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 123STA T . 21 78PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9(c)None o fth ef u n dsma dea v a il a b leinthiso r an y other A ct may be used to transfer an individual w ho is detained , as of J une 24 ,2 0 0 9, at Naval S tation, G uantanamo B ay, C uba, into the continental U nited States, Alas k a, H awaii, or the D istrict of Columbia, into any of the United States territories of Guam, Amer - ican Samoa (AS), the United States V ir g in I slands (USVI), the Commonwealth of P uerto R ico and the Commonwealth of the Northern M ariana Islands (CNMI), for the p urposes of prosecuting such individual, or detaining such individual during legal pro- ceedings, until 4 5 days after the plan described in subsection (d) is received . (d) T he President shall submit to Congress, in classified form, a plan regarding the proposed disposition of any individual covered by subsection (c) who is detained as of June 24, 2009. Such plan shall include, at a minimum, each of the following for each such individual ( 1 ) A determination of the risk that the individual might instigate an act of terrorism within the continental United States, Alaska, Hawaii, the District of Columbia, or the United States territories if the individual were so transferred. (2) A determination of the risk that the individual might advocate, coerce, or incite violent e x tremism, ideologically moti- vated criminal activity, or acts of terrorism, among inmate populations at incarceration facilities within the continental United States, Alaska, Hawaii, the District of Columbia, or the United States territories if the individual were transferred to such a facility. ( 3 ) The costs associated with transferring the individual in q uestion. (4) The legal rationale and associated court demands for transfer. (5) A plan for mitigation of any risks described in para- graphs (1), (2), and ( 7 ). ( 6 ) A copy of a notification to the Governor of the State to which the individual will be transferred, to the Mayor of the District of Columbia if the individual will be transferred to the District of Columbia, or to any United States territories with a certification by the Attorney General of the United States in classified form at least 14 days prior to such transfer (together with supporting documentation and j ustification) that the individual poses little or no security risk to the United States. (7) An assessment of any risk to the national security of the United States or its citi z ens, including members of the Armed Services of the United States, that is posed by such transfer and the actions taken to mitigate such risk. (e) None of the funds made available in this or any other Act may be used to transfer or release an individual detained at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such individual ’ s nationality or last habitual residence or to any other country other than the United States or to a freely associated State, unless the President submits to the Congress, in classified form, at least 15 days prior to such transfer or release, the following information: (1) The name of any individual to be transferred or released and the country or the freely associated State to which such individual is to be transferred or released. Presid e nt.Cla ssi f ied inf o r m ation. D eadline. N otifi c ation. Deadline. President. Classified information. Dis p osition plan. Deadline.


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 123STA T . 21 79PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 09 (2)Anas s e ss m en tof an yri s k tot h e nationa l se cu rity of the U nite dS tates or its citi z ens , includin g mem b ers of the Armed Ser v ices of the United States, that is p osed by such transfer or release and the actions taken to mitigate such risk . ( 3 ) T he terms of any agreement w ith the country or the freely associated State for the acceptance of such individual, including the amount of any financial assistance related to such agreement. (f) N one of the funds made available in this Act may be used to provide any immigration benefit (including a visa, admission into the United States or any of the United States territories, parole into the United States or any of the United States territories (other than parole for the purposes of prosecution and related detention), or classification as a refugee or applicant for asylum) to any individual who is detained, as of J une 2 4 ,2 0 0 9, at Naval Station, G uantanamo B ay, C uba. (g) I n this section, the term ‘ ‘freely associated States ’ ’ means the F ederated States of M icronesia (FSM), the R epublic of the Marshall Islands (RMI), and the Republic of P alau. (h) Prior to the termination of detention operations at Naval Station, Guantanamo Bay, Cuba, the President shall submit to the Congress a report in classified form describing the disposition or legal status of each individual detained at the facility as of the date of enactment of this Act. S EC . 5 53. Section 44903( j )(2)(C) of title 49, United States Code, is amended by adding at the end the following new clause ‘‘(v) I N C LUSIO NO FD E TA INEES ON NO FL Y LIST. — The Assistant Secretary, in coordination with the Ter - rorist Screening Center, shall include on the No Fly L ist any individual who was a detainee held at the Naval Station, Guantanamo Bay, Cuba, unless the President certifies in writing to Congress that the detainee poses no threat to the United States, its citi- zens, or its allies. For purposes of this clause, the term ‘detainee’ means an individual in the custody or under the physical control of the United States as a result of armed conflict.’’. SEC. 554. For fiscal year 20 1 0 and thereafter, the Secretary of H omeland Security may collect fees from any non-Federal partici- pant in a conference, seminar, e x hibition, symposium, or similar meeting conducted by the D epartment of Homeland Security in advance of the conference, either directly or by contract, and those fees shall be credited to the appropriation or account from which the costs of the conference, seminar, exhibition, symposium, or similar meeting are paid and shall be available to pay the costs of the Department of Homeland Security with respect to the con- ference or to reimburse the Department for costs incurred with respect to the conference: Provide d, That in the event the total amount of fees collected with respect to a conference exceeds the actual costs of the Department of Homeland Security with respect to the conference, the amount of such excess shall be deposited into the Treasury as miscellaneous receipts: Provided fu r th er, That the Secretary shall provide a report to the Committees on Appro- priations of the Senate and the House of Representatives not later than January 5, 2011, providing the level of collections and a Reports.D e adlin e. F ees. 6USC4 6 9 a. De f inition. C ub a. P resident. Certifi c ation. President. Reports. Classified infor m ation. Definition.

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 123STA T . 21 80PUBLIC LA W 111 – 83 —O CT. 28 , 200 9sum m aryb ya genc y ofth e p urposes an dl e v elsofe x pend i tures for the prior fiscal year , and shall report annually thereafter .SEC . 5 55. F or purposes of section 210C of the H omeland Secu - rity A ct of 2002 (6U .S.C. 12 4j) a rural area shall also include any area that is located in a metropolitan statistical area and a county, borough, parish, or area under the jurisdiction of an I ndian tribe w ith a population of not more than 50,000. SEC. 556. N one of the funds made available in this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 3 01 – 10.122 through 301.10– 124 of title 41, Code of Federal R egulations. SEC. 55 7 . None of the funds made available in this Act may be used to propose or effect a disciplinary or adverse action, with respect to any D epartment of Homeland Security employee who engages regularly with the public in the performance of his or her official duties solely because that employee elects to utili z e protective e q uipment or measures, including but not limited to surgical mas k s,N 9 5 respirators, gloves, or hand-sanitizers, where use of such equipment or measures is in accord with Department of Homeland Security policy, and Centers for Disease Control and P revention and O ffice of Personnel M anagement guidance. SEC. 55 8 . None of the funds made available in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). SEC. 559. (a) Subject to subsection (b), none of the funds appro- priated or otherwise made available by this Act may be available to operate the L oran-C signal after J anuary 4, 2010. (b) T he limitation in subsection (a) shall take effect only if (1) the Commandant of the Coast G uard certifies that the termination of the operation of the Loran-C signal as of the date specified in subsection (a) will not adversely impact the safety of maritime navigation and (2) the Secretary of Homeland Security certifies that the Loran-C system infrastructure is not needed as a backup to the Global Positioning System or to meet any other Federal navigation requirement. (c) If the certifications described in subsection (b) are made, the Coast Guard shall, commencing January 4, 2010, terminate the operation of the Loran-C signal and commence a phased decommissioning of the Loran-C system infrastructure. (d) Not later than 30 days after such certifications pursuant to subsection (b), the Commandant shall submit to the Committees on Appropriations of the Senate and House of Representatives a report setting forth a proposed schedule for the phased decommis- sioning of the Loran-C system infrastructure in the event of the decommissioning of such infrastructure in accordance with sub- section (c). (e) If the certifications described in subsection (b) are made, the Secretary of Homeland Security, acting through the Com- mandant of the Coast Guard, may, notwithstanding any other provi- sion of law, sell any real and personal property under the adminis- trative control of the Coast Guard and used for the Loran-C system, by directing the Administrator of General Services to sell such real and personal property, subject to such terms and conditions that the Secretary believes to be necessary to protect government interests and program requirements of the Coast Guard: Provide d, That the proceeds, less the costs of sale incurred by the General Deadlin e .R e ports . C erti f i c ations. T er m ination date. U r b anandr u ral areas.


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 123STA T . 21 8 1 PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9Servic e sAdm i n is t r a ti o n , s h a l l b ede p osited as o f fsettin g collections into the C oast Gu ard ‘ ‘ E nvironmental Compliance and R estoration ’ ’ account and, sub j ect to appropriation, shall be available until e x pended for environmental compliance and restoration purposes associated w ith the L oran - Cs y stem, for the costs of securing and maintaining e q uipment that may be used as a bac k up to the Global P ositioning System or to meet any other F ederal navigation require- ment, for the demolition of improvements on such real property, and for the costs associated with the sale of such real and personal property, including due diligence requirements, necessary environ- mental remediation, and reimbursement of expenses incurred by the General Services Administration
 * Provide

d fu r th er, T hat after the completion of such activities, the unexpended balances shall be available for any other environmental compliance and restoration activities of the Coast Guard . S EC. 560 . ( a )N one of the funds made available by this Act may be obligated for construction of the National B io- and Agro- defense Facility on the U nited States mainland until 3 0 days after the later of: ( 1 ) the date on which the Secretary of H omeland Security submits to the Committee on Appropriations of the Senate and the House of Representatives a site-specific bio-safety and bio-security mitigation risk assessment, which includes an integrated set of analyses using plume modeling and epidemio- logic impact modeling, to determine the requirements necessary to ensure safe operation of the National Bio- and Agro-defense Facility at the approved M anhattan, K ansas, site identified in the J anuary 16, 2 00 9, record of decision published in Federal Register V ol. 74, Number 11, and the results of the National Academy of Sciences’ review of the risk assessment as described in paragraph (b): Provided, That the integrated set of analyses is to determine the extent of the dispersion of the foot-and- mouth virus following a potential laboratory spill, the potential spread of foot-and-mouth disease in the surrounding susceptible animal population, and its economic impact: Provided further, That the integrated set of analyses should also take into account specific local, State, and national risk mitigation strategies or (2) the date on which the Secretary of Homeland Security, in coordination with the Secretary of Agriculture, submits to the Committees on Appropriations of the Senate and the House of Representatives a report that: (A) describes the procedure that will be used to issue the permit to conduct foot-and-mouth disease live virus research under section 7524 of the Food, Conservation, and Energy Act of 200 8 (21 U.S.C. 113a note; Public Law 110 – 246); and (B) includes plans to establish an emergency response plan with city, regional, and State officials in the event of an accidental release of foot-and-mouth disease or another ha z ardous pathogen. (b) W ith regard to the integrated set of analyses included in the mitigation risk assessment required under paragraph (a)(1), the Secretary of Homeland Security shall enter into a contract with the National Academy of Sciences to evaluate the mitigation risk assessment required by subsection (a)(1) of this section and to submit a Letter Report: Provided, That such contract shall be Contrac t s.Rep orts. Pl ans. Reports. R i s k assess m ent. K ansas. D iseases. Dea d lines.


