Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	36,537	n/a	n/a
Reported in House	132,295	2,189	88%
Engrossed in House	191,580	309	41%
Placed on Calendar Senate	190,655	8 Show Changes Hide Changes	0%

Display Version Introduced in House Reported in House Engrossed in House Placed on Calendar Senate

HR 5136 EHPCSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 5136CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To authorize appropriations for fiscal year 2011 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, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Defense Authorization Act for Fiscal Year 2011’.CommentsClose CommentsPermalink

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

(a) Divisions- This Act is organized into four divisions as follows:CommentsClose CommentsPermalink





(1) Division A--Department of Defense Authorizations.CommentsClose CommentsPermalink





(2) Division B--Military Construction Authorizations.CommentsClose CommentsPermalink





(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.CommentsClose CommentsPermalink





(4) Division D--Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Organization of Act into divisions; table of contents.CommentsClose CommentsPermalink





Sec. 3. Congressional defense committees.CommentsClose CommentsPermalink





Sec. 4. Treatment of successor contingency operation to Operation Iraqi Freedom.CommentsClose CommentsPermalink

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.CommentsClose CommentsPermalink





Sec. 102. Navy and Marine Corps.CommentsClose CommentsPermalink





Sec. 103. Air Force.CommentsClose CommentsPermalink





Sec. 104. Defense-wide activities.CommentsClose CommentsPermalink

Subtitle B--Army Programs

Sec. 111. Procurement of early infantry brigade combat team increment one equipment.CommentsClose CommentsPermalink





Sec. 112. Report on Army battlefield network plans and programs.CommentsClose CommentsPermalink





Sec. 113. Limitation on use of funds for line-haul tractors.CommentsClose CommentsPermalink

Subtitle C--Navy Programs

Sec. 121. Incremental funding for procurement of large naval vessels.CommentsClose CommentsPermalink





Sec. 122. Multiyear procurement of F/A-18E, F/A-18F, and EA-18G aircraft.CommentsClose CommentsPermalink





Sec. 123. Report on naval force structure and missile defense.CommentsClose CommentsPermalink

Subtitle D--Air Force Programs

Sec. 131. Preservation and storage of unique tooling for F-22 fighter aircraft.CommentsClose CommentsPermalink

Subtitle E--Joint and Multiservice Matters

Sec. 141. Limitation on procurement of F-35 Lightning II aircraft.CommentsClose CommentsPermalink





Sec. 142. Limitations on biometric systems funds.CommentsClose CommentsPermalink





Sec. 143. Counter-improvised explosive device initiatives database.CommentsClose CommentsPermalink





Sec. 144. Study on lightweight body armor solutions.CommentsClose CommentsPermalink

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Report requirements for replacement program of the Ohio-class ballistic missile submarine.CommentsClose CommentsPermalink





Sec. 212. Limitation on obligation of funds for F-35 Lightning II aircraft program.CommentsClose CommentsPermalink





Sec. 213. Inclusion in annual budget request and future-years defense program of sufficient amounts for continued development and procurement of competitive propulsion system for F-35 Lightning II aircraft.CommentsClose CommentsPermalink





Sec. 214. Separate program elements required for research and development of Joint Light Tactical Vehicle.CommentsClose CommentsPermalink

Subtitle C--Missile Defense Programs

Sec. 221. Limitation on availability of funds for missile defenses in Europe.CommentsClose CommentsPermalink





Sec. 222. Repeal of prohibition of certain contracts by Missile Defense Agency with foreign entities.CommentsClose CommentsPermalink





Sec. 223. Phased, adaptive approach to missile defense in Europe.CommentsClose CommentsPermalink





Sec. 224. Homeland defense hedging policy.CommentsClose CommentsPermalink





Sec. 225. Independent assessment of the plan for defense of the homeland against the threat of ballistic missiles.CommentsClose CommentsPermalink





Sec. 226. Study on ballistic missile defense capabilities of the United States.CommentsClose CommentsPermalink





Sec. 227. Reports on standard missile system.CommentsClose CommentsPermalink

Subtitle D--Reports

Sec. 231. Report on analysis of alternatives and program requirements for the Ground Combat Vehicle program.CommentsClose CommentsPermalink





Sec. 232. Cost benefit analysis of future tank-fired munitions.CommentsClose CommentsPermalink





Sec. 233. Annual comptroller general report on the VH-(XX) presidential helicopter acquisition program.CommentsClose CommentsPermalink





Sec. 234. Joint assessment of the joint effects targeting system.CommentsClose CommentsPermalink

Subtitle E--Other Matters

Sec. 241. Escalation of force capabilities.CommentsClose CommentsPermalink





Sec. 242. Pilot program to include technology protection features during research and development of defense systems.CommentsClose CommentsPermalink





Sec. 243. Pilot program on collaborative energy security.CommentsClose CommentsPermalink





Sec. 244. Report on regional advanced technology clusters.CommentsClose CommentsPermalink





Sec. 245. Sense of Congress affirming the importance of Department of Defense participation in development of next generation semiconductor technologies.CommentsClose CommentsPermalink

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.CommentsClose CommentsPermalink

Subtitle B--Energy and Environmental Provisions

Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in connection with the Twin Cities Army Ammunition Plant, Minnesota.CommentsClose CommentsPermalink





Sec. 312. Payment to Environmental Protection Agency of stipulated penalties in connection with Naval Air Station, Brunswick, Maine.CommentsClose CommentsPermalink





Sec. 313. Testing and certification plan for operational use of an aviation biofuel derived from materials that do not compete with food stocks.CommentsClose CommentsPermalink





Sec. 314. Report identifying hybrid or electric propulsion systems and other fuel-saving technologies for incorporation into tactical motor vehicles.CommentsClose CommentsPermalink





Sec. 315. Exception to alternative fuel procurement requirement.CommentsClose CommentsPermalink





Sec. 316. Information sharing relating to investigation of exposure to drinking water contamination at Camp Lejeune, North Carolina.CommentsClose CommentsPermalink

Subtitle C--Workplace and Depot Issues

Sec. 321. Technical amendments to requirement for service contract inventory.CommentsClose CommentsPermalink





Sec. 322. Repeal of conditions on expansion of functions performed under prime vendor contracts for depot-level maintenance and repair.CommentsClose CommentsPermalink





Sec. 323. Pilot program on best value for contracts for private security functions.CommentsClose CommentsPermalink





Sec. 324. Standards and certification for private security contractors.CommentsClose CommentsPermalink





Sec. 325. Prohibition on establishing goals or quotas for conversion of functions to performance by Department of Defense civilian employees.CommentsClose CommentsPermalink





Sec. 326. Treatment of employer contributions to health benefits and retirement plans for purposes of cost-comparisons of contractor and civilian employee performance of Department of Defense functions.CommentsClose CommentsPermalink

Subtitle D--Reports

Sec. 331. Revision to reporting requirement relating to operation and financial support for military museums.CommentsClose CommentsPermalink





Sec. 332. Additional reporting requirements relating to corrosion prevention projects and activities.CommentsClose CommentsPermalink





Sec. 333. Modification and repeal of certain reporting requirements.CommentsClose CommentsPermalink





Sec. 334. Report on Air Sovereignty Alert mission.CommentsClose CommentsPermalink





Sec. 335. Report on the SEAD/DEAD mission requirement for the Air Force.CommentsClose CommentsPermalink





Sec. 336. Requirement to update study on strategic seaports.CommentsClose CommentsPermalink





Sec. 337. Study and report on feasibility of joint usage of the NASA Shuttle Logistics Depot.CommentsClose CommentsPermalink

Subtitle E--Limitations and Extensions of Authority

Sec. 341. Permanent authority to accept and use landing fees charged for use of domestic military airfields by civil aircraft.CommentsClose CommentsPermalink





Sec. 342. Improvement and extension of Arsenal Support Program Initiative.CommentsClose CommentsPermalink





Sec. 343. Extension of authority to reimburse expenses for certain Navy mess operations.CommentsClose CommentsPermalink





Sec. 344. Limitation on obligation of funds for the Army Human Terrain System.CommentsClose CommentsPermalink





Sec. 345. Limitation on obligation of funds pending submission of classified justification material.CommentsClose CommentsPermalink





Sec. 346. Limitation on retirement of C-130 aircraft from Air Force inventory.CommentsClose CommentsPermalink





Sec. 347. Commercial sale of small arms ammunition in excess of military requirements.CommentsClose CommentsPermalink





Sec. 348. Limitation on Air Force fiscal year 2011 force structure announcement implementation.CommentsClose CommentsPermalink

Subtitle F--Other Matters

Sec. 351. Expedited processing of background investigations for certain individuals.CommentsClose CommentsPermalink





Sec. 352. Adoption of military working dogs by family members of deceased or seriously wounded members of the Armed Forces who were handlers of the dogs.CommentsClose CommentsPermalink





Sec. 353. Revision to authorities relating to transportation of civilian passengers and commercial cargoes by Department of Defense when space unavailable on commercial lines.CommentsClose CommentsPermalink





Sec. 354. Technical correction to obsolete reference relating to use of flexible hiring authority to facilitate performance of certain Department of Defense functions by civilian employees.CommentsClose CommentsPermalink





Sec. 355. Inventory and study of budget modeling and simulation tools.CommentsClose CommentsPermalink





Sec. 356. Sense of Congress regarding continued importance of High-Altitude Aviation Training Site, Colorado.CommentsClose CommentsPermalink





Sec. 357. Department of Defense study on simulated tactical flight training in a sustained g environment.CommentsClose CommentsPermalink





Sec. 358. Study of effects of new construction of obstructions on military installations and operations.CommentsClose CommentsPermalink





Sec. 359. Sense of Congress regarding fire-resistant utility ensembles for National Guard personnel in civil authority missions.CommentsClose CommentsPermalink





Sec. 360. Authority to make excess nonlethal supplies available for domestic emergency assistance.CommentsClose CommentsPermalink





Sec. 361. Recovery of missing Department of Defense property.CommentsClose CommentsPermalink





Sec. 362. Authority for payment of full replacement value for loss or damage to household goods in limited cases not covered by carrier liability.CommentsClose CommentsPermalink

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.CommentsClose CommentsPermalink





Sec. 402. Revision in permanent active duty end strength minimum levels.CommentsClose CommentsPermalink

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.CommentsClose CommentsPermalink





Sec. 412. End strengths for Reserves on active duty in support of the Reserves.CommentsClose CommentsPermalink





Sec. 413. End strengths for military technicians (dual status).CommentsClose CommentsPermalink





Sec. 414. Fiscal year 2011 limitation on number of non-dual status technicians.CommentsClose CommentsPermalink





Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.CommentsClose CommentsPermalink

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.CommentsClose CommentsPermalink

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy Generally

Sec. 501. Age for health care professional appointments and mandatory retirements.CommentsClose CommentsPermalink





Sec. 502. Authority for appointment of warrant officers in the grade of W-1 by commission and standardization of warrant officer appointing authority.CommentsClose CommentsPermalink





Sec. 503. Nondisclosure of information from discussions, deliberations, notes, and records of special selection boards.CommentsClose CommentsPermalink





Sec. 504. Administrative removal of officers from list of officers recommended for promotion.CommentsClose CommentsPermalink





Sec. 505. Eligibility of officers to serve on boards of inquiry for separation of regular officers for substandard performance and other reasons.CommentsClose CommentsPermalink





Sec. 506. Temporary authority to reduce minimum length of active service as a commissioned officer required for voluntary retirement as an officer.CommentsClose CommentsPermalink

Subtitle B--Reserve Component Management

Sec. 511. Preseparation counseling for members of the reserve components.CommentsClose CommentsPermalink





Sec. 512. Military correction board remedies for National Guard members.CommentsClose CommentsPermalink





Sec. 513. Removal of statutory distribution limits on Navy reserve flag officer allocation.CommentsClose CommentsPermalink





Sec. 514. Assignment of Air Force Reserve military technicians (dual status) to positions outside Air Force Reserve unit program.CommentsClose CommentsPermalink





Sec. 515. Temporary authority for temporary employment of non-dual status military technicians.CommentsClose CommentsPermalink





Sec. 516. Revised structure and functions of Reserve Forces Policy Board.CommentsClose CommentsPermalink





Sec. 517. Merit Systems Protection Board and judicial remedies for National Guard technicians.CommentsClose CommentsPermalink

Subtitle C--Joint Qualified Officers and Requirements

Sec. 521. Technical revisions to definition of joint matters for purposes of joint officer management.CommentsClose CommentsPermalink





Sec. 522. Changes to process involving promotion boards for joint qualified officers and officers with joint staff experience.CommentsClose CommentsPermalink





Sec. 523. Secure electronic delivery of Certificate of Release or Discharge from Active Duty (DD Form 214).CommentsClose CommentsPermalink

Subtitle D--General Service Authorities

Sec. 531. Extension of temporary authority to order retired members of the Armed Forces to active duty in high-demand, low-density assignments.CommentsClose CommentsPermalink





Sec. 532. Correction of military records.CommentsClose CommentsPermalink





Sec. 533. Modification of Certificate of Release or Discharge from Active Duty (DD Form 214) to specifically identify a space for inclusion of e-mail address.CommentsClose CommentsPermalink





Sec. 534. Recognition of role of female members of the Armed Forces and Department of Defense review of military occupational specialties available to female members.CommentsClose CommentsPermalink





Sec. 535. Matters covered by preseparation counseling for members of the Armed Forces and their spouses.CommentsClose CommentsPermalink





Sec. 536. Department of Defense policy concerning homosexuality in the Armed Forces.CommentsClose CommentsPermalink

Subtitle E--Military Justice and Legal Matters

Sec. 541. Continuation of warrant officers on active duty to complete disciplinary action.CommentsClose CommentsPermalink





Sec. 542. Enhanced authority to punish contempt in military justice proceedings.CommentsClose CommentsPermalink





Sec. 543. Limitations on use in personnel action of information contained in criminal investigative report or in index maintained for law enforcement retrieval and analysis.CommentsClose CommentsPermalink





Sec. 544. Protection of child custody arrangements for parents who are members of the Armed Forces deployed in support of a contingency operation.CommentsClose CommentsPermalink





Sec. 545. Improvements to Department of Defense domestic violence programs.CommentsClose CommentsPermalink





Sec. 546. Public release of restricted annex of Department of Defense Report of the Independent Review Related to Fort Hood pertaining to oversight of the alleged perpetrator of the attack.CommentsClose CommentsPermalink

Subtitle F--Member Education and Training Opportunities and Administration

Sec. 551. Repayment of education loan repayment benefits.CommentsClose CommentsPermalink





Sec. 552. Active duty obligation for graduates of the military service academies participating in the Armed Forces Health Professions Scholarship and Financial Assistance program.CommentsClose CommentsPermalink





Sec. 553. Waiver of maximum age limitation on admission to service academies for certain enlisted members who served during Operation Iraqi Freedom or Operation Enduring Freedom.CommentsClose CommentsPermalink





Sec. 554. Report of feasibility and cost of expanding enrollment authority of Community College of the Air Force to include additional members of the Armed Forces.CommentsClose CommentsPermalink

Subtitle G--Defense Dependents’ Education

Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.CommentsClose CommentsPermalink





Sec. 562. Enrollment of dependents of members of the Armed Forces who reside in temporary housing in Department of Defense domestic dependent elementary and secondary schools.CommentsClose CommentsPermalink

Subtitle H--Decorations, Awards, and Commemorations

Sec. 571. Notification requirement for determination made in response to review of proposal for award of a Medal of Honor not previously submitted in timely fashion.CommentsClose CommentsPermalink





Sec. 572. Department of Defense recognition of spouses of members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 573. Department of Defense recognition of children of members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 574. Clarification of persons eligible for award of bronze star medal.CommentsClose CommentsPermalink





Sec. 575. Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation.CommentsClose CommentsPermalink





Sec. 576. Authorization for award of Medal of Honor to certain members of the Army for acts of valor during the Civil War, Korean War, or Vietnam War.CommentsClose CommentsPermalink





Sec. 577. Authorization and request for award of Distinguished-Service Cross to Jay C. Copley for acts of valor during the Vietnam War.CommentsClose CommentsPermalink





Sec. 578. Program to commemorate 60th anniversary of the Korean War.CommentsClose CommentsPermalink





Sec. 579. Establishment of Combat Medevac Badge.CommentsClose CommentsPermalink





Sec. 580. Retroactive award of Army Combat Action Badge.CommentsClose CommentsPermalink





Sec. 580A. Review regarding award of Medal of Honor to Jewish American World War I veterans.CommentsClose CommentsPermalink

Subtitle I--Military Family Readiness Matters

Sec. 581. Appointment of additional member of Department of Defense Military Family Readiness Council.CommentsClose CommentsPermalink





Sec. 582. Director of the Office of Community Support for Military Families With Special Needs.CommentsClose CommentsPermalink





Sec. 583. Pilot program of personalized career development counseling for military spouses.CommentsClose CommentsPermalink





Sec. 584. Modification of Yellow Ribbon Reintegration Program.CommentsClose CommentsPermalink





Sec. 585. Importance of Office of Community Support for Military Families with Special Needs.CommentsClose CommentsPermalink





Sec. 586. Comptroller General report on Department of Defense Office of Community Support for Military Families with Special Needs.CommentsClose CommentsPermalink





Sec. 587. Comptroller General report on Exceptional Family Member Program.CommentsClose CommentsPermalink





Sec. 588. Comptroller General review of Department of Defense military spouse employment programs.CommentsClose CommentsPermalink





Sec. 589. Report on Department of Defense military spouse education programs.CommentsClose CommentsPermalink





Sec. 590. Annual leave for family of deployed members of the uniformed services.CommentsClose CommentsPermalink





Sec. 590A. Codification and continuation of Joint Family Support Assistance Program.CommentsClose CommentsPermalink

Subtitle J--Other Matters

Sec. 591. Establishment of Junior Reserve Officers’ Training Corps units for students in grades above sixth grade.CommentsClose CommentsPermalink





Sec. 592. Increase in number of private sector civilians authorized for admission to National Defense University.CommentsClose CommentsPermalink





Sec. 593. Admission of defense industry civilians to attend United States Air Force Institute of Technology.CommentsClose CommentsPermalink





Sec. 594. Date for submission of annual report on Department of Defense STARBASE Program.CommentsClose CommentsPermalink





Sec. 595. Extension of deadline for submission of final report of Military Leadership Diversity Commission.CommentsClose CommentsPermalink





Sec. 596. Enhanced authority for members of the Armed Forces and Department of Defense and Coast Guard civilian employees and their families to accept gifts from non-Federal entities.CommentsClose CommentsPermalink





Sec. 597. Report on performance and improvements of Transition Assistance Program.CommentsClose CommentsPermalink





Sec. 598. Sense of Congress regarding assisting members of the Armed Forces to participate in apprenticeship programs.CommentsClose CommentsPermalink





Sec. 599. Report on expansion of number of heirloom chest awarded to surviving families.CommentsClose CommentsPermalink





Sec. 600. Increase of maximum age for children eligible for medical care under CHAMPVA program.CommentsClose CommentsPermalink





Sec. 600A. Transfer of Troops-to-Teachers Program from Department of Education to Department of Defense.CommentsClose CommentsPermalink





Sec. 600B. Enhancements to the Troops-to-Teachers Program.CommentsClose CommentsPermalink





Sec. 600C. Support from Department of Education to help cover costs of new State programs under National Guard Youth Challenge Program.CommentsClose CommentsPermalink





Sec. 600D. Study of treatment of members of the reserve components.CommentsClose CommentsPermalink

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2011 increase in military basic pay.CommentsClose CommentsPermalink





Sec. 602. Basic allowance for housing for two-member couples when one or both members are on sea duty.CommentsClose CommentsPermalink





Sec. 603. Allowances for purchase of required uniforms and equipment.CommentsClose CommentsPermalink





Sec. 604. Increase in amount of family separation allowance.CommentsClose CommentsPermalink





Sec. 605. One-time special compensation for transition of assistants providing aid and attendance care to members of the uniformed services with catastrophic injuries or illnesses.CommentsClose CommentsPermalink





Sec. 606. Expansion of definition of senior enlisted member to include senior enlisted member serving within a combatant command.CommentsClose CommentsPermalink





Sec. 607. Ineligibility of certain Federal civilian employees for Reservist income replacement payments on account of availability of comparable benefits under another program.CommentsClose CommentsPermalink

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.CommentsClose CommentsPermalink





Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.CommentsClose CommentsPermalink





Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.CommentsClose CommentsPermalink





Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.CommentsClose CommentsPermalink





Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.CommentsClose CommentsPermalink





Sec. 616. One-year extension of authorities relating to payment of referral bonuses.CommentsClose CommentsPermalink





Sec. 617. Treatment of officers transferring between Armed Forces for receipt of aviation career special pay.CommentsClose CommentsPermalink





Sec. 618. Increase in maximum amount of special pay for duty subject to hostile fire or imminent danger or for duty in foreign area designated as an imminent danger area.CommentsClose CommentsPermalink





Sec. 619. Special payment to members of the Armed Forces and civilian employees of the Department of Defense killed or wounded in attacks directed at members or employees outside of combat zone, including those killed or wounded in certain 2009 attacks.CommentsClose CommentsPermalink

Subtitle C--Travel and Transportation Allowances

Sec. 631. Extension of authority to provide travel and transportation allowances for inactive duty training outside of normal commuting distances.CommentsClose CommentsPermalink





Sec. 632. Travel and transportation allowances for attendance of designated persons at Yellow Ribbon Reintegration events.CommentsClose CommentsPermalink





Sec. 633. Mileage reimbursement for use of privately owned vehicles.CommentsClose CommentsPermalink

Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Elimination of cap on retired pay multiplier for members with greater than 30 years of service who retire for disability.CommentsClose CommentsPermalink





Sec. 642. Equity in computation of disability retired pay for reserve component members wounded in action.CommentsClose CommentsPermalink





Sec. 643. Elimination of the age requirement for health care benefits for non-regular service retirees.CommentsClose CommentsPermalink





Sec. 644. Clarification of effect of ordering reserve component member to active duty to receive authorized medical care on reducing eligibility age for receipt of non-regular service retired pay.CommentsClose CommentsPermalink





Sec. 645. Special survivor indemnity allowance for recipients of pre-Survivor Benefit Plan annuity affected by required offset for dependency and indemnity compensation.CommentsClose CommentsPermalink





Sec. 646. Payment date for retired and retainer pay.CommentsClose CommentsPermalink





Sec. 647. Sense of Congress concerning age and service requirements for retired pay for non-regular service.CommentsClose CommentsPermalink

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

Sec. 651. Shared construction costs for shopping malls or similar facilities containing a commissary store and one or more nonappropriated fund instrumentality activities.CommentsClose CommentsPermalink





Sec. 652. Addition of definition of morale, welfare, and recreation telephone services for use in contracts to provide such services for military personnel serving in combat zones.CommentsClose CommentsPermalink





Sec. 653. Feasibility study on establishment of full exchange store in the Northern Mariana Islands.CommentsClose CommentsPermalink





Sec. 654. Continued operation of commissary and exchange stores serving Brunswick Naval Air Station, Maine.CommentsClose CommentsPermalink

Subtitle F--Alternative Career Track Pilot Program

Sec. 661. Pilot program to evaluate alternative career track for commissioned officers to facilitate an increased commitment to academic and professional education and career-broadening assignments.CommentsClose CommentsPermalink

Subtitle G--Other Matters

Sec. 671. Participation of members of the Armed Forces Health Professions Scholarship and Financial Assistance program in active duty health profession loan repayment program.CommentsClose CommentsPermalink





Sec. 672. Retention of enlistment, reenlistment, and student loan benefits received by military technicians (dual status).CommentsClose CommentsPermalink





Sec. 673. Cancellation of loans of members of the Armed Forces made from student loan funds.CommentsClose CommentsPermalink





Sec. 674. Report on provision of additional incentives for recruitment and retention of health care professionals for reserve components.CommentsClose CommentsPermalink





Sec. 675. Flexible commencement dates for availability of homeowner assistance for members of the Armed Forces permanently reassigned during mortgage crisis.CommentsClose CommentsPermalink





Sec. 676. Exclusion of persons convicted of committing certain sex offenses from receiving certain burial-related benefits and funeral honors.CommentsClose CommentsPermalink





Sec. 677. Scholarship program for veterans for pursuit of graduate and post-graduate degrees in behavioral health sciences.CommentsClose CommentsPermalink

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

Sec. 701. Extension of prohibition on increases in certain health care costs.CommentsClose CommentsPermalink





Sec. 702. Extension of dependent coverage under TRICARE.CommentsClose CommentsPermalink





Sec. 703. Survivor dental benefits.CommentsClose CommentsPermalink





Sec. 704. Aural screenings for members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 705. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program.CommentsClose CommentsPermalink





Sec. 706. Suicide among members of the Individual Ready Reserve and individual mobilization augmentees.CommentsClose CommentsPermalink





Sec. 707. Provision of information to members of the reserve components regarding health care benefits.CommentsClose CommentsPermalink

Subtitle B--Health Care Administration

Sec. 711. Administration of TRICARE.CommentsClose CommentsPermalink





Sec. 712. Updated terminology for the Army medical service corps.CommentsClose CommentsPermalink





Sec. 713. Clarification of licensure requirements applicable to military health-care professionals who are members of the national guard performing duty while in title 32 status.CommentsClose CommentsPermalink





Sec. 714. Annual report on joint health care facilities of the Department of Defense and the Department of Veterans Affairs.CommentsClose CommentsPermalink





Sec. 715. Improvements to oversight of medical training for Medical Corps officers.CommentsClose CommentsPermalink





Sec. 716. Study on reimbursement for costs of health care provided to ineligible individuals.CommentsClose CommentsPermalink





Sec. 717. Limitation on transfer of funds to Department of Defense-Department of Veterans Affairs medical facility demonstration project.CommentsClose CommentsPermalink





Sec. 718. Enterprise risk assessment of health information technology programs.CommentsClose CommentsPermalink

Subtitle C--Other Matters

Sec. 721. Improving aural protection for members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 722. Comprehensive policy on neurocognitive assessment by the military health care system.CommentsClose CommentsPermalink





Sec. 723. National Casualty Care Research Center.CommentsClose CommentsPermalink





Sec. 724. Report on feasibility of study on breast cancer among female members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 725. Assessment of post-traumatic stress disorder by military occupation.CommentsClose CommentsPermalink





Sec. 726. Visiting NIH Senior Neuroscience Fellowship Program.CommentsClose CommentsPermalink





Sec. 727. Pilot program on payment for treatment of members of the Armed Forces and veterans for traumatic brain injury and post-traumatic stress disorder.CommentsClose CommentsPermalink





Sec. 728. Post-traumatic stress disorder counseling for civilian victims of the Fort Hood shooting and other similar incidents.CommentsClose CommentsPermalink





Sec. 729. Sense of Congress concerning the implementation of the congressionally-mandated recommendations of the Institute of Medicine study.CommentsClose CommentsPermalink

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A--Acquisition Policy and Management

Sec. 801. Disclosure to litigation support contractors.CommentsClose CommentsPermalink





Sec. 802. Designation of F135 and F136 engine development and procurement programs as major subprograms.CommentsClose CommentsPermalink





Sec. 803. Conforming amendments relating to inclusion of major subprograms to major defense acquisition programs under various acquisition-related requirements.CommentsClose CommentsPermalink





Sec. 804. Enhancement of Department of Defense authority to respond to combat and safety emergencies through rapid acquisition and deployment of urgently needed supplies.CommentsClose CommentsPermalink





Sec. 805. Prohibition on contracts with entities engaging in commercial activity in the energy sector of Iran.CommentsClose CommentsPermalink

Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations

Sec. 811. Extension of authority to procure certain fibers; limitation on specification.CommentsClose CommentsPermalink





Sec. 812. Small arms production industrial base matters.CommentsClose CommentsPermalink





Sec. 813. Additional definition relating to production of specialty metals within the United States.CommentsClose CommentsPermalink

Subtitle C--Studies and Reports

Sec. 821. Studies to analyze alternative models for acquisition and funding of technologies supporting network-centric operations.CommentsClose CommentsPermalink





Sec. 822. Annual joint report and Comptroller General review on contracting in Iraq and Afghanistan.CommentsClose CommentsPermalink





Sec. 823. Extension of Comptroller General review and report on contracting in Iraq and Afghanistan.CommentsClose CommentsPermalink





Sec. 824. Interim report on review of impact of covered subsidies on acquisition of KC-45 aircraft.CommentsClose CommentsPermalink





Sec. 825. Reports on Joint Capabilities Integration and Development System.CommentsClose CommentsPermalink

Subtitle D--Other Matters

Sec. 831. Extension of authority for defense acquisition challenge program.CommentsClose CommentsPermalink





Sec. 832. Energy savings performance contracts.CommentsClose CommentsPermalink





Sec. 833. Consideration of sustainable practices in procurement of products and services.CommentsClose CommentsPermalink





Sec. 834. Definition of materials critical to national security.CommentsClose CommentsPermalink





Sec. 835. Determination of strategic or critical rare earth materials for defense applications.CommentsClose CommentsPermalink





Sec. 836. Review of national security exception to competition.CommentsClose CommentsPermalink





Sec. 837. Inclusion of bribery in disclosure requirements of the Federal awardee performance and integrity information system.CommentsClose CommentsPermalink





Sec. 838. Requirement for entities with facility clearances that are not under foreign ownership control or influence mitigation.CommentsClose CommentsPermalink





Sec. 839. Report related to minority-owned, women-owned, and disadvantaged-owned small businesses.CommentsClose CommentsPermalink





Sec. 840. Defense industrial base priority for rare earth neodymium iron boron magnets.CommentsClose CommentsPermalink





Sec. 841. Sense of Congress regarding cost savings through reductions in waste, fraud, and abuse.CommentsClose CommentsPermalink





Sec. 842. Procurement of articles, materials, and supplies for use outside the United States.CommentsClose CommentsPermalink





Sec. 843. Additional information on waivers under Buy American Act by Department of Defense required to be included in annual report.CommentsClose CommentsPermalink





Sec. 844. Requirement to include effects on domestic jobs in periodic assessments of defense capability.CommentsClose CommentsPermalink





Sec. 845. Extension of regulations on contractors performing private security functions.CommentsClose CommentsPermalink





Sec. 846. Procurement of photovoltaic devices.CommentsClose CommentsPermalink





Sec. 847. Requirement for contracts in Iraq and Afghanistan to use employees and not independent contractors for private security services.CommentsClose CommentsPermalink





Sec. 848. Consideration of unfair competitive advantage in evaluation of offers for KC-X aerial refueling aircraft program.CommentsClose CommentsPermalink





Sec. 849. Debarment of BP and its subsidiaries.CommentsClose CommentsPermalink





Sec. 850. Office of Federal Procurement Policy Act amendments.CommentsClose CommentsPermalink





Sec. 851. Requirement to justify the use of factors other than cost or price as the predominate factors in evaluating competitive proposals for defense procurement contracts.CommentsClose CommentsPermalink





Sec. 852. Penalties on contractors not providing information to databases on contracts in Iraq and Afghanistan.CommentsClose CommentsPermalink

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.CommentsClose CommentsPermalink





Sec. 902. Realignment of the organizational structure of the Office of the Secretary of Defense to carry out the reduction required by law in the number of Deputy Under Secretaries of Defense.CommentsClose CommentsPermalink





Sec. 903. Unified medical command.CommentsClose CommentsPermalink

Subtitle B--Space Activities

Sec. 911. Integrated space architectures.CommentsClose CommentsPermalink

Subtitle C--Intelligence-Related Matters

Sec. 921. Five-year extension of authority for Secretary of Defense to engage in commercial activities as security for intelligence collection activities.CommentsClose CommentsPermalink





Sec. 922. Space and counterspace intelligence analysis.CommentsClose CommentsPermalink





Sec. 923. Audits of intelligence community by Government Accountability Office.CommentsClose CommentsPermalink

Subtitle D--Other Matters

Sec. 931. Revisions to the board of regents for the Uniformed Services University of the Health Sciences.CommentsClose CommentsPermalink





Sec. 932. Increased flexibility for Combatant Commander Initiative Fund.CommentsClose CommentsPermalink





Sec. 933. Two-year extension of authorities relating to temporary waiver of reimbursement of costs of activities for nongovernmental personnel at Department of Defense Regional Centers for Security Studies.CommentsClose CommentsPermalink





Sec. 934. Additional requirements for quadrennial roles and missions review in 2011.CommentsClose CommentsPermalink





Sec. 935. Codification of congressional notification requirement before permanent relocation of any United States military unit stationed outside the United States.CommentsClose CommentsPermalink

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.CommentsClose CommentsPermalink





Sec. 1002. Authorization of additional appropriations for operations in Afghanistan, Iraq, and Haiti for fiscal year 2010.CommentsClose CommentsPermalink





Sec. 1003. Budgetary effects of this Act.CommentsClose CommentsPermalink

Subtitle B--Counter-Drug Activities

Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia.CommentsClose CommentsPermalink





Sec. 1012. Joint task forces support to law enforcement agencies conducting counterterrorism activities.CommentsClose CommentsPermalink





Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug activities.CommentsClose CommentsPermalink





Sec. 1014. Support for counter-drug activities of certain foreign governments.CommentsClose CommentsPermalink

Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Requirements for long-range plan for construction of naval vessels.CommentsClose CommentsPermalink





Sec. 1022. Requirements for the decommissioning of naval vessels.CommentsClose CommentsPermalink





Sec. 1023. Requirements for the size of the Navy battle force fleet.CommentsClose CommentsPermalink





Sec. 1024. Retention and status of certain naval vessels.CommentsClose CommentsPermalink





Sec. 1025. Expressing the sense of Congress regarding the naming of a naval combat vessel after Father Vincent Capodanno.CommentsClose CommentsPermalink

Subtitle D--Counterterrorism

Sec. 1031. Extension of certain authority for making rewards for combating terrorism.CommentsClose CommentsPermalink





Sec. 1032. Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





Sec. 1033. Certification requirements relating to the transfer of individuals detained at Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities.CommentsClose CommentsPermalink





Sec. 1034. Prohibition on the use of funds to modify or construct facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





Sec. 1035. Comprehensive review of force protection policies.CommentsClose CommentsPermalink





Sec. 1036. Fort Hood Follow-on Review Implementation Fund.CommentsClose CommentsPermalink





Sec. 1037. Inspector General investigation of the conduct and practices of lawyers representing individuals detained at Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





Sec. 1038. Prohibition on use of funds to give Miranda warnings to Al Qaeda terrorists.CommentsClose CommentsPermalink

Subtitle E--Studies and Reports

Sec. 1041. Department of Defense aerospace-related mishap safety investigation reports.CommentsClose CommentsPermalink





Sec. 1042. Interagency national security knowledge and skills.CommentsClose CommentsPermalink





Sec. 1043. Report on establishing a Northeast Regional Joint Training Center.CommentsClose CommentsPermalink





Sec. 1044. Comptroller General report on previously requested reports.CommentsClose CommentsPermalink





Sec. 1045. Report on nuclear triad.CommentsClose CommentsPermalink





Sec. 1046. Cybersecurity study and report.CommentsClose CommentsPermalink





Sec. 1047. Study on common alignment of world regions in departments and agencies with international responsibilities.CommentsClose CommentsPermalink





Sec. 1048. Required reports concerning bomber modernization, sustainment, and recapitalization efforts in support of the national defense strategy.CommentsClose CommentsPermalink

Subtitle F--Other Matters

Sec. 1051. National Defense Panel.CommentsClose CommentsPermalink





Sec. 1052. Quadrennial defense review.CommentsClose CommentsPermalink





Sec. 1053. Sale of surplus military equipment to State and local homeland security and emergency management agencies.CommentsClose CommentsPermalink





Sec. 1054. Department of Defense rapid innovation program.CommentsClose CommentsPermalink





Sec. 1055. Technical and clerical amendments.CommentsClose CommentsPermalink





Sec. 1056. Budgeting for the sustainment and modernization of nuclear delivery systems.CommentsClose CommentsPermalink





Sec. 1057. Limitation on nuclear force reductions.CommentsClose CommentsPermalink





Sec. 1058. Sense of Congress on the Nuclear Posture Review.CommentsClose CommentsPermalink





Sec. 1059. Strategic assessment of strategic challenges posed by potential competitors.CommentsClose CommentsPermalink





Sec. 1060. Electronic access to certain classified information.CommentsClose CommentsPermalink





Sec. 1061. Justice for victims of torture and terrorism.CommentsClose CommentsPermalink





Sec. 1062. Policy regarding appropriate use of Department of Defense resources.CommentsClose CommentsPermalink





Sec. 1063. Executive agent for preventing the introduction of counterfeit microelectronics into the defense supply chain.CommentsClose CommentsPermalink





Sec. 1064. Shared information regarding training exercises.CommentsClose CommentsPermalink





Sec. 1065. Sense of Congress regarding presidential letters of condolence to the families of members of the Armed Forces who have died by suicide.CommentsClose CommentsPermalink





Sec. 1066. Findings and sense of Congress on Obesity and Federal Child Nutrition Programs.CommentsClose CommentsPermalink





Sec. 1067. Sense of Congress regarding recreational hunting and fishing on military installations.CommentsClose CommentsPermalink





Sec. 1068. Sense of Congress encouraging the President to order the United States flag to be flown over United States military and civilian outposts in Haiti during earthquake relief efforts.CommentsClose CommentsPermalink





Sec. 1069. Study on optimal balance of manned and unmanned aerial vehicle capability.CommentsClose CommentsPermalink

TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority for the Department of Defense to approve an alternate method of processing equal employment opportunity complaints within one or more component organizations under specified circumstances.CommentsClose CommentsPermalink





Sec. 1102. Clarification of authorities at personnel demonstration laboratories.CommentsClose CommentsPermalink





Sec. 1103. Special rule relating to certain overtime pay.CommentsClose CommentsPermalink





Sec. 1104. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.CommentsClose CommentsPermalink





Sec. 1105. Waiver of certain pay limitations.CommentsClose CommentsPermalink





Sec. 1106. Services of post-combat case coordinators.CommentsClose CommentsPermalink





Sec. 1107. Authority to waive maximum age limit for certain appointments.CommentsClose CommentsPermalink





Sec. 1108. Sense of Congress regarding waiver of recovery of certain payments made under civilian employees voluntary separation incentive program.CommentsClose CommentsPermalink





Sec. 1109. Suspension of DCIPS pay authority extended for a year.CommentsClose CommentsPermalink





Sec. 1110. Federal Internship Programs.CommentsClose CommentsPermalink

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Expansion of authority for support of special operations to combat terrorism.CommentsClose CommentsPermalink





Sec. 1202. Addition of allied government agencies to enhanced logistics interoperability authority.CommentsClose CommentsPermalink





Sec. 1203. Modification and extension of authorities relating to program to build the capacity of foreign military forces.CommentsClose CommentsPermalink





Sec. 1204. Air Force scholarships for Partnership for Peace nations to participate in the Euro-NATO Joint Jet Pilot Training Program.CommentsClose CommentsPermalink

Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1211. Limitation on availability of funds for certain purposes relating to Iraq.CommentsClose CommentsPermalink





Sec. 1212. Commanders’ Emergency Response Program.CommentsClose CommentsPermalink





Sec. 1213. Modification of authority for reimbursement to certain coalition nations for support provided to United States military operations.CommentsClose CommentsPermalink





Sec. 1214. Modification of report on responsible redeployment of United States Armed Forces from Iraq.CommentsClose CommentsPermalink





Sec. 1215. Modification of reports relating to Afghanistan.CommentsClose CommentsPermalink





Sec. 1216. No permanent military bases in Afghanistan.CommentsClose CommentsPermalink





Sec. 1217. Authority to use funds for reintegration activities in Afghanistan.CommentsClose CommentsPermalink





Sec. 1218. One-year extension of Pakistan Counterinsurgency Fund.CommentsClose CommentsPermalink





Sec. 1219. Authority to use funds to provide support to coalition forces supporting military and stability operations in Iraq and Afghanistan.CommentsClose CommentsPermalink





Sec. 1220. Requirement to provide United States brigade and equivalent units deployed to Afghanistan with the commensurate level of unit and theater-wide combat enablers.CommentsClose CommentsPermalink





Sec. 1221. Limitation on availability of funds for elections in Afghanistan.CommentsClose CommentsPermalink





Sec. 1222. Recommendations on oversight of contractors engaged in activities relating to Afghanistan.CommentsClose CommentsPermalink





Sec. 1223. Report on long-term costs of Operation Iraqi Freedom and Operation Enduring Freedom.CommentsClose CommentsPermalink

Subtitle C--Other Matters

Sec. 1231. NATO Special Operations Coordination Center.CommentsClose CommentsPermalink





Sec. 1232. National Military Strategic Plan to Counter Iran.CommentsClose CommentsPermalink





Sec. 1233. Report on Department of Defense’s plans to reform the export control system.CommentsClose CommentsPermalink





Sec. 1234. Report on United States efforts to defend against threats posed by the advanced anti-access capabilities of potentially hostile foreign countries.CommentsClose CommentsPermalink





Sec. 1235. Report on force structure changes in composition and capabilities at military installations in Europe.CommentsClose CommentsPermalink





Sec. 1236. Sense of Congress on missile defense and New Start Treaty with Russian Federation.CommentsClose CommentsPermalink





Sec. 1237. Report on the strategic implications of the successful negotiation of an incidents at sea agreement between the United States and the Government of Iran.CommentsClose CommentsPermalink





Sec. 1238. Requirement to monitor and evaluate Department of Defense activities to counter violent extremism in Africa.CommentsClose CommentsPermalink





Sec. 1239. Report on certain Iraqis affiliated with the United States.CommentsClose CommentsPermalink

TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.CommentsClose CommentsPermalink





Sec. 1302. Funding allocations.CommentsClose CommentsPermalink

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.CommentsClose CommentsPermalink





Sec. 1402. Study on working capital fund cash balances.CommentsClose CommentsPermalink





Sec. 1403. Modification of certain working capital fund requirements.CommentsClose CommentsPermalink





Sec. 1404. Reduction of unobligated balances within the Pentagon Reservation Maintenance Revolving Fund.CommentsClose CommentsPermalink





Sec. 1405. National Defense Sealift Fund.CommentsClose CommentsPermalink





Sec. 1406. Chemical agents and munitions destruction, defense.CommentsClose CommentsPermalink





Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink





Sec. 1408. Defense Inspector General.CommentsClose CommentsPermalink





Sec. 1409. Defense Health Program.CommentsClose CommentsPermalink

Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.CommentsClose CommentsPermalink





Sec. 1412. Revision to required receipt objectives for previously authorized disposals from the National Defense Stockpile.CommentsClose CommentsPermalink

Subtitle C--Other Matters

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home.CommentsClose CommentsPermalink





Sec. 1422. Plan for funding fuel infrastructure sustainment, restoration, and modernization requirements.CommentsClose CommentsPermalink

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

Sec. 1501. Purpose.CommentsClose CommentsPermalink





Sec. 1502. Army procurement.CommentsClose CommentsPermalink





Sec. 1503. Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink





Sec. 1504. Navy and Marine Corps procurement.CommentsClose CommentsPermalink





Sec. 1505. Air Force procurement.CommentsClose CommentsPermalink





Sec. 1506. Defense-wide activities procurement.CommentsClose CommentsPermalink





Sec. 1507. Iron Dome short-range rocket defense program.CommentsClose CommentsPermalink





Sec. 1508. National Guard and Reserve equipment.CommentsClose CommentsPermalink





Sec. 1509. Mine Resistant Ambush Protected Vehicle Fund.CommentsClose CommentsPermalink





Sec. 1510. Research, development, test, and evaluation.CommentsClose CommentsPermalink





Sec. 1511. Operation and maintenance.CommentsClose CommentsPermalink





Sec. 1512. Limitations on availability of funds in Afghanistan Security Forces Fund.CommentsClose CommentsPermalink





Sec. 1513. Limitations on Iraq Security Forces Fund.CommentsClose CommentsPermalink





Sec. 1514. Military personnel.CommentsClose CommentsPermalink





Sec. 1515. Working capital funds.CommentsClose CommentsPermalink





Sec. 1516. Defense Health Program.CommentsClose CommentsPermalink





Sec. 1517. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink





Sec. 1518. Defense Inspector General.CommentsClose CommentsPermalink





Sec. 1519. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq.CommentsClose CommentsPermalink





Sec. 1520. Availability of funds for rapid force protection in Afghanistan.CommentsClose CommentsPermalink





Sec. 1521. Treatment as additional authorizations.CommentsClose CommentsPermalink





Sec. 1522. Special transfer authority.CommentsClose CommentsPermalink





Sec. 1523. Report on mine resistant ambush protected vehicles.CommentsClose CommentsPermalink

TITLE XVI--IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED FORCES

Sec. 1601. Definition of Department of Defense sexual assault prevention and response program and other definitions.CommentsClose CommentsPermalink

Subtitle A--Immediate Actions to Improve Department of Defense Sexual Assault Prevention and Response Program

Sec. 1611. Specific budgeting for Department of Defense sexual assault prevention and response program.CommentsClose CommentsPermalink





Sec. 1612. Consistency in terminology, position descriptions, program standards, and organizational structures.CommentsClose CommentsPermalink





Sec. 1613. Guidance for commanders.CommentsClose CommentsPermalink





Sec. 1614. Commander consultation with victims of sexual assault.CommentsClose CommentsPermalink





Sec. 1615. Oversight and evaluation.CommentsClose CommentsPermalink





Sec. 1616. Sexual assault reporting hotline.CommentsClose CommentsPermalink





Sec. 1617. Review of application of sexual assault prevention and response program to reserve components.CommentsClose CommentsPermalink





Sec. 1618. Review of effectiveness of revised Uniform Code of Military Justice offenses regarding rape, sexual assault, and other sexual misconduct.CommentsClose CommentsPermalink





Sec. 1619. Training and education programs for sexual assault prevention and response program.CommentsClose CommentsPermalink





Sec. 1620. Use of sexual assault forensic medical examiners.CommentsClose CommentsPermalink





Sec. 1621. Sexual Assault Advisory Board.CommentsClose CommentsPermalink





Sec. 1622. Department of Defense Sexual Assault Advisory Council.CommentsClose CommentsPermalink





Sec. 1623. Service-level sexual assault review boards.CommentsClose CommentsPermalink





Sec. 1624. Renewed emphasis on acquisition of centralized Department of Defense sexual assault database.CommentsClose CommentsPermalink

Subtitle B--Sexual Assault Prevention Strategy and Annual Reporting Requirement

Sec. 1631. Comprehensive Department of Defense sexual assault prevention strategy.CommentsClose CommentsPermalink





Sec. 1632. Annual report on sexual assaults involving members of the Armed Forces and sexual assault prevention and response program.CommentsClose CommentsPermalink

Subtitle C--Amendments to Title 10

Sec. 1641. Sexual Assault Prevention and Response Office.CommentsClose CommentsPermalink





Sec. 1642. Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.CommentsClose CommentsPermalink





Sec. 1643. Sexual assault victims access to legal counsel and Victim Advocate services.CommentsClose CommentsPermalink





Sec. 1644. Notification of command of outcome of court-martial involving charges of sexual assault.CommentsClose CommentsPermalink





Sec. 1645. Copy of record of court-martial to victim of sexual assault involving a member of the Armed Forces.CommentsClose CommentsPermalink





Sec. 1646. Medical care for victims of sexual assault.CommentsClose CommentsPermalink





Sec. 1647. Privilege against disclosure of certain communications with Sexual Assault Victim Advocates.CommentsClose CommentsPermalink





Sec. 1648. Expedited consideration and priority for application for consideration of a permanent change of station or unit transfer based on humanitarian conditions for victim of sexual assault.CommentsClose CommentsPermalink

Subtitle D--Other Matters

Sec. 1661. Recruiter selection and oversight.CommentsClose CommentsPermalink





Sec. 1662. Availability of services under sexual assault prevention and response program for dependents of members, military retirees, Department of Defense civilian employees, and defense contractor employees.CommentsClose CommentsPermalink





Sec. 1663. Application of sexual assault prevention and response program in training environments.CommentsClose CommentsPermalink





Sec. 1664. Application of sexual assault prevention and response program in remote environments and joint basing situations.CommentsClose CommentsPermalink

TITLE XVII--FEDERAL INFORMATION SECURITY

Subtitle A--Federal Information Security Amendments

Sec. 1701. Coordination of Federal Information Policy.CommentsClose CommentsPermalink





Sec. 1702. Information security acquisition requirements.CommentsClose CommentsPermalink





Sec. 1703. Technical and conforming amendments.CommentsClose CommentsPermalink





Sec. 1704. Effective date.CommentsClose CommentsPermalink

Subtitle B--Federal Chief Technology Officer

Sec. 1711. Office of the Chief Technology Officer.CommentsClose CommentsPermalink

TITLE XVIII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT

Sec. 1801. Short title.CommentsClose CommentsPermalink





Sec. 1802. Recognition of the suffering and loyalty of the residents of Guam.CommentsClose CommentsPermalink





Sec. 1803. Payments for Guam World War II claims.CommentsClose CommentsPermalink





Sec. 1804. Adjudication.CommentsClose CommentsPermalink





Sec. 1805. Grants program to memorialize the occupation of Guam during World War II.CommentsClose CommentsPermalink





Sec. 1806. Authorization of appropriations.CommentsClose CommentsPermalink

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.CommentsClose CommentsPermalink





Sec. 2002. Expiration of authorizations and amounts required to be specified by law.CommentsClose CommentsPermalink





Sec. 2003. Effective date.CommentsClose CommentsPermalink





Sec. 2004. General reduction across division.CommentsClose CommentsPermalink

TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink





Sec. 2102. Family housing.CommentsClose CommentsPermalink





Sec. 2103. Use of unobligated Army military construction funds in conjunction with funds provided by the Commonwealth of Virginia to carry out certain fiscal year 2002 project.CommentsClose CommentsPermalink





Sec. 2104. Modification of authority to carry out certain fiscal year 2009 project.CommentsClose CommentsPermalink





Sec. 2105. Modification of authority to carry out certain fiscal year 2010 project.CommentsClose CommentsPermalink





Sec. 2106. Extension of authorizations of certain fiscal year 2008 projects.CommentsClose CommentsPermalink

TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink





Sec. 2202. Family housing.CommentsClose CommentsPermalink





Sec. 2203. Technical amendment to reflect multi-increment fiscal year 2010 project.CommentsClose CommentsPermalink





Sec. 2204. Extension of authorization of certain fiscal year 2008 project.CommentsClose CommentsPermalink

TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink





Sec. 2302. Family housing.CommentsClose CommentsPermalink





Sec. 2303. Extension of authorization of certain fiscal year 2007 project.CommentsClose CommentsPermalink

TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink





Sec. 2402. Family housing.CommentsClose CommentsPermalink





Sec. 2403. Energy conservation projects.CommentsClose CommentsPermalink

Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide.CommentsClose CommentsPermalink





Sec. 2412. Modification of authority to carry out certain fiscal year 2000 project.CommentsClose CommentsPermalink

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2502. Authorization of appropriations, NATO.CommentsClose CommentsPermalink

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink





Sec. 2602. Authorized Army Reserve construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink





Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink





Sec. 2604. Authorized Air National Guard construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink





Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink





Sec. 2606. Extension of authorizations of certain fiscal year 2008 projects.CommentsClose CommentsPermalink

TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

Subtitle A--Authorizations

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 1990.CommentsClose CommentsPermalink





Sec. 2702. Authorized base realignment and closure activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink





Sec. 2703. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink

Subtitle B--Other Matters

Sec. 2711. Transportation plan for BRAC 133 project under Fort Belvoir, Virginia, BRAC initiative.CommentsClose CommentsPermalink

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing Changes

Sec. 2801. Availability of military construction information on Internet.CommentsClose CommentsPermalink





Sec. 2802. Authority to transfer proceeds from sale of military family housing to Department of Defense Family Housing Improvement Fund.CommentsClose CommentsPermalink





Sec. 2803. Enhanced authority for provision of excess contributions for NATO Security Investment program.CommentsClose CommentsPermalink





Sec. 2804. Duration of authority to use Pentagon Reservation Maintenance Revolving Fund for construction and repairs at Pentagon Reservation.CommentsClose CommentsPermalink





Sec. 2805. Authority to use operation and maintenance funds for construction projects inside the United States Central Command area of responsibility.CommentsClose CommentsPermalink





Sec. 2806. Veterans to Work pilot program for military construction projects.CommentsClose CommentsPermalink

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Notice-and-wait requirements applicable to real property transactions.CommentsClose CommentsPermalink





Sec. 2812. Treatment of proceeds generated from leases of non-excess property involving military museums.CommentsClose CommentsPermalink





Sec. 2813. Repeal of expired authority to lease land for special operations activities.CommentsClose CommentsPermalink





Sec. 2814. Former Naval Bombardment Area, Culebra Island, Puerto Rico.CommentsClose CommentsPermalink





Sec. 2815. Clarification of authority of Secretary to assist with development of public infrastructure in connection with the establishment or expansion of a military installation.CommentsClose CommentsPermalink

Subtitle C--Provisions Related to Guam Realignment

Sec. 2821. Sense of Congress regarding importance of providing community adjustment assistance to Government of Guam.CommentsClose CommentsPermalink





Sec. 2822. Department of Defense assistance for community adjustments related to realignment of military installations and relocation of military personnel on Guam.CommentsClose CommentsPermalink





Sec. 2823. Extension of term of Deputy Secretary of Defense’s leadership of Guam Oversight Council.CommentsClose CommentsPermalink





Sec. 2824. Utility conveyances to support integrated water and wastewater treatment system on Guam.CommentsClose CommentsPermalink





Sec. 2825. Report on types of facilities required to support Guam realignment.CommentsClose CommentsPermalink





Sec. 2826. Report on civilian infrastructure needs for Guam.CommentsClose CommentsPermalink





Sec. 2827. Comptroller General report on planned replacement Naval Hospital on Guam.CommentsClose CommentsPermalink

Subtitle D--Energy Security

Sec. 2831. Consideration of environmentally sustainable practices in Department energy performance plan.CommentsClose CommentsPermalink





Sec. 2832. Plan and implementation guidelines for achieving Department of Defense goal regarding use of renewable energy to meet facility energy needs.CommentsClose CommentsPermalink





Sec. 2833. Insulation retrofitting assessment for Department of Defense facilities.CommentsClose CommentsPermalink

Subtitle E--Land Conveyances

Sec. 2841. Conveyance of personal property related to waste-to-energy power plant serving Eielson Air Force Base, Alaska.CommentsClose CommentsPermalink





Sec. 2842. Land conveyance, Whittier Petroleum, Oil, and Lubricant Tank Farm, Whittier, Alaska.CommentsClose CommentsPermalink





Sec. 2843. Land conveyance, Fort Knox, Kentucky.CommentsClose CommentsPermalink





Sec. 2844. Land conveyance, Naval Support Activity (West Bank), New Orleans, Louisiana.CommentsClose CommentsPermalink





Sec. 2845. Land conveyance, former Navy Extremely Low Frequency communications project site, Republic, Michigan.CommentsClose CommentsPermalink





Sec. 2846. Land conveyance, Marine Forces Reserve Center, Wilmington, North Carolina.CommentsClose CommentsPermalink

Subtitle F--Other Matters

Sec. 2851. Requirements related to providing world class military medical facilities.CommentsClose CommentsPermalink





Sec. 2852. Naming of Armed Forces Reserve Center, Middletown, Connecticut.CommentsClose CommentsPermalink

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

Subtitle A--Fiscal Year 2010 Projects

Sec. 2901. Authorized Army construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink





Sec. 2902. Authorized Air Force construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Fiscal Year 2011 Projects

Sec. 2911. Authorized Army construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink





Sec. 2912. Authorized Air Force construction and land acquisition projects and authorization of appropriations.CommentsClose CommentsPermalink





Sec. 2913. Authorized Defense Wide Construction and Land Acquisition Projects and Authorization of Appropriations.CommentsClose CommentsPermalink





Sec. 2914. Construction authorization for Department of Defense facilities in a foreign country.CommentsClose CommentsPermalink

Subtitle C--Other Matters

Sec. 2921. Notification of obligation of funds and quarterly reports.CommentsClose CommentsPermalink

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.CommentsClose CommentsPermalink





Sec. 3102. Defense environmental cleanup.CommentsClose CommentsPermalink





Sec. 3103. Other defense activities.CommentsClose CommentsPermalink





Sec. 3104. Energy security and assurance.CommentsClose CommentsPermalink

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Extension of authority relating to the International Materials Protection, Control, and Accounting Program of the Department of Energy.CommentsClose CommentsPermalink





Sec. 3112. Energy parks initiative.CommentsClose CommentsPermalink





Sec. 3113. Establishment of technology transfer centers.CommentsClose CommentsPermalink





Sec. 3114. Aircraft procurement.CommentsClose CommentsPermalink





Sec. 3115. Enhancing private-sector employment through technology transfer activities.CommentsClose CommentsPermalink

Subtitle C--Reports

Sec. 3121. Comptroller General report on NNSA biennial complex modernization strategy.CommentsClose CommentsPermalink





Sec. 3122. Report on graded security protection policy.CommentsClose CommentsPermalink

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.CommentsClose CommentsPermalink

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for national security aspects of the merchant marine for fiscal year 2011.CommentsClose CommentsPermalink





Sec. 3502. Extension of Maritime Security Fleet program.CommentsClose CommentsPermalink





Sec. 3503. United States Merchant Marine Academy nominations of residents of the Northern Mariana Islands.CommentsClose CommentsPermalink





Sec. 3504. Administrative expenses for Port of Guam Improvement Enterprise Program.CommentsClose CommentsPermalink





Sec. 3505. Vessel loan guarantees: procedures for traditional and nontraditional applications.CommentsClose CommentsPermalink

DIVISION D--IMPLEMENTING MANAGEMENT FOR PERFORMANCE AND RELATED REFORMS TO OBTAIN VALUE IN EVERY ACQUISITION ACT

Sec. 100A. Short title.CommentsClose CommentsPermalink





Sec. 100B. Definition of congressional defense committees.CommentsClose CommentsPermalink

TITLE I--DEFENSE ACQUISITION SYSTEM

Sec. 101. Performance management of the defense acquisition system.CommentsClose CommentsPermalink





Sec. 102. Meaningful consideration by Joint Requirements Oversight Council of input from certain officials.CommentsClose CommentsPermalink





Sec. 103. Performance management for the Joint Capabilities Integration and Development System.CommentsClose CommentsPermalink





Sec. 104. Requirements for the acquisition of services.CommentsClose CommentsPermalink





Sec. 105. Joint evaluation task forces.CommentsClose CommentsPermalink





Sec. 106. Review of defense acquisition guidance.CommentsClose CommentsPermalink





Sec. 107. Requirement to include references to services acquisition throughout the Federal Acquisition Regulation.CommentsClose CommentsPermalink





Sec. 108. Procurement of military purpose nondevelopmental items.CommentsClose CommentsPermalink

TITLE II--DEFENSE ACQUISITION WORKFORCE

Sec. 201. Acquisition workforce excellence.CommentsClose CommentsPermalink





Sec. 202. Amendments to the acquisition workforce demonstration project.CommentsClose CommentsPermalink





Sec. 203. Incentive programs for civilian and military personnel in the acquisition workforce.CommentsClose CommentsPermalink





Sec. 204. Career development for civilian and military personnel in the acquisition workforce.CommentsClose CommentsPermalink





Sec. 205. Recertification and training requirements.CommentsClose CommentsPermalink





Sec. 206. Information technology acquisition workforce.CommentsClose CommentsPermalink





Sec. 207. Definition of acquisition workforce.CommentsClose CommentsPermalink





Sec. 208. Defense Acquisition University curriculum review.CommentsClose CommentsPermalink





Sec. 209. Cost estimating internship and scholarship programs.CommentsClose CommentsPermalink





Sec. 210. Prohibition on personal services contracts for senior mentors.CommentsClose CommentsPermalink

TITLE III--FINANCIAL MANAGEMENT

Sec. 301. Incentives for achieving auditability.CommentsClose CommentsPermalink





Sec. 302. Measures required after failure to achieve auditability.CommentsClose CommentsPermalink





Sec. 303. Review of obligation and expenditure thresholds.CommentsClose CommentsPermalink





Sec. 304. Disclosure and traceability of the cost of Department of Defense health care contracts.CommentsClose CommentsPermalink

TITLE IV--INDUSTRIAL BASE

Sec. 401. Expansion of the industrial base.CommentsClose CommentsPermalink





Sec. 402. Commercial pricing analysis.CommentsClose CommentsPermalink





Sec. 403. Contractor and grantee disclosure of delinquent Federal tax debts.CommentsClose CommentsPermalink





Sec. 404. Independence of contract audits and business system reviews.CommentsClose CommentsPermalink





Sec. 405. Blue ribbon panel on eliminating barriers to contracting with the Department of Defense.CommentsClose CommentsPermalink





Sec. 406. Inclusion of the providers of services and information technology in the national technology and industrial base.CommentsClose CommentsPermalink





Sec. 407. Construction of Act on competition requirements for the acquisition of services.CommentsClose CommentsPermalink





Sec. 408. Acquisition Savings Program.CommentsClose CommentsPermalink





Sec. 409. Sense of Congress regarding compliance with the Berry Amendment, the Buy American Act, and labor standards of the United States.CommentsClose CommentsPermalink





Sec. 410. Industrial Base Council and Fund.CommentsClose CommentsPermalink

TITLE V--OTHER MATTERS

Sec. 501. Clothing allowance requirement.CommentsClose CommentsPermalink





Sec. 502. Requirement that cost or price to the Federal Government be given at least equal importance as technical or other criteria in evaluating competitive proposals for defense contracts.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 4. TREATMENT OF SUCCESSOR CONTINGENCY OPERATION TO OPERATION IRAQI FREEDOM.

Any law or regulation applicable to Operation Iraqi Freedom shall apply in the same manner and to the same extent to the successor contingency operation known as Operation New Dawn, except as specifically provided in this Act, any amendment made by this Act, or any other law enacted after the date of the enactment of this Act.CommentsClose CommentsPermalink

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONSCommentsClose CommentsPermalink

TITLE I--PROCUREMENTCommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal year 2011 for procurement for the Army as follows:CommentsClose CommentsPermalink





(1) For aircraft, $5,986,361,000.CommentsClose CommentsPermalink





(2) For missiles, $1,631,463,000.CommentsClose CommentsPermalink





(3) For weapons and tracked combat vehicles, $1,616,245,000.CommentsClose CommentsPermalink





(4) For ammunition, $1,946,948,000.CommentsClose CommentsPermalink





(5) For other procurement, $9,398,728,000.CommentsClose CommentsPermalink

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy- Funds are hereby authorized to be appropriated for fiscal year 2011 for procurement for the Navy as follows:CommentsClose CommentsPermalink





(1) For aircraft, $19,132,613,000.CommentsClose CommentsPermalink





(2) For weapons, including missiles and torpedoes, $3,350,894,000.CommentsClose CommentsPermalink





(3) For shipbuilding and conversion, $15,724,520,000.CommentsClose CommentsPermalink





(4) For other procurement, $6,450,208,000.CommentsClose CommentsPermalink





(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2011 for procurement for the Marine Corps in the amount of $1,379,044,000.CommentsClose CommentsPermalink





(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2011 for procurement of ammunition for the Navy and the Marine Corps in the amount of $817,991,000.CommentsClose CommentsPermalink

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year 2011 for procurement for the Air Force as follows:CommentsClose CommentsPermalink





(1) For aircraft, $15,355,908,000.CommentsClose CommentsPermalink





(2) For ammunition, $672,420,000.CommentsClose CommentsPermalink





(3) For missiles, $5,470,772,000.CommentsClose CommentsPermalink





(4) For other procurement, $17,911,730,000.CommentsClose CommentsPermalink

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal year 2011 for Defense-wide procurement in the amount of $4,399,768,000.CommentsClose CommentsPermalink

Subtitle B--Army ProgramsCommentsClose CommentsPermalink

SEC. 111. PROCUREMENT OF EARLY INFANTRY BRIGADE COMBAT TEAM INCREMENT ONE EQUIPMENT.

(a) Limitation on Production Quantities- Except as provided in subsection (c), the Secretary of Defense may not procure more than two brigade sets of early-infantry brigade combat team increment one equipment (in this section referred to as a ‘brigade set’).CommentsClose CommentsPermalink





(b) Applicability to Long-lead Production Items- The limitation in subsection (a) includes procurement of a long-lead item for an element of a brigade set beyond the two brigade sets authorized under such subsection.CommentsClose CommentsPermalink





(c) Waiver- The Under Secretary of Defense for Acquisition, Technology, and Logistics may waive the limitation in subsection (a) if--CommentsClose CommentsPermalink





(1) the Under Secretary submits to Congress written certification that--CommentsClose CommentsPermalink





(A) the initial operational test and evaluation of the brigade set has been completed;CommentsClose CommentsPermalink





(B) the Director of Operational Test and Evaluation has submitted to Congress a report describing the results of the initial operational test and evaluation (as described in section 2399(b) of title 10, United States Code) and the comparative test of the brigade set;CommentsClose CommentsPermalink





(C) all of the subsystems tested in the initial operational test and evaluation were tested in the intended production configuration; andCommentsClose CommentsPermalink





(D) all radios planned for fielding with the brigade set have received the appropriate National Security Agency approvals, as determined by the Under Secretary; andCommentsClose CommentsPermalink





(2) a period of 30 days has elapsed after the date on which the certification under paragraph (1) is received.CommentsClose CommentsPermalink





(d) Exception for Meeting Operational Need Statement Requirements- The limitation in subsection (a) does not apply to the procurement of individual components of the brigade set if the procurement of such components is specifically intended to address an operational need statement requirement (as described in Army Regulation 71-9 or a successor regulation).CommentsClose CommentsPermalink

SEC. 112. REPORT ON ARMY BATTLEFIELD NETWORK PLANS AND PROGRAMS.

(a) Report Required- Not later than March 1, 2011, the Secretary of the Army shall submit to the congressional defense committees a report on plans for fielding tactical communications network equipment. Such report shall include--CommentsClose CommentsPermalink





(1) an explanation of the current communications architecture of every level of the Army;CommentsClose CommentsPermalink





(2) an explanation of the future communications architecture of every level of the Army;CommentsClose CommentsPermalink





(3) the quantities and types of new equipment that the Secretary plans to procure in the 5-year period following the date on which the report is submitted in order to develop the architecture described in paragraph (2);CommentsClose CommentsPermalink





(4) a list of the equipment described in paragraph (3) that is included in the budget of the President for fiscal year 2012 (as submitted to Congress pursuant to section 1105 of title 31, United States Code); andCommentsClose CommentsPermalink





(5) for each item included in the list of equipment described in paragraph (3)--CommentsClose CommentsPermalink





(A) an updated average procurement unit cost for each year of the covered 5-year period; andCommentsClose CommentsPermalink





(B) the updated total Army acquisition objective.CommentsClose CommentsPermalink





(b) Limitation on Obligation of Funds- Except as provided in subsection (c), of the funds authorized to be appropriated by this or any other Act for fiscal year 2011 for procurement, Army, for tactical radios or tactical communications network equipment, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the report is submitted under subsection (a).CommentsClose CommentsPermalink





(c) Exception for Meeting Operational Need Statement Requirements- The limitation in subsection (b) does not apply to the procurement of tactical radio or tactical communications network equipment if the procurement of such equipment is specifically intended to address an operational need statement requirement (as described in Army Regulation 71-9 or a successor regulation).CommentsClose CommentsPermalink





(d) Tactical Communications Network Equipment Defined- In this section, the term ‘tactical communications network equipment’ means all electronic communications systems operated by a tactical unit (of brigade size or smaller) of the Army.CommentsClose CommentsPermalink

SEC. 113. LIMITATION ON USE OF FUNDS FOR LINE-HAUL TRACTORS.

(a) Limitation- None of the funds authorized to be appropriated by section 101(5) for other procurement, Army, may be obligated or expended by the Secretary of the Army for line-haul tractors unless the source selection is made based on a full and open competition.CommentsClose CommentsPermalink





(b) Waiver- The Secretary of the Army may waive the limitation under subsection (a) if the Secretary certifies to the congressional defense committees by not later than 90 days after the date of the enactment of this Act that a sole source selection--CommentsClose CommentsPermalink





(1) is needed to fulfill mission requirements; orCommentsClose CommentsPermalink





(2) is more cost effective than a full and open competition.CommentsClose CommentsPermalink

Subtitle C--Navy ProgramsCommentsClose CommentsPermalink

SEC. 121. INCREMENTAL FUNDING FOR PROCUREMENT OF LARGE NAVAL VESSELS.

(a) Incremental Funding of Large Naval Vessels- Except as provided in subsection (b), the Secretary of the Navy may use incremental funding for the procurement of a large naval vessel over a period not to exceed the number of years equal to three-fourths of the total period of planned ship construction of such vessel.CommentsClose CommentsPermalink





(b) LPD 26- With respect to the vessel designated LPD 26, the Secretary may use incremental funding for the procurement of such vessel through fiscal year 2012 if the Secretary determines that such incremental funding--CommentsClose CommentsPermalink





(1) is in the best interest of the overall shipbuilding efforts of the Navy;CommentsClose CommentsPermalink





(2) is needed to provide the Secretary with the ability to facilitate changes to the shipbuilding industrial base of the Navy; andCommentsClose CommentsPermalink





(3) will provide the Secretary with the ability to award a contract for construction of the vessel that provides the best value to the United States.CommentsClose CommentsPermalink





(c) Condition for Out-year Contract Payments- A contract entered into under subsection (a) or (b) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after the fiscal year the vessel was authorized is subject to the availability of appropriations for that purpose for that later fiscal year.CommentsClose CommentsPermalink





(d) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘large naval vessel’ means a vessel--CommentsClose CommentsPermalink





(A) that is--CommentsClose CommentsPermalink





(i) an aircraft carrier designated a CVN;CommentsClose CommentsPermalink





(ii) an amphibious assault ship designated LPD, LHA, LHD, or LSD; orCommentsClose CommentsPermalink





(iii) an auxiliary vessel; andCommentsClose CommentsPermalink





(B) that has a light ship displacement of 17,000 tons or more.CommentsClose CommentsPermalink





(2) The term ‘total period of planned ship construction’ means the period of years beginning on the date of the first authorization of funding (not including funding requested for advance procurement) and ending on the date that is projected on the date of the first authorization of funding to be the delivery date of the vessel to the Navy.CommentsClose CommentsPermalink

SEC. 122. MULTIYEAR PROCUREMENT OF F/A-18E, F/A-18F, AND EA-18G AIRCRAFT.

(a) Multiyear Procurement-CommentsClose CommentsPermalink





(1) ADDITIONAL AUTHORITY- Section 128 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2217) is amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(e) Updated Report- With respect to a multiyear contract entered into under subsection (a), the Secretary of Defense may submit to the congressional defense committees an update to the report under section 2306b(l)(4) of title 10, United States Code, by not later than September 1, 2010.CommentsClose CommentsPermalink





‘(f) Required Authority- Notwithstanding any other provision of law, with respect to a multiyear contract entered into under subsection (a), this section shall be deemed to meet the requirements under subsection (i)(3) and (l)(3) of section 2306b of title 10, United States Code.CommentsClose CommentsPermalink





‘(g) Exception to Certain Requirement- Section 8008(b) of the Department of Defense Appropriations Act, 1998 (Public Law 105-56; 10 U.S.C. 2306b note) shall not apply to a multiyear contract entered into under subsection (a).CommentsClose CommentsPermalink





‘(h) Use of Funds-CommentsClose CommentsPermalink





‘(1) PROCUREMENT- In accordance with paragraph (2), the Secretary of Defense shall ensure that all funds authorized to be appropriated for the advance procurement or procurement of F/A-18E, F/A-18F, or EA-18G aircraft under this section are obligated or expended for such purpose.CommentsClose CommentsPermalink





‘(2) USE OF EXCESS FUNDS- The Secretary of Defense shall ensure that any excess funds are obligated or expended for the advance procurement or procurement of F/A-18E or F/A-18F aircraft under this section, regardless of whether such aircraft are in addition to the 515 F/A-18E and F/A-18F aircraft planned by the Secretary of the Navy.CommentsClose CommentsPermalink





‘(3) EXCESS FUNDS DEFINED- In this subsection, the term ‘excess funds’, with respect to funds available for the advance procurement or procurement of F/A-18E, F/A-18F, or EA-18G aircraft under this section, means the amount of funds that is equal to the difference of--CommentsClose CommentsPermalink





‘(A) the sum of--CommentsClose CommentsPermalink





‘(i) the funds authorized to be appropriated by this Act or otherwise available for fiscal year 2010 for the advance procurement and procurement of F/A-18E, F/A-18F, or EA-18G aircraft; andCommentsClose CommentsPermalink





‘(ii) the funding levels for the advance procurement and procurement of such aircraft for fiscal years 2011 through 2013 proposed by the Secretary of Defense in the future-years defense program for fiscal year 2011 submitted under section 221 of title 10, United States Code; andCommentsClose CommentsPermalink





‘(B) the funds required to execute the multiyear contracts for the advance procurement and procurement of such aircraft under this section.’.CommentsClose CommentsPermalink





(2) EXTENSION OF CERTIFICATION- Paragraph (2) of subsection (a) of such section is amended by striking ‘a reference to March’ and inserting ‘a reference to September’.CommentsClose CommentsPermalink





(b) Full Funding Certification- Paragraph (1) of section 8011 of the Department of Defense Appropriations Act, 2010 (Public Law 111-118; 10 U.S.C. 2306b note) is amended by inserting after ‘within 30 days of enactment of this Act’ the following: ‘(or in the case of a multiyear contract for the procurement of F/A-18E, F/A-18F, or EA-18G aircraft, by the date that is not less than 30 days prior to the contract award)’.CommentsClose CommentsPermalink

SEC. 123. REPORT ON NAVAL FORCE STRUCTURE AND MISSILE DEFENSE.

(a) Report- Not later than March 1, 2011, the Secretary of the Navy, in coordination with the Chief of Naval Operations, shall submit to the congressional defense committees a report on the requirements of the major combatant surface vessels with respect to missile defense.CommentsClose CommentsPermalink





(b) Matters Included- The report shall include the following:CommentsClose CommentsPermalink





(1) An analysis of whether the requirement for sea-based missile defense can be accommodated by upgrading Aegis ships that exist as of the date of the report or by procuring additional combatant surface vessels.CommentsClose CommentsPermalink





(2) Whether such sea-based missile defense will require increasing the overall number of combatant surface vessels beyond the requirement of 88 cruisers and destroyers in the 313-ship fleet plan of the Navy.CommentsClose CommentsPermalink





(3) The number of Aegis ships needed by each combatant commander to fulfill ballistic missile defense requirements, including (in consultation with the Chairman of the Joints Chiefs of Staff) the number of such ships needed to support the phased, adaptive approach to ballistic missile defense in Europe.CommentsClose CommentsPermalink





(4) A discussion of the potential effect of ballistic missile defense operations on the ability of the Navy to meet surface fleet demands in each geographic area and for each mission set.CommentsClose CommentsPermalink





(5) An evaluation of how the Aegis ballistic missile defense program can succeed as part of a balanced fleet of adequate size and strength to meet the security needs of the United States.CommentsClose CommentsPermalink





(6) A description of both the shortfalls and the benefits of expected technological advancements in the sea-based missile defense program.CommentsClose CommentsPermalink





(7) A description of the anticipated plan for deployment of Aegis ballistic missile ships within the context of the fleet response plan.CommentsClose CommentsPermalink

Subtitle D--Air Force ProgramsCommentsClose CommentsPermalink

SEC. 131. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR F-22 FIGHTER AIRCRAFT.

Subsection (b) of section 133 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.2219) is amended by striking ‘2010’ and inserting ‘2011’.CommentsClose CommentsPermalink

Subtitle E--Joint and Multiservice MattersCommentsClose CommentsPermalink

SEC. 141. LIMITATION ON PROCUREMENT OF F-35 LIGHTNING II AIRCRAFT.

(a) Limitation- Except as provided in subsection (c), of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2011 for aircraft procurement, Air Force, and aircraft procurement, Navy, for F-35 Lightning II aircraft, not more than an amount necessary for the procurement of 30 such aircraft may be obligated or expended unless--CommentsClose CommentsPermalink





(1) the certifications under subsection (b) are received by the congressional defense committees on or before January 15, 2011; andCommentsClose CommentsPermalink





(2) a period of 15 days has elapsed after the date of such receipt.CommentsClose CommentsPermalink





(b) Certifications- Not later than January 15, 2011--CommentsClose CommentsPermalink





(1) the Under Secretary of Defense for Acquisition, Technology, and Logistics shall certify in writing to the congressional defense committees that--CommentsClose CommentsPermalink





(A) each of the 11 scheduled system development and demonstration aircraft planned in the schedule for delivery during 2010 has been delivered to the designated test location;CommentsClose CommentsPermalink





(B) the initial service release has been granted for the F135 engine designated for the short take-off and vertical landing variant;CommentsClose CommentsPermalink





(C) facility configuration and industrial tooling capability and capacity is sufficient to support production of at least 42 F-35 aircraft for fiscal year 2011;CommentsClose CommentsPermalink





(D) block 1.0 software has been released and is in flight test;CommentsClose CommentsPermalink





(E) the Secretary of Defense has--CommentsClose CommentsPermalink





(i) determined that two F-35 aircraft from low-rate initial production 1 have met established criteria for acceptance; andCommentsClose CommentsPermalink





(ii) accepted such aircraft for delivery; andCommentsClose CommentsPermalink





(F) advance procurement funds appropriated for the advance procurement of F136 engines for fiscal years 2009 and 2010 have either been obligated or the Secretary of Defense has submitted a reprogramming action to the congressional defense committees that would reprogram such funds to meet other F136 development requirements; andCommentsClose CommentsPermalink





(2) the Director of Operational Test and Evaluation shall certify in writing to the congressional defense committees that--CommentsClose CommentsPermalink





(A) the F-35C aircraft designated as CF-1 has effectively accomplished its first flight;CommentsClose CommentsPermalink





(B) the 394 F-35 aircraft test flights planned in the schedule to occur during 2010 have been completed with sufficient results;CommentsClose CommentsPermalink





(C) 95 percent of the 3,772 flight test points planned for completion in 2010 were accomplished;CommentsClose CommentsPermalink





(D) the conventional take-off and land variant low observable signature flight test has been conducted and the results of such test have met or exceeded threshold key performance parameters;CommentsClose CommentsPermalink





(E) six F136 engines have been made available for testing; andCommentsClose CommentsPermalink





(F) not less than 1,000 test hours have been completed in the F136 system development and demonstration program.CommentsClose CommentsPermalink





(c) Waiver- After January 15, 2011, the Secretary of Defense may waive the limitation in subsection (a) if each of the following occurs:CommentsClose CommentsPermalink





(1) The written certification described in subsection (b)(1) is submitted by the Under Secretary of Defense for Acquisition, Technology, and Logistics not later than January 15, 2011.CommentsClose CommentsPermalink





(2) The Under Secretary of Defense for Acquisition, Technology, and Logistics certifies in writing to the congressional defense committees that the failure to fully achieve the milestones described in subsection (b)(2) will not--CommentsClose CommentsPermalink





(A) delay or otherwise negatively affect the F-35 aircraft test schedule for fiscal year 2011;CommentsClose CommentsPermalink





(B) impede production of 42 F-35 aircraft in such fiscal year; andCommentsClose CommentsPermalink





(C) otherwise increase risk to the F-35 aircraft program.CommentsClose CommentsPermalink





(3) A period of 30 days has elapsed after the date on which the certification under paragraph (2) is submitted to the congressional defense committees.CommentsClose CommentsPermalink





(d) Schedule Defined- In this section, the term ‘schedule’ means the F-35 Lightning II program update schedule received by the congressional defense committees on March 15, 2010.CommentsClose CommentsPermalink

SEC. 142. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS.

(a) General Limitation- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2011 for biometrics programs and operations, not more than 85 percent may be obligated or expended until--CommentsClose CommentsPermalink





(1) the Secretary of Defense submits to the congressional defense committees a report on the actions taken--CommentsClose CommentsPermalink





(A) to implement subparagraphs (A) through (F) of paragraph (16) of the National Security Presidential Directive dated June 5, 2008 (NSPD-59);CommentsClose CommentsPermalink





(B) to implement the recommendations of the Comptroller General of the United States included in the report of the Comptroller General numbered GAO-08-1065 dated September 2008;CommentsClose CommentsPermalink





(C) to implement the recommendations of the Comptroller General included in the report of the Comptroller General numbered GAO-09-49 dated October 2008;CommentsClose CommentsPermalink





(D) to fully and completely characterize the current biometrics architecture and establish the objective architecture for the Department of Defense;CommentsClose CommentsPermalink





(E) to ensure that an official of the Office of the Secretary of Defense has the authority necessary to be responsible for ensuring that all funding for biometrics programs and operations is programmed, budgeted, and executed; andCommentsClose CommentsPermalink





(F) to ensure that an officer within the Office of the Joint Chiefs of Staff has the authority necessary to be responsible for ensuring the development and implementation of common and interoperable standards for the collection, storage, and use of biometrics data by all combatant commanders and their commands; andCommentsClose CommentsPermalink





(2) a period of 30 days has elapsed after the date on which the report is submitted under paragraph (1).CommentsClose CommentsPermalink





(b) Specific Limitation- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2011 for biometrics programs and operations may be obligated or expended unless the Under Secretary of Defense for Acquisition, Technology, and Logistics (acting through the Director of Defense Biometrics) approves such obligation or expenditure in writing.CommentsClose CommentsPermalink

SEC. 143. COUNTER-IMPROVISED EXPLOSIVE DEVICE INITIATIVES DATABASE.

(a) Comprehensive Database-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall develop and maintain a comprehensive database containing appropriate information for coordinating, tracking, and archiving each counter-improvised explosive device initiative within the Department of Defense. The database shall, at a minimum, ensure the visibility of each counter-improvised explosive device initiative.CommentsClose CommentsPermalink





(2) USE OF INFORMATION- Using information contained in the database developed under paragraph (1), the Secretary, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall--CommentsClose CommentsPermalink





(A) identify and eliminate redundant counter-improvised explosive device initiatives;CommentsClose CommentsPermalink





(B) facilitate the transition of counter-improvised explosive device initiatives from funding under the Joint Improvised Explosive Device Defeat Fund to funding provided by the military departments; andCommentsClose CommentsPermalink





(C) notify the appropriate personnel and organizations prior to a counter-improvised explosive device initiative being funded through the Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink





(3) COORDINATION- In carrying out paragraph (1), the Secretary shall ensure that the Secretary of each military department coordinates and collaborates on development of the database to ensure its interoperability, completeness, consistency, and effectiveness.CommentsClose CommentsPermalink





(b) Metrics- The Secretary of Defense, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall--CommentsClose CommentsPermalink





(1) develop appropriate means to measure the effectiveness of counter-improvised explosive device initiatives; andCommentsClose CommentsPermalink





(2) prioritize the funding of such initiatives according to such means.CommentsClose CommentsPermalink





(c) Elimination of Prior Notice Requirement- Subsection (c) of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4649), is further amended--CommentsClose CommentsPermalink





(1) by striking paragraph (4); andCommentsClose CommentsPermalink





(2) by redesignating paragraph (5) as paragraph (4).CommentsClose CommentsPermalink





(d) Counter-improvised Explosive Device Initiative Defined- In this section, the term ‘counter-improvised explosive device initiative’ means any project, program, or research activity funded by any component of the Department of Defense that is intended to assist or support efforts to counter, combat, or defeat the use of improvised explosive devices.CommentsClose CommentsPermalink

SEC. 144. STUDY ON LIGHTWEIGHT BODY ARMOR SOLUTIONS.

(a) Study Required- The Secretary of Defense shall enter into a contract with a federally funded research and development center to conduct a study to--CommentsClose CommentsPermalink





(1) assess the effectiveness of the processes used by the Secretary to identify and examine the requirements for lighter weight body armor systems; andCommentsClose CommentsPermalink





(2) determine ways in which the Secretary may more effectively address the research, development, and procurement requirements regarding reducing the weight of body armor.CommentsClose CommentsPermalink





(b) Matters Covered- The study conducted under subsection (a) shall include findings and recommendations regarding the following:CommentsClose CommentsPermalink





(1) The requirement for lighter weight body armor and personal protective equipment and the ability of the Secretary to meet such requirement.CommentsClose CommentsPermalink





(2) Innovative design ideas for more modular body armor that allow for scalable protection levels for various missions and threats.CommentsClose CommentsPermalink





(3) The need for research, development, and acquisition funding dedicated specifically for reducing the weight of body armor.CommentsClose CommentsPermalink





(4) The efficiency and effectiveness of current body armor funding procedures and processes.CommentsClose CommentsPermalink





(5) Industry concerns, capabilities, and willingness to invest in the development and production of lightweight body armor initiatives.CommentsClose CommentsPermalink





(6) Barriers preventing the development of lighter weight body armor (including such barriers with respect to technical, institutional, or financial problems).CommentsClose CommentsPermalink





(7) Changes to procedures or policy with respect to lightweight body armor.CommentsClose CommentsPermalink





(8) Other areas of concern not previously addressed by equipping boards, body armor producers, or program managers.CommentsClose CommentsPermalink





(c) Submission to Congress- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study conducted under subsection (a).CommentsClose CommentsPermalink

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATIONCommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2011 for the use of the Department of Defense for research, development, test, and evaluation as follows:CommentsClose CommentsPermalink





(1) For the Army, $10,316,754,000.CommentsClose CommentsPermalink





(2) For the Navy, $17,978,646,000.CommentsClose CommentsPermalink





(3) For the Air Force, $27,269,902,000.CommentsClose CommentsPermalink





(4) For Defense-wide activities, $20,908,006,000, of which $194,910,000 is authorized for the Director of Operational Test and Evaluation.CommentsClose CommentsPermalink

Subtitle B--Program Requirements, Restrictions, and LimitationsCommentsClose CommentsPermalink

SEC. 211. REPORT REQUIREMENTS FOR REPLACEMENT PROGRAM OF THE OHIO-CLASS BALLISTIC MISSILE SUBMARINE.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) The sea-based strategic deterrence provided by the ballistic missile submarine force of the Navy has been essential to the national security of the United States since the deployment of the first ballistic missile submarine, the USS George Washington SSBN 598, in 1960.CommentsClose CommentsPermalink





(2) Since 1960, a total of 59 submarines have served the United States to provide the sea-based strategic deterrence.CommentsClose CommentsPermalink





(3) As of the date of the enactment of this Act, the sea-based strategic deterrence is provided by the tremendous capability of the 14 ships of the Ohio-class submarine force, which have been the primary sea-based deterrent force for more than two decades.CommentsClose CommentsPermalink





(4) Ballistic missile submarines are the most survivable asset in the arsenal of the United States in the event of a surprise nuclear attack on the country because, being submerged for months at a time, these submarines are virtually undetectable to any adversary and therefore invulnerable to attack, thus providing the submarines with the ability to respond with significant force against any adversary who attacks the United States or its allies.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) as Ohio-class submarines reach the end of their service life and are retired, the United States must maintain the robust sea-based strategic deterrent force that has the ability to remain undetected by potential adversaries and must have the capability to deliver a retaliatory strike of such magnitude that no rational actor would dare attack the United States;CommentsClose CommentsPermalink





(2) the Secretary of Defense should conduct a comprehensive analysis of the alternative capabilities to provide the sea-based strategic deterrence that includes consideration of different types and sizes of submarines, different types and sizes of missile systems, the number of submarines necessary to provide such deterrence, and the cost of each alternative; andCommentsClose CommentsPermalink





(3) prior to requesting more than $1,000,000,000 in research and development funding to develop a replacement for the Ohio-class ballistic missile submarine force in advance of a Milestone A decision, the Secretary of Defense should have made available to Congress the guidance issued by the Director of Cost Assessment and Performance Evaluation with respect to the analysis of alternative capabilities and the results of such analysis.CommentsClose CommentsPermalink





(c) Limitation-CommentsClose CommentsPermalink





(1) REPORT- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2011 for research and development for the Navy, not more than 50 percent may be obligated or expended to research or develop a submarine as a replacement for the Ohio-class ballistic missile submarine force unless--CommentsClose CommentsPermalink





(A) the Secretary of Defense submits to the congressional defense committees a report including--CommentsClose CommentsPermalink





(i) guidance issued by the Director of Cost Assessment and Performance Evaluation with respect to the analysis of alternative capabilities to provide the sea-based strategic deterrence currently provided by the Ohio-class ballistic missile submarine force and any other guidance relating to requirements for such alternatives intended to affect the analysis;CommentsClose CommentsPermalink





(ii) an analysis of the alternative capabilities considered by the Secretary to continue the sea-based strategic deterrence currently provided by the Ohio-class ballistic missile submarine force, including--CommentsClose CommentsPermalink





(I) the cost estimates for each alternative capability;CommentsClose CommentsPermalink





(II) the operational challenges and benefits associated with each alternative capability; andCommentsClose CommentsPermalink





(III) the time needed to develop and deploy each alternative capability; andCommentsClose CommentsPermalink





(iii) detailed reasoning associated with the decision to replace the capability of sea-based deterrence provided by the Ohio-class ballistic missile submarine force with an alternative capability designed to carry the Trident II D5 missile; andCommentsClose CommentsPermalink





(B) a period of 30 days has elapsed after the date on which the report under subparagraph (A) is submitted.CommentsClose CommentsPermalink





(2) FORM- The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink

SEC. 212. LIMITATION ON OBLIGATION OF FUNDS FOR F-35 LIGHTNING II AIRCRAFT PROGRAM.

Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2011 for research, development, test, and evaluation for the F-35 Lightning II aircraft program, not more than 75 percent may be obligated until the date that is 15 days after the date on which the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees certification in writing that all funds made available for fiscal year 2011 for the continued development and procurement of a competitive propulsion system for the F-35 Lightning II aircraft have been obligated.CommentsClose CommentsPermalink

SEC. 213. INCLUSION IN ANNUAL BUDGET REQUEST AND FUTURE-YEARS DEFENSE PROGRAM OF SUFFICIENT AMOUNTS FOR CONTINUED DEVELOPMENT AND PROCUREMENT OF COMPETITIVE PROPULSION SYSTEM FOR F-35 LIGHTNING II AIRCRAFT.

(a) Annual Budget- Chapter 9 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 236. Budgeting for competitive propulsion system for F-35 Lightning II aircraft

‘(a) Annual Budget- Effective for the budget for fiscal year 2012 and each fiscal year thereafter, the Secretary of Defense shall include in the defense budget materials a request for such amounts as are necessary for the full funding of the continued development and procurement of a competitive propulsion system for the F-35 Lightning II aircraft.CommentsClose CommentsPermalink





‘(b) Future-years Defense Program- In each future-years defense program submitted to Congress under section 221 of this title, the Secretary of Defense shall ensure that the estimated expenditures and proposed appropriations for the F-35 Lightning II aircraft, for each fiscal year of the period covered by that program, include sufficient amounts for the full funding of the continued development and procurement of a competitive propulsion system for the F-35 Lightning II aircraft.CommentsClose CommentsPermalink





‘(c) Requirement to Obligate and Expend Funds- Of the amounts authorized to be appropriated for fiscal year 2011 or any fiscal year thereafter, for research, development, test, and evaluation and procurement for the F-35 Lightning II aircraft program, the Secretary of Defense shall ensure the obligation and expenditure in each such fiscal year of sufficient annual amounts for the continued development and procurement of two options for the propulsion system for the F-35 Lightning II aircraft in order to ensure the development and competitive production for the propulsion system for such aircraft.CommentsClose CommentsPermalink





‘(d) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) The term ‘budget’, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.CommentsClose CommentsPermalink





‘(2) The term ‘defense budget materials’, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by at the end the following new item:CommentsClose CommentsPermalink





‘236. Budgeting for competitive propulsion system for F-35 Lightning II aircraft.’.CommentsClose CommentsPermalink





(c) Conforming Repeal- Section 213 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) is repealed.CommentsClose CommentsPermalink

SEC. 214. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH AND DEVELOPMENT OF JOINT LIGHT TACTICAL VEHICLE.

In the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2012, and each subsequent fiscal year, the Secretary shall ensure that within each research, development, test, and evaluation account of the Army and the Navy a separate, dedicated program element is assigned to the Joint Light Tactical Vehicle.CommentsClose CommentsPermalink

Subtitle C--Missile Defense ProgramsCommentsClose CommentsPermalink

SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR MISSILE DEFENSES IN EUROPE.

(a) Limitation on Construction and Deployment of Systems- No funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2011 or any fiscal year thereafter may be obligated or expended for site activation, construction, preparation of equipment for, or deployment of a medium-range or long-range missile defense system in Europe until--CommentsClose CommentsPermalink





(1) any nation agreeing to host such system has signed and ratified a missile defense basing agreement and a status of forces agreement; andCommentsClose CommentsPermalink





(2) a period of 45 days has elapsed following the date on which the Secretary of Defense submits to the congressional defense committees the report on the independent assessment of alternative missile defense systems in Europe required by section 235(c)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2235).CommentsClose CommentsPermalink





(b) Limitation on Procurement or Deployment of Interceptors- No funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2011 or any fiscal year thereafter may be obligated or expended for the procurement (other than initial long-lead procurement) or deployment of operational missiles of a medium-range or long-range missile defense system in Europe until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to the congressional defense committees a report certifying that the proposed interceptor to be deployed as part of such missile defense system has demonstrated, through successful, operationally realistic flight testing, a high probability of working in an operationally effective manner and that such missile defense system has the ability to accomplish the mission.CommentsClose CommentsPermalink





(c) Conforming Repeal- Section 234 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-81; 123 Stat. 2234) is repealed.CommentsClose CommentsPermalink

SEC. 222. REPEAL OF PROHIBITION OF CERTAIN CONTRACTS BY MISSILE DEFENSE AGENCY WITH FOREIGN ENTITIES.

Section 222 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1055; 10 U.S.C. 2431 note) is repealed.CommentsClose CommentsPermalink

SEC. 223. PHASED, ADAPTIVE APPROACH TO MISSILE DEFENSE IN EUROPE.

(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the new phased, adaptive approach to missile defense in Europe, announced by the President on September 17, 2009, should be supported by sound analysis, program plans, schedules, and technologies that are credible;CommentsClose CommentsPermalink





(2) the cost, performance, and risk of such approach to missile defense should be well understood; andCommentsClose CommentsPermalink





(3) Congress should have access to information regarding the analyses, plans, schedules, technologies, cost, performance, and risk of such approach to missile defense in order to conduct effective oversight.CommentsClose CommentsPermalink





(b) Report Required-CommentsClose CommentsPermalink





(1) REPORT- The Secretary of Defense shall submit to the congressional defense committees a report on the phased, adaptive approach to missile defense in Europe.CommentsClose CommentsPermalink





(2) MATTERS INCLUDED- The report under paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) A discussion of the analyses conducted by the Secretary of Defense preceding the announcement of the phased, adaptive Approach to missile defense in Europe on September 17, 2009, including--CommentsClose CommentsPermalink





(i) a description of any alternatives considered;CommentsClose CommentsPermalink





(ii) the criteria used to analyze each such alternative; andCommentsClose CommentsPermalink





(iii) the result of each analysis, including a description of the criteria used to judge each alternative.CommentsClose CommentsPermalink





(B) A discussion of any independent assessments or reviews of alternative approaches to missile defense in Europe considered by the Secretary in support of the announcement of the phased, adaptive approach to missile defense in Europe on September 17, 2009.CommentsClose CommentsPermalink





(C) A description of the architecture for each of the four phases of the phased, adaptive approach to missile defense in Europe, including--CommentsClose CommentsPermalink





(i) the composition, basing locations, and quantities of ballistic missile defense assets, including ships, batteries, interceptors, radars and other sensors, and command and control nodes;CommentsClose CommentsPermalink





(ii) program schedules and site-specific schedules with task activities, test plans, and knowledge and decision points;CommentsClose CommentsPermalink





(iii) technology maturity levels of missile defense assets and plans for retiring technical risks;CommentsClose CommentsPermalink





(iv) planned performance of missile defense assets and defended area coverage, including sensitivity analysis to various basing scenarios and varying threat capabilities (including simple and complex threats, liquid and solid-fueled ballistic missiles, and varying raid sizes);CommentsClose CommentsPermalink





(v) operational concepts and how such operational concepts effect force structure and inventory requirements;CommentsClose CommentsPermalink





(vi) total cost estimates and funding profiles, by year, for acquisition, fielding, and operations and support; andCommentsClose CommentsPermalink





(vii) acquisition strategies.CommentsClose CommentsPermalink





(3) GAO- The Comptroller General of the United States shall submit to the congressional defense committees a report assessing the report under paragraph (1) pursuant to section 232(g) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2431 note).CommentsClose CommentsPermalink





(c) Limitation on Funds- Of the amounts authorized to be appropriated by section 301(5) for operation and maintenance, Defense-wide, for the Office of the Secretary of Defense, not more than 95 percent of such amounts may be obligated or expended until the date on which the report required under subsection (b)(1) is submitted to the congressional defense committees.CommentsClose CommentsPermalink

SEC. 224. HOMELAND DEFENSE HEDGING POLICY.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) As noted by the Director of National Intelligence, testifying before the Senate Select Committee on Intelligence on February 2, 2010, ‘the Iranian regime continues to flout UN Security Council restrictions on its nuclear program. . .we judge Iran would likely choose missile delivery as its preferred method of delivering a nuclear weapon. Iran already has the largest inventory of ballistic missiles in the Middle East and it continues to expand the scale, reach, and sophistication of its ballistic missile forces--many of which are inherently capable of carrying a nuclear payload.’.CommentsClose CommentsPermalink





(2) The Unclassified Report on Military Power of Iran, dated April 2010, states that, ‘with sufficient foreign assistance, Iran could probably develop and test an intercontinental ballistic missile (ICBM) capable of reaching the United States by 2015. Iran could also have an intermediate-range ballistic missile (IRBM) capable of threatening Europe.’.CommentsClose CommentsPermalink





(3) Under phase 3 of the phased, adaptive approach for missile defense in Europe (scheduled for 2018), the United States plans to deploy the standard missile-3 block IIA interceptor at sea- and land-based sites in addition to existing missile defense systems to provide coverage for all NATO allies in Europe against medium- and intermediate-range ballistic missiles.CommentsClose CommentsPermalink





(4) Under phase 4 of the phased, adaptive approach for missile defense in Europe (scheduled for 2020), the United States plans to deploy the standard missile-3 block IIB interceptor to provide additional coverage of the United States against a potential intercontinental ballistic missile launched from the Middle East in the 2020 time frame.CommentsClose CommentsPermalink





(5) According to the February 2010 Ballistic Missile Defense Review, the United States will continue the development and assessment of a two-stage ground-based interceptor as part of a hedging strategy and, as further noted by the Under Secretary of Defense for Policy during testimony before the Committee on Armed Services of the House of Representatives on October 1, 2009, ‘we keep the development of the two-stage [ground-based interceptor] on the books as a hedge in case things come earlier, in case there’s any kind of technological challenge with the later models of the [standard missile-3].’.CommentsClose CommentsPermalink





(b) Policy- It shall be the policy of the United States to--CommentsClose CommentsPermalink





(1) field missile defense systems in Europe that--CommentsClose CommentsPermalink





(A) provide protection against medium- and intermediate-range ballistic missile threats consistent with NATO policy and the phased, adapted approach for missile defense announced on September 17, 2009; andCommentsClose CommentsPermalink





(B) have been confirmed to perform the assigned mission after successful, operationally realistic testing;CommentsClose CommentsPermalink





(2) field missile defenses to protect the territory of the United States pursuant to the National Missile Defense Act of 1999 (Public Law 106-38; 10 U.S.C. 2431 note) and to test those systems in an operationally realistic manner;CommentsClose CommentsPermalink





(3) ensure that the standard missile-3 block IIA interceptor planned for phase 3 of the phased, adaptive approach for missile defense is capable of addressing intermediate-range ballistic missiles launched from the Middle East and the standard missile-3 block IIB interceptor planned for phase 4 of such approach is capable of addressing intercontinental ballistic missiles launched from the Middle East; andCommentsClose CommentsPermalink





(4) continue the development and testing of the two-stage ground-based interceptor to maintain it--CommentsClose CommentsPermalink





(A) as a means of protection in the event that--CommentsClose CommentsPermalink





(i) the intermediate-range ballistic missile threat to NATO allies in Europe materializes before the availability of the standard missile-3 block IIA interceptor;CommentsClose CommentsPermalink





(ii) the intercontinental ballistic missile threat to the United States that cannot be countered with the existing ground-based missile defense system materializes before the availability of the standard missile-3 block IIB interceptor; orCommentsClose CommentsPermalink





(iii) technical challenges or schedule delays affect the standard missile-3 block IIA interceptor or the standard missile-3 block IIB interceptor; andCommentsClose CommentsPermalink





(B) as a complement to the missile defense capabilities deployed in Alaska and California for the defense of the United States.CommentsClose CommentsPermalink

SEC. 225. INDEPENDENT ASSESSMENT OF THE PLAN FOR DEFENSE OF THE HOMELAND AGAINST THE THREAT OF BALLISTIC MISSILES.

(a) Finding- Congress finds that section 2 of the National Missile Defense Act of 1999 (Public Law 106-38; 10 U.S.C. 2431 note) states that it is the policy of the United States to deploy as soon as is technologically possible an effective National Missile Defense system capable of defending the territory of the United States against limited ballistic missile attack (whether accidental, unauthorized, or deliberate) with funding subject to the annual authorization of appropriations and the annual appropriation of funds for National Missile Defense.CommentsClose CommentsPermalink





(b) Assessment- The Secretary of Defense shall contract with an independent entity to conduct an assessment of the plans of the Secretary for defending the territory of the United States against the threat of attack by ballistic missiles, including electromagnetic pulse attacks, as such plans are described in the Ballistic Missile Defense Review submitted to Congress on February 1, 2010, and the report submitted to Congress under section 232 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2232).CommentsClose CommentsPermalink





(c) Elements- The assessment required by subsection (b) shall include an assessment of the following:CommentsClose CommentsPermalink





(1) The ballistic missile threat, including electromagnetic pulse attacks, against which the homeland defense elements are intended to defend, including mobile or fixed threats that might arise from non-state actors and accidental or unauthorized launches.CommentsClose CommentsPermalink





(2) The military requirements for defending the territory of the United States against such missile threats.CommentsClose CommentsPermalink





(3) The capabilities of the missile defense elements available to defend the territory of the United States as of the date of the assessment.CommentsClose CommentsPermalink





(4) The planned capabilities of the homeland defense elements, if different from the capabilities under paragraph (3).CommentsClose CommentsPermalink





(5) The force structure and inventory levels necessary to achieve the planned capabilities of the elements described in paragraphs (3) and (4).CommentsClose CommentsPermalink





(6) The infrastructure necessary to achieve such capabilities, including the number and location of operational silos.CommentsClose CommentsPermalink





(7) The number of interceptor missiles necessary for operational assets, test assets (including developmental and operational test assets and aging and surveillance test assets), and spare missiles.CommentsClose CommentsPermalink





(d) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- At or about the same time the budget of the President for fiscal year 2012 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense committees a report setting forth the results of the assessment required by subsection (b).CommentsClose CommentsPermalink





(2) FORM- The report shall be in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink

SEC. 226. STUDY ON BALLISTIC MISSILE DEFENSE CAPABILITIES OF THE UNITED STATES.

(a) Study- The Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, shall conduct a joint capabilities mix study on the ballistic missile defense capabilities of the United States.CommentsClose CommentsPermalink





(b) Elements- The study under paragraph (1) shall include, at a minimum, the following:CommentsClose CommentsPermalink





(1) An assessment of the missile defense capability, force structure, and inventory sufficiency requirements of the combatant commanders based on the threat assessments and operational plans for each combatant command.CommentsClose CommentsPermalink





(2) A discussion of the infrastructure necessary to achieve the ballistic missile defense capabilities, force structure, and inventory assessed under paragraph (1).CommentsClose CommentsPermalink





(3) An analysis of mobile and fixed missile defense assets.CommentsClose CommentsPermalink





(c) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- At or about the same time the budget of the President for fiscal year 2012 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense committees a report setting forth the results of the study under subsection (a).CommentsClose CommentsPermalink





(2) FORM- The report shall be in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink

SEC. 227. REPORTS ON STANDARD MISSILE SYSTEM.

(a) Reports- Not later than 90 days after the date of the enactment of this Act, and each 180-day period thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the standard missile system, particularly with respect to standard missile-3 block IIA and standard missile-3 block IIB.CommentsClose CommentsPermalink





(b) Matters Included- The reports under subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) A detailed discussion of the modernization, capabilities, and limitations of the standard missile.CommentsClose CommentsPermalink





(2) A review of the standard missile’s comparison capability against all expected threats.CommentsClose CommentsPermalink





(3) A report on the progress of complimentary systems, including, at a minimum, radar systems, delivery systems, and recapitalization of supporting software and hardware.CommentsClose CommentsPermalink





(4) Any industrial capacities that must be maintained to ensure adequate manufacturing of standard missile technology and production ratio.CommentsClose CommentsPermalink

Subtitle D--ReportsCommentsClose CommentsPermalink

SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND PROGRAM REQUIREMENTS FOR THE GROUND COMBAT VEHICLE PROGRAM.

(a) Report Required- Not later than January 15, 2011, the Secretary of the Army shall provide to the congressional defense committees a report on the Ground Combat Vehicle program of the Army. Such report shall include--CommentsClose CommentsPermalink





(1) the results of the analysis of alternatives conducted prior to milestone A, including any technical data; andCommentsClose CommentsPermalink





(2) an explanation of any plans to adjust the requirements of the Ground Combat Vehicle program during the technology development phase of such program.CommentsClose CommentsPermalink





(b) Form- The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink





(c) Limitation on Obligation of Funds- Of the funds authorized to be appropriated by this or any other Act for fiscal year 2011 for research, development, test, and evaluation, Army, for development of the Ground Combat Vehicle, not more than 50 percent may be obligated or expended until the date that is 30 days after the date on which the report is submitted under subsection (a).CommentsClose CommentsPermalink

SEC. 232. COST BENEFIT ANALYSIS OF FUTURE TANK-FIRED MUNITIONS.

(a) Cost Benefit Analysis Required-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the Army shall conduct a cost benefit analysis of future munitions to be fired from the M1 Abrams series main battle tank to determine the proper investment to be made in tank munitions, including beyond line of sight technology.CommentsClose CommentsPermalink





(2) ELEMENTS- The cost benefit analysis under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) the predicted operational performance of future tank-fired munitions, including those incorporating beyond line of sight technology, based on the relevant modeling and simulation of future combat scenarios of the Army, including a detailed analysis on the suitability of each munition to address the full spectrum of targets across the entire range of the tank (including close range, mid-range, long-range, and beyond line of sight);CommentsClose CommentsPermalink





(B) a detailed assessment of the projected costs to develop and field each tank-fired munition included in the analysis, including those incorporating beyond line of sight technology; andCommentsClose CommentsPermalink





(C) a comparative analysis of each tank-fired munition included in the analysis, including suitability to address known capability gaps and overmatch against known and projected threats.CommentsClose CommentsPermalink





(3) MUNITIONS INCLUDED- In conducting the cost benefit analysis under paragraph (1), the Secretary shall include, at a minimum, the Mid-Range Munition, the Advanced Kinetic Energy round, and the Advanced Multipurpose Program.CommentsClose CommentsPermalink





(b) Report- Not later than March 15, 2011, the Secretary shall submit to the congressional defense committees the cost benefit analysis under subsection (a).CommentsClose CommentsPermalink

SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON THE VH-(XX) PRESIDENTIAL HELICOPTER ACQUISITION PROGRAM.

(a) Annual GAO Review- During the period beginning on the date of the enactment of this Act and ending on March 1, 2018, the Comptroller General of the United States shall conduct an annual review of the VH-(XX) aircraft acquisition program.CommentsClose CommentsPermalink





(b) Annual Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than March 1 of each year beginning in 2011 and ending in 2018, the Comptroller General shall submit to the congressional defense committees a report on the review of the VH-(XX) aircraft acquisition program conducted under subsection (a).CommentsClose CommentsPermalink





(2) MATTERS TO BE INCLUDED- Each report on the review of the VH-(XX) aircraft acquisition program shall include the following:CommentsClose CommentsPermalink





(A) The extent to which the program is meeting development and procurement cost, schedule, performance, and risk mitigation goals.CommentsClose CommentsPermalink





(B) With respect to meeting the desired initial operational capability and full operational capability dates for the VH-(XX) aircraft, the progress and results of--CommentsClose CommentsPermalink





(i) developmental and operational testing of the aircraft; andCommentsClose CommentsPermalink





(ii) plans for correcting deficiencies in aircraft performance, operational effectiveness, reliability, suitability, and safety.CommentsClose CommentsPermalink





(C) An assessment of VH-(XX) aircraft procurement plans, production results, and efforts to improve manufacturing efficiency and supplier performance.CommentsClose CommentsPermalink





(D) An assessment of the acquisition strategy of the VH-(XX) aircraft, including whether such strategy is in compliance with acquisition management best-practices and the acquisition policy and regulations of the Department of Defense.CommentsClose CommentsPermalink





(E) A risk assessment of the integrated master schedule and the test and evaluation master plan of the VH-(XX) aircraft as it relates to--CommentsClose CommentsPermalink





(i) the probability of success;CommentsClose CommentsPermalink





(ii) the funding required for such aircraft compared with the funding programmed; andCommentsClose CommentsPermalink





(iii) development and production concurrency.CommentsClose CommentsPermalink





(3) ADDITIONAL INFORMATION- In submitting to the congressional defense committees the first report under paragraph (1) and a report following any changes made by the Secretary of the Navy to the baseline documentation of the VH-(XX) aircraft acquisition program, the Comptroller General shall include, with respect to such program, an assessment of the sufficiency and objectivity of--CommentsClose CommentsPermalink





(A) the analysis of alternatives;CommentsClose CommentsPermalink





(B) the initial capabilities document;CommentsClose CommentsPermalink





(C) the capabilities development document; andCommentsClose CommentsPermalink





(D) the systems requirement document.CommentsClose CommentsPermalink

SEC. 234. JOINT ASSESSMENT OF THE JOINT EFFECTS TARGETING SYSTEM.

(a) Review- Not later than March 1, 2011, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall form a joint assessment team to review the joint effects targeting system.CommentsClose CommentsPermalink





(b) Report- Not later than 30 days after the date on which the review under subsection (a) is completed, the Under Secretary shall submit to the congressional defense committees a report on the review.CommentsClose CommentsPermalink

Subtitle E--Other MattersCommentsClose CommentsPermalink

SEC. 241. ESCALATION OF FORCE CAPABILITIES.

(a) Non-lethal Demonstration Program- The Secretary of Defense, acting through the Director of Operational Test and Evaluation and in consultation with the Executive Agent for Non-lethal Weapons, shall carry out a program to operationally test and evaluate non-lethal weapons that provide counter-personnel escalation of force options to members of the Armed Forces deploying in support of a contingency operation.CommentsClose CommentsPermalink





(b) Technology Tested- Technologies evaluated under subsection (a) shall include crowd control, area denial, space clearing, and personnel incapacitation tools.CommentsClose CommentsPermalink





(c) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that--CommentsClose CommentsPermalink





(1) evaluates operational and situational suitability for each non-lethal weapon tested;CommentsClose CommentsPermalink





(2) defines the tactics, techniques, and procedures approved for deployment of each non-lethal weapon by service;CommentsClose CommentsPermalink





(3) identifies deployment schemes for each type of non-lethal weapon by service; andCommentsClose CommentsPermalink





(4) details, by service, the number of units receiving pre-deployment training on each non-lethal weapon and the total number of units trained.CommentsClose CommentsPermalink





(d) Procurement Line Item- In the budget materials submitted to the President by the Secretary of Defense in connection with submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2012, and each subsequent fiscal year, the Secretary shall ensure that within each military department procurement account, a separate, dedicated procurement line item is designated for non-lethal weapons.CommentsClose CommentsPermalink

SEC. 242. PILOT PROGRAM TO INCLUDE TECHNOLOGY PROTECTION FEATURES DURING RESEARCH AND DEVELOPMENT OF DEFENSE SYSTEMS.

(a) Pilot Program- The Secretary of Defense shall carry out a pilot program to develop and incorporate technology protection features in a designated system during the research and development phase of such system.CommentsClose CommentsPermalink





(b) Funding- Of the amounts authorized to be appropriated by this Act for research, development, test, and evaluation, Defense-wide, not more than $5,000,000 may be available to carry out this section.CommentsClose CommentsPermalink





(c) Annual Reports- Not later than December 31 of each year in which the Secretary carries out the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program established under this section, including a list of each designated system included in the program.CommentsClose CommentsPermalink





(d) Termination- The pilot program established under this section shall terminate on October 1, 2015.CommentsClose CommentsPermalink





(e) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘designated system’ means any system (including a major system, as defined in section 2302(5) of title 10, United States Code) that the Under Secretary of Defense for Acquisition, Technology, and Logistics designates as being included in the pilot program established under this section.CommentsClose CommentsPermalink





(2) The term ‘technology protection features’ means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.CommentsClose CommentsPermalink

SEC. 243. PILOT PROGRAM ON COLLABORATIVE ENERGY SECURITY.

(a) Pilot Program- The Secretary of Defense, in coordination with the Secretary of Energy, shall carry out a collaborative energy security pilot program involving one or more partnerships between one military installation and one national laboratory, for the purpose of evaluating and validating secure, salable microgrid components and systems for deployment.CommentsClose CommentsPermalink





(b) Selection of Military Installation and National Laboratory- The Secretary of Defense and the Secretary of Energy shall jointly select a military installation and a national laboratory for the purpose of carrying out the pilot program under this section. In making such selections, the Secretaries shall consider each of the following:CommentsClose CommentsPermalink





(1) A commitment to participate made by a military installation being considered for selection.CommentsClose CommentsPermalink





(2) The findings and recommendations of relevant energy security assessments of military installations being considered for selection.CommentsClose CommentsPermalink





(3) The availability of renewable energy sources at a military installation being considered for selection.CommentsClose CommentsPermalink





(4) Potential synergies between the expertise and capabilities of a national laboratory being considered for selection and the infrastructure, interests, or other energy security needs of a military installation being considered for selection.CommentsClose CommentsPermalink





(5) The effects of any utility tariffs, surcharges, or other considerations on the feasibility of enabling any excess electricity generated on a military installation being considered for selection to be sold or otherwise made available to the local community near the installation.CommentsClose CommentsPermalink





(c) Program Elements- The pilot program shall be carried out as follows:CommentsClose CommentsPermalink





(1) Under the pilot program, the Secretaries shall evaluate and validate the performance of new energy technologies that may be incorporated into operating environments.CommentsClose CommentsPermalink





(2) The pilot program shall involve collaboration with the Office of Electricity Delivery and Energy Reliability of the Department of Energy and other offices and agencies within the Department of Energy, as appropriate, and the Environmental Security Technical Certification Program of the Department of Defense.CommentsClose CommentsPermalink





(3) Under the pilot program, the Secretary of Defense shall investigate opportunities for any excess electricity created for the military installation to be sold or otherwise made available to the local community near the installation.CommentsClose CommentsPermalink





(4) The Secretary of Defense shall use the results of the pilot program as the basis for informing key performance parameters and validating energy components and designs that could be implemented in various military installations across the country and at forward operating bases.CommentsClose CommentsPermalink





(5) The pilot program shall support the effort of the Secretary of Defense to use the military as a test bed to demonstrate innovative energy technologies.CommentsClose CommentsPermalink





(d) Implementation and Duration- The Secretary of Defense shall begin the pilot program under this section by not later than July 1, 2011. Such pilot program shall be not less than 3 years in duration.CommentsClose CommentsPermalink





(e) Reports-CommentsClose CommentsPermalink





(1) INITIAL REPORT- Not later than October 1, 2011, the Secretary of Defense shall submit to the appropriate congressional committees an initial report that provides an update on the implementation of the pilot program under this section, including an identification of the selected military installation and national laboratory partner and a description of technologies under evaluation.CommentsClose CommentsPermalink





(2) FINAL REPORT- Not later than 90 days after completion of the pilot program under this section, the Secretary shall submit to the appropriate congressional committees a report on the pilot program, including any findings and recommendations of the Secretary.CommentsClose CommentsPermalink





(f) Funding-CommentsClose CommentsPermalink





(1) DEPARTMENT OF DEFENSE- Of the funds authorized to be appropriated by section 201 for fiscal year 2011 for research, development, test, and evaluation, Defense-wide, $5,000,000 is available to carry out this section.CommentsClose CommentsPermalink





(2) DEPARTMENT OF ENERGY- Upon determination by the Secretary of Energy that the program under this section is relevant and consistent with the mission of the Department of Energy to lead the modernization of the electric grid, enhance the security and reliability of the energy infrastructure, and facilitate recovery from disruptions to energy supply, the Secretary may transfer funds made available for the Office of Electricity Delivery and Energy Reliability of the Department of Energy in order to carry out this section.CommentsClose CommentsPermalink





(g) Definitions- For purposes of this section:CommentsClose CommentsPermalink





(1) The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink





(A) the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Science and Technology of the House of Representatives; andCommentsClose CommentsPermalink





(B) the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Commerce, Science, and Transportation of the Senate.CommentsClose CommentsPermalink





(2) The term ‘microgrid’ means an integrated energy system consisting of interconnected loads and distributed energy resources (including generators, energy storage devices, and smart controls) that can operate with the utility grid or in an intentional islanding mode.CommentsClose CommentsPermalink





(3) The term ‘national laboratory’ means--CommentsClose CommentsPermalink





(A) a national laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); orCommentsClose CommentsPermalink





(B) a national security laboratory (as defined in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471)).CommentsClose CommentsPermalink

SEC. 244. REPORT ON REGIONAL ADVANCED TECHNOLOGY CLUSTERS.

(a) Report- Not later than March 1, 2011, the Secretary of Defense shall submit to the appropriate congressional committees a report on regional advanced technology clusters.CommentsClose CommentsPermalink





(b) Matters Included- The report under subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) An analysis of regional advanced technology clusters throughout the United States, including--CommentsClose CommentsPermalink





(A) an estimate of the amount of public and private funding activities within each cluster;CommentsClose CommentsPermalink





(B) an assessment of the technical competencies of each of these regional advanced technology clusters;CommentsClose CommentsPermalink





(C) a comparison of the technical competencies of each regional advanced technology clusters with the technology needs of the Department of Defense; andCommentsClose CommentsPermalink





(D) a review of current Department of Defense interaction, cooperation, or investment in regional advanced technology clusters.CommentsClose CommentsPermalink





(2) A strategic plan for encouraging the development of innovative, advanced technologies, such as robotics and autonomous systems, to address national security, homeland security, and first responder challenges by--CommentsClose CommentsPermalink





(A) enhancing regional advanced technology clusters that support the technology needs of the Department of Defense; andCommentsClose CommentsPermalink





(B) identifying and assisting the expansion of additional new regional advanced technology clusters to foster research and development into emerging, disruptive technologies identified through strategic planning documents of the Department of Defense.CommentsClose CommentsPermalink





(3) An identification of the resources needed to establish, sustain, or grow regional advanced technology clusters.CommentsClose CommentsPermalink





(4) An identification of mechanisms for collaborating and cost sharing with other state, local, and Federal agencies with respect to regional advanced technology clusters, including any legal impediments that may inhibit collaboration or cost sharing.CommentsClose CommentsPermalink





(c) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘appropriate congressional committees’ means the following:CommentsClose CommentsPermalink





(A) The Committees on Armed Services, Appropriations, and Small Business of the House of Representatives.CommentsClose CommentsPermalink





(B) The Committees on Armed Services, Appropriations, and Small Business and Entrepreneurship of the Senate.CommentsClose CommentsPermalink





(2) The term ‘regional advanced technology cluster’ means geographic centers focused on building science and technology-based innovation capacity in areas of local and regional strength to foster economic growth and improve quality of life.CommentsClose CommentsPermalink

SEC. 245. SENSE OF CONGRESS AFFIRMING THE IMPORTANCE OF DEPARTMENT OF DEFENSE PARTICIPATION IN DEVELOPMENT OF NEXT GENERATION SEMICONDUCTOR TECHNOLOGIES.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) The next generation of weapons systems, battlefield sensors, and intelligence platforms will need to be lighter, more agile, consume less power, and have greater computational power, which can only be achieved by decreasing the feature size of integrated circuits to the nanometer scale.CommentsClose CommentsPermalink





(2) There is a growing concern in the Department of Defense and the United States intelligence community over the offshore shift in development and production of high capacity semiconductors. Reliance on providers of semiconductors in the United States high tech industry will mitigate the security risks of such an offshore shift.CommentsClose CommentsPermalink





(3) The use of extreme-ultraviolet lithography (EUVL) is recognized in the semiconductor industry as critical to the development of the next generation of integrated circuits.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the United States should establish research and development facilities to take the lead in producing the next generation of integrated circuits;CommentsClose CommentsPermalink





(2) the Department of Defense should support the establishment of a public-private partnership of defense laboratory scientists and engineers, university researchers, integrated circuit designers and fabricators, tool manufacturers, material and chemical suppliers, and metrology and inspection tool fabricators to develop extreme-ultraviolet lithography (EUVL) technologies on 300 micrometer and 450 micrometer wafers; andCommentsClose CommentsPermalink





(3) the targeted feature size of integrated circuits for EUVL development in the United States should be the 15 nanometer node.CommentsClose CommentsPermalink

TITLE III--OPERATION AND MAINTENANCECommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year 2011 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:CommentsClose CommentsPermalink





(1) For the Army, $34,232,221,000.CommentsClose CommentsPermalink





(2) For the Navy, $37,976,443,000.CommentsClose CommentsPermalink





(3) For the Marine Corps, $5,568,340,000.CommentsClose CommentsPermalink





(4) For the Air Force, $36,684,588,000.CommentsClose CommentsPermalink





(5) For Defense-wide activities, $30,200,596,000.CommentsClose CommentsPermalink





(6) For the Army Reserve, $2,942,077,000.CommentsClose CommentsPermalink





(7) For the Naval Reserve, $1,374,764,000.CommentsClose CommentsPermalink





(8) For the Marine Corps Reserve, $287,234,000.CommentsClose CommentsPermalink





(9) For the Air Force Reserve, $3,311,827,000.CommentsClose CommentsPermalink





(10) For the Army National Guard, $6,628,525,000.CommentsClose CommentsPermalink





(11) For the Air National Guard, $5,980,139,000.CommentsClose CommentsPermalink





(12) For the United States Court of Appeals for the Armed Forces, $14,068,000.CommentsClose CommentsPermalink





(13) For the Acquisition Development Workforce Fund, $229,561,000.CommentsClose CommentsPermalink





(14) For Environmental Restoration, Army, $444,581,000.CommentsClose CommentsPermalink





(15) For Environmental Restoration, Navy, $304,867,000.CommentsClose CommentsPermalink





(16) For Environmental Restoration, Air Force, $502,653,000.CommentsClose CommentsPermalink





(17) For Environmental Restoration, Defense-wide, $10,744,000.CommentsClose CommentsPermalink





(18) For Environmental Restoration, Formerly Used Defense Sites, $296,546,000.CommentsClose CommentsPermalink





(19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $108,032,000.CommentsClose CommentsPermalink





(20) For Cooperative Threat Reduction programs, $522,512,000.CommentsClose CommentsPermalink

Subtitle B--Energy and Environmental ProvisionsCommentsClose CommentsPermalink

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE TWIN CITIES ARMY AMMUNITION PLANT, MINNESOTA.

(a) Authority to Reimburse-CommentsClose CommentsPermalink





(1) TRANSFER AMOUNT- Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer to the Hazardous Substance Superfund not more than $5,611,670.67 for fiscal year 2011.CommentsClose CommentsPermalink





(2) PURPOSE OF REIMBURSEMENT- A payment made under paragraph (1) is to reimburse the Environmental Protection Agency for all costs the Agency has incurred through fiscal year 2011 relating to the response actions performed by the Department of Defense under the Defense Environmental Restoration Program at the Twin Cities Army Ammunition Plant, Minnesota.CommentsClose CommentsPermalink





(3) INTERAGENCY AGREEMENT- The reimbursement described in paragraph (2) is provided for in an interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Twin Cities Army Ammunition Plant that took effect in December 1987.CommentsClose CommentsPermalink





(b) Source of Funds- A payment under subsection (a) shall be made using funds authorized to be appropriated for fiscal year 2011 to the Department of Defense for operation and maintenance for Environmental Restoration, Army.CommentsClose CommentsPermalink





(c) Use of Funds- The Environmental Protection Agency shall use the amounts transferred under subsection (a) to pay costs incurred by the Agency at the Twin Cities Army Ammunition Plant.CommentsClose CommentsPermalink

SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED PENALTIES IN CONNECTION WITH NAVAL AIR STATION, BRUNSWICK, MAINE.

(a) Authority to Transfer Funds- From amounts authorized to be appropriated for fiscal year 2011 for the Department of Defense Base Closure Account 2005, and notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer an amount of not more than $153,000 to the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





(b) Purpose of Transfer- The purpose of a transfer made under subsection (a) is to satisfy a stipulated penalty assessed by the Environmental Protection Agency on June 12, 2008, against Naval Air Station, Brunswick, Maine, for the failure of the Navy to sample certain monitoring wells in a timely manner pursuant to a schedule included in the Federal facility agreement for Naval Air Station, Brunswick, which was entered into by the Secretary of the Navy and the Administrator of the Environmental Protection Agency on October 19, 1990.CommentsClose CommentsPermalink





(c) Acceptance of Payment- If the Secretary of Defense makes a transfer authorized under subsection (a), the Administrator of the Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty referred to in subsection (b).CommentsClose CommentsPermalink

SEC. 313. TESTING AND CERTIFICATION PLAN FOR OPERATIONAL USE OF AN AVIATION BIOFUEL DERIVED FROM MATERIALS THAT DO NOT COMPETE WITH FOOD STOCKS.

Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a testing and certification plan for the operational use of a biofuel that--CommentsClose CommentsPermalink





(1) is derived from materials that do not compete with food stocks; andCommentsClose CommentsPermalink





(2) is suitable for use for military purposes as an aviation fuel or in an aviation-fuel blend.CommentsClose CommentsPermalink

SEC. 314. REPORT IDENTIFYING HYBRID OR ELECTRIC PROPULSION SYSTEMS AND OTHER FUEL-SAVING TECHNOLOGIES FOR INCORPORATION INTO TACTICAL MOTOR VEHICLES.

(a) Identification of Usable Alternative Technology- Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall submit to Congress a report identifying hybrid or electric propulsion systems and other vehicle technologies that reduce consumption of fossil fuels and are suitable for incorporation into the current fleet of tactical motor vehicles of each Armed Force under the jurisdiction of the Secretary. In identifying suitable alternative technologies, the Secretary shall consider the feasibility and cost of incorporating the technology, the design changes and amount of time required for incorporation, and the overall impact of incorporation on vehicle performance.CommentsClose CommentsPermalink





(b) Hybrid Defined- In this section, the term ‘hybrid’ refers to a propulsion system, including the engine and drive train, that draws energy from onboard sources of stored energy that involve--CommentsClose CommentsPermalink





(1) an internal combustion or heat engine using combustible fuel; andCommentsClose CommentsPermalink





(2) a rechargeable energy storage system.CommentsClose CommentsPermalink

SEC. 315. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

Section 526 of the Energy Independence and Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142) is amended--CommentsClose CommentsPermalink





(1) by striking ‘No Federal agency’ and inserting ‘(a) Requirement- Except as provided in subsection (b), no Federal agency’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(b) Exception- Subsection (a) does not prohibit a Federal agency from entering into a contract to purchase a generally available fuel that is not an alternative or synthetic fuel or predominantly produced from a nonconventional petroleum source, if--CommentsClose CommentsPermalink





‘(1) the contract does not specifically require the contractor to provide an alternative or synthetic fuel or fuel from a nonconventional petroleum source;CommentsClose CommentsPermalink





‘(2) the purpose of the contract is not to obtain an alternative or synthetic fuel or fuel from a nonconventional petroleum source; andCommentsClose CommentsPermalink





‘(3) the contract does not provide incentives for a refinery upgrade or expansion to allow a refinery to use or increase its use of fuel from a nonconventional petroleum source.’.CommentsClose CommentsPermalink

SEC. 316. INFORMATION SHARING RELATING TO INVESTIGATION OF EXPOSURE TO DRINKING WATER CONTAMINATION AT CAMP LEJEUNE, NORTH CAROLINA.

By not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide the Agency for Toxic Substances and Disease Registry with an electronic inventory of all existing documents, records, and electronic data pertaining to the CERCLA listed and RCRA listed contamination sites at Camp Lejeune and all existing documents, records, and electronic data pertaining to the contaminated drinking water at Camp Lejeune. If after the date of enactment of this Act, the Secretary of Defense generates new documents, records and electronic data, or comes into possession of existing documents, records or electronic data not previously included in the electronic inventory, the Secretary of the Navy shall provide the Agency for Toxic Substances and Disease Registry with an updated electronic inventory incorporating the newly located or generated documents, records and electronic data. The Secretary of the Navy shall ensure that Department of Defense personnel with appropriate experience and expertise, including in the area of environmental engineering and the conduct of water modeling, working in conjunction with the Agency for Toxic Substances and Disease Registry, are utilized to identify, compile, and submit existing and new documents, records, and electronic data in Navy and Marine Corps records and electronic libraries that would assist the Agency for Toxic Substances and Disease Registry in gathering data relating to the contamination and remediation of Camp Lejeune base-wide drinking-water systems.CommentsClose CommentsPermalink

Subtitle C--Workplace and Depot IssuesCommentsClose CommentsPermalink

SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT FOR SERVICE CONTRACT INVENTORY.

Section 2330a(c)(1) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in the matter preceding subparagraph (A), by inserting after the first sentence the following new sentence: ‘The guidance for compiling the inventory shall be issued by the Under Secretary of Defense for Personnel and Readiness, as supported by the Under Secretary of Defense (Comptroller) and the Under Secretary of Defense for Acquisition, Technology, and Logistics.’; andCommentsClose CommentsPermalink





(2) by striking subparagraph (E) and inserting the following new subparagraph (E):CommentsClose CommentsPermalink





‘(E) The number and work location of contractor employees, expressed as full-time equivalents for direct labor, using direct labor hours and associated cost data collected from contractors.’.CommentsClose CommentsPermalink

SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF FUNCTIONS PERFORMED UNDER PRIME VENDOR CONTRACTS FOR DEPOT-LEVEL MAINTENANCE AND REPAIR.

Section 346 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1979; 10 U.S.C. 2464 note) is repealed.CommentsClose CommentsPermalink

SEC. 323. PILOT PROGRAM ON BEST VALUE FOR CONTRACTS FOR PRIVATE SECURITY FUNCTIONS.

(a) Pilot Program Authorized- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program under which the Secretary shall implement a best value procurement standard in entering into contracts for the provision of private security functions in Afghanistan and Iraq. In entering into a covered contract under the pilot program, in addition to taking into consideration the cost of the contract, the Secretary shall take into consideration each of the following:CommentsClose CommentsPermalink





(1) Past performance.CommentsClose CommentsPermalink





(2) Quality.CommentsClose CommentsPermalink





(3) Delivery.CommentsClose CommentsPermalink





(4) Management expertise.CommentsClose CommentsPermalink





(5) Technical approach.CommentsClose CommentsPermalink





(6) Experience of key personnel.CommentsClose CommentsPermalink





(7) Management structure.CommentsClose CommentsPermalink





(8) Risk.CommentsClose CommentsPermalink





(9) Such other matters as the Secretary determines are appropriate.CommentsClose CommentsPermalink





(b) Justification- A covered contract under the pilot program may not be awarded unless the contracting officer for the contract justifies in writing the reason for the award of the contract.CommentsClose CommentsPermalink





(c) Annual Report- Not later than January 15 of each year the pilot program under this section is carried out, the Secretary of Defense shall submit to the congressional defense committees an unclassified report containing each of the following:CommentsClose CommentsPermalink





(1) A list of any covered contract awarded for private security functions in Afghanistan and Iraq under the pilot program.CommentsClose CommentsPermalink





(2) A description of the matters that the Secretary of Defense took into consideration, in addition to cost, in awarding each such contract.CommentsClose CommentsPermalink





(3) Any additional information or recommendations the Secretary considers appropriate to include with respect to the pilot program, the contracts awarded under the pilot program, or the considerations for evaluating such contracts.CommentsClose CommentsPermalink





(d) Termination of Program- The authority of the Secretary of Defense to carry out a pilot program under this section terminates on September 30, 2013. The termination of the authority shall not affect the validity of contracts that are awarded or modified during the period of the pilot program, without regard to whether the contracts are performed during the period.CommentsClose CommentsPermalink





(e) Discretionary Implementation After September 30, 2013- After September 30, 2013, implementation of a best value procurement standard in entering into contracts for the provision of private security functions in Afghanistan and Iraq shall be at the discretion of the Secretary of Defense.CommentsClose CommentsPermalink





(f) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘best value’ means providing the best overall benefit to the Government in accordance with the tradeoff process described in section 15.101-1 of title 48 of the Code of Federal Regulations.CommentsClose CommentsPermalink





(2) The term ‘covered contract’ means--CommentsClose CommentsPermalink





(A) a contract of the Department of Defense for the performance of services; orCommentsClose CommentsPermalink





(B) a task order or delivery order issued under such a contract.CommentsClose CommentsPermalink





(3) The term ‘private security functions’ means guarding, by a contractor under a covered contract, of personnel, facilities, or property of a Federal agency, the contractor, a subcontractor of a contractor, or a third party.CommentsClose CommentsPermalink

SEC. 324. STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY CONTRACTORS.

(a) Third-party Certification Policy Guidance- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall issue policy guidance requiring, as a condition for award of a covered contract for the provision of private security functions, that each contractor receive certification from a third party that the contractor adheres to specified operational and business practice standards. The guidance shall--CommentsClose CommentsPermalink





(1) establish criteria for defining standard practices for the performance of private security functions, which shall reflect input from industry representatives as well as the Inspector General of the Department of Defense;CommentsClose CommentsPermalink





(2) establish criteria for weapons training programs for contractors performing private security functions, including minimum requirements for weapons training programs of instruction and minimum qualifications for instructors for such programs; andCommentsClose CommentsPermalink





(3) identify organizations that can carry out the certifications.CommentsClose CommentsPermalink





(b) Regulations Required- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense supplement to the Federal Acquisition Regulation to carry out the requirements of this section and the guidance issued under this section.CommentsClose CommentsPermalink





(c) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘covered contract’ means--CommentsClose CommentsPermalink





(A) a contract of the Department of Defense for the performance of services;CommentsClose CommentsPermalink





(B) a subcontract at any tier under such contract;CommentsClose CommentsPermalink





(C) a task order or delivery order issued under such a contract or subcontract.CommentsClose CommentsPermalink





(2) The term ‘contractor’ means, with respect to a covered contract, the contractor or subcontractor carrying out the covered contract.CommentsClose CommentsPermalink





(3) The term ‘private security functions’ means activities engaged in by a contractor under a covered contract as follows:CommentsClose CommentsPermalink





(A) Guarding of personnel, facilities, or property of a Federal agency, the contractor or subcontractor, or a third party.CommentsClose CommentsPermalink





(B) Any other activity for which personnel are required to carry weapons in the performance of their duties.CommentsClose CommentsPermalink





(d) Exception- The requirements of this section shall not apply to contracts entered into by elements of the intelligence community in support of intelligence activities.CommentsClose CommentsPermalink

SEC. 325. PROHIBITION ON ESTABLISHING GOALS OR QUOTAS FOR CONVERSION OF FUNCTIONS TO PERFORMANCE BY DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) Prohibition- The Secretary of Defense may not establish, apply, or enforce any numerical goal, target, or quota for the conversion of Department of Defense function to performance by Department of Defense civilian employees, unless such goal, target, or quota is based on considered research and analysis, as required by section 235, 2330a, or 2463 of title 10, United States Code.CommentsClose CommentsPermalink





(b) Decisions to Insource- In deciding which functions should be converted to performance by Department of Defense civilian employees pursuant to section 2463 of title 10, United States Code, the Secretary of Defense shall use the costing methodology outlined in the Directive-Type Memorandum 09-007 (Estimating and Comparing the Full Costs of Civilian and Military Manpower and Contractor Support) or any successor guidance for the determination of costs when costs are the sole basis for the decision. The Secretary of a military department may issue supplemental guidance to assist in such decisions affecting functions of that military department.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) REPORT TO CONGRESS- Not later than December 31, 2010, the Secretary of Defense shall submit to the congressional defense committees a report on the decisions with respect to the conversion of functions to performance by Department of Defense civilian employees made during fiscal year 2010. Such report shall identify, for each such decision--CommentsClose CommentsPermalink





(A) the agency or service of the Department involved in the decision;CommentsClose CommentsPermalink





(B) the basis and rationale for the decision; andCommentsClose CommentsPermalink





(C) the number of contractor employees whose functions were converted to performance by Department of Defense civilian employees.CommentsClose CommentsPermalink





(2) COMPTROLLER GENERAL REVIEW- Not later than 120 days after the submittal of the report under paragraph (1), the Comptroller General of the United States shall submit to the congressional defense committees an assessment of the report.CommentsClose CommentsPermalink

SEC. 326. TREATMENT OF EMPLOYER CONTRIBUTIONS TO HEALTH BENEFITS AND RETIREMENT PLANS FOR PURPOSES OF COST-COMPARISONS OF CONTRACTOR AND CIVILIAN EMPLOYEE PERFORMANCE OF DEPARTMENT OF DEFENSE FUNCTIONS.

Section 2463 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (e) as subsection (f); andCommentsClose CommentsPermalink





(2) by inserting after subsection (d) the following new subsection (f):CommentsClose CommentsPermalink





‘(f) Treatment of Contributions to Health and Retirement Plans- For purposes of conducting a cost comparison to determine whether to convert a function from contractor performance to performance by Department of Defense civilian employee, the costs of employer contributions made by the Department of Defense or by a contractor towards employer-sponsored health benefits and retirement benefits plans shall not be considered unless, in the case of such contributions made by a contractor, the contractor does not receive an advantage for reducing costs for the Department of Defense by--CommentsClose CommentsPermalink





‘(1) not making an employer-sponsored health insurance plan available to the contractor employees who perform the function under the contract;CommentsClose CommentsPermalink





‘(2) offering to such employees an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Federal Government for health benefits for civilian employees under chapter 89 of title 5, United States Code; orCommentsClose CommentsPermalink





‘(3) offering to such employees a retirement benefit that, in any year, costs less than the annual retirement cost factor applicable to Federal employees under chapter 84 of title 5, United States Code.’.CommentsClose CommentsPermalink

Subtitle D--ReportsCommentsClose CommentsPermalink

SEC. 331. REVISION TO REPORTING REQUIREMENT RELATING TO OPERATION AND FINANCIAL SUPPORT FOR MILITARY MUSEUMS.

(a) Change in Frequency of Report- Subsection (a) of section 489 of title 10, United States Code, is amended by striking ‘As part of’ and all that follows through ‘fiscal year--’ and inserting the following: ‘As part of the budget materials submitted to Congress for every odd-numbered fiscal year, in connection with the submission of the budget for that fiscal year pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report on military museums. In each such report, the Secretary shall identify all military museums that, during the most recently completed two fiscal-year period--’CommentsClose CommentsPermalink





(b) Repeal of Required Report Element- Subsection (b) of such section is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (5); andCommentsClose CommentsPermalink





(2) by redesignating paragraph (6) as paragraph (5).CommentsClose CommentsPermalink





(c) Clerical Amendments-CommentsClose CommentsPermalink





(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 489. Department of Defense operation and financial support for military museums: biennial report’.

(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 489 and inserting the following new item:CommentsClose CommentsPermalink





‘489. Department of Defense operation and financial support for military museums: biennial report.’.CommentsClose CommentsPermalink

SEC. 332. ADDITIONAL REPORTING REQUIREMENTS RELATING TO CORROSION PREVENTION PROJECTS AND ACTIVITIES.

Section 2228(e) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (C), by striking ‘The’ and inserting ‘For the fiscal year covered by the report and the preceding fiscal year, the’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(E) For the fiscal year covered by the report and the preceding fiscal year, the amount of funds requested in the budget for each project or activity described in subparagraph (E) compared to the funding requirements for the project or activity.’;CommentsClose CommentsPermalink





(2) in paragraph (2)(B), by inserting before the period at the end the following: ‘, including the annex to the report described in paragraph (3)’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) Each report under this section shall include, in an annex to the report, a copy of the annual corrosion report most recently submitted by the corrosion control and prevention executive of each military department under section 903(b)(5) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4567; 10 U.S.C. 2228 note).’.CommentsClose CommentsPermalink

SEC. 333. MODIFICATION AND REPEAL OF CERTAIN REPORTING REQUIREMENTS.

(a) Modification of Report on Army Progress- Section 323 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2146; 10 U.S.C. 229 note) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; andCommentsClose CommentsPermalink





(2) in subsection (d), as so redesignated, by striking ‘or (d)’.CommentsClose CommentsPermalink





(b) Repeal of Report on Disposition of Reserve Equipment- Title III of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) is amended by striking section 349.CommentsClose CommentsPermalink





(c) Repeal of Report on Readiness of Ground Forces- Title III of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) is amended by striking section 355.CommentsClose CommentsPermalink

SEC. 334. REPORT ON AIR SOVEREIGNTY ALERT MISSION.

(a) Report Required- Not later than March 1, 2011, the Commander of the United States Northern Command and the North American Aerospace Defense Command (hereinafter in this section referred to as ‘NORTHCOM’) shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives a report on the Air Sovereignty Alert (hereinafter in this section referred to as ‘ASA’) Mission and Operation Noble Eagle (hereinafter in this section referred to as ‘ONE’).CommentsClose CommentsPermalink





(b) Consultation- NORTHCOM shall consult with the Director of the National Guard Bureau who shall be authorized to review and provide independent analysis and comments on the report required under subsection (a).CommentsClose CommentsPermalink





(c) Contents of Report- The report required under subsection (a) shall include each of the following:CommentsClose CommentsPermalink





(1) An evaluation of the current ASA mission and ONE.CommentsClose CommentsPermalink





(2) An evaluation of each of the following:CommentsClose CommentsPermalink





(A) The current ability to perform the mission with regards to training, equipment, funding, and military construction.CommentsClose CommentsPermalink





(B) Any current deficiencies in the mission.CommentsClose CommentsPermalink





(C) Any changes in threats which would allow for any change in number of ASA sites or force structure required to support the ASA mission.CommentsClose CommentsPermalink





(D) Future ability to perform the ASA mission with current and programmed equipment.CommentsClose CommentsPermalink





(E) Coverage of units with respect to--CommentsClose CommentsPermalink





(i) population centers covered;CommentsClose CommentsPermalink





(ii) targets of value covered, including symbolic (national monuments, sports venue, and centers of commerce), critical infrastructure (nuclear plants, dams, bridges, and telecommunication nodes) and national security (military bases and organs of government); andCommentsClose CommentsPermalink





(iii) an unclassified, notional area of responsibility conforming to the unclassified response time of unit represented graphically on a map and detailing total population covered and number of targets described in clause (ii).CommentsClose CommentsPermalink





(3) Status of implementation of the recommendations made in the Government Accountability Office Report entitled ‘Actions Needed to Improve Management of Air Sovereignty Alert Operations to Protect U.S. Airspace’ (GAO-09-184).CommentsClose CommentsPermalink





(d) Means of Delivery of Report- The report required by subsection (a) shall be unclassified, and NORTHCOM shall brief the Committees on Armed Services of the Senate and House of Representatives at the appropriate classification level.CommentsClose CommentsPermalink

SEC. 335. REPORT ON THE SEAD/DEAD MISSION REQUIREMENT FOR THE AIR FORCE.

(a) Report Required- Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives a report describing the feasibility and desirability of designating the Suppression of Enemy Air Defenses/Destruction of Enemy Air Defenses (hereinafter in this section referred to as ‘SEAD/DEAD’) mission as a responsibility of the Air National Guard.CommentsClose CommentsPermalink





(b) Contents of Report- The report required under subsection (a) shall include each of the following:CommentsClose CommentsPermalink





(1) An evaluation of the SEAD/DEAD mission, as in effect on the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) An evaluation of the following with respect to the SEAD/DEAD mission:CommentsClose CommentsPermalink





(A) The current ability of the Air National Guard to perform the mission with regards to training, equipment, funding, and military construction.CommentsClose CommentsPermalink





(B) Any current deficiencies of the Air National Guard to perform the mission.CommentsClose CommentsPermalink





(C) The corrective actions and costs required to address any deficiencies described in subparagraph (B).CommentsClose CommentsPermalink





(D) The need for SEAD/DEAD ranges to be constructed on existing ranges operated, controlled, or used by Air National Guard units based on geographic considerations of proximity and utility.CommentsClose CommentsPermalink





(c) Consultation- The Secretary of the Air Force shall consult with the Director of the National Guard Bureau who shall be authorized to review and provide independent analysis and comments on the report required under subsection (a).CommentsClose CommentsPermalink

SEC. 336. REQUIREMENT TO UPDATE STUDY ON STRATEGIC SEAPORTS.

The Commander of the United States Transportation Command shall update the study entitled ‘PORT LOOK 2008 Strategic Seaports Study’. In updating the study under this section, the commander shall consider the infrastructure in the vicinity of a strategic port, including bridges, roads, and rail, and any issues relating to the capacity and condition of such infrastructure.CommentsClose CommentsPermalink

SEC. 337. STUDY AND REPORT ON FEASIBILITY OF JOINT USAGE OF THE NASA SHUTTLE LOGISTICS DEPOT.

(a) Study- The Secretary of Defense, in conjunction with the Administrator of the National Aeronautics and Space Administration, shall conduct a study of the feasibility of joint usage of the National Aeronautics and Space Administration Shuttle Logistics Depot in Cape Canaveral, Florida, to supplement requirements for products and services in support of reset initiatives, Advanced Technology Clusters, engineering and reverse engineering analysis, and development of innovative technology and processes to improve product procurement and reduce risk, cost, and cycle time of system delivery.CommentsClose CommentsPermalink





(b) Report- Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the committees on Armed Services of the Senate and House of Representatives a report on the study required under subsection (a).CommentsClose CommentsPermalink

Subtitle E--Limitations and Extensions of AuthorityCommentsClose CommentsPermalink

SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE LANDING FEES CHARGED FOR USE OF DOMESTIC MILITARY AIRFIELDS BY CIVIL AIRCRAFT.

(a) In General- Chapter 159 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 2697. Acceptance and use of landing fees charged for use of domestic military airfields by civil aircraft

‘(a) Authority- The Secretary of a military department may impose landing fees for the use by civil aircraft of domestic military airfields under the jurisdiction of that Secretary and may use any fees received under this section as a source of funding for the operation and maintenance of airfields of that department.CommentsClose CommentsPermalink





‘(b) Uniform Landing Fees- The Secretary of Defense shall prescribe the amount of the landing fees that may be imposed under this section. Such fees shall be uniform among the military departments.CommentsClose CommentsPermalink





‘(c) Use of Proceeds- Amounts received for a fiscal year in payment of landing fees imposed under this section for the use of a military airfield shall be credited to the appropriation that is available for that fiscal year for the operation and maintenance of that military airfield, shall be merged with amounts in the appropriation to which credited, and shall be available for that military airfield for the same period and purposes as the appropriation is available.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘2697. Acceptance and use of landing fees charged for use of domestic military airfields by civil aircraft.’.CommentsClose CommentsPermalink

SEC. 342. IMPROVEMENT AND EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

(a) Improvement-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398; 10 U.S.C. 4551 note) is amended--CommentsClose CommentsPermalink





(A) in subsection (b), by striking paragraphs (3) and (4) and redesignating paragraphs (5) through (11) as paragraphs (3) through (9), respectively;CommentsClose CommentsPermalink





(B) by striking subsection (d) and redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink





(b) Prioritization of Program Purposes- The Secretary of the Army shall--CommentsClose CommentsPermalink





(1) prioritize the purposes of the Arsenal Support Program Initiative under section 343(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398; U.S.C. 4551 note), as amended by subsection (a)(1)(A); andCommentsClose CommentsPermalink





(2) issue guidance to the appropriate commands reflecting such priorities.CommentsClose CommentsPermalink





(c) Extension-CommentsClose CommentsPermalink





(1) IN GENERAL- Such section, as amended by subsection (a)(1) of this section, is further amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘2010’ and inserting ‘2012’; andCommentsClose CommentsPermalink





(B) in paragraph (1) of subsection (f), as redesignated by subsection (a)(1)(B) of this section, by striking ‘2010’ and inserting ‘2012’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on the date of the submittal of the report required under subsection (d).CommentsClose CommentsPermalink





(d) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to Congress a report on the Arsenal Support Program Initiative that includes--CommentsClose CommentsPermalink





(1) the Secretary’s determination with respect to the Army’s highest priorities from among the purposes of the Arsenal Support Program Initiative under section 343(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398; U.S.C. 4551 note), as amended by subsection (a)(1)(A), reflecting the Secretary’s overall strategy to achieve desired results;CommentsClose CommentsPermalink





(2) performance goals for the Arsenal Support Program Initiative; andCommentsClose CommentsPermalink





(3) outcome-focused performance measures to assess the progress the Army has made toward addressing the purposes of the Arsenal Support Program Initiative.CommentsClose CommentsPermalink

SEC. 343. EXTENSION OF AUTHORITY TO REIMBURSE EXPENSES FOR CERTAIN NAVY MESS OPERATIONS.

Section 1014(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4585) is amended by striking ‘September 30, 2010’ and inserting ‘September 30, 2012’.CommentsClose CommentsPermalink

SEC. 344. LIMITATION ON OBLIGATION OF FUNDS FOR THE ARMY HUMAN TERRAIN SYSTEM.

(a) Limitation- Of the amounts authorized to be appropriated for the Human Terrain System (hereinafter in this section referred to as the ‘HTS’) that are described in subsection (b), not more than 50 percent of the amounts remaining unobligated as of the date of enactment of this Act may be obligated until the Secretary of the Army submits to the congressional defense committees each of the following:CommentsClose CommentsPermalink





(1) The independent assessment of the HTS called for in the report of the Committee on Armed Services of the House of Representatives accompanying the National Defense Authorization Act for Fiscal Year 2010 (H. Rept. 111-166).CommentsClose CommentsPermalink





(2) A validation of all HTS requirements, including any prior joint urgent operations needs statements.CommentsClose CommentsPermalink





(3) A certification that policies, procedures, and guidance are in place to protect the integrity of social science researchers participating in HTS, including ethical guidelines and human studies research procedures.CommentsClose CommentsPermalink





(b) Covered Authorizations or Appropriations- The amounts authorized to be appropriated described in this subsection are amounts authorized to be appropriated for fiscal year 2011, including such amounts authorized to be appropriated for oversees contingency operations, for--CommentsClose CommentsPermalink





(1) Operation and maintenance for HTS;CommentsClose CommentsPermalink





(2) Procurement for Mapping the Human Terrain hardware and software; andCommentsClose CommentsPermalink





(3) Research, development, test, and evaluation for Mapping the Human Terrain hardware and software.CommentsClose CommentsPermalink

SEC. 345. LIMITATION ON OBLIGATION OF FUNDS PENDING SUBMISSION OF CLASSIFIED JUSTIFICATION MATERIAL.

Of the amounts authorized to be appropriated in this title for fiscal year 2011 for the Office of the Secretary of Defense for budget activity four, line 270, not more than 90 percent may be obligated until 15 days after the information cited in the classified annex accompanying this Act relating to the provision of classified justification material to Congress is provided to the congressional defense committees.CommentsClose CommentsPermalink

SEC. 346. LIMITATION ON RETIREMENT OF C-130 AIRCRAFT FROM AIR FORCE INVENTORY.

The Secretary of the Air Force may not take any action to retire any C-130 aircraft from the inventory of the Air Force until 30 days after the date on which the Secretary submits to the congressional defense committees a written agreement between the Director of the Air National Guard, the Commander of Air Force Reserve Command, and the Chief of Staff of the Air Force. The agreement shall specify the following:CommentsClose CommentsPermalink





(1) The number of and type of C-130 aircraft to be transferred, on a temporary basis, from the Air National Guard to the Air Force.CommentsClose CommentsPermalink





(2) The schedule by which any C-130 aircraft transferred to the Air Force will be returned to the Air National Guard.CommentsClose CommentsPermalink





(3) A description of the condition, including the estimated remaining service life, in which the C-130 aircraft will be returned to the Air National Guard following the period during which the aircraft are on loan to the Air Force.CommentsClose CommentsPermalink





(4) A description of the allocation of resources, including the designation of responsibility for funding aircraft operations and maintenance, in fiscal year 2011, and detailed description of budgetary responsibilities through the remaining period the aircraft are on loan to the Air Force.CommentsClose CommentsPermalink





(5) The designation of responsibility for funding depot maintenance requirements or modifications to the aircraft during the period the aircraft are on loan with the Air Force, or otherwise generated as a result of transfer.CommentsClose CommentsPermalink





(6) The locations from which the C-130 aircraft will be transferred.CommentsClose CommentsPermalink





(7) The manpower planning and certification that such a transfer will not result in manpower authorization reductions or resourcing at the Air National Guard facilities identified in paragraph (6).CommentsClose CommentsPermalink





(8) The manner by which Air National Guard personnel affected by the transfer will maintain their skills and proficiencies in order to preserve readiness at the affected units.CommentsClose CommentsPermalink





(9) Any other items the Director of the Air National Guard or the Commander of Air Force Reserve Command determine are necessary in order to ensure such a transfer will not negatively impact the ability of the Air National Guard and Air Force Reserve to accomplish their respective missions.CommentsClose CommentsPermalink

SEC. 347. COMMERCIAL SALE OF SMALL ARMS AMMUNITION IN EXCESS OF MILITARY REQUIREMENTS.

(a) Commercial Sale of Small Arms Ammunition- Small arms ammunition and ammunition components in excess of military requirements, including fired cartridge cases, which is not otherwise prohibited from commercial sale or certified by the Secretary of Defense as unserviceable or unsafe, may not be demilitarized or destroyed and shall be made available for commercial sale.CommentsClose CommentsPermalink





(b) Deadline for Guidance- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to ensure compliance with subsection (a). Not later than 15 days after issuing such guidance, the Secretary shall submit to the congressional defense committees a letter of compliance providing notice of such guidance.CommentsClose CommentsPermalink

SEC. 348. LIMITATION ON AIR FORCE FISCAL YEAR 2011 FORCE STRUCTURE ANNOUNCEMENT IMPLEMENTATION.

None of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2011 may be obligated or expended for the purpose of implementing the Air Force fiscal year 2011 Force Structure Announcement until 45 days after--CommentsClose CommentsPermalink





(1) the Secretary of the Air Force provides a detailed report to the Committees on Armed Services of the Senate and House of Representatives on the follow-on missions for bases affected by the 2010 Combat Air Forces restructure; andCommentsClose CommentsPermalink





(2) the Secretary of the Air Force certifies to the Committees on Armed Services of the Senate and House of Representatives that the Air Sovereignty Alert Mission will be fully resourced with required funding, personnel, and aircraft.CommentsClose CommentsPermalink

Subtitle F--Other MattersCommentsClose CommentsPermalink

SEC. 351. EXPEDITED PROCESSING OF BACKGROUND INVESTIGATIONS FOR CERTAIN INDIVIDUALS.

(a) Expedited Processing of Security Clearances- Section 1564 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following new subsection (a):CommentsClose CommentsPermalink





‘(a) Expedited Process- The Secretary of Defense may prescribe a process for expediting the completion of the background investigations necessary for granting security clearances for--CommentsClose CommentsPermalink





‘(1) Department of Defense personnel and Department of Defense contractor personnel who are engaged in sensitive duties that are critical to the national security; andCommentsClose CommentsPermalink





‘(2) any individual who submits an application for a position as an employee of the Department of Defense for which a security clearance is required who is a member of the armed forces who was retired or separated for physical disability pursuant to chapter 61 of this title.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(f) Use of Appropriated Funds- The Secretary of Defense may use funds authorized to be appropriated to the Department of Defense for operation and maintenance to conduct background investigations under this section for individuals described in subsection (a)(2).’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall apply with respect to a background investigation conducted after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 352. ADOPTION OF MILITARY WORKING DOGS BY FAMILY MEMBERS OF DECEASED OR SERIOUSLY WOUNDED MEMBERS OF THE ARMED FORCES WHO WERE HANDLERS OF THE DOGS.

Section 2583(c) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(1)’ before ‘Military animals’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) For purposes of making a determination under subsection (a)(2), unusual or extraordinary circumstances may include situations in which the handler of a military working dog is a member of the armed forces who is killed in action, dies of wounds received in action, or is so seriously wounded in action that the member will (or most likely will) receive a medical discharge. If the Secretary of the military department concerned determines that an adoption is justified in such a situation, the military working dog shall be made available for adoption only by the immediate family of the member.’.CommentsClose CommentsPermalink

SEC. 353. REVISION TO AUTHORITIES RELATING TO TRANSPORTATION OF CIVILIAN PASSENGERS AND COMMERCIAL CARGOES BY DEPARTMENT OF DEFENSE WHEN SPACE UNAVAILABLE ON COMMERCIAL LINES.

(a) Transportation on DOD Vehicles and Aircraft- Subsection (a) of section 2649 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘Authority- ’ before ‘Whenever’; andCommentsClose CommentsPermalink





(2) by inserting ‘, vehicles, or aircraft’ in the first sentence after ‘vessels’ both places it appears.CommentsClose CommentsPermalink





(b) Amounts Charged for Transportation in Emergency, Disaster, or Humanitarian Response Cases-CommentsClose CommentsPermalink





(1) LIMITATION ON AMOUNTS CHARGED- The second sentence of subsection (a) of such section is amended by inserting before the period the following: ‘, except that in the case of transportation provided in response to an emergency, a disaster, or a request for humanitarian assistance, any amount charged for such transportation may not exceed the cost of providing the transportation’.CommentsClose CommentsPermalink





(2) CREDITING OF RECEIPTS- Subsection (b) of such section is amended by striking ‘Amounts’ and inserting ‘Crediting of Receipts- Any amount received under this section with respect to transportation provided in response to an emergency, a disaster, or a request for humanitarian assistance may be credited to the appropriation, fund, or account used in incurring the obligation for which such amount is received. In all other cases, amounts’.CommentsClose CommentsPermalink





(c) Transportation During Contingencies or Disaster Responses- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Transportation of Allied Personnel During Contingencies or Disaster Responses- (1) During the 5-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011, when space is available on vessels, vehicles, or aircraft operated by the Department of Defense and the Secretary of Defense determines that operations in the area of a contingency operation or disaster response would be facilitated if allied forces or civilians were to be transported using such vessels, vehicles, or aircraft, the Secretary may provide such transportation on a noninterference basis, without charge.CommentsClose CommentsPermalink





‘(2) Not later than March 1 of each year following a year in which the Secretary provides transportation under paragraph (1), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing, in detail, the transportation so provided during that year. Each such report shall include a description of each of the following:CommentsClose CommentsPermalink





‘(A) How the authority under paragraph (1) was used during the year covered by the report.CommentsClose CommentsPermalink





‘(B) The frequency with which such authority was used during that year.CommentsClose CommentsPermalink





‘(C) The rationale of the Secretary for each such use of the authority.CommentsClose CommentsPermalink





‘(D) The total cost of the transportation provided under paragraph (1) during that year.CommentsClose CommentsPermalink





‘(E) The appropriation, fund, or account credited and the total amount received as a result of providing transportation under paragraph (1) during that year.’.CommentsClose CommentsPermalink





(d) Conforming Amendment- Section 2648 of such title is amended by inserting ‘, vehicles, or aircraft’ after ‘vessels’ in the matter preceding paragraph (1).CommentsClose CommentsPermalink





(e) Technical Amendments-CommentsClose CommentsPermalink





(1) The heading of section 2648 of such title is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 2648. Persons and supplies: sea, land, and air transportation’.

(2) The heading of section 2649 of such title is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 2649. Civilian passengers and commercial cargoes: transportation on Department of Defense vessels, vehicles, and aircraft’.

(f) Clerical Amendments- The table of sections at the beginning of chapter 157 of such title is amended by striking the items relating to sections 2648 and 2649 and inserting the following new items:CommentsClose CommentsPermalink





‘2648. Persons and supplies: sea, land, and air transportation.CommentsClose CommentsPermalink





‘2649. Civilian passengers and commercial cargoes: transportation on Department of Defense vessels, vehicles, and aircraft.’.CommentsClose CommentsPermalink

SEC. 354. TECHNICAL CORRECTION TO OBSOLETE REFERENCE RELATING TO USE OF FLEXIBLE HIRING AUTHORITY TO FACILITATE PERFORMANCE OF CERTAIN DEPARTMENT OF DEFENSE FUNCTIONS BY CIVILIAN EMPLOYEES.

Section 2463(d)(1) of title 10, United States Code, is amended by striking ‘under the National Security Personnel System, as established’.CommentsClose CommentsPermalink

SEC. 355. INVENTORY AND STUDY OF BUDGET MODELING AND SIMULATION TOOLS.

(a) Inventory-CommentsClose CommentsPermalink





(1) INVENTORY REQUIRED- The Comptroller General of the United States shall perform an inventory of all modeling and simulation tools used by the Department of Defense to develop and analyze the Department’s annual budget submission and to support decision making inside the budget process. In carrying out the inventory, the Comptroller General shall identify the purpose, scope, and levels of validation, verification, and accreditation of each such model and simulation.CommentsClose CommentsPermalink





(2) REPORT- Not later than December 1, 2010, the Comptroller General shall submit to Committees on Armed Services of the Senate and House of Representatives and the Secretary of Defense a report on the inventory under paragraph (1) and the findings of the Comptroller General in carrying out the inventory.CommentsClose CommentsPermalink





(b) Study-CommentsClose CommentsPermalink





(1) STUDY REQUIRED- By not later than January 15, 2011, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to carry out a study examining the requirements for and capabilities of modeling and simulation tools used by the Department of Defense to support the annual budget process. A contract entered into under this paragraph shall specify that in carrying out the study, the center shall--CommentsClose CommentsPermalink





(A) use the inventory performed by the Comptroller General under subsection (a) as a baseline;CommentsClose CommentsPermalink





(B) examine the efficacy and sufficiency of the modeling and simulation tools used by the Department of Defense to support the development, analysis, and decision-making associated with the construction and validation of requirements used as a basis for the annual budget process of the Department;CommentsClose CommentsPermalink





(C) examine the requirements and any capability gaps with respect to such modeling and simulation tools;CommentsClose CommentsPermalink





(D) provide recommendations as to how the Department should best address the requirements and fill the capabilities gaps identified under subparagraph (C);CommentsClose CommentsPermalink





(E) identify annual investment levels in modeling and simulation tools and certifications required to achieve a high degree of confidence in the relationship between the Department’s mission effectiveness and the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for a fiscal year;CommentsClose CommentsPermalink





(F) examine the verification, validation, and accreditation requirements for each of the military services and provide recommendations with respect to establishing uniform standards for such requirements across all of the military services; andCommentsClose CommentsPermalink





(G) recommend improvements to enhance the confidence, efficacy, and sufficiency of the modeling and simulation tools used by the Department of Defense in the development of the annual budget.CommentsClose CommentsPermalink





(2) REPORT- Not later than January 1, 2012, the chief executive officer of the center that carries out the study pursuant to a contract under paragraph (1) shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the findings of the study.CommentsClose CommentsPermalink

SEC. 356. SENSE OF CONGRESS REGARDING CONTINUED IMPORTANCE OF HIGH-ALTITUDE AVIATION TRAINING SITE, COLORADO.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) The High-Altitude Aviation Training Site in Gypsum, Colorado, is the only Department of Defense aviation school that provides an opportunity for rotor-wing military pilots to train in high-altitude, mountainous terrain, under full gross weight and power management operations.CommentsClose CommentsPermalink





(2) The High-Altitude Aviation Training Site is operated by the Colorado Army National Guard and is available to pilots of all branches of the Armed Forces and to pilots of allied countries.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the High-Altitude Army Aviation Training Site continues to be critically important to ensuring the readiness and capabilities of rotor-wing military pilots; andCommentsClose CommentsPermalink





(2) the Department of Defense should take all appropriate actions to prevent encroachment on the High-Altitude Army Aviation Training Site.CommentsClose CommentsPermalink

SEC. 357. DEPARTMENT OF DEFENSE STUDY ON SIMULATED TACTICAL FLIGHT TRAINING IN A SUSTAINED G ENVIRONMENT.

(a) Study Required- The Secretary of Defense shall conduct a study on the effectiveness of simulated tactical flight training in a sustained g environment. In conducting the study, the Secretary shall include all relevant factors, including each of the following:CommentsClose CommentsPermalink





(1) Training effectiveness.CommentsClose CommentsPermalink





(2) Cost reductions.CommentsClose CommentsPermalink





(3) Safety.CommentsClose CommentsPermalink





(4) Research benefits.CommentsClose CommentsPermalink





(5) Carbon emissions reduction.CommentsClose CommentsPermalink





(6) Lifecycles of training aircraft.CommentsClose CommentsPermalink





(b) Deadline for Completion- The study required by subsection (a) shall be completed not later than 18 months after the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) Submission to Congress- Upon completion of the study required by subsection (a), the Secretary shall submit the results of the study to the congressional defense committees.CommentsClose CommentsPermalink

SEC. 358. STUDY OF EFFECTS OF NEW CONSTRUCTION OF OBSTRUCTIONS ON MILITARY INSTALLATIONS AND OPERATIONS.

(a) Designation of Department Organization- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall designate a single organization within the Department of Defense to--CommentsClose CommentsPermalink





(1) serve as the executive agent to carry out the study required by subsection (b);CommentsClose CommentsPermalink





(2) serve as a clearinghouse to review applications filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, and received by the Department of Defense from the Secretary of Transportation; andCommentsClose CommentsPermalink





(3) accelerate the development of planning tools to provide preliminary notice as to the acceptability to the Department of Defense of proposals included in an application submitted pursuant to such section.CommentsClose CommentsPermalink





(b) Military Installations and Operations Impact Study-CommentsClose CommentsPermalink





(1) STUDY REQUIRED- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a study to identify any areas where military installations and military operations, including the use of air navigation facilities, navigable airspace, military training routes, and air defense radars, could be affected by any proposed construction, alteration, establishment, or expansion of a structure described in section 44718 of title 49, United States Code.CommentsClose CommentsPermalink





(2) MILITARY MISSION IMPACT ZONES- The Secretary of Defense shall publish a notice of the areas identified pursuant to the study under paragraph (1). Such areas shall be known as ‘military mission impact zones’.CommentsClose CommentsPermalink





(c) Effect of Department of Defense Hazard Assessment- A notice under subsection (a)(3) or (b)(2) shall not be considered to be a substitute for any assessment required by the Secretary of Transportation under section 44718 of title 49, United States Code.CommentsClose CommentsPermalink





(d) Savings Provision- Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink





(e) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘military training route’ means a training route developed as part of the Military Training Route Program, carried out jointly by the Federal Aviation Administration and the Secretary Defense, for use by the Armed Forces for the purpose of conducting low-altitude, high-speed military training.CommentsClose CommentsPermalink





(2) The term ‘high value military training route’ means a military training route that is in the highest quartile of military training routes used by the Department of Defense with respect to frequency of use.CommentsClose CommentsPermalink





(3) The term ‘military installation’ has the meaning given that term in section 2801(c)(4) of title 10, United States Code.CommentsClose CommentsPermalink





(4) The term ‘military operation’ means military navigable airspace, including high value military training routes, air defense radars, special use airspace, warning areas, and other military related systems.CommentsClose CommentsPermalink

SEC. 359. SENSE OF CONGRESS REGARDING FIRE-RESISTANT UTILITY ENSEMBLES FOR NATIONAL GUARD PERSONNEL IN CIVIL AUTHORITY MISSIONS.

It is the sense of Congress that the Chief of the National Guard Bureau should issue fire-resistant utility ensembles to National Guard personnel who are engaged, or likely to become engaged, in defense support to civil authority missions that routinely involve serious fire hazards, such as wildfire recovery efforts.CommentsClose CommentsPermalink

SEC. 360. AUTHORITY TO MAKE EXCESS NONLETHAL SUPPLIES AVAILABLE FOR DOMESTIC EMERGENCY ASSISTANCE.

(a) Domestic Authority- Section 2557 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1), by adding at the end the following new sentence: ‘In addition, the Secretary may make nonlethal excess supplies of the Department available to support domestic emergency assistance activities.’; andCommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by inserting ‘(1)’ before ‘Excess’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) Excess supplies made available under this section to support domestic emergency assistance activities shall be transferred to the Secretary of Homeland Security. The Secretary of Defense may provide assistance in the distribution of such supplies at the request of the Secretary of Homeland Security.’.CommentsClose CommentsPermalink





(b) Clerical Amendments-CommentsClose CommentsPermalink





(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 2557. Excess nonlethal supplies: availability for humanitarian relief, domestic emergency assistance, and homeless veterans assistance’.

(2) TABLE OF SECTIONS- The item relating to such section in the table of sections at the beginning of chapter 152 of such title is amended to read as follows:CommentsClose CommentsPermalink





‘2557. Excess nonlethal supplies: availability for humanitarian relief, domestic emergency assistance, and homeless veterans assistance.’.CommentsClose CommentsPermalink

SEC. 361. RECOVERY OF MISSING DEPARTMENT OF DEFENSE PROPERTY.

(a) In General- Section 2789 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 2789. Recovery of Department of Defense property: unauthorized or improper disposition

‘(a) Prohibitions- No member of the armed forces, civilian employee of the Government, employee or agent of a contractor, or any other person may sell, lend, pledge, barter, give, transfer, or otherwise dispose of any clothing, arms, articles, equipment, or any other military or Department of Defense property--CommentsClose CommentsPermalink





‘(1) to any person not authorized to receive the property in accordance with applicable requirements established by the Department of Defense or a component thereof; orCommentsClose CommentsPermalink





‘(2) in violation of applicable demilitarization regulations of the Department of Defense or a component thereof.CommentsClose CommentsPermalink





‘(b) Seizure of Improperly Disposed of Property- If a member of the armed forces, civilian employee of the Government, employee or agent of a contractor, or any other person has improperly disposed of military or Department of Defense property in violation of subsection (a), any civil or military officer of the United States or any State or local law enforcement official may seize the property, wherever found. Title to military or Department of Defense property disposed of in violation of subsection (a) remains with the United States. Possession of such property by a person who is neither a member of the armed forces nor an official of the United States is prima facie evidence that the property has been disposed of in violation of subsection (a).CommentsClose CommentsPermalink





‘(c) Delivery of Seized Property- Any official who seizes property under subsection (b) and is not authorized to retain it for the United States shall immediately deliver the property to an authorized member of the armed forces or other authorized official of the Department of Defense or the Department of Justice.CommentsClose CommentsPermalink





‘(d) Retroactive Enforcement Authorized- This section shall apply to any military or Department of Defense property which was the subject of unauthorized disposition any time after January 1, 2002. This section shall apply to significant military equipment which was the subject of unauthorized disposition at any time.CommentsClose CommentsPermalink





‘(e) Severability Clause- In the event that any portion of this section is held unenforceable, all other portions of this section shall remain in full force and effect.CommentsClose CommentsPermalink





‘(f) Definition- In this section, the term ‘significant military equipment’ means defense articles on the United States Munitions List for which special export controls are warranted because of their capacity for substantial military utility or capability.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The item relating to such section in the table of sections at the beginning of chapter 165 of such title is amended to read as follows:CommentsClose CommentsPermalink





‘2789. Recovery of Department of Defense property: unauthorized or improper disposition.’.CommentsClose CommentsPermalink

SEC. 362. AUTHORITY FOR PAYMENT OF FULL REPLACEMENT VALUE FOR LOSS OR DAMAGE TO HOUSEHOLD GOODS IN LIMITED CASES NOT COVERED BY CARRIER LIABILITY.

(a) Claims Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 163 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 2740. Property loss: reimbursement of members and civilian employees for full replacement value of household effects when contractor reimbursement not available

‘The Secretary of Defense and the Secretaries of the military departments, in paying a claim under section 3721 of title 31 arising from loss or damage to household goods stored or transported at the expense of the Department of Defense, may pay the claim on the basis of full replacement value in any of the following cases in which reimbursement for the full replacement value for the loss or damage is not available directly from a carrier under section 2636a of this title:CommentsClose CommentsPermalink





‘(1) A case in which--CommentsClose CommentsPermalink





‘(A) the lost or damaged goods were stored or transported under a contract, tender, or solicitation in accordance with section 2636a of this title that requires the transportation service provider to settle claims on the basis of full replacement value; andCommentsClose CommentsPermalink





‘(B) the loss or damage occurred under circumstances that exclude the transportation service provider from liability.CommentsClose CommentsPermalink





‘(2) A case in which--CommentsClose CommentsPermalink





‘(A) the loss or damage occurred while the lost or damaged goods were in the possession of an ocean carrier that was transporting, loading, or unloading the goods under a Department of Defense contract for ocean carriage; andCommentsClose CommentsPermalink





‘(B) the land-based portions of the transportation were under contracts, in accordance with section 2636a of this title, that require the land carriers to settle claims on the basis of full replacement value.CommentsClose CommentsPermalink





‘(3) A case in which--CommentsClose CommentsPermalink





‘(A) the lost or damaged goods were transported or stored under a contract or solicitation that requires at least one of the transportation service providers or carriers that handled the shipment to settle claims on the basis of full replacement value pursuant to section 2636a of this title;CommentsClose CommentsPermalink





‘(B) the lost or damaged goods have been in the custody of more than one independent contractor or transportation service provider; andCommentsClose CommentsPermalink





‘(C) a claim submitted to the delivering transportation service provider or carrier is denied in whole or in part because the loss or damage occurred while the lost or damaged goods were in the custody of a prior transportation service provider or carrier or government entity.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘2740. Property loss: reimbursement of members and civilian employees for full replacement value of household effects when contractor reimbursement not available.’.CommentsClose CommentsPermalink





(b) Effective Date- Section 2740 of title 10, United States Code, as added by subsection (a), shall apply with respect to losses incurred after the date of the enactment of this Act.CommentsClose CommentsPermalink

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink

Subtitle A--Active ForcesCommentsClose CommentsPermalink

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2011, as follows:CommentsClose CommentsPermalink





(1) The Army, 569,400.CommentsClose CommentsPermalink





(2) The Navy, 328,700.CommentsClose CommentsPermalink





(3) The Marine Corps, 202,100.CommentsClose CommentsPermalink





(4) The Air Force, 332,200.CommentsClose CommentsPermalink

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS.

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:CommentsClose CommentsPermalink





‘(1) For the Army, 547,400.CommentsClose CommentsPermalink





‘(2) For the Navy, 324,300.CommentsClose CommentsPermalink





‘(3) For the Marine Corps, 202,100.CommentsClose CommentsPermalink





‘(4) For the Air Force, 332,200.’.CommentsClose CommentsPermalink

Subtitle B--Reserve ForcesCommentsClose CommentsPermalink

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2011, as follows:CommentsClose CommentsPermalink





(1) The Army National Guard of the United States, 358,200.CommentsClose CommentsPermalink





(2) The Army Reserve, 205,000.CommentsClose CommentsPermalink





(3) The Navy Reserve, 65,500.CommentsClose CommentsPermalink





(4) The Marine Corps Reserve, 39,600.CommentsClose CommentsPermalink





(5) The Air National Guard of the United States, 106,700.CommentsClose CommentsPermalink





(6) The Air Force Reserve, 71,200.CommentsClose CommentsPermalink





(7) The Coast Guard Reserve, 10,000.CommentsClose CommentsPermalink





(b) End Strength Reductions- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--CommentsClose CommentsPermalink





(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; andCommentsClose CommentsPermalink





(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.CommentsClose CommentsPermalink





(c) End Strength Increases- Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.CommentsClose CommentsPermalink

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2011, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:CommentsClose CommentsPermalink





(1) The Army National Guard of the United States, 32,060.CommentsClose CommentsPermalink





(2) The Army Reserve, 16,261.CommentsClose CommentsPermalink





(3) The Navy Reserve, 10,688.CommentsClose CommentsPermalink





(4) The Marine Corps Reserve, 2,261.CommentsClose CommentsPermalink





(5) The Air National Guard of the United States, 14,584.CommentsClose CommentsPermalink





(6) The Air Force Reserve, 2,992.CommentsClose CommentsPermalink

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

The minimum number of military technicians (dual status) as of the last day of fiscal year 2011 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:CommentsClose CommentsPermalink





(1) For the Army Reserve, 8,395.CommentsClose CommentsPermalink





(2) For the Army National Guard of the United States, 27,210.CommentsClose CommentsPermalink





(3) For the Air Force Reserve, 10,720.CommentsClose CommentsPermalink





(4) For the Air National Guard of the United States, 22,394.CommentsClose CommentsPermalink

SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.

(a) Limitations-CommentsClose CommentsPermalink





(1) NATIONAL GUARD- Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2011, may not exceed the following:CommentsClose CommentsPermalink





(A) For the Army National Guard of the United States, 2,520.CommentsClose CommentsPermalink





(B) For the Air National Guard of the United States, 350.CommentsClose CommentsPermalink





(2) ARMY RESERVE- The number of non-dual status technicians employed by the Army Reserve as of September 30, 2011, may not exceed 595.CommentsClose CommentsPermalink





(3) AIR FORCE RESERVE- The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2011, may not exceed 90.CommentsClose CommentsPermalink





(b) Non-Dual Status Technicians Defined- In this section, the term ‘non-dual status technician’ has the meaning given that term in section 10217(a) of title 10, United States Code.CommentsClose CommentsPermalink





(c) Conforming Amendment to Annual Limitation on Non-dual Status Technicians for the Army National Guard- Section 10217(c)(2) of title 10, United States Code, is amended by striking ‘1,950’ and inserting ‘2,870’.CommentsClose CommentsPermalink

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2011, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:CommentsClose CommentsPermalink





(1) The Army National Guard of the United States, 17,000.CommentsClose CommentsPermalink





(2) The Army Reserve, 13,000.CommentsClose CommentsPermalink





(3) The Navy Reserve, 6,200.CommentsClose CommentsPermalink





(4) The Marine Corps Reserve, 3,000.CommentsClose CommentsPermalink





(5) The Air National Guard of the United States, 16,000.CommentsClose CommentsPermalink





(6) The Air Force Reserve, 14,000.CommentsClose CommentsPermalink

Subtitle C--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 421. MILITARY PERSONNEL.

(a) Authorization of Appropriations- There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2011 a total of $138,540,700,000.CommentsClose CommentsPermalink





(b) Construction of Authorization- The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2011.CommentsClose CommentsPermalink

TITLE V--MILITARY PERSONNEL POLICYCommentsClose CommentsPermalink

Subtitle A--Officer Personnel Policy GenerallyCommentsClose CommentsPermalink

SEC. 501. AGE FOR HEALTH CARE PROFESSIONAL APPOINTMENTS AND MANDATORY RETIREMENTS.

(a) Age for Original Appointment as a Health Professions Officer- Section 532(d)(2) of title 10, United States Code, is amended by striking ‘reserve’.CommentsClose CommentsPermalink





(b) Additional Categories of Officers Eligible for Deferral of Mandatory Retirement for Age- Section 1251(b) of such title is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘the officer will be performing duties consisting primarily of providing patient care or performing other clinical duties.’ and inserting ‘the officer--CommentsClose CommentsPermalink





‘(A) will be performing duties consisting primarily of providing patient care or performing other clinical duties; orCommentsClose CommentsPermalink





‘(B) is in a category of officers designated under subparagraph (D) of paragraph (2) whose duties will consist primarily of the duties described in clause (i), (ii), or (iii) of such subparagraph.’; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking ‘or’ at the end of subparagraph (B);CommentsClose CommentsPermalink





(B) by striking the period at the end of subparagraph (C) and inserting ‘; or’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(D) an officer in a category of officers designated by the Secretary concerned for the purposes of this paragraph as consisting of officers whose duties consist primarily of--CommentsClose CommentsPermalink





‘(i) providing health care;CommentsClose CommentsPermalink





‘(ii) performing other clinical care; orCommentsClose CommentsPermalink





‘(iii) performing health-care related administrative duties.’.CommentsClose CommentsPermalink

SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OFFICERS IN THE GRADE OF W-1 BY COMMISSION AND STANDARDIZATION OF WARRANT OFFICER APPOINTING AUTHORITY.

(a) Regular Officers-CommentsClose CommentsPermalink





(1) AUTHORITY FOR APPOINTMENTS BY COMMISSION IN WARRANT OFFICER W-1 GRADE- The first sentence of section 571(b) of title 10, United States Code, is amended by striking ‘by the Secretary concerned’ and inserting ‘, except that, with respect to an armed force under the jurisdiction of the Secretary of a military department, the Secretary may provide by regulation that appointments in that grade shall be made by commission’.CommentsClose CommentsPermalink





(2) APPOINTING AUTHORITY- The second sentence of section 571(b) of such title is amended by inserting before the period at the end the following: ‘, and appointments in the grade of regular warrant officer, W-1 (whether by warrant or commission), shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the Secretary of Homeland Security when it is not operating as a service in the Department of the Navy’.CommentsClose CommentsPermalink





(b) Reserve Officers- Subsection (b) of section 12241 of such title is amended to read as follows:CommentsClose CommentsPermalink





‘(b) Appointments in permanent reserve warrant officer grades shall be made in the same manner as is prescribed for regular warrant officer grades by section 571(b) of this title.’.CommentsClose CommentsPermalink





(c) Presidential Functions- Except as otherwise provided by the President by Executive order, the provisions of Executive Order No. 13384 (10 U.S.C. 531 note) relating to the functions of the President under the second sentence of section 571(b) of title 10, United States Code, shall apply in the same manner to the functions of the President under section 12241(b) of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 503. NONDISCLOSURE OF INFORMATION FROM DISCUSSIONS, DELIBERATIONS, NOTES, AND RECORDS OF SPECIAL SELECTION BOARDS.

(a) Nondisclosure of Board Proceedings- Section 613a of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following new subsection:CommentsClose CommentsPermalink





‘(a) Prohibition on Disclosure- The proceedings of a selection board convened under section 573, 611, or 628 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in section 552(b)(3) of title 5.’;CommentsClose CommentsPermalink





(2) in subsection (b), by striking ‘and Records’ and inserting ‘Notes, and Records’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Applicability- This section applies to all selection boards convened under section 573, 611, or 628 of this title, regardless of the date on which the board was convened.’.CommentsClose CommentsPermalink





(b) Reports of Boards- Section 628(c)(2) of such title is amended by striking ‘sections 576(d) and 576(f)’ and inserting ‘sections 576(d), 576(f), and 613a’.CommentsClose CommentsPermalink





(c) Reserve Boards- Section 14104 of such title is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following new subsection:CommentsClose CommentsPermalink





‘(a) Prohibition on Disclosure- The proceedings of a selection board convened under section 14101 or 14502 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in section 552(b)(3) of title 5.’;CommentsClose CommentsPermalink





(2) in subsection (b), by striking ‘and Records’ and inserting ‘Notes, and Records’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Applicability- This section applies to all selection boards convened under section 14101 or 14502 of this title, regardless of the date on which the board was convened.’.CommentsClose CommentsPermalink

SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM LIST OF OFFICERS RECOMMENDED FOR PROMOTION.

(a) Active-duty List- Section 629 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following new subsection (d):CommentsClose CommentsPermalink





‘(d) Administrative Removal- If an officer on the active-duty list is discharged or dropped from the rolls, transferred to a retired status, or found to have been erroneously included in a zone of consideration, after having been recommended for promotion to a higher grade under this chapter, but before being promoted, the officer shall be administratively removed from the promotion list under regulations prescribed by the Secretary concerned.’.CommentsClose CommentsPermalink





(b) Reserve Active-status List- Section 14310 of such title is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following new subsection (d):CommentsClose CommentsPermalink





‘(d) Administrative Removal- If an officer on the reserve active-status list is discharged or dropped from the rolls, transferred to a retired status, or found to have been erroneously included in a zone of consideration, after having been recommended for promotion to a higher grade under this chapter or after having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer shall be administratively removed from the promotion list under regulations prescribed by the Secretary concerned.’.CommentsClose CommentsPermalink

SEC. 505. ELIGIBILITY OF OFFICERS TO SERVE ON BOARDS OF INQUIRY FOR SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE AND OTHER REASONS.

(a) Active Duty- Section 1187 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking paragraphs (2) and (3) and inserting the following new paragraphs:CommentsClose CommentsPermalink





‘(2) Each member of the board shall be senior in rank or grade to the officer being required to show cause for retention on active duty.CommentsClose CommentsPermalink





‘(3) At least one member of the board--CommentsClose CommentsPermalink





‘(A) shall be in or above the grade of major or lieutenant commander, if the grade of the officer being required to show cause for retention on active duty is below the grade of major or lieutenant commander; orCommentsClose CommentsPermalink





‘(B) shall be in a grade above lieutenant colonel or commander, if the grade of the officer being required to show cause for retention on active duty is major or lieutenant commander or above.’;CommentsClose CommentsPermalink





(2) in subsection (b), by striking ‘that officer--’ and all that follows through the period at the end and inserting ‘that officer meets the grade requirements of subsection (a)(2).’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Regulations- The Secretary of a military department may prescribe regulations limiting the eligibility of officers to serve on a board convened under this chapter to officers who, while otherwise qualified, are in the opinion of the Secretary best suited for that duty by reason of age, education, training, experience, length of service, or temperament.’.CommentsClose CommentsPermalink





(b) Reserves- Section 14906 of such title is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking paragraphs (2) and (3) and inserting the following new paragraphs:CommentsClose CommentsPermalink





‘(2) Each member of the board shall be senior in rank or grade to the officer being required to show cause for retention in an active status.CommentsClose CommentsPermalink





‘(3) At least one member of the board--CommentsClose CommentsPermalink





‘(A) shall be in or above the grade of major or lieutenant commander, if the grade of the officer being required to show cause for retention in an active status is below the grade of major or lieutenant commander; orCommentsClose CommentsPermalink





‘(B) shall be in a grade above lieutenant colonel or commander, if the grade of the officer being required to show cause for retention in an active status is major or lieutenant commander or above.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Regulations- The Secretary of a military department may prescribe regulations limiting the eligibility of officers to serve on a board convened under this chapter to officers who, while otherwise qualified, are in the opinion of the Secretary best suited for that duty by reason of age, education, training, experience, length of service, or temperament.’.CommentsClose CommentsPermalink

SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF ACTIVE SERVICE AS A COMMISSIONED OFFICER REQUIRED FOR VOLUNTARY RETIREMENT AS AN OFFICER.

(a) Army- Section 3911(b)(2) of title 10, United States Code, is amended by striking ‘January 6, 2006, and ending on December 31, 2008’ and inserting ‘the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013’.CommentsClose CommentsPermalink





(b) Navy and Marine Corps- Section 6323(a)(2)(B) of such title is amended by striking ‘January 6, 2006, and ending on December 31, 2008’ and inserting ‘the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013’.CommentsClose CommentsPermalink





(c) Air Force- Section 8911(b)(2) of such title is amended by striking ‘January 6, 2006, and ending on December 31, 2008’ and inserting ‘the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013’.CommentsClose CommentsPermalink

Subtitle B--Reserve Component ManagementCommentsClose CommentsPermalink

SEC. 511. PRESEPARATION COUNSELING FOR MEMBERS OF THE RESERVE COMPONENTS.

(a) Requirement; Exception- Subsection (a)(1) of section 1142 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in the first sentence--CommentsClose CommentsPermalink





(A) by striking ‘Within’ and inserting ‘(A) Within’; andCommentsClose CommentsPermalink





(B) by striking ‘of each member’ and all that follows through the period at the end of the sentence and inserting the following: ‘of--CommentsClose CommentsPermalink





‘(i) each member of the armed forces whose discharge or release from active duty is anticipated as of a specific date; andCommentsClose CommentsPermalink





‘(ii) each member of a reserve component not covered by clause (i) whose discharge or release from service is anticipated as of a specific date.’; andCommentsClose CommentsPermalink





(2) in the second sentence, by striking ‘A notation of the provision of such counseling’ and inserting the following:CommentsClose CommentsPermalink





‘(B) A notation of the provision of preseparation counseling’.CommentsClose CommentsPermalink





(b) Clarification of Covered Matters- Subsection (b)(7) of such section is amended by striking ‘from active duty’.CommentsClose CommentsPermalink

SEC. 512. MILITARY CORRECTION BOARD REMEDIES FOR NATIONAL GUARD MEMBERS.

Subsection (a) of section 1552 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘military record of the Secretary’s department’ and inserting ‘military record of an armed force, including reserve components thereof, under the jurisdiction of the Secretary’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) In the case of a member of the National Guard, the authority to correct any military record of the member under this section extends only to records generated while the member was in Federal service and does not apply to matters related to State government policy and procedures related to its National Guard.’.CommentsClose CommentsPermalink

SEC. 513. REMOVAL OF STATUTORY DISTRIBUTION LIMITS ON NAVY RESERVE FLAG OFFICER ALLOCATION.

Section 12004(c) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking paragraphs (2), (3), and (5); andCommentsClose CommentsPermalink





(2) by redesignating paragraph (4) as paragraph (2).CommentsClose CommentsPermalink

SEC. 514. ASSIGNMENT OF AIR FORCE RESERVE MILITARY TECHNICIANS (DUAL STATUS) TO POSITIONS OUTSIDE AIR FORCE RESERVE UNIT PROGRAM.

Section 10216(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) Paragraph (1) does not apply to a military technician (dual status) who is employed by the Air Force Reserve in an area other than the Air Force Reserve unit program, except that not more than 50 of such technicians may be assigned outside of the unit program at the same time.’.CommentsClose CommentsPermalink

SEC. 515. TEMPORARY AUTHORITY FOR TEMPORARY EMPLOYMENT OF NON-DUAL STATUS MILITARY TECHNICIANS.

Section 10217 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘or’ at the end of paragraph (1);CommentsClose CommentsPermalink





(B) by striking the period at the end of paragraph (2) and inserting ‘; or’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) is hired as a temporary employee pursuant to the exception for temporary employment provided by subsection (d) and subject to the terms and conditions of such subsection.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(d) Exception for Temporary Employment- (1) Notwithstanding section 10218 of this title, the Secretary of the Army or the Secretary of the Air Force may employ, for a period not to exceed 2 years, a person to fill a vacancy created by the mobilization of a military technician (dual status) occupying a position under section 10216 of this title.CommentsClose CommentsPermalink





‘(2) The duration of the temporary employment of a person in a military technician position under this subsection may not exceed the shorter of the following:CommentsClose CommentsPermalink





‘(A) The period of mobilization of the military technician (dual status) whose vacancy is being filled by the temporary employee.CommentsClose CommentsPermalink





‘(B) Two years.CommentsClose CommentsPermalink





‘(3) No persons may be hired under the authority of this subsection after the end of the 2-year period beginning on the date of the enactment of this subsection.’.CommentsClose CommentsPermalink

SEC. 516. REVISED STRUCTURE AND FUNCTIONS OF RESERVE FORCES POLICY BOARD.

(a) Revised Structure and Functions- Section 10301 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 10301. Reserve Forces Policy Board

‘(a) Functions- As provided in section 175 of this title, there is in the Office of the Secretary of Defense a Reserve Forces Policy Board. The Board shall serve as an independent adviser to the Secretary of Defense to provide advice and recommendations to the Secretary on strategies, policies, and practices designed to improve and enhance the capabilities, efficiency, and effectiveness of the reserve components. The Board shall report directly to the Secretary to provide independent advice and recommendations to the Secretary on matters relating to the and reserve components.CommentsClose CommentsPermalink





‘(b) Membership- The Board consists of 20 members, appointed or designated as follows:CommentsClose CommentsPermalink





‘(1) A civilian chairman appointed by the Secretary of Defense, who shall be a person who the Secretary determines has the knowledge of, and experience in, policy matters relevant to national security and reserve component matters required to carry out the duties of chairman.CommentsClose CommentsPermalink





‘(2) Two reserve general officers designated by the Secretary of Defense upon the recommendation of the Secretary of the Army, one of whom shall be a member of the Army National Guard of the United States and one of whom shall be a member of the Army Reserve.CommentsClose CommentsPermalink





‘(3) Two reserve officers designated by the Secretary of Defense upon the recommendation of the Secretary of the Navy, one of whom shall be a Navy Reserve flag officer and one of whom shall be a Marine Corps Reserve general officer.CommentsClose CommentsPermalink





‘(4) Two reserve general officers designated by the Secretary of Defense upon the recommendation of the Secretary of the Air Force, one of whom shall be a member of the Air National Guard of the United States and one of whom shall be a member of the Air Force Reserve.CommentsClose CommentsPermalink





‘(5) One Coast Guard flag officer designated by the Secretary of Homeland Security when the Coast Guard is not operating as a service within the Department of the Navy, or designated by the Secretary of Defense, upon the recommendation of the Secretary of the Navy, when the Coast Guard is operating as a service in the Navy under section 3 of title 14.CommentsClose CommentsPermalink





‘(6) Ten persons appointed or designated by the Secretary of Defense, each of whom shall be a United States citizen and have significant knowledge of and experience in policy matters relevant to national security and reserve component matters and shall be one of the following:CommentsClose CommentsPermalink





‘(A) An individual not employed in any Federal or State department or agency.CommentsClose CommentsPermalink





‘(B) An individual employed by a Federal or State department or agency.CommentsClose CommentsPermalink





‘(C) An officer of a regular component on active duty, or an officer of a reserve component in an active status, who has served or is serving in a senior position on the Joint Staff, a combatant command headquarters staff, or a service headquarters staff.CommentsClose CommentsPermalink





‘(7) A reserve officer of the Army, Navy, Air Force, or Marine Corps who is a general or flag officer recommended by the chairman and designated by the Secretary of Defense, who shall serve without vote--CommentsClose CommentsPermalink





‘(A) as military adviser to the chairman;CommentsClose CommentsPermalink





‘(B) as military executive officer of the Board; andCommentsClose CommentsPermalink





‘(C) as supervisor of the Board operations and staff.CommentsClose CommentsPermalink





‘(8) A senior enlisted member of a reserve component recommended by the chairman and appointed by the Secretary of Defense, who shall serve without vote as enlisted military adviser to the chairman.CommentsClose CommentsPermalink





‘(c) Independent Advice- In the case of a member of the Board who is an officer or employee of the Department of Defense or a member of the armed forces, the advice provided in that member’s capacity as a member of the Board shall be rendered independently of the Board member’s other duties as an officer or employee of the Department of Defense or member of the armed forces.CommentsClose CommentsPermalink





‘(d) Matters to Be Acted on- The Board shall act on those matters referred to it by the chairman and on any matter raised by a member of the Board.CommentsClose CommentsPermalink





‘(e) Staff- The Board shall be supported by a staff consisting of one full-time officer from each of the reserve components listed in paragraphs (1) through (6) of section 10101 of this title who holds the grade of colonel, or in the case of the Navy the grade of captain, or who has been selected for promotion to that grade. These officers shall also serve as liaisons between their respective components and the Board. They shall perform their staff and liaison duties under the supervision of the military executive in an independent manner reflecting the independent nature of the Board.CommentsClose CommentsPermalink





‘(f) Relationship to Service Reserve Policy Committees and Boards- This section does not affect the committees and boards prescribed within the military departments by sections 10302 through 10305 of this title, and a member of such a committee or board may, if otherwise eligible, be a member of the Board.’.CommentsClose CommentsPermalink





(b) Board Membership Transition Provision- The members of the Reserve Forces Policy Board as of the date of the enactment of this Act shall continue to serve on the Board in accordance with their respective terms of service as of such date, and except to ensure that the positions of chairman and military executive of the Board continue to be filled, and to ensure that the reserve components listed in paragraphs (1) through (7) of section 10101 of title 10, United States Code, continue to have representation, no appointment or designation of a member of the Board may be made after such date until the number of voting members of the Board is fewer than 18. Once the number of voting members is fewer than 18, vacancies in the Board membership shall be filled in accordance with section 10301 of title 10, United States Code, as amended by subsection (a).CommentsClose CommentsPermalink





(c) Revision to Annual Report Requirement- Section 113(c)(2) of title 10, United States Code, is amended by striking ‘the reserve programs of the Department of Defense and on any other matters’ and inserting ‘any reserve component matter’.CommentsClose CommentsPermalink

SEC. 517. MERIT SYSTEMS PROTECTION BOARD AND JUDICIAL REMEDIES FOR NATIONAL GUARD TECHNICIANS.

(a) Elimination of Restricted Right of Appeal-CommentsClose CommentsPermalink





(1) CURRENT RESTRICTION TO ADJUTANT GENERAL- Subsection (f) of section 709 of title 32, United States Code, is amended by striking paragraph (4).CommentsClose CommentsPermalink





(2) STYLISTIC AND CONFORMING AMENDMENTS- Such subsection is further amended--CommentsClose CommentsPermalink





(A) by striking the material preceding paragraph (1);CommentsClose CommentsPermalink





(B) by capitalizing the first word in paragraphs (1), (2), (3), and (5);CommentsClose CommentsPermalink





(C) by striking the semicolon at the end of paragraphs (1), (2), and (3) and inserting a period;CommentsClose CommentsPermalink





(D) by redesignating paragraph (5) as paragraph (4); andCommentsClose CommentsPermalink





(E) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) This subsection shall be carried out under regulations prescribed by the Secretary concerned.’.CommentsClose CommentsPermalink





(b) Application of Certain Title 5 Provisions- Section 709(g) of title 32, United States Code, is amended by striking ‘Sections 2108, 3502, 7511, and 7512’ and inserting ‘Section 2108’.CommentsClose CommentsPermalink





(c) Application of Adverse Actions Subchapter- Section 7511(b) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (5); andCommentsClose CommentsPermalink





(2) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively.CommentsClose CommentsPermalink

Subtitle C--Joint Qualified Officers and RequirementsCommentsClose CommentsPermalink

SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT MATTERS FOR PURPOSES OF JOINT OFFICER MANAGEMENT.

Section 668(a) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘multiple’ in the matter preceding subparagraph (A) and inserting ‘integrated’; andCommentsClose CommentsPermalink





(B) by striking ‘and’ at the end of the subparagraph (D) and inserting ‘or’; andCommentsClose CommentsPermalink





(2) by striking paragraph (2) and inserting the following new paragraph:CommentsClose CommentsPermalink





‘(2) In the context of joint matters, the term ‘integrated military forces’ refers to military forces that are involved in the planning or execution (or both) of operations involving participants from--CommentsClose CommentsPermalink





‘(A) more than one military department; orCommentsClose CommentsPermalink





‘(B) a military department and one or more of the following:CommentsClose CommentsPermalink





‘(i) Other departments and agencies of the United States.CommentsClose CommentsPermalink





‘(ii) The military forces or agencies of other countries.CommentsClose CommentsPermalink





‘(iii) Non-governmental persons or entities.’.CommentsClose CommentsPermalink

SEC. 522. CHANGES TO PROCESS INVOLVING PROMOTION BOARDS FOR JOINT QUALIFIED OFFICERS AND OFFICERS WITH JOINT STAFF EXPERIENCE.

(a) Board Composition- Subsection (c) of section 612 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(c)(1) Each selection board convened under section 611(a) of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer.CommentsClose CommentsPermalink





‘(2) Paragraph (1) applies with respect to an officer who--CommentsClose CommentsPermalink





‘(A) is serving in, or has served in, a joint duty assignment;CommentsClose CommentsPermalink





‘(B) is serving on, or has served on, the Joint Staff; orCommentsClose CommentsPermalink





‘(C) is a joint qualified officer.CommentsClose CommentsPermalink





‘(3) The Secretary of Defense may waive the requirement in paragraph (1) in the case of--CommentsClose CommentsPermalink





‘(A) any selection board of the Marine Corps; orCommentsClose CommentsPermalink





‘(B) any selection board that is considering officers in specialties identified in paragraph (2) or (3) of section 619a(b) of this title.’.CommentsClose CommentsPermalink





(b) Information Furnished to Selection Boards- Section 615 of such title is amended by striking ‘in joint duty assignments of officers who are serving, or have served, in such assignments’ in subsections (b)(5) and (c) and inserting ‘of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers’.CommentsClose CommentsPermalink





(c) Action on Report of Selection Boards- Section 618(b) of such title is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘are serving, or have served, in joint duty assignments’ and inserting ‘are serving on, or have served on, the Joint Staff or are joint qualified officers’;CommentsClose CommentsPermalink





(2) in subparagraphs (A) and (B) of paragraph (2), by striking ‘in joint duty assignments of officers who are serving, or have served, in such assignments’ and inserting ‘of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers’; andCommentsClose CommentsPermalink





(3) in paragraph (4), by striking ‘in joint duty assignments’ and inserting ‘who are serving on, or have served on, the Joint Staff or are joint qualified officers’.CommentsClose CommentsPermalink

SEC. 523. SECURE ELECTRONIC DELIVERY OF CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM 214).

Section 596 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(a) Election to Forward Certificate to VA Offices--’ before ‘The Secretary of Defense’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(b) Secure Method of Electronic Delivery-CommentsClose CommentsPermalink





‘(1) DEVELOPMENT AND IMPLEMENTATION- The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall develop and implement a secure electronic method of forwarding the DD Form 214 to the appropriate office specified in subsection (a)(2). The Secretary of Veterans Affairs shall ensure that the method permits such offices to access the forms electronically using current computer operating systems.CommentsClose CommentsPermalink





‘(2) AUTHORITY TO CEASE DELIVERY- In developing the secure electronic method of forwarding DD Forms 214, the Secretary of Veterans Affairs shall ensure that the information provided is not disclosed or used for unauthorized purposes and may cease forwarding the forms electronically to an office specified in subsection (a)(2) if demonstrated problems arise.’.CommentsClose CommentsPermalink

Subtitle D--General Service AuthoritiesCommentsClose CommentsPermalink

SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS OF THE ARMED FORCES TO ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS.

(a) Extension of Authority- Section 688a(f) of title 10, United States Code, is amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2012’.CommentsClose CommentsPermalink





(b) Report Required- Not later than April 1, 2011, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing an assessment by the Secretary of the need to extend the authority provided by section 688a of title 10, United States Code, beyond December 31, 2012. The report shall include, at a minimum, the following:CommentsClose CommentsPermalink





(1) A list of the current types of high-demand, low-density capabilities (as defined in such section) for which the authority is being used to address operational requirements.CommentsClose CommentsPermalink





(2) For each high-demand, low-density capability included in the list under paragraph (1), the number of retired members of the Armed Forces who have served on active duty at any time during each of fiscal years 2007 through 2010 under the authority.CommentsClose CommentsPermalink





(3) A plan to increase the required active duty strength for the high-demand, low-density capabilities included in the list under paragraph (1) to eliminate the need to use the authority.CommentsClose CommentsPermalink

SEC. 532. CORRECTION OF MILITARY RECORDS.

(a) Improved Documentation of Correction Board Decisions- Section 1552(a)(3) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(A)’ after ‘(3)’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(B) In establishing correction procedures under subparagraph (A), the Secretary of a military department shall require that a board established under subsection (a)(1) present its findings and conclusions in an orderly and itemized fashion, with specific attention given to each issue presented by the claimant (or heir or representative) who requested the correction. This requirement applies to a request for correction received after the date of the enactment of this subparagraph, both during initial consideration of the request and upon subsequent consideration due to appeal or other circumstances.’.CommentsClose CommentsPermalink





(b) Improved Documentation of Review Board Decisions Regarding Discharge or Dismissal- Section 1553(b) of such title is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(1)’ after ‘(b)’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) In establishing review procedures for use by a board established under this section, the Secretary of a military department shall require that the board present its findings and conclusions in an orderly and itemized fashion, with specific attention given to each issue presented by the person who requested the review. This requirement applies to a request for review received after the date of the enactment of this paragraph, both during initial consideration of the request and upon subsequent consideration due to appeal or other circumstances.’.CommentsClose CommentsPermalink





(c) Boards Reviewing Retirement or Separation Without Pay for Physical Disability-CommentsClose CommentsPermalink





(1) MEMBERS ELIGIBLE TO REQUEST REVIEW- Subsection (a) of section 1554 of such title is amended--CommentsClose CommentsPermalink





(A) by striking ‘an officer’ and inserting ‘a member or former member of the uniformed services’; andCommentsClose CommentsPermalink





(B) by striking ‘his case’ and inserting ‘the member’s case’.CommentsClose CommentsPermalink





(2) IMPROVED DOCUMENTATION OF BOARD DECISIONS- Subsection (b) of such section is amended--CommentsClose CommentsPermalink





(A) by inserting ‘(1)’ after ‘(b)’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) In establishing review procedures for use by a board established under this section, the Secretary of a military department shall require that the board present its findings and conclusions in an orderly and itemized fashion, with specific attention given to each issue presented by the person who requested the review. This requirement applies to a request for review received after the date of the enactment of this paragraph, both during initial consideration of the request and upon subsequent consideration due to appeal or other circumstances.’.CommentsClose CommentsPermalink





(d) Limitation on Reduction in Personnel Assigned to Duty With Service Review Agency- 1559(a) of such title is amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2013’.CommentsClose CommentsPermalink

SEC. 533. MODIFICATION OF CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM 214) TO SPECIFICALLY IDENTIFY A SPACE FOR INCLUSION OF E-MAIL ADDRESS.

The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) to include a new Block, 19c., titled ‘electronic mailing (e-mail) address after separation’ in order to permit a member of the Armed Forces to include an email address at which the member may be reached after the member’s discharge or release.CommentsClose CommentsPermalink

SEC. 534. RECOGNITION OF ROLE OF FEMALE MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE REVIEW OF MILITARY OCCUPATIONAL SPECIALTIES AVAILABLE TO FEMALE MEMBERS.

(a) Findings- Congress make the following findings:CommentsClose CommentsPermalink





(1) Women are and have historically been an import part of all United States war efforts, voluntarily serving in every military conflict in United States history, including the Revolutionary War.CommentsClose CommentsPermalink





(2) Approximately 34,000 women served in the Armed Forces in World War I, approximately 400,000 served in World War II, approximately 120,000 served in the Korean War, over 7,000 served in the Vietnam War, and more than 41,000 served in the first Gulf War.CommentsClose CommentsPermalink





(3) Over 350,000 women serving in the Armed Forces make up approximate 15 percent of all active duty personnel, 15 percent of Reserves, and 17 percent of the National Guard.CommentsClose CommentsPermalink





(4) Over 225,349 women have served in Operation Iraqi Freedom or Operation Enduring Freedom as members of the Armed Forces.CommentsClose CommentsPermalink





(5) At least 120 female members of the Armed Forces have been killed in Iraq or Afghanistan, and, of the women killed, 66 were killed in combat.CommentsClose CommentsPermalink





(6) The nature of war has changed in Iraq and Afghanistan, and, despite the prohibition on female members of the Armed Forces serving in combat, so has the role of female members of the Armed Forces.CommentsClose CommentsPermalink





(b) Official Recognition- Congress--CommentsClose CommentsPermalink





(1) honors women who have served, and women who are currently serving, as members of the Armed Forces; andCommentsClose CommentsPermalink





(2) encourages all people in the United States to recognize the service and achievements of female members of the Armed Forces and female veterans.CommentsClose CommentsPermalink





(c) Reviews Required-CommentsClose CommentsPermalink





(1) REVIEWS; ELEMENTS- The Secretary of Defense shall conduct a review of military occupational positions available to female members of the Armed Forces for the purpose of ensuring that female members have the maximum opportunity to compete and excel in the Armed Forces. The Secretary of Defense, in coordination with the Secretaries of the military departments, also shall review the collocation policy and other policies and regulations that restrict the service of female members to determine whether changes are needed, including legislative change, if necessary, to enhance the ability of women to serve in the Armed Forces.CommentsClose CommentsPermalink





(2) SUBMISSION OF RESULTS- Not later than February 1, 2011, the Secretary of Defense shall submit to the congressional defense committee a report containing the results of the reviews.CommentsClose CommentsPermalink

SEC. 535. MATTERS COVERED BY PRESEPARATION COUNSELING FOR MEMBERS OF THE ARMED FORCES AND THEIR SPOUSES.

Section 1142(b) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (5), by striking ‘job placement counseling for the spouse’ and inserting ‘inclusion of the spouse when counseling regarding the matters covered by paragraphs (9), (10), and (16) is provided, job placement counseling for the spouse, and the provision of information on survivor benefits available under the laws administered by the Secretary of Defense or the Secretary of Veterans Affairs’;CommentsClose CommentsPermalink





(2) in paragraph (9), by inserting before the period the following: ‘, including information on budgeting, saving, credit, loans, and taxes’;CommentsClose CommentsPermalink





(3) in paragraph (10), by striking ‘and employment’ and inserting ‘, employment, and financial’;CommentsClose CommentsPermalink





(4) by striking paragraph (16) and inserting the following new paragraph:CommentsClose CommentsPermalink





‘(16) Information on home loan services and housing assistance benefits available under the laws administered by the Secretary of Veterans Affairs and counseling on responsible borrowing practices.’; andCommentsClose CommentsPermalink





(5) in paragraph (17), by inserting before the period the following: ‘, and information regarding the means by which the member can receive additional counseling regarding the member’s actual entitlement to such benefits and apply for such benefits’.CommentsClose CommentsPermalink

SEC. 536. DEPARTMENT OF DEFENSE POLICY CONCERNING HOMOSEXUALITY IN THE ARMED FORCES.

(a) Comprehensive Review on the Implementation of a Repeal of 10 U.S.C. 654-CommentsClose CommentsPermalink





(1) IN GENERAL- On March 2, 2010, the Secretary of Defense issued a memorandum directing the Comprehensive Review on the Implementation of a Repeal of 10 U.S.C. 654 (section 654 of title 10, United States Code).CommentsClose CommentsPermalink





(2) OBJECTIVES AND SCOPE OF REVIEW- The Terms of Reference accompanying the Secretary’s memorandum established the following objectives and scope of the ordered review:CommentsClose CommentsPermalink





(A) Determine any impacts to military readiness, military effectiveness and unit cohesion, recruiting/retention, and family readiness that may result from repeal of the law and recommend any actions that should be taken in light of such impacts.CommentsClose CommentsPermalink





(B) Determine leadership, guidance, and training on standards of conduct and new policies.CommentsClose CommentsPermalink





(C) Determine appropriate changes to existing policies and regulations, including but not limited to issues regarding personnel management, leadership and training, facilities, investigations, and benefits.CommentsClose CommentsPermalink





(D) Recommend appropriate changes (if any) to the Uniform Code of Military Justice.CommentsClose CommentsPermalink





(E) Monitor and evaluate existing legislative proposals to repeal 10 U.S.C. 654 and proposals that may be introduced in the Congress during the period of the review.CommentsClose CommentsPermalink





(F) Assure appropriate ways to monitor the workforce climate and military effectiveness that support successful follow-through on implementation.CommentsClose CommentsPermalink





(G) Evaluate the issues raised in ongoing litigation involving 10 U.S.C. 654.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (f) shall take effect 60 days after the date on which the last of the following occurs:CommentsClose CommentsPermalink





(1) The Secretary of Defense has received the report required by the memorandum of the Secretary referred to in subsection (a).CommentsClose CommentsPermalink





(2) The President transmits to the congressional defense committees a written certification, signed by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, stating each of the following:CommentsClose CommentsPermalink





(A) That the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff have considered the recommendations contained in the report and the report’s proposed plan of action.CommentsClose CommentsPermalink





(B) That the Department of Defense has prepared the necessary policies and regulations to exercise the discretion provided by the amendments made by subsection (f).CommentsClose CommentsPermalink





(C) That the implementation of necessary policies and regulations pursuant to the discretion provided by the amendments made by subsection (f) is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.CommentsClose CommentsPermalink





(c) No Immediate Effect on Current Policy- Section 654 of title 10, United States Code, shall remain in effect until such time that all of the requirements and certifications required by subsection (b) are met. If these requirements and certifications are not met, section 654 of title 10, United States Code, shall remain in effect.CommentsClose CommentsPermalink





(d) Benefits- Nothing in this section, or the amendments made by this section, shall be construed to require the furnishing of benefits in violation of section 7 of title 1, United States Code (relating to the definitions of ‘marriage’ and ‘spouse’ and referred to as the ‘Defense of Marriage Act’).CommentsClose CommentsPermalink





(e) No Private Cause of Action- Nothing in this section, or the amendments made by this section, shall be construed to create a private cause of action.CommentsClose CommentsPermalink





(f) Treatment of 1993 Policy-CommentsClose CommentsPermalink





(1) TITLE 10- Upon the effective date established by subsection (b), chapter 37 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(A) by striking section 654; andCommentsClose CommentsPermalink





(B) in the table of sections at the beginning of such chapter, by striking the item relating to section 654.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Upon the effective date established by subsection (b), section 571 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 note) is amended by striking subsections (b), (c), and (d).CommentsClose CommentsPermalink

Subtitle E--Military Justice and Legal MattersCommentsClose CommentsPermalink

SEC. 541. CONTINUATION OF WARRANT OFFICERS ON ACTIVE DUTY TO COMPLETE DISCIPLINARY ACTION.

Section 580 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(f) A warrant officer subject to discharge or retirement under this section, but against whom any action has been commenced with a view to trying the officer by court-martial, may be continued on active duty, without prejudice to such action, until the completion of such action.’.CommentsClose CommentsPermalink

SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN MILITARY JUSTICE PROCEEDINGS.

(a) In General- Section 848 of title 10, United States Code (article 48 of the Uniform Code of Military Justice), is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 848. Art. 48. Contempts

‘(a) Authority to Punish Contempt- A military judge detailed to a court-martial, a court of inquiry, the Court of Appeals for the Armed Forces, a Court of Criminal Appeals, a provost court, or a military commission (other than a military commission established under chapter 47A of this title) may punish for contempt any person who--CommentsClose CommentsPermalink





‘(1) uses any menacing word, sign, or gesture in the presence of the military judge during the proceedings of the court-martial, court, or military commission;CommentsClose CommentsPermalink





‘(2) disturbs the proceedings of the court-martial, court, or military commission by any riot or disorder; orCommentsClose CommentsPermalink





‘(3) willfully disobeys its lawful writ, process, order, rule, decree, or command.CommentsClose CommentsPermalink





‘(b) Punishment- A person punished for contempt under this section may be confined for not more than 30 days, fined in an amount of not more than $1,000, or both.’.CommentsClose CommentsPermalink





(b) Effective Date- Section 848 of title 10, United States Code (article 48 of the Uniform Code of Military Justice), as amended by subsection (a), shall apply with respect to acts of contempt committed after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 543. LIMITATIONS ON USE IN PERSONNEL ACTION OF INFORMATION CONTAINED IN CRIMINAL INVESTIGATIVE REPORT OR IN INDEX MAINTAINED FOR LAW ENFORCEMENT RETRIEVAL AND ANALYSIS.

(a) Limitations- Chapter 53 of title 10, United States Code, is amended by inserting after section 1034 the following new section:CommentsClose CommentsPermalink

‘Sec. 1034a. Criminal investigative report or index maintained for law enforcement retrieval and analysis: limitations on use in personnel actions

‘(a) Prohibition on Use in Personnel Actions- Except as provided in subsection (b), information relating to the titling or indexing of a member of the armed forces contained in any criminal investigative report prepared by any entity of the Department of Defense or index maintained by any entity of the Department of Defense for the purpose of potential retrieval and analysis by Department law enforcement organizations may not be used in connection with any personnel action involving the member.CommentsClose CommentsPermalink





‘(b) Authorized Exceptions- The prohibition in subsection (a) does not preclude the use of information relating to the titling or indexing of a member--CommentsClose CommentsPermalink





‘(1) in connection with law enforcement activities;CommentsClose CommentsPermalink





‘(2) in a judicial or administrative action involving the member regarding the alleged offense referenced in the criminal investigative report or index; orCommentsClose CommentsPermalink





‘(3) in a personnel action if--CommentsClose CommentsPermalink





‘(A) the member has been adjudged guilty of the alleged offense referenced in the criminal investigative report or index by military non-judicial or judicial proceedings or by civilian judicial proceedings;CommentsClose CommentsPermalink





‘(B) a record of the proceedings is presented in connection with the personnel action; andCommentsClose CommentsPermalink





‘(C) the member is provided the opportunity to present additional information in response to the record of the proceedings.CommentsClose CommentsPermalink





‘(c) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) INDEXING- The term ‘indexing’ refers to the procedure whereby a Department of Defense criminal investigative agency submits identifying information concerning subjects, victims, or incidentals of investigations for addition to the Defense Clearance and Investigations Index.CommentsClose CommentsPermalink





‘(2) TITLING- The term ‘titling’ refers to the process by which a Department of Defense criminal investigative agency places the name of a person in the title block of a criminal investigative report at a time when the agency has credible information that the person committed a criminal offense. The titling, however, does not connote any degree of guilt or innocence.CommentsClose CommentsPermalink





‘(3) PERSONNEL ACTION- The term ‘personnel action’, with respect to a member, means any recommendation, action, or decision impacting or affecting any aspect of the military service of the member.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1034 the following new item:CommentsClose CommentsPermalink





‘1034a. Criminal investigative report or index maintained for law enforcement retrieval and analysis: limitations on use in personnel actions.’.CommentsClose CommentsPermalink

SEC. 544. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.

(a) Child Custody Protection- Title II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 208. CHILD CUSTODY PROTECTION.

‘(a) Restriction on Change of Custody- If a motion for change of custody of a child of a servicemember is filed while the servicemember is deployed in support of a contingency operation, no court may enter an order modifying or amending any previous judgment or order, or issue a new order, that changes the custody arrangement for that child that existed as of the date of the deployment of the servicemember, except that a court may enter a temporary custody order if the court finds that it is in the best interest of the child.CommentsClose CommentsPermalink





‘(b) Completion of Deployment- In any preceding covered under subsection (a), a court shall require that, upon the return of the servicemember from deployment in support of a contingency operation, the custody order that was in effect immediately preceding the date of the deployment of the servicemember is reinstated, unless the court finds that such a reinstatement is not in the best interest of the child, except that any such finding shall be subject to subsection (c).CommentsClose CommentsPermalink





‘(c) Exclusion of Military Service From Determination of Child’s Best Interest- If a motion for the change of custody of the child of a servicemember is filed, no court may consider the absence of the servicemember by reason of deployment, or possibility of deployment, in determining the best interest of the child.CommentsClose CommentsPermalink





‘(d) No Federal Right of Action- Nothing in this section shall create a Federal right of action.CommentsClose CommentsPermalink





‘(e) Preemption- In any case where State or Federal law applicable to a child custody proceeding under State or Federal law provides a higher standard of protection to the rights of the parent who is a servicemember than the rights provided under this section, the State or Federal court shall apply the State or Federal standard.CommentsClose CommentsPermalink





‘(f) Contingency Operation Defined- In this section, the term ‘contingency operation’ has the meaning given that term in section 101(a)(13) of title 10, United States Code, except that the term may include such other deployments as the Secretary may prescribe.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title II the following new item:CommentsClose CommentsPermalink





‘208. Child custody protection.’.CommentsClose CommentsPermalink

SEC. 545. IMPROVEMENTS TO DEPARTMENT OF DEFENSE DOMESTIC VIOLENCE PROGRAMS.

(a) Immediate Actions Required-CommentsClose CommentsPermalink





(1) ENTRY OF DATA INTO LAW ENFORCEMENT SYSTEMS- The Secretary of Defense shall ensure that all command actions related to domestic violence incidents involving members of the Army, Navy, Air Force, or Marine Corps are entered into all Department of Defense law enforcement systems.CommentsClose CommentsPermalink





(2) ISSUANCE OF FAMILY ADVOCACY PROGRAM GUIDANCE- The Secretary of Defense shall issue Department of Defense Family Advocacy Program guidance.CommentsClose CommentsPermalink





(b) Implementation of Outstanding Comptroller General Recommendations- Consistent with the recommendations contained in the report of the Comptroller General of the United States titled ‘Status of Implementation of GAO’s 2006 Recommendations on the Department of Defense’s Domestic Violence Program’ (GAO-10-577R), the Secretary of Defense shall complete, not later than 1 year after the date of enactment of this Act, implementation of actions to address the following recommendations:CommentsClose CommentsPermalink





(1) DEFENSE INCIDENT-BASED REPORTING SYSTEM- The Secretary of Defense shall develop a comprehensive management plan to address deficiencies in the data captured in the Defense Incident-Based Reporting System to ensure the system can provide an accurate count of the domestic violence incidents that are reported throughout the Department of Defense.CommentsClose CommentsPermalink





(2) ADEQUATE PERSONNEL- The Secretary of Defense shall develop a plan to ensure that adequate personnel are available to implement recommendations made by the Defense Task Force on Domestic Violence.CommentsClose CommentsPermalink





(3) DOMESTIC VIOLENCE TRAINING DATA FOR CHAPLAINS- The Secretary of Defense shall develop a plan to collect domestic violence training data for chaplains.CommentsClose CommentsPermalink





(4) OVERSIGHT FRAMEWORK- The Secretary of Defense shall develop an oversight framework for Department of Defense domestic violence programs, to include oversight of implementation of recommendations made by the Defense Task Force on Domestic Violence, budgeting, and policy compliance.CommentsClose CommentsPermalink





(c) Report- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the planned actions required under subsections (a) and (b).CommentsClose CommentsPermalink

SEC. 546. PUBLIC RELEASE OF RESTRICTED ANNEX OF DEPARTMENT OF DEFENSE REPORT OF THE INDEPENDENT REVIEW RELATED TO FORT HOOD PERTAINING TO OVERSIGHT OF THE ALLEGED PERPETRATOR OF THE ATTACK.

(a) Release Required- Not later than 10 days after the date of the enactment of this Act, the Secretary of Defense shall release publicly the restricted annex, described in subsection (b), that was part of the January 2010 Department of Defense Report of the Independent Review Related to Fort Hood and the attack there on November 5, 2009.CommentsClose CommentsPermalink





(b) Material Subject to Release; Exception- The restricted annex referred to in subsection (a) is the document described on page 9 of the January 2010 Department of Defense Report of the Independent Review Related to Fort Hood, which provided the detailed findings, recommendations, and complete supporting discussions of the Independent Review pertaining to the oversight of the alleged perpetrator of the November 2009 attack. No part of the restricted annex shall be exempted from public release, except--CommentsClose CommentsPermalink





(1) materials that the Secretary of Defense determines may imperil, if disclosed, any criminal investigation or prosecution related to the attack; andCommentsClose CommentsPermalink





(2) in accordance with section 1102 of title 10, United States Code, the memorandum summarizing the results of the medical quality assurance records relating to the care provided patients by the alleged perpetrator of the attack.CommentsClose CommentsPermalink

Subtitle F--Member Education and Training Opportunities and AdministrationCommentsClose CommentsPermalink

SEC. 551. REPAYMENT OF EDUCATION LOAN REPAYMENT BENEFITS.

(a) Enlisted Members on Active Duty in Specified Military Specialties- Section 2171 of title 10, United States Code, is amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(g) Except a person described in subsection (e) who transfers to service making the person eligible for repayment of loans under section 16301 of this title, a member of the armed forces who fails to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions of section 303a(e) of title 37.CommentsClose CommentsPermalink





‘(h) The Secretary of Defense may prescribe, by regulations, procedures for implementing this section, including standards for qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include exceptions that would allow for the payment as a lump sum of any loan repayment due to a member under a written agreement that existed at the time of a member’s death or disability.’.CommentsClose CommentsPermalink





(b) Members of Selected Reserve- Section 16301 of such title is amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(h) Except a person described in subsection (e) who transfers to service making the person eligible for repayment of loans under section 2171 of this title, a member of the armed forces who fails to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions of section 303a(e) of title 37.CommentsClose CommentsPermalink





‘(i) The Secretary of Defense may prescribe, by regulations, procedures for implementing this section, including standards for qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include exceptions that would allow for the payment as a lump sum of any loan repayment due to a member under a written agreement that existed at the time of a member’s death or disability.’.CommentsClose CommentsPermalink

SEC. 552. ACTIVE DUTY OBLIGATION FOR GRADUATES OF THE MILITARY SERVICE ACADEMIES PARTICIPATING IN THE ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.

(a) United States Military Academy Graduates- Section 4348(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in the program.’.CommentsClose CommentsPermalink





(b) United States Naval Academy Graduates- Section 6959(a) of such title is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) That if an appointment described in paragraph (2) or (3) is tendered and the midshipman participates in the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of this title, the midshipman will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in the program.’.CommentsClose CommentsPermalink





(c) United States Air Force Academy Graduates- Section 9348(a) of such title is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in the program.’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply with respect to appointments to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy beginning with the first class of candidates nominated for appointment to these military service academies after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 553. WAIVER OF MAXIMUM AGE LIMITATION ON ADMISSION TO SERVICE ACADEMIES FOR CERTAIN ENLISTED MEMBERS WHO SERVED DURING OPERATION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM.

(a) Waiver Authority- The Secretary of the military department concerned may waive the maximum age limitation specified in section 4346(a), 6958(a)(1), or 9346(a) of title 10, United States Code, for the admission of a candidate to the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, if the candidate, otherwise satisfies the eligibility requirements for admission to that academy, and--CommentsClose CommentsPermalink





(1) is an enlisted member of the Armed Forces and, as a result of service on active duty in a theater of operations for Operation Iraqi Freedom or Operation Enduring Freedom, was or is prevented from being admitted to that academy before the member reached the maximum age specified in such sections; orCommentsClose CommentsPermalink





(2) possesses an exceptional overall record that the Secretary concerned determines sets the candidate apart from all other candidates.CommentsClose CommentsPermalink





(b) Limitation of Waiver-CommentsClose CommentsPermalink





(1) MAXIMUM AGE- A waiver may not be granted under subsection (a) to a member of the Armed Forces described in such subsection if the member would pass the member’s twenty-sixth birthday by July 1 of the year in which the member would enter the military service academy.CommentsClose CommentsPermalink





(2) MAXIMUM NUMBER- No more than five members of the Armed Forces may attend each of the military service academies at any one time pursuant to a waiver granted under subsection (a)(2).CommentsClose CommentsPermalink





(c) Duration of Waiver Authority- The authority to grant a waiver under subsection (a) expires on September 30, 2015.CommentsClose CommentsPermalink

SEC. 554. REPORT OF FEASIBILITY AND COST OF EXPANDING ENROLLMENT AUTHORITY OF COMMUNITY COLLEGE OF THE AIR FORCE TO INCLUDE ADDITIONAL MEMBERS OF THE ARMED FORCES.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report, prepared in consultation with the Secretary of the Air Force, evaluating the feasibility and cost of authorizing enlisted members of the Army, Navy, Marine Corps and Coast Guard to enroll in Community College of the Air Force programs offered under section 9315 of title 10, United States Code.CommentsClose CommentsPermalink

Subtitle G--Defense Dependents’ EducationCommentsClose CommentsPermalink

SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) Assistance to Schools With Significant Numbers of Military Dependent Students- Of the amount authorized to be appropriated for fiscal year 2011 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).CommentsClose CommentsPermalink





(b) Assistance to Schools With Enrollment Changes Due to Base Closures, Force Structure Changes, or Force Relocations- Of the amount authorized to be appropriated for fiscal year 2011 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $15,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572.CommentsClose CommentsPermalink





(c) Local Educational Agency Defined- In this section, the term ‘local educational agency’ has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).CommentsClose CommentsPermalink

SEC. 562. ENROLLMENT OF DEPENDENTS OF MEMBERS OF THE ARMED FORCES WHO RESIDE IN TEMPORARY HOUSING IN DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.

Section 2164(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3)(A) The Secretary may, at the discretion of the Secretary, permit dependents of members of the armed forces described in subparagraph (B) to enroll in an educational program provided by the Secretary pursuant to this subsection without regard to the requirement in paragraph (1) with respect to residence on a military installation.CommentsClose CommentsPermalink





‘(B) Subparagraph (A) applies only if--CommentsClose CommentsPermalink





‘(i) the dependents reside in temporary housing (regardless of whether the temporary housing is on Federal property) in lieu of permanent living quarters on a military installation; andCommentsClose CommentsPermalink





‘(ii) the Secretary determines that the circumstances of such living arrangements justify extending the enrollment authority to include such dependents.CommentsClose CommentsPermalink





‘(C) The Secretary shall prescribe regulations to ensure consistent application of this paragraph.’.CommentsClose CommentsPermalink

Subtitle H--Decorations, Awards, and CommemorationsCommentsClose CommentsPermalink

SEC. 571. NOTIFICATION REQUIREMENT FOR DETERMINATION MADE IN RESPONSE TO REVIEW OF PROPOSAL FOR AWARD OF A MEDAL OF HONOR NOT PREVIOUSLY SUBMITTED IN TIMELY FASHION.

Section 1130(b) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(1)’ after ‘(b)’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) If a determination under this section includes a favorable recommendation for the award of the Medal of Honor, submission of the detailed discussion of the rationale supporting the determination shall be made through the Secretary of Defense.’.CommentsClose CommentsPermalink

SEC. 572. DEPARTMENT OF DEFENSE RECOGNITION OF SPOUSES OF MEMBERS OF THE ARMED FORCES.

(a) Establishment and Presentation of Lapel Buttons- Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section:CommentsClose CommentsPermalink

‘Sec. 1126a. Spouse of combat veteran lapel button: eligibility and presentation

‘(a) Design and Eligibility- A lapel button, to be known as the spouse-of-a-combat-veteran lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize the spouse of a member of the armed forces who is serving or has served in a combat zone for a period of more than 30 days.CommentsClose CommentsPermalink





‘(b) Presentation- The Secretary concerned may authorize the use of appropriated funds to procure spouse-of-a-combat-veteran lapel buttons and to provide for their presentation to eligible spouses of members.CommentsClose CommentsPermalink





‘(c) Exception to Time Period Requirement- The 30-day periods specified in subsections (a) and (b) do not apply if the member is killed or wounded in the combat zone before the expiration the period.CommentsClose CommentsPermalink





‘(d) License To Manufacture and Sell Lapel Buttons- Section 901(c) of title 36 shall apply with respect to the spouse-of-a-combat-veteran lapel button authorized by this section.CommentsClose CommentsPermalink





‘(e) Combat Zone Defined- In this section, the term ‘combat zone’ has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





‘(f) Regulations- The Secretary of Defense shall issue such regulations as may be necessary to carry out this section. The Secretary shall ensure that the regulations are uniform for each armed force to the extent practicable.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1126 the following new item:CommentsClose CommentsPermalink





‘1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation.’.CommentsClose CommentsPermalink





(c) Implementation- It is the sense of Congress that, as soon as practicable once the spouse-of-a-combat-veteran lapel button become available, the Secretary of Defense--CommentsClose CommentsPermalink





(1) should widely announce the availability of spouse-of-a-combat-veteran lapel buttons through military and public information channels; andCommentsClose CommentsPermalink





(2) should encourage commanders at all levels to conduct ceremonies recognizing the support provided by spouses of members of the Armed Forces and to use the ceremonies as an opportunity for members to present their spouses with a spouse-of-a-combat-veteran lapel button.CommentsClose CommentsPermalink

SEC. 573. DEPARTMENT OF DEFENSE RECOGNITION OF CHILDREN OF MEMBERS OF THE ARMED FORCES.

(a) Establishment and Presentation of Lapel Buttons- Chapter 57 of title 10, United States Code, is amended by inserting after section 1126a, as added by section 572, the following new section:CommentsClose CommentsPermalink

‘Sec. 1126b. Children of members commemorative lapel button: eligibility and presentation

‘(a) Design and Eligibility- A lapel button, to be known as the children of military service members commemorative lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize an eligible child dependent of a member of the armed forces who serves on active duty for a period of more than 30 days.CommentsClose CommentsPermalink





‘(b) Presentation- The Secretary concerned may authorize the use of appropriated funds to procure children of military service members commemorative lapel buttons and to provide for their presentation to eligible child dependents.CommentsClose CommentsPermalink





‘(c) License To Manufacture and Sell Lapel Buttons- Section 901(c) of title 36 shall apply with respect to the children of military service members commemorative lapel button authorized by this section.CommentsClose CommentsPermalink





‘(d) Eligible Child Dependent Defined- In this section, the term ‘eligible child dependent’ means a dependent of a member of the armed forces described in subparagraph (D) or (I) of section 1072(2) of this title.CommentsClose CommentsPermalink





‘(e) Regulations- The Secretary of Defense shall issue such regulations as may be necessary to carry out this section. The Secretary shall ensure that the regulations are uniform for each armed force to the extent practicable.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1126a the following new item:CommentsClose CommentsPermalink





‘1126b. Children of members commemorative lapel button: eligibility and presentation.’.CommentsClose CommentsPermalink





(c) Implementation- It is the sense of Congress that, as soon as practicable once the children of military service members commemorative lapel button become available, the Secretary of Defense--CommentsClose CommentsPermalink





(1) should widely announce the availability of children of military service members commemorative lapel buttons through military and public information channels; andCommentsClose CommentsPermalink





(2) should encourage commanders at all levels to conduct ceremonies recognizing the support provided by children of members of the Armed Forces and to use the ceremonies as an opportunity for members to present their children with a children of military service members commemorative lapel button.CommentsClose CommentsPermalink

SEC. 574. CLARIFICATION OF PERSONS ELIGIBLE FOR AWARD OF BRONZE STAR MEDAL.

(a) Limitation on Eligible Persons- Section 1133 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 1133. Bronze Star: limitation on persons eligible to receive

‘The decoration known as the ‘Bronze Star’ may only be awarded to a member of a military force who--CommentsClose CommentsPermalink





‘(1) at the time of the events for which the decoration is to be awarded, was serving in a geographic area in which special pay is authorized under section 310 or paragraph (1) or (3) of section 351(a) of title 37; orCommentsClose CommentsPermalink





‘(2) receives special pay under section 310 or paragraph (1) or (3) of section 351(a) of title 37 as a result of those events.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 57 of such title is amended by striking the item relating to section 1133 and inserting the following new item:CommentsClose CommentsPermalink





‘1133. Bronze Star: limitation on persons eligible to receive.’.CommentsClose CommentsPermalink





(c) Application of Amendment- The amendment made by subsection (a) applies to the award of the Bronze Star after October 30, 2000.CommentsClose CommentsPermalink

SEC. 575. AWARD OF VIETNAM SERVICE MEDAL TO VETERANS WHO PARTICIPATED IN MAYAGUEZ RESCUE OPERATION.

(a) In General- The Secretary of the military department concerned shall, upon the application of an individual who is an eligible veteran, award that individual the Vietnam Service Medal, notwithstanding any otherwise applicable requirements for the award of that medal. Any such award shall be made in lieu of any Armed Forces Expeditionary Medal awarded the individual for the individual’s participation in the Mayaguez rescue operation.CommentsClose CommentsPermalink





(b) Eligible Veteran- For purposes of this section, the term ‘eligible veteran’ means a member or former member of the Armed Forces who was awarded the Armed Forces Expeditionary Medal for participation in military operations known as the Mayaguez rescue operation of May 12-15, 1975.CommentsClose CommentsPermalink

SEC. 576. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO CERTAIN MEMBERS OF THE ARMY FOR ACTS OF VALOR DURING THE CIVIL WAR, KOREAN WAR, OR VIETNAM WAR.

(a) Authorization- Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor under section 3741 of such title to the following former members of the Army for conspicuous acts of gallantry and intrepidity at the risk of their life and beyond the call of duty, as described in subsection (b):CommentsClose CommentsPermalink





(1) First Lieutenant Alonzo H. Cushing, Civil War.CommentsClose CommentsPermalink





(2) Private John A. Sipe, Civil War.CommentsClose CommentsPermalink





(3) Chaplain (Captain) Emil J. Kapaun, Korean War.CommentsClose CommentsPermalink





(4) Specialist Four Robert L. Towles, Vietnam War.CommentsClose CommentsPermalink





(b) Acts of Valor Described-CommentsClose CommentsPermalink





(1) FIRST LIEUTENANT ALONZO H. CUSHING- In the case of First Lieutenant Alonzo H. Cushing, the acts of valor referred to in subsection (a) are the actions of then First Lieutenant Alonzo H. Cushing while in command of Battery A, 4th United States Artillery, Army of the Potomac, at Gettysburg, Pennsylvania, on July 3, 1863, during the American Civil War.CommentsClose CommentsPermalink





(2) PRIVATE JOHN A. SIPE- In the case of Private John A. Sipe, the acts of valor referred to in subsection (a) are the actions of then Private John A. Sipe of Company I of the 205th Regiment Pennsylvania Volunteers, part of the 2d Brigade, 3d Division, 9th Corps, Army of the Potomac, on March 25, 1865, during the American Civil War.CommentsClose CommentsPermalink





(3) CHAPLAIN EMIL J. KAPAUN- In the case of Chaplain (Captain) Emil J. Kapaun, the acts of valor referred to in subsection (a) are the actions of Chaplain Emil J. Kapaun of 3d Battalion, 8th Cavalry Regiment, 1st Cavalry Division during the Battle of Unsan on November 1 and 2, 1950, and while a prisoner of war until his death on May 23, 1952, during the Korean War.CommentsClose CommentsPermalink





(4) SPECIALIST FOUR ROBERT L. TOWLES- In the case of Specialist Four Robert L. Towles, the acts of valor referred to in subsection (a) are the actions of then Specialist Four Robert L. Towles of Company D, 2d Battalion, 7th Cavalry, 1st Cavalry Division on November 17, 1965, during the Vietnam War for which he was originally awarded the Bronze Star with ‘V’ Device.CommentsClose CommentsPermalink

SEC. 577. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-SERVICE CROSS TO JAY C. COPLEY FOR ACTS OF VALOR DURING THE VIETNAM WAR.

(a) Authorization- Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army is authorized and requested to award the Distinguished-Service Cross under section 3742 of such title to former Captain Jay C. Copley of the United States Army for the acts of valor during the Vietnam War described in subsection (b).CommentsClose CommentsPermalink





(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of then Captain Jay C. Copley on May 5, 1968, as commander of Company C of the 1st Battalion, 50th Infantry, 173d Airborne Brigade during an engagement with a regimental-size enemy force in Bin Dinh Province, South Vietnam.CommentsClose CommentsPermalink

SEC. 578. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF THE KOREAN WAR.

(a) Commemorative Program Authorized- The Secretary of Defense may establish and conduct a program to commemorate the 60th anniversary of the Korean War (in this section referred to as the ‘commemorative program’). In conducting the commemorative program, the Secretary shall coordinate and support other programs and activities of the Federal Government, State and local governments, and other persons and organizations in commemoration of the Korean War.CommentsClose CommentsPermalink





(b) Schedule- If the Secretary of Defense establishes the commemorative program, the Secretary shall determine the schedule of major events and priority of efforts for the commemorative program to achieve the commemorative objectives specified in subsection (c). The Secretary may establish a committee to assist the Secretary in determining the schedule and conducting the commemorative program.CommentsClose CommentsPermalink





(c) Commemorative Activities and Objectives- The commemorative program may include activities and ceremonies to achieve the following objectives:CommentsClose CommentsPermalink





(1) To thank and honor veterans of the Korean War, including members of the Armed Forces who were held as prisoners of war or listed as missing in action, for their service and sacrifice on behalf of the United States.CommentsClose CommentsPermalink





(2) To thank and honor the families of veterans of the Korean War for their sacrifices and contributions, especially families who lost a loved one in the Korean War.CommentsClose CommentsPermalink





(3) To highlight the service of the Armed Forces during the Korean War and the contributions of Federal agencies and governmental and non-governmental organizations that served with, or in support of, the Armed Forces.CommentsClose CommentsPermalink





(4) To pay tribute to the sacrifices and contributions made on the home front by the people of the United States during the Korean War.CommentsClose CommentsPermalink





(5) To provide the people of the United States with a clear understanding and appreciation of the lessons and history of the Korean War.CommentsClose CommentsPermalink





(6) To highlight the advances in technology, science, and medicine related to military research conducted during the Korean War.CommentsClose CommentsPermalink





(7) To recognize the contributions and sacrifices made by the allies of the United States during the Korean War.CommentsClose CommentsPermalink





(d) Use of The United States of America Korean War Commemoration and Symbols- Subsection (c) of section 1083 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1918), as amended by section 1067 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2134) and section 1052 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 764), shall apply to the commemorative program.CommentsClose CommentsPermalink





(e) Commemorative Fund-CommentsClose CommentsPermalink





(1) ESTABLISHMENT OF NEW ACCOUNT- If the Secretary of Defense establishes the commemorative program, the Secretary the Treasury shall establish in the Treasury of the United States an account to be known as the ‘Department of Defense Korean War Commemoration Fund’ (in this section referred to as the ‘Fund’).CommentsClose CommentsPermalink





(2) ADMINISTRATION AND USE OF FUND- The Fund shall be available to, and administered by, the Secretary of Defense. The Secretary shall use the assets of the Fund only for the purpose of conducting the commemorative program and shall prescribe such regulations regarding the use of the Fund as the Secretary considers to be necessary.CommentsClose CommentsPermalink





(3) DEPOSITS- There shall be deposited into the Fund the following:CommentsClose CommentsPermalink





(A) Amounts appropriated to the Fund.CommentsClose CommentsPermalink





(B) Proceeds derived from the use by the Secretary of Defense of the exclusive rights described in subsection (c) of section 1083 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1918).CommentsClose CommentsPermalink





(C) Donations made in support of the commemorative program by private and corporate donors.CommentsClose CommentsPermalink





(4) AVAILABILITY- Subject to paragraph (5), amounts in the Fund shall remain available until expended.CommentsClose CommentsPermalink





(5) TREATMENT OF UNOBLIGATED FUNDS; TRANSFER- If unobligated amounts remain in the Fund as of September 30, 2013, the Secretary of the Treasury shall transfer the amounts to the Department of Defense Vietnam War Commemorative Fund established pursuant to section 598(e) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 113 note). The transferred amounts shall be merged with, and available for the same purposes as, other amounts in the Department of Defense Vietnam War Commemorative Fund.CommentsClose CommentsPermalink





(f) Acceptance of Voluntary Services-CommentsClose CommentsPermalink





(1) AUTHORITY TO ACCEPT SERVICES- Notwithstanding section 1342 of title 31, United States Code, the Secretary of Defense may accept from any person voluntary services to be provided in furtherance of the commemorative program. The Secretary shall prohibit the solicitation of any voluntary services if the nature or circumstances of such solicitation would compromise the integrity or the appearance of integrity of any program of the Department of Defense or of any individual involved in the program.CommentsClose CommentsPermalink





(2) COMPENSATION FOR WORK-RELATED INJURY- A person providing voluntary services under this subsection shall be considered to be a Federal employee for purposes of chapter 81 of title 5, United States Code, relating to compensation for work-related injuries. The person shall also be considered a special governmental employee for purposes of standards of conduct and sections 202, 203, 205, 207, 208, and 209 of title 18, United States Code. A person who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of voluntary services under this subsection.CommentsClose CommentsPermalink





(3) REIMBURSEMENT OF INCIDENTAL EXPENSES- The Secretary may provide for reimbursement of incidental expenses incurred by a person providing voluntary services under this subsection. The Secretary shall determine which expenses are eligible for reimbursement under this paragraph.CommentsClose CommentsPermalink





(g) Report Required- If the Secretary of Defense conducts the commemorative program, the Inspector General of the Department of Defense shall submit to Congress, not later than 60 days after the end of the commemorative program, a report containing an accounting of--CommentsClose CommentsPermalink





(1) all of the funds deposited into and expended from the Fund;CommentsClose CommentsPermalink





(2) any other funds expended under this section; andCommentsClose CommentsPermalink





(3) any unobligated funds remaining in the Fund as of September 30, 2013, that are transferred to the Department of Defense Vietnam War Commemorative Fund pursuant to subsection (e)(5).CommentsClose CommentsPermalink





(h) Limitation on Expenditures- Using amounts appropriated to the Department of Defense, the Secretary of Defense may not expend more than $5,000,000 to carry out the commemorative program.CommentsClose CommentsPermalink

SEC. 579. ESTABLISHMENT OF COMBAT MEDEVAC BADGE.

(a) Army-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 357 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 3757. Combat Medevac Badge

‘(a) Issuance- The Secretary of the Army shall issue a badge of appropriate design, to be known as the Combat Medevac Badge, to each person who while a member of the Army served in combat on or after June 25, 1950, as a pilot or crew member of a helicopter medical evacuation ambulance and who meets the requirements for the award of that badge.CommentsClose CommentsPermalink





‘(b) Eligibility Requirements- The Secretary of the Army shall prescribe requirements for eligibility for the Combat Medevac Badge.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘3757. Combat Medevac Badge.’.CommentsClose CommentsPermalink





(b) Navy and Marine Corps-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 567 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 6259. Combat Medevac Badge

‘(a) Issuance- The Secretary of the Navy shall issue a badge of appropriate design, to be known as the Combat Medevac Badge, to each person who while a member of the Navy or Marine Corps served in combat on or after June 25, 1950, as a pilot or crew member of a helicopter medical evacuation ambulance and who meets the requirements for the award of that badge.CommentsClose CommentsPermalink





‘(b) Eligibility Requirements- The Secretary of the Navy shall prescribe requirements for eligibility for the Combat Medevac Badge.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘6259. Combat Medevac Badge.’.CommentsClose CommentsPermalink





(c) Air Force-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 857 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 8757. Combat Medevac Badge

‘(a) Issuance- The Secretary of the Air Force shall issue a badge of appropriate design, to be known as the Combat Medevac Badge, to each person who while a member of the Air Force served in combat on or after June 25, 1950, as a pilot or crew member of a helicopter medical evacuation ambulance and who meets the requirements for the award of that badge.CommentsClose CommentsPermalink





‘(b) Eligibility Requirements- The Secretary of the Air Force shall prescribe requirements for eligibility for the Combat Medevac Badge.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘8757. Combat Medevac Badge.’.CommentsClose CommentsPermalink





(d) Award for Service Before Date of Enactment- In the case of persons who, while a member of the Armed Forces, served in combat as a pilot or crew member of a helicopter medical evacuation ambulance during the period beginning on June 25, 1950, and ending on the date of enactment of this Act, the Secretary of the military department concerned shall issue the Combat Medevac Badge--CommentsClose CommentsPermalink





(1) to each such person who is known to the Secretary before the date of enactment of this Act; andCommentsClose CommentsPermalink





(2) to each such person with respect to whom an application for the issuance of the badge is made to the Secretary after such date in such manner, and within such time period, as the Secretary may require.CommentsClose CommentsPermalink

SEC. 580. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.

(a) Authority To Award- The Secretary of the Army may award the Army Combat Action Badge (established by order of the Secretary of the Army through Headquarters, Department of the Army Letter 600-05-1, dated June 3, 2005) to a person who, while a member of the Army, participated in combat during which the person personally engaged, or was personally engaged by, the enemy at any time during the period beginning on December 7, 1941, and ending on September 18, 2001 (the date of the otherwise applicable limitation on retroactivity for the award of such decoration), if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation.CommentsClose CommentsPermalink





(b) Procurement of Badge- The Secretary of the Army may make arrangements with suppliers of the Army Combat Action Badge so that eligible recipients of the Army Combat Action Badge pursuant to subsection (a) may procure the badge directly from suppliers, thereby eliminating or at least substantially reducing administrative costs for the Army to carry out this section.CommentsClose CommentsPermalink

SEC. 580A. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO JEWISH AMERICAN WORLD WAR I VETERANS.

(a) Review Required- The Secretary of the Army and the Secretary of the Navy shall review the service records of each Jewish American World War I veteran described in subsection (b) to determine whether that veteran should be posthumously awarded the Medal of Honor.CommentsClose CommentsPermalink





(b) Covered Jewish American War Veterans- The Jewish American World War I veterans whose service records are to be reviewed under subsection (a) are the following:CommentsClose CommentsPermalink





(1) Any Jewish American World War I veteran who was previously awarded the Distinguished Service Cross, the Navy Cross, or other military decoration for service during World War I.CommentsClose CommentsPermalink





(2) Any other Jewish American World War I veteran whose name is submitted to the Secretary concerned for such purpose by the Jewish War Veterans of the United States of America before the end of the 1-year period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) Consultations- In carrying out the review under subsection (a), the Secretary concerned shall consult with the Jewish War Veterans of the United States of America and with such other veterans service organizations as the Secretary considers appropriate.CommentsClose CommentsPermalink





(d) Recommendation Based on Review- If the Secretary concerned determines, based upon the review under subsection (a) of the service records of any Jewish American World War I veteran, that the award of the Medal of Honor to that veteran is warranted, the Secretary shall submit to the President a recommendation that the President award the Medal of Honor posthumously to that veteran.CommentsClose CommentsPermalink





(e) Authority to Award Medal of Honor- A Medal of Honor may be awarded posthumously to a Jewish American World War I veteran in accordance with a recommendation of the Secretary concerned under subsection (a).CommentsClose CommentsPermalink





(f) Waiver of Time Limitations- An award of the Medal of Honor may be made under subsection (e) without regard to--CommentsClose CommentsPermalink





(1) section 3744, 6248, or 8744 of title 10, United States Code; andCommentsClose CommentsPermalink





(2) any regulation or other administrative restriction on--CommentsClose CommentsPermalink





(A) the time for awarding the Medal of Honor; orCommentsClose CommentsPermalink





(B) the awarding of the Medal of Honor for service for which a Distinguished Service Cross, Navy Cross, or other military decoration has been awarded.CommentsClose CommentsPermalink





(g) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘Jewish American World War I veteran’ means any person who served in the Armed Forces during World War I and identified himself or herself as Jewish on his or her military personnel records.CommentsClose CommentsPermalink





(2) The term ‘Secretary concerned’ means--CommentsClose CommentsPermalink





(A) the Secretary of the Army, in the case of the Army; andCommentsClose CommentsPermalink





(B) the Secretary of the Navy, in the case of the Navy and the Marine Corps.CommentsClose CommentsPermalink





(3) The term ‘World War I’ means the period beginning on April 6, 1917, and ending on November 11, 1918.CommentsClose CommentsPermalink

Subtitle I--Military Family Readiness MattersCommentsClose CommentsPermalink

SEC. 581. APPOINTMENT OF ADDITIONAL MEMBER OF DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL.

(a) Inclusion of Spouse of General or Flag Officer- Subsection (b) of section 1781a of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by redesignating subparagraph (E) as subparagraph (F); andCommentsClose CommentsPermalink





(B) by inserting after subparagraph (D) the following new subparagraph:CommentsClose CommentsPermalink





‘(E) The spouse of a general or flag officer.’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘subparagraphs (C) and (D)’ and inserting ‘subparagraphs (C), (D), and (E)’.CommentsClose CommentsPermalink





(b) Clarification of Appointment Options for Existing Member- Subparagraph (F) of subsection (b)(1) of such section, as redesignated by subsection (a)(1)(A), is amended to read as follows:CommentsClose CommentsPermalink





‘(F) In addition to the representatives appointed under subparagraphs (B) and (C), the senior enlisted advisor, or the spouse of a senior enlisted member, from each of the Army, Navy, Marine Corps, and Air Force.’.CommentsClose CommentsPermalink





(c) Appointment by Secretary of Defense- Subsection (b) of such section is further amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking ‘, who shall be appointed by the Secretary of Defense’;CommentsClose CommentsPermalink





(B) in subparagraph (C), by striking ‘, who shall be appointed by the Secretary of Defense’ both places it appears; andCommentsClose CommentsPermalink





(C) in subparagraph (D), by striking ‘by the Secretary of Defense’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) The Secretary of Defense shall appoint the members of the Council required by subparagraphs (B) through (F) of paragraph (1).’.CommentsClose CommentsPermalink

SEC. 582. DIRECTOR OF THE OFFICE OF COMMUNITY SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS.

Subsection (c) of section 1781c of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(c) Director- (1) The head of the Office shall be the Director of the Office of Community Support for Military Families With Special Needs, who shall be a member of the Senior Executive Service or a general officer or flag officer.CommentsClose CommentsPermalink





‘(2) In the discharge of the responsibilities of the Office, the Director shall be subject to the supervision, direction, and control of the Under Secretary of Defense for Personnel and Readiness.’.CommentsClose CommentsPermalink

SEC. 583. PILOT PROGRAM OF PERSONALIZED CAREER DEVELOPMENT COUNSELING FOR MILITARY SPOUSES.

(a) Pilot Program Required- Section 1784a of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following new subsection (d):CommentsClose CommentsPermalink





‘(d) Personalized Career Development Counseling-CommentsClose CommentsPermalink





‘(1) PILOT PROGRAM REQUIRED- The Secretary of Defense shall conduct a pilot program designed to provide personalized career development counseling to the spouses of members of the armed forces eligible for assistance under this section, including the development of strategies, step-by-step guidelines, and customizable milestones--CommentsClose CommentsPermalink





‘(A) to promote a comprehensive, introspective review of personal skills, experience, goals, and requirements with a view to developing a personalized plan for career development;CommentsClose CommentsPermalink





‘(B) to identify career options that are portable, personally rewarding, and compatible with personal strengths, skills, and experience;CommentsClose CommentsPermalink





‘(C) to instruct and encourage the use of sound personal and professional management practices; andCommentsClose CommentsPermalink





‘(D) to plan career attainment progression objectives and measure progress.CommentsClose CommentsPermalink





‘(2) INCENTIVES TO FILL CRITICAL CIVILIAN SPECIALTIES- In conducting the pilot program, the Secretary shall consider methods to provide incentives for program participants to fill critical civilian specialties needed in the Department of Defense, including the following:CommentsClose CommentsPermalink





‘(A) Mental health and other health care.CommentsClose CommentsPermalink





‘(B) Social work.CommentsClose CommentsPermalink





‘(C) Family welfare.CommentsClose CommentsPermalink





‘(D) Contract and acquisition management.CommentsClose CommentsPermalink





‘(E) Personal financial management.CommentsClose CommentsPermalink





‘(F) Day care services.CommentsClose CommentsPermalink





‘(G) Education.CommentsClose CommentsPermalink





‘(H) Military resale system.CommentsClose CommentsPermalink





‘(I) Morale, welfare and recreation activities.CommentsClose CommentsPermalink





‘(J) Law enforcement.CommentsClose CommentsPermalink





‘(3) PROCESS REVIEWS- The Secretary shall include in the pilot program a periodic review, to be conducted by counselors, of progress made by participants to determine if changes to personal career strategies may be necessary.CommentsClose CommentsPermalink





‘(4) NUMBER OF PARTICIPANTS- The Secretary of Defense shall enroll at least 75 military spouses in the pilot program, but not more than 150 military spouses.CommentsClose CommentsPermalink





‘(5) GEOGRAPHIC COVERAGE OF PILOT PROGRAM- The pilot program shall be conducted in at least three separate geographic areas, as determined by the Secretary of Defense.CommentsClose CommentsPermalink





‘(6) COUNSELORS- The Secretary of Defense may enter into contracts with career counselors to provide counseling services under the pilot program. There shall be at least one counselor in each of the geographic areas of the pilot program.CommentsClose CommentsPermalink





‘(7) ANNUAL EVALUATION- The Secretary of Defense shall conduct an annual evaluation of the pilot program to determine the following:CommentsClose CommentsPermalink





‘(A) The effectiveness of the pilot program in improving the ability of participants to identify, develop, and obtain employment in portable career fields.CommentsClose CommentsPermalink





‘(B) The self-reported levels of professional satisfaction of participants.CommentsClose CommentsPermalink





‘(C) The quality of careers selected and pursued.CommentsClose CommentsPermalink





‘(D) The rates of success--CommentsClose CommentsPermalink





‘(i) as determined and evaluated by participants; andCommentsClose CommentsPermalink





‘(ii) as determined by the Secretary.CommentsClose CommentsPermalink





‘(8) ANNUAL REPORT-CommentsClose CommentsPermalink





‘(A) REPORT REQUIRED- The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives an annual report containing--CommentsClose CommentsPermalink





‘(i) the results of the most-recent annual evaluation conducted under paragraph (7); andCommentsClose CommentsPermalink





‘(ii) the matters required by subparagraph (B).CommentsClose CommentsPermalink





‘(B) CONTENTS- Each report under this paragraph shall contain, at a minimum, the following:CommentsClose CommentsPermalink





‘(i) The number of participants in the pilot program.CommentsClose CommentsPermalink





‘(ii) Recommendations for adjustments to the pilot program.CommentsClose CommentsPermalink





‘(iii) Recommendations for extending the pilot program or implementing a permanent comprehensive career development for military spouses.CommentsClose CommentsPermalink





‘(C) TIME FOR SUBMISSION- The first report under this subsection shall be submitted not later than 1 year after the date of the commencement of counseling services under the pilot program. Subsequent reports shall be submitted for each year of the pilot program, with the final report being submitted not later than 90 days after the termination of the pilot program.CommentsClose CommentsPermalink





‘(9) TERMINATION- The pilot program shall terminate at the end of the 3-year period beginning on the date on which the Secretary of Defense notifies the Committees on Armed Services of the Senate and the House of Representatives of the commencement of counseling services under the pilot program.’.CommentsClose CommentsPermalink





(b) Implementation Plan- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and the House of Representatives a plan to implement the pilot program under subsection (d) of section 1784a of title 10, United States Code, as added by subsection (a).CommentsClose CommentsPermalink

SEC. 584. MODIFICATION OF YELLOW RIBBON REINTEGRATION PROGRAM.

(a) Office for Reintegration Programs- Subsection (d)(1) of section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note) is amended--CommentsClose CommentsPermalink





(1) by striking ‘The Under’ and inserting the following:CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Under’; andCommentsClose CommentsPermalink





(2) in the last sentence--CommentsClose CommentsPermalink





(A) by striking ‘The office may also’ and inserting the following:CommentsClose CommentsPermalink





‘(B) PARTNERSHIPS AND ACCESS- The office may’;CommentsClose CommentsPermalink





(B) by inserting ‘and the Department of Veterans Affairs’ after ‘Administration’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new sentence: ‘Service and State-based programs may provide access to curriculum, training, and support for services to members and families from all components.’.CommentsClose CommentsPermalink





(b) Center for Excellence in Reintegration- Subsection (d)(2) of such section is amended by adding at the end the following new sentence: ‘The Center shall develop and implement a process for evaluating the effectiveness of the Yellow Ribbon Reintegration Program in supporting the health and well-being of members of the Armed Forces and their families throughout the deployment cycle described in subsection (g)’.CommentsClose CommentsPermalink





(c) State Deployment Cycle Support Teams- Subsection (f)(3) of such section is amended by inserting ‘and community-based organizations’ after ‘service providers’.CommentsClose CommentsPermalink





(d) Operation of Program During Deployment and Post-deployment-reconstitution Phases- Subsection (g) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (3), by inserting ‘and to decrease the isolation of families during deployment’ after ‘combat zone’; andCommentsClose CommentsPermalink





(2) in paragraph (5)(A), by inserting ‘, providing information on employment opportunities,’ after ‘communities’.CommentsClose CommentsPermalink





(e) Additional Outreach Service- Subsection (h) of such section, as amended by section 595(1) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 110-84; 123 Stat. 2338), is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(15) Resiliency training to promote comprehensive programs for members of the Armed Forces to build mental and emotional resiliency for successfully meeting the demands of the deployment cycle.’.CommentsClose CommentsPermalink

SEC. 585. IMPORTANCE OF OFFICE OF COMMUNITY SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS.

(a) Sense of Congress- It is the sense of Congress that the Office of Community Support for Military Families with Special Needs, as established pursuant to section 1781c of title 10, United States Code, as added by section 563 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2304), is the best structure--CommentsClose CommentsPermalink





(1) to determine what medical, educational, and other support services are required by military families with children who have a medical or educational special need; andCommentsClose CommentsPermalink





(2) to ensure that those services are made available to military families with special needs.CommentsClose CommentsPermalink





(b) Specific Budgeting for Office- Effective with the Program Objective Memorandum to be issued for fiscal year 2012 and thereafter and containing recommended programming and resource allocations for the Department of Defense, the Secretary of Defense shall specifically address the Office of Community Support for Military Families with Special Needs to ensure that a separate line of funding is allocated to the Office.CommentsClose CommentsPermalink

SEC. 586. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE OFFICE OF COMMUNITY SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS.

(a) Report Required- The Comptroller General of the United States shall prepare a report identifying--CommentsClose CommentsPermalink





(1) the progress made in implementing the Office of Community Support for Military Families with Special Needs, as established pursuant to section 1781c of title 10, United States Code, as added by section 563 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2304);CommentsClose CommentsPermalink





(2) the policies governing the operation of the Office; andCommentsClose CommentsPermalink





(3) any gaps that still exist in ensuring that members of the Armed Forces who have dependents with special needs receive the support and services they deserve.CommentsClose CommentsPermalink





(b) Elements of Report- In the report required by subsection (a), the Comptroller General shall specifically address the following:CommentsClose CommentsPermalink





(1) The implementation of the responsibilities and duties assigned to the Office of Community Support for Military Families With Special Needs pursuant to subsections (d), (e), and (f) of section 1781c of title 10, United States Code.CommentsClose CommentsPermalink





(2) The manner in which the Department of Defense and the military departments intend to ensure that feedback is provided to the Office of Community Support for Military Families With Special Needs to ensure that the services and policy put in place are appropriate.CommentsClose CommentsPermalink





(c) Recommendations- The Comptroller General shall include in the report required by subsection (a) specific recommendations on the establishment, reporting requirements, internal monitoring, and oversight of the Office of Community Support for Military Families With Special Needs by the Under Secretary of Defense for Personnel and Readiness to ensure that the mission of the Office is being accomplished.CommentsClose CommentsPermalink





(d) Report- Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit the report required by subsection (a) to the congressional defense committees.CommentsClose CommentsPermalink

SEC. 587. COMPTROLLER GENERAL REPORT ON EXCEPTIONAL FAMILY MEMBER PROGRAM.

(a) Assessment Required- The Comptroller General of the United States shall conduct an assessment of the Exceptional Family Member Program of the Department of Defense to review the operation of the program in each of the Armed Forces, including program policies, best practices, execution, implementation and strategic planning, to determine program variances and to make recommendations to improve and standardize program effectiveness and support for members of the Armed Forces who have dependents with special needs.CommentsClose CommentsPermalink





(b) Report- 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 containing the results of the assessment and review under subsection (a).CommentsClose CommentsPermalink

SEC. 588. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE MILITARY SPOUSE EMPLOYMENT PROGRAMS.

(a) Comptroller General Review- The Comptroller General of the United States shall carry out a review of all Department of Defense spouse employment programs.CommentsClose CommentsPermalink





(b) Elements of Review- At a minimum, the review shall address the following:CommentsClose CommentsPermalink





(1) The efficacy and effectiveness of Department of Defense spouse employment programs.CommentsClose CommentsPermalink





(2) All current Department of Defense programs that are in place to support military spouses or dependents for the purposes of employment assistance.CommentsClose CommentsPermalink





(3) The types of military spouse employment programs that have been considered or used in the past by the Department of Defense.CommentsClose CommentsPermalink





(4) The ways in which military spouse employment programs have changed in recent years.CommentsClose CommentsPermalink





(5) The benefits or programs that are specifically available to support military spouses of members of the Armed Forces serving in Operation Iraqi Freedom or Operation Enduring Freedom.CommentsClose CommentsPermalink





(6) The existing feedback mechanisms available for military spouses to express their views on the effectiveness and future direction of relevant Department of Defense programs and policies.CommentsClose CommentsPermalink





(7) The degree of oversight provided by the Office of Personnel and Management regarding military spouse preferences.CommentsClose CommentsPermalink





(c) Submission of Results- Not later than March 1, 2011, the Comptroller General shall submit to the congressional defense committees a report containing--CommentsClose CommentsPermalink





(1) the results of the review;CommentsClose CommentsPermalink





(2) the assumptions upon which the review was based and the validity and completeness of such assumptions; andCommentsClose CommentsPermalink





(3) such recommendations as the Comptroller General considers necessary for improving Department of Defense spouse employment programs.CommentsClose CommentsPermalink

SEC. 589. REPORT ON DEPARTMENT OF DEFENSE MILITARY SPOUSE EDUCATION PROGRAMS.

(a) Review Required- The Secretary of Defense shall carry out a review of all Department of Defense education programs designed to support spouses of members of the Armed Forces.CommentsClose CommentsPermalink





(b) Elements of Review- At a minimum, the review shall evaluate the following:CommentsClose CommentsPermalink





(1) All current Department of Defense programs that are in place to advance military spouse education opportunities.CommentsClose CommentsPermalink





(2) The efficacy and effectiveness of Department of Defense spouse education programs.CommentsClose CommentsPermalink





(3) The effect that a lack military spouse education opportunities has on the ability to retain members of the Armed Forces.CommentsClose CommentsPermalink





(4) A comparison of the costs associated with providing military spouse education opportunities to retain members rather than recruiting or training new members.CommentsClose CommentsPermalink





(c) Submission of Results- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing--CommentsClose CommentsPermalink





(1) the results of the review; andCommentsClose CommentsPermalink





(2) such recommendations as the Secretary considers necessary for improving Department of Defense spouse education programs.CommentsClose CommentsPermalink

SEC. 590. ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE UNIFORMED SERVICES.

(a) In General- Part III of title 38, United States Code, is amended by adding at the end the following new chapter:CommentsClose CommentsPermalink

‘CHAPTER 44--ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE UNIFORMED SERVICES

‘Sec.CommentsClose CommentsPermalink





‘4401. Definitions.CommentsClose CommentsPermalink





‘4402. Leave requirement.CommentsClose CommentsPermalink





‘4403. Certification.CommentsClose CommentsPermalink





‘4404. Employment and benefits protection.CommentsClose CommentsPermalink





‘4405. Prohibited acts.CommentsClose CommentsPermalink





‘4406. Enforcement.CommentsClose CommentsPermalink





‘4407. Miscellaneous provisions.CommentsClose CommentsPermalink

‘Sec. 4401. Definitions

‘In this chapter:CommentsClose CommentsPermalink





‘(1) The terms ‘benefit’, ‘rights and benefits’, ‘employee’, ‘employer’, and ‘uniformed services’ have the meaning given such terms in section 4303 of this title.CommentsClose CommentsPermalink





‘(2) The term ‘contingency operation’ has the same meaning given such term in section 101(a)(13) of title 10.CommentsClose CommentsPermalink





‘(3) The term ‘eligible employee’ means an individual who is--CommentsClose CommentsPermalink





‘(A) a family member of a member of a uniformed service;CommentsClose CommentsPermalink





‘(B) an employee of the employer with respect to whom leave is requested under section 4402 of this title; andCommentsClose CommentsPermalink





‘(C) not entitled to leave under section 102(a)(1)(E) of the Family Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(E)).CommentsClose CommentsPermalink





‘(4) The term ‘family member’ means an individual who is, with respect to another individual, one of the following:CommentsClose CommentsPermalink





‘(A) The spouse of the other individual.CommentsClose CommentsPermalink





‘(B) A son or daughter of the other individual.CommentsClose CommentsPermalink





‘(C) A parent of the other individual.CommentsClose CommentsPermalink





‘(5) The term ‘reduced leave schedule’ means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.CommentsClose CommentsPermalink





‘(6) The terms ‘spouse’, ‘son or daughter’, and ‘parent’ have the meaning given such terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).CommentsClose CommentsPermalink

‘Sec. 4402. Leave requirement

‘(a) Entitlement to Leave- In any 12-month period, an eligible employee shall be entitled to two workweeks of leave for each family member of the eligible employee who, during such 12-month period--CommentsClose CommentsPermalink





‘(1) is in the uniformed services; andCommentsClose CommentsPermalink





‘(2)(A) receives notification of an impending call or order to active duty in support of a contingency operation; orCommentsClose CommentsPermalink





‘(B) is deployed in connection with a contingency operation.CommentsClose CommentsPermalink





‘(b) Leave Taken Intermittently or on Reduced Leave Schedule- (1) Leave under subsection (a) may be taken by an eligible employee intermittently or on a reduced leave schedule as the eligible employee considers appropriate.CommentsClose CommentsPermalink





‘(2) The taking of leave intermittently or on a reduced leave schedule pursuant to this subsection shall not result in a reduction in the total amount of leave to which the eligible employee is entitled under subsection (a) beyond the amount of leave actually taken.CommentsClose CommentsPermalink





‘(c) Paid Leave Permitted- Leave granted under subsection (a) may consist of paid leave or unpaid leave as the employer of the eligible employee considers appropriate.CommentsClose CommentsPermalink





‘(d) Relationship to Paid Leave- (1) If an employer provides paid leave to an eligible employee for fewer than the total number of workweeks of leave that the eligible employee is entitled to under subsection (a), the additional amount of leave necessary to attain the total number of workweeks of leave required under subsection (a) may be provided without compensation.CommentsClose CommentsPermalink





‘(2) An eligible employee may elect, and an employer may not require the eligible employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the eligible employee for leave provided under subsection (a) for any part of the total period of such leave the eligible employee is entitled to under such subsection.CommentsClose CommentsPermalink





‘(e) Notice for Leave- In any case in which an eligible employee chooses to use leave under subsection (a), the eligible employee shall provide such notice to the employer as is reasonable and practicable.CommentsClose CommentsPermalink

‘Sec. 4403. Certification

‘(a) In General- An employer may require that a request for leave under section 4402(a) of this title be supported by a certification of entitlement to such leave.CommentsClose CommentsPermalink





‘(b) Timeliness of Certification- An eligible employee shall provide, in a timely manner, a copy of the certification required by subsection (a) to the employer.CommentsClose CommentsPermalink





‘(c) Sufficient Certification- A copy of the notification, call, or order described in section 4402(a)(2) of this title shall be considered sufficient certification of entitlement to leave for purposes of providing certification under this section. The Secretary may prescribe such additional forms and manners of certification as the Secretary considers appropriate for purposes of providing certification under this section.CommentsClose CommentsPermalink

‘Sec. 4404. Employment and benefits protection

‘(a) In General- An eligible employee who takes leave under section 4402 of this title for the intended purpose of the leave shall be entitled, on return from such leave--CommentsClose CommentsPermalink





‘(1) to be restored by the employer to the position of employment held by the eligible employee when the leave commenced; orCommentsClose CommentsPermalink





‘(2) to be restored to an equivalent position with equivalent rights and benefits of employment.CommentsClose CommentsPermalink





‘(b) Loss of Benefits- The taking of leave under section 4402 of this title shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.CommentsClose CommentsPermalink





‘(c) Limitations- Nothing in this section shall be construed to entitle any restored employee to--CommentsClose CommentsPermalink





‘(1) the accrual of any seniority or employment benefits during any period of leave; orCommentsClose CommentsPermalink





‘(2) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.CommentsClose CommentsPermalink

‘Sec. 4405. Prohibited acts

‘(a) Exercise of Rights- It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this chapter.CommentsClose CommentsPermalink





‘(b) Discrimination- It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this chapter.CommentsClose CommentsPermalink

‘Sec. 4406. Enforcement

‘The provisions of subchapter III of chapter 43 of this title shall apply with respect to the provisions of this chapter as if such provisions were incorporated into and made part of this chapter.CommentsClose CommentsPermalink

‘Sec. 4407. Miscellaneous provisions

‘The provisions of subchapter IV of chapter 43 of this title shall apply with respect to the provisions of this chapter as if such provisions were incorporated into and made part of this chapter.’.CommentsClose CommentsPermalink





(b) Clerical Amendments- The table of chapters at the beginning of title 38, United States Code, and at the beginning of part III of such title, are each amended by inserting after the item relating to chapter 43 the following new item:CommentsClose CommentsPermalink

4401.’.CommentsClose CommentsPermalink

SEC. 590A. CODIFICATION AND CONTINUATION OF JOINT FAMILY SUPPORT ASSISTANCE PROGRAM.

(a) Codification and Continuation- Chapter 88, of title 10, United States Code, is amended by inserting after section 1788 the following new section:CommentsClose CommentsPermalink

‘Sec. 1788a. Joint Family Support Assistance Program

‘(a) Program Required- The Secretary of Defense shall continue to carry out the program known as the ‘Joint Family Support Assistance Program’ for the purpose of providing to families of members of the armed forces the following types of assistance:CommentsClose CommentsPermalink





‘(1) Financial and material assistance.CommentsClose CommentsPermalink





‘(2) Mobile support services.CommentsClose CommentsPermalink





‘(3) Sponsorship of volunteers and family support professionals for the delivery of support services.CommentsClose CommentsPermalink





‘(4) Coordination of family assistance programs and activities provided by Military OneSource, Military Family Life Consultants, counselors, the Department of Defense, other Federal agencies, State and local agencies, and non-profit entities.CommentsClose CommentsPermalink





‘(5) Facilitation of discussion on military family assistance programs, activities, and initiatives between and among the organizations, agencies, and entities referred to in paragraph (4).CommentsClose CommentsPermalink





‘(6) Non-medical counseling.CommentsClose CommentsPermalink





‘(7) Such other assistance that the Secretary considers appropriate.CommentsClose CommentsPermalink





‘(b) Locations- The Secretary of Defense shall carry out the program in at least six areas of the United States selected by the Secretary. Up to three of the areas selected for the program shall be areas that are geographically isolated from military installations.CommentsClose CommentsPermalink





‘(c) Resources and Volunteers- The Secretary of Defense shall provide personnel and other resources of the Department of Defense necessary for the implementation and operation of the program and may accept and utilize the services of non-Government volunteers and non-profit entities under the program.CommentsClose CommentsPermalink





‘(d) Procedures- The Secretary of Defense shall establish procedures for the operation of the program and for the provision of assistance to families of members of the Armed Forces under the program.CommentsClose CommentsPermalink





‘(e) Relation to Family Support Centers- The program is not intended to operate in lieu of other family support centers, but is instead intended to augment the activities of the family support centers.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 1788a the following new item:CommentsClose CommentsPermalink





‘1788a. Joint Family Support Assistance Program.’.CommentsClose CommentsPermalink





(c) Repeal of Superceded Provision- Section 675 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 119 Stat. 2273; 10 U.S.C. 1781 note) is repealed.CommentsClose CommentsPermalink

Subtitle J--Other MattersCommentsClose CommentsPermalink

SEC. 591. ESTABLISHMENT OF JUNIOR RESERVE OFFICERS’ TRAINING CORPS UNITS FOR STUDENTS IN GRADES ABOVE SIXTH GRADE.

Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g)(1) In addition to units of the Junior Reserve Officers’ Training Corps established at public and private secondary educational institutions under subsection (a), the Secretary of each military department may carry out a pilot program to establish and support units at public and private educational institutions that are not secondary educational institutions to permit the enrollment of students in the Corps who, notwithstanding the limitation in subsection (b)(1), are in a grade above the sixth grade. Under the pilot program, the Secretary may authorize a course of military instruction of not less than two academic years’ duration, notwithstanding subsection (b)(3).CommentsClose CommentsPermalink





‘(2) Except as provided in paragraph (1), a unit of the Junior Reserve Officers’ Training Corps established and supported under the pilot program must meet the requirements of this section.CommentsClose CommentsPermalink





‘(3) The Secretary of the military department concerned shall conduct a review of the pilot program. The review shall include an evaluation of what impacts, if any, the pilot program may have on the operation of the Junior Reserve Officers’ Training Corps in secondary educational institutions.’.CommentsClose CommentsPermalink

SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS AUTHORIZED FOR ADMISSION TO NATIONAL DEFENSE UNIVERSITY.

Section 2167(a) of title 10, United States Code, is amended by striking ‘20 full-time student positions’ and inserting ‘35 full-time student positions’.CommentsClose CommentsPermalink

SEC. 593. ADMISSION OF DEFENSE INDUSTRY CIVILIANS TO ATTEND UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.

(a) Admission Authority- Chapter 901 of title 10, United States Code, is amended by inserting after section 9314 the following new section:CommentsClose CommentsPermalink

‘Sec. 9314a. United States Air Force Institute of Technology: admission of defense industry civilians

‘(a) Admission Authorized- (1) The Secretary of the Air Force may permit defense industry employees described in subsection (b) to receive instruction at the United States Air Force Institute of Technology in accordance with this section. Any such defense industry employee may be enrolled in, and may be provided instruction in, a program leading to a graduate degree in a defense focused curriculum related to aeronautics and astronautics, electrical and computer engineering, engineering physics, mathematics and statistics, operational sciences, or systems and engineering management.CommentsClose CommentsPermalink





‘(2) No more than 125 defense industry employees may be enrolled at the United States Air Force Institute of Technology at any one time under the authority of paragraph (1).CommentsClose CommentsPermalink





‘(3) Upon successful completion of the course of instruction at the United States Air Force Institute of Technology in which a defense industry employee is enrolled, the defense industry employee may be awarded an appropriate degree under section 9314 of this title.CommentsClose CommentsPermalink





‘(b) Eligible Defense Industry Employees- For purposes of this section, an eligible defense industry employee is an individual employed by a private firm that is engaged in providing to the Department of Defense significant and substantial defense-related systems, products, or services. A defense industry employee admitted for instruction at the United States Air Force Institute of Technology remains eligible for such instruction only so long at that person remains employed by the same firm.CommentsClose CommentsPermalink





‘(c) Annual Determination by the Secretary of the Air Force- Defense industry employees may receive instruction at the United States Air Force Institute of Technology during any academic year only if, before the start of that academic year, the Secretary of the Air Force, or the designee of the Secretary, determines that providing instruction to defense industry employees under this section during that year--CommentsClose CommentsPermalink





‘(1) will further the military mission of the United States Air Force Institute of Technology; andCommentsClose CommentsPermalink





‘(2) will be done on a space-available basis and not require an increase in the size of the faculty of the school, an increase in the course offerings of the school, or an increase in the laboratory facilities or other infrastructure of the school.CommentsClose CommentsPermalink





‘(d) Program Requirements- The Secretary of the Air Force shall ensure that--CommentsClose CommentsPermalink





‘(1) the curriculum in which defense industry employees may be enrolled under this section is not readily available through other schools and concentrates on the areas of focus specified in subsection (a)(1) that are conducted by military organizations and defense contractors working in close cooperation; andCommentsClose CommentsPermalink





‘(2) the course offerings at the United States Air Force Institute of Technology continue to be determined solely by the needs of the Department of Defense.CommentsClose CommentsPermalink





‘(e) Tuition- (1) The United States Air Force Institute of Technology shall charge tuition for students enrolled under this section at a rate not less than the rate charged for employees of the United States outside the Department of the Air Force.CommentsClose CommentsPermalink





‘(2) Amounts received by the United States Air Force Institute of Technology for instruction of students enrolled under this section shall be retained by the school to defray the costs of such instruction. The source, and the disposition, of such funds shall be specifically identified in records of the school.CommentsClose CommentsPermalink





‘(f) Standards of Conduct- While receiving instruction at the United States Air Force Institute of Technology, defense industry employees enrolled under this section, to the extent practicable, are subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the school.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9314 the following new item:CommentsClose CommentsPermalink





‘9314a. United States Air Force Institute of Technology: admission of defense industry civilians.’.CommentsClose CommentsPermalink

SEC. 594. DATE FOR SUBMISSION OF ANNUAL REPORT ON DEPARTMENT OF DEFENSE STARBASE PROGRAM.

Section 2193b(g) of title 10, United States Code, is amended by striking ‘90 days after the end of each fiscal year’ and inserting ‘March 31 of each year’.CommentsClose CommentsPermalink

SEC. 595. EXTENSION OF DEADLINE FOR SUBMISSION OF FINAL REPORT OF MILITARY LEADERSHIP DIVERSITY COMMISSION.

Section 596(e)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4478) is amended by striking ‘12 months’ and inserting ‘18 months’.CommentsClose CommentsPermalink

SEC. 596. ENHANCED AUTHORITY FOR MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE AND COAST GUARD CIVILIAN EMPLOYEES AND THEIR FAMILIES TO ACCEPT GIFTS FROM NON-FEDERAL ENTITIES.

(a) Codification and Expansion of Existing Authority to Cover Additional Members and Employees-CommentsClose CommentsPermalink





(1) CODIFICATION AND EXPANSION- Chapter 155 of title 10, United States Code, is amended by inserting after section 2601 the following new section:CommentsClose CommentsPermalink

‘Sec. 2601a. Direct acceptance of gifts by members of the armed forces and Department of Defense and Coast Guard employees and their families

‘(a) Regulations Governing Acceptance of Gifts- (1) The Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) shall issue regulations to provide that, subject to such limitations as may be specified in such regulations, the following individuals may accept gifts from nonprofit organizations, private parties, and other sources outside the Department of Defense or the Department of Homeland Security:CommentsClose CommentsPermalink





‘(A) A member of the armed forces described in subsection (c).CommentsClose CommentsPermalink





‘(B) A civilian employee of the Department of Defense or Coast Guard described in subsection (d).CommentsClose CommentsPermalink





‘(C) The family members of such a member or employee.CommentsClose CommentsPermalink





‘(D) Survivors of such a member or employee who is killed.CommentsClose CommentsPermalink





‘(2) The regulations required by this subsection shall apply uniformly to all elements of the Department of Defense and, to the maximum extent feasible, to the Coast Guard.CommentsClose CommentsPermalink





‘(b) Exception to Gift Ban- A member of the armed forces described in subsection (c) and a civilian employee described in subsection (d) may accept gifts as provided in the regulations issued under subsection (a) notwithstanding section 7353 of title 5.CommentsClose CommentsPermalink





‘(c) Covered Members- This section applies to a member of the armed forces who, while performing active duty, full-time National Guard duty, or inactive-duty training on or after September 11, 2001, incurred an injury or illness--CommentsClose CommentsPermalink





‘(1) as described in section 1413a(e)(2) of this title;CommentsClose CommentsPermalink





‘(2) in an operation or area designated as a combat operation or a combat zone by the Secretary of Defense in accordance with the regulations issued under subsection (a); orCommentsClose CommentsPermalink





‘(3) under other circumstances determined by the Secretary concerned to warrant treatment analogous to members covered by paragraph (1) or (2).CommentsClose CommentsPermalink





‘(d) Covered Employees- This section applies to a civilian employee of the Department of Defense or Coast Guard who, while an employee on or after September 11, 2001, incurred an injury or illness under a circumstance described in paragraph (1), (2), or (3) of subsection (c).CommentsClose CommentsPermalink





‘(e) Gifts From Certain Sources Prohibited- The regulations issued under subsection (a) may not authorize the acceptance of a gift from a foreign government or international organization or their agents.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2601 the following new item:CommentsClose CommentsPermalink





‘2601a. Direct acceptance of gifts by members of the armed forces and Department of Defense and Coast Guard employees and their families.’.CommentsClose CommentsPermalink





(b) Repeal of Superceded Provision- Section 8127 of the Department of Defense Appropriations Act, 2006 (division A of Public Law 109-148; 119 Stat. 2730; 10 U.S.C. 2601 note prec.) is repealed.CommentsClose CommentsPermalink





(c) Application of Existing Regulations- Pending the issuance of the regulations required by subsection (a) of section 2601a of title 10, United States Code, as added by subsection (a), the regulations prescribed under section 8127 of the Department of Defense Appropriations Act, 2006 (division A of Public Law 109-148; 119 Stat. 2730; 10 U.S.C. 2601 note prec.) shall apply to the acceptance of gifts under such section 2601a.CommentsClose CommentsPermalink





(d) Retroactive Applicability of Regulations- The regulations issued under subsection (a) of section 2601a of title 10, United States Code, as added by subsection (a), shall, to the extent provided in such regulations, also apply to the acceptance of gifts during the period beginning on September 11, 2001, and ending on the date on which such regulations go into effect.CommentsClose CommentsPermalink

SEC. 597. REPORT ON PERFORMANCE AND IMPROVEMENTS OF TRANSITION ASSISTANCE PROGRAM.

(a) Report Required- The Secretary of Defense shall prepare a report on the Transition Assistance Program of the Department of Defense.CommentsClose CommentsPermalink





(b) Elements- The report shall include the following:CommentsClose CommentsPermalink





(1) A statement and analysis of the rates of post-separation employment rates compared with the general population annually since September 11, 2001.CommentsClose CommentsPermalink





(2) A chronological summary of the evolution and development of the Transition Assistance Program since September 11, 2001.CommentsClose CommentsPermalink





(3) A description of efforts to transform the Transition Assistance Program from one of end-of-service transition to a life-cycle model, in which transition is considered throughout the career of a member of the Armed Forces.CommentsClose CommentsPermalink





(4) An analysis of current and future challenges members continue to face upon entering the civilian work force, including a survey of the following individuals and organizations to identify strengths and shortcomings in the Transition Assistance Program:CommentsClose CommentsPermalink





(A) A representational population of transitioning or recently separated members.CommentsClose CommentsPermalink





(B) Employers with a track record of employing retired or separating members.CommentsClose CommentsPermalink





(C) Veterans service organizations and advocacy groups.CommentsClose CommentsPermalink





(5) Any recommendations, including recommendations for legislative action, that the Secretary of Defense considers appropriate to improve the organization, policies, consistency of quality, and efficacy of the Transition Assistance Program.CommentsClose CommentsPermalink





(c) Consultation- The Secretary of Defense shall prepare the report in consultation with the Secretary of Labor.CommentsClose CommentsPermalink





(d) Submission of Report- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit the report to the Committees on Armed Services of the Senate and the House of Representatives.CommentsClose CommentsPermalink

SEC. 598. SENSE OF CONGRESS REGARDING ASSISTING MEMBERS OF THE ARMED FORCES TO PARTICIPATE IN APPRENTICESHIP PROGRAMS.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) Some members of the Armed Forces who are separated or released from active duty are having difficulty finding employment after their separation or release.CommentsClose CommentsPermalink





(2) Some members who have served for long periods on active duty have the additional difficulty of translating their military experience into skill sets for civilian employment.CommentsClose CommentsPermalink





(3) Apprenticeship programs bring immense value to the American workforce and to individuals who participate in such programs.CommentsClose CommentsPermalink





(4) Apprenticeship programs assist in the building of resumes and skills of participants and help connect participants with employers and job opportunities.CommentsClose CommentsPermalink





(5) Military units returning from deployment often operate at a reduced readiness status, which would allow members who are assigned to the unit, but who are in the process of being separated or released from active duty, to be available to participate in apprenticeship programs.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that commanders of units of the Armed Forces should make every effort to permit members of the Armed Forces who are assigned to the unit, but who are in the process of being separated or released from active duty, to participate in an apprenticeship program that is registered under the Act of Aug. 16, 1937 (commonly known as the National Apprenticeship Act; 29 U.S.C. 50 et seq.).CommentsClose CommentsPermalink





(c) Armed Forces Defined- In this section, the term ‘Armed Forces’ means the Army, Navy, Air Force, and Marine Corps.CommentsClose CommentsPermalink

SEC. 599. REPORT ON EXPANSION OF NUMBER OF HEIRLOOM CHEST AWARDED TO SURVIVING FAMILIES.

The Secretary of the Army shall submit to the congressional defense committees a report on the heirloom chest policy of the Army, including--CommentsClose CommentsPermalink





(1) a detailed explanation of such policy;CommentsClose CommentsPermalink





(2) the plans of the Secretary to continue the heirloom chest program; andCommentsClose CommentsPermalink





(3) an estimate of the procurement costs to expand the number of such chests to additional family members.CommentsClose CommentsPermalink

SEC. 600. INCREASE OF MAXIMUM AGE FOR CHILDREN ELIGIBLE FOR MEDICAL CARE UNDER CHAMPVA PROGRAM.

(a) Increase- Section 1781(c) of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘twenty-three’ and inserting ‘twenty-six’; andCommentsClose CommentsPermalink





(2) by striking ‘twenty-third birthday’ and inserting ‘twenty-sixth birthday’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall apply with respect to medical care provided on or after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 600A. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM FROM DEPARTMENT OF EDUCATION TO DEPARTMENT OF DEFENSE.

(a) Transfer of Functions-CommentsClose CommentsPermalink





(1) TRANSFER- The responsibility and authority for operation and administration of the Troops-to-Teachers Program in chapter A of subpart 1 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.), is transferred from the Secretary of Education to the Secretary of Defense.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The transfer under paragraph (1) shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act, or on such earlier date as the Secretary of Education and the Secretary of Defense may jointly provide.CommentsClose CommentsPermalink





(b) Enactment of Program Authority in Title 10, United States Code-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 1154. Assistance to eligible members and former members to obtain employment as teachers: Troops-to-Teachers Program

‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) PROGRAM- The term ‘Program’ means the Troops-to-Teachers Program authorized by this section.CommentsClose CommentsPermalink





‘(2) MEMBER OF THE ARMED FORCES- The term ‘member of the armed forces’ includes a former member of the armed forces.CommentsClose CommentsPermalink





‘(3) CHARTER SCHOOL- The term ‘charter school’ has the meaning given that term in section 5210 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i).CommentsClose CommentsPermalink





‘(4) ADDITIONAL TERMS- The terms ‘elementary school’, ‘highly qualified teacher’, ‘local educational agency’, ‘secondary school’, and ‘state’ have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).CommentsClose CommentsPermalink





‘(b) Program Authorization- The Secretary may carry out a program (to be known as the ‘Troops-to-Teachers Program’)--CommentsClose CommentsPermalink





‘(1) to assist eligible members of the armed forces described in subsection (d) to obtain certification or licensing as elementary school teachers, secondary school teachers, or vocational or technical teachers, and to become highly qualified teachers; andCommentsClose CommentsPermalink





‘(2) to facilitate the employment of such members--CommentsClose CommentsPermalink





‘(A) by local educational agencies or public charter schools that the Secretary of Education identifies as--CommentsClose CommentsPermalink





‘(i) receiving grants under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a result of having within their jurisdictions concentrations of children from low-income families; orCommentsClose CommentsPermalink





‘(ii) experiencing a shortage of highly qualified teachers, in particular a shortage of science, mathematics, special education, or vocational or technical teachers; andCommentsClose CommentsPermalink





‘(B) in elementary schools or secondary schools, or as vocational or technical teachers.CommentsClose CommentsPermalink





‘(c) Placement Assistance and Referral Services- The Secretary may provide placement assistance and referral services to members of the armed forces who meet the criteria described in subsection (d), including meeting the education qualification requirements under subsection (d)(3)(B). Such members shall not be eligible for financial assistance under paragraphs (3) and (4) of subsection (e).CommentsClose CommentsPermalink





‘(d) Eligibility and Application Process-CommentsClose CommentsPermalink





‘(1) ELIGIBLE MEMBERS- The following members of the armed forces are eligible for selection to participate in the Program:CommentsClose CommentsPermalink





‘(A) Any member who--CommentsClose CommentsPermalink





‘(i) on or after October 1, 1999, becomes entitled to retired or retainer pay under this title or title 14;CommentsClose CommentsPermalink





‘(ii) has an approved date of retirement that is within one year after the date on which the member submits an application to participate in the Program; orCommentsClose CommentsPermalink





‘(iii) has been transferred to the Retired Reserve.CommentsClose CommentsPermalink





‘(B) Any member who, on or after January 8, 2002--CommentsClose CommentsPermalink





‘(i)(I) is separated or released from active duty after six or more years of continuous active duty immediately before the separation or release; orCommentsClose CommentsPermalink





‘(II) has completed a total of at least ten years of active duty service, ten years of service computed under section 12732 of this title, or ten years of any combination of such service; andCommentsClose CommentsPermalink





‘(ii) executes a reserve commitment agreement for a period of not less than three years under paragraph (5)(B).CommentsClose CommentsPermalink





‘(C) Any member who, on or after January 8, 2002, is retired or separated for physical disability under chapter 61 of this title.CommentsClose CommentsPermalink





‘(2) SUBMISSION OF APPLICATIONS- (A) Selection of eligible members of the armed forces to participate in the Program shall be made on the basis of applications submitted to the Secretary within the time periods specified in subparagraph (B). An application shall be in such form and contain such information as the Secretary may require.CommentsClose CommentsPermalink





‘(B) An application shall be considered to be submitted on a timely basis under subparagraph (A)(i), (B), or (C) of paragraph (1) if the application is submitted not later than four years after the date on which the member is retired or separated or released from active duty, whichever applies to the member.CommentsClose CommentsPermalink





‘(3) SELECTION CRITERIA; EDUCATIONAL BACKGROUND REQUIREMENTS AND HONORABLE SERVICE REQUIREMENT- (A) Subject to subparagraphs (B) and (C), the Secretary shall prescribe the criteria to be used to select eligible members of the armed forces to participate in the Program.CommentsClose CommentsPermalink





‘(B)(i) If a member of the armed forces is applying for assistance for placement as an elementary school or secondary school teacher, the Secretary shall require the member to have received a baccalaureate or advanced degree from an accredited institution of higher education.CommentsClose CommentsPermalink





‘(ii) If a member of the armed forces is applying for assistance for placement as a vocational or technical teacher, the Secretary shall require the member--CommentsClose CommentsPermalink





‘(I) to have received the equivalent of one year of college from an accredited institution of higher education and have six or more years of military experience in a vocational or technical field; orCommentsClose CommentsPermalink





‘(II) to otherwise meet the certification or licensing requirements for a vocational or technical teacher in the State in which the member seeks assistance for placement under the Program.CommentsClose CommentsPermalink





‘(C) A member of the armed forces is eligible to participate in the Program only if the member’s last period of service in the armed forces was honorable, as characterized by the Secretary concerned. A member selected to participate in the Program before the retirement of the member or the separation or release of the member from active duty may continue to participate in the Program after the retirement, separation, or release only if the member’s last period of service is characterized as honorable by the Secretary concerned.CommentsClose CommentsPermalink





‘(4) SELECTION PRIORITIES- In selecting eligible members of the armed forces to receive assistance under the Program, the Secretary shall give priority to members who--CommentsClose CommentsPermalink





‘(A) have educational or military experience in science, mathematics, special education, or vocational or technical subjects; andCommentsClose CommentsPermalink





‘(B) agree to seek employment as science, mathematics, or special education teachers in elementary schools or secondary schools or in other schools under the jurisdiction of a local educational agency.CommentsClose CommentsPermalink





‘(5) OTHER CONDITIONS ON SELECTION-CommentsClose CommentsPermalink





‘(A) The Secretary may not select an eligible member of the armed forces to participate in the Program and receive financial assistance unless the Secretary has sufficient appropriations for the Program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsection (e) with respect to the member.CommentsClose CommentsPermalink





‘(B) The Secretary may not select an eligible member of the armed forces described in paragraph (1)(B)(i) to participate in the Program under this section and receive financial assistance under subsection (e) unless the member executes a written agreement to serve as a member of the Selected Reserve of a reserve component of the armed forces for a period of not less than three years (in addition to any other reserve commitment the member may have).CommentsClose CommentsPermalink





‘(e) Participation Agreement and Financial Assistance-CommentsClose CommentsPermalink





‘(1) PARTICIPATION AGREEMENT- (A) An eligible member of the armed forces selected to participate in the Program under subsection (b) and receive financial assistance under this subsection shall be required to enter into an agreement with the Secretary in which the member agrees--CommentsClose CommentsPermalink





‘(i) within such time as the Secretary may require, to obtain certification or licensing as an elementary school teacher, secondary school teacher, or vocational or technical teacher, and to become a highly qualified teacher; andCommentsClose CommentsPermalink





‘(ii) to accept an offer of full-time employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher for not less than three school years with a high-need local educational agency or public charter school, as such terms are defined in section 2102 of the Elementary and Secondary Education Act (20 U.S.C. 6602), to begin the school year after obtaining that certification or licensing.CommentsClose CommentsPermalink





‘(B) The Secretary may waive the three-year commitment described in subparagraph (A)(ii) for a participant if the Secretary determines such waiver to be appropriate. If the Secretary provides the waiver, the participant shall not be considered to be in violation of the agreement and shall not be required to provide reimbursement under subsection (f), for failure to meet the three-year commitment.CommentsClose CommentsPermalink





‘(2) VIOLATION OF PARTICIPATION AGREEMENT; EXCEPTIONS- A participant in the Program shall not be considered to be in violation of the participation agreement entered into under paragraph (1) during any period in which the participant--CommentsClose CommentsPermalink





‘(A) is pursuing a full-time course of study related to the field of teaching at an institution of higher education;CommentsClose CommentsPermalink





‘(B) is serving on active duty as a member of the armed forces;CommentsClose CommentsPermalink





‘(C) is temporarily totally disabled for a period of time not to exceed three years as established by sworn affidavit of a qualified physician;CommentsClose CommentsPermalink





‘(D) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled;CommentsClose CommentsPermalink





‘(E) is a highly qualified teacher who is seeking and unable to find full-time employment as a teacher in an elementary school or secondary school or as a vocational or technical teacher for a single period not to exceed 27 months; orCommentsClose CommentsPermalink





‘(F) satisfies the provisions of additional reimbursement exceptions that may be prescribed by the Secretary.CommentsClose CommentsPermalink





‘(3) STIPEND FOR PARTICIPANTS- (A) Subject to subparagraph (B), the Secretary may pay to a participant in the Program selected under this section a stipend in an amount of not more than $5,000.CommentsClose CommentsPermalink





‘(B) The total number of stipends that may be paid under subparagraph (A) in any fiscal year may not exceed 5,000.CommentsClose CommentsPermalink





‘(4) BONUS FOR PARTICIPANTS- (A) Subject to subparagraph (B), the Secretary may, in lieu of paying a stipend under paragraph (3), pay a bonus of $10,000 to a participant in the Program selected under this section who agrees in the participation agreement under paragraph (1) to become a highly qualified teacher and to accept full-time employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher for not less than three school years in a high-need school.CommentsClose CommentsPermalink





‘(B) The total number of bonuses that may be paid under subparagraph (A) in any fiscal year may not exceed 3,000.CommentsClose CommentsPermalink





‘(C) For purposes of subparagraph (A), the term ‘high-need school’ means a public elementary school, public secondary school, or public charter school that meets one or more of the following criteria:CommentsClose CommentsPermalink





‘(i) At least 50 percent of the students enrolled in the school were from low-income families (as described in subsection (b)(2)(A)(i)).CommentsClose CommentsPermalink





‘(ii) The school has a large percentage of students who qualify for assistance under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).CommentsClose CommentsPermalink





‘(5) TREATMENT OF STIPEND AND BONUS- A stipend or bonus paid under this subsection to a participant in the Program shall be taken into account in determining the eligibility of the participant for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).CommentsClose CommentsPermalink





‘(f) Reimbursement Under Certain Circumstances-CommentsClose CommentsPermalink





‘(1) REIMBURSEMENT REQUIRED- A participant in the Program who is paid a stipend or bonus under this subsection shall be required to repay the stipend or bonus under the following circumstances:CommentsClose CommentsPermalink





‘(A) The participant fails to obtain teacher certification or licensing, to become a highly qualified teacher, or to obtain employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher as required by the participation agreement under subsection (e)(1).CommentsClose CommentsPermalink





‘(B) The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher during the three years of required service in violation of the participation agreement.CommentsClose CommentsPermalink





‘(C) The participant executed a written agreement with the Secretary concerned under subsection (d)(5)(B) to serve as a member of a reserve component of the armed forces for a period of three years and fails to complete the required term of service.CommentsClose CommentsPermalink





‘(2) AMOUNT OF REIMBURSEMENT- A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under subsection (e) shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the three years of required service. Any amount owed by the participant shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the participant is first notified of the amount due.CommentsClose CommentsPermalink





‘(3) TREATMENT OF OBLIGATION- The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11 shall not release a participant from the obligation to reimburse the Secretary under this subsection.CommentsClose CommentsPermalink





‘(4) EXCEPTIONS TO REIMBURSEMENT REQUIREMENT- A participant shall be excused from reimbursement under this subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary may also waive the reimbursement in cases of extreme hardship to the participant, as determined by the Secretary.CommentsClose CommentsPermalink





‘(g) Relationship to Educational Assistance Under Montgomery GI Bill- The receipt by a participant in the Program of a stipend or bonus under this subsection (e) shall not reduce or otherwise affect the entitlement of the participant to any benefits under chapter 30 or 33 of title 38 or chapter 1606 of this title.CommentsClose CommentsPermalink





‘(h) Participation by States-CommentsClose CommentsPermalink





‘(1) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF STATES- The Secretary may permit States participating in the Program to carry out activities authorized for such States under the Program through one or more consortia of such States.CommentsClose CommentsPermalink





‘(2) ASSISTANCE TO STATES- (A) Subject to subparagraph (B), the Secretary may make grants to States participating in the Program, or to consortia of such States, in order to permit such States or consortia of States to operate offices for purposes of recruiting eligible members of the armed forces for participation in the Program and facilitating the employment of participants in the Program as elementary school teachers, secondary school teachers, and vocational or technical teachers.CommentsClose CommentsPermalink





‘(B) The total amount of grants made under subparagraph (A) in any fiscal year may not exceed $5,000,000.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘1154. Troops-to-Teachers Program.’.CommentsClose CommentsPermalink





(c) Conforming Amendment- Section 1142(b)(4)(C) of such title is amended by striking ‘under sections 1152 and 1153 of this title and the Troops-to-Teachers Program under section 2302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6672)’ and inserting ‘under sections 1152, 1153, and 1154 of this title’.CommentsClose CommentsPermalink





(d) Termination of Original Program-CommentsClose CommentsPermalink





(1) TERMINATION-CommentsClose CommentsPermalink





(A) Chapter A of subpart 1 of part C of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) is repealed.CommentsClose CommentsPermalink





(B) The table of contents in section 2 of part I of the Elementary and Secondary Education Act of 1965 is amended by striking the items relating to chapter A of subpart 1 of part C of said Act.CommentsClose CommentsPermalink





(2) EXISTING AGREEMENTS- The repeal of such chapter shall not affect the validity or terms of any agreement entered into before the date of the enactment of this Act under chapter A of subpart 1 of part C of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.), or to pay assistance, make grants, or obtain reimbursement in connection with such an agreement as in effect before such repeal.CommentsClose CommentsPermalink





(e) Effective Date- The amendments made by this section shall take effect on the effective date of the transfer under subsection (a).CommentsClose CommentsPermalink

SEC. 600B. ENHANCEMENTS TO THE TROOPS-TO-TEACHERS PROGRAM.

(a) Years of Service Requirements- Subsection (d) of section 1154 title 10, United States Code, as added by section 600A, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘or’ at the end of subparagraph (B);CommentsClose CommentsPermalink





(B) by striking the period at the end of subparagraph (C) and inserting ‘; or’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(D) commencing on or after September 11, 2001, serves at least four years on active duty (as such term is defined in section 101(d)(1) of this title, except that such term does not include a period of service described in paragraphs (1) through (3) of section 3311(d) of title 38) in the Armed Forces (excluding service on active duty in entry level or skills training) and, after completion of such service, is discharged or released as follows:CommentsClose CommentsPermalink





‘(i) A discharge from active duty in the armed forces with an honorable discharge.CommentsClose CommentsPermalink





‘(ii) A release after service on active duty in the armed forces characterized by the Secretary concerned as honorable service and placement on the retired list, transfer to the Fleet Reserve or Fleet Marine Corps Reserve, or placement on the temporary disability retired list.CommentsClose CommentsPermalink





‘(iii) A release from active duty in the armed forces for further service in a reserve component of the armed forces after service on active duty characterized by the Secretary concerned as honorable service.’.CommentsClose CommentsPermalink





(b) Definition of Local Education Agency and Public Charter Schools- Such section is further amended as follows:CommentsClose CommentsPermalink





(1) Clause (i) of subsection (b)(2)(A) of such section is amended to read as follows:CommentsClose CommentsPermalink





‘(i) receiving grants under part A of title I, a Bureau-funded school (as such term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021(3)), or public charter school;’.CommentsClose CommentsPermalink





(2) In subsection (e)(1)(A)(ii), by striking ‘or public charter school receiving grants under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.)’ and inserting ‘receiving grants under part A of title I, a Bureau-funded school (as such term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021(3)) or public charter school’.CommentsClose CommentsPermalink





(c) Troops-to-teachers Advisory Board- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(f) Advisory Board-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- Not later than 120 days after the date of enactment of section 1154 of this title, the Secretary of Education and the Secretary of Defense shall establish an advisory board composed of--CommentsClose CommentsPermalink





‘(A) a representative from the Department of Defense;CommentsClose CommentsPermalink





‘(B) a representative from the Department of Education;CommentsClose CommentsPermalink





‘(C) representatives from 3 State offices that operate to recruit eligible members of the armed forces for participation in the Program and facilitating the employment of participants in the Program as elementary school teachers, secondary school teachers, and vocational or technical teachers; andCommentsClose CommentsPermalink





‘(D) a representative from each of 3 veteran service organizations.CommentsClose CommentsPermalink





‘(2) DUTIES- The advisory board established under subsection (a) shall--CommentsClose CommentsPermalink





‘(A) collect, consider, and disseminate feedback from participants and State offices described in subsection (a)(4) on--CommentsClose CommentsPermalink





‘(i) the best practices for improving recruitment of eligible members of the Armed Forces in States, local educational agencies, and public charter schools under served by the Program;CommentsClose CommentsPermalink





‘(ii) ensuring that high-need local educational agencies and public charter schools are aware of the Program and how to participate in it;CommentsClose CommentsPermalink





‘(iii) coordinating the goals of the Program with other Federal, State, and local education needs and programs; andCommentsClose CommentsPermalink





‘(iv) other activities that the advisory board deems necessary; andCommentsClose CommentsPermalink





‘(B) not later than 1 year after the date of the enactment of section 1154 of this title, and annually thereafter, prepare and submit a report to the Committees on Health, Education, Labor, and Pensions and Armed Services of the Senate and the Committees on Education and Labor and Armed Services of the House of Representatives, which shall include--CommentsClose CommentsPermalink





‘(i) information with respect to the activities of the advisory board;CommentsClose CommentsPermalink





‘(ii) information with respect to the Program, including--CommentsClose CommentsPermalink





‘(I) the number of participants in the Program;CommentsClose CommentsPermalink





‘(II) the number of States participating in the Program;CommentsClose CommentsPermalink





‘(III) local educational agencies and schools in where participants are employed;CommentsClose CommentsPermalink





‘(IV) the grade levels at which participants teach;CommentsClose CommentsPermalink





‘(V) the academic subjects taught by participants;CommentsClose CommentsPermalink





‘(VI) rates of retention of participants by the local educational agencies and public charter schools employing participant;CommentsClose CommentsPermalink





‘(VII) other demographic information as may be necessary to evaluate the effectiveness of the program; andCommentsClose CommentsPermalink





‘(VIII) a review of the stipend and bonus available to participants under paragraphs (3) and (4)(A) of subsection (d); andCommentsClose CommentsPermalink





‘(iii) recommendations for--CommentsClose CommentsPermalink





‘(I) improvements to local, State, and Federal recruitment and retention efforts;CommentsClose CommentsPermalink





‘(II) legislative or executive policy changes to improve the Program, enhance participant experience, and increase participation in the program; andCommentsClose CommentsPermalink





‘(III) other changes necessary to ensure that the Program is meeting the purpose described in subsection (b).’.CommentsClose CommentsPermalink

SEC. 600C. SUPPORT FROM DEPARTMENT OF EDUCATION TO HELP COVER COSTS OF NEW STATE PROGRAMS UNDER NATIONAL GUARD YOUTH CHALLENGE PROGRAM.

Paragraph (2) of section 509(d) of title 32, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(2) The limitation in paragraph (1) may not be construed as a limitation on the amount of assistance that may be provided to a State program of the Program for a fiscal year from sources other than the Department of Defense. Using funds available to the Department of Education, the Secretary of Education may provide assistance to cover the difference between the amount provided by the Department of Defense and the total costs of operating a new State program of the Program during the first three full fiscal years in which the new State program is in operation.’.CommentsClose CommentsPermalink

SEC. 600D. STUDY OF TREATMENT OF MEMBERS OF THE RESERVE COMPONENTS.

(a) Study- The Inspector General of the Department of Defense shall conduct a study of the treatment of members of the reserve components.CommentsClose CommentsPermalink





(b) Matters Included- The study under subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) An analysis of the treatment of members of the reserve components--CommentsClose CommentsPermalink





(A) at mobilization and demobilization sites of the Army, including warrior transition units and joint medical battalions; andCommentsClose CommentsPermalink





(B) during predeployment and postdeployment medical examinations under section 1074(f) of title 10, United States Code.CommentsClose CommentsPermalink





(2) An analysis of the quality of care, treatment, and information that members of the reserve components receive before, during, and after deployment.CommentsClose CommentsPermalink





(3) An analysis of patterns of treatment of members of the reserve components during the period following a deployment, including during medical examinations or other actions that could affect health care and disability benefits, as compared to the treatment of members of the regular components during such period.CommentsClose CommentsPermalink





(4) Identification of any improvements needed so that members of the reserve components and members of the regular components are treated equally.CommentsClose CommentsPermalink





(c) Report- Not later than December 31, 2010, the Inspector General shall submit to the congressional defense committees a report on the study under subsection (a).CommentsClose CommentsPermalink

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITSCommentsClose CommentsPermalink

Subtitle A--Pay and AllowancesCommentsClose CommentsPermalink

SEC. 601. FISCAL YEAR 2011 INCREASE IN MILITARY BASIC PAY.

(a) Waiver of Section 1009 Adjustment- The adjustment to become effective during fiscal year 2011 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.CommentsClose CommentsPermalink





(b) Increase in Basic Pay- Effective on January 1, 2011, the rates of monthly basic pay for members of the uniformed services are increased by 1.9 percent.CommentsClose CommentsPermalink

SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COUPLES WHEN ONE OR BOTH MEMBERS ARE ON SEA DUTY.

(a) In General- Subparagraph (C) of section 403(f)(2) of title 37, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(C) Notwithstanding section 421 of this title, a member of a uniformed service in a pay grade below pay grade E-6 who is assigned to sea duty and is married to another member of a uniformed service is entitled to a basic allowance for housing subject to the limitations of subsection (e).’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect on January 1, 2011.CommentsClose CommentsPermalink

SEC. 603. ALLOWANCES FOR PURCHASE OF REQUIRED UNIFORMS AND EQUIPMENT.

(a) Initial Allowance for Officers- Section 415 of title 37, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;CommentsClose CommentsPermalink





(B) by inserting ‘Allowance for Officers in the Armed Forces- (1)’ after ‘(a)’;CommentsClose CommentsPermalink





(C) by striking ‘$400’ and inserting ‘$500’; andCommentsClose CommentsPermalink





(D) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) The Secretary of a military department, with the approval of the Secretary of Defense, may increase the maximum amount of the allowance specified in paragraph (1) for officers of an armed force under the jurisdiction of the Secretary. The Secretary of Homeland Security, in the case of the Coast Guard when it is not operating as a service in the Navy, may increase the maximum amount of the allowance specified in paragraph (1) for officers of the Coast Guard.’;CommentsClose CommentsPermalink





(2) in subsection (b), by inserting ‘Exception- ’ after ‘(b)’; andCommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;CommentsClose CommentsPermalink





(B) by striking ‘An allowance of $250’ and inserting ‘Public Health Service Allowance- (1) An allowance of $300’; andCommentsClose CommentsPermalink





(C) by inserting ‘(2)’ before ‘An officer’.CommentsClose CommentsPermalink





(b) Additional Allowances- Section 416 of such title is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘$200’ and inserting ‘$250’; andCommentsClose CommentsPermalink





(2) in subsection (b)(1), by striking ‘$400’ and inserting ‘$500’.CommentsClose CommentsPermalink

SEC. 604. INCREASE IN AMOUNT OF FAMILY SEPARATION ALLOWANCE.

(a) Increase- Section 427(a)(1) of title 37, United States Code, is amended by striking ‘$250’ and inserting ‘$285’.CommentsClose CommentsPermalink





(b) Application of Amendment- The amendment made by subsection (a) shall take effect on October 1, 2010, and apply with respect to months beginning on or after that date.CommentsClose CommentsPermalink

SEC. 605. ONE-TIME SPECIAL COMPENSATION FOR TRANSITION OF ASSISTANTS PROVIDING AID AND ATTENDANCE CARE TO MEMBERS OF THE UNIFORMED SERVICES WITH CATASTROPHIC INJURIES OR ILLNESSES.

(a) Transition Compensation Authorized- Section 439 of title 37, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (d) the following new subsection (e):CommentsClose CommentsPermalink





‘(e) One-time Transitional Compensation Authorized- In addition to monthly special compensation payable under subsection (a), the Secretary concerned may pay to a member eligible for monthly special compensation a one-time payment of not more than $3,500 for the transition of assistants providing aid and attendance care to the member as described in subsection (b)(2).’.CommentsClose CommentsPermalink





(b) Conforming and Clerical Amendments- Such section is further amended--CommentsClose CommentsPermalink





(1) in subsection (c), by inserting ‘of Monthly Compensation’ after ‘Amount’;CommentsClose CommentsPermalink





(2) in subsection (d), by inserting ‘of Monthly Compensation’ after ‘Duration’; andCommentsClose CommentsPermalink





(3) in subsection (f), as redesignated by subsection (a)(1), by striking ‘Monthly special compensation payable to a member under this section’ and inserting ‘Special compensation paid to a member under subsection (a) or (e)’.CommentsClose CommentsPermalink

SEC. 606. EXPANSION OF DEFINITION OF SENIOR ENLISTED MEMBER TO INCLUDE SENIOR ENLISTED MEMBER SERVING WITHIN A COMBATANT COMMAND.

(a) Basic Pay- On and after January 1, 2011, for purposes of establishing the rates of monthly basic pay for members of the uniformed services, the senior enlisted member of the Armed Forces serving within a combatant command (as defined in section 161(c) of title 10, United States Code) shall be treated in the same manner as the Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, Master Chief Petty Officer of the Coast Guard, and Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.CommentsClose CommentsPermalink





(b) Rate of Basic Pay Used to Determine Retired Pay Base- Section 1406(i)(3)(B) of title 10, United States Code, is amended by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(vii) Senior enlisted member serving within a combatant command (as defined in section 161(c) of this title).’.CommentsClose CommentsPermalink





(c) Pay During Terminal Leave and While Hospitalized- Section 210(c) of title 37, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(7) The senior enlisted member serving within a combatant command (as defined in section 161(c) of title 10).’.CommentsClose CommentsPermalink

SEC. 607. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN EMPLOYEES FOR RESERVIST INCOME REPLACEMENT PAYMENTS ON ACCOUNT OF AVAILABILITY OF COMPARABLE BENEFITS UNDER ANOTHER PROGRAM.

(a) Ineligibility for Payments- Section 910(b) of title 37, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) A member of a reserve component who is otherwise entitled to a payment under this section is not entitled to the payment for any month during which the member is also a civilian employee of the Federal Government entitled to--CommentsClose CommentsPermalink





‘(A) a differential payment under section 5538 of title 5; orCommentsClose CommentsPermalink





‘(B) a comparable benefit under an administratively established program for civilian employees absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services.’.CommentsClose CommentsPermalink





(b) Effective Date- Subsection (b)(3) of section 910 of title 37, United States Code, as added by subsection (a), shall apply with respect to payments under such section for months beginning on or after the date of the enactment of this Act.CommentsClose CommentsPermalink

Subtitle B--Bonuses and Special and Incentive PaysCommentsClose CommentsPermalink

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.

The following sections of title 37, United States Code, are amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’:CommentsClose CommentsPermalink





(1) Section 308b(g), relating to Selected Reserve reenlistment bonus.CommentsClose CommentsPermalink





(2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.CommentsClose CommentsPermalink





(3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.CommentsClose CommentsPermalink





(4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.CommentsClose CommentsPermalink





(5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.CommentsClose CommentsPermalink





(6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.CommentsClose CommentsPermalink





(7) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.CommentsClose CommentsPermalink

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

(a) Title 10 Authorities- The following sections of title 10, United States Code, are amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’:CommentsClose CommentsPermalink





(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.CommentsClose CommentsPermalink





(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.CommentsClose CommentsPermalink





(b) Title 37 Authorities- The following sections of title 37, United States Code, are amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’:CommentsClose CommentsPermalink





(1) Section 302c-1(f), relating to accession and retention bonuses for psychologists.CommentsClose CommentsPermalink





(2) Section 302d(a)(1), relating to accession bonus for registered nurses.CommentsClose CommentsPermalink





(3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.CommentsClose CommentsPermalink





(4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.CommentsClose CommentsPermalink





(5) Section 302h(a)(1), relating to accession bonus for dental officers.CommentsClose CommentsPermalink





(6) Section 302j(a), relating to accession bonus for pharmacy officers.CommentsClose CommentsPermalink





(7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.CommentsClose CommentsPermalink





(8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.CommentsClose CommentsPermalink

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.

The following sections of title 37, United States Code, are amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’:CommentsClose CommentsPermalink





(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.CommentsClose CommentsPermalink





(2) Section 312b(c), relating to nuclear career accession bonus.CommentsClose CommentsPermalink





(3) Section 312c(d), relating to nuclear career annual incentive bonus.CommentsClose CommentsPermalink

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.

The following sections of title 37, United States Code, are amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’:CommentsClose CommentsPermalink





(1) Section 331(h), relating to general bonus authority for enlisted members.CommentsClose CommentsPermalink





(2) Section 332(g), relating to general bonus authority for officers.CommentsClose CommentsPermalink





(3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.CommentsClose CommentsPermalink





(4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.CommentsClose CommentsPermalink





(5) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.CommentsClose CommentsPermalink





(6) Section 351(i), relating to hazardous duty pay.CommentsClose CommentsPermalink





(7) Section 352(g), relating to assignment pay or special duty pay.CommentsClose CommentsPermalink





(8) Section 353(j), relating to skill incentive pay or proficiency bonus.CommentsClose CommentsPermalink





(9) Section 355(i), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.CommentsClose CommentsPermalink

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS.

The following sections of chapter 5 of title 37, United States Code, are amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’:CommentsClose CommentsPermalink





(1) Section 301b(a), relating to aviation officer retention bonus.CommentsClose CommentsPermalink





(2) Section 307a(g), relating to assignment incentive pay.CommentsClose CommentsPermalink





(3) Section 308(g), relating to reenlistment bonus for active members.CommentsClose CommentsPermalink





(4) Section 309(e), relating to enlistment bonus.CommentsClose CommentsPermalink





(5) Section 324(g), relating to accession bonus for new officers in critical skills.CommentsClose CommentsPermalink





(6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.CommentsClose CommentsPermalink





(7) Section 327(h), relating to incentive bonus for transfer between armed forces.CommentsClose CommentsPermalink





(8) Section 330(f), relating to accession bonus for officer candidates.CommentsClose CommentsPermalink

SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL BONUSES.

The following sections of title 10, United States Code, are amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’:CommentsClose CommentsPermalink





(1) Section 1030(i), relating to health professions referral bonus.CommentsClose CommentsPermalink





(2) Section 3252(h), relating to Army referral bonus.CommentsClose CommentsPermalink

SEC. 617. TREATMENT OF OFFICERS TRANSFERRING BETWEEN ARMED FORCES FOR RECEIPT OF AVIATION CAREER SPECIAL PAY.

Section 301b of title 37, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (g) the following new subsection (h):CommentsClose CommentsPermalink





‘(h) Treatment of Officers Transferring From One Armed Force to Another- (1) An officer who transfers from one armed force to another armed force shall receive the same compensation under this section as other officers in that armed force with the same number of years of aviation service performing similar aviation duties in the same weapon system, notwithstanding any additional active duty service obligation incurred as a result of the transfer.CommentsClose CommentsPermalink





‘(2) Until December 31, 2015, the Secretary concerned shall continue, regardless of the number of years of aviation service of an officer, to pay compensation under this section to an officer who transferred or transfers from one armed force to an armed force under the jurisdiction of the Secretary concerned until the officer receives the same number of years of benefits as officers in that armed force with the same number of years of aviation service performing similar aviation duties in the same weapon system. In calculating the years of benefits received, the Secretary concerned shall include any year during which the officer received compensation under this section before the transfer.CommentsClose CommentsPermalink





‘(3) An officer may not receive compensation under paragraph (2) for any period during which the officer is not qualified for compensation under subsection (b).’.CommentsClose CommentsPermalink

SEC. 618. INCREASE IN MAXIMUM AMOUNT OF SPECIAL PAY FOR DUTY SUBJECT TO HOSTILE FIRE OR IMMINENT DANGER OR FOR DUTY IN FOREIGN AREA DESIGNATED AS AN IMMINENT DANGER AREA.

(a) Special Pay for Duty Subject to Hostile Fire or Imminent Danger- Section 310(b)(1) of title 37, United States Code, is amended by striking ‘$225 a month’ and inserting ‘$260 a month’.CommentsClose CommentsPermalink





(b) Hazardous Duty Pay- Section 351(b)(3) of such title is amended by striking ‘$250 per month’ and inserting ‘$260 per month’.CommentsClose CommentsPermalink





(c) Application of Amendments- The amendments made by this section shall take effect on October 1, 2010, and apply with respect to months beginning on or after that date.CommentsClose CommentsPermalink

SEC. 619. SPECIAL PAYMENT TO MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE KILLED OR WOUNDED IN ATTACKS DIRECTED AT MEMBERS OR EMPLOYEES OUTSIDE OF COMBAT ZONE, INCLUDING THOSE KILLED OR WOUNDED IN CERTAIN 2009 ATTACKS.

(a) Treatment of Members and Civilians Killed or Wounded in Certain 2009 Attacks-CommentsClose CommentsPermalink





(1) TREATMENT- For purposes of all applicable Federal laws, regulations, and policies, a member of the Armed Forces or civilian employee of the Department of Defense who was killed or wounded in an attack described in paragraph (2) shall be deemed as follows:CommentsClose CommentsPermalink





(A) In the case of a member, to have been killed or wounded in a combat zone as the result of an act of an enemy of the United States.CommentsClose CommentsPermalink





(B) In the case of a civilian employee of the Department of Defense, to have been killed or wounded as the result of an act of an enemy of the United States while serving with the Armed Forces in a contingency operation.CommentsClose CommentsPermalink





(2) ATTACKS DESCRIBED- Paragraph (1) applies to--CommentsClose CommentsPermalink





(A) the attack that occurred at Fort Hood, Texas, on November 5, 2009; andCommentsClose CommentsPermalink





(B) the attack that occurred at a recruiting station in Little Rock, Arkansas, on June 1, 2009.CommentsClose CommentsPermalink





(3) EXCEPTION- Paragraph (1) shall not apply to a member of the Armed Forces or a civilian employee of the Department of Defense whose death or wound as described in paragraph (1) is the result of the misconduct of the member or employee, as determined by the Secretary of Defense.CommentsClose CommentsPermalink





(b) New Special Payment-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 17 of title 37, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 911. Special payment to members of the armed forces and civilian employees of the Department of Defense killed or wounded in attacks directed at members or employees outside of combat zone

‘(a) Special Payment Required- The Secretary of Defense shall pay to a member of the armed forces or a civilian employee of the Department of Defense who is wounded in an attack under the circumstances described in subsection (b), or to an eligible survivor if the member or employee is killed in the attack or dies from wounds sustained in the attack, an amount of compensation equal to the amount determined in subsection (c) that would have accrued--CommentsClose CommentsPermalink





‘(1) in the case of a member, on behalf of a member killed or wounded in a combat zone; andCommentsClose CommentsPermalink





‘(2) in the case of an employee, on behalf of an employee killed or wounded while serving with the Armed Forces in a contingency operation.CommentsClose CommentsPermalink





‘(b) Covered Attacks-CommentsClose CommentsPermalink





‘(1) ATTACKS DESCRIBED- Except as provided in paragraph (2), an attack covered by subsection (a) is any assault or battery resulting in bodily injury or death committed by an individual who the Secretary of Defense determines knowingly targeted--CommentsClose CommentsPermalink





‘(A) a member of the armed forces on account of the military service of the member or the status of member as a member of the Armed Forces; orCommentsClose CommentsPermalink





‘(B) a civilian employee of the Department of Defense on account of the employee’s employment with the Department of Defense or affiliation with the Department of Defense.CommentsClose CommentsPermalink





‘(2) GEOGRAPHIC EXCLUSION- Subsection (a) does not apply to any attack that--CommentsClose CommentsPermalink





‘(A) occurs in a combat zone; orCommentsClose CommentsPermalink





‘(B) in the case of a civilian employee of the Department, occurs while the employee is serving with the armed forces in a contingency operation.CommentsClose CommentsPermalink





‘(c) Calculation of Compensation Amount- The Secretary of Defense shall identify, in consultation with all relevant Federal agencies, including the Department of Veterans Affairs and the Internal Revenue Service, all Federal benefits provided to members of the armed forces and civilian employees of the Department of Defense killed or wounded in a combat zone, including special pays and the value of Federal tax advantages accruing because certain benefits are not subject to Federal income tax. The Secretary shall exclude from the calculation any Federal benefits provided regardless of the geographic location or circumstances of the death or injuries.CommentsClose CommentsPermalink





‘(d) Exclusion of Certain Individuals- Subsection (a) shall not apply to a member of the armed forces or civilian employee of the Department of Defense whose death or wound as described in subsection (b) is the result of the misconduct of the member or employee, as determined by the Secretary of Defense.CommentsClose CommentsPermalink





‘(e) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) The term ‘armed forces’ means the Army, Navy, Air Force, and Marine Corps.CommentsClose CommentsPermalink





‘(2) The term ‘combat zone’ means a combat operation or combat zone designated by the Secretary of Defense.CommentsClose CommentsPermalink





‘(3) The term ‘eligible survivor’ refers to the persons eligible to receive a death gratuity payment under section 1477 of title 10. In the case of a deceased member or employee, the eligible survivor who will receive the payment under subsection (a) shall be determined as provided in such section.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘911. Special payment to members of the armed forces and civilian employees of the Department of Defense killed or wounded in attacks directed at members or employees outside of combat zone.’.CommentsClose CommentsPermalink





(3) RETROACTIVE APPLICATION- Section 911 of title 37, United States Code, as added by paragraph (1), shall apply to any attack described in subsection (b) of such section occurring on or after November 6, 2009.CommentsClose CommentsPermalink





(c) Purple Heart- This section and the amendments made by this section shall not be construed to prohibit, authorize, or require the award of the Purple Heart to any member of the Armed Forces.CommentsClose CommentsPermalink

Subtitle C--Travel and Transportation AllowancesCommentsClose CommentsPermalink

SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION ALLOWANCES FOR INACTIVE DUTY TRAINING OUTSIDE OF NORMAL COMMUTING DISTANCES.

Section 408a(e) of title 37, United States Code, is amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’.CommentsClose CommentsPermalink

SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR ATTENDANCE OF DESIGNATED PERSONS AT YELLOW RIBBON REINTEGRATION EVENTS.

(a) Payment of Travel Costs Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 7 of title 37, United States Code, is amended by inserting after section 411k the following new section:CommentsClose CommentsPermalink

‘Sec. 411l. Travel and transportation allowances: attendance of designated persons at Yellow Ribbon Reintegration events

‘(a) Allowance to Facilitate Attendance- Under uniform regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (c) may be provided for a person designated pursuant to subsection (b) to attend an event conducted under the Yellow Ribbon Reintegration Program established pursuant to section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note) if the Secretary concerned determines that the presence of the person may contribute to the purposes of the event.CommentsClose CommentsPermalink





‘(b) Covered Persons- A member of the uniformed services who is eligible to attend a Yellow Ribbon Reintegration Program event may designate one or more persons, including another member of the uniformed services, for purposes of receiving travel and transportation described in subsection (c) to attend a Yellow Ribbon Reintegration Program event. The designation of a person for purposes of this section may be changed at any time.CommentsClose CommentsPermalink





‘(c) Authorized Travel and Transportation- (1) The transportation authorized by subsection (a) for a person designated under subsection (b) is round-trip transportation between the home or place of business of the person and the location of the Yellow Ribbon Reintegration Program event.CommentsClose CommentsPermalink





‘(2) In addition to the transportation authorized by subsection (a), the Secretary concerned may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established under section 404(d) of this title.CommentsClose CommentsPermalink





‘(3) The transportation authorized by subsection (a) may be provided by any of the following means:CommentsClose CommentsPermalink





‘(A) Transportation in-kind.CommentsClose CommentsPermalink





‘(B) A monetary allowance in place of transportation in-kind at a rate to be prescribed by the Secretaries concerned.CommentsClose CommentsPermalink





‘(C) Reimbursement for the commercial cost of transportation.CommentsClose CommentsPermalink





‘(4) An allowance payable under this subsection may be paid in advance.CommentsClose CommentsPermalink





‘(5) Reimbursement payable under this subsection may not exceed the cost of Government-procured commercial round-trip air travel.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item related to section 411k the following new item:CommentsClose CommentsPermalink





‘411l. Travel and transportation allowances: attendance of designated persons at Yellow Ribbon Reintegration events.’.CommentsClose CommentsPermalink





(b) Applicability- No reimbursement may be provided under section 411l of title 37, United States Code, as added by subsection (a), for travel and transportation costs incurred before September 30, 2010.CommentsClose CommentsPermalink

SEC. 633. MILEAGE REIMBURSEMENT FOR USE OF PRIVATELY OWNED VEHICLES.

(a) Use of Single Standard Mileage Rate Established by IRS- Section 5704(a)(1) of title 5, United States Code, is amended by striking ‘shall not exceed’ and inserting ‘shall be equal to’.CommentsClose CommentsPermalink





(b) Prescription of Mileage Reimbursement Rates- Section 5707(b) of such title is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking subparagraph (A) and inserting the following new subparagraph:CommentsClose CommentsPermalink





‘(A) The Administrator of General Services shall conduct periodic investigations of the cost of travel and the operation of privately owned airplanes and privately owned motorcycles by employees while engaged on official business, and shall report the results of such investigations to Congress at least once a year.’; andCommentsClose CommentsPermalink





(2) in paragraph (2)(A), by striking clause (i) and inserting the following new clause:CommentsClose CommentsPermalink





‘(i) shall prescribe a mileage reimbursement rate for privately owned automobiles which equals, as provided in section 5704(a)(1) of this title, the single standard mileage rate established by the Internal Revenue Service, and’.CommentsClose CommentsPermalink

Subtitle D--Retired Pay and Survivor BenefitsCommentsClose CommentsPermalink

SEC. 641. ELIMINATION OF CAP ON RETIRED PAY MULTIPLIER FOR MEMBERS WITH GREATER THAN 30 YEARS OF SERVICE WHO RETIRE FOR DISABILITY.

(a) Computation of Retired Pay- The table in section 1401(a) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in the column designated ‘Column 2’, by inserting ‘, not to exceed 75%,’ after ‘percentage of disability’ both places it appears; andCommentsClose CommentsPermalink





(2) by striking column 4.CommentsClose CommentsPermalink





(b) Recomputation of Retired or Retainer Pay to Reflect Later Active Duty of Members Who First Became Members Before September 8, 1980- The table in section 1402(d) of such title is amended--CommentsClose CommentsPermalink





(1) in the column designated ‘Column 2’, by inserting ‘, not to exceed 75%,’ after ‘percentage of disability’; andCommentsClose CommentsPermalink





(2) by striking column 4.CommentsClose CommentsPermalink





(c) Recomputation of Retired or Retainer Pay to Reflect Later Active Duty of Members Who First Became Members After September 7, 1980- The table in section 1402a(d) of such title is amended--CommentsClose CommentsPermalink





(1) in the column designated ‘Column 2’, by inserting ‘, not to exceed 75 percent,’ after ‘percentage of disability’; andCommentsClose CommentsPermalink





(2) by striking column 4.CommentsClose CommentsPermalink





(d) Application of Amendments- The tables in sections 1401(a), 1402(d), and 1402a(d) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act, shall continue to apply to the computation or recomputation of retired or retainer pay for persons who first became entitled to retired or retainer pay under subtitle A of such title on or before the date of the enactment of this Act. The amendments made by this section shall apply only with respect to persons who first become entitled to retired or retainer pay under such subtitle after that date.CommentsClose CommentsPermalink

SEC. 642. EQUITY IN COMPUTATION OF DISABILITY RETIRED PAY FOR RESERVE COMPONENT MEMBERS WOUNDED IN ACTION.

Section 1208(b) of title 10, United States Code, is amended by adding at the end the following new sentence: ‘However, in the case of such a member who is retired under this chapter, or whose name is placed on the temporary disability retired list under this chapter, because of a disability incurred after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011, for which the member is awarded the Purple Heart, the member shall be credited, for the purposes of this chapter, with the number of years of service that would be counted if computing the member’s years of service under section 12732 of this title.’.CommentsClose CommentsPermalink

SEC. 643. ELIMINATION OF THE AGE REQUIREMENT FOR HEALTH CARE BENEFITS FOR NON-REGULAR SERVICE RETIREES.

Section 1074(b) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘(1)’; andCommentsClose CommentsPermalink





(2) by striking paragraph (2).CommentsClose CommentsPermalink

SEC. 644. CLARIFICATION OF EFFECT OF ORDERING RESERVE COMPONENT MEMBER TO ACTIVE DUTY TO RECEIVE AUTHORIZED MEDICAL CARE ON REDUCING ELIGIBILITY AGE FOR RECEIPT OF NON-REGULAR SERVICE RETIRED PAY.

Section 12731(f)(2)(B) of title 10, United States Code, is amended by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(iii) If a member described in subparagraph (A) is wounded or otherwise injured or becomes ill while serving on active duty pursuant to a call or order to active duty under a provision of law referred to in the first sentence of clause (i) or in clause (ii), and the member is then ordered to active duty under section 12301(h)(1) of this title to receive medical care for the wound injury, or illness, each day of active duty under that order for medical care shall be treated as a continuation of the original call or order to active duty for purposes of reducing the eligibility age of the member under this paragraph.’.CommentsClose CommentsPermalink

SEC. 645. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR RECIPIENTS OF PRE-SURVIVOR BENEFIT PLAN ANNUITY AFFECTED BY REQUIRED OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION.

Section 644 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 1448 note) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink





‘(c) Special Survivor Indemnity Allowance- (1) The Secretary concerned shall pay a monthly special survivor indemnity allowance under this subsection to a qualified surviving spouse described in subsection (a) if--CommentsClose CommentsPermalink





‘(A) the surviving spouse is entitled to dependency and indemnity compensation under section 1311(a) of title 38, United States Code; andCommentsClose CommentsPermalink





‘(B) the amount of the annuity to which the surviving spouse is entitled under subsection (b) is affected by paragraph (2)(A) of such subsection.CommentsClose CommentsPermalink





‘(2) Subject to paragraph (3), the amount of the special survivor indemnity allowance paid to surviving spouse under paragraph (1) for a month shall be equal to--CommentsClose CommentsPermalink





‘(A) for months during fiscal year 2009, $50;CommentsClose CommentsPermalink





‘(B) for months during fiscal year 2010, $60;CommentsClose CommentsPermalink





‘(C) for months during fiscal year 2011, $70;CommentsClose CommentsPermalink





‘(D) for months during fiscal year 2012, $80;CommentsClose CommentsPermalink





‘(E) for months during fiscal year 2013, $90;CommentsClose CommentsPermalink





‘(F) for months during fiscal year 2014, $150;CommentsClose CommentsPermalink





‘(G) for months during fiscal year 2015, $200;CommentsClose CommentsPermalink





‘(H) for months during fiscal year 2016, $275; andCommentsClose CommentsPermalink





‘(I) for months during fiscal year 2017, $310.CommentsClose CommentsPermalink





‘(3) The amount of the special survivor indemnity allowance paid to an eligible survivor under paragraph (1) for any month may not exceed the amount of the annuity for that month that is subject to offset under subsection (b)(2)(A).CommentsClose CommentsPermalink





‘(4) A special survivor indemnity allowance paid under paragraph (1) does not constitute an annuity, and amounts so paid are not subject to adjustment under any other provision of law.CommentsClose CommentsPermalink





‘(5) The special survivor indemnity allowance shall be paid under paragraph (1) from amounts in the Department of Defense Military Retirement Fund established under section 1461 of title 10, United States Code.CommentsClose CommentsPermalink





‘(6) Subject to paragraph (7), this subsection shall only apply with respect to the month that began on October 1, 2008, and subsequent months through the month ending on September 30, 2017. As soon as practicable after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011, the Secretary concerned shall pay, in a lump sum, the total amount of the special survivor indemnity allowances due under paragraph (1) to a qualified surviving spouse for months since October 1, 2008, through the month in which the first allowance is paid under paragraph (1) to the qualified surviving spouse.CommentsClose CommentsPermalink





‘(7) Effective on October 1, 2017, the authority provided by this subsection shall terminate. No special survivor indemnity allowance may be paid to any person by reason of this subsection for any period before October 1, 2008, or beginning on or after October 1, 2017.’.CommentsClose CommentsPermalink

SEC. 646. PAYMENT DATE FOR RETIRED AND RETAINER PAY.

(a) Setting Payment Date- Section 1412 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘Amounts’ and inserting ‘(a) Rounding- Amounts’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(b) Payment Date- Amounts of retired pay and retainer pay due a retired member of the uniformed services shall be paid on the first day of each month beginning after the month in which the right to such pay accrues.’.CommentsClose CommentsPermalink





(b) Clerical Amendments-CommentsClose CommentsPermalink





(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 1412. Administrative provisions’.

(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 1412 and inserting the following new item:CommentsClose CommentsPermalink





‘1412. Administrative provisions.’.CommentsClose CommentsPermalink





(c) Effective Date- Subsection (b) of section 1412 of title 10, United States Code, as added by subsection (a), shall apply beginning with the first month that begins more than 30 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 647. SENSE OF CONGRESS CONCERNING AGE AND SERVICE REQUIREMENTS FOR RETIRED PAY FOR NON-REGULAR SERVICE.

It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the amendments made to section 12731 of title 10, United States Code, by section 647 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 160) were intended to reduce the minimum age at which members of a reserve component of the Armed Forces would begin receiving retired pay according to time spent deployed, by three months for every 90-day period spent on active duty over the course of a career, rather than limiting qualifying time to such periods wholly served within the same fiscal year, as interpreted by the Department of Defense; andCommentsClose CommentsPermalink





(2) steps should be taken to correct this erroneous interpretation by the Department of Defense in order to ensure reserve component members receive the full retirement benefits intended to be provided by such section 12731.CommentsClose CommentsPermalink

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits and OperationsCommentsClose CommentsPermalink

SEC. 651. SHARED CONSTRUCTION COSTS FOR SHOPPING MALLS OR SIMILAR FACILITIES CONTAINING A COMMISSARY STORE AND ONE OR MORE NONAPPROPRIATED FUND INSTRUMENTALITY ACTIVITIES.

Section 2484(h)(2) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraph (B) as subparagraph (C) and, in such subparagraph, by striking ‘subparagraph (A)’ and inserting ‘this paragraph’;CommentsClose CommentsPermalink





(2) in the first sentence of subparagraph (A), by inserting ‘the Defense Commissary Agency or’ after ‘may authorize’;CommentsClose CommentsPermalink





(3) by designating the second sentence of subparagraph (A) as subparagraph (B) and, in such subparagraph, by striking ‘The Secretary may’ and inserting the following: ‘If the construction contract is entered into by a nonappropriated fund instrumentality, the Secretary of Defense may’; andCommentsClose CommentsPermalink





(4) by adding at the end of subparagraph (B), as designated by paragraph (3), the following new sentence: ‘If the construction contract is entered into by the Defense Commissary Agency, the Secretary may authorize the Defense Commissary Agency accept reimbursement from a nonappropriated fund instrumentality for the portion of the cost of the contract that is attributable to construction for nonappropriated fund instrumentality activities.’.CommentsClose CommentsPermalink

SEC. 652. ADDITION OF DEFINITION OF MORALE, WELFARE, AND RECREATION TELEPHONE SERVICES FOR USE IN CONTRACTS TO PROVIDE SUCH SERVICES FOR MILITARY PERSONNEL SERVING IN COMBAT ZONES.

Section 885 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 265; 10 U.S.C. 2304 note) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Morale, Welfare, and Recreation Telephone Services Defined- In this section, the term ‘morale, welfare, and recreation telephone services’ means unofficial telephone calling center services supporting calling centers provided by the Army and Air Force Exchange Service, Navy Exchange Service Command, Marine Corps exchanges, or any other nonappropriated fund instrumentality of the United States under the jurisdiction of the Armed Forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.’.CommentsClose CommentsPermalink

SEC. 653. FEASIBILITY STUDY ON ESTABLISHMENT OF FULL EXCHANGE STORE IN THE NORTHERN MARIANA ISLANDS.

(a) Study Required- The Secretary of Defense shall conduct a study to determine the feasibility of replacing the ‘Shoppette’ of the Army and Air Force Exchange Service in the Northern Mariana Islands with a full-service exchange store. In conducting the study, the Secretary shall consider the welfare of members of the Armed Forces serving in the Northern Mariana Islands and dependents of members residing in the Northern Mariana Islands.CommentsClose CommentsPermalink





(b) Submission of Results- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of the study conducted under subsection (a).CommentsClose CommentsPermalink

SEC. 654. CONTINUED OPERATION OF COMMISSARY AND EXCHANGE STORES SERVING BRUNSWICK NAVAL AIR STATION, MAINE.

The Secretary of Defense shall provide for the continued operation of each commissary or exchange store serving Brunswick Naval Air Station, Maine, through September 30, 2011, and may not take any action to reduce or to terminate the sale of goods at such stores during fiscal year 2011.CommentsClose CommentsPermalink

Subtitle F--Alternative Career Track Pilot ProgramCommentsClose CommentsPermalink

SEC. 661. PILOT PROGRAM TO EVALUATE ALTERNATIVE CAREER TRACK FOR COMMISSIONED OFFICERS TO FACILITATE AN INCREASED COMMITMENT TO ACADEMIC AND PROFESSIONAL EDUCATION AND CAREER-BROADENING ASSIGNMENTS.

(a) Program Authorized- Chapter 39 of title 10, United States Code, is amended by inserting after section 672 the following new section:CommentsClose CommentsPermalink

‘Sec. 673. Alternative career track for commissioned officers pilot program

‘(a) Program Authorized- (1) Under regulations prescribed pursuant to subsection (g) and approved by the Secretary of Defense, the Secretary of a military department may establish a pilot program for an armed force under the jurisdiction of the Secretary under which an eligible commissioned officer, while on active duty--CommentsClose CommentsPermalink





‘(A) participates in a separate career track characterized by expanded career opportunities extending over a longer career;CommentsClose CommentsPermalink





‘(B) agrees to an additional active duty service obligation of at least five years to be served concurrently with other active duty service obligations; andCommentsClose CommentsPermalink





‘(C) would be required to accept further active duty service obligations, as determined by the Secretary, to be served concurrently with other active duty service obligations, including the active duty service obligation accepted under subparagraph (B), in connection with the officer’s entry into education programs, selection for career broadening assignments, acceptance of additional special and incentive pays, or selection for promotion.CommentsClose CommentsPermalink





‘(2) The Secretary of the military department concerned may waive an active duty service obligation accepted under subparagraph (B) or (C) of paragraph (1) to facilitate the separation or retirement of a participant in the program.CommentsClose CommentsPermalink





‘(3) The program shall be known as the ‘Alternative Career Track Pilot Program’ (in this section referred to as the ‘program’).CommentsClose CommentsPermalink





‘(b) Eligible Officers- Commissioned officers with between 13 and 18 years of service are eligible to volunteer to participate in the program.CommentsClose CommentsPermalink





‘(c) Number of Participants- No more than 50 officers of each armed force may be selected per year to participate in the program.CommentsClose CommentsPermalink





‘(d) Alternative Career Elements of Program- (1) The Secretaries of the military departments may establish separate basic pay and special and incentive pay and promotion systems unique to the officers participating in the program, without regard to the requirements of this title, title 37, or administrative year group cohort designation.CommentsClose CommentsPermalink





‘(2) The Secretaries of the military departments may establish separation and retirement policies for officers participating in the program without regard to grade and years of service requirements established under this title.CommentsClose CommentsPermalink





‘(3) Participants serving in a grade below brigadier general or rear admiral (lower half) may serve in the grade without regard to the limits on the number of officers in the grade established under this title.CommentsClose CommentsPermalink





‘(e) Treatment of General and Flag Officer Participants- (1) A participant serving in a grade above colonel, or captain in the Navy, but below lieutenant general or vice admiral, shall be--CommentsClose CommentsPermalink





‘(A) counted for purposes of general officer and flag officer limits on grade and the total number serving as general officers and flag officers, if the participant is serving in a position requiring the assignment of a military officer; butCommentsClose CommentsPermalink





‘(B) excluded from limits on grade and the total number serving as general officers and flag officers, if the participant is serving in a position not typically occupied by a military officer.CommentsClose CommentsPermalink





‘(2) A participant serving in the grade of lieutenant general, vice admiral, general, or admiral shall be counted for purposes of general officer and flag officer limits on grade and the total number serving as general officers and flag officers.CommentsClose CommentsPermalink





‘(f) Return to Standard Career Path; Effect- (1) The Secretaries of the military departments retain the authority to involuntarily return an officer to the standard career path.CommentsClose CommentsPermalink





‘(2) The Secretary of the military department concerned may return an officer to the standard career path at the request of the officer.CommentsClose CommentsPermalink





‘(3) If the program is terminated pursuant to paragraph (4) or (5) of subsection (i), officers participating in the program at the time of the termination shall be returned to the standard career path with appropriate adjustments to their administrative record to ensure they are not penalized for participating in the pilot program.CommentsClose CommentsPermalink





‘(4) An officer returned to the standard career path under paragraph (1), (2), or (3) shall retain the grade, date-of-rank, and basic pay level earned while a participant in the program but shall revert to the special and incentive pay authorities established in title 37 upon the expiration of the agreement between the Secretary and the officer providing any special and incentive pays under the program. Subsequent increases in the officer’s rate of monthly basic pay shall conform to the annual percentage increases in basic pay rates provided in the basic pay table.CommentsClose CommentsPermalink





‘(5) Services will adjust the participating officer’s cohort year group to the appropriate year to ensure the officer remains competitive for all promotions and command opportunities in their standard career path.CommentsClose CommentsPermalink





‘(g) Annual Report- (1) The Secretaries of the military departments, in cooperation with the Secretary of Defense, shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report containing the findings and recommendations of the Secretary of Defense and the Secretaries of the military departments concerning the progress of the program for each armed force.CommentsClose CommentsPermalink





‘(2) The Secretary of a military department, with the consent of the Secretary of Defense, may include in the report for a year a recommendation that the program be made permanent for an armed force under the jurisdiction of that Secretary.CommentsClose CommentsPermalink





‘(h) Regulations- The Secretary of each military department shall prescribe regulations to carry out the program. The regulations shall be subject to the approval of the Secretary of Defense.CommentsClose CommentsPermalink





‘(i) Commencement; Duration- (1) Before authorizing the commencement of the program for an armed force, the Secretary of the military department concerned, with the consent of the Secretary of Defense, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the detailed program structure of the alternative career track, associated personnel and compensation policies, implementing instructions and regulations, and a summary of the specific provisions of this title and title 37 to be waived under the program. The authority to conduct the program for that armed force commences 120 days after the date of the submission of the report.CommentsClose CommentsPermalink





‘(2) The Secretary of the military department concerned, with the consent of the Secretary of Defense, may authorize revision of the program structure, associated personnel and compensation policies, implementing instructions and regulations, or laws waived, as submitted by the Secretary under paragraph (1). The Secretary of the military department concerned, with the consent of the Secretary of Defense, shall submit the proposed revisions to the Committees on Armed Services of the Senate and House of Representatives. The revisions shall take effect 120 days after the date of their submission.CommentsClose CommentsPermalink





‘(3) If the program for an armed force has not commenced before December 31, 2015, as provided in paragraph (1), the authority to commence the program for that armed force terminates.CommentsClose CommentsPermalink





‘(4) No officer may be accepted to participate in the program after December 31, 2026.CommentsClose CommentsPermalink





‘(5) The Secretary of the military department concerned, with the consent of the Secretary of Defense, may terminate the pilot program for an armed force before the date specified in paragraph (4). Not later than 90 days after terminating the pilot program, the Secretary of the military department concerned, in cooperation with the Secretary of Defense, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the reasons for the termination.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 672 the following new item:CommentsClose CