National Defense Authorization Act for Fiscal Year 2010

Bill Number: 
S. 1390
Bill Location: 
Date of Last Action: 
Thursday, July 23, 2009
Relevant Text: 

HR 2647 EAS

In the Senate of the United States,

July 23, 2009.

Resolved, That the bill from the House of Representatives (H.R. 2647) entitled `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.', do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    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 seven 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-Funding Tables.
      (5) Division E-Matthew Shepard Hate Crimes Prevention Act.
      (6) Division F-SBIR/STTR Reauthorization.
      (7) Division G-Maritime Administration Authorization.
    (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 IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

      Subtitle A--Department of Defense Management

      SEC. 903. SENSE OF SENATE ON THE WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.

        (a) Findings- The Senate makes the following findings:
          (1) The Western Hemisphere Institute for Security Cooperation was established by section 911 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-226).
          (2) The Western Hemisphere Institute for Security Cooperation provides professional education and training to military personnel, law enforcement officials, and civilian personnel in support of the democratic principles set forth in the Charter of the Organization of American States. The Institute effectively promotes mutual knowledge, transparency, confidence, and cooperation among participating nations. It also effectively builds strategic partnerships to address the great security challenges in the region while encouraging democratic values, respect for human rights, subordination to civilian authority, and understanding of United States customs and traditions.
          (3) The Western Hemisphere Institute for Security Cooperation supports the Security Cooperation Guidance of the Secretary of Defense by addressing the building partner capacity education and training needs of the United States Southern Command and the United States Northern Command.
          (4) In a joint letter, dated April 9, 2009, General Renuart, the Commander of the United States Northern Command, and Admiral Stavridis, the Commander of the United States Southern Command, write `[t]he outstanding service that WHINSEC provides directly supports the United States Southern Command's and United States Northern Command's strategic objective of fostering lasting partnerships that will ensure security, enhance stability, and enable prosperity throughout the Americas' and notes that the Institute provides `culturally-sensitive training, with a strong emphasis on the values of democracy and human rights'.
          (5) In establishing the Western Hemisphere Institute for Security Cooperation, Congress mandates that participants at the Institute receive a minimum of 8 hours of instruction on human rights, due process, the rule of law, the role of the Armed Forces in a democratic society, and civilian control of the military. Every course devotes at least 10 percent of its course work to democracy, ethics, and human rights issues. The Institute is also required to develop a curriculum that includes leadership development, counterdrug operations, peacekeeping, resource management, and disaster relief planning. In fiscal year 2008, the Institute presented 39 courses and hosted 1,196 students in residence at Fort Benning, Georgia, of whom 292 were police personnel, and trained an additional 280 students through the Mobile Training Team programs of the Institute.
          (6) Congress mandated the formation of a Federal advisory committee--an oversight committee unique to the Western Hemisphere Institute for Security Cooperation. It provides recommendations and an independent review of the Institute and its curriculum to ensure the uniform adherence of the Institute to United States law, regulations, and policies. The Board of Visitors of the Institute includes the Chairman and Ranking Member of the Committee on Armed Services of the Senate, the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives, the Secretary of State, the Commander of the United States Southern Command, the Commander of the United States Northern Command, the Commander of the United States Training and Doctrine Command, and six members designated by the Secretary of Defense. The six members designated by the Secretary of Defense include, to the extent practicable, individuals from academia and the religious and human rights communities. In addition to the 13 members of the Board of Visitors, advisors and subject matter experts assist the Board in areas the Board considers necessary and appropriate.
          (7) The Western Hemisphere Institute for Security Cooperation operates in accordance with section 8130 of the Department of Defense Appropriations Act, 1999 (Public Law 105-262; 112 Stat. 2335) that prohibits United States military assistance to foreign military units that violate human rights, including security assistance programs funded through appropriations available for foreign operations and training programs funded through appropriations made available for the Department of Defense.
          (8) The Western Hemisphere Institute for Security Cooperation does not select students for participation in its courses. A partner nation nominates students to attend the Institute, and in accordance with the law of the United States and the policies of the Department of Defense and the Department of State, the United States Embassy in such partner nation screens and conducts background checks on such nominees. The vetting process of nominees for participation in the Institute includes a background check by United States embassies in partner nations, as well as checks by the Bureau of Western Hemisphere Affairs and the Bureau of Democracy, Human Rights, and Labor at the Department of State. The Department of State also uses the Abuse Case Evaluation System, a central database that aggregates human rights abuse data into a single, searchable location, to ensure nominees have not been accused of any human rights abuses.
          (9) The training provided by the Western Hemisphere Institute for Security Cooperation is transparent and the Institute is open to visitors at any time. Visitors are welcome to sit in on classes, talk with students and faculty, and review instructional materials. Every year, the Institute hosts more than a thousand visiting students, faculty, civilian, and military officials.
        (b) Sense of Senate- It is the sense of the Senate that--
          (1) the Western Hemisphere Institute for Security Cooperation--
            (A) offers quality professional military bilingual instruction for military officers and noncommissioned officers that promotes democracy, subordination to civilian authority, and respect for human rights; and
            (B) is uniquely positioned to support the modernization of Latin America security forces as they work to transcend their own controversial pasts;
          (2) the Western Hemisphere Institute for Security Cooperation is building partner capacity which enhances regional and global security while encouraging respect for human rights and promoting democratic principles among eligible military personnel, law enforcement officials, and civilians of nations of the Western Hemisphere;
          (3) the Western Hemisphere Institute for Security Cooperation is an invaluable education and training facility whose curriculum is not duplicated in any of the military departments and is not replaceable by professional military education funded by appropriations for International Military Education and Training (IMET), which education is not conducted in Spanish and does not concentrate on regional challenges; and
          (4) the Western Hemisphere Institute for Security Cooperation is an essential tool to educate future generations of Latin American leaders and improve United States relationships with partner nations that are working with the United States to promote democracy, prosperity, and stability in the Western Hemisphere.