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 123STA T . 21 8 2 PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9ent e r e di nt ow it h in 90 d aysf ro m the date of ena c tment of this A ct , and the N ationa l Academy of S ciences shall com p lete its assess - ment and s ub mit its L etter R eport within four months after the date the D epartment of H omeland Security concludes the ris k assessment . S EC. 561 . ( a ) S HORTTI T L E. — This section may be cited as the ‘ ‘American C ommunities ’ Ri g ht to P ublic I nformation Act’’. (b) I NG ENER A L.—Section 7 010 3 (d) of title 4 6, U nited States Code, is amended to read as follows ‘‘(d) NON D I S CLOS U REO F INFOR M ATION.— ‘‘(1) IN G ENERAL.—Information de v eloped under this section or sections 7010 2, 70104, and 7010 8 is not re q uired to be disclosed to the public, including— ‘‘(A) facility security plans, vessel security plans, and port vulnerability assessments and ‘‘( B ) other information related to security plans, proce- dures, or programs for vessels or facilities authori z ed under this section or sections 70102, 70104, and 70108. ‘‘(2) LIMITATIONS.—Nothing in paragraph (1) shall be con- strued to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49, Code of F ederal Regulations)— ‘‘(A) to conceal a violation of law, inefficiency, or administrative error; ‘‘(B) to prevent embarrassment to a person, organiza- tion, or agency; ‘‘(C) to restrain competition; or ‘‘(D) to prevent or delay the release of information that does not require protection in the interest of transpor- tation security, including basic scientific research informa- tion not clearly related to transportation security.’’. (c) CONFORMING AMENDMENTS.— (1) Section 114(r) of title 49, United States Code, is amended by adding at the end thereof the following: ‘‘(4) LIMITATIONS.—Nothing in this subsection, or any other provision of law, shall be construed to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49, Code of Federal Regulations)— ‘‘(A) to conceal a violation of law, inefficiency, or administrative error; ‘‘(B) to prevent embarrassment to a person, organiza- tion, or agency; ‘‘(C) to restrain competition; or ‘‘(D) to prevent or delay the release of information that does not require protection in the interest of transpor- tation security, including basic scientific research informa- tion not clearly related to transportation security.’’. (2) Section 40119(b) of title 49, United States Code, is amended by adding at the end thereof the following: ‘‘(3) Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)— ‘‘(A) to conceal a violation of law, inefficiency, or administrative error; ‘‘(B) to prevent embarrassment to a person, organiza- tion, or agency; AmericanCo mm u ni t ie s’R i gh tto P u bl ic I n f ormation Act .46US C 10 1 note.


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 123STA T . 21 8 3 PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9‘ ‘ (C)tores tr ainc o mp etition or ‘‘( D )topre v ent or d e l a y t h e release o f information that does not re qu ire protection in the interest of transpor - tation security , includin gb asic scientific research informa- tion not clearly related to transportation security .’ ’. SEC . 562 . Section 4 of the A ct entitled ‘‘An Act to prohibit the introduction, or manufacture for introduction, into interstate commerce of s w itchblade k nives, and for other purposes’’ (commonly known as the F ederal Switchblade Act) ( 1 5 U .S.C. 1244) is amended — (1) by striking ‘‘or’’ at the end of paragraph ( 3 ); (2) by striking the period at the end of paragraph (4) and inserting ‘‘; or’’ and (3) by adding at the end the following ‘‘(5) a knife that contains a spring, detent, or other mecha- nism designed to create a bias toward closure of the blade and that requires e x ertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife.’’. SEC. 563. (a) A P P LI C AB LEA N N U AL P E R CEN T A G E R ATE OFI NTERE S T.—Section 44(f)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1 8 31u(f)(1)) is amended— (1) in the matter preceding subparagraph (A), by inserting ‘‘(or in the case of a governmental entity located in such State, paid)’’ after ‘‘received, or reserved’’; and (2) in subparagraph ( B )— (A) in the matter preceding clause (i), by striking ‘‘non- depository institution operating in such State’’ and inserting ‘‘governmental entity located in such State or any person that is not a depository institution described in subparagraph (A) doing business in such State’’; (B) by redesignating clause (ii) as clause (iii); (C) in clause (i)— (i) in subclause (III)— (I) in item (aa), by adding ‘‘and’’ at the end; (II) in item (bb), by striking ‘‘, to facilitate’’ and all that follows through ‘‘2 0 0 9 ’’; and (III) by striking item (cc); and (ii) by adding after subclause (III) the following: ‘‘(I V ) the uniform accessibility of bonds and obligations issued under the American Recovery and Reinvestment Act of 2009;’’; and (D) by inserting after clause (i) the following: ‘‘(ii) to facilitate interstate commerce through the issuance of bonds and obligations under any provision of State law, including bonds and obligations for the purpose of economic development, education, and improvements to infrastructure; and’’. (b) RULE OF CONSTRUCTION.—Section 44(f)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1831u(f)(2)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving the margins 2 ems to the right; (2) by striking ‘‘ N o provision’’ and inserting the following: ‘‘(A) IN GENERAL.—No provision’’; and (3) by adding at the end the following:


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 123STA T . 21 84PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9‘ ‘ (B)AP P LICAB ILI TY.—This s ub s ect i on sh al lbecon - st r ue d toa p pl y to any loan or discount m ade , or note, bill o f e x chan g e, financing transaction, or other e v idence of debt, originated by an insured depository institution, a governmental entity located in such S tate, or a person that is not a depository institution described in subpara- graph (A) doing business in such State. ’ ’. (c) EF F E CTI V E P E R I OD .—The amendments made by this section shall apply w ith respect to contracts consummated during the period beginning on the date of enactment of this Act and ending on D ecember 31, 20 10. SEC. 564 . (a) S H ORT TITLE.—This section may be cited as the ‘‘ O PE NF O I AActof200 9 ’’. (b) SPECIFIC C ITATIO NS IN STAT U TORY E X E M PTIONS.—Section 552(b) of title 5, U nited States Code, is amended by stri k ing para- graph (3) and inserting the following ‘‘(3) specifically exempted from disclosure by statute (other than section 552b of this title), if that statute— ‘‘(A)(i) re q uires that the matters be withheld from the public in such a manner as to leave no discretion on the issue or ‘‘(ii) establishes particular criteria for withholding or refers to particular types of matters to be withheld; and ‘‘(B) if enacted after the date of enactment of the OPEN FOIA Act of 2009, specifically cites to this paragraph.’’. SEC. 565. (a) SHORT TITLE.—This section may be cited as the ‘‘Protected National Security Documents Act of 2009’’. (b) Notwithstanding any other provision of the law to the con- trary, no protected document, as defined in subsection (c), shall be sub j ect to disclosure under section 552 of title 5, United States Code or any proceeding under that section. (c) DEFINITIONS.—In this section: (1) PROTECTED DOCUMENT.—The term ‘‘protected document’’ means any record— (A) for which the Secretary of Defense has issued a certification, as described in subsection (d), stating that disclosure of that record would endanger citi z ens of the United States, members of the United States Armed Forces, or employees of the United States G overnment deployed outside the United States; and (B) that is a photograph that— (i) was taken during the period beginning on Sep- tember 11, 2001, through J anuary 22, 2009; and (ii) relates to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States in operations outside of the United States. (2) PHOTO G RAPH.—The term ‘‘photograph’’ encompasses all photographic images, whether originals or copies, including still photographs, negatives, digital images, films, video tapes, and motion pictures. (d) CERTIFICATION.— (1) IN GENERAL.—For any photograph described under sub- section (c)(1), the Secretary of Defense shall issue a certification if the Secretary of Defense determines that disclosure of that Protec te dNa t i o n a lS ec u rit yD ocu m ent sA cto f20 0 9.5U S C 552 note. O P E N F O I A Act of 2009. 5 USC 1 01 note. A p plica b ility. Contracts. 12USC1 83 1u note. L oans.


