI E W;EX E MPT I ON . — (1) REVIEW.— T he S ecretar y of D efense shall periodically revie w the defense articles and defense services sub j ect to the registration and end-use monitoring re q uirements under sub- section (b) to determine which defense articles and defense services , if any, should no longer be subject to such registration and end-use monitoring requirements. The Secretary of Defense shall submit to the specified congressional committees the results of each review conducted under this paragraph. ( 2 ) EXEMPTION.—The Secretary of Defense may e x empt a defense article or defense service from the registration and end-use monitoring requirements under subsection (b) begin- ning on the date that is 3 0 days after the date on which the Secretary provides notice of the proposed exemption to the specified congressional committees. Such notice shall describe any controls to be imposed on such defense article or defense service, as the case may be, under any other provi- sion of law. (d) DE F INITION S .— I n this section (1) DEFENSE AR TI CL E.—The term ‘ ‘defense article ’ ’ has the meaning given the term in section 64 4(d) of the F oreign Assist- ance Act of 1 9 61 (22 U .S. C . 2403(d)). (2) DEFENSE SERVICE.—The term ‘‘defense service’’ has the meaning given the term in section 644(f) of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2403(f)). (3) SMALL ARM.—The term ‘‘small arm’’ means— (A) a handgun or pistol; (B) a shoulder-fired weapon, including a sub-carbine, carbine, or rifle; (C) a light, medium, or heavy automatic weapon up to and including a. 5 0 caliber machine gun; (D) a recoilless rifle up to and including 106mm; (E) a mortar up to and including 8 1mm; (F) a roc k et launcher, man-portable; ( G ) a grenade launcher, rifle and shoulder fired; and ( H ) an individually-operated weapon which is portable or can be fired without special mounts or firing devices and which has potential use in civil disturbances and is vulnerable to theft. (4) SPECIFIE D CON G RESSIONAL COMMITTEES.—The term ‘‘specified congressional committees’’ means— (A) the Committee on Foreign Affairs and the Com- mittee on Armed Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Com- mittee on Armed Services of the Senate. (e) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraph (2), this section shall take effect 180 days after the date of the enactment of this Act. (2) EXCEPTION.—The Secretary of Defense may delay the effective date of this section by an additional period of up to 120 days if the Secretary certifies in writing to the specified congressional committees for such additional period that it Timep e r i od.C er t i f i ca tio n . E ffecti v e date. N otification.


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 123STA T . 2 5 25 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9is i nthev it al inte r est of the U nite dS tates to do so and in c l u des in the certification a descri p tion of such vital interest .SEC.12 2 6 . R E PO R T SO N C AM PA IG NP L ANS F OR IRA Q AN D AFG H ANI - STAN. ( a )REPORTS RE QUI RE D . —N ot later than 180 da y s after the date of the enact m ent of this A ct , the C omptroller G eneral of the United States shall su b mit to the con g ressional defense commit - tees separate reports containing assessments of the e x tent to w hich the campaign plan for I ra q and the campaign plan for Afghanistan (including the supporting and implementing documents for each such plan) each adhere to military doctrine (as defined in the D epartment of Defense ’ s J oint P ublication 5– 0, Joint O peration Planning), including the elements set forth in subsection (b). (b) MA TTERS TO B E ASSESSED.— T he matters to be included in the assessments required under subsection (a) are as follows (1) The extent to which each campaign plan identifies and prioriti z es the conditions that must be achieved in each phase of the campaign. ( 2 ) The extent to which each campaign plan reports the number of combat brigade teams and other forces required for each campaign phase. ( 3 ) The extent to which each campaign plan estimates the time needed to reach the desired end state and complete the military portion of the campaign. (c) UPDATE O F REPORT.—The Comptroller General shall submit to the congressional defense committees an update of the report on the campaign plan for Iraq or the campaign plan for Afghanistan required under subsection (a) whenever the campaign plan for Iraq or the campaign plan for Afghanistan, as the case may be, is substantially updated or altered. (d) EXC EPTIO N .—If the Comptroller General determines that a report submitted to Congress by the Comptroller General before the date of the enactment of this Act substantially meets the requirements of subsection (a) for the submission of a report on the campaign plan for Iraq or the campaign plan for Afghanistan, the Comptroller General shall so notify the congressional defense committees in writing, but shall provide an update of the report as required under subsection (c). (e) TER M INATION.— (1) REPORTS ON IRAQ.—The requirement to submit updates of reports on the campaign plan for Iraq under subsection (c) shall terminate on December 31, 2011. (2) REPORTS ON AF GH ANISTAN.—The requirement to submit updates of reports on the campaign plan for Afghanistan under subsection (c) shall terminate on September 30, 2012. SEC. 122 7 . REPORT ON RESPONSI B LE REDEPLO Y MENT OF U NITED STATES ARMED FORCES FROM IRAQ. (a) REPORT REQUIRED.—Not later than 9 0 days after the date of the enactment of this Act, or December 31, 2009, whichever occurs later, and every 90 days thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report concerning the responsible redeployment of United States Armed F orces from Iraq in accordance with the policy announced by the President on February 2 7, 2009, and the Agreement Between the 50USC1 5 4 1 note.D ete rmi n a tion. N oti f i c ation.


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 123STA T . 2 5 2 6PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9UnitedS t a te sofAm e r i c aandt h e R e publ ic of I ra qO n the W ith - dra w al of United States F orces From Iraq and the Or g ani z ation of T heir Acti v ities D uring Their Temporar yP resence in Iraq .( b )ELEM E NTS . — The report required under subsection (a) shall include the following elements ( 1 ) The number of United States military personnel in Iraq by service and component for each month of the preceding 90 -day period and an estimate of the personnel levels in Iraq for the 90-day period following submission of the report. ( 2 ) The number and type of military installations in Iraq occupied by 100 or more United States military personnel and the number of such military installations closed , consolidated, or transferred to the G overnment of Iraq in the preceding 90-day period. ( 3 ) An estimate of the number of military vehicles, con- tainers of equipment, tons of ammunition, or other significant items belonging to the Department of Defense removed from Iraq during the preceding 90-day period, an estimate of the remaining amount of such items belonging to the Department of Defense, and an assessment of the li k elihood of successfully removing, demilitarizing, or otherwise transferring all items belonging to the Department of Defense from Iraq on or before December 31, 2011. ( 4 ) An assessment of United States detainee operations and releases. Such assessment should include the total number of detainees held by the United States in Iraq, the number of detainees in each threat level category, the number of detainees who are not nationals of Iraq, the number of detainees transferred to Iraqi authorities, the number of detainees who were released from United States custody and the reasons for their release, and the number of detainees who having been released in the past were recaptured or had their remains identified planning or after carrying out attacks on United States or C oalition forces. ( 5 ) A listing of the ob j ective and subjective factors utilized by the commander of M ulti- N ational Force – Iraq, including any changes to that list in the case of an update to the report, to determine risk levels associated with the drawdown of United States Armed Forces, and the process and timing that will be utilized by the commander of Multi-National Force–Iraq and the Secretary of Defense to assess risk and make rec- ommendations to the President about either continuing the redeployment of United States Armed Forces from Iraq in accordance with the schedule announced by the President or modifying the pace or timing of that redeployment. (c) IN C L U S IO NINOT H E R RE P ORTS.—The report required under subsection (a) and any updates to the report may be included in any other required report on Iraq submitted to Congress by the Secretary of Defense. (d) FORM.—The report required under subsection (a), whether or not included in another report on Iraq submitted to Congress by the Secretary of Defense, may include a classified anne x . (e) APPROPRI A TE CON G RESSIONAL COMMITTEES.—In this section, the term ‘ ‘appropriate congressional committees ’ ’ means— (1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate and


