text:
Page:United States Statutes at Large Volume 123.djvu/2566

 123STA T . 2 546PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(1)Alistofeachdr a w dow n for which a p residential deter -m ination was iss u ed in the precedin gy ear . ( 2 ) A summary of the types and q uantities of equipment that was pro v ided under each drawdown in the preceding year. ( 3 ) T he cost to the D epartment of Defense to replace any equipment transferred as part of each drawdown , not including any depreciation, in the preceding year. ( 4 ) The cost to the Department of Defense of any other item, including fuel or services, transferred as part of each drawdown in the preceding year. ( 5 ) The total amount of funds transferred under each draw- down in the preceding year. ( 6 ) An assessment b y the S ecretary of Defense and the C hairman of the J oint Chiefs of Staff of the impact of transfers carried out as part of drawdowns in the previous year on — (A) the ability of the Armed F orces to meet the require- ments of ongoing overseas contingency operations ( B ) the level of ris k associated with the ability of the Armed Forces to e x ecute the missions called for under the N ational M ilitary Strategy as described in section 153(b) of title 1 0, U nited States Code; (C) the ability of the Armed Forces to reset from cur- rent contingency operations; (D) the ability of both the active and R eserve forces to conduct necessary training; and ( E ) the ability of the Reserve forces to respond to domestic emergencies. (c) D EFIN I T I O N S .— I n this section (1) D RAWD OWN.—The term ‘ ‘drawdown ’ ’ means any transfer or package of transfers of equipment, services, fuel, funds or any other items carried out pursuant to a presidential deter- mination issued under a drawdown authority. (2) DRAWDOWN A U T H ORIT Y .—The term ‘‘drawdown authority’’— (A) means an authority under— (i) section 506(a) (1) or (2) of the Foreign Assistance Actof1 9 61 (22 U.S.C. 231 8 (a) (1) or (2)); (ii) section 552(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)); or (iii) any other substantially similar provision of law; but (B) does not include the authority provided under sec- tion 1234 (relating to authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan). (d) TER M INATION.—The requirement to submit the report required under subsection (a) shall terminate on December 31, 2013. SEC.1248 . RI S KA SSESS M E NTOFU NITE D STATES S P ACE E X PORT CON - TRO L POLIC Y . (a) ASSESSMENT RE Q UIRED.—The Secretary of Defense and the Secretary of State shall carry out an assessment of the national security risks of removing satellites and related components from the United States Munitions L ist. (b) MATTERS TO BE IN CL UDED.—The assessment required under subsection (a) shall included the following matters:


text:
Page:United States Statutes at Large Volume 123.djvu/2567

 123STA T . 2 547PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(1)Arevi e wofth e spac ea nd space - re l ated technolo g ies c u rrentl y on the U nited S tates M unitions L ist , to include sat- ellite syste m s, dedicated su b systems, and components . ( 2 ) An assessment of the national security ris k s of removing certain space and space-related technologies identified under paragraph (1) from the United States Munitions List. ( 3 )Ane x amination of the degree to which other nations ’ export control policies control or limit the export of space and space-related technologies for national security reasons. ( 4 ) R ecommendations for — (A) the space and space-related technologies that should remain on, or may be candidates for removal from, the United States Munitions List based on the national security risk assessment re q uired paragraph (2) ( B ) the safeguards and verifications necessary to— (i) prevent the proliferation and diversion of such space and space-related technologies; (ii) confirm appropriate end use and end users; and (iii) minimi z e the risk that such space and space- related technologies could be used in foreign missile, space, or other applications that may pose a threat to the security of the United States; and ( C ) improvements to the space export control policy and processes of the United States that do not adversely affect national security. (c) C ONSULTA T I ON.— I n conducting the assessment required under subsection (a), the Secretary of D efense and the Secretary of State may consult with the heads of other relevant departments and agencies of the United States G overnment as the Secretaries determine is necessary. (d) R EP O R T.— N ot later than 1 80 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to the congressional defense committees and the Committee on F oreign Affairs of the H ouse of Representatives and the Committee on Foreign Relations of the Senate a report on the assessment required under subsection (a). T he report shall be in unclassified form but may include a classified annex. (e) DE F INITION.—In this section, the term ‘ ‘United States Muni- tions List’’ means the list referred to in section 38(a)(1) of the Arms E xport Control Act (22 U.S.C. 2 7 78(a)(1)). SEC.1249 . PATRIO TAIRA NDM ISSI L EDE F ENSE B ATTER Y IN POLAND. (a) FIN D IN G S.—Congress makes the following findings (1) O n August 20, 2008, representatives of the governments of the United States and P oland signed the ‘‘Declaration on Strategic Cooperation between the United States of America and the Republic of Poland’’. (2) The Declaration on Strategic Cooperation states, among other things, that the ‘‘United States and Poland intend to expand air and missile defense cooperation. In this regard, we have agreed on an important new area of such cooperation involving the deployment of a U.S. Army Patriot air and missile defense battery in Poland. W e intend to begin this cooperation next year and to expand it with the aim of establishing by 2012 a garrison to support the U.S. Army Patriot battery. The Government of Poland intends to provide an appropriate

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 123.djvu/2568

 123STA T . 2 548PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9site, i nfra str uc ture, an d faci l ities f o rt h is g arrison acce p ta b le to both parties .O ur cooperation in this area w ill include j oint training opportunities that will enhance P olish air defense capabilities. I ntheco m ing months, we intend to reach agree - ment on the specific arrangements that will enable this coopera- tion to begin. T hese steps reflect the commitment of the U nited S tates to an e x panded defense relationship with Poland. ’ ’. ( b ) S ENS E OFC ON GR ESS. — It is the sense of Congress that the United States and Poland should see k to implement the terms of the D eclaration on Strategic Cooperation, including cooperation on the deplo y ment of a United States A rmy Patriot air and missile defense battery in Poland. (c) R E P OR T .— N ot later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the status of cooperation on the deployment of a United States Army Patriot air and missile defense battery in Poland. The report shall be in unclassified form, but may include a classified annex. SEC.1250 . R E PO R T O N POTENT IALF OREI G N M ILITAR Y SALES OF T H E F – 22A FIGHTER AIRCRAFT. (a) REPORT RE QUI RE D .—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretary of State and in consultation with the Secretary of the Air F orce, submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the H ouse of Representa- ti v es a report on potential foreign military sales of the F –2 2A fighter aircraft. (b) EL E M ENTS.—The report re q uired by subsection (a) shall include the following (1) An estimate of the costs to the United States G overn- ment, industry, and any foreign military sales customer of developing an exportable version of the F–22A fighter aircraft. (2) An assessment whether an exportable version of the F–22A fighter aircraft is technically feasible and executable, and, if so, a timeline for achieving an exportable version of the aircraft. ( 3 ) An assessment of the potential strategic implications of permitting foreign military sales of the F-22A fighter aircraft. ( 4 ) An identification of any modifications to current law that are required to authori z e foreign military sales of the F–22A fighter aircraft. (c) ADDITION A L REPORT REQUIRED.—The Secretary of Defense shall enter into an agreement with a federally funded research and development center to submit, not later than 180 days after the date of the enactment of this Act, to the committees identified in subsection (a), through the Secretary of Defense, a report on the impact of foreign military sales of the F-22A fighter aircraft on the United States aerospace and aviation industry, and the advantages and disadvantages of such sales for sustaining that industry. Contrac t s.


text:
Page:United States Statutes at Large Volume 123.djvu/2569

 123STA T . 2 549PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 SEC.125 1. R E PO R T O N T H EP LA N F ORTHEN U CLEAR W EAPONS STOC K- P I LE , NUCLEAR WEAPONS CO M PLE X ,AN D DELI V ER Y PLATFORMS AND SENSE OF CON G RESS ON FOLLOW-ON NEGOTIATIONS TO START TREATY. (a)REPORT O N T H E PLA N F OR THE NUC LEAR W EAPON SS TOC K- P I LE , NUCLEAR WEAPONS C O M PLE X ,AN DD ELI V ER Y PLATFORMS .— ( 1 ) REPORT RE Q UIRED.—N otl at er t h a n30d a ys a f ter the date of the ena c t m ent of th i s A ct or at the time a follo w - on treaty to the Strate g ic Arms Red u ction T reaty (START Treaty) is su b mitted by the President to the Senate for its ad v ice and consent, whichever is later, the President shall submit to the congressional defense committees, the Committee on F oreign Relations of the Senate, and the Committee on Foreign Affairs of the H ouse of Re p resentatives a report on the plan to— (A) enhance the safety, security, and reliability of the nuclear weapons stoc k pile of the U nited States ( B ) moderni z e the nuclear weapons comple x (C) maintain the delivery platforms for nuclear weapons. ( 2 ) E LEMENTS.—The report re q uired under paragraph (1) shall include the following (A) A description of the plan to enhance the safety, security, and reliability of the nuclear weapons stockpile of the United States. (B) A description of the plan to modernize the nuclear weapons complex, including improving the safety of facili- ties, modernizing the infrastructure, and maintaining the key capabilities and competencies of the nuclear weapons workforce, including designers and technicians. (C) A description of the plan to maintain delivery plat- forms for nuclear weapons. (D) An estimate of budget requirements, including the costs associated with the plans outlined under subpara- graphs (A) through (C), over a 10-year period. (b) SENSE OF CON G RESS.— I t is the sense of Congress that— (1) the President should maintain the stated position of the United States that the follow-on treaty to the START Treaty not include any limitations on the ballistic missile defense systems, space capabilities, or advanced conventional weapons systems of the United States; (2) the enhanced safety, security, and reliability of the nuclear weapons stockpile, modernization of the nuclear weapons complex, and maintenance of the nuclear delivery systems are key to enabling further reductions in the nuclear forces of the United States; and (3) the President should submit budget requests for fiscal year 2011 and subsequent fiscal years for the programs of the National Nuclear Security Administration of the Depart- ment of Energy that are adequate to sustain the needed capabilities to support the long-term maintenance of the nuclear stockpile of the United States. Presid e nt.
 * and


