Supplemental Appropriations Act, 2009/Title III

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==TITLE III—DEPARTMENT OF DEFENSE==

Contents

MILITARY PERSONNEL[edit]

Military Personnel, Army[edit]

For an additional amount for “Military Personnel, Army”, $11,750,687,000.

Military Personnel, Navy[edit]

For an additional amount for “Military Personnel, Navy”, $1,627,288,000.

Military Personnel, Marine Corps[edit]

For an additional amount for “Military Personnel, Marine Corps”, $1,524,947,000.

Military Personnel, Air Force[edit]

For an additional amount for “Military Personnel, Air Force”, $1,500,740,000.

Reserve Personnel, Army[edit]

For an additional amount for “Reserve Personnel, Army”, $418,155,000.

Reserve Personnel, Navy[edit]

For an additional amount for “Reserve Personnel, Navy”, $39,478,000.

Reserve Personnel, Marine Corps[edit]

For an additional amount for “Reserve Personnel, Marine Corps”, $29,179,000.

Reserve Personnel, Air Force[edit]

For an additional amount for “Reserve Personnel, Air Force”, $14,943,000.

National Guard Personnel, Army[edit]

For an additional amount for “National Guard Personnel, Army”, $1,775,733,000.

National Guard Personnel, Air Force[edit]

For an additional amount for “National Guard Personnel, Air Force”, $45,000,000.

OPERATION AND MAINTENANCE[edit]

Operation and Maintenance, Army[edit]

For an additional amount for “Operation and Maintenance, Army”, $13,769,418,000.

Operation and Maintenance, Navy[edit]

For an additional amount for “Operation and Maintenance, Navy”, $2,274,903,000.

Operation and Maintenance, Marine Corps[edit]

For an additional amount for “Operation and Maintenance, Marine Corps”, $1,034,366,000.

Operation and Maintenance, Air Force[edit]

For an additional amount for “Operation and Maintenance, Air Force”, $5,980,386,000.

Operation and Maintenance, Defense-Wide[edit]

For an additional amount for “Operation and Maintenance, Defense-Wide”, $5,101,696,000, of which:
(1) not to exceed $12,500,000 for the Combatant Commander Initiative Fund, to be used in support of Operation Iraqi Freedom and Operation Enduring Freedom; and
(2) not to exceed $1,000,000,000, to remain available until expended, for payments to reimburse key cooperating nations, for logistical, military, and other support including access provided to United States military operations in support of Operation Iraqi Freedom and Operation Enduring Freedom, notwithstanding any other provision of law:
Provided, That such reimbursement payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following notification to the appropriate congressional committees:
Provided further, That these funds may be used for the purpose of providing specialized training and procuring supplies and specialized equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting United States military operations in Iraq and Afghanistan:
Provided further, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided in this paragraph.

Operation and Maintenance, Army Reserve[edit]

For an additional amount for “Operation and Maintenance, Army Reserve”, $110,017,000.

Operation and Maintenance, Navy Reserve[edit]

For an additional amount for “Operation and Maintenance, Navy Reserve”, $25,569,000.

Operation and Maintenance, Marine Corps Reserve[edit]

For an additional amount for “Operation and Maintenance, Marine Corps Reserve”, $30,775,000.

Operation and Maintenance, Air Force Reserve[edit]

For an additional amount for “Operation and Maintenance, Air Force Reserve”, $34,599,000.

Operation and Maintenance, Army National Guard[edit]

For an additional amount for “Operation and Maintenance, Army National Guard”, $178,446,000.

Afghanistan Security Forces Fund[edit]

For the “Afghanistan Security Forces Fund”, $3,606,939,000, to remain available until September 30, 2010:
Provided, That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the Commander, Combined Security Transition Command - Afghanistan, or the Secretary's designee, to provide assistance, with the concurrence of the Secretary of State, to the security forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under this heading is in addition to any other authority to provide assistance to foreign nations:
Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or international organization may be credited to this Fund and used for such purposes:
Provided further, That the Secretary shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received and the specific use of such contributions:
Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation.