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 123STA T . 2 5 2 7PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(2)theCom m i ttee o nAr me dS er v i c e s, the Committee on F orei g nA f f a irs, the P ermanent Se l ect Committee on I ntel - ligence, and the Committee on A p propriations of the H o u se of R epresentatives .SEC.12 2 8 . R E PO R T O N CO M M U N I T Y-BA SE D SECURITY PRO G RAMS IN A F G H ANISTAN. (a) R EPORT RE QUI RE D . —N ot later than 1 2 0 da y s after the date of the enactment of this Act, the Secretary of D efense shall su b mit to the congressional defense committees a report on the Afghan Public Protection Program and other similar programs for commu- nity-based security forces in Afghanistan (in this section collectively referred to as the ‘ ‘programs ’ ’). (b) MA TTER ST O B EI NCL UDED.—The report re q uired under subsection (a) shall include the follo w ing elements (1) An assessment of the programs in Afghanistan, including, at a minimum, the following elements: (A) A listing and short description of the programs, including ma j or elements of each program. (B) An evaluation of the changes in security conditions in the districts in which each program is located, from each program’s inception to the date of the report. (C) The e x tent to which the forces developed under the programs are generally representative of the ethnic groups in the respective districts in which the programs are located. (D) If the forces developed under the programs are appropriately representative of the geographic area of responsibility. ( E ) An assessment of the effectiveness of each program, including, to the extent practicable, the views of the local communities and Afghan national, provincial, and district governmental officials and leaders of the local communities. (F) Any formal reviews of the programs that are planned for the future and the timelines on which the reviews would be conducted, by whom the reviews would be conducted, and the criteria that would be used. ( G ) The selection criteria that were used to select mem- bers of the program in the initial pilot districts and how the members were vetted. (H) The costs to the Department of Defense to support the program in the initial pilot districts, to include any Commanders’ Emergency Response Program funds spent as formal or informal incentives. (I) The roles of the Afghanistan National Security Forces (ANSF) in supporting and training forces under each program. ( J ) Any other criteria used to evaluate the programs by the Commander of U nited States Forces – Afghanistan. (2) An assessment of the future of the programs, including, at a minimum, the following elements: (A) A description of the goals and objectives expected to be met by the expansion of the programs or the establish- ment of similar programs. (B) A description of how such expansions would support the functions of the Afghan National Police.


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 123STA T . 2 5 2 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(C)Adescript i on o fh o w districts or pro v inces wi l l b e chosen to p a rticipate in the pro g ra m s , incl u ding an e x planation of the following (i) W hat mechanisms the G overnment of Afghani - stan will use to select additional districts or provinces, including participants in the decision process and the criteria used . (ii) H ow the views of relevant U nited S tates Government departments and agencies and of the N orth Atlantic T reat yO rgani z ation (NATO) I nter- national Security Assistance F orce (ISAF) will be ta k en into account by the Government of Afghanistan when choosing districts or provinces to participate in the programs. (iii) What process will be used to evaluate any changes to the programs as executed in the past to account for different or uni q ue circumstances in addi- tional areas of expansion. ( D ) An assessment of personnel, assets, or funding of the Department of Defense that would likely be required to support any expansion of the programs. ( E ) A description of the formal process, led by the Government of Afghanistan, that will be used to evaluate the programs, including a description of the following: (i) A listing of the criteria that are expected to be considered in the process. (ii) The roles in the process of — (I) the Government of Afghanistan (II) relevant United States Government departments and agencies; (III) NATO-ISAF; (I V ) nongovernmental representatives of the people of Afghanistan; and (V) any other appropriate individuals and enti- ties. (F) A description of whether members of the forces developed under the programs will be transitioned to the ANSF or to other employment in the future, including a description of— (i) the process that will be used to transition the forces; (ii) additional training that may be required; and (iii) how decisions will be made to transition the forces to the ANSF or other employment. (G) The Afghan chain of command that will be used to implement the programs and provide command and con- trol over the units created by the programs. SEC.12 2 9 . UPDAT ES OFR EPORT O N CO M MAND AND CONTRO L STRUC - TURE FOR M I LITAR Y FORCES OPERATIN G IN AFG H ANI- STAN. Section 12 1 6 (d) of the Duncan Hunter National Defense Authorization Act for Fiscal Y ear 2 0 0 9 ( P ublic L aw 110 –4 1 7 Stat. 46 3 4) is amended by adding at the end the following new sentence: ‘ ‘Any update of the report required under subsection (c) may be included in the report required under section 1230 of 10USC 11 3note.
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 123STA T . 2 5 2 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 theNa t ion a lD e f en s e Au tho r i z ation A c t for F iscal Y ear 20 0 8(P u b lic L a w1 10 – 181 122 S tat .3 8 5) . ’ ’. SEC.1230 . R E PO R T O NF E A S IB I L IT Y AN D DESIRABILITY OF ESTAB - LIS H IN G GENERAL U NIFOR M PROCEDURES AND GUIDE- LINES FOR THE PRO V ISION OF MONETARY ASSISTANCE BY THE UNITED STATES TO CIVILIAN FOREIGN NATIONALS FOR LOSSES INCIDENT TO COMBAT ACTIVI- TIES OF THE ARMED FORCES. (a) REPORT . —T he Secretar y of Defense shall sub m it to C on g ress are p ort on the feasibility an d the desirability of establishing general uniform procedures and guidelines for the pro v ision by the U nited States of monetary assistance to civilian foreign nationals for losses , in j uries, or death (hereafter ‘ ‘harm’’) incident to combat activities of the United States Armed Forces. (b) MA TTER S TO B E INCLUD ED I N REPORT.—The Secretary shall include in the report the following (1) A description of the authorities under laws in effect as of the date of the enactment of this Act for the United States to provide compensation, monetary payments, or other assistance to civilians who incur harm due directly or indirectly to the combat activities of the United States Armed Forces. (2) A description of the practices in effect as of the date of enactment of this Act for the United States to provide e x gratia, solatia, or other types of condolence payments to civilians who incur harm due directly or indirectly to the combat activities of the United States Armed Forces. (3) A discussion of the historic practice of the United States to provide compensation, other monetary payments, or other assistance to civilian foreign nationals who incur harm due directly or indirectly to combat activities of the United States Armed Forces. ( 4 ) A discussion of the practice of the United States in O peration E nduring Freedom and Operation Ira q i Freedom to provide compensation, other monetary payments, or other assistance to civilian foreign nationals who incur harm due directly or indirectly to the combat activities of the United States Armed Forces, including the procedures and guidelines used and an assessment of its effectiveness. This discussion will also include estimates of the total amount of funds dis - bursed to civilian foreign nationals who have incurred harm since the inception of Operation Iraqi Freedom and Operation Enduring Freedom. This discussion will also include how such procedures and guidelines compare to the processing of claims filed under the Foreign Claims Act. (5) A discussion of the positive and negative effects of using different authorities, procedures, and guidelines to pro- vide monetary assistance to civilian foreign nationals, based upon the culture and economic circumstances of the local popu- lace and the operational impact on the military mission. This discussion will also include whether the use of different authori- ties, procedures, and guidelines has resulted in disparate mone- tary assistance to civilian foreign nationals who have incurred substantially similar harm, and if so, the frequency and effect of such results. ( 6 ) A discussion of the positive and negative effects of establishing general uniform procedures and guidelines for the