text:
Page:United States Statutes at Large Volume 123.djvu/2570

 123STA T . 2 5 5 0PUBLIC LA W 111 –84—O CT. 28 , 200 9SEC.125 2. MAPOF M IN E R A L- RIC HZ ONES AN D AREAS U NDER T HE CONTROL OF ARMED G ROUPS IN THE DEMOCRATIC REPU B LIC OF THE CONGO. (a)INGE NE RAL.—Notl at er t h a n120d a ys a f ter the date of the ena c t m ent of th i s A ct , the S ecretary of State, in cons u ltation w ith the Secretary of D efense, should, consistent with the rec - ommendation from the U nited Nations Grou p of Ex perts on the Democratic R epu b lic of the C on g o in their December 200 8 report, wor k with other member states of the United Nations and local and international nongo v ernmental organi z ations— (1) to produce a map of mineral-rich zones and areas under the control of armed groups in the Democratic Republic of the Congo (2) to make such map available to the public; and ( 3 ) to provide to the appropriate congressional committees, in classified form if necessary, an explanatory note describing in general terms the sources of information on which the map is based, the definition of the term ‘ ‘control of armed groups ’ ’ utilized (for example, physical control of mines or forced labor of civilians, control of trade routes, and taxation or extortion of goods in transit), and the identification where possible of the armed groups or other forces in control of the mines depicted. (b) U PD A T E S .— T he Secretary of State should continue coopera- tion with the international community and sustain the intent of the report of the United Nations Group of Experts on the Democratic Republic of the Congo by assisting in the regular updating of the map re q uired by subsection (a). (c) APPR O PR I ATE CON G RESSIONAL CO M MITTEES DE F INED.—In this section, the term ‘‘appropriate congressional committees’’ means— (1) the Committee on Armed Services and the Committee on F oreign Affairs of the H ouse of Representatives; and (2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. SEC. 125 3 . SENSE OF CONGRESS RELATING TO ISRAEL. It is the sense of Congress that— (1) Israel is one of the strongest allies of the United States; (2) the United States remains vigorously committed to sup- porting Israel’s welfare, security, and survival as a democratic state; (3) Israel and the United States face common enemies; and ( 4 ) the United States should continue to provide critical security assistance needed to address existential threats. SEC. 125 4 . SENSE OF CONGRESS ON IMPOSING SANCTIONS W ITH RESPECT TO IRAN. It is the sense of Congress that— (1) the Government of Iran should— (A) seize the historic offer put forward by P resident B arack O bama to engage in direct diplomacy with the United States; (B) suspend all enrichment-related and reprocessing activities, as directed by the United Nations Security Council; and Deadlin e .


text:
Page:United States Statutes at Large Volume 123.djvu/2571

 123STA T . 2 5 51 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(C)comeint o ful l com p li a nce w it hTr eat y on N on -P roliferation of Nuclear W eapon s,d one at Washin g ton, L ondon, and M oscow J uly 1 ,1 968, and entered into force March 5 ,19 70 (commonly k nown as the ‘ ‘Nuclear Non- Proliferation Treaty ’ ’), including the additional protocol to the Treaty and ( 2 ) the President should consider the imposition of addi- tional, more restricti v e sanctions on I ran if — ( A ) the G overnment of Iran fails to enter into good faith talks which result in progress toward compliance with applica b le U nited Nations S ecurity Council resolu- tions; and ( B ) the United Nations Security Council has failed to adopt significant and meaningful additional sanctions on the Government of Iran .SEC.125 5. R E PO R TAND SENSE O F CON G RESS ON NORT HK OREA. (a) REPORT O N CON DUC TO F NORT HK ORE A .—Not later than 3 0 days after the date of the enactment of this Act, the President shall submit to Congress a detailed report e x amining the conduct of the Government of North Korea since June 26, 2008, based on all available information, to determine whether North Korea meets the statutory criteria for listing as a state sponsor of ter- rorism. The report shall— (1) present any credible evidence of support by the Govern- ment of North Korea for acts of terrorism, terrorists, or terrorist organi z ations; (2) examine what steps the Government of North Korea has taken to fulfill its June 10, 2008, pledge to prevent weapons of mass destruction from falling into the hands of terrorists; and (3) if North Korea does not meet the statutory criteria for being listed as a state sponsor of terrorism, examine whether re-listing North Korea as a state sponsor of terrorism would undermine the effectiveness of the state sponsor of terrorism designation in general and undermine United States efforts regarding existing state sponsors of terrorism. (b) SEN S EOFCON G RESS.—It is the sense of Congress that— (1) the United States should— (A) vigorously enforce United Nations Security Council Resolutions 1718 (2006) and 187 4 (2009) and other sanc- tions in place with respect to North Korea under United States law; (B) urge all member states of the United Nations to fully implement the sanctions imposed by United Nations Security Council Resolutions 1718 and 1874; and (C) explore the imposition of additional unilateral and multilateral sanctions against North Korea in furtherance of United States national security; (2) the conduct of North Korea constitutes a threat to the northeast Asian region and to international peace and security; and (3) if the United States determines that the Government of North Korea has provided assistance to terrorists or engaged in state sponsored acts of terrorism, the Secretary of State should immediately list North Korea as a state sponsor of terrorism. Presid e nt.


text:
Page:United States Statutes at Large Volume 123.djvu/2572

 123STA T . 2 5 52 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(c)STA T E S PONS O R O FT ERROR I S MD EFINE D.—Forpu rpo se so fthi s sectio n, the ter m‘ ‘st a te sponsor of terrorism ’ ’ means a countr y that has repeate dl y pro v ided support for acts of international ter - rorism for purposes of— ( 1 ) section 6 ( j ) of the Ex port A dministration Act of 1 97 9 ( 50U .S. C . App. 24 05(j)) (as continued in effect pursuant to the I nternational Emer g ency Economic P o w ers Act (50 U.S.C. 1701 et se q .)) (2) section 40 of the Arms Export Control Act (22 U.S.C. 27 8 0); or ( 3 ) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). SEC.1256 . R E PO R T O N POTENT IALM ISSILE D E F ENSE COOPERATION W IT H R U SSIA. (a) R EPORT RE QU IRED.— (1) IN G ENERA L .— N ot later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall su b mit to the congressional defense committees a report setting forth poten- tial options for cooperation among or between the United States, the North Atlantic Treaty O rgani z ation, and the Russian Fed- eration on ballistic missile defense. (2) FORM.—The report shall be submitted in unclassified form, but may include a classified annex. (b) ELEMENTS.—The report required by subsection (a) shall include the following (1) A description of proposals made by the United States, the North Atlantic Treaty Organization, or the Russian Federa- tion since J anuary 1, 2007, for potential missile defense cooperation among or between such countries and that organization, including data sharing, cooperative regional mis- sile defense architectures, joint exercises, and transparency and confidence building measures. (2) A description of options for the sharing by such coun- tries and that organization of ballistic missile surveillance or early warning data, including data from the Russian early warning radars at G abala in Azerbaijan and Armavir in southern Russia or other radars. (3) An assessment of the potential for implementation of the agreement between the United States and the Russian Federation on the establishment of a Joint Data Exchange Center. (4) An assessment of whether there is mutual interest in modifying the agreement on the establishment of the Joint Data Exchange Center to encompass other forms of cooperation. (5) An assessment of the potential for missile defense cooperation between the Russian Federation and the North Atlantic Treaty Organization, including through the NATO- Russia Council. (6) An assessment of the potential security benefits to the United States, Russia, and the North Atlantic Treaty Organization of the cooperation described in paragraph (5). (7) Such other matters as the Secretary considers appro- priate.


text:
Page:United States Statutes at Large Volume 123.djvu/2573

 123STA T . 2 5 53 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Subti t leD—VOICEAc t SEC.126 1.S HORT T I T L E. This s ubt it lemay be c ite d as the ‘ ‘ V ictims ofIr a n ian C ensorshi pA ct ’ ’or the ‘‘V O IC E Act’’ . SEC. 1262. AU THORI Z ATIO N O F A P PROPRIATIONS. ( a ) I NTER N A T IO NA LB ROA DC A S TIN G O P ERATIONS FU ND. — In addi - tion to amounts other w ise authori z ed for the Broadcastin g Board of G o v ernors’ International Broadcasting Operations Fund , there is authorized to be appropriated $15, 0 00,000 to e x pand Farsi lan- guage programming and to provide for the dissemination of accurate and independent information to the Iranian people through radio, television, Internet, cellular telephone, short message service, and other communications. (b) BROADCASTING CAPITAL I M PRO V EMENTS FUND.—In addition to amounts otherwise authorized for the Broadcasting Board of Governors’ Broadcasting Capital Improvements Fund, there is authorized to be appropriated $15,000,000 to expand transmissions of Farsi language programs to Iran. (c) U SEO F AMOUNTS.—In pursuit of the ob j ectives described in subsections (a) and (b), amounts in the International Broad- casting Operations Fund and the Capital Improvements Fund may be used to— (1) develop additional transmission capability for R adio Farda and the P ersian N ews Networ k to counter ongoing efforts to jam transmissions, including through additional shortwave and medium wave transmissions, satellite, and Internet mecha- nisms ( 2 ) develop additional proxy server capability and anti- censorship software to counter efforts to block Radio Farda and Persian News Network W eb sites; ( 3 ) develop technologies to counter efforts to block SM S text message exchange over cellular phone networks; ( 4 ) expand program coverage and analysis by Radio Farda and the Persian News Network, including the development of broadcast platforms and programs, on the television, radio and Internet, for enhanced interactivity with and among the people of Iran; (5) hire, on a permanent or short-term basis, additional staff for Radio Farda and the Persian News Network; and ( 6 ) develop additional Internet-based, Farsi-language tele- vision programming, including a Farsi-language, Internet-based news channel. SEC. 126 3 . IRANIAN ELECTRONIC E D UCATION , E X CHAN G E, AND M EDIA FUND. (a) ESTA B LIS H MENT.—There is established in the Treasury of the United States the Iranian Electronic Education, Exchange, and Media Fund (referred to in this section as the ‘‘Fund’’), consisting of amounts appropriated to the Fund pursuant to subsection (f). (b) ADMINISTRATION.—The Fund shall be administered by the Secretary of State. (c) OB J ECTIVE.—The objective of the Fund shall be to support the development of technologies, including Internet Web sites, that will aid the ability of the Iranian people to— (1) gain access to and share information; 2 2 USC6 2 04note. 22 USC 6204 note. 22 USC 620 1 note. Vic ti ms o fIra nian Censors h i pA ct.