Pakistan Counterinsurgency Fund [1][edit]

There is hereby established in the Treasury of the United States the “Pakistan Counterinsurgency Fund”. For the “Pakistan Counterinsurgency Fund”, $400,000,000, to remain available until September 30, 2010:
Provided, That such funds shall be available to the Secretary of Defense, with the concurrence of the Secretary of State, notwithstanding any other provision of law, for the purpose of allowing the Secretary of Defense, or the Secretary's designee, to provide assistance to Pakistan's security forces; including program management and the provision of equipment, supplies, services, training, and funds; and facility and infrastructure repair, renovation, and construction to build the counterinsurgency capability of Pakistan's military and Frontier Corps, and of which up to $2,000,000 shall be available to provide urgent humanitarian assistance to the people of Pakistan only as part of civil-military training exercises for Pakistani security forces receiving assistance under the “Pakistan Counterinsurgency Fund” and to assist the Government of Pakistan in creating such a program beginning in fiscal year 2010:
Provided further, That the authority to provide assistance under this provision is in addition to any other authority to provide assistance to foreign nations: Provided further, That the Secretary of Defense may transfer such amounts as the Secretary may determine from the funds provided herein to any appropriations available to the Department of Defense or, with the concurrence of the Secretary of State and head of the relevant Federal department or agency, to any other non-intelligence related Federal account to accomplish the purposes provided herein:
Provided further, That funds so transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred: Provided further, That the authority of the Secretary of Defense to obligate or transfer funds pursuant to this paragraph shall apply only to funds appropriated for such purposes in this Act (including funds appropriated by another paragraph of this Act that are transferred to the “Pakistan Counterinsurgency Fund” by such other paragraph), and such authority shall not be continued beyond the expiration date specified in the matter preceding the first proviso, except with respect to funds so transferred to the “Pakistan Counterinsurgency Fund” by another paragraph of this Act:
Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to making transfers from this appropriation account, notify the Committees on Appropriations in writing of the details of any such transfer.

PROCUREMENT[edit]

Aircraft Procurement, Army[edit]

For an additional amount for “Aircraft Procurement, Army”, $1,192,744,000, to remain available until September 30, 2011.

Missile Procurement, Army[edit]

For an additional amount for “Missile Procurement, Army”, $704,041,000, to remain available until September 30, 2011.

Procurement of Weapons and Tracked Combat Vehicles, Army[edit]

For an additional amount for “Procurement of Weapons and Tracked Combat Vehicles, Army”, $1,983,971,000, to remain available until September 30, 2011.

Procurement of Ammunition, Army[edit]

For an additional amount for “Procurement of Ammunition, Army”, $230,075,000, to remain available until September 30, 2011.

Other Procurement, Army[edit]

For an additional amount for “Other Procurement, Army”, $7,113,742,000, to remain available until September 30, 2011.

Aircraft Procurement, Navy[edit]

For an additional amount for “Aircraft Procurement, Navy”, $636,669,000, to remain available until September 30, 2011.

Weapons Procurement, Navy[edit]

For an additional amount for “Weapons Procurement, Navy”, $29,498,000, to remain available until September 30, 2011.

Procurement of Ammunition, Navy and Marine Corps[edit]

For an additional amount for “Procurement of Ammunition, Navy and Marine Corps”, $348,919,000, to remain available until September 30, 2011.

Other Procurement, Navy[edit]

For an additional amount for “Other Procurement, Navy”, $197,193,000, to remain available until September 30, 2011.

Procurement, Marine Corps[edit]

For an additional amount for “Procurement, Marine Corps”, $1,526,447,000, to remain available until September 30, 2011.

Aircraft Procurement, Air Force[edit]

For an additional amount for “Aircraft Procurement, Air Force”, $4,592,068,000, to remain available until September 30, 2011.

Missile Procurement, Air Force[edit]

For an additional amount for “Missile Procurement, Air Force”, $49,716,000, to remain available until September 30, 2011.

Procurement of Ammunition, Air Force[edit]

For an additional amount for “Procurement of Ammunition, Air Force”, $158,684,000, to remain available until September 30, 2011.

Other Procurement, Air Force[edit]

For an additional amount for “Other Procurement, Air Force”, $1,802,083,000, to remain available until September 30, 2011.

Procurement, Defense-Wide[edit]

For an additional amount for “Procurement, Defense-Wide”, $237,868,000, to remain available until September 30, 2011.

National Guard and Reserve Equipment[edit]

For an additional amount for “National Guard and Reserve Equipment”, $500,000,000, to remain available until September 30, 2011:
Provided, That such funds may be used only to procure high priority items of equipment that may be used by reserve component units for combat missions and units’ missions in support of the State governors:
Provided further, That the Chiefs of the National Guard and of the Reserve components shall, not later than 60 days after the enactment of this Act, individually submit to the congressional defense committees a listing of items of equipment to be procured for their respective National Guard or Reserve component.

Mine Resistant Ambush Protected Vehicle Fund [1][edit]

For the “Mine Resistant Ambush Protected Vehicle Fund”, $4,543,000,000, to remain available until September 30, 2010:
Provided, That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, to procure, sustain, transport, and field Mine Resistant Ambush Protected vehicles:
Provided further, That the Secretary shall transfer such funds only to appropriations for operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose provided herein:
Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary shall, not fewer than 10 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION[edit]

Research, Development, Test and Evaluation, Army[edit]

For an additional amount for “Research, Development, Test and Evaluation, Army”, $52,935,000, to remain available until September 30, 2010.

Research, Development, Test and Evaluation, Navy[edit]

For an additional amount for “Research, Development, Test and Evaluation, Navy”, $136,786,000, to remain available until September 30, 2010.

Research, Development, Test and Evaluation, Air Force[edit]

For an additional amount for “Research, Development, Test and Evaluation, Air Force”, $160,474,000, to remain available until September 30, 2010.

Research, Development, Test and Evaluation, Defense-Wide[edit]

For an additional amount for “Research, Development, Test and Evaluation, Defense-Wide”, $483,304,000, to remain available until September 30, 2010.

REVOLVING AND MANAGEMENT FUNDS[edit]

Defense Working Capital Funds[edit]

For an additional amount for “Defense Working Capital Funds”, $861,726,000, to remain available until expended.

OTHER DEPARTMENT OF DEFENSE PROGRAMS[edit]

Defense Health Program[edit]

For an additional amount for “Defense Health Program”, $1,055,297,000, of which $845,508,000 is for operation and maintenance; of which $50,185,000, to remain available until September 30, 2011, is for procurement; and of which $159,604,000, to remain available until September 30, 2010, is for research, development, test and evaluation:
Provided, That up to $14,360,000,000 appropriated for operation and maintenance under this heading or any prior Act may be available for contracts entered into under the Tricare program.

Drug Interdiction and Counter-Drug Activities, Defense [1][edit]

For an additional amount for “Drug Interdiction and Counter-Drug Activities, Defense”, $120,398,000, to remain available until September 30, 2010.

Joint Improvised Explosive Device Defeat Fund[edit]

For an additional amount for “Joint Improvised Explosive Device Defeat Fund”, $1,116,746,000, to remain available until September 30, 2011.

Office of the Inspector General[edit]

For an additional amount for “Office of the Inspector General”, $9,551,000.

GENERAL PROVISIONS—THIS TITLE[edit]

SEC. 301.[edit]

Notwithstanding any other provision of law, funds made available in this title are in addition to amounts appropriated or otherwise made available for the Department of Defense for fiscal year 2009.

SEC. 302. [1][edit]

Upon the determination of the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer between appropriations up to $2,500,000,000 of the funds made available to the Department of Defense in this title:
Provided, That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section:
Provided further, That the authority provided in this section is in addition to any other transfer authority available to the Department of Defense and is subject to the same terms and conditions as the authority provided in section 8005 of the Department of Defense Appropriations Act, 2009 (division C of Public Law 110-329) except for the fourth proviso.

SEC. 303.[edit]

Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).