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 123STA T . 2 5 3 0PUBLIC LA W 111 –84—O CT. 28 , 200 9provis io n o f s ucha ssis t anc e,b ase d upon the g oa l softi m el y commencement of a program of monetary assistance, efficient and effective implementation of such program, and consistency in the amount of assistance in relation to the harm incurred .T his discussion w ill also include whether the implementation of general uniform procedures and guidelines would create a legally enforceable entitlement to ‘ ‘compensation ’ ’ and, if so, any potential significant operational impact arising from such an entitlement. (7)A ssuming general uniform procedures and guidelines were to be established, a discussion of the following (A) W hether such assistance should be limited to speci - fied types of combat activities or operations, e.g., such as during counterinsurgency operations. ( B ) Whether such assistance should be contingent upon a formal determination that a particular combat activity / operation is a q ualifying activity, and the criteria, if any, for such a determination. ( C ) Whether a time limit from the date of loss for providing such assistance should be prescribed. ( D ) Whether only monetary or other types of assistance should be authori z ed, and what types of nonmonetary assistance, if any, should be authorized. ( E ) Whether monetary value limits should be placed on the assistance that may be provided, or whether the determination to provide assistance and, if so, the monetary value of such assistance, should be based, in whole or in part, on a legal advisor’s assessment of the facts. ( F ) Whether a written record of the determination to provide or to not provide such assistance should be maintained and a copy made available to the civilian for- eign national. ( G ) Whether in the event of a determination to not provide such assistance the civilian foreign national should be afforded the option of a review of the determination by a higher ran k ing authority. (c) RECOM ME NDATI ON S . — The S ecretary shall include in the report such recommendations as the Secretary considers appropriate for legislative or administrative action with respect to the matters discussed in the report. (d) S UB MISSION O F RE P O R T.—The report shall be submitted not later than 180 days after the date of the enactment of this Act. The report shall be submitted in unclassified form, but may include a classified anne x . SEC.123 1. A SSESS M E NT AN DR E PO RT ON U N I TED STATES - PA K ISTAN MI L ITAR Y RELATIONS AND COOPERATION. (a) ASSESSMENT RE Q UIRED.—The Secretary of Defense, in con- sultation with the Secretary of State, shall conduct an assessment of possible alternatives to reimbursements to P akistan for logistical, military, or other support provided by Pakistan to or in connection with U nited States military operations, which could encourage the Pakistani military to undertake counterterrorism and counterinsur- gency operations and achieve the goals and ob j ectives for long- term United States-Pakistan military relations and cooperation. (b) REPORT.— N ot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to


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 123STA T . 2 5 31 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9theap p ro pr i ate c o ng re s siona l co m mittees a report on the assess - ment re qu ire d under su b section ( a ). (c) FORM . —T he report required under subsection (b) shall be submitted in unclassi f ied form , but ma y include a classified anne x if necessary. (d) AP PROPR IATEC O NG RE S SIONA L COMMITTEES D E F INE D .— I n this section, the term ‘ ‘appropriate congressional committees ’ ’ means— ( 1 ) the Committee on Armed S er v ices, the Committee on Foreign Affairs, and the Committee on Appropriations of the H ouse of R epresentatives and ( 2 ) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate. SEC.123 2. R E PO R T O N PRO G RESS TO WA R D SEC U R I T Y AND STA B I L ITY IN PA K ISTAN. (a) REPORT RE QU IRED.—The P resident shall submit to Congress a report on the progress to w ard long-term security and stability in Pa k istan. The report required under this subsection shall be submitted concurrent with the submission of each report under section 12 3 2ofthe N ational Defense Authori z ation Act for Fiscal Y ear 2 0 0 8 (Public L aw 110 – 181; 122 Stat. 3 9 2), as amended by section 121 7 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 4 17; 122 Stat. 4 6 34), on or after the date of the enactment of this Act. (b) E LEMENTS.—The report required under subsection (a) shall address, at a minimum, the following elements (1) The effectiveness of efforts to achieve the following strategic goals: (A) To disrupt, dismantle, and defeat al Q a’ida, its affiliated networks, and other extremist forces in Pakistan. ( B ) To eliminate the safe havens for such forces in Pakistan. (C) To prevent the return of such forces to Pakistan or Afghanistan. (2) The effectiveness of U nited States security assistance to Pakistan to achieve the strategic goals described in para- graph (1). (3) For any strategic goal addressed under this subsection, a description of any additional goals and ob j ectives, and the timelines for meeting such goals and objectives. (4) A description of the metrics used to assess progress toward each goal and objective and along each timeline described in paragraph (3). (c) FORM.—The report required under subsection (a) shall be transmitted in unclassified form, but may contain a classified annex if necessary. SEC. 1233. REPEAL O F GAO WAR - RELATED REPORTING RE Q UIRE M ENT. Section 1221(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3462) is amended by striking the following: ‘‘Based on these reports, the Comptroller G eneral shall provide to Congress quarterly updates on the costs of O peration Iraqi Freedom and Operation Enduring Freedom.’’. 10USC 11 3note.Pr e sid ent.


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 123STA T . 2 5 32 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.1234 . AUTHORI T Y TO TRA N S F ER D EFENSE ARTIC L ES AND P RO -V IDE DEFENSE SERVICES TO THE M ILITARY AND SECU- RITY FORCES OF IRA Q AND AF G HANISTAN. (a)AUTHORI T Y.—TheS e cr e t ar yofD efe ns e ,wi th the conc u rrence of the Secretary of State, is authori z e d to transfer defense artic l es fro m the stoc k softheDe p artment of Defense, without reim b urse - ment from the G o v ernment of I ra q or the Government of Af g hani- stan, and to provide defense services in connection with the transfer of such defense articles, to— ( 1 ) the military and security forces of Iraq to support the efforts of those forces to restore and maintain peace and secu- rity in that country and ( 2 ) the military and security forces of Afghanistan to sup- port the efforts of those forces to restore and maintain peace and security in that country. (b) L I M IT A TIO NS .— (1) V A L U E .—The aggregate replacement value of all defense articles transferred and defense services provided under sub- section (a) may not e x ceed $750 ,000,000. (2) SOUR C EO F TRANSFERRE D DEFENSE ARTICLES.—The authority under subsection (a) may only be used for defense articles that— (A)(i) were present in Iraq as of the date of the enact- ment of this Act; (ii) immediately before the transfer were in use to support operations in Iraq; and (iii) are no longer required by U nited States forces in Iraq; or ( B )(i) were present in K uwait as of the date of enact- ment of this Act; (ii) prior to being transferred to Kuwait were in use to support operations in Iraq; and (iii) are no longer required by United States forces in Iraq or Kuwait (as the case may be). (c) A P PLICA B LE LA W .—Any defense articles transferred or defense services provided to Iraq or Afghanistan under the authority of subsection (a) shall be sub j ect to the authorities and limitations applicable to excess defense articles under section 51 6 of the F oreign Assistance Act of 1 9 61 (22 U.S. C .2 3 21j), other than the authorities and limitations contained in subsections (b)(1)(B), (e), (f), and (g) of such section. (d) R EPORT.— (1) IN G ENERAL.—The Secretary of Defense may not exercise the authority under subsection (a) until 30 days after the Secretary of Defense, with the concurrence of the Secretary of State, provides the appropriate congressional committees a report on the plan for the disposition of equipment and other property of the Department of Defense in Iraq or Kuwait (as the case may be). (2) E LEMENTS OF REPORT.—The report required under para- graph (1) shall include the following elements (A) An assessment of— (i) the types and quantities of defense articles required by the military and security forces of Iraq to support the efforts of those military and security forces to restore and maintain peace and security in Iraq; and Timep e r i od.


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 123STA T . 2 5 33 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(i i )the t yp e sandqu antities of defense a r ti cl es required b y the m ilitary and security forces of A f g hani - stan to support the efforts of those military and secu- rity forces to restore and maintain peace and security in Afghanistan . ( B ) A description of the authorities a v ailable for addressing the requirements identified in subparagraph (A). ( C ) A description of the process for inventorying equip- ment and property , including defense articles, in I raq or K u w ait owned by the D epartment of Defense, including equipment and property owned by the Department of Defense and under the control of contractors in Iraq. (D) A description of the types of defense articles that the Department of Defense intends to transfer to the mili- tary and security forces of Iraq and an estimate of the quantity of such defense articles to be transferred. ( E ) A description of the types of defense articles that the Department of Defense intends to transfer to the mili- tary and security forces of Afghanistan and an estimate of the quantity of such defense articles to be transferred. ( F ) A description of the process by which potential requirements, including requirements related to responding to natural disasters and other domestic emergencies in the continental U nited S tates, for defense articles to be transferred under the authority provided in subsection (a), other than the requirements of the security forces of Iraq or Afghanistan, are identified and the mechanism for resolving any potential conflicting requirements for such defense articles. ( G ) A description of the plan, if any, for reimbursing military departments from which non-e x cess defense arti- cles are transferred under the authority provided in sub- section (a). ( H ) An assessment of the efforts by the Government of Iraq to identify the requirements of the military and security forces of Iraq for defense articles to support the efforts of those forces to restore and maintain peace and security in that country. (I) An assessment of the ability of the Governments of Iraq and Afghanistan to absorb the costs associated with possessing and using the defense articles to be trans- ferred. ( J ) A description of the steps ta k en by the Government of Iraq to procure or acquire defense articles to meet the requirements of the military and security forces of Iraq, including through military sales from the United States. (e) NOTIF I CA TIO N . — ( 1 )IN GE NE R A L .— T he Secretary of Defense may not transfer defense articles or provide defense services under sub- section (a) until 1 5 days after the date on which the Secretary of Defense, with the concurrence of the Secretary of State, has provided notice of the proposed transfer of defense articles or provision of defense services to the appropriate congressional committees. ( 2 ) CONTENT S .—Such notification shall include— Timep e r i od.


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 123STA T . 2 5 3 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(A)adescript i on o f t h ea m o u ntandt y pe of each defense artic l eto b e transferred or defense ser v ices to be provided ( B ) a statement describin g the current value of such article and the estimated replacement value of such article; ( C ) a description of w hether the article is considered tobeane x cess defense article or a non - excess defense article; ( D ) an identification of the military department from which the defense articles being transferred are drawn; ( E ) an identification of the element of the military or security force that is the proposed recipient of each defense article to be transferred or defense service to be provided; and ( F ) a certification and determination by the S ecretary of Defense that — (i) the defense articles to be transferred are re q uired by the military and security forces of I raq or the military and security forces of Afghanistan , as applicable, to build their capacity to restore and main- tain peace and security in their country; (ii) the government of the recipient country has agreed to accept and ta k e possession of the defense articles to be transferred and to receive the defense services in connection with that transfer; and (iii) the proposed transfer of such defense articles and the provision of defense services in connection with such transfer is in the national interest of the U nited States . (f) QUARTE R LYR E PO RT.— ( 1 )I NG ENERAL.— N ot later than 90 days after the date of the report provided under subsection (d), and every 90 days thereafter during fiscal year 2 010, the Secretary of Defense shall report to the appropriate congressional committees on the implementation of the authority under subsection (a). T he report shall include the replacement value of defense articles transferred pursuant to subsection (a), both in the aggregate and by military department, and services provided to Iraq and Afghanistan during the previous 90 days. (2) IN C LU SI ONINOT H ER REPORT.—The report required under paragraph (1) may be included in the report required under section 920 4 of the Supplemental Appropriations Act, 200 8 ( P ublic L aw 110 – 2 5 2; 122 Stat. 2410) or any follow on report to such other report. (g) DE F INITIONS.—In this section (1) APPROPRIATE CONGRESSIONAL CO M MITTEES.—The term ‘ ‘appropriate congressional committees ’ ’ means— (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the H ouse of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Rela- tions of the Senate. (2) DEFENSE ARTICLES.—The term ‘‘defense articles’’ has the meaning given the term in section 6 44(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 240 3 (d)). Certif i ca ti on.D eter m ination.