text:
Page:United States Statutes at Large Volume 123.djvu/2574

 123STA T . 2 5 5 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(2)ex e rcis e f ree dom ofs p eec h, freedom of expressio n , a nd freedom of assem blyt hro ug h the I nternet and other electronic media ( 3 ) engage in Internet - based education programs and other exchanges bet w een A mericans and Iranians; and ( 4 ) counter efforts — (A) to bloc k , censor, and monitor the Internet; and ( B ) to disrupt or monitor cellular phone networks or SM S text exchanges . (d) USEOF A M O UNT S.—In pursuit of the ob j ecti v e described in subsection (c), amounts in the F und may be used for grants to United States or foreign universities, nonprofit organi z ations, or companies for targeted projects that advance the purpose of the Fund, including projects that— ( 1 ) develop Farsi-language versions of existing social-net- working W eb sites; (2) develop technologies, including Internet-based applica- tions, to counter efforts— (A) to block, censor, and monitor the Internet; and (B) to disrupt or monitor cellular phone networks or SMS text message exchanges; (3) develop Internet-based, distance learning programs for Iranian students at United States universities; and (4) promote Internet-based, people-to-people educational, professional, religious, or cultural exchanges and dialogues between United States citizens and Iranians. (e) TRA NSFERS.—Amounts in the Fund may be transferred to the United States Agency for International D evelopment, the Broad- casting Board of G overnors, or any other agency of the Federal Government to the extent that such amounts are used to carry out activities that will further the objective described in subsection (c). (f) AUT H OR IZ ATION OF A P PROPRIATIONS.—There is authorized to be appropriated $ 2 0 ,000,000 to the Fund. SEC.1264 . AN N U A LR E PO R T. (a) IN GENERA L .— N ot later than 9 0 days after the date of the enactment of this Act, and annually thereafter for 5 years, the P resident shall submit a report to C ongress that provides a detailed description of— (1) United States-funded international broadcasting efforts in Iran; (2) efforts by the Government of Iran to block broadcasts sponsored by the United States or other non-Iranian entities; (3) efforts by the Government of Iran to monitor or block Internet access, and gather information about individuals; (4) plans by the Broadcasting Board of Governors for the use of the amounts appropriated pursuant to section 1244, including— (A) the identification of specific programs and platforms to be expanded or created; and (B) satellite, radio, or Internet-based transmission capacity to be expanded or created; (5) plans for the use of the Iranian E lectronic Education, Exchange, and Media Fund; Presid e nt.I r a n.


text:
Page:United States Statutes at Large Volume 123.djvu/2575

 123STA T . 2 5 55 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(6)adet a il ed br ea k d own o f a m o u nt s obli g ated and dis - bursed from t h e I ranian E le c tronic M edia F und and an assess- ment of the im p act of such amounts ( 7 ) the percentage of the Iranian population and of Iranian territor y reached by shortwa v e and medium-wave radio broad- casts by R adio Farda and V oice of A merica and any other relevant demographic information that can be ascertained about the audience for such broadcasts; ( 8 ) the Internet traffic from Iran to Radio Farda and Voice of America W eb sites; and ( 9 ) the Internet traffic to pro x y servers sponsored by the B roadcasting Board of G overnors , and the provisioning of surge capacity . (b) CLAS S IF I ED A N NE X . —T he report submitted under subsection (a) may include a classified annex. SEC.1265 . R E PO R T O NA CT I ONS BY NON - IRANIAN CO M PANIES. (a) RE PORT .— N ot later than 1 8 0 days after the date of the enactment of this Act, the P resident shall submit to Congress a report on non-Iranian persons, including corporations with U nited S tates subsidiaries, that, after the date of the enactment of this Act, have knowingly or negligently provided hardware, software, or other forms of assistance to the Government of Iran that has furthered Iran ’ s efforts to— (1) filter online political content; ( 2 ) disrupt cell phone and Internet communications; and ( 3 ) monitor the online activities of Iranian citi z ens. (b) FOR M .—The report re q uired under subsection (a) shall be submitted in unclassified form, but may include a classified annex if necessary. SEC. 1266. HU MAN RI G HTS D OCUMENTATION. There are authorized to be appropriated $5 ,000,000 to the Secretary of State to document, collect, and disseminate information about human rights in Iran, including abuses of human rights that have taken place since the Iranian presidential election con- ducted on J une 12, 2009. TI T LEX III —CO O P E RA TI V ET H REAT RE DU CTIO NSec.130 1.S p ec if ic at i on of C oope r ati v e Th reat R e du ction pro g ra ms and funds. Sec. 130 2 . F unding a l locations. Sec. 1303. U tili z ation of contri b utions to the Cooperative Threat Reduction P ro - gram. Sec. 130 4 . M etrics for the Cooperative Threat Reduction Program. Sec. 130 5 . Cooperative Threat Reduction Program authorit y for urgent threat re- duction activities. Sec. 130 6 . Cooperative Threat Reduction D efense and Military Contacts Program. SEC. 1 30 1. SPECI F ICATION OF COOPERATI V E THREAT REDUCTION PROGRAMS AND FUNDS. (a) SPE C IFICATION OF COOPERATI V ET H REAT RED U CTION PRO- G RAMS.—For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501 of the National D efense Authorization Act for Fiscal Y ear 1997 (50 U.S.C. 2362 note). 2 2 USC5964note.Pr e sid ent.


text:
Page:United States Statutes at Large Volume 123.djvu/2576

 123STA T . 2 5 5 6PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(b)FISCALYE A R201 0 CO O P ERA T I V E TH REAT R E DU CTIO N FUNDS D E F INED .—Asu s edinth is tit l e , the te rm‘ ‘ f is ca l y ear 2010 C o o p era - ti v e Threat Reduction funds ’ ’ means the funds appropriated pursu- ant to the authori z ation of appropriations in section 3 01 for Cooperative Threat Reduction pro g rams. (c) AVAILA B ILIT Y OF FUNDS.—Funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs shall be available for obligation for fiscal years 2010, 2011, and 2012. SEC.1302 . FUNDI N GAL L O CA T IONS. (a) FUNDIN G FOR S PECIFIC P URPOSES.— O f the $4 24,0 9 3,000 authorized to be appropriated to the Department of Defense for fiscal year 2010 in section 301(20) for Cooperative Threat Reduction programs, the follo w ing amounts may be obligated for the purposes specified (1) For strategic offensive arms elimination in Russia, $ 6 6,3 85 ,000. (2) For strategic nuclear arms elimination in Uk raine, $6,800,000. (3) For nuclear weapons storage security in Russia, $15,090,000. (4) For nuclear weapons transportation security in Russia, $46,400,000. (5) For weapons of mass destruction proliferation preven- tion in the states of the former Soviet Union, $90,886,000. (6) For biological threat reduction in the former Soviet Union, $152,132,000. ( 7 ) For chemical weapons destruction, $3,000,000. (8) For defense and military contacts, $5,000,000. (9) For new Cooperative Threat Reduction initiatives, $17,000,000. (10) For activities designated as Other Assessments / Administrative Costs, $21,400,000. (b) REPORT ON OBLIGATION OR EX PENDITURE OF FUNDS FOR OTHER PURPOSES.— N o fiscal year 2010 Cooperative Threat Reduc- tion funds may be obligated or e x pended for a purpose other than a purpose listed in paragraphs (1) through (10) of subsection (a) until 15 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2010 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law. (c) L I M ITED AUTHORITY TO V ARY I NDIVIDUAL AMOUNTS.— (1) IN GENERAL.—Sub j ect to paragraph (2), in any case in which the Secretary of Defense determines that it is nec- essary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2010 for a purpose listed in paragraphs (1) through (10) of subsection (a) in excess of the specific amount authorized for that purpose. (2) NOTICE-AND- W AIT RE Q UIRED.—An obligation of funds for a purpose stated in paragraphs (1) through (10) of subsection (a) in excess of the specific amount authorized for such purpose


text:
Page:United States Statutes at Large Volume 123.djvu/2577

 123STA T . 2 5 5 7PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9maybe ma d e usingth e auth or ity p ro v ided in paragraph (1) on l ya f ter — ( A ) the S e c retary submits to C ongress notification of the intent to do so together w ith a complete discussion of the j ustification for doing so and ( B )1 5 days have elapsed following the date of the notification .SEC.130 3. UTIL I ZA TI ON O F CONT R I B UTIONS TO T H E COO P ERATI V E THREAT RE D UCTION PRO G RA M . (a) INGE NE RAL .— T he Secretary of D efense , with the concur - rence of the Secretary of State, may enter into one or more agree- ments with any person (including a foreign government, inter- national organi z ation, multinational entity, or any other entity) that the Secretary of Defense considers appropriate under which the person contributes funds for activities conducted under the Cooperative Threat R eduction P rogram of the Department of Defense. (b) RE T ENT IO NAN DUS EO F A M O U NTS.— N otwithstanding section 3 3 02 of title 31, United States Code, and subject to subsections (c) and (d), the Secretary of Defense may retain and obligate or e x pend amounts contributed pursuant to subsection (a) for purposes of the Cooperative Threat Reduction Program of the Department of Defense. Amounts so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available to be obligated or expended without further appropriation. (c) RETURN OF AMOUNTS NOT OB LI G ATED OR EXP ENDED W IT H IN THREE Y EARS.—If the Secretary of Defense does not obligate or expend an amount contributed pursuant to subsection (a) by the date that is three years after the date on which the contribution was made, the Secretary shall return the amount to the person who made the contribution. (d) NOTI C E TO CONGRESSIONAL DEFENSE COMMITTEES.— (1) IN GENERAL.—Not later than 30 days after receiving an amount contributed pursuant to subsection (a), the Secretary shall submit to the appropriate congressional committees a notice— (A) specifying the value of the contribution and the purpose for which the contribution was made; and (B) identifying the person who made the contribution. (2) L IMITATION ON USE OF AMOUNTS.—The Secretary may not obligate or expend an amount contributed pursuant to subsection (a) until the date that is 15 days after the date on which the Secretary submits the notice re q uired by para- graph (1). (e) ANNUAL REPORT.—Not later than October 31 each year, the Secretary of Defense shall submit to the appropriate congres- sional committees a report on amounts contributed pursuant to subsection (a) during the preceding fiscal year. Each such report shall include, for the fiscal year covered by the report, the following (1) A statement of any amounts contributed pursuant to subsection (a), including, for each such amount, the value of the contribution and the identity of the person who made the contribution. (2) A statement of any amounts so contributed that were obligated or expended by the Secretary, including, for each Timep e r i od.2 2 USC59 52 n o t e.