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 123STA T . 21 85PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9phot o gra ph w o ulden danger ci ti z en s o f the U nited S tates ,m em -b ers of the United States A rmed F orces, or emplo y ees of the United States G o v ernment deployed outside the United States .(2)CERTIF I CA TI ON E XP IRATION. — A certification and a renewal of a certification issued pursuant to subsection (d)( 3 ) shall e x pire 3 years after the date on which the certification or renewal, is issued by the Secretary of D efense. (3) CERTIFICATION RENE W A L .— T he Secretary of Defense may issue— (A) a renewal of a certification at any time and ( B ) more than 1 renewal of a certification. ( 4 ) N OTICE TO CON G RE S S.—The Secretary of Defense shall provide Congress a timely notice of the Secretary ’ s issuance of a certification and of a renewal of a certification. (e) RU LE OF CONSTRUCTION.—Nothing in this section shall be construed to preclude the voluntary disclosure of a protected docu- ment. (f) E FFECTI V E DATE.—This section shall ta k e effect on the date of enactment of this Act and apply to any protected document. SEC. 56 6. The administrative law j udge annuitants partici- pating in the Senior Administrative L aw J udge P rogram managed by the Director of the O ffice of Personnel M anagement under section 3323 of title 5, United States Code, shall be available on a tem- porary reemployment basis to conduct arbitrations of disputes as part of the arbitration panel established by the President under section 6 0 1 of division A of the American Recovery and Reinvest- ment Act of 200 9 (Public Law 111 – 5; 123 Stat. 164). SEC. 56 7 . (a) I N GENERAL.—Any company that collects or retains personal information directly from individuals who partici- pated in the Registered Traveler program shall safeguard and dis- pose of such information in accordance with the re q uirements in— (1) the National Institute for Standards and Technology Special Publication 8 00–30, entitled ‘ ‘Risk Management Guide for Information Technology Systems’’; and (2) the National Institute for Standards and Technology Special Publication 800–53, Revision 3, entitled ‘‘Recommended Security Controls for Federal Information Systems and Organizations,’’; (3) any supplemental standards established by the Assist- ant Secretary, Transportation Security Administration (referred to in this section as the ‘‘Assistant Secretary’’). (b) CERTIFICATION.—The Assistant Secretary shall require any company through the sponsoring entity described in subsection (a) to provide, not later than 30 days after the date of the enactment of this Act, written certification to the sponsoring entity that such procedures are consistent with the minimum standards established under paragraph (a)(1–3) with a description of the procedures used to comply with such standards. (c) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary shall submit a report to Congress that— (1) describes the procedures that have been used to safe- guard and dispose of personal information collected through the Registered Traveler program; and (2) provides the status of the certification by any company described in subsection (a) that such procedures are consistent Deadlin e .Ap pli c a b ili ty .


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 123STA T . 21 86PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9with th em i n im u m s t a n d a r ds esta bl ished b yp ara g raph ( a ) ( 1–3 ) .SEC . 568 . (a) S P EC IALIM MI GR A NTNO NMINI S TER R ELIGIO U S W OR K ER P ROGRAM AN DO T H ER IMMIGRATION PROGRAMS. — (1) EX TENSION.—Sub c lauses (II) and (III) of section 1 0 1(a)( 27 )( C )(ii) of the Immigration and Nationality A ct (8 U .S.C. 1101(a)(27)(C)(ii)) are amended by stri k ing ‘ ‘September 30, 200 9 , ’ ’ each place such term appears and inserting ‘‘Sep - tember 30, 2012,’’. (2) STUD Y AND PLAN.—Not later than 180 days after the date of the enactment of this Act, the D irector of United States Citi z enship and Immigration Ser v ices shall submit a report to the Committee on the J udiciary of the Senate and the Committee on the Judiciary of the H ouse of Representatives that includes— (A) the results of a study conducted under the super- vision of the Director to evaluate the Special Immigrant Nonminister Religious Worker Program to identify the risks of fraud and noncompliance by program participants and ( B ) a detailed plan that describes the actions to be taken by United States Citizenship and Immigration Serv- ices to improve the integrity of the program. (3) PROGRESS REPORT.—Not later than 2 4 0 days after the submission of the report under paragraph (2), the Director of United States Citizenship and Immigration Services shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes the progress made in imple- menting the plan described in clause (a)(2)(B) of this section. (b) CONRAD STATE 30 J–1 V ISA WAI V ER PROGRAM.—Section 220(c) of the Immigration and Nationality T echnical Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 2012’’. (c) RELIE F FOR SURVIVING SPOUSES.— (1) IN GENERAL.—The second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking ‘‘for at least 2 years at the time of the citizen’s death’’. (2) APPLICA B ILITY.— (A) IN GENERAL.—The amendment made by paragraph (1) shall apply to all applications and petitions relating to immediate relative status under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) pending on or after the date of the enact- ment of this Act. (B) TRANSITION CASES.— (i) IN GENERAL.—Notwithstanding any other provi- sion of law, an alien described in clause (ii) who seeks immediate relative status pursuant to the amendment made by paragraph (1) shall file a petition under sec- tion 204(a)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(ii)) not later than the date that is 2 years after the date of the enactment of this Act. (ii) ALIENS DESCRIBED.—An alien is described in this clause if— Peti ti on.D e adl ine. 8USC1 1 5 1 note. Deadline. R e p o r t s .


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 123STA T . 21 87PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9(I)theali e n’sU nite dS tates c iti z ens pou se died b e f o r e the date of the enact m ent of this A ct (II) the alien and the citizen spouse w ere mar - ried for less than 2y ears at the time of the citizen spouse’s death; and (III) the alien has not remarried . (d) S URVI VI NGRELAT IVE CO N S I D ERATION F OR CERTAIN P ETI- TIONS AND A P PLI C ATIONS. — ( 1 )A M ENDMENT.—Section 2 04 of the Immi g ration and N ationality Act ( 8 U.S.C. 11 5 4) is amended by adding at the end the following

‘(l) SURVIVING RELATIVE CONSIDERATION FOR CERTAIN PETI- TIONS AND APPLICATIONS.— ‘‘(1) IN GENERAL.—An alien described in paragraph (2) who resided in the United States at the time of the death of the q ualifying relati v e and who continues to reside in the United States shall have such petition described in paragraph (2) , or an application for ad j ustment of status to that of a person admitted for lawful permanent residence based upon the family relationship described in paragraph (2), and any related applications, adjudicated notwithstanding the death of the qualifying relative, unless the Secretary of H omeland Security determines, in the unreviewable discretion of the Secretary, that approval would not be in the public interest. ‘‘(2) ALIEN DESCRI B ED.—An alien described in this para- graph is an alien who, immediately prior to the death of his or her qualifying relative, was— ‘‘(A) the beneficiary of a pending or approved petition for classification as an immediate relative (as described in section 201(b)(2)(A)(i)); ‘‘( B ) the beneficiary of a pending or approved petition for classification under section 20 3 (a) or (d); ‘‘(C) a derivative beneficiary of a pending or approved petition for classification under section 203(b) (as described in section 203(d)); ‘‘( D ) the beneficiary of a pending or approved refugee / asylee relative petition under section 20 7 or 208; ‘‘( E ) an alien admitted in ‘ T ’ nonimmigrant status as described in section 101(a)(15)(T)(ii) or in ‘U’ nonimmigrant status as described in section 101(a)(15)(U)(ii); or ‘‘( F ) an asylee (as described in section 208(b)(3)).’’. (2) CONSTRUCTION.—Nothing in the amendment made by paragraph (1) may be construed to limit or waive any ground of removal, basis for denial of petition or application, or other criteria for adjudicating petitions or applications as otherwise provided under the immigration laws of the United States other than ineligibility based solely on the lac k of a qualifying family relationship as specifically provided by such amendment. (e) CONFORMING AMENDMENT TO AFFIDAVIT OF SUPPORT RE Q UIREMENT.—Section 213A(f)(5) of the Immigration and Nation- ality Act (8 U.S.C. 1183a(5)) is amended by striking clauses (i) and (ii) and inserting: ‘‘(i) the individual petitioning under section 204 of this Act for the classification of such alien died after the approval of such petition, and the Secretary of Homeland Security has determined for humanitarian 8USC1 1 54note.


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 123STA T . 21 8 8 PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9reason s th at re v o c at i ono f s u ch p etition un d er section 205w ou l d b e inappropriate or ‘ ‘ ( ii ) the alien ’ s petition is bein g ad j udicated pursu - ant to section 20 4 (l) (surviving relative consideration) . ’’. SEC . 5 69 . N otwithstanding an y other provision of this A ct , none of the funds appropriated or otherwise m ade available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory perform- ance or performance that does not meet the basic re q uirements of a contract. SEC. 5 7 0. None of the funds appropriated or otherwise made available by this Act may be used by the D epartment of H omeland Security to enter into any federal contract unless such contract is entered into in accordance with the requirements of the F ederal P roperty and Administrative Services Act of 1 949 (41 U .S. C . 25 3 ) or Chapter 137 of title 10, United States Code, and the Federal Acquisition R egulation, unless such contract is otherwise authori z ed by statute to be entered into without regard to the above referenced statutes. SEC. 571. (a) Funds made available by this Act solely for data center migration may be transferred by the Secretary between appropriations for the same purpose, notwithstanding section 503 of this Act. (b) No transfer described in (a) shall occur until 15 days after the Committees on Appropriations of the Senate and the House and Representatives are notified of such transfer. SEC. 572. Specific projects contained in the report of the Com- mittee on Appropriations of the House of Representatives accom- panying this Act (H. Rept. 111 – 157) that are considered congres- sional earmar k s for purposes of clause 9 of rule X X I of the Rules of the House of Representatives, when intended to be awarded to a for-profit entity, shall be awarded under a full and open competition. SEC. 573. From unobligated balances for fiscal year 2009 made available for Federal E mergency M anagement Agency ‘‘ T rucking Industry Security G rants’’, $ 5,572,000 are rescinded. SEC. 574. From the unobligated balances of prior year appro- priations made available for ‘‘Analysis and O perations’’, $2,35 8 ,000 are rescinded. SEC. 575. From the unobligated balances of prior year appro- priations made available for National Protection and Programs Directorate ‘‘Infrastructure Protection and Information Security’’, $8,000,000 are rescinded. SEC. 576. From the unobligated balances of prior year appro- priations made available for Science and Technology ‘‘Research, Development, Acquisition, and Operations’’, $6,944,148 are rescinded. SEC. 577. From the unobligated balances of prior year appro- priations made available for Domestic Nuclear Detection Office ‘‘Research, Development, and Operations’’, $8,000,000 are rescinded. SEC. 578. From the unobligated balances of prior year appro- priations made available for Transportation Security Administration ‘‘Research and Development’’, $4,000,000 are rescinded. SEC. 579. From the unobligated balances of prior year appro- priations made available for Coast Guard ‘‘Acquisition, Construc- tion, and Improvements’’, $800,000 are rescinded
 * Provide

d, That these rescissions shall be taken from completed projects. Earm ar ks.De a dlin e. Not i f i c ation. C ontracts. Contracts. P erformance fees.