      TITLE X--GENERAL PROVISIONS
      Subtitle C--Counter-Drug Activities

      SEC. 1021. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.

        (a) Extension of Authority- Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1593), section 1022 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2137), section 1022 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), and section 1024 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'.
        (b) Maximum Annual Amount of Support- Subsection (e)(2) of such section is amended--
          (1) by striking `or' before `$75,000,000'; and
          (2) by striking the period at the end and inserting `, or $100,000,000 during fiscal year 2010.'.
        (c) Conditions on Provision of Support- Subsection (f)(2) of such section is amended in the matter preceding subparagraph (A) by striking `for fiscal year 2009 to carry out this section and the first fiscal year in which the support is to be provided' and inserting `and available for support'.
        (d) Counter-Drug Plan- Subsection (h) of such section is amended--
          (1) in the matter preceding paragraph (1), by striking `fiscal year 2009' and inserting `for each fiscal year'; and
          (2) in paragraph (7), by striking `fiscal year 2009, and thereafter, for the first fiscal year in which support is to be provided' and inserting `each fiscal year in which support is to be provided a government'.

      SEC. 1022. ONE-YEAR EXTENSION OF AUTHORITY FOR JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.

        (a) One-Year Extension- Subsection (b) of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended by striking `2009' and inserting `2010'.
        (b) Annual Report- Subsection (c) of such section is amended to read as follows:
        `(c) Annual Report- Not later than December 31 of each year after 2008 in which the authority in subsection (a) is in effect, the Secretary of Defense shall submit to the congressional defense committees a report setting forth, for the one-year period ending on the date of such report, the following:
          `(1) An assessment of the effect on counter-drug and counter-terrorism activities and objectives of using counter-drug funds of a joint task force to provide counterterrorism support authorized by subsection (a).
          `(2) A description of the type of support and any recipient of support provided under subsection (a).
          `(3) A list of current joint task forces conducting counter-drug operations.'.

      SEC. 1023. ONE-YEAR EXTENSION OF AUTHORITY TO SUPPORT 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 amended by section 1023 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2382) and 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)(1), by striking `2009' and inserting `2010'; and
          (2) in subsection (c), by striking `2009' and inserting `2010'.

      TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

      Subtitle A--Assistance and Training
      SEC. 1203. MODIFICATION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

        (a) Temporary Limitation on Amount for Building Capacity for Military and Stability Operations- Section 1206(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended by section 1206 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418) and section 1206 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4625), is further amended by adding at the end the following new paragraph:
          `(5) TEMPORARY LIMITATION ON AMOUNT FOR BUILDING CAPACITY TO PARTICIPATE IN OR SUPPORT MILITARY AND STABILITY OPERATIONS- Of the funds used to carry out a program under subsection (a), not more than $75,000,000 may be used during fiscal year 2010, and not more than $75,000,000 may be used during fiscal year 2011, for purposes described in subsection (a)(1)(B).'.
        (b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2009, and shall apply with respect to programs under section 1206(a) of the National Defense Authorization Act for Fiscal Year 2006 that begin on or after that date.

      SEC. 1204. MODIFICATION OF NOTIFICATION AND REPORTING REQUIREMENTS FOR USE OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.

        (a) Notification- Section 1208(c) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086), as amended by section 1208(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4626), is further amended to read as follows:
        `(c) Notification-
          `(1) SUPPORT FOR FOREIGN FORCES- The Secretary of Defense shall notify the congressional defense committees expeditiously, and in any event not later than 48 hours, after--
            `(A) using the authority provided in subsection (a) to make funds available for foreign forces in support of an approved military operation; or
            `(B) changing the scope or funding level of any such support.
          `(2) SUPPORT FOR IRREGULAR FORCES, GROUPS, OR INDIVIDUALS- The Secretary of Defense may not exercise the authority provided in subsection (a) to make funds available for irregular forces or a group (other than foreign forces) or individual in support of an approved military operation, or change the scope or funding level of such support, until 72 hours after notifying the congressional defense committees of the use of such authority with respect to that operation or such change in scope or funding level.
          `(3) CONTENT- Notifications required under this subsection shall include the following information:
            `(A) The type of support provided or to be provided to United States special operations forces.
            `(B) The type of support provided or to be provided to the recipient of the funds.
            `(C) The intended duration of the support.
            `(D) The amount obligated under the authority to provide support.'.
        (b) Annual Report- Section 1208(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086) is amended in the second sentence by striking `shall describe the support' and all that follows through the period at the end and inserting `shall include the following information:
          `(1) A description of supported operations.
          `(2) A summary of operations.
          `(3) The type of recipients that received support, identified by authorized category (foreign forces, irregular forces, groups, or individuals).
          `(4) The total amount obligated in the previous fiscal year, including budget details.
          `(5) The total amount obligated in prior fiscal years.
          `(6) The intended duration of support.
          `(7) A description of support or training provided to the recipients of support.
          `(8) A value assessment of the operational support provided.'.

      SEC. 1207. ONE-YEAR EXTENSION OF AUTHORITY FOR SECURITY AND STABILIZATION ASSISTANCE.

        Section 1207(g) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458), as amended by section 1210 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 369) and section 1207 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4625), is further amended by striking `September 30, 2009' and inserting `September 30, 2010'.

      Subtitle B--Reports
      SEC. 1222. REPORT ON CUBA AND CUBA'S RELATIONS WITH OTHER COUNTRIES.

        Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the defense and intelligence committees of the Congress a report addressing the following:
          (1) The cooperative agreements and relationships that Cuba has with Iran, North Korea, and other states suspected of nuclear proliferation.
          (2) A detailed account of the economic support provided by Venezuela to Cuba and the intelligence and other support that Cuba provides to the government of Hugo Chavez.
          (3) A review of the evidence of relationships between the Cuban government or any of its components with drug cartels or involvement in other drug trafficking activities.
          (4) The status and extent of Cuba's clandestine activities in the United States.
          (5) The extent and activities of Cuban support for governments in Venezuela, Bolivia, Ecuador, Central America, and the Caribbean.
          (6) The status and extent of Cuba's research and development program for biological weapons production.
          (7) The status and extent of Cuba's cyberwarfare program.