text:
Page:United States Statutes at Large Volume 123.djvu/2578

 123STA T . 2 5 5 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9suchamo u nt, th ep u r poses f or w h i ch the amount was o bl i g ate d ore x pended .(3)A statement of an y amounts so contributed that were retained but not obligated or expended, including, for each such amount, the purposes (if k nown) for which the S ecretary intends to obligate or expend the amount. (f) IMPLE ME NTA T IO N P LAN. —T he Secretary of D efense shall submit to the appropriate congressional committees an implementa - tion plan for the authority pro v ided under this section prior to obligating or expending any amounts contributed pursuant to sub- section (a). The Secretary shall submit updates to such plan as needed. (g) TE R MINATION.—The authority provided under this section shall terminate on December 3 1, 20 1 5 . (h) APPROPRIATE C ON G RE S SIONAL COMMITTEES DE F INE D .—In this section, the term ‘ ‘appropriate congressional committees ’ ’ means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on F oreign Affairs of the H ouse of R epresentatives and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate. SEC.1304 . M E TRI CS FO RT H E COO P ER A TI V E THREAT RE DU CTIO N PRO -G RAM. (a) M ETRI C SRE QU IRED.—The Secretary of Defense shall develop and implement metrics to measure the impact and effectiveness of activities of the Cooperative Threat Reduction Program of the Department of Defense to address threats arising from the prolifera- tion of chemical, nuclear, and biological weapons and weapons- related materials, technologies, and expertise. (b) SECRETAR Y OF DEFENSE REPORT ON METRICS.— N ot later than 2 7 0 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report describing the metrics developed and imple- mented under subsection (a). (c) NATIONAL ACADEMY OF SCIENCES ASSESSMENT AND REPORT ON METRICS.— (1) ASSESSMENT.—Not later than 30 days after the date on which the report is submitted by the Secretary of Defense under subsection (b), the Secretary shall enter into an arrange- ment with the National Academy of Sciences under which the Academy shall carry out an assessment to review the metrics developed and implemented under subsection (a) and identify possible additional or alternative metrics, if necessary. (2) REPORT.—The National Academy of Sciences shall submit to the appropriate congressional committees and the Secretary of Defense a report on the results of the assessment carried out under paragraph (1). (3) SECRETARY OF DEFENSE REPORT.— (A) Not later than 9 0 days after receipt of the report re q uired by paragraph (2), the Secretary shall submit to the appropriate congressional committees a report on the assessment carried out by the National Academy of Sciences. 2 2 USC5964.


text:
Page:United States Statutes at Large Volume 123.djvu/2579

 123STA T . 2 5 5 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (B)Ther e po r tund er s u b p a ra g raph ( A ) sha l l i n c lude the f ollo w ing (i)Asu m mar y of the results of the assessment carried out under paragraph ( 1 ) . (ii) An e v aluation by the S ecretary of the assess - ment. (iii) A statement of the actions , if any, to be under- ta k en by the Secretary to implement any recommenda- tions in the assessment. ( C ) The report under subparagraph (A) shall be sub- mitted in unclassified form, but may include a classified anne x . (d) FUNDI N G . —O f the amounts appropriated pursuant to the authori z ation of appropriations in section 30 1( 2 0) or otherwise made available for Cooperative Threat R eduction P rograms for fiscal year 2010, not more than $ 1,000,000 may be obligated or expended to carry out paragraphs (1) and (2) of subsection (c). (e) A P P RO PRI ATE CONGRE S SIONA L CO M MITTEES D E F INED.— I n this section, the term ‘ ‘appropriate congressional committees ’ ’ means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the H ouse of Representatives and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate. SEC.1305 .C O O P E RATIV ET H REAT RE DU CTIO N PRO G RA M AUTHORIT YF OR URGENT THREAT REDUCTION ACTIVITIES. (a) IN G ENERAL.—Sub j ect to the notification re q uirement under subsection (b), not more than 10 percent of the total amounts appropriated or otherwise made available in any fiscal year for the Cooperative Threat Reduction Program of the Department of Defense may be expended, notwithstanding any other law, for activi- ties described under subsection (b)(1)(B). (b) DETERMINATION AND N OTI C E.— (1) DETERMINATION.—The Secretary of Defense, with the concurrence of the Secretary of State and the Secretary of E nergy, may make a written determination that— (A) threats arising from the proliferation of chemical, nuclear, and biological weapons or weapons-related mate- rials, technologies, and expertise must be addressed urgently; (B) certain provisions of law would unnecessarily impede the Secretary’s ability to carry out activities of the Cooperative Threat Reduction Program of the Depart- ment of Defense to address such threats; and (C) it is necessary to expend amounts described in subsection (a) to carry out such activities. (2) NOTICE RE Q UIRED.—Not later than 1 5 days before obli- gating or expending funds under the authority provided in subsection (a), the Secretary of Defense shall notify the appro- priate congressional committees of the determination made under paragraph (1). The notice shall include— (A) the determination; (B) the activities to be undertaken by the Cooperative Threat Reduction Program; Deadlin e .2 2 USC596 5.


text:
Page:United States Statutes at Large Volume 123.djvu/2580

 123STA T . 2 560PUBLIC LA W 111 –84—O CT. 28 , 200 9(C)the e xp e c te d t im e fra mef o r su ch acti v ities a n d ( D ) the expected costs of such activities . (c) AP P RO PR IATE CO NG RE S SIONA L CO M MITTEES. —I n this section , the term ‘ ‘appropriate con g ressiona l committees ’ ’ means— ( 1 ) the Committee on F oreign Affairs, the Committee on Armed S ervices, and the Committee on Appropriations of the H ouse of R epresentatives; and ( 2 ) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate. SEC.1306 .C O O P E RATIV ET H REAT RE DU CTIO N DE F ENSE AND M I L I - TAR Y CONTACTS PRO G RAM. (a) IN G ENERAL.— T he Secretar y of Defense shall ensure that the Defense and M ilitary Contacts P rogram under the Cooperative Threat Reduction Program of the Department of Defense— (1) is executed pursuant to a w ell - developed strategy for advancing the mission of the Cooperative Threat Reduction Program; (2) is focused and expanded to support specific relationship- b uilding opportunities, which could lead to Cooperative Threat Reduction Program development in new geographic areas and achieve other Cooperative Threat Reduction Program benefits; ( 3 ) is directly administered as part of the Cooperative Threat Reduction Program; and ( 4 ) includes cooperation and coordination with— (A) the unified combatant commands that operate in areas in which Cooperative Threat Reduction activities are carried out; and ( B ) related diplomatic efforts. (b) COOPERATI V ET H REAT RE DUC TION ANNUAL REPORT.—Para- graph ( 8 ) of section 13 0 8(c) of the Floyd D. Spence N ational Defense Authori z ation Act for fiscal year 2001 (as enacted into law by Public L aw 10 6– 3 9 8; 114 Stat. 16 5 4A–341; 22 U .S.C. 5959) is amended— (1) by inserting ‘‘, including under the Defense and Military Contacts program,’’ after ‘‘programs’’; and (2) in subparagraph (B), by stri k ing ‘‘the purposes’’ and inserting ‘‘the strategy’’. TI T LEX I V—O T H E RAU THORI Z ATIO NSSubti t leA—M ilit aryP r og ra ms Se c.140 1. W or k i n gca p ital f un d s. Sec. 140 2 . N ational D efense Sealift F und. Sec. 140 3 . Ch emical agents and munitions destruction , defense. Sec. 1404. Drug I nterdiction and Counter - Drug Acti v ities, Defense- w ide. Sec. 140 5 . Defense Inspector G eneral. Sec. 140 6 . Defense H ealth Program. Sec. 140 7 . R elation to funding table. Subtitle B —National Defense Stockpile Sec. 1411. Authori z ed uses of National Defense Stockpile funds. Sec. 1412. Ex tension of previously authorized disposal of cobalt from National De- fense Stockpile. Sec. 1413. Report on implementation of reconfiguration of the National Defense Stockpile. Subtitle C—Armed Forces Retirement Home Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 2 2 USC59 52 note.


text:
Page:United States Statutes at Large Volume 123.djvu/2581

 123STA T . 2 56 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Subti t leA—M ilit aryP r og ra msSEC.140 1. WORKING C AP I T A LFU N D S. Fundsareh ere by au t h o r iz edtobea p propriated f or fis c a l year 201 0fortheuseofthe A r m ed Forces and other acti v ities and a g encies of the D epartment of Defense for providing capital for w or k ing capital and revolving funds in amounts as follows

1 ) For the Defense W orking C apital Funds ,$ 1 4 1, 38 8,00 . (2) For the Defense Working Capital Fund, Defense Com - missary, $1,313, 6 16,000. SEC. 140 2 . NATIONAL DEFENSE SEALIFT FUND. Funds are hereby authorized to be appropriated for the fiscal year 2010 for the N ational Defense S ealift Fund in the amount of $1,642, 75 8,000. SEC. 140 3 . C H E M ICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. (a) A UTHORIZA TIO N O F A P PROPRIATION S . — Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for e x penses, not otherwise provided for, for Chem- ical Agents and M unitions Destruction, Defense, in the amount of $1,560,760,000, of which— (1) $1,146,802,000 is for O peration and Maintenance (2) $401,26 9 ,000 is for R esearch, Development, T est, and E valuation; and (3) $12,689,000 is for P rocurement. (b) U S E .—Amounts authorized to be appropriated under sub- section (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. SEC. 1404. DRUG INTERDICTION AND COUNTER - DRUG ACTI V ITIES, DEFENSE-WIDE. Funds are hereby authorized to be appropriated for the Depart- ment of Defense for fiscal year 2010 for expenses, not otherwise provided for, for Drug I nterdiction and Counter-Drug Activities, Defense-wide, in the amount of $1,054,234,000. SEC. 140 5 . DEFENSE INSPECTOR GENERAL. Funds are hereby authorized to be appropriated for the Depart- ment of Defense for fiscal year 2010 for expenses, not otherwise provided for, for the Office of the Inspector G eneral of the Depart- ment of Defense, in the amount of $288,100,000, of which— (1) $287,100,000 is for Operation and Maintenance; and (2) $1,000,000 is for Procurement. SEC. 140 6 . DEFENSE HEALTH PROGRAM. Funds are hereby authorized to be appropriated for the Depart- ment of Defense for fiscal year 2010 for expenses, not otherwise provided for, for the Defense H ealth Program, in the amount of $28,033,093,000, of which— (1) $27,094,849,000 is for Operation and Maintenance;


text:
Page:United States Statutes at Large Volume 123.djvu/2582

 123STA T . 2 56 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(2)$61 6, 1 0 2,000 isforRe se a r ch , D e v e l o pm e nt , T est, an dE val u ation and ( 3 ) $322,1 4 2,000 is for P rocurement .SEC.1407 . R E LATION TO FU N D IN G TA B LE. The amounts authori z ed to b e appropriated b y sections 1401, 1402, 1403, 1404, 140 5, and 1406 shall be available, in accordance w ith the re q uirements of section 4001, for pro j ects, pro g rams, and activities, and in the amounts, specified in the funding table in section 4401. Subti t leB—Na ti on al D e f en s e Sto ckp ile SEC. 1411. AUT H ORI Z ED USES OF NATIONAL DEFENSE STOC KP ILE FUNDS. (a) OBLIGAT I ON O FS TO CKP IL EFU N DS . — During fiscal year 2010, the N ational Defense Stoc k pile M anager may obligate up to $41,1 79 ,000 of the funds in the National Defense Stockpile Trans - action Fund established under subsection (a) of section 9 of the Strategic and C ritical Materials Stock Piling A ct (50 U .S.C. 9 8 h) for the authorized uses of such funds under subsection (b)(2) of such section, including the disposal of hazardous materials that are environmentally sensitive. (b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile Manager may obligate amounts in e x cess of the amount specified in subsection (a) if the National Defense Stockpile Manager notifies Congress that extraordinary or emergency conditions necessitate the additional obligations. The National Defense Stockpile Manager may make the additional obligations described in the notification after the end of the 45-day period beginning on the date on which Congress receives the notification. (c) L I M ITATIONS.—The authorities provided by this section shall be subject to such limitations as may be provided in appropriations Acts. SEC. 141 2 . E X TENSION OF PRE V IOUSL Y AUTHORIZED DISPOSAL OF COBALT FRO M NATIONAL DEFENSE STOCKPILE. Section 3305(a)(5) of the National Defense Authorization Act for Fiscal Y ear 1998 (Public Law 105 – 85; 50 U.S.C. 98d note), as most recently amended by section 1412(b) of the Duncan H unter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4648), is further amended by striking ‘ ‘during fiscal year 2009 ’ ’ and inserting ‘‘by the end of fiscal year 2011’’. SEC. 141 3 . REPORT ON IMPLEMENTATION OF RECONFIGURATION OF THE NATIONAL DEFENSE STOCKPILE. (a) REPO R TRE Q UIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on any actions the Secretary plans to take in response to the recommendations contained in the report entitled ‘‘Reconfiguration of the National Defense Stockpile Report to Congress’’ dated April 2009 and submitted by the Under Sec- retary of Defense for Acquisition, Logistics, and Technology, as required by House Report 109–89, House Report 109–452, and Senate Report 110–115. Timep e r i od.