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 123STA T . 21 89PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 289 2 ( S. 1 298 ): HO U SE RE P ORTS: Nos . 111 – 1 57 ( C o m m.o n A p p r opr iat ions) an d 111–298 (Comm. o f Conf e ren c e). SENATE REPORTS: No. 111– 3 1 (Comm. on Appropriations) accompan y in g S. 1298. CONGRESSIONAL RECOR D, Vo l . 155(2 0 09): Ju ne2 4, considered and passed House. July 7–9, considered and passed Senate, amended. Oct. 15, House agreed to conference report. Oct. 20, Senate agreed to conference report. SEC.580 . Oftheamoun t s a v a il a b le un d e r the headin g‘ ‘ C ounter - terrorism F und ’ ’ ,$ 5, 6 00,000 are res c inded. T his A ct ma y be cited as the ‘‘ D e p artment of H omeland Security Appropriations Act, 2 0 1 0’’. Approved October 28, 200 9.


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 123STA T . 21 90PUBLIC LA W 111 –84—O CT. 28 , 2009 PublicLaw1 11 –84 111 thCongres s A n Act Toauth o rize a p propriatio nsf or fis c a ly ear 201 0 for m ilitary acti v ities of the D epartment of Defense , for military construction, an d for defense activities of the Department of E ner g y, to prescri b e military personnel strengths for such fiscal year, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ N ati on a lD e f ense A u tho r i z ation Act for F iscal Y ear 201 0 ’ ’ . SEC. 2 .OR GA NI Z ATION O F ACT INTO D I V ISIONS TA B LE OF CONTENTS. ( a ) D IV I S I ON S. — This Act is or g anized into fi v e divisions as follo w s (1) Division A—De p artment of Defense Authorizations. (2) Division B — M ilitary C onstruction Authorizations. ( 3 ) Division C—Department of E nergy National S ecurity Authorizations and O ther Authorizations. ( 4 ) Division D—Funding tables. ( 5 ) Division E—Matthew Shepard and J ames Byrd , Jr. H ate Crimes P revention Act (b) T ABLE O F CON T ENTS.—The table of contents for this Act is as follows: S ec. 1. Short title. Sec. 2. O rganization of A ct into divisions table of contents. Sec. 3 . C ongressional defense committees. D IV ISIO N A — DE P A R T M ENT O F DEFENSE A U T H ORI Z ATIONS TIT L E I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Army. Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. Sec. 10 4 . Defense -w ide activities. Sec. 10 5 . National G uard and Reserve e q uipment. Sec. 10 6 . Mine Resistant Ambush Protected Vehicle Fund. Sec. 10 7 . Relation to funding table. Subtitle B —Army Programs Sec. 111. Procurement of Future Combat Systems spin out early-infantry brigade combat team equipment. Subtitle C—Navy Programs Sec. 121. Littoral Combat Ship program. Sec. 122. Treatment of Littoral Combat Ship program as a ma j or defense acquisi- tion program. Sec. 123. Report on strategic plan for homeporting the Littoral Combat Ship. Nation a lDef en s e Au t h o r i z ation A c t for F iscal Y ear 201 0 .O ct. 2 8, 200 9[H . R .2 647]


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 123STA T . 21 9 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Sec.124 . Advan ce pro c u re m en tf und i n g . Sec. 12 5 . P rocurement program s for future nava l surface com b atants. Sec. 12 6 . F ord - class aircraft carrier report. Sec. 12 7 . R eport on a service life e x tension program for O liver H a z ard Perr y class frigates. Sec. 12 8 . C onditional multiyear procurement aut h ority for F / A – 18 E, F/A–18F, or EA–18 G aircraft. Subtitle D— Air Force Programs Sec. 1 3 1. Report on the procurement of 4.5 generation fighter aircraft. Sec. 132. Revised availability of certain funds available for the F–22A fighter air- craft. Sec. 133. Preservation and storage of uni q ue tooling for F–22 fighter aircraft. Sec. 134. AC–13 0 gunships. Sec. 135. Report on E–8C J oint Surveillance and T arget Attac k Radar System re- engining. Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft. Sec. 137. L imitation on retirement of C–5 aircraft. Sec. 138. Reports on strategic airlift aircraft. Sec. 13 9 . Strategic airlift force structure. Subtitle E—Joint and M ultiservice Matters Sec. 141. B ody armor procurement. Sec. 142. U nmanned cargo-carrying-capable aerial vehicles. Sec. 143. Modification of nature of data link for use by tactical unmanned aerial vehicles. T I TLE II—RESEARCH, DE V ELOPME N T, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Sec. 202. Relation to funding table. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Extension and enhancement of Global Research W atch Program. Sec. 212. Permanent authority for the Joint Defense Manufacturing Technology Panel. Sec. 213. Elimination of report requirements regarding Defense Science and Tech- nology Program. Sec. 214. Authorization for the Secretary of the Navy to purchase infrastructure and Government purpose rights license associated w ith the Navy-Ma- rine Corps intranet. Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission Submersible program. Sec. 216. Separate program elements required for research and development of in- dividual body armor and associated components. Sec. 217. Separate procurement and research, development, test, and evaluation line items and program elements for the F-35B and F-35C j oint strike fighter aircraft. Sec. 218. Restriction on obligation of funds for Army tactical ground network pro- gram pending receipt of report. Sec. 219. Programs for ground combat vehicle and self-propelled howitzer capabili- ties for the Army. Sec. 220. Guidance on budget justification materials describing funding requested for operation, sustainment, modernization, and personnel of major ranges and test facilities. Sec. 221. Assessment of technological maturity and integration risk of Army mod- ernization programs. Sec. 222. Assessment of activities for technology modernization of the combat vehi- cle and armored tactical wheeled vehicle fleets. Subtitle C—Missile Defense Programs Sec. 231. Sense of Congress on ballistic missile defense. Sec. 232. Assessment and plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System. Sec. 233. Continued production of Ground-based Interceptor missile and operation of Missile Field 1 at Fort Greely, Alaska. Sec. 234. Limitation on availability of funds for acquisition or deployment of missile defenses in Europe. Sec. 235. Authorization of funds for development and deployment of alternative missile defense systems in Europe.


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 123STA T . 21 9 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Sec.236 . Compr e h e nsiv ep la n f or t est an d eval u ation of the b allistic missile de - fense s y stem. Sec. 23 7 . Study on discrimination capabilities of ballistic missile defense system. Sec. 23 8 . A scent phase missile defense strate g y and plan. Sec. 23 9 . Ex tension of deadline for study on boost-phase missile defense. Subtitle D—R eports Sec. 2 41 . Repeal of re q uirement for biennial j oint w arfighting science and tech- nology plan. Sec. 242. M odification of reporting requirement for defense nanotechnology re- search and development program. Sec. 243. Comptroller G eneral assessment of coordination of energy storage device requirements , purchases, and investments. Sec. 244. Annual Comptroller General report on the F– 3 5L ightning I I aircraft ac- quisition program. Sec. 245. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities. Sec. 246. Report on future research and development of man-portable and vehicle- mounted guided missile systems. Sec. 247. Report on the development of command and control systems. Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems. Subtitle E— O ther Matters Sec. 251. Enhancement of duties of Director of Department of Defense T est Re- source Management Center with respect to the Major Range and Test Facility B ase. Sec. 252. Establishment of program to enhance participation of historically blac k colleges and universities and minority-serving institutions in defense re- search programs. Sec. 253. Extension of authority to award pri z es for advanced technology achieve- ments. Sec. 254. Authority for N ational Aeronautics and Space Administration federally funded research and development centers to participate in merit-based technology research and development programs. Sec. 255. Next generation bomber aircraft. TITLE III—O P ERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 3 0 1. Operation and maintenance funding. Sec. 302. Relation to funding table. Subtitle B—Environmental Provisions Sec. 311. Clarification of requirement for use of available funds for Department of Defense participation in conservation banking programs. Sec. 312. Reauthorization of title I of Sikes Act. Sec. 313. Authority of Secretary of a military department to enter into interagency agreements for land management on Department of Defense installa- tions. Sec. 314. Reauthorization of pilot program for invasive species management for military installations in Guam. Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in connection with the Former Nansemond Ordnance Depot Site, Suffolk, V irginia. Sec. 316. Procurement and use of munitions. Sec. 317. Prohibition on disposing of waste in open-air burn pits. Sec. 318. Military munitions response sites. Subtitle C— W orkplace and Depot Issues Sec. 321. Public-private competition required before conversion of any Department of Defense function performed by civilian employees to contractor per- formance. Sec. 322. Time limitation on duration of public-private competitions. Sec. 323. Policy regarding installation of major modifications and upgrades. Sec. 324. Modification of authority for Army industrial facilities to engage in coop- erative activities with non-Army entities. Sec. 325. Temporary suspension of public-private competitions for conversion of De- partment of Defense functions to performance by a contractor. Sec. 326. Requirement for debriefings related to conversion of functions from per- formance by Federal employees to performance by a contractor. Sec. 327. Amendments to bid protest procedures by Federal employees and agency officials in conversions of functions from performance by Federal em- ployees to performance by a contractor.


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 123STA T . 21 9 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Sec.328 . Improv eme nt o fi nventor y m a na g ement practice s . Sec. 32 9 . M o d ification of date for s ub mitta l to C ongress of annual report on funding for public and private performance of depot - level maintenance and re- pair w or k loads. Subtitle D—E nergy Security Sec. 33 1 . A ut h ori z ation of appropriations for Director of O perational Energy. Sec. 332. E x tension and expansion of reporting re q uirements regarding Depart- ment of Defense energy efficiency programs. Sec. 333. R eport on implementation of Comptroller G eneral recommendations on fuel demand management at forward-deployed locations. Sec. 33 4 . Report on use of renewable fuels to meet energy requirements of Depart- ment of Defense. Sec. 33 5 . Energy security on Department of Defense installations. Subtitle E—Reports Sec. 341. Annual report on procurement of military working dogs. Sec. 342. P lan for managing vegetative encroachment at training ranges. Sec. 343. Comptroller General report on the sustainment strategy for the A V -8 BH arrier aircraft. Sec. 344. Study on Army modularity. Subtitle F —Other Matters Sec. 351. Authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes. Sec. 352. Policy on ground combat and camouflage utility uniforms. Sec. 353. Condition-based maintenance demonstration programs. Sec. 354. Extension of arsenal support program initiative. T IT L E IV—MILITAR Y PERSO N NEL A U THORI Z ATIONS Subtitle A—Active Forces Sec. 4 0 1. End strengths for active forces. Sec. 402. Revision in permanent active duty end strength minimum levels. Sec. 403. Additional authority for increases of Army active-duty end strengths for fiscal years 2011 and 2012. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserves. Sec. 413. End strengths for military technicians ( dual status ) . Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 41 6 . Submittal of options for creation of Trainees , Transients, Holdees, and Students account for the Army National Guard. Sec. 41 7 . Report on requirements of the National Guard for non-dual status techni- cians. Sec. 418. Expansion of authority of Secretaries of the military departments to in- crease certain end strengths to include Selected Reserve end strengths. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. Sec. 422. Repeal of delayed one-time shift of military retirement payments. TITLE V—MILITARY PERSONNEL POLICY Subtitle A—Officer Personnel Policy Sec. 501. Grade of Legal Counsel to the Chairman of the J oint Chiefs of Staff. Sec. 502. Modification of limitations on general and flag officers on active duty. Sec. 503. Revisions to annual reporting requirement on j oint officer management. Sec. 504. Extension of temporary increase in maximum number of days leave mem- bers may accumulate and carryover. Sec. 505. Computation of retirement eligibility for enlisted members of the Navy who complete the Seaman to Admiral (STA – 21) officer candidate pro- gram. Sec. 506. Independent review of judge advocate requirements of the Department of the Navy. Subtitle B—General Service Authorities Sec. 511. Continuation on active duty of reserve component members during phys- ical disability evaluation following mobilization and deployment.


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 123STA T . 21 94PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 Sec.512 . M e di c al e x a m i n a t i o n r e qu ired b e f ore admini s trati v ese p aration of mem - bers dia g nosed w it h or reasonabl y asserting post-traumatic stress dis- order or traumatic brain in j ury. Sec. 51 3 . L egal assistance for additional reserve component members. Sec. 51 4 . Limitation on scheduling of mobili z ation or pre-mobilization training for R eserve units when certain suspension of training is li k ely. Sec. 515. E valuation of test of utility of test preparation guides and education pro- grams in improving qualifications of recruits for the A rmed F orces. Sec. 51 6 . Report on presence in the Armed Forces of members associated or affili- ated with groups engaged in prohibited activities. Subtitle C— Education and T raining Sec. 521. D etail of commissioned officers as students at schools of psychology. Sec. 522. Appointment of persons enrolled in Advanced Course of the Army Reserve O fficers ’ Training Corps at military junior colleges as cadets in Army Reserve or Army N ational G uard of the U nited States. Sec. 523. Expansion of criteria for appointment as member of the B oard of Regents of the Uniformed Services University of the H ealth Sciences. Sec. 524. Use of Armed Forces Health P rofessions Scholarship and Financial As- sistance program to increase number of health professionals with skills to assist in providing mental health care. Sec. 525. Department of Defense undergraduate nurse training program. Sec. 526. I ncrease in number of private sector civilians authorized for admission to National Defense University. Sec. 52 7 . Appointments to military service academies from nominations made by Delegate from the Commonwealth of the Northern Mariana Islands. Sec. 52 8 . Athletic association for the Air Force Academy. Sec. 52 9 . Language training centers for members of the Armed Forces and civilian employees of the Department of Defense. Subtitle D—Defense Dependents’ Education Sec. 531. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Sec. 532. Impact aid for children with severe disabilities. Sec. 533. Two-year extension of authority for assistance to local educational agen- cies with enrollment changes due to base closures , force structure changes, or force relocations. Sec. 534. Authority to extend eligibility for enrollment in Department of Defense el- ementary and secondary schools to certain additional categories of de- pendents. Sec. 535. Permanent authority for enrollment in defense dependents’ education sys- tem of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe. Sec. 536. Determination of number of weighted student units for local educational agencies for receipt of basic support payments under impact aid. Sec. 537. Study on options for educational opportunities for dependent children of members of the Armed Forces when public schools attended by such children are determined to need improvement. Sec. 538. Comptroller General audit of assistance to local educational agencies for dependent children of members of the Armed Forces. Sec. 539. Sense of Congress on the Interstate Compact on Educational Opportunity for Military Children. Subtitle E—Missing or Deceased Persons Sec. 541. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing in con- flicts occurring before enactment of new system for accounting for miss- ing persons. Sec. 542. Policy and procedures on media access and attendance by family members at ceremonies for the dignified transfer of remains of members of the Armed Forces who die overseas. Sec. 543. Report on expansion of authority of a member to designate persons to di- rect disposition of the remains of a deceased member. Sec. 544. Sense of Congress on the recovery of the remains of members of the Armed Forces who were killed during W orld War II in the battle of Tarawa Atoll. Subtitle F—Decorations and Awards Sec. 551. Authorization and request for award of Medal of Honor to Anthony T. K aho’ohanohano for acts of valor during the Korean War.


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 123STA T . 21 95PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Sec.5 5 2 . Authoriza tio n an d re q ue s t f ora w ard of D istin g uished - Ser v ice C ross to J ac kT . Stewart for acts of va l or during the V ietna mW ar. Sec. 55 3 . Authorization and request for award of Distinguished-Service Cross to William T. M iles , Jr., for acts of valor during the K orean War. Su b title G— Militar yF amily R eadiness Matters Sec. 5 61 . E stablishment of online resources to p rovide information about benefits and services available to members of the Armed Forces and their fami- lies. Sec. 562. Additional members on Department of Defense Military Family Readiness Council. Sec. 563. Support for military families with special needs. Sec. 56 4 . P ilot program to secure internships for military spouses with Federal agencies. Sec. 565. Family and medical leave for family of servicemembers. Sec. 566. Deadline for report on se x ual assault in the Armed Forces by Defense Task Force on Sexual Assault in the Military Services. Sec. 56 7 . I mproved prevention and response to allegations of sexual assault involv- ing members of the Armed Forces. Sec. 56 8 . Comptroller General report on progress made in implementing rec- ommendations to reduce domestic violence in military families. Sec. 56 9 . Report on impact of domestic violence on military families. Sec. 57 0 . Report on international intrafamilial abduction of children of members of the Armed Forces. Sec. 571. Assessment of impact of deployment of members of the Armed Forces on their dependent children. Sec. 572. Report on child custody litigation involving service of members of the Armed Forces. Sec. 573. Comptroller General report on child care assistance for members of the Armed Forces. Subtitle H —Military Voting Sec. 575. Short title. Sec. 576. Clarification regarding delegation of State responsibilities to local j uris- dictions. Sec. 577. Establishment of procedures for absent uniformed services voters and overseas voters to request and for States to send voter registration ap- plications and absentee ballot applications by mail and electronically. Sec. 578. Establishment of procedures for States to transmit blank absentee ballots by mail and electronically to absent uniformed services voters and over- seas voters. Sec. 579. Ensuring absent uniformed services voters and overseas voters have time to vote. Sec. 580. Procedures for collection and delivery of marked absentee ballots of ab- sent overseas uniformed services voters. Sec. 581. Federal write-in absentee ballot. Sec. 582. Prohibiting refusal to accept voter registration and absentee ballot appli- cations, marked absentee ballots, and Federal write-in absentee ballots for failure to meet certain requirements. Sec. 583. Federal Voting Assistance Program Improvements. Sec. 584. Development of standards for reporting and storing certain data. Sec. 585. Repeal of provisions relating to use of single application for all subse- quent elections. Sec. 586. Reporting requirements. Sec. 587. Annual report on enforcement. Sec. 588. Requirements payments. Sec. 589. Technology pilot program. Subtitle I— O ther Matters Sec. 591. Clarification of performance policies for military musical units and musi- cians. Sec. 592. N avy grants for purposes of Naval Sea Cadet Corps. Sec. 593. Modification of matching fund requirements under National Guard Y outh Challenge Program. Sec. 594. Expansion of Military L eadership Diversity Commission to include re- serve component representatives. Sec. 595. Expansion of suicide prevention and community healing and response training under the Yellow Ribbon Reintegration Program. Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of substance use disorders and disposition of substance abuse offenders in the Armed Forces.


