National Defense Authorization Act for Fiscal Year 2010

Bill Number: 
H.R. 2647
Bill Status: 
Bill passed by House or Senate
Bill Location: 
House of Representatives
Date of Last Action: 
Thursday, June 25, 2009
Link to entire bill at the Library of Congress site.
Relevant Text: 

HR 2647 EH

111th CONGRESS

1st Session

H. R. 2647

AN ACT

To authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, to provide special pays and allowances to certain members of the Armed Forces, expand concurrent receipt of military retirement and VA disability benefits to disabled military retirees, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    Divisions A through C of this Act may be cited as the `National Defense Authorization Act for Fiscal Year 2010'.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions- This Act is organized into four divisions as follows:
      (1) Division A--Department of Defense Authorizations.
      (2) Division B--Military Construction Authorizations.
      (3) Division C--Department of Energy National Security Authorizations and Other Authorizations.
      (4) Division D--Disabled Military Retiree Relief Act of 2009.
    (b) Table of Contents- The table of contents for this Act is as follows:
      Sec. 1. Short title.
      Sec. 2. Organization of Act into divisions; table of contents.
      Sec. 3. Congressional defense committees.

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
    For purposes of this Act, the term `congressional defense committees' has the meaning given that term in section 101(a)(16) of title 10, United States Code.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE X--GENERAL PROVISIONS
Subtitle B--Counter-Drug and Counter-Terrorism Activities

SEC. 1011. ONE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE COUNTER-DRUG AUTHORITIES AND REQUIREMENTS.

    (a) Reporting Requirement on Expenditures to Support Foreign Counter-drug Activities- Section 1022(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-255), as most recently amended by section 1021 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4586), is further amended by striking `April 15, 2006' and all that follows through `February 15, 2009' and inserting `February 15, 2010'.
    (b) Unified Counter-drug and Counterterrorism Campaign in Colombia- Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most recently amended by section 1023 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4586), is further amended--
      (1) in subsection (a), by striking `2009' and inserting `2010'; and
      (2) in subsection (c), by striking `2009' and inserting `2010'.
    (c) Support for Counter-drug Activities of Certain Foreign Governments- Section 1033(a)(2) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as most recently amended by section 1024(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4587), is further amended by striking `2009' and inserting `2010'.

SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.

    Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as most recently amended by section 1022 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4586), is further amended by striking `2009' and inserting `2010'.

SEC. 1014. COMPTROLLER GENERAL REPORT ON EFFECTIVENESS OF ACCOUNTABILITY MEASURES FOR ASSISTANCE FROM COUNTER-NARCOTICS CENTRAL TRANSFER ACCOUNT.

    (a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the performance evaluation system used by the Secretary of Defense to assess the effectiveness of assistance provided for foreign nations to achieve the counter-narcotics objectives of the Department of Defense. The report shall be unclassified, but may contain a classified annex.
    (b) Elements- The report required by subsection (a) shall contain the following:
      (1) A description of the performance evaluation system of the Department of Defense used to determine the efficiency and effectiveness of counter-narcotics assistance provided by the Department of Defense to foreign nations.
      (2) An assessment of the ability of the performance evaluation system to accurately measure the efficiency and effectiveness of such counter-narcotics assistance.
      (3) Detailed recommendations on how to improve the capacity of the performance evaluation system for the counter-narcotics central transfer account.

    Subtitle E--Other Matters
    SEC. 1057. PUBLIC DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS AT WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.

      Section 2166 of title 10, United States Code, is amended by adding at the end the following new subsection:
      `(j) Public Disclosure of Students and Instructors- (1) The Secretary of Defense shall release to the public, upon request, the information described in paragraph (2) for each of fiscal years 2005, 2006, 2007, 2008, and 2009, and any fiscal year thereafter.
      `(2) The information to be released under paragraph (1) shall include the following with respect to the fiscal year covered:
        `(A) The entire name, including the first, middle, and maternal and paternal surnames, with respect to each student and instructor at the Institute.
        `(B) The rank of each student and instructor.
        `(C) The country of origin of each student and instructor.
        `(D) The courses taken by each student.
        `(E) The courses taught by each instructor.
        `(F) Any years of attendance by each student in addition to the fiscal year covered.'.

      TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
      Subtitle A--Assistance and Training
      SEC. 1203. MODIFICATION OF REPORT ON FOREIGN-ASSISTANCE RELATED PROGRAMS CARRIED OUT BY THE DEPARTMENT OF DEFENSE.