text:
Page:United States Statutes at Large Volume 123.djvu/2583

 123STA T . 2 56 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(b)CONTE NT S O FR E P O R T .—Ther e po r t re qui re d b ys ubse c tio n ( a ) sha l l include the S ecretary ’ s reco m mendations f or chan g es , based on the findings of the A pril 20 0 9 report, to statutes, regulations, and policies, w hich the Secretary determines are necessary to enable the implementation of the recommendations contained in the April 2009 report or to impro v e F ederal G overnment management of the N ational D efense Stoc k pile in the interest of the National Security Strategy. (c) CON G RESS I ON AL NOTIFI C ATION.—The Secretary may not take any action regarding the implementation of any initiative rec - ommended in the report required by subsection (a) until 45 days after the Secretary submits to the Committees on Armed Services of the Senate and H ouse of Representatives such report. Subti t leC—Arm e dFo r c e sR etireme n t H ome SEC.142 1. AUTHORIZ ATIO N O F A P PROPRIATIONS FOR AR M E D FORCES RETIREMENT HOME. There is authori z ed to be appropriated for fiscal year 20 1 0 from the Armed Forces Retirement Home Trust Fund the sum of $ 1 3 4,000,000 for the operation of the Armed Forces Retirement Home. TI T LEXV —A U TH O RI Z ATIO N OFA D DI - TIONAL A P PROPRIATIONS FOR OVER- SEAS CONTIN G ENC Y OPERATIONS Sec.150 1. Purpos e. Sec. 150 2 . A r my procureme nt . Sec. 150 3 . J o i nt I mpro v ise dEx p l osive D evice De f e a t F und. Sec. 150 4 . N avy and M arine C orps procurement. Sec. 1505. Air Force procurement. Sec. 150 6 . Mine R esistant Am b us h Protected V ehicle Fund. Sec. 150 7 . Defense -w ide activities procurement. Sec. 150 8 . Research , development, test, and evaluation. Sec. 150 9 . O peration and maintenance. Sec. 1510. L imitations on availability of funds in Af g hanistan Security Forces Fund. Sec. 1511. Limitations on Ira q Security Forces Fund. Sec. 1512. Military personnel. Sec. 1513. W or k ing capital funds. Sec. 1514. Defense H ealth Program. Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1516. Defense Inspector G eneral. Sec. 1517. Relation to funding tables. Sec. 1518. Continuation of prohibition on use of U nited States funds for certain fa- cilities pro j ects in Iraq. Sec. 1519. T reatment as additional authori z ations. Sec. 1520. Special transfer authority. SEC. 1 50 1. PURPOSE. The purpose of this title is to authorize appropriations for the Department of Defense for fiscal year 2010 to provide additional funds for overseas contingency operations being carried out by the Armed Forces. SEC. 1502. ARM Y PROCUREMENT. Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement accounts of the Army in amounts as follows


text:
Page:United States Statutes at Large Volume 123.djvu/2584

 123STA T . 2 564PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(1)Forai r c ra ftp roc u r em e n t ,$ 1, 63 6, 2 2 9, 0 00 . (2) For mi s si l e procurement, $ 48 1, 57 0,000. (3) For w eapons an d trac k ed com b at v e h icles procurement, $759,466,000. (4) For ammunition procurement, $370,635,000. (5) For other procurement, $5,600,326,000. SEC.1503 . JOINT I MPR O V ISE D E X P L OSIVE DEVICE DE F E A TF U ND. (a) AUTHORIZA TIO N O F A P PROPRIATION S . — Funds are hereb y authori z ed to be appropriated for fiscal year 2010 for the J oint I mprovised Ex plosive D evice Defeat Fund in the amount of $2,099,850,000. (b) U S E AN DT RANSFER OF FUNDS.— S ubsections (b) and (c) of section 1514 of the John W arner N ational Defense Authorization Act for Fiscal Y ear 2007 ( P ublic L aw 109 – 364 120 Stat. 2439), as amended by section 1503 of the Duncan H unter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4649), shall apply to the funds appropriated pursuant to the authorization of appropriations in subsection (a) and made available to the Department of Defense for the Joint Improvised Explosive Device Defeat Fund. (c) M ONTH LYOB LI G ATIONS AND E X PENDITURE R EPORTS.—Not later than 15 days after the end of each month of fiscal year 2010, the Secretary of Defense shall provide to the con g ressional defense committees a report on the Joint Improvised Explosive Device Defeat Fund explaining monthly commitments, obligations, and expenditures by line of action. (d) REPEAL OF SUPERSEDED REPORTING RE Q UIRE M ENT.—Section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), as amended by section 1503(e) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4650), is amended by striking subsection (e). SEC. 150 4 . NAV Y AND MARINE CORPS PROCUREMENT. Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement accounts of the Navy and Marine C orps in amounts as follows (1) For aircraft procurement, Navy, $903,197,000. (2) For weapons procurement, Navy, $50,700,000. (3) For ammunition procurement, Navy and Marine Corps, $681,957,000. (4) For other procurement, Navy, $293,018,000. (5) For procurement, Marine Corps, $1,060,268,000. SEC. 1505. AIR FORCE PROCUREMENT. Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement accounts of the Air Force in amounts as follows: (1) For aircraft procurement, $780,441,000. (2) For ammunition procurement, $256,819,000. (3) For missile procurement, $36,625,000. (4) For other procurement, $2,321,549,000. SEC. 150 6 . MINE RESISTANT AM B US H PROTECTED VEHICLE FUND. Funds are hereby authorized to be appropriated for fiscal year 2010 for the Mine Resistant Ambush Protected V ehicle Fund in the amount of $6,056,000,000. Ap p licab ili ty.


text:
Page:United States Statutes at Large Volume 123.djvu/2585

 123STA T . 2 56 5 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.1507 . D E F E N SE -WI DE A C T I V ITIES PRO C U RE M ENT. Fundsareh ere by au t h o r iz edtobea p propriated f or fis c a l year 201 0 for the procure m ent account for D efense -w ide acti v ities in the amount of $489, 980,000 . SEC. 150 8 . RESEARC H, DEVE L OPMENT, TEST, AND EVALUATION. Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Department of Defense for research, develop- ment, test, and evaluation as follows

1 ) For the A rmy, $ 57 ,9 6 2,000. (2) For the N avy, $90,180,000. ( 3 ) For the Air Force, $29,286,000. (4) For Defense-wide activities, $115,826,000. SEC. 150 9 . OPERATION AND MAINTENANCE. Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Armed Forces for e x penses, not otherwise provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $52,166,761,000. (2) For the Navy, $6,219,583,000. (3) For the M arine C orps, $3,701,600,000. (4) For the Air Force, $10,026,868,000. (5) For Defense-wide activities, $7,583,400,000. (6) For the Army R eserve, $204,326,000. (7) For the Navy Reserve, $68,059,000. (8) For the Marine Corps Reserve, $86,667,000. (9) For the Air Force Reserve, $125,925,000. (10) For the Army National G uard, $321,646,000. (11) For the Air National Guard, $289,862,000. (12) For the Af g hanistan S ecurity Forces Fund, $7,462,769,000. SEC. 1510. LIMITATIONS ON AVAILA B ILIT Y OF FUNDS IN AF G HANISTAN SECURITY FORCES FUND. Funds appropriated pursuant to the authorization of appropria- tions for the Afghanistan Security Forces Fund in section 1509(12) shall be sub j ect to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Y ear 2008 ( P ublic L aw 110 – 181 122 Stat. 428). SEC. 1511. LIMITATIONS ON IRA Q SECURITY FORCES FUND. Funds made available to the Department of Defense for the I ra q Security Forces Fund for fiscal year 2010 shall be subject to the conditions contained in subsections (b) through (g) of section 1512 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 426). SEC. 151 2 . MILITARY PERSONNEL. Funds are hereby authorized to be appropriated for fiscal year 2010 to the Department of Defense for military personnel accounts in the total amount of $14,146,341,000. SEC. 151 3 . WOR K ING CAPITAL FUNDS. Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for wor k ing capital and revolving funds in the amount of $396,915,000.