SEC. 304. [1][edit]

During fiscal year 2009 and from funds in the “Defense Cooperation Account”, as established by 10 U.S.C. 2608, the Secretary of Defense may transfer not to exceed $6,500,000 to such appropriations or funds of the Department of Defense as the Secretary shall determine for use consistent with the purposes for which such funds were contributed and accepted:
Provided, That such amounts shall be available for the same time period as the appropriation to which transferred: Provided further, That the Secretary shall report to the Congress all transfers made pursuant to this authority.

SEC. 305.[edit]

Supervision and administration costs associated with a construction project funded with appropriations available for operation and maintenance or “Afghanistan Security Forces Fund” provided in this title, and executed in direct support of the overseas contingency operations in Iraq and Afghanistan, may be obligated at the time a construction contract is awarded: Provided, That for the purpose of this section, supervision and administration costs include all in-house Government costs.

SEC. 306. [2][edit]

(a)(1) Of the funds appropriated in chapter 2 of title IX of Public Law 110-252 under the heading, “Iraq Security Forces Fund”, $1,000,000,000 is rescinded.
(2) For an additional amount for “Iraq Security Forces Fund”, $1,000,000,000, to remain available until September 30, 2010:
Provided, That funds may not be obligated or transferred from this fund until 15 days after the date on which the Secretary of Defense notifies the congressional defense committees in writing of the details of the proposed obligation or transfer.
(b) Notwithstanding any other provision of this Act, each amount in this section is designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 403(a) and 423(b) of S.Con.Res. 13 (111th Congress), the Concurrent Resolution on the Budget for Fiscal Year 2010.

SEC. 307.[edit]

Funds made available in this title to the Department of Defense for operation and maintenance may be used to purchase items having an investment unit cost of not more than $250,000:
Provided, That upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas, such funds may be used to purchase items having an investment item unit cost of not more than $500,000:
Provided further, That the Secretary shall report to the Congress all purchases made pursuant to this authority within 30 days of using the authority.

SEC. 308.[edit]

From funds made available in this title, the Secretary of Defense may purchase motor vehicles for use by military and civilian employees of the Department of Defense in Iraq and Afghanistan, up to a limit of $75,000 per vehicle, notwithstanding other limitations applicable to passenger carrying motor vehicles.

SEC. 309. [2][edit]

Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided, That none of the amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
“ Procurement, Marine Corps, 2007/2009”, $54,400,000;
“ Other Procurement, Army, 2008/2010”, $29,300,000;
“ Procurement, Marine Corps, 2008/2010”, $10,300,000;
“ Aircraft Procurement, Air Force, 2008/2010”, $44,000,000;
“ Research, Development, Test and Evaluation, Navy, 2008/2009”, $11,300,000;
“ Research, Development, Test and Evaluation, Air Force, 2008/2009”, $36,107,000;
“ Research, Development, Test and Evaluation, Defense-Wide, 2008/2009”, $169,124,000;
“ Operation and Maintenance, Army, 2009/2009”, $352,359,000;
“ Operation and Maintenance, Navy, 2009/2009”, $881,481,000;
“ Operation and Maintenance, Marine Corps, 2009/2009”, $54,466,000;
“ Operation and Maintenance, Air Force, 2009/2009”, $925,203,000;
“ Operation and Maintenance, Defense-Wide, 2009/2009”, $267,635,000;
“ Operation and Maintenance, Army Reserve, 2009/2009”, $23,338,000;
“ Operation and Maintenance, Navy Reserve, 2009/2009”, $62,910,000;
“ Operation and Maintenance, Marine Corps Reserve, 2009/2009”, $1,250,000;
“ Operation and Maintenance, Air Force Reserve, 2009/2009”, $163,786,000;
“ Operation and Maintenance, Army National Guard, 2009/2009”, $57,819,000;
“ Operation and Maintenance, Air National Guard, 2009/2009”, $250,645,000;
“ Aircraft Procurement, Army, 2009/2011”, $22,600,000;
“ Procurement of Ammunition, Army, 2009/2011”, $107,100,000;
“ Other Procurement, Army, 2009/2011”, $245,000,000;
“ Procurement, Marine Corps, 2009/2011”, $10,300,000;
“ Other Procurement, Air Force, 2009/2011”, $17,500,000;
“ Procurement, Defense-Wide, 2009/2011”, $6,400,000;
“ Research, Development, Test and Evaluation, Army, 2009/2010”, $187,710,000;
“ Research, Development, Test and Evaluation, Navy, 2009/2010”, $217,060,000; and
“ Research, Development, Test and Evaluation, Air Force, 2009/2010”, $287,567,000.