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 123STA T . 2 5 35 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(3)DEF E NS ESE RVIC ES .—Thet e rm‘ ‘ d e f e ns e ser vic es ’ ’h a s the meanin g given the term in secti o n 64 4(f) of s u ch A ct( 2 2 U . S . C .24 0 3(f)). (4) M I L I TA R Y AN D SEC U RITY F O RCES.—The term ‘‘mi l itar y and security forces’’ means national armies , national air forces, national navies, national guard forces, p olice forces and b order security forces, but does not include non - governmental or irreg- ular forces (such as private militias). (h) EXP IRATION.—The authority provided under subsection (a) maynotbee x ercised after September 30, 20 1 0. (i) EXCESS DEFENSE ARTICLES.— (1) ADDITIONAL AUT H ORITY.—The authority provided by subsection (a) is in addition to the authority provided by section 5 16 of the F oreign Assistance Act of 1 9 61. (2) A G GREGATE VALUE.—The value of excess defense articles transferred to I ra q or Afghanistan during fiscal year 2010 pursuant to section 516 of the Foreign Assistance Act of 1961 shall not be counted against the limitation on the aggregate value of excess defense articles transferred contained in sub- section (g) of such Act or against the limitation on the aggregate value of defense articles transferred contained in subsection (b)(1) of this section. ( j ) R ULE OF CONSTRUCTION.— N othing in this section shall be construed as to provide the authority to refurbish, transport, or other w ise assist in the transfer to Iraq or Afghanistan of excess defense articles outside of Iraq or K uwait as of the date of the enactment of this Act. SEC.1235 . AN A LY S I S OFR E QU IRE D FORCE LE V ELS AND T Y P ES OF FORCES NEEDED TO SECURE SOUT H ERN AND EASTERN RE G IONS OF AFGHANISTAN. (a) STUDY RE Q UIRED.—The Secretary of Defense may, in sup- port of the Commander of United States Forces for Afghanistan (USF O R-A), enter into a contract with a Federally Funded Research Development Center (FFRDC) to provide an analysis of the required force levels and types of forces needed to implement the Com- mander’s strategic objectives in Afghanistan, including securing the southern and eastern regions of Afghanistan in order to provide a space for the G overnment of Afghanistan to establish effective government control and provide the Afghan security forces with the required training and mentoring. (b) FUNDING.—From funds made available for the Department of Defense by section 301(5) for operation and maintenance, Defense-wide activities, $ 3,000,000 may be used to carry out sub- section (a). SEC. 123 6 . M ODIFICATION OF REPORT ON PROGRESS TO W ARD SECU - RITY AND STA B ILITY IN AFGHANISTAN. (a) REPORT REQUIRED.—Subsection (a) of section 1230 of the National Defense Authori z ation Act for Fiscal Y ear 200 8 ( P ublic L aw 110 – 181 122 Stat. 385) is amended by stri k ing ‘‘2010’’ and inserting ‘‘2011’’. (b) MATTERS TO B E INCLUDED STRATEGIC DIRECTION OF UNITED STATES ACTIVITIES RELATING TO SECURITY AND STA B ILITY IN AFGHANISTAN.—Subsection (c) of such section is amended— (1) in paragraph (1)— (A) by redesignating subparagraph (B) as subpara- graph (C); and


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 123STA T . 2 5 3 6PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(B)byinsert in gaf ter s u b p aragrap h ( A )thef ol lo w ing new subparagraph

‘(B) A d es c ription of co m mitments or agreements by N A TOIS A F countries regarding the following: ‘‘(i) M utually agreed upon goals . ‘‘(ii) Strategies to achie v e such goals. ‘‘(iii) R esource and force re q uirements. ‘‘(iv) C ommitments and pledges of support regarding troops and resource levels. ’ ’ ( 2 ) by redesignating paragraphs (2) through ( 6 ) as para - graphs ( 3 ) through ( 7 ) , respectively; and (3) by inserting after paragraph ( 1 ) the following new para- graph: ‘‘(2) N ON -N AT O IS A F T R OO P - C ONTRI BU TIN G COUNTRI E S. — A description of commitments or agreements with non-NATO ISAF troop-contributing countries regarding the following: ‘‘(A) Mutually agreed upon goals. ‘‘(B) Strategies to achieve such goals. ‘‘(C) Resource and force requirements. ‘‘( D ) Commitments and pledges of support regarding troops and resource levels.’’. (c) MATTERS TO BE INC L U D ED: P ERFOR M ANCE INDICATORS AND MEASURES OF PROGRESS TO W ARD SUSTAINABLE L ONG-TERM SECU- RIT Y AND STABILITY IN AFG H ANISTAN.—Subsection (d)(2) of such section is amended— (1) in subparagraph (A), by stri k ing ‘‘individual NATO ISAF countries’’ and inserting ‘‘each individual NATO ISAF country’’; (2) by redesignating subparagraphs (C) through ( K ) as sub- paragraphs (D) through (L), respectively; (3) by inserting after subparagraph (B) the following new subparagraph: ‘‘(C) W ith respect to non-NATO ISAF troop-contrib- uting countries, a listing of contributions from each indi- vidual country, including levels of troops and equipment, the effect of contributions on operations, and unfulfilled commitments.’’; ( 4 ) by redesignating subparagraphs (F) through (L) (as redesignated) as subparagraphs ( G ) through (M), respectively; ( 5 ) by inserting after subparagraph ( E ) (as redesignated) the following new subparagraph: ‘‘(F) An assessment of progress in ending the ability of the insurgency (including the Taliban, Al Q aeda, and other anti-government elements), to establish control over the population of Afghanistan or regions of Afghanistan and establish safe havens in Afghanistan, and to conduct attacks inside or outside Afghanistan from such safe havens.’’; and (6) in subparagraph ( J ) (as redesignated)— (A) by redesignating clause (ii) as clause (iv); and (B) by inserting after clause (i) the following: ‘‘(ii) The coordination of reconstruction and development activities in Afghanistan, including— ‘‘(I) the roles of members of the Armed Forces and non-Armed Forces personnel within the staffing of U nited States-led Provincial Reconstruc- tion Teams;


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 123STA T . 2 5 3 7PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (I I )theus e ofm em b e r softhe A rme dF or c es for reco n struct i on , de v e l o p ment, a nd capacit y buildin g programs outside the j urisdiction of the D epartment of Defense and ‘‘(III) the coordination bet w een U nited S tates - led and other international-led programs to develop the capacity of national, provincial, and local government and other civil institutions as well as reconstruction and development activities in Afghanistan . ‘‘(iii) Unfilled staffing and resource re q uirements for United States reconstruction, development, and civil institution capacity building programs. ’ ’. (d) CONF O RMI N G AM E N D MEN T . — Subsection (d)( 2 ) of such sec- tion, as amended, is further amended in subparagraph ( K ) (as redesignated) by stri k ing ‘‘subsection (c)( 4 )’’ and inserting ‘‘sub- section (c)( 5 )’’. (e) E FFE C TI V ED A TE.— T he amendments made by this section shall apply with respect to any report required to be submitted under section 1 2 30 of the N ational Defense Authori z ation Act for Fiscal Y ear 200 8 ( P ublic L aw 110 – 181; 122 Stat. 385) after December 31, 200 9 . SEC.1237 . NOP E RMA NEN T M IL ITAR YB ASES IN A FGH ANISTAN. None of the funds authorized to be appropriated by this Act may be obligated or e x pended by the United States G overnment to establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan. Subti t leC—O t h e rMa tter s SEC. 12 4 1. REPORT ON U NITE D STATES ENGAGEMENT W ITH IRAN. (a) IN GENERA L .—Not later than J anuary 31, 2010, the Presi- dent shall submit to Congress a report on United States engagement with Iran. (b) ELEMENT S .—The report required by subsection (a) shall include the following (1) DI P LOMATIC ENGAGEMENT.— W ith respect to diplomatic engagement, the following: (A) A description of areas of mutual interest to the Government of the United States and the Government of the Islamic R epublic of Iran in which cooperation and discussion could be of mutual interest. ( B ) A discussion and assessment of the commitment of the Government of the Islamic Republic of Iran to engage in good-faith discussions with the United States to resolve matters of concern through negotiation. (C) An assessment of direct contacts between the Government of the United States and the Government of the Islamic Republic of Iran, including any direct discus- sions, exchange of letters, or other activities. (2) S U PPORT FOR TERRORISM.—An assessment of the types and amount of support provided by Iran to groups designated by the United States as foreign terrorist organizations and Presid e nt.


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 123STA T . 2 5 3 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9regionalm ili t ant gro ups, in c lu d ing organi z ations and groups present in I ra q and Af g h anistan .(3)NUCLEAR AC TIV ITIE S . —W ith respect to nuclear acti v ities, an assessment of the e x tent to w hich the G overnment of the Islamic R epu b lic of Iran has complied with U nited Nations S ecurit yC ouncil Resolutions 169 6( 20 06), 1 7 37 (2006), 17 4 7 (2007), 1 8 03 (2008), and 183 5 (2008), and with any other applicable resolutions adopted by the United Nations Security Council as of the date of the report. (4) M ISSILE ACTIVITIES.—With respect to missile activities, an assessment of the extent to which the Government of the Islamic Republic of Iran has continued development of its bal - listic missile program, including participation in any imports or exports of any items, materials, goods, and technologies related to that program and has complied with applicable United Nations Security Council Resolutions. (5) SU P P O RT TO N ARCOTICS NET W OR K INA FGH ANISTAN.— With respect to support to the narcotics networ k in Afghanistan, an assessment of the extent to which the Government of the Islamic Republic of Iran, or agencies under that government, has or have supported or facilitated the narcotics trade in Afghanistan. (6) SANCTIONS AGAINST IRAN.—With regard to sanctions against Iran— (A) a list of all current United States bilateral and multilateral sanctions against Iran ( B ) a description and discussion of United States diplo- matic efforts to enforce bilateral and multilateral sanctions against Iran and to strengthen international efforts to enforce such sanctions; (C) an assessment of the impact and effectiveness of existing bilateral and multilateral sanctions against Iran in achieving United States goals; ( D ) a list of all United States and foreign registered entities that the Secretary of State has determined to be engaged in activities in violation of existing United States bilateral or multilateral sanctions against Iran; and ( E ) a summary of United States efforts to enforce sanc- tions against Iran, including— (i) a list of all investigations initiated in the 18- month period ending on the date of the enactment of this Act that have resulted in a determination that activities sub j ect to sanctions have occurred; and (ii) a description of the actions taken by the United States Government pursuant to each such determina- tion. (c) SU BM ITTAL OF SIMILAR REPORTS AN D MATERIALS.—If any report or other material, whether required by law or not, submitted to Congress or any committee of Congress substantially responds to any requirement contained in this section, such requirement shall be considered to have been satisfied by including in the report required by subsection (a) a listing the title and date of the other such report or material so submitted. (d) SUBMITTAL IN CLASSIFIED F ORM.— T he report required by subsection (a), or any part of such report, may be submitted in classified form if the P resident considers it appropriate.


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326 That wrath will never spare,

Will never pity know;

Will mock its victims maddened prayer,

Will triumph in his woe.

Shut from his Maker's smile

The accursed man shall be;

For mercy reigns a little while,

But hate eternally.


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 123STA T . 2 5 3 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 SEC.124 2. AN N U A L C O UN T E R TERROR I S M STATUS RE P ORTS. (a)SHORTTI T LE.— T his s ect i onm a yb e cite d as the ‘ ‘S u ccess in C ounte r in gAlQ aeda R e p orting Re q uirements Act o f20 0 9’ ’. (b) A N N UA L COUNTERTERRORI SM STATUS RE P ORTS.— ( 1 ) I N G ENERAL.— N ot later than September 3 0, 2010, and e v ery September 30 thereafter until September 30, 2012, the P resident shall submit to Congress a report that contains, for the most recent 12 - month period, a revie w of the counterter- rorism strategy of the U nited States G overnment, including— (A) a detailed assessment of the scope, status, and progress of United States counterterrorism efforts in fighting Al Qaeda and its related affiliates and under- mining long-term support for violent e x tremism ( B )a j udgment on the adequacy of interagency integra- tion of the counterterrorism programs and activities of the D epartment of Defense, the Central Intelligence Agency, the Department of State, the Department of the Treasury, the Department of H omeland Security, the Department of J ustice, and other F ederal departments and agencies and the balance of resource commitments among such departments and agencies; (C) a delineation of the boundaries and integration between— (i) the strategic operational planning role of the National Counterterrorism Center (NCTC) for counter- terrorism; (ii) the operational planning role of the Depart- ment of Defense and, if applicable, the Central Intel- ligence Agency, for counterinsurgency and foreign internal defense; (iii) the operational planning role of the Depart- ment of State and other Federal departments and agen- cies for diplomacy and foreign assistance to promote stability, human rights, prosperity, and other general United States foreign policy goals; and (iv) the role of the President’s National Security Council staff to coordinate the national security inter- agency process; (D) a determination of whether the NCTC exercises the authority and has the resources and expertise required to fulfill the interagency strategic and operational planning role described in section 119(j) of the National Security Act of 19 47 ( 5 0 U.S.C. 404o), as added by section 1012 of the National Security Intelligence Reform Act of 2004 (title I of Public L aw 10 8– 458); ( E ) a description of the efforts of the United States Government to combat Al Qaeda and its related affiliates and undermine violent extremist ideology, which shall include— (i) a specific list of the President’s highest global counterterrorism priorities; (ii) a description of the most challenging areas for progress, in meeting the priorities described in clause (i); and (iii) efforts in those countries in which the Presi- dent determines that— Det e rmina ti o n .As sessment. P resi d ent. Suc cess in C ounterin g A lQ aeda R e p orting Re q uirements Act o f20 0 9.


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 123STA T . 2 540PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(I)AlQaed aa n d itsr elated a f filiates h a v e a p resen c e r (II) acts of international terroris m have b een perpetrated b y Al Qaeda and its related affiliates; ( F ) a specific list of U nited S tates co u nterterrorism efforts , and the specific status and achievements of such efforts, throu g h integrated military, financial, political, intelligence, paramilitary, economic, and la w enforcement elements, relating to — (i) bilateral security and training programs; (ii) law enforcement and border security; (iii) the disruption of terrorist networ k s; and (iv) the denial of terrorist safe havens and sanc - tuaries; ( G ) a description of United States Government activi- ties to counter terrorist recruitment and radicali z ation, including coordinated interagency— (i) strategic communications; (ii) public diplomacy; (iii) support for economic development and political reform; and (iv) other efforts aimed at influencing public opinion; ( H ) United States Government initiatives to eliminate direct and indirect international financial support for the activities of terrorist groups; (I) activities by foreign governments to combat Al Qaeda and its related affiliates and undermine violent e x tremism, and the extent of their cooperation with the United States Government; ( J ) an analysis of the extent to which specific Federal appropriations— (i) have been mapped to agency tasks as directed in the NCT C ’ s National Implementation P lan; (ii) have produced tangible, calculable results in efforts to combat and defeat Al Qaeda, its related affili- ates, and its violent ideology; or (iii) contribute to investments that have expected payoffs in the medium- to long-term; ( K ) statistical assessments, including those developed by the National Counterterrorism Center, on the number of individuals belonging to Al Qaeda and its related affili- ates that have been killed, in j ured, or taken into custody as a result of United States and foreign government counterterrorism efforts as compared to estimates of the total number of personnel belonging to Al Qaeda and its related affiliates; and ( L ) a concise summary of the methods used by all elements of the United States Government to assess and evaluate progress in the Nation’s overall counterterrorism efforts, including the use of specific measures, metrics, and indices . ( 2 )I NTERAG EN CY C O O P ERAT I ON.—In preparing a report under this subsection, the President shall include relevant information maintained by— (A) the National Counterterrorism Center and the National Counterproliferation Center; Presid e nt.
 * o


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 123STA T . 2 54 1 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(B)theD e par t m e n t ofJus t ic e , inc l u d in g the F ederal Bureau of I n v estigation ( C ) the Department of S tate; (D) the Department of Defense; ( E ) the Department of H omeland Securit y (F) the Department of the T reasury; ( G ) the O ffice of the Director of N ational Intelligence, including the Central Intelligence A gency; (H) the Office of M anagement and Budget; (I) the U nited States Agency for International Develop - ment; and (J) any other Federal department that maintains rel- evant information . ( 3 ) REPORTCLAS S IF ICATIO N . — Each report re q uired under this su b section shall be submitted in an unclassified form, to the ma x imum extent practicable, and accompanied by a classified appendix, as appropriate. SEC.1243 . R E PO R T O NU N I TE D ST A TES CONTRI B UTIONS TO T H E UNITED NATIONS. Section 12 2 5 of the John W arner National Defense Authori z a- tion Act for Fiscal Y ear 2 0 0 7 ( P ublic L a w 10 9– 3 64 is amended— (1) in subsection (a), by stri k ing ‘ ‘until December 31, 2010, the President shall submit ’ ’ and inserting ‘‘until September 30, 2011, the Director of the Office of Management and Budget shall submit’’; and (2) by adding at the end the following ‘‘(c) P UB LIC A V AILABILIT Y OF INFOR M ATION.—The Director of the Office of Management and Budget shall post a public version of each report submitted under subsection (a) on a text-based searchable and publicly available Internet Web site.’’. SEC. 1244. NATO SPECIA L OPERATIONS COORDINATION CENTER. (a) AUT H ORI Z ATION.—Of the amounts authorized to be appro- priated for fiscal year 2010 pursuant to section 301(1) for operation and maintenance for the Army, to be derived from amounts made available for support of North Atlantic Treaty Organization (herein- after in this section referred to as ‘‘NATO’’) operations, the Secretary of Defense is authorized to use up to $ 30,000,000 for the purposes set forth in subsection (b). (b) PURPOSES.—The Secretary shall provide funds for the NATO Special Operations Coordination Center (hereinafter in this section referred to as the ‘‘NSCC’’) to— (1) improve coordination and cooperation between the spe- cial operations forces of NATO nations; (2) facilitate j oint operations by the special operations forces of NATO nations; (3) support special operations forces peculiar command, control, and communications capabilities; (4) promote special operations forces intelligence and informational requirements within the NATO structure; and (5) promote interoperability through the development of common equipment standards, tactics, techniques, and proce- dures, and through execution of a multinational education and training program. (c) CERTIFICATION.—Not less than 1 8 0 days after the date of enactment of this Act, the Secretary shall certify to the Committees Deadlin e .W e bpost in g.
 * 120 Stat. 2424)


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 123STA T . 2 54 2 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9onArmedS er vic e s o fth e Sen a te and H o u se of R e p resentatives that the Secretar y of D efense has assi g ned e x ecutive agent responsi -b i l ity for the N S C C to an appropriate organi z ation w ithin the Department of Defense , and detail the steps being underta k en by the Department of Defense to strengthen the role of the NSCC in fostering special operations capabilities within NA TO.SEC.1245 . AN N U A LR E PO R T ON MI LITAR Y PO W ERO F IRAN. ( a ) A N N UAL R EPORT . — Not later than J anuary 30 of each year, the Secretary of Defense shall submit to Congress a report, in both classified and unclassified form, on the current and future military strategy of I ran. (b) M ATTER S TO B EIN C LU D ED.—The report re q uired under sub- section (a) shall include a description of the security posture of Iran, including at least the following ( 1 ) A description and assessment of Iranian grand strategy, security strategy, and military strategy, including— (A) the goals of Iran ’ s grand strategy, security strategy, and military strategy. (B) trends in Iran’s strategy that would be designed to establish Iran as the leading power in the Middle E ast and to enhance the influence of Iran in other regions of the world and (C) Iranian strategy regarding other countries in the region, including other specified countries. ( 2 ) An assessment of the capabilities of Iran’s conventional forces, including— (A) the size and capabilities of Iran’s conventional forces; (B) an analysis of the effectiveness of Iran’s conven- tional forces when facing U nited States forces in the region and other specified countries; (C) a description of Iranian military doctrine; and (D) an estimate of the funding provided for each branch of Iran’s conventional forces. (3) An assessment of Iran’s unconventional forces and related activities, including— (A) the size and capability of Iranian special operations units, including the Iranian Revolutionary G uard Corps –Q uds F orce; (B) the types and amount of support, including funding, lethal and non-lethal supplies, and training, provided to groups designated by the United States as foreign terrorist organizations and regional militant groups, including Hezbollah, Hamas, and the Special Groups in Iraq, in particular those forces as having been assessed as to be willing to carry out terrorist operations on behalf of Iran or in response to a military attack by another country on Iran; (C) an analysis of the effectiveness of Iran’s unconven- tional forces when facing United States forces in the region and other specified countries in the region; and (D) an estimate of the amount of funds spent by Iran to develop and support special operations forces and ter- rorist groups. ( 4 ) An assessment of Iranian capabilities related to nuclear and missile forces, including—


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 123STA T . 2 54 3 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(A)asum ma ryofn u cle ar w ea p ons capa bi li t ies an d de v elopments in t h e precedin g year ( B ) a summary of the capabilities of I ran ’ s ballistic missile forces , including developments in the preceding year, the si z e of Iran’s ballistic missile forces and Iran’s cruise missile forces, and the locations of missile launch sites; ( C ) a detailed analysis of the effectiveness of Iran’s ballistic missile forces and Iran’s cruise missile forces when facing U nited S tates forces in the region and other specified countries; and ( D ) an estimate of the amount of funding e x pended by Iran since 20 0 4 on programs to develop a capability to build nuclear weapons or to enhance Iran’s ballistic missile forces . (c) D EFIN I T I O N S . — In this section ( 1 )I RA N’S C ON V ENTIONA L FORCES.— T he term ‘ ‘Iran’s conventional forces’’— (A) means military forces of the Islamic R epublic of Iran designed to conduct operations on sea, air, or land, other than Iran’s unconventional forces and Iran’s ballistic missile forces and Iran’s cruise missile forces; and (B) includes Iran’s Army, Iran’s Air F orce, Iran’s N avy, and elements of the Iranian Revolutionary G uard Corps, other than the Iranian Revolutionary Guard Corps –Q uds Force. (2) IRAN’S U NCONVENTIONAL FORCES.—The term ‘‘Iran’s unconventional forces’’— (A) means forces of the Islamic Republic of Iran that carry out missions typically associated with special oper - ations forces; and (B) includes— (i) the Iranian Revolutionary Guard Corps–Quds Force; and (ii) any organization that— (I) has been designated a terrorist organization by the United States; (II) receives assistance from Iran; and (III)(aa) is assessed as being willing in some or all cases of carrying out attac k s on behalf of Iran; or (bb) is assessed as likely to carry out attacks in response to a military attack by another country on Iran. ( 3 ) IRAN’S B ALLISTIC M ISSILE FORCES.—The term ‘‘Iran’s ballistic missile forces’’ means those elements of the military forces of Iran that employ ballistic missiles. (4) IRAN’S CRUISE MISSILE FORCES.—The term ‘‘Iran’s cruise missile forces’’ means those elements of the military forces of Iran that employ cruise missiles capable of flights less than 5 00 kilometers. (5) S P ECIFIE D COUNTRIES.—The term ‘‘specified countries’’ means the countries in the same geographic region as Iran, including Israel, L ebanon, Syria, J ordan, Ira q , Afghanistan, Saudi Arabia, Turkey, Bahrain, K uwait, the United Arab E mir- ates, Armenia, and Azerbai j an.


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 123STA T . 2 54 4 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(d)TERMINAT I O N .— T her e qui re m e nt t os u b mit the re p ort required under subse c tion ( a ) sha l l terminate on D ecember 31,20 1 4 . SEC.1246 . AN N U A LR E PO R T ON MI LITAR Y AN D SECURITY DE V ELOP - MENTS INVOLVIN G T H E PEOPLE ’ S REPU B LIC O F CHINA. (a) A NN U A LR E P ORT.— S ubsection (a) o f section 1202 of the N ational Defense Authori z ation Act for F iscal Y ear 2000 ( P ublic L a w 10 6– 6 5; 113 Stat. 78 1; 10 U .S. C . 113 note) is amended— (1) in the first sentence, b y stri k in g‘ ‘on the current and future military strategy of the People ’ s Republic of China’’ and inserting ‘‘on military and security de v elopments involving the People’s Republic of China’’; (2) in the second sentence— (A) by striking ‘‘on the People’s Liberation Army’’ and inserting ‘‘of the People’s Liberation Army’’; and ( B ) by striking ‘‘Chinese grand strategy, security strategy,’’ and inserting ‘‘Chinese security strategy’’; and (3) by adding at the end the following new sentence ‘‘The report shall also address United States - China engagement and cooperation on security matters during the period covered by the report, including through United States-China military- to-military contacts, and the United States strategy for such engagement and cooperation in the future.’’. (b) M ATTER S TO BE I N C LU D ED.—Subsection (b) of such section, as amended by section 1263 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 407), is further amended— (1) in paragraph (1)— (A) by striking ‘‘goals of’’ inserting ‘‘goals and factors shaping’’; and (B) by striking ‘‘Chinese grand strategy, security strategy,’’ and inserting ‘‘Chinese security strategy’’; (2) by amending paragraph (2) to read as follows: ‘‘(2) Trends in Chinese security and military behavior that would be designed to achieve, or that are inconsistent with, the goals described in paragraph (1).’’; (3) in paragraph (6)— (A) by inserting ‘‘and training’’ after ‘‘military doctrine’’; and (B) by striking ‘‘, focusing on (but not limited to) efforts toe x ploit a transformation in military affairs or to conduct preemptive strikes’’; and (4) by adding at the end the following new paragraphs: ‘‘(10) In consultation with the Secretary of E nergy and the Secretary of State, developments regarding United States- China engagement and cooperation on security matters. ‘‘(11) The current state of United States military-to-military contacts with the People’s Liberation Army, which shall include the following: ‘‘(A) A comprehensive and coordinated strategy for such military-to-military contacts and updates to the strategy. ‘‘(B) A summary of all such military-to-military con- tacts during the period covered by the report, including a summary of topics discussed and questions asked by the Chinese participants in those contacts.


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Page:United States Statutes at Large Volume 123.djvu/2565

 123STA T . 2 54 5 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9‘ ‘ (C)Adescript i on o f s u c hm i l it a r y- to-military contacts scheduled for the 12 -month period follo w in g the period co v ered b y the report and the plan for future contacts . ‘‘( D ) T he S ecretary ’ s assessment of the benefits the Chinese e x pect to gain from such military-to-military con- tacts. ‘‘( E ) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military- to-military contacts , and any concerns regarding such con- tacts. ‘‘( F ) The Secretary’s assessment of how such military- to-military contacts fit into the larger security relationship between the U nited States and the P eople’s R epublic of China. ‘‘(12) O ther military and security developments involving the People’s Republic of China that the Secretary of Defense considers relevant to United States national security.’’. (c) C ONF O RMI N G AM E N D MEN T . — Such section is further amended in the heading by stri k ing ‘‘ MIL I TARYPOWE RO F ’’ and inserting ‘‘MILITARY A NDS E CU RITY DE V ELOPMENTS INVOLVIN G ’’. (d) RE P E ALS .—Section 12 0 1 of the N ational Defense Authori z a- tion Act for Fiscal Y ear 2000 (Public L aw 10 6– 6 5; 11 3 Stat. 7 7 9 10 U.S.C. 16 8 note) is amended by striking subsections (e) and (f). (e) EFFE C TI V E DATE.— (1) I N GENERAL.—The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to reports re q uired to be submitted under subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000, as so amended, on or after that date. (2) STRATEG Y AND U PDATES FOR MILITARY-TO-MILITARY CON- TACTS W IT H PEOPLE’S LI B ERATION ARMY.—The requirement to include the strategy described in paragraph (11)(A) of section 1202(b) of the National Defense Authorization Act for Fiscal Year 2000, as so amended, in the report required to be sub- mitted under section 1202(a) of such Act, as so amended, shall apply with respect to the first report required to be submitted under section 1202(a) of such Act on or after the date of the enactment of this Act. The requirement to include updates to such strategy shall apply with respect to each subsequent report required to be submitted under section 1202(a) of such Act on or after the date of the enactment of this Act. SEC.1247 . R E PO R T O NIM P A CTS O FD RA W DOWN A U T H ORITIES ON THE DEPARTMENT OF DEFENSE. (a) REPORT RE Q UIRED.—The Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Affairs of the H ouse of Representatives and the Committee on Foreign Relations of the Senate an annual report, in unclassified form but with a classified annex if necessary, on the impacts of drawdown authorities on the Department of Defense. The report required under this subsection shall be submitted concurrent with the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code. (b) ELEMENTS OF REPORT.—The report required under sub- section (a) shall contain the following elements
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