      SEC. 1223. REPORT ON VENEZUELA.

        Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the defense and intelligence committees of the Congress a report addressing the following:
          (1) An inventory of all weapons purchases by, and transfers to, the government of Venezuela and Venezuela's transfers to other countries since 1998, particularly purchases and transfers of missiles, ships, submarines, and any other advanced systems. The report shall include an assessment of whether there is accountability of the purchases and transfers with respect to the end-use and diversion of such materiel to popular militias, other governments, or irregular armed forces.
          (2) The mining and shipping of Venezuelan uranium to Iran, North Korea, and other states suspected of nuclear proliferation.
          (3) The extent to which Hugo Chavez and other Venezuelan officials and supporters of the Venezuelan government provide political counsel, collaboration, financial ties, refuge, and other forms of support, including military materiel, to the Revolutionary Armed Forces of Colombia (FARC).
          (4) The extent to which Hugo Chavez and other Venezuelan officials provide funding, logistical and political support to the Islamist terrorist organization Hezbollah.
          (5) Deployment of Venezuelan security or intelligence personnel to Bolivia, including any role such personnel have in suppressing opponents of the government of Bolivia.
          (6) Venezuela's clandestine material support for political movements and individuals throughout the Western Hemisphere with the objective of influencing the internal affairs of nations in the Western Hemisphere.
          (7) Efforts by Hugo Chavez and other officials or supporters of the Venezuelan government to convert or launder funds that are the property of Venezuelan government agencies, instrumentalities, parastatals, including Petroleos de Venezuela, SA (PDVSA).
          (8) Covert payments by Hugo Chavez or officials or supporters of the Venezuelan government to foreign political candidates, government officials, or officials of international organizations for the purpose of influencing the performance of their official duties.

      SEC. 1225. ANNUAL COUNTERTERRORISM STATUS REPORTS.

        (a) Short Title- This section may be cited as the `Success in Countering Al Qaeda Reporting Requirements Act of 2009'.
        (b) Annual Counterterrorism Status Reports-
          (1) IN GENERAL- Not later than July 31, 2010, and every July 31 thereafter, the President shall submit a report, to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Armed Services of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives, which contains, for the most recent 12-month period, a review of the counterterrorism strategy of the United States Government, including--
            (A) a detailed assessment of the scope, status, and progress of United States counterterrorism efforts in fighting Al Qaeda and its related affiliates and undermining long-term support for violent extremism;
            (B) a judgment on the geographical region in which Al Qaeda and its related affiliates pose the greatest threat to the national security of the United States;
            (C) a judgment on the adequacy of interagency integration of the counterterrorism programs and activities of the Department of Defense, the United States Special Operations Command, the Central Intelligence Agency, the Department of State, the Department of the Treasury, the Department of Homeland Security, the Department of Justice, and other Federal departments and agencies;
            (D) an evaluation of the extent to which the counterterrorism efforts of the United States correspond to the plans developed by the National Counterterrorism Center and the goals established in overarching public statements of strategy issued by the executive branch;
            (E) a determination of whether the National Counterterrorism Center exercises the authority and has the resources and expertise required to fulfill the interagency strategic and operational planning role described in section 119(j) of the National Security Act of 1947 (50 U.S.C. 404o), as added by section 1012 of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458);
            (F) a description of the efforts of the United States Government to combat Al Qaeda and its related affiliates and undermine violent extremist ideology, which shall include--
              (i) a specific list of the President's highest global counterterrorism priorities;
              (ii) the degree of success achieved by the United States, and remaining areas for progress, in meeting the priorities described in clause (i); and
              (iii) efforts in those countries in which the President determines that--
                (I) Al Qaeda and its related affiliates have a presence; or
                (II) acts of international terrorism have been perpetrated by Al Qaeda and its related affiliates;
            (G) a specific list of United States counterterrorism efforts, and the specific status and achievements of such efforts, through military, financial, political, intelligence, paramilitary, and law enforcement elements, relating to--
              (i) bilateral security and training programs;
              (ii) law enforcement and border security;
              (iii) the disruption of terrorist networks; and
              (iv) the denial of terrorist safe havens and sanctuaries;
            (H) a description of United States Government activities to counter terrorist recruitment and radicalization, including--
              (i) strategic communications;
              (ii) public diplomacy;
              (iii) support for economic development and political reform; and
              (iv) other efforts aimed at influencing public opinion;
            (I) United States Government initiatives to eliminate direct and indirect international financial support for the activities of terrorist groups;
            (J) a cross-cutting analysis of the budgets of all Federal Government agencies as they relate to counterterrorism funding to battle Al Qaeda and its related affiliates abroad, including--
              (i) the source of such funds; and
              (ii) the allocation and use of such funds;
            (K) an analysis of the extent to which specific Federal appropriations--
              (i) have produced tangible, calculable results in efforts to combat and defeat Al Qaeda, its related affiliates, and its violent ideology; or
              (ii) contribute to investments that have expected payoffs in the medium- to long-term;
            (L) statistical assessments, including those developed by the National Counterterrorism Center, on the number of individuals belonging to Al Qaeda and its related affiliates that have been killed, injured, or taken into custody as a result of United States counterterrorism efforts; and
            (M) a concise summary of the methods used by National Counterterrorism Center and other elements of the United States Government to assess and evaluate progress in its overall counterterrorism efforts, including the use of specific measures, metrics, and indices.
          (2) INTERAGENCY COOPERATION- In preparing a report under this subsection, the President shall include relevant information maintained by--
            (A) the National Counterterrorism Center and the National Counterproliferation Center;
            (B) Department of Justice, including the Federal Bureau of Investigation;
            (C) the Department of State;
            (D) the Department of Defense;
            (E) the Department of Homeland Security;
            (F) the Department of the Treasury;
            (G) the Office of the Director of National Intelligence,
            (H) the Central Intelligence Agency;
            (I) the Office of Management and Budget;
            (J) the United States Agency for International Development; and
            (K) any other Federal department that maintains relevant information.
          (3) REPORT CLASSIFICATION- Each report required under this subsection shall be--
            (A) submitted in an unclassified form, to the maximum extent practicable; and
            (B) accompanied by a classified appendix, as appropriate.

      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 $1,077,784,000.

      DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

      SEC. 2001. SHORT TITLE.

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

      SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.

        (a) Expiration of Authorizations After Three Years- Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of--
          (1) October 1, 2012; or
          (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2013.
        (b) Exception- Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of--
          (1) October 1, 2012; or
          (2) the date of the enactment of an Act authorizing funds for fiscal year 2013 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.

      SEC. 2003. EFFECTIVE DATE.

        Titles XXI through XXVII shall take effect on the later of--
          (1) October 1, 2009; or
          (2) the date of the enactment of this Act.

      SEC. 2004. FUNDING TABLES.

        (a) In General- The amounts authorized to be appropriated by sections 2104, 2204, 2304, 2404, 2411, 2502, and 2606 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4501.
        (b) Base Closure and Realignment Activities- The amounts authorized to be appropriated by section 2703 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4502.
        (c) Projects Funded by American Recovery and Reinvestment Act of 2009- The amounts authorized by section 2801 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4503.
        (d) Overseas Contingency Operations- The amounts authorized to be appropriated by sections 2901 and 2902 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4504.

      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 $58,202,000
    Qatar Al Udeid Air Base $60,000,000
    Turkey Incirlik Air Base $9,200,000

    ----------------------------------------------------------

    SEC. 2307. TEMPORARY PROHIBITION ON USE OF FUNDS FOR MILITARY CONSTRUCTION IMPROVEMENTS, PALANQUERO AIR BASE, COLOMBIA.

      None of the funds authorized to be appropriated in section 2304(2) may be obligated or expended for runway and apron expansion or other military construction improvements at Palanquero Air Base, Colombia, until the Secretary of Defense, in consultation with the Secretary of State, certifies to the congressional defense committees that negotiations between the United States Government and the Government of Colombia have resulted in access rights that will permit United States Southern Command (SOUTHCOM) to perform adequately its mission.