Signed by President Barack Obama II

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes $681.02 billion in appropriations for the Department of Defense and for defense activities of the Department of Energy.

Highlights:

• Authorizes $681.02 billion in appropriations, including $639.32 billion in Department of Defense authorizations for fiscal year 2009-2010, $24.75 billion in military construction authorizations for fiscal years after 2008-2009, and $16.94 billion in Department of Energy national security authorizations and other authorizations for fiscal year 2009-2010.

• Expands the legal definition of 'hate crime' to include crimes in which a victim or his/her property is selected as the object of the crime because of the victim's gender identity (Sec. 4703).

• Establishes the following penalties for causing (or attempting to cause) bodily injury to a person through use of fire, a firearm, a dangerous weapon, or an explosive because of any person's actual or perceived race, color, religion, or national origin (Sec. 4707):
• Imprisonment for no more than ten years, a fine, or both; or
• If the offense results in death or includes kidnapping, attempted kidnapping, aggravated sexual abuse, attempted aggravated sexual abuse, or an attempt to kill, imprisonment for any term up to life in prison, a fine, or both.

• Establishes the following penalties for causing (or attempting to cause) bodily injury to a person through use of fire, a firearm, a dangerous weapon, or an explosive because of any person's actual or perceived gender, sexual orientation, gender identity, or disability when the offense involves travel across state or national borders, the defendant uses a channel of interstate or foreign commerce or the offense affects such commerce, or when the defendant uses a weapon that has traveled in interstate or foreign commerce (Sec. 4707):
• Imprisonment for no more than ten years, a fine, or both; or
• If the offense results in death or includes kidnapping, attempted kidnapping, aggravated sexual abuse, attempted aggravated sexual abuse, or an attempt to kill, imprisonment for any term up to life in prison, a fine, or both.

• Specifies that the United States shall not undertake a prosecution under the hate crime provisions of this bill unless the Attorney General or a designee certifies in writing that one of the following circumstances applies (Sec. 4707):
• The state does not have jurisdiction;
• The state has requested that the federal government assume jurisdiction;
• The verdict or sentence under state charges did not "demonstratively" vindicate the federal interest in eradicating bias-motivated violence; or
• A prosecution by the United States is "in the public interest and necessary to secure substantial justice."

• Requires the Secretary of Defense to submit congressional reports pertaining to the procurement of "4.5 generation fighter aircraft", technologically advanced fighter aircraft such as the F-15, F-16, and F-18, and to the feasibility of procuring additional F-35 aircraft for use by the Air National Guard (Sec. 131).

• Repeals funding for the procurement of new F-22A fighter aircraft, and requires the Secretary of Defense to submit a report to Congress outlining the impact of potential sales of F-22A fighter aircraft to foreign countries (Sec. 132, 1250).

• Requires the Secretary of Defense to assess and report to Congress details regarding the Midcourse Defense element of the Ballistic Missile Defense system, including its intended use, its capabilities, the infrastructure needed to achieve its capabilities, and the advantages and disadvantages of deploying interceptor missiles (Sec. 232).

• Authorizes $309 million for research and evaluation, procurement, or deployment of an alternative Missile Defense System in Europe (Sec. 235).

• Requires the Secretary of Defense to bring to Congress by March 1, 2010 a comprehensive plan for testing and evaluating the Ballistic Missile Defense system and its various elements (Sec. 236).

• Allows the Secretary of Defense to increase the active-duty number for the US Army to a number greater than otherwise allowed by law up to the 2010 baseline plus 30,000 troops (Sec. 403).

• Authorizes $136.02 billion for military personnel for the fiscal year 2010 (Sec. 421).

• Requires States to transmit requested absentee ballots to overseas voters no later than 45 days before an election to ensure sufficient time to vote (Sec. 579).

• Increases the monthly pay of uniformed service members by 3.4 percent, effective January 1, 2010 (Sec. 601).

• Prohibits funds from being used to transfer a prisoner detained at the Naval Station in Guantanamo Bay, Cuba to the U.S. during the period between October 1, 2009 and December 31, 2010 until 45 days after the President has submitted a plan to Congress that includes the following (Sec. 1041):
• Findings of an analysis regarding any risk to the national security of the U.S. that is posed by the transfer of the prisoner and a plan for the mitigation of such risk;
• Costs associated with transferring the prisoner;
• Proposal for the disposition of the prisoner, including the location at which the individual will be held;
• Certification by the Attorney General that the individual poses little or no security risk under the plan; and
• Summary of the consultation between the President and the Governor of the State to which the individual will be transferred or, in the case of the District of Columbia, the Mayor.

• Requires the Secretary of Defense to present to Congress a report that shall detail the "responsible redeployment," as well as the military activities and the eventual withdrawal, of U.S. troops from Iraq (Sec. 1227).

• Authorizes $3 million for researching and analyzing the implementation of the strategic objectives set forth by the Commander of U.S. Forces in Afghanistan, including securing the eastern and southern regions of the country to allow the Afghan government to establish effective control and to provide for the training of Afghan security forces (Sec. 1235).

• Requires the President to submit a report detailing and assessing current and future U.S.-Iranian diplomatic relations, and shall include assessments on the extent of Iran's nuclear and missile procurement activities and the narcotics trade between Iran and Afghanistan (Sec. 1241).

• Requires the President to provide a summary and analysis of current sanctions against Iran, and recommends that the President consider further sanctions if Iran rejects U.S. diplomatic efforts and if the United Nations does not adopt "significant and meaningful" sanctions against the Iranian government (Sec. 1241, 1254).

• Requires the Secretaries of Defense and State to prepare a report to Congress detailing the actions taken within their departments relating to laying the groundwork for the use of armed security teams aboard U.S. commercial ships that travel in areas that are at high risk for pirate attacks (Sec. 3506).

• Encourages the Department of Defense to "undertake all feasible efforts" to recover and return to the United States the remains of Armed Forces members killed in the World War II Battle of Tarawa Atoll (Sec. 544).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes $681.02 billion in appropriations for the Department of Defense and for defense activities of the Department of Energy.

Highlights:

• Authorizes $681.02 billion in appropriations, including $639.32 billion in Department of Defense authorizations for fiscal year 2009-2010, $24.75 billion in military construction authorizations for fiscal years after 2008-2009, and $16.94 billion in Department of Energy national security authorizations and other authorizations for fiscal year 2009-2010.

• Expands the legal definition of 'hate crime' to include crimes in which a victim or his/her property is selected as the object of the crime because of the victim's gender identity (Sec. 4703).

• Establishes the following penalties for causing (or attempting to cause) bodily injury to a person through use of fire, a firearm, a dangerous weapon, or an explosive because of any person's actual or perceived race, color, religion, or national origin (Sec. 4707):
• Imprisonment for no more than ten years, a fine, or both; or
• If the offense results in death or includes kidnapping, attempted kidnapping, aggravated sexual abuse, attempted aggravated sexual abuse, or an attempt to kill, imprisonment for any term up to life in prison, a fine, or both.

• Establishes the following penalties for causing (or attempting to cause) bodily injury to a person through use of fire, a firearm, a dangerous weapon, or an explosive because of any person's actual or perceived gender, sexual orientation, gender identity, or disability when the offense involves travel across state or national borders, the defendant uses a channel of interstate or foreign commerce or the offense affects such commerce, or when the defendant uses a weapon that has traveled in interstate or foreign commerce (Sec. 4707):
• Imprisonment for no more than ten years, a fine, or both; or
• If the offense results in death or includes kidnapping, attempted kidnapping, aggravated sexual abuse, attempted aggravated sexual abuse, or an attempt to kill, imprisonment for any term up to life in prison, a fine, or both.

• Specifies that the United States shall not undertake a prosecution under the hate crime provisions of this bill unless the Attorney General or a designee certifies in writing that one of the following circumstances applies (Sec. 4707):
• The state does not have jurisdiction;
• The state has requested that the federal government assume jurisdiction;
• The verdict or sentence under state charges did not "demonstratively" vindicate the federal interest in eradicating bias-motivated violence; or
• A prosecution by the United States is "in the public interest and necessary to secure substantial justice."