text:
Page:United States Statutes at Large Volume 123.djvu/2586

 123STA T . 2 56 6 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.15 1 4 . D E F E N SE H E ALT H PROG RA M . Fundsareh ere by au t h o r iz edtobea p propriated f or the D epart -m ent of Defense for fis c a l year 201 0fore x penses , not other w ise pro v ided for, for the Defense H ealth P ro g ram in the amount of $ 1,2 56 ,6 7 5,000 for operation and maintenance . SEC. 1515. DR U G I NTERDICTION AND COUNTER - DRUG ACTI V ITIES , DEFENSE- W IDE. Funds are hereby authorized to be appropriated for the Depart- ment of Defense for fiscal year 2010 for expenses, not otherwise provided for, for Drug I nterdiction and C ounter-Drug A ctivities, Defense-wide in the amount of $ 3 56,603,000. SEC. 151 6 . DEFENSE INSPECTOR GENERAL. Funds are hereby authorized to be appropriated for the Depart- ment of Defense for fiscal year 2010 for expenses, not otherwise provided for, for the O ffice of the Inspector G eneral of the Depart- ment of Defense in the amount of $ 8 ,876,000. SEC. 151 7 . RELATION TO FUNDING TA B LES. ( a ) A MOUNTSF O R PRO C UR E MENT. —T he amounts authorized to be appropriated by sections 1502, 1503, 150 4, 1505, 1506, and 1507 shall be available, in accordance with the re q uirements of section 4001, for pro j ects, programs, and activities, and in the amounts, specified in the funding table in section 4102. (b) AMOUNTS FOR R ESE A RC H ,DE V E L O P MENT, TEST, AN DE VALUA- T I ON.—The amounts authorized to be appropriated by section 1508 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4202. (c) AMOUNTS FOR OPERATION AND M AINTENANCE.—The amounts authorized to be appropriated by section 150 9 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4302. (d) OTHER AMOUNTS.—The amounts authorized to be appro- priated by sections 1513, 1514, 1515, and 1516 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4402. SEC. 151 8 . CONTINUATION OF PROHIBITION ON USE OF UNITED STATES FUNDS FOR CERTAIN FACILITIES PRO J ECTS IN IRA Q . S ection 1508(a) of the Duncan Hunter N ational Defense Authorization Act for Fiscal Y ear 2009 (Public L aw 110 – 417 122 Stat. 4651) shall apply to funds authorized to be appropriated by this title. SEC. 151 9 . TREATMENT AS ADDITIONAL AUTHORI Z ATIONS. The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act. SEC. 15 20 . SPECIAL TRANSFER AUTHORIT Y . (a) AUTHORIT Y TO TRANSFER AUTHORI Z ATIONS.— (1) AUTHORITY.— U pon determination by the Secretary of Defense that such action is necessary in the national interest, Det e rmina ti o n .Ap p l i c a b ilit y .


text:
Page:United States Statutes at Large Volume 123.djvu/2587

 123STA T . 2 567PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9theS e cr et a r ym ay tra nsf er am ou nts of author iz ations ma d e a v ai l a b le to the D e p artment of Defense in this title for fiscal year 201 0 bet w een any such authorizations for that fiscal year ( or any subdivisions thereof ).A mounts of authorizations so transferred shall be mer g ed with and be available for the same purposes as the authorization to which transferred. (2) LIM I TA TI ON . —T he total amount of authorizations that the Secretary may transfer under the authority of this section may not e x ceed $4, 000,000,000. (b) T ER M S AN DC ONDITIONS.—Transfers under this section shall be sub j ect to the same terms and conditions as transfers under section 1001. (c) ADDITIONA L A U T H ORIT Y .—The transfer authority provided by this section is in addition to the transfer authority provided under section 1001. TI T LEXV II —D E PAR T M E N T OF DE - FEN S E – DEPARTMENT OF VETERANS AFFAIRS MEDI C AL FACILIT Y DEM- ONSTRATION PRO J ECT Sec.170 1. D e monstra t i on p ro j ect a u t h orit y . Sec. 170 2 . T rans f er of property. Sec. 170 3 . Transfer of ci v i l ian personnel of the Department of Defense. Sec. 170 4 . J oint fun d in g authority. Sec. 170 5 . E ligi b ility of members of the uniformed services for care and services. Sec. 170 6 . E x tension of D O D –VAH ealth C are Sharing I ncentive F und. SEC.170 1. D E MON S TRA T I ON P RO J ECT A U T H ORIT Y . (a) EX E C UTI V EA G REEMENT AUTHORI Z ED.—Subject to subsection (b), the Secretary of Defense, in consultation with the Secretary of the N avy, and the Secretary of V eterans Affairs may execute a signed executive agreement pursuant to section 7 0 6 of the Duncan H unter National Defense Authorization Act for F iscal Y ear 200 9 ( P ublic Law 110 – 417 122 Stat. 4 5 5) for the joint use by the Depart - ment of Defense and the Department of Veterans Affairs of the following (1) A new Navy ambulatory care center (on which construc- tion commenced in J uly 200 8 ), par k ing structure, and sup- porting structures and facilities in North Chicago, I llinois, and G reat Lakes, Illinois. (2) M edical personal property and e q uipment relating to the center, structures, and facilities described in paragraph (1). (b) DEADLINE F OR ENTRY INTO AGREEMENT.—The executive agreement authorized by subsection (a) shall be entered into, if at all, by not later than 180 days after the date of the enactment of this Act. (c) SCO P E.—The executive agreement under subsection (a) shall— (1) be a binding operational agreement on matters under the areas specified in section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009; and (2) contain additional terms and conditions as required by the provisions of this title. (d) R EPORTS.—


text:
Page:United States Statutes at Large Volume 123.djvu/2588

 123STA T . 2 568PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(1)NOTICE O NAGR EE M ENT .— N otla t er t h a ns e v en d a y s b e f ore e x e cu t i n g an executive agree m ent under subsection (a) , the S ecretary of D efense and the Secretary of V eterans A ffairs shall j ointly submit to the a p propriate committees of C ongress a report setting forth a copy of the proposed executive agree - ment. ( 2 ) F INA L RE P ORT.—Not later than 1 80 days after the fifth anniversary of the date of the execution of the executive agree- ment under subsection (a), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appro- priate committees of Congress a report on the exercise of the authorities in this title at the facility (as defined in section 1 7 02(a)(1)). T he report shall include the follo w ing (A) A comprehensive description and assessment of the exercise of the authorities in this title. ( B ) The recommendation of the Secretaries as to whether the exercise of the authorities in this title should continue. ( 3 ) R EPORT ON A D DITIONAL LOCATION SF OR SIMILAR AGREE- MENTS.—Not later than 9 0 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate commit- tees of Congress a report setting forth such recommendations as the Secretaries jointly consider appropriate for additional locations, if any, at which executive agreements li k e the execu- tive agreement under subsection (a) would be advisable. (e) COMPTROLLER G ENERAL RE V IE W S.— (1) I N GENERAL.—Not later than one year after the execu- tion of an executive agreement under subsection (a), and annually thereafter, the Comptroller General shall conduct a review and assessment of the following: (A) The progress made in implementing the agreement. (B) The effects of the agreement on the provision of care and operation of the facility (as so defined). (2) REPORTS.—Not later than 90 days after the commence- ment of each review and assessment conducted under para- graph (1), the Comptroller General shall submit to the appro- priate committees of Congress a report on such review and assessment. E ach report shall set forth the following: (A) The results of such review and assessment. (B) Such recommendations for modifications of the executive agreement, or the authorities in this title, as the Comptroller General considers appropriate in light of the results of such review and assessment. (f) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this section, the term ‘ ‘appropriate committees of Congress ’ ’ means— (1) the Committees on Armed Services and Veterans’ Affairs of the Senate and (2) the Committees on Armed Services and Veterans’ Affairs of the H ouse of Representatives. SEC.1702 . TRAN S F ER O F P ROPERT Y . (a) TRANSFER.— (1) TRANSFER A U T H ORI Z ED.—The Secretary of Defense, acting through the Administrator of General Services, may transfer, without reimbursement, to the Secretary of Veterans Deadlin e s.


text:
Page:United States Statutes at Large Volume 123.djvu/2589

 123STA T . 2 569PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Af f airsju ris d i ct i on, custod y , and contro l o ve rt h e center, struc - tures, facilities, and p roperty and e q uip m ent covered b y the e x ecutive a g reement under section 170 1 ( hereafter in this title referred to as the ‘ ‘facility ’ ’ ). ( 2 ) DATEOF T R A NS FER. —T he transfer authori z ed by para- graph (1) may not occur before the earlier of— (A) the date that is five years after the date of the execution under section 1701 of the executive agreement under that section or ( B ) the date of the completion of such specific bench- mar k s relating to the joint use by the Department of Defense and the Department of V eterans Affairs of the N avy ambulatory care center described in section 1701(a)(1) as the S ecretary of Defense (in consultation w ith the Sec- retary of the Navy) and Secretary of the Department of Veterans Affairs shall jointly establish for purposes of this section not later than 1 8 0 days after the date of the enact- ment of this Act. ( 3 )DE L A Y OF TRANSFER FOR C O MP LET I ON OF CONSTR U C- TION.— I f construction on the center, structures, and facilities described in paragraph (1) is not complete as of the date speci- fied in subparagraph (A) or (B) of paragraph (2), as applicable, the transfer of the center, structures, and facilities under that paragraph may occur thereafter upon completion of the construction. ( 4 ) DISC H AR G E OF TRANSFER.—The Administrator of G en- eral Services shall complete the transfer as authorized by this subsection not later than 30 days after receipt of the request for the transfer. (b) R E V ERSION.— (1) IN GENERAL.—If any of the real and related personal property transferred pursuant to subsection (a) is subsequently used for purposes other than those specified in the executive agreement under section 1701, or is otherwise jointly deter- mined by the Secretary of Defense and the Secretary of Vet- erans Affairs to be excess to the needs of the facility, the Secretary of Veterans Affairs shall offer to transfer jurisdiction, custody, and control over such property, without reimburse- ment, to the Secretary of Defense. Any such transfer shall be carried out by the Administrator of General Services not later than one year after the acceptance of the offer of such transfer, plus such additional time as the Administrator may require to complete such transfer. (2) REVERSION IN EVENT OF LAC K OF FACILITIES INTEGRA- TION.— (A) W ITHIN INITIAL PERIO D .—During the five-year period beginning on the date of the transfer of real and related personal property pursuant to subsection (a), if the Secretary of Veterans Affairs, the Secretary of Defense, and the Secretary of Navy jointly determine that the integration of the facilities transferred pursuant to that subsection should not continue, jurisdiction, custody, and control over such real and related personal property shall be transferred, without reimbursement, to the Secretary of Defense. The transfer under this subparagraph shall be carried out by the Administrator of General Services not later than 180 days after the date of the determination Realpro per ty.D eter min ation. Dea d line s . Deadline. Deadline.


text:
Page:United States Statutes at Large Volume 123.djvu/2590

 123STA T . 2 570PUBLIC LA W 111 –84—O CT. 28 , 200 9bytheS e cr et a r i e s,plu ssucha d diti on al ti m easthe A dministrator may re q uire to complete such trans f er .(B) A FTERIN ITI ALP ERI OD . — After the end of the fi v e - year period described in subpara g raph (A), if the Secretary of V eterans Affairs or the Secretary of D efense determines that the integration of the facilities transferred pursuant to subsection (a) should not continue, the Secretary of Veterans Affairs shall transfer, w ithout reimbursement, to the Secretary of Defense j urisdiction, custody, and con- trol over the real and related personal property described in subparagraph (A). Any transfer under this subparagraph shall be carried out by the Administrator of G eneral Serv- ices not later than one year after the date of the determina- tion by the applicable Secretary, plus such additional time as the Administrator may require to complete such transfer. ( C ) R E V ER S ION PRO C ED U RES.— T hee x ecutive agreement under section 170 1 shall provide the following (i) Specific procedures for the reversion of real and related personal property, as appropriate, trans- ferred pursuant to subsection (a) to ensure the con- tinuing accomplishment by the Department of Defense and the Department of Veterans Affairs of their mis- sions in the event that the integration of facilities described transferred pursuant to that subsection (a) is not completed or a reversion of property occurs under subparagraph (A) or (B). (ii) I n the event of a reversion under this para- graph, the transfer from the Department of Veterans Affairs to the Department of Defense of associated functions including appropriate resources, civilian posi- tions, and personnel, in a manner that will not result in adverse impact to the missions of Department of Defense or the Department of Veterans Affairs. SEC.1703 . TRAN S F ER O FC IV I L IAN P ERSONNEL OF T H E D EPART M ENT OF DEFENSE. (a) TRANSFER OF F UNCTIONS.—The Secretary of Defense and the Secretary of the N avy may transfer to the Secretary of Veterans Affairs functions necessary for the effective operation of the facility. The Secretary of Veterans Affairs may accept any functions so transferred. (b) TER M S.— (1) EX ECUTIVE A G REEMENT.—Any transfer of functions under subsection (a) shall be carried out as provided in the executive agreement under section 1701. The functions to be so transferred shall be identified utili z ing the provisions of section 35 03 of title 5, U nited States Code. ( 2 ) ELEMENTS.—In providing for the transfer of functions under subsection (a), the executive agreement under section 1701 shall provide for the following: (A) The transfer of civilian employee positions of the Department of Defense identified in the executive agree- ment to the Department of Veterans Affairs, and of the incumbent civilian employees in such positions, and the transition of the employees so transferred to the pay, bene- fits, and personnel systems that apply to employees of


text:
Page:United States Statutes at Large Volume 123.djvu/2591

 123STA T . 2 57 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9theD e par t m e n t ofV eteran sA ffa i rs ( tothee x tent that d ifferent s y stems app l y ). ( B ) T he transition of employees so transferred to the pay systems of the Department of Veterans Affairs in a manner w hi c h will not res u lt in any reduction in an employee ’ sre g ular rate of compensation (including b asic pay, locality pay, any physician comparability allowance, and any other fixed and recurring pay supplement) at the time of transition. ( C ) The continuation after transfer of the same employ - ment status for employees so transferred who ha v e already successfully completed or are in the process of completing a one-year probationary period under title 5, U nited S tates Code, notwithstanding the provisions of section 7403 (b)( 1 ) of title 3 8, United States Code. (D) The extension of collective bargaining rights under title 5, United States Code, to employees so transferred in positions listed in subsection 74 2 1(b) of title 38, United States Code, notwithstanding the provisions of section 7422 of title 38, United States Code, for a two-year period begin- ning on the effective date of the executive agreement. ( E ) At the end of the two-year period beginning on the effective date of the executive agreement, for the fol- lowing actions by the Secretary of Veterans Affairs with respect to the extension of collective bargaining rights under subparagraph (D) (i) Consideration of the impact of the extension of such rights. (ii) Consultation with exclusive employee rep- resentatives of the transferred employees about such impact. (iii) Determination, after consultation with the Sec- retary of Defense and the Secretary of the N avy, whether the extension of such rights should be termi- nated, modified, or k ept in effect. (iv) Submittal to Congress of a notice regarding the determination made under clause (iii). ( F ) The recognition after transfer of each transferred physician’s and dentist’s total number of years of service as a physician or dentist in the Department of Defense for purposes of calculating such employee’s rate of base pay, notwithstanding the provisions of section 7431(b)(3) of title 38, United States Code. ( G ) The preservation of the seniority of the employees so transferred for all pay purposes. (c) RET E N T IO NO F DE PAR T M ENT OF DEFEN S E EMP L O Y MENT A U T H ORITY. — Notwithstanding subsections (a) and (b), the Depart- ment of Defense may employ civilian personnel at the facility if the Secretary of the Navy, or a designee of the Secretary, determines it is necessary and appropriate to meet mission re q uirements of the Department of the Navy. SEC.1704 . JOINTFU N D IN GA UT H O R IT Y . (a) J OINT M E D I C AL FACILITY DEMONSTRATION FUND.— (1) ESTA B LISHMENT.—There is established on the books of the Treasury under the Department of Veterans Affairs a fund to be known as the ‘ ‘Joint Department of Defense –Det e rmina ti o n .N oti c e. Determination. C on sul tation.


text:
Page:United States Statutes at Large Volume 123.djvu/2592

 123STA T . 2 57 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Departm e n t ofV eteran sA ffa i rs M e d i c a lF acilit y Demonstration F u nd ’ ’ ( int h is section referred to as the ‘ ‘Fund’’ ). ( 2 ) ELEM E NTS . —T he Fund shall consist of the follo w in g: (A) Amounts transferred to the Fund b y the S ecretary of Defense , in consultation with the Secretary of the N a v y, from amounts authori z ed and appropriated for the Depart - ment of Defense specifically for that purpose. ( B ) Amounts transferred to the Fund by the Secretary of Veterans Affairs from amounts authorized and appro- priated for the Department of Veterans Affairs specifically for that purpose. ( C ) Amounts transferred to the Fund from medical care collections under paragraph ( 4 ). ( 3 ) DETE R M I N A TI O NO F AMO U NTS TRANSFERRE DG EN- ERALL Y .—The amount transferred to the Fund by each of the Secretary of Defense and the Secretary of Veterans Affairs under subparagraphs (A) and (B), as applicable, of paragraph (2) each fiscal year shall be such amount, as determined by a methodology j ointly established by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of this subsection, that reflects the mission-specific activities, wor k - load, and costs of provision of health care at the facility of the Department of Defense and the Department of Veterans Affairs, respectively. (4) TRANSFERS FROM MEDI C AL CARE COLLECTIONS.— (A) I N GENERAL.—Amounts collected under the authori- ties specified in subparagraph (B) for health care provided at the facility may be transferred to the Fund under para- graph (2)(C). (B) AUT H ORITIES.—The authorities specified in this subparagraph are the following: (i) Section 1095 of title 10, U nited States Code. (ii) Section 1 7 29 of title 3 8, United States Code. (iii) P ublic L aw 87 –6 93, popularly known as the ‘‘Federal Medical Care R ecovery Act’’ (42 U.S.C. 2651 et se q .). (5) ADMINISTRATION.—The Fund shall be administered in accordance with such provisions of the e x ecutive agreement under section 1701 as the Secretary of Defense and the Sec- retary of Veterans Affairs shall jointly include in the executive agreement. Such provisions shall provide for an independent review of the methodology established under paragraph (3). (b) A V AILA B ILITY.— (1) IN GENERAL.—Funds transferred to the Fund under subsection (a) shall be available to fund the operations of the facility, including capital equipment, real property mainte- nance, and minor construction projects that are not required to be specifically authorized by law under section 2805 of title 10, United States Code, or section 8104 of title 38, United States Code. (2) LIMITATION.—The availability of funds transferred to the Fund under subsection (a)(2)(C) shall be subject to the provisions of section 1729A of title 38, United States Code. (3) PERIOD OF AVAILABILITY.— (A) IN GENERAL.—Except as provided in subparagraph (B), funds transferred to the Fund under subsection (a)


text:
Page:United States Statutes at Large Volume 123.djvu/2593

 123STA T . 2 57 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9shal l be a v a i lable und e rp ara g raph (1)fo r one fis c al y ear af t er transfer . ( B ) EXCEPTION . —O fana m ount transferred to the F und under subsection (a) , an amount not to e x ceed t w o percent of such amount shall be available under paragraph (1) for two fiscal years after transfer. (c) FIN A NCIA LR ECONCILIATION.— T he executive agreement under section 1 70 1 shall provide for the development and implementation of an integrated financial reconciliation process that meets the fiscal reconciliation re q uirements of the D epartment of Defense, the Department of the N avy, and the Department of V eterans A ffairs. The process shall permit each of the Department of Defense, the Department of Navy, and the Department of Vet - erans Affairs to identify their fiscal contributions to the Fund, ta k ing into consideration accounting, workload, and financial management differences. (d) ANN U AL REPO R T.—The S ecretary of Defense, in consultation with the Secretary of the Navy, and the Secretary of Veterans Affairs shall j ointly provide for an annual independent review of the Fund for at least three years after the date of the enactment of this Act. Such review shall include detailed statements of the uses of amounts of the Fund and an evaluation of the adequacy of the proportional share contributed to the Fund by each of the Secretary of Defense and the Secretary of Veterans Affairs. (e) TER M INATION.—The authorities in this section shall termi- nate on September 3 0, 2 01 5 . SEC.1705 .E LIG I B ILI TYOFM EMBE R SOFT H E UN IFORME D SER V ICES FOR C A RE AND SERVICES. (a) I N G ENERAL.—For purposes of eligibility for health care under chapter 55 of title 10, U nited States C ode, the facility may be treated as a facility of the uniformed services to the extent provided in the executive agreement under section 1701. (b) P RIORIT Y O F TREATMENT.—The executive agreement under section 1701 shall provide an integrated priority list for access to health care at the facility, which list shall— (1) integrate the respective health care priority lists of the Secretary of Defense and the Secretary of Veterans Affairs, giving first priority of care to members of the Armed Forces on active duty and (2) take into account categories of beneficiaries, enrollment program status, and such other matters as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate. (c) A D DITIONAL ELEMENT S .—The executive agreement under section 1701 may include provisions as follows (1) To incorporate any resource-related limitations for access to health care at the facility that the Secretary of Defense may establish for purposes of administering space-available eligibility for care in facilities of the uniformed services under chapter 55 of title 10, United States Code. (2) To waive the applicability to the facility of any provision of section 8 111(e) of title 38, United States Code, that the Secretary of Defense and the Secretary of Veterans Affairs shall jointly specify. (3) To allocate financial responsibility for care provided at the facility for individuals who are eligible for care under


text:
Page:United States Statutes at Large Volume 123.djvu/2594

 123STA T . 2 574PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9bothc h ap t er5 5o f t i t l e 10,Un ite dS tate sC ode, and title 38, United States Code .SEC.1706 .E XT E N S IO NO FD OD –VAH EA L TH CA R E SHARIN G INCENTIVE F U ND. Section 8111 ( d ) (3) of title 38, United States Code, is a m ended b y stri k in g‘ ‘September 30, 2 010 ’ ’ and inserting ‘‘September 30, 2015’’. TI T LEXV III —M ILIT ARYCO MMI S SIO N S Sec.180 1.S hort t i t l e. Sec. 180 2 . M ilit a r y co m mi s sio n s. Sec. 180 3 . C on f ormin g amen d ments. Sec. 180 4 . P roceedings u nder p rior statute. Sec. 180 5 . Su b mittal to Congress of re v ised rules for military commissions. Sec. 180 6 . A nnual reports to Congress on trials by military commission. Sec. 180 7 . Sense of Congress on military commission system. SEC. 1 8 01. SHORT TITLE. T his title may be cited as the ‘‘ M ilitary Commissions A ct of 200 9 ’’. SEC. 180 2 . M ILITAR Y COMMISSIONS. Chapter 47 A of title 10, United States Code, is amended to read as follo w s

‘ CHAPTER47 A —MIL ITAR Y C O MMI S SIO N S ‘ ‘S UB C H AP TER Sec. ‘‘ I . G eneral Provisions ............................................................................................ 9 48a. ‘‘II. Composition of Military Commissions ........................................................... 948h. ‘‘III. Pre - Trial Procedure ........................................................................................ 948 q. ‘‘I V . Trial Procedure ............................................................................................... 949a. ‘‘V. Classified Information Procedures .................................................................. 949p – 1. ‘‘VI. Sentences ......................................................................................................... 949s. ‘‘VII. Post-Trial Procedures and Revie w of Military Commissions ..................... 950a. ‘‘VIII. Punitive Matters .......................................................................................... 950p. ‘‘SU B C H A P T ERI—G E N ERA L PR OV ISIONS ‘‘Sec. ‘‘948a. D efinitions. ‘‘948b. Military commissions generally. ‘‘948c. Persons sub j ect to military commissions. ‘‘948d. J urisdiction of military commissions. ‘‘ §9 4 8a.Defin i t i o n s ‘‘In this chapter: ‘‘(1) A LIEN .—The term ‘alien’ means an indi v id u al who is not a citi z en of the United States. ‘‘(2) CL AS SI F IE D INF ORM A T ION.—The term ‘classified information’ means the following: ‘‘(A) Any information or material that has been deter - mined by the United States Government pursuant to statute, E x ecutive order, or regulation to re q uire protection against unauthorized disclosure for reasons of national security. ‘‘(B) Any restricted data, as that term is defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). 10USC948anote.Mil ita ry Co m mi s sions Ac t o f2 009.


text:
Page:United States Statutes at Large Volume 123.djvu/2595

 123STA T . 2 57 5 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (3)COALIT IO NP A R TN E R .—Thet e rm ‘ coali tio np artner ’,w ith re s pect to hostilities en g age d in by the U nited S tates, means any State or armed f orce directly engaged along with the United States in s u ch hostilities or pro v iding direct operational support to the United States in connection with such hostilities. ‘‘( 4 ) G ENE V A C ONVENTION RELATIVE TO T H E TREAT M ENT O F PRI S ONERS OF W AR.—The term ‘Geneva Convention R elative to the Treatment of P risoners of W ar’ means the Convention Relative to the Treatment of Prisoners of War, done at Geneva A ugust 12 ,1 9 49( 6 UST 3316). ‘‘( 5 ) GENEVA CONVENTIONS.—The term ‘Geneva Conven - tions’ means the international conventions signed at Geneva on August 12, 1949. ‘‘(6) PRIVILE G E DB ELLIGERENT.—The term ‘privileged bellig- erent’ means an individual belonging to one of the eight cat- egories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War. ‘‘( 7 ) UNPRIVILEGED ENEM Y BELLIGERENT.—The term ‘unprivileged enemy belligerent’ means an individual (other than a privileged belligerent) who— ‘‘(A) has engaged in hostilities against the United States or its coalition partners ‘‘( B ) has purposefully and materially supported hos- tilities against the United States or its coalition partners; or ‘‘(C) was a part of al Q aeda at the time of the alleged offense under this chapter. ‘‘( 8 ) N ATIONAL SEC U RITY.—The term ‘national security’ means the national defense and foreign relations of the United States. ‘‘(9) H OSTILITIES.—The term ‘hostilities’ means any conflict sub j ect to the laws of war. ‘ ‘ §948b.Mil i tarycom mi s sio n s ge nerally ‘‘(a) PURPOSE.—This chapter establishes procedures governing the use of military commissions to try alien unprivileged enemy belligerents for violations of the law of war and other offenses triable by military commission. ‘‘(b) AUTHORITY FOR M ILITARY COMMISSIONS UNDER THIS CHAPTER.—The President is authori z ed to establish military commissions under this chapter for offenses triable by military commission as provided in this chapter. ‘‘(c) CONSTRUCTION OF PROVISIONS.—The procedures for mili- tary commissions set forth in this chapter are based upon the procedures for trial by general courts-martial under chapter 47 of this title (the Uniform Code of Military J ustice). Chapter 47 of this title does not, by its terms, apply to trial by military commis- sion e x cept as specifically provided therein or in this chapter, and many of the provisions of chapter 47 of this title are by their terms inapplicable to military commissions. The judicial construc- tion and application of chapter 47 of this title, while instructive, is therefore not of its own force binding on military commissions established under this chapter. ‘‘(d) I NAPPLICABILITY OF CERTAIN PROVISIONS.—(1) The fol- lowing provisions of this title shall not apply to trial by military commission under this chapter


text:
Page:United States Statutes at Large Volume 123.djvu/2596

 123STA T . 2 576PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (A)Section810 ( ar tic l e10o f t h e U nifor mC o d eof M ilitar yJus tice) , relatin g tos p eedy trial, including any rule of courts - martial relating to speedy trial . ‘‘( B ) Sections 8 3 1(a), ( b ), and (d) (articles 31(a), (b), and (d) of the Uniform Code of Military Justice), relating to compul- sory self-incrimination. ‘‘(C) Section 83 2 (article 32 of the Uniform Code of Military Justice), relating to pretrial in v estigation. ‘‘(2) O ther provisions of chapter 47 of this title shall apply to trial by military commission under this chapter only to the e x tent provided by the terms of such provisions or by this chapter. ‘‘(e) GEN E VA C O NVEN TI ON SN OT E STA BL IS H IN GPR IVATE R IGHT O F A C TION. — No alien unprivileged enemy belligerent sub j ect to trial by military commission under this chapter may invo k e the Geneva Conventions as a basis for a private right of action. ‘ ‘ §948c.Person ss ubj ec t to mil it a r y commissions ‘‘Any alien unprivileged enemy belligerent is subject to trial by military commission as set forth in this chapter. ‘‘§ 948 d. J urisdiction o f military commissions ‘‘A military commission under this chapter shall have jurisdic- tion to try persons subject to this chapter for any offense made punishable by this chapter, sections 9 04 and 90 6 of this title (arti- cles 104 and 106 of the Uniform Code of Military Justice), or the la w of war, whether such offense was committed before, on, or after September 11, 2001, and may, under such limitations as the President may prescribe, adjudge any punishment not forbid- den by this chapter, including the penalty of death when specifically authori z ed under this chapter. A military commission is a competent tribunal to make a finding sufficient for jurisdiction. ‘‘SUBC H AP T ER I I—COMPOSITION O F MI L ITAR Y COMMISSIONS ‘ ‘ Sec. ‘‘ 948h . W h omay co nv ene m il i t a r y commi s sions. ‘‘948i. Who may serve on military commissions. ‘‘948 j. M ilitary j udg eo f a military commission. ‘‘948 k. D etail of trial counsel and defense counsel. ‘‘948l. Detail or em p loyment of reporters and interpreters. ‘‘948m. N um b er of members e x cuse of members; absent and additional members. ‘‘§ 948 h. W ho may con v ene military commissions ‘‘Military commissions under this chapter may be convened by the Secretary of D efense or by any officer or official of the United States designated by the Secretary for that purpose. ‘‘§ 948i. Who may serve on military commissions ‘‘(a) IN GENERAL.—Any commissioned officer of the armed forces on active duty is eligible to serve on a military commission under this chapter, including commissioned officers of the reserve compo- nents of the armed forces on active duty, commissioned officers of the National Guard on active duty in Federal service, or retired commissioned officers recalled to active duty. ‘‘(b) DETAIL OF ME M BERS.— W hen convening a military commis- sion under this chapter, the convening authority shall detail as members thereof such members of the armed forces eligible under subsection (a) who, in the opinion of the convening authority, are Ap p licab ili ty.


text:
Page:United States Statutes at Large Volume 123.djvu/2597

 123STA T . 2 57 7 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9bestqualif ie d f or t h e dut y by reaso n ofa g e , edu c ation, training, e xp erience, length of ser v ice, and j udicial te m perament .N o member of an armed force is eligible to serve as a member of a military commission w hen such member is the accuser or a witness for the prosecution or has acted as an investigator or counsel in the same case. ‘ ‘ ( c )EXCUSEOFM E MB E R S. —B efore a military commission under this chapter is assembled for the trial of a case, the convening authority may excuse a member from participating in the case. ‘ ‘ §948j.Mil i tary j udgeof a m ilitary c ommi s sio n ‘‘(a) D E TAIL OF MILITAR YJ U DG E.— A military judge shall be detailed to each military commission under this chapter. T he S ec - retary of Defense shall prescribe regulations providing for the manner in which military judges are so detailed to military commis- sions. The military judge shall preside over each military commis- sion to which such military judge has been detailed. ‘‘(b) ELIGIBILITY.—A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a F ederal court, or a member of the bar of the highest court of a State, and who is certified to be qualified for duty under section 826 of this title (article 26 of the U niform C ode of Military Justice) as a military judge of general courts-martial by the Judge Advocate G eneral of the armed force of which such military judge is a member. ‘‘(c) IN ELIGIBILITY OF CERTAIN INDI V IDUALS.—No person is eligible to act as military judge in a case of a military commission under this chapter if such person is the accuser or a witness or has acted as investigator or a counsel in the same case. ‘‘(d) CONSULTATION W IT H MEMBERS INELIGIBILITY TO V OTE.— A military judge detailed to a military commission under this chapter may not consult with the members except in the presence of the accused (except as otherwise provided in section 94 9d of this title), trial counsel, and defense counsel, nor may such military judge vote with the members. ‘‘(e) O THER DUTIES.—A commissioned officer who is certified to be qualified for duty as a military judge of a military commission under this chapter may perform such other duties as are assigned to such officer by or with the approval of the Judge Advocate General of the armed force of which such officer is a member or the designee of such Judge Advocate General. ‘‘(f) P ROHIBITION ON EVALUATION OF FITNESS BY CONVENING AUTHORITY.—The convening authority of a military commission under this chapter may not prepare or review any report concerning the effectiveness, fitness, or efficiency of a military judge detailed to the military commission which relates to such judge ’ s perform- ance of duty as a military judge on the military commission. ‘‘§ 948 k. D etail of trial counsel and defense counsel ‘‘(a) DETAIL OF COUNSEL GENERALLY.—( 1 ) Trial counsel and military defense counsel shall be detailed for each military commis- sion under this chapter. ‘‘(2) Assistant trial counsel and assistant and associate defense counsel may be detailed for a military commission under this chapter. ‘‘( 3 ) Military defense counsel for a military commission under this chapter shall be detailed as soon as practicable. Regulations.