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 123STA T . 21 96PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Sec.597 . R e ports o nY e l lo w R ib bon Reinte g r a tion P rogra m an d ot h er reintegration programs. Sec. 59 8 . Reports on progress in completion o f certain incident information man - agement tools. TI T LEV I —COM PE N S A TION AN D OT H ER PERSONNEL B ENE F ITS S u btitle A—Pa y and Allowances Sec. 601 . Fiscal year 2 010 increase in military basic pay. Sec. 602. Increase in ma x imum monthly amount of supplemental subsistence allow- ance for low-income members with dependents. Sec. 60 3 . Special compensation for members of the uniformed ser v ices with cata- strophic in j uries or illnesses re q uiring assistance in everyday living. Sec. 60 4 . Benefits under Post-Deployment / Mobili z ation Respite Absence program for certain periods before implementation of program. Sec. 605. Report on housing standards and housing surveys used to determine basic allowance for housing. Sec. 606. Comptroller G eneral comparative assessment of military and private-sec- tor pay and benefits. Subtitle B—Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain bonus and special pay authorities for re- serve forces. Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals. Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi- cers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay , incentive pay, and bonus authorities. Sec. 615. One-year extension of authorities relating to payment of other title 37 bo- nuses and special pays. Sec. 616. One-year extension of authorities relating to payment of referral bonuses. Sec. 617. Technical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses and similar bene- fits for certain members. Sec. 618. Proration of certain special and incentive pays to reflect time during which a member satisfies eligibility requirements for the special or in- centive pay. Sec. 619. Additional assignment pay or special duty pay authorized for members agreeing to serve in Afghanistan for extended periods. Sec. 620. Temporary authority for monthly special pay for members of the Armed Forces subject to continuing active duty or service under stop-loss au- thorities. Sec. 621. Army authority to provide additional recruitment incentives. Sec. 622. Report on recruitment and retention of members of the Air Force in nu- clear career fields. Subtitle C—Travel and Transportation Allowances Sec. 631. Travel and transportation for survivors of deceased members of the uni- formed services to attend memorial ceremonies. Sec. 632. Travel and transportation allowances for designated individuals of wounded, ill, or injured members of the uniformed services for duration of inpatient treatment. Sec. 633. Authorized travel and transportation allowances for non-medical attend- ants for very seriously and seriously wounded, ill, or injured members. Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on ac- tive duty and their dependents for travel for specialty care under excep- tional circumstances. Sec. 635. Report on adequacy of weight allowances for transportation of baggage and household effects for members of the uniformed services. Subtitle D—Disability, Retired Pay, and Survivor Benefits Sec. 641. Transition assistance for reserve component members injured while on ac- tive duty. Sec. 642. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement. Sec. 643. Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement. Sec. 644. Report on re-determination process for permanently incapacitated de- pendents of retired and deceased members of the Armed Forces.


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 123STA T . 21 97PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Sec.645 . Tr e atm e n ta s act iv e service fo r retire dp a y p u rposes of service as mem b er of Al as k a Territorial G uard durin gW orld War I I. Subtitle E—C ommissary and N onappropriated F und Instrumentality B enefits and O perations Sec. 65 1 . L imitation on D epartment of Defense entities offering personal informa - tion services to members and t h eir dependents. Sec. 65 2 . R eport on impact of purchasing from local distributors all alcoholic bev- erages for resale on military installations on Guam. Subtitle F—Other M atters Sec. 661. Limitations on collection of overpayments of pay and allo w ances erro- neously paid to members. Sec. 662. Sense of Congress on airfares for members of the Armed Forces. Sec. 66 3 . Sense of Congress on establishment of fle x ible spending arrangements for the uniformed services. Sec. 664. Sense of Congress regarding support for compensation , retirement, and other military personnel programs. TITLE V II— H EALTH CARE P ROVISIONS Subtitle A—Improvements to Health Benefits Sec. 70 1. Prohibition on conversion of military medical and dental positions to civil- ian medical and dental positions. Sec. 702. Health care for members of the reserve components. Sec. 703. Enhancement of transitional dental care for members of the reserve com- ponents on active duty for more than 30 days in support of a contin- gency operation. Sec. 704. Expansion of survivor eligibility under TRICARE dental program. Sec. 705. TRICARE Standard coverage for certain members of the Retired Reserve who are q ualified for a non-regular retirement but are not yet age 60. Sec. 706. Constructive eligibility for TRICARE benefits of certain persons otherwise ineligible under retroactive determination of entitlement to Medicare part A hospital insurance benefits. Sec. 707. Notification of certain individuals regarding options for enrollment under Medicare part B. Sec. 70 8 . Mental health assessments for members of the Armed Forces deployed in connection with a contingency operation. Sec. 70 9 . Temporary TRICARE inpatient fee modification. Subtitle B—Health Care Administration Sec. 711. Comprehensive policy on pain management by the military health care system. Sec. 712. Administration and prescription of psychotropic medications for members of the Armed Forces before and during deployment. Sec. 713. Cooperative health care agreements between military installations and non-military health care systems. Sec. 714. Plan to increase the mental health capabilities of the Department of De- fense. Sec. 715. Department of Defense study on management of medications for phys- ically and psychologically wounded members of the Armed Forces. Sec. 716. Limitation on obligation of funds under defense health program informa- tion technology programs. Subtitle C—Other Matters Sec. 721. Study and plan to improve military health care. Sec. 722. Study, plan, and pilot for the mental health care needs of dependent chil- dren of members of the Armed Forces. Sec. 723. Clinical trial on cognitive rehabilitative therapy for members and former members of the Armed Forces. Sec. 724. Department of Defense Task Force on the Care, Management, and Tran- sition of Recovering Wounded, Ill, and In j ured Members of the Armed Forces. Sec. 725. Chiropractic clinical trials. Sec. 726. Independent study on post-traumatic stress disorder efforts. Sec. 727. Report on implementation of requirements on the relationship between the TRICARE program and employer-sponsored group health plans. Sec. 728. Report on stipends for members of reserve components for health care for certain dependents.


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 123STA T . 21 98PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 09 TI T LEV III —ACQU I S ITI ONP OLIC Y, ACQUISITION M ANA G EMENT, AN DR ELATED MATTERS S ubti t le A—A cq ui s iti on Polic ya n d Mana g e m ent Sec .801 . Tem p o r ary aut h ority to acquire products and ser v ices produced in coun - tries along a ma j or route o f supply to Afghanistan report. Sec. 80 2 . Assessment of improvements in service contracting. Sec. 80 3 . Display of annual budget requirements for procurement of contract serv- ices and related clarifying technical amendments. Sec. 80 4 . Implementation of ne w acquisition process for information technology sys- tems. Sec. 80 5 . Life-cycle management and product support. Sec. 80 6 . Treatment of non-defense agency procurements under joint programs with intelligence community. Sec. 80 7 . Policy and requirements to ensure the safety of facilities, infrastructure, and equipment for military operations. Subtitle B —Amendments to General Contracting Authorities, Procedures, and Limitation Sec. 811. J ustification and approval of sole-source contracts. Sec. 812. Revision of Defense Supplement relating to payment of costs prior to definiti z ation. Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan. Sec. 814. Amendment to notification requirements for awards of single source tas k or delivery orders. Sec. 815. Clarification of uniform suspension and debarment requirement. Sec. 816. E x tension of authority for use of simplified acquisition procedures for cer- tain commercial items. Sec. 817. Reporting requirements for programs that qualify as both major auto- mated information system programs and major defense acquisition pro- grams. Sec. 818. Small arms production industrial base matters. Sec. 81 9 . Contract authority for advanced component development or prototype units. Sec. 820. Publication of notification of bundling of contracts of the Department of Defense. Subtitle C—Contractor Matters Sec. 821. Authority for Government support contractors to have access to technical data belonging to prime contractors. Sec. 822. Extension and enhancement of authorities on the Commission on W ar- time Contracting in Iraq and Afghanistan. Sec. 823. Authority for Secretary of Defense to reduce or deny award fees to compa- nies found to jeopardize health or safety of Government personnel. Subtitle D—Acquisition Workforce Matters Sec. 831. Enhancement of expedited hiring authority for defense acquisition work- force positions. Sec. 832. F unding of Department of Defense Acquisition Workforce Development Fund. Sec. 833. Review of post-employment restrictions applicable to the Department of Defense. Sec. 834. Review of Federal acquisition workforce training and hiring. Subtitle E—Other Matters Sec. 841. Reports to Congress on full deployment decisions for major automated in- formation system programs. Sec. 842. Authorization to take actions to correct the industrial resource shortfall for high-purity beryllium metal. Sec. 843. Report on rare earth materials in the defense supply chain. Sec. 844. Comptroller General report on structure and management of subcontrac- tors under contracts for major weapon systems. Sec. 845. Study of the use of factors other than cost or price as the predominate factors in evaluating competitive proposals for defense procurement con- tracts. Sec. 846. Repeal of requirements relating to the military system essential item breakout list. Sec. 847. Extension of SBIR and STTR programs of the Department of Defense. Sec. 848. Extension of authority for small business innovation research Commer- cialization Pilot Program.


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 123STA T . 21 9 9 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 TI T LE I X—D E PAR T M E N T OF DEFEN S EOR G ANI Z ATION AND MANAGEMENT S ubti t le A—De par t m e n t of Defen s e Mana g ement Se c.901 . Aut h orit y to allo w pri v ate sector civilians to receive instruction at De - fense C yber Investigations Training Aca d emy of the Defense Cyber Crime Center. Sec. 90 2 . Organi z ational structure of the Office of the Assistant Secretary of De- fense for H ealth Affairs and the TRICARE Management Activity. Sec. 90 3 . Sense of Congress regarding the Director of Operational Energy Plans and Programs. Sec. 90 4 . Increased fle x ibility for combatant commander initiative fund. Sec. 90 5 . Repeal of re q uirement for a Deputy U nder Secretary of Defense for Tech- nology Security Policy within the Office of the Under Secretary of De- fense for Policy. Sec. 90 6 . Deputy Under Secretaries of Defense and Assistant Secretaries of De- fense. Subtitle B —Space Activities Sec. 911. Submission and review of space science and technology strategy. Sec. 912. Provision of space situational awareness services and information to non- United States Government entities. Sec. 913. Management and funding strategy and implementation plan for the Na- tional Polar-Orbiting Operational Environmental Satellite System Pro- gram. Subtitle C—Intelligence-Related Matters Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds from counterintelligence operations. Sec. 922. Plan to address foreign ballistic missile intelligence analysis. Subtitle D—Other Matters Sec. 931. Implementation strategy for developing leap-ahead cyber operations capa- bilities. Sec. 932. Defense integrated military human resources system development and transition. Sec. 933. Report on special operations command organization , manning, and man- agement. Sec. 934. Study on the recruitment, retention, and career progression of uniformed and civilian military cyber operations personnel. Sec. 935. Plan on access to national airspace for unmanned aircraft systems. TITLE X—GENERAL PRO V ISIONS Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Relationship of the quadrennial defense review and the annual budget request. Sec. 1003. Audit readiness of financial statements of the Department of Defense. Subtitle B—Counter-Drug Activities Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. Sec. 1012. J oint tas k forces support to law enforcement agencies conducting counter-terrorism activities. Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug activities. Sec. 1014. Support for counter-drug activities of certain foreign governments. Sec. 1015. Border coordination centers in Afghanistan and Pakistan. Sec. 1016. Comptroller General report on effectiveness of accountability measures for assistance from counter-narcotics central transfer account. Subtitle C—Naval Vessels and Shipyards Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy. Sec. 1022. Designation of U.S.S. Constitution as America ’ s Ship of State. Sec. 1023. Temporary reduction in minimum number of operational aircraft car- riers. Sec. 1024. Sense of Congress concerning the disposition of Submarine NR – 1. Subtitle D—Miscellaneous Requirements, Authorities, and Limitations Sec. 1031. Prohibition relating to propaganda. Sec. 1032. Responsibility for preparation of biennial global positioning system re- port.


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 123STA T . 22 0 0 PUBLIC LA W 111 –84—O CT. 28 , 200 9Sec.103 3. R e ports o nba n dwi dt h re qu ire m ents f or ma j or defense acquisition pro -g rams and major s y stem acquisition programs. Sec. 103 4 . A dditiona l duties for ad v isory panel on D epartment of Defense capabili- ties for support of civil authorities after certain incidents. Sec. 103 5 . C harter for the N ational Reconnaissance O ffice. Sec. 103 6 . National strategic five-year plan for improving the nuclear forensic and attribution capabilities of the U nited States. Sec. 103 7 . Authori z ation of appropriations for payments to P ortuguese nationals employed by the Department of Defense. Sec. 103 8 . Prohibition on interrogation of detainees by contractor personnel. Sec. 103 9 . Notification and access of I nternational Committee of the Red Cross with respect to detainees at T heater Internment F acility at B agram Air Base , Afghanistan. Sec. 1040. No M iranda W arnings for Al Q aeda Terrorists. Sec. 1041. L imitation on use of funds for the transfer or release of individuals de- tained at United States Naval Station, G uantanamo Bay, Cuba. Sec. 104 2 . Additional subpoena authority for the Inspector General of the Depart- ment of Defense. Sec. 1043. Limitations on modifications of certain Government furnished equip- ment one-time authority to transfer certain military prototype. Subtitle E— Studies and Reports Sec. 1051. Report on statutory compliance of the report on the 2009 quadrennial defense review. Sec. 1052. Report on the force structure findings of the 2009 quadrennial defense review. Sec. 1053. Annual report on the electronic warfare strategy of the Department of Defense. Sec. 1054. Study on a system for career development and management of inter- agency national security professionals. Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear-weapons states and countries not par- ties to the Nuclear Non-Proliferation Treaty, and certain foreign per- sons. Sec. 1056. Comptroller General review of Department of Defense spending in final fiscal quarters. Sec. 1057. Report on Air America. Sec. 1058. Report on defense travel simplification. Sec. 1059. Report on modeling and simulation technological and industrial base. Sec. 1060. Report on enabling capabilities for special operations forces. Sec. 1061. Additional members and duties for the independent panel to assess the quadrennial defense review. Sec. 1062. Congressional earmar k s relating to the Department of Defense. Sec. 1063. Report on basing plans for certain United States geographic combatant commands. Subtitle F—Other Matters Sec. 1071. E x tension of certain authority for making rewards for combating ter- rorism. Sec. 1072. Business process reengineering. Sec. 1073. Technical and clerical amendments. Sec. 1074. Extension of sunset for congressional commission on the strategic pos- ture of the United States. Sec. 1075. Combat air forces restructuring. Sec. 1076. Sense of Congress regarding carrier air wing force structure. Sec. 1077. Department of V eterans Affairs use of service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabil- ities. Sec. 1078. Plan for sustainment of land-based solid rocket motor industrial base. Sec. 1079. J ustice for victims of torture and terrorism. Sec. 1080. Requirement for videotaping or otherwise electronically recording stra- tegic intelligence interrogations of persons in the custody of or under the effective control of the Department of Defense. Sec. 1081. Modification of pilot program on commercial fee-for-service air refueling support for the air force. Sec. 1082. Multiyear contracts under pilot program on commercial fee-for-service air refueling support for the Air Force. Sec. 1083. Disclosure of names of students and instructors at Western H emisphere Institute for Security Cooperation. Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute for Secu- rity Cooperation.


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 123STA T . 22 0 1 PUBLIC LA W 111 –84—O CT. 28 , 200 9TI T LEX I —C I V ILI ANP E RSO NNEL M ATTERS S ubti t le A—Pe rson nel Se c.1 1 0 1. Aut h orit y toe mp loy in d i v idu a ls completin g the National Security Edu - cation Program. Sec. 110 2 . Authority f or employment by D epartment of Defense of individuals w ho have successfully completed the re q uirements of the science , mathe- matics, and research for transformation ( SMART ) defense scholarship program. Sec. 110 3 . Authority for the employment of individuals who have successfully com- pleted the Department of Defense information assurance scholarship program. Sec. 110 4 . E x tension and modification of experimental personnel management pro- gram for scientific and technical personnel. Sec. 110 5 . Modification to Department of Defense laboratory personnel authority. Sec. 110 6 . One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for F ederal civilian employees wor k ing overseas. Sec. 110 7 . Extension of certain benefits to Federal civilian employees on official duty in Pakistan. Sec. 110 8 . Requirement for Department of Defense strategic workforce plans. Sec. 110 9 . Ad j ustments to limitations on personnel and requirement for annual manpower reporting. Sec. 1110. Pilot program for the temporary exchange of information technology per- sonnel. Sec. 1111. Availability of funds for compensation of certain civilian employees of the Department of Defense. Sec. 1112. Department of defense civilian leadership program. Sec. 1113. Provisions relating to the National Security Personnel System. Sec. 1114. Provisions relating to the Defense Civilian Intelligence Personnel Sys- tem. Subtitle B —Provisions Relating to Reemployment of Annuitants Sec. 1121. Authority to expand scope of provisions relating to unreduced compensa- tion for certain reemployed annuitants. Sec. 1122. Part-time reemployment. Sec. 1123. G overnment Accountability Office report. TITLE XII—MATTERS RELATING TO FOREIGN NATIONS Subtitle A—Assistance and Training Sec. 1201. One-year extension of authority for security and stabili z ation assist- ance. Sec. 1202. Expansion of authority and modification of notification and reporting requirements for use of authority for support of special operations to combat terrorism. Sec. 1203. Modification of report on foreign-assistance related programs carried out by the Department of Defense. Sec. 1204. Report on authorities to build the capacity of foreign military forces and related matters. Sec. 1205. Authority to provide administrative services and support to coalition li- aison officers of certain foreign nations assigned to U nited States J oint Forces Command. Sec. 1206. Modification of authorities relating to program to build the capacity of foreign military forces. Sec. 1207. Authority for non-reciprocal exchanges of defense personnel between the United States and foreign countries. Sec. 1208. Report on alternatives to use of acquisition and cross-servicing agree- ments to lend military equipment for personnel protection and surviv- ability. Sec. 1209. Enhancing Iraqi security through defense cooperation between the United States and Iraq. Sec. 1210. Availability of appropriated funds for the State Partnership Program. Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan Sec. 1221. Limitation on availability of funds for certain purposes relating to Iraq. Sec. 1222. One-year extension and expansion of Commanders ’ Emergency Re- sponse Program. Sec. 1223. Modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1224. Pakistan Counterinsurgency Fund.


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 123STA T . 22 0 2 PUBLIC LA W 111 –84—O CT. 28 , 200 9Sec.12 2 5 . Prog r amt o p ro vid e f ort h e regi s tratio n and end -u se monitoring of de- fense artic l es and defense services transferred to A fghanistan and Pa k i- stan. Sec. 122 6 . R eports on campaign plans for I ra q and Afghanistan. Sec. 122 7 . Report on responsi b le redeplo y ment of U nited States Armed F orces from Iraq. Sec. 122 8 . Report on community-based security programs in Afghanistan. Sec. 122 9 . Updates of report on command and control structure for military forces operating in Afghanistan. Sec. 12 30 . Report on feasibility and desirability of establishing general uniform procedures and guidelines for the provision of monetary assistance by the United States to civilian foreign nationals for losses incident to com- bat activities of the armed forces. Sec. 1231. Assessment and report on United States-Pakistan military relations and cooperation. Sec. 1232. Report on progress to w ard security and stability in Pakistan. Sec. 1233. Repeal of G A O war-related reporting requirement. Sec. 123 4 . Authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan. Sec. 1235. Analysis of required force levels and types of forces needed to secure southern and eastern regions of Afghanistan. Sec. 1236. M odification of report on progress toward security and stability in Af- ghanistan. Sec. 1237. N o permanent military bases in Afghanistan. Subtitle C— Other Matters Sec. 1241. Report on United States engagement with Iran. Sec. 1242. Annual counterterrorism status reports. Sec. 1243. Report on United States contributions to the United Nations. Sec. 1244. NA T O Special Operations Coordination Center. Sec. 1245. Annual report on military power of Iran. Sec. 1246. Annual report on military and security developments involving the Peo- ple ’ s Republic of China. Sec. 1247. Report on impacts of drawdown authorities on the D epartment of De- fense. Sec. 1248. Risk assessment of United States space e x port control policy. Sec. 1249. Patriot air and missile defense battery in Poland. Sec. 1250. Report on potential foreign military sales of the F – 22A fighter aircraft. Sec. 1251. Report on the plan for the nuclear weapons stockpile , nuclear weapons complex, and delivery platforms and sense of Congress on follow-on ne- gotiations to START Treaty. Sec. 1252. Map of mineral-rich z ones and areas under the control of armed groups in the Democratic Republic of the Congo. Sec. 1253. Sense of Congress relating to Israel. Sec. 1254. Sense of Congress on imposing sanctions with respect to Iran. Sec. 1255. Report and sense of Congress on North K orea. Sec. 1256. Report on potential missile defense cooperation with Russia. Subtitle D— V OIC E Act Sec. 1261. Short title. Sec. 1262. Authorization of appropriations. Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund. Sec. 1264. Annual report. Sec. 1265. Report on actions by non-Iranian companies. Sec. 1266. H uman rights documentation. TIT L E X III—COOPERATIVE THREAT REDUCTION Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. Sec. 1302. Funding allocations. Sec. 1303. Utilization of contributions to the Cooperative Threat Reduction Pro- gram. Sec. 1304. Metrics for the Cooperative Threat Reduction Program. Sec. 1305. Cooperative Threat Reduction Program authority for urgent threat re- duction activities. Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts Program. TITLE XIV—OTHER AUTHORI Z ATIONS Subtitle A—Military Programs Sec. 1401. W orking capital funds. Sec. 1402. National Defense Sealift Fund.