        (a) Amendment- Section 1209 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 368) is amended--
          (1) in subsection (a), by striking `180 days after the date of the enactment of this Act' and inserting `February 1 of each year'; and
          (2) in subsection (b)(1)--
            (A) in subparagraph (G), by striking `and' at the end; and
            (B) by adding at the end the following new subparagraph:
            `(I) subsection (b)(6) of section 166a of title 10, United States Code; and'.
        (b) Report for Fiscal Years 2008 and 2009- The report required to be submitted not later than February 1, 2010, under section 1209(a) of the National Defense Authorization Act for Fiscal Year 2008, as amended by subsection (a), shall include information required under such section with respect to fiscal years 2008 and 2009.

      SEC. 1204. REPORT ON AUTHORITIES TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES AND RELATED MATTERS.

        (a) Report Required- Not later than March 1, 2010, the President shall transmit to the congressional committees specified in subsection (b) a report on the following:
          (1) The relationship between authorities of the Department of Defense to conduct security cooperation programs to train and equip, or otherwise build the capacity of, foreign military forces and security assistance authorities of the Department of State and other foreign assistance agencies to provide assistance to train and equip, or otherwise build the capacity of, foreign military forces, including the distinction, if any, between the purposes of such authorities, the processes to generate requirements to satisfy the purposes of such authorities, and the contribution such authorities make to the core missions of each such department and agency.
          (2) The strengths and weaknesses of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Arms Export Control Act (22 U.S.C. 2171 et seq.), title 10, United States Code, and any other provision of law relating to training and equipping, or otherwise building the capacity of, foreign military forces, including to conduct counterterrorist operations or participate in or support military and stability operations in which the United State Armed Forces are a participant.
          (3) The changes, if any, that should be made to the provisions of law described in paragraph (2) that would improve the ability of the United States Government to train and equip, or otherwise build the capacity of, foreign military forces, including to conduct counterterrorist operations or participate in or support military and stability operations in which the United State Armed Forces are a participant.
          (4) The organizational and procedural changes, if any, that should be made in the Department of Defense and the Department of State and other foreign assistance agencies to improve the ability of such departments and agencies to conduct programs to train and equip, or otherwise build the capacity of, foreign military forces, including to conduct counterterrorist operations or participate in or support military and stability operations in which the United State Armed Forces are a participant.
          (5) The resources and funding mechanisms required to ensure adequate funding for such programs.
        (b) Specified Congressional Committees- The congressional committees specified in this subsection are the following:
          (1) The Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
          (2) The Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.

        TITLE XIV--OTHER AUTHORIZATIONS
        Subtitle A--Military Programs
        SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

          Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $1,050,984,000.

        DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
        SEC. 2001. SHORT TITLE.

          This division may be cited as the `Military Construction Authorization Act for Fiscal Year 2010'.

        TITLE XXIII--AIR FORCE
        SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
        (b) Outside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

      Air Force: Outside the United States
      -----------------------------------------------------
      Country Installation or Location Amount
      -----------------------------------------------------

      Afghanistan Bagram Air Base $22,000,000
      Colombia Palanquero Air Base $46,000,000
      Germany Ramstein Air Base $34,700,000
      Spangdahlem Air Base $23,500,000
      Guam Andersen Air Force Base $61,702,000
      Italy Naval Air Station Sigonella $31,300,000
      Oman Al Musannah Air Base $116,000,000
      Qatar Al Udeid Air Base $60,000,000

      Turkey Incirlik Air Base $9,200,000
      -----------------------------------------------------

      TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

      Subtitle F--Other Matters

      SEC. 2873. CONDITIONS ON ESTABLISHMENT OF COOPERATIVE SECURITY LOCATION IN PALANQUERO, COLOMBIA.

        (a) Congressional Notification of Agreement- None of the amounts authorized to be appropriated by this division or otherwise made available for military construction for fiscal year 2010 may be obligated to commence construction of a Cooperative Security Location at the German Olano Airbase (the Palanquero AB Development Project) in Palanquero, Colombia, until at least 15 days after the date on which the Secretary of Defense certifies to the congressional defense committees that an agreement has been entered into with the Government of Colombia that permits the establishment of the Cooperative Security Location at the German Olano Airbase in a manner that will enable the United States Southern Command to execute its Theater Posture Strategy in cooperation with the Armed Forces of Colombia.
        (b) Prohibition on Permanent United States Military Installation- The agreement referred to in subsection (a) may not provide for or authorize the establishment of a United States military installation or base for the permanent stationing of United States Armed Forces in Colombia.