SEC. 310. [1][edit]

(a) RETROACTIVE STOP-LOSS SPECIAL PAY COMPENSATION TO ELIGIBLE CLAIMANTS.—
In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $534,400,000 is appropriated to the Department of Defense, to remain available for obligation until expended:
Provided, That such funds shall be available to the Secretaries of the military departments only to make payment of claims specified in subsection (b) to members of the Armed Forces, including members of the reserve components, and former and retired members under the jurisdiction of the Secretary who, at any time during the period beginning on September 11, 2001, and ending on September 30, 2009, served on active duty while the members’ enlistment or period of obligated service was extended, or whose eligibility for retirement was suspended, pursuant to section 123 or 12305 of title 10, United States Code, or any other provision of law (commonly referred to as a ‘‘stop-loss authority’’) authorizing the President to extend an enlistment or period of obligated service, or suspend an eligibility for retirement, of a member of the uniformed services in time of war or of national emergency declared by Congress or the President.
(b) CLAIMS SUBMISSION REQUIRED.—
Claims for retroactive Stop-Loss Special Pay compensation under this section shall be submitted to the Secretary of the Military Department concerned not later than 1 year after the date on which the implementing rules of subsection (d) take effect. Notwithstanding any other provision of law, the Secretaries of the military departments may not pay claims that are submitted more than 1 year after the date on which the implementing rules of subsection (d) take effect.
(c) PAYMENT AMOUNT.—
The amount to be paid under subsection (a) to or on behalf of an eligible member, retired member, or former member described in such subsection shall be $500 per month for each month or portion of a month during the period specified in such subsection that the member was retained on active duty as a result of application of the stop-loss authority.
(d) RULEMAKING.—
Not later than 120 days after the date of enactment of this Act, the Secretary of Defense shall issue rules to expedite the payment of claims under subsection (b).
(e) TREATMENT OF DECEASED MEMBERS.—
If an eligible member, retired member, or former member described in subsection (a) dies before the payment required by this section is made, the Secretary concerned shall make the payment in accordance with section 2771 of title 10, United States Code.
(f) EXCLUSION OF CERTAIN FORMER MEMBERS.—
A former member of the Armed Forces is not eligible for a payment under this section if the former member was discharged or released from the Armed Forces under other than honorable conditions.
(g) RELATION TO OTHER STOP-LOSS SPECIAL PAY.—
A member, retired member, or former member may not receive a payment under this section and stop-loss special pay under section 8116 of the Department of Defense Appropriations Act, 2009 (division C of Public Law 110-329; 122 Stat. 3646) for the same month or portion of a month during which the member was retained on active duty as a result of application of the stop-loss authority.
(h) REPORT ON EXECUTION.—
The Secretary of Defense shall provide a report to the congressional defense committees on the implementation of the retroactive stop-loss benefit. The report shall include the following: the number of claims filed, the number of claims approved, the number of claims denied, the number of claims still pending, the amount of funding that has been obligated, the amount of funding still available for this purpose, and the average payment provided. This report is due 1 year after the date on which the implementing rules of subsection (d) take effect, and every 6 months thereafter until all funding provided for this purpose has been obligated and all submitted claims have been processed.

SEC. 311.[edit]

(a) Section 132 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1392) is repealed.
(b) Notwithstanding any other provision of law, the Secretary of the Air Force may retire C–5A aircraft from the inventory of the Air Force 15 days after certifying to the congressional defense committees that retiring the aircraft will not significantly increase operational risk of not meeting the National Defense Strategy, provided that such retirements may not reduce total strategic airlift force structure inventory below the 292 strategic airlift aircraft level identified in the Mobility Capability Study 2005 (MCS–05) unless otherwise addressed in the fiscal year 2010 National Defense Authorization Act.

SEC. 312.[edit]

None of the funds appropriated or otherwise made available by this title may be obligated or expended to provide award fees to any defense contractor contrary to the provisions of section 814 of the National Defense Authorization Act, Fiscal Year 2007 (Public Law 109-364).

SEC. 313.[edit]

None of the funds provided in this title may be used to finance programs or activities denied by Congress in fiscal years 2008 or 2009 appropriations to the Department of Defense or to initiate a procurement or research, development, test and evaluation new start program without prior written notification to the congressional defense committees.

SEC. 314.[edit]

None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource of Iraq.

SEC. 315.[edit]

None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the United States Government for the purpose of establishing any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan.

SEC. 316.[edit]

(a) REPORT ON IRAQ TROOP DRAWDOWN STATUS, GOALS AND TIMETABLE.—
In recognition and support of the policy of President Barack Obama to withdraw all United States combat brigades from Iraq by August 31, 2010, and all United States military forces from Iraq on December 31, 2011, Congress directs the Secretary of Defense (in consultation with other members of the National Security Council) to prepare a report that identifies troop drawdown status and goals and includes—
(1) a detailed, month-by-month description of the transition of United States military forces and equipment out of Iraq; and
(2) a detailed, month-by-month description of the transition of United States contractors out of Iraq.
(b) ELEMENTS OF REPORT.—
At a minimum, the Secretary of Defense shall address the following:
(1) How the Government of Iraq is assuming the responsibility for reconciliation initiatives as the mission of the United States Armed Forces transitions.
(2) How the drawdown of military forces complies with the President's planned withdrawal of combat brigades by August 31, 2010, and all United States forces by December 31, 2011.
(3) The roles and responsibilities of remaining contractors in Iraq as the United States mission evolves, including the anticipated number of United States contractors to remain in Iraq after August 31, 2010, and December 31, 2011.
(c) SUBMISSION.—
(1) Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter through September 30, 2010, the Secretary of Defense shall submit the report required by subsection (a) and a classified annex to the report, as necessary.
(2) The Secretary may submit the report required by subsection (a) separately as provided in paragraph (1) or include the information required by this report when submitting reports required of the Secretary under section 9204 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2410).
(d) EXTENSION OF RELATED REPORTING REQUIREMENT.—
Section 9204(a) of the Supplemental Appropriations Act, 2008 is amended by striking “fiscal year 2009” and inserting “fiscal year 2010”.

SEC. 317.[edit]

(a) Repeal of Secretary of Defense reports on transition readiness of Iraq and Afghan security forces.—
Subsection (a) of section 9205 of Public Law 110-252 (122 Stat. 2412) is repealed.
(b) Modification of reports on use of certain security forces funds.—
(1) Preparation in consultation with commander of centcom.—
Subsection (b)(1) of such section is amended by inserting “the Commander of the United States Central Command;” after “the Secretary of Defense;”.
(2) Period of reports.—
Such subsection is further amended by striking “not later than 120 days after the date of the enactment of this Act and every 90 days thereafter” and inserting “not later than 45 days after the end of each fiscal year quarter”.
(3) Funds covered by reports.—
Such subsection is further amended by striking “and ‘Afghanistan Security Forces Fund’” and inserting “, ‘Afghanistan Security Forces Fund’, and ‘Pakistan Counterinsurgency Fund’”.
(c) Notice new projects and transfers of funds.—
Subsection (c) of such section is amended by striking “the headings” and all that follows and inserting “the headings as follows:
“(1) ‘Iraq Security Forces Fund’.
“(2) ‘Afghanistan Security Forces Fund’.
“(3) ‘Pakistan Counterinsurgency Fund’.”.
(d) EFFECTIVE DATE.—
The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC. 318.[edit]

(a) Section 1174(h)(1) of title 10, United States Code, is amended to read as follows:
“ (1) A member who has received separation pay under this section, or separation pay, severance pay, or readjustment pay under any other provision of law, based on service in the armed forces, and who later qualifies for retired or retainer pay under this title or title 14 shall have deducted from each payment of such retired or retainer pay an amount, in such schedule of monthly installments as the Secretary of Defense shall specify, taking into account the financial ability of the member to pay and avoiding the imposition of undue financial hardship on the member and member’s dependents, until the total amount deducted is equal to the total amount of separation pay, severance pay, and readjustment pay so paid.”.
(b) Section 1175(e)(3)(A) of title 10, United States Code, is amended to read as follows:
“ (3)(A) A member who has received the voluntary separation incentive and who later qualifies for retired or retainer pay under this title shall have deducted from each payment of such retired or retainer pay an amount, in such schedule of monthly installments as the Secretary of Defense shall specify, taking into account the financial ability of the member to pay and avoiding the imposition of undue financial hardship on the member and member’s dependents, until the total amount deducted is equal to the total amount of voluntary separation incentive so paid. If the member elected to have a reduction in voluntary separation incentive for any period pursuant to paragraph (2), the deduction required under the preceding sentence shall be reduced as the Secretary of Defense shall specify.”.
(c) EFFECTIVE DATE.—
The amendments made by this section shall apply to any repayments of separation pay, severance pay, readjustment pay, special separation benefit, or voluntary separation incentive, that occur on or after the date of enactment, including any ongoing repayment actions that were initiated prior to this amendment.

SEC. 319.[edit]

(a) REPORTS REQUIRED.—
Not later than 60 days after the date of the enactment of this Act and every 90 days thereafter, the President shall submit to the members and committees of Congress specified in subsection (b) a report on the prisoner population at the detention facility at Naval Station Guantanamo Bay, Cuba.
(b) SPECIFIED MEMBERS AND COMMITTEES OF CONGRESS.—
The members and committees of Congress specified in this subsection are the following:
(1) The majority leader and minority leader of the Senate.
(2) The Chairman and Ranking Member on the Committee on Armed Services of the Senate.
(3) The Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate.
(4) The Chairman and Vice Chairman of the Committee on Appropriations of the Senate.
(5) The Speaker of the House of Representatives.
(6) The minority leader of the House of Representatives.
(7) The Chairman and Ranking Member on the Committee on Armed Services of the House of Representatives.
(8) The Chairman and Vice Chairman of the Permanent Select Committee on Intelligence of the House of Representatives.
(9) The Chairman and Ranking Member of the Committee on Appropriations of the House of Representatives.
(c) MATTERS TO BE INCLUDED.—
Each report submitted under subsection (a) shall include the following:
(1) The name and country of origin of each detainee at the detention facility at Naval Station Guantanamo Bay, Cuba, as of the date of such report.
(2) A current summary of the evidence, intelligence, and information used to justify the detention of each detainee listed under paragraph (1) at Naval Station Guantanamo Bay.
(3) A current accounting of all the measures taken to transfer each detainee listed under paragraph (1) to the individual’s country of citizenship or another country.
(4) A current description of the number of individuals released or transferred from detention at Naval Station Guantanamo Bay who are confirmed or suspected of returning to terrorist activities after release or transfer from Naval Station Guantanamo Bay.
(5) An assessment of any efforts by al Qaeda to recruit detainees released from detention at Naval Station Guantanamo Bay.
(d) ADDITIONAL MATTERS TO BE INCLUDED IN INITIAL REPORT.—
The first report submitted under subsection (a) shall also include the following:
(1) A description of the process that was previously used for screening the detainees described by subsection (c)(4) prior to their release or transfer from detention at Naval Station Guantanamo Bay, Cuba.
(2) An assessment of the adequacy of that screening process for reducing the risk that detainees previously released or transferred from Naval Station Guantanamo Bay would return to terrorist activities after release or transfer from Naval Station Guantanamo Bay.
(3) An assessment of lessons learned from previous releases and transfers of individuals who returned to terrorist activities for reducing the risk that detainees released or transferred from Naval Station Guantanamo Bay will return to terrorist activities after their release or transfer.

Notes[edit]

  1. 1.0 1.1 1.2 1.3 1.4 1.5 (Including Transfer of Funds}
  2. 2.0 2.1 (Including Rescissions}