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 123STA T . 22 0 3 PUBLIC LA W 111 –84—O CT. 28 , 200 9Sec.1403 . Ch e mi c al a g e nts an d m u niti o ns dest r uction , de f ense. Sec. 1404. D rug I nterdiction and Counter - Drug A cti v ities, Defense- w ide. Sec. 140 5 . Defense Ins p ector G eneral. Sec. 140 6 . Defense H ealth P rogram. Sec. 140 7 . R elation to funding ta b le. Subtitle B—N ational Defense Stoc k pile Sec. 1411. Authori z ed uses of National Defense Stockpile funds. Sec. 141 2 . Ex tension of previousl y authorized disposal of cobalt from National De- fense Stockpile. Sec. 1413. Report on implementation of reconfiguration of the National Defense Stockpile. Subtitle C—Armed F orces Retirement Home Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. T IT L E XV —A U TH O RI Z ATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENC Y OPERATIONS Sec. 1501. Purpose. Sec. 1502. Army procurement. Sec. 1503. J oint Improvised Explosive Device Defeat Fund. Sec. 1504. Navy and M arine Corps procurement. Sec. 1505. Air Force procurement. Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund. Sec. 1507. Defense-wide activities procurement. Sec. 150 8 . Research, development, test, and evaluation. Sec. 150 9 . Operation and maintenance. Sec. 1510. Limitations on availability of funds in Afghanistan Security Forces Fund. Sec. 1511. Limitations on Ira q Security Forces Fund. Sec. 1512. Military personnel. Sec. 1513. W orking capital funds. Sec. 1514. Defense Health Program. Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1516. Defense Inspector General. Sec. 1517. Relation to funding tables. Sec. 1518. Continuation of prohibition on use of United States funds for certain fa- cilities pro j ects in Iraq. Sec. 1519. Treatment as additional authorizations. Sec. 1520. Special transfer authority. TITLE XVII—DEPARTMENT OF DEFENSE – DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION PROJECT Sec. 1701. Demonstration project authority. Sec. 1702. Transfer of property. Sec. 1703. Transfer of civilian personnel of the Department of Defense. Sec. 1704. Joint funding authority. Sec. 1705. Eligibility of members of the uniformed services for care and services. Sec. 1706. Extension of DOD–VA Health Care Sharing Incentive Fund. TITLE XVIII—MILITARY COMMISSIONS Sec. 1801. Short title. Sec. 1802. Military commissions. Sec. 1803. Conforming amendments. Sec. 1804. Proceedings under prior statute. Sec. 1805. Submittal to Congress of revised rules for military commissions. Sec. 1806. Annual reports to Congress on trials by military commission. Sec. 1807. Sense of Congress on military commission system. TITLE XIX—FEDERAL EMPLOYEE BENEFITS Subtitle A—General Provisions Sec. 1901. Credit for unused sick leave. Sec. 1902. Limited expansion of the class of individuals eligible to receive an actu- arially reduced annuity under the Civil Service Retirement System. Sec. 1903. Computation of certain annuities based on part-time service. Sec. 1904. Authority to deposit refunds under FERS. Sec. 1905. Retirement credit for service of certain employees transferred from Dis- trict of Columbia service to Federal service. Subtitle B—Non-Foreign Area Retirement Equity Assurance Sec. 1911. Short title.


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 123STA T . 22 04PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9Sec.19 1 2 . Ext e nsio no fl oc a lit yp ay. Sec. 191 3 . Adju st m ent of special r ates. Sec. 191 4 . T ransition sc h edule for locality -b ased comparability payments. Sec. 191 5 . Sa v in g s provision. Sec. 191 6 . Application to other eligible employees. Sec. 191 7 . Election of additional basic pay for annuity computation by employees. Sec. 191 8 . R egulations. Sec. 1919. Effective dates. DIV ISI ONB—M I L ITAR YC ONSTR U CTION AUT H ORI Z ATIONS Sec. 2 0 01. Short title. Sec. 2002. Expiration of authori z ations and amounts re q uired to be specified by la w. Sec. 2003. Relation to funding tables. Sec. 2004. G eneral reduction across division. TITLE X XI—ARMY Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. F amily housing. Sec. 2103. Improvements to military family housing units. Sec. 2104. Authorization of appropriations , Army. Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project. Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects. TITLE XXII—NAVY Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification and extension of authority to carry out certain fiscal year 2006 project. TITLE XXIII—AIR FORCE Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Termination of authority to carry out certain fiscal year 2009 Air Force project. Sec. 2306. Extension of authorizations of certain fiscal year 2007 projects. Sec. 2307. Extension of authorizations of certain fiscal year 2006 projects. Sec. 2308. Conveyance to Indian tribes of certain housing units. TITLE XXIV—DEFENSE AGENCIES Subtitle A—Defense Agency Authorizations Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Family Housing. Sec. 2403. Energy conservation projects. Sec. 2404. Authorization of appropriations, Defense Agencies. Sec. 2405. Termination or modification of authority to carry out certain fiscal year 2009 projects. Sec. 2406. Modification of authority to carry out certain fiscal year 2008 project. Sec. 2407. Extension of authorizations of certain fiscal year 2007 project. Subtitle B—Chemical Demilitarization Authorizations Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide. TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT P ROGRAM Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.


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 123STA T . 22 05PUBLIC LA W 111 –84—O CT. 28 , 200 9Sec.2604 . Authoriz e d Air Na tio n a lG uard con s truction and land ac q uisition p ro j ects. Sec. 260 5 . Authorized Air F orce R eser v e construction and land acquisition projects. Sec. 2606. Authorization o f appropriations , National Guard and Reserve. Sec. 260 7 . Ex tension of authorizations of certain fiscal y ear 2007 projects. Sec. 260 8 . Extension of authorizations of certain fiscal year 2006 project. TI T L E X X V II —B ASE C L O S U RE AN D REALIGN M ENT ACTIVITIES Su b title A—Authorizations Sec. 270 1 . Authorization of appropriations for base closure and reali g n m ent activi - ties funded through Department of Defense Base Closure Account 1 9 90. Sec. 2702. Authorized base closure and realignment activities funded through De- partment of Defense Base Closure Account 2005. Sec. 270 3 . Authorization of appropriations for base closure and realignment activi- ties funded through Department of Defense Base Closure Account 2005. Subtitle B—Other Matters Sec. 2711. Relocation of certain Army Reserve units in Connecticut. Sec. 2712. Authority to construct Armed Forces Reserve Center in vicinity of P ease Air National Guard Base, Ne wH ampshire. Sec. 2713. Sense of Congress on ensuring joint basing recommendations do not ad- versely affect operational readiness. Sec. 2714. Requirements related to providing world class military medical facilities in the National Capital Region. Sec. 2715. Use of economic development conveyances to implement base closure and realignment property recommendations. TITLE XXVIII—MILITAR Y CONSTRUCTION GENERAL PROVISIONS Subtitle A—Military Construction Program and Military Family Housing Changes Sec. 2801. Modification of unspecified minor construction authorities. Sec. 2802. Congressional notification of facility repair projects carried out using op- eration and maintenance funds. Sec. 2803. Modification of authority for scope of wor k variations. Sec. 2804. Modification of conveyance authority at military installations. Sec. 2805. Imposition of requirement that acquisition of reserve component facili- ties be authorized by law. Sec. 2806. Authority to use operation and maintenance funds for construction projects inside the United States Central Command area of responsi- bility. Sec. 2807. Expansion of First Sergeants Barracks Initiative. Sec. 2808. Reports on privatization initiatives for military unaccompanied housing. Sec. 2809. Report on Department of Defense contributions to States for acquisition, construction, expansion, rehabilitation, or conversion of reserve compo- nent facilities. Subtitle B—Real Property and Facilities Administration Sec. 2821. Modification of utility systems conveyance authority. Sec. 2822. Report on global defense posture realignment and interagency review. Sec. 2823. Property and facilities management of the Armed Forces Retirement Home. Sec. 2824. Acceptance of contributions to support cleanup efforts at former Alma- den Air Force Station, California. Sec. 2825. Selection of military installations to serve as locations of brigade combat teams. Sec. 2826. Report on Federal assistance to support communities adversely impacted by expansion of military installations. Subtitle C—Provisions Related to Guam Realignment Sec. 2831. Role of Department of Defense in management and coordination of De- fense activities relating to Guam realignment. Sec. 2832. Clarifications regarding use of special purpose entities to assist with Guam realignment. Sec. 2833. W orkforce issues related to military construction and certain other transactions on Guam. Sec. 2834. Composition of workforce for construction projects funded through the Support for United States Relocation to Guam Account. Sec. 2835. Interagency Coordination Group of Inspectors General for Guam Re- alignment. Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on ac- ceptance of replacement facility for Marine Corps Air Station, Futenma, Okinawa.