• Requires the Secretary of Defense to submit congressional reports pertaining to the procurement of "4.5 generation fighter aircraft", technologically advanced fighter aircraft such as the F-15, F-16, and F-18, and to the feasibility of procuring additional F-35 aircraft for use by the Air National Guard (Sec. 131).

• Repeals funding for the procurement of new F-22A fighter aircraft, and requires the Secretary of Defense to submit a report to Congress outlining the impact of potential sales of F-22A fighter aircraft to foreign countries (Sec. 132, 1250).

• Requires the Secretary of Defense to assess and report to Congress details regarding the Midcourse Defense element of the Ballistic Missile Defense system, including its intended use, its capabilities, the infrastructure needed to achieve its capabilities, and the advantages and disadvantages of deploying interceptor missiles (Sec. 232).

• Authorizes $309 million for research and evaluation, procurement, or deployment of an alternative Missile Defense System in Europe (Sec. 235).

• Requires the Secretary of Defense to bring to Congress by March 1, 2010 a comprehensive plan for testing and evaluating the Ballistic Missile Defense system and its various elements (Sec. 236).

• Allows the Secretary of Defense to increase the active-duty number for the US Army to a number greater than otherwise allowed by law up to the 2010 baseline plus 30,000 troops (Sec. 403).

• Authorizes $136.02 billion for military personnel for the fiscal year 2010 (Sec. 421).

• Requires States to transmit requested absentee ballots to overseas voters no later than 45 days before an election to ensure sufficient time to vote (Sec. 579).

• Increases the monthly pay of uniformed service members by 3.4 percent, effective January 1, 2010 (Sec. 601).

• Prohibits funds from being used to transfer a prisoner detained at the Naval Station in Guantanamo Bay, Cuba to the U.S. during the period between October 1, 2009 and December 31, 2010 until 45 days after the President has submitted a plan to Congress that includes the following (Sec. 1041):
• Findings of an analysis regarding any risk to the national security of the U.S. that is posed by the transfer of the prisoner and a plan for the mitigation of such risk;
• Costs associated with transferring the prisoner;
• Proposal for the disposition of the prisoner, including the location at which the individual will be held;
• Certification by the Attorney General that the individual poses little or no security risk under the plan; and
• Summary of the consultation between the President and the Governor of the State to which the individual will be transferred or, in the case of the District of Columbia, the Mayor.

• Requires the Secretary of Defense to present to Congress a report that shall detail the "responsible redeployment," as well as the military activities and the eventual withdrawal, of U.S. troops from Iraq (Sec. 1227).

• Authorizes $3 million for researching and analyzing the implementation of the strategic objectives set forth by the Commander of U.S. Forces in Afghanistan, including securing the eastern and southern regions of the country to allow the Afghan government to establish effective control and to provide for the training of Afghan security forces (Sec. 1235).

• Requires the President to submit a report detailing and assessing current and future U.S.-Iranian diplomatic relations, and shall include assessments on the extent of Iran's nuclear and missile procurement activities and the narcotics trade between Iran and Afghanistan (Sec. 1241).

• Requires the President to provide a summary and analysis of current sanctions against Iran, and recommends that the President consider further sanctions if Iran rejects U.S. diplomatic efforts and if the United Nations does not adopt "significant and meaningful" sanctions against the Iranian government (Sec. 1241, 1254).

• Requires the Secretaries of Defense and State to prepare a report to Congress detailing the actions taken within their departments relating to laying the groundwork for the use of armed security teams aboard U.S. commercial ships that travel in areas that are at high risk for pirate attacks (Sec. 3506).

• Encourages the Department of Defense to "undertake all feasible efforts" to recover and return to the United States the remains of Armed Forces members killed in the World War II Battle of Tarawa Atoll (Sec. 544).

Full Bill Text

Full Bill Text

Full Bill Text

Full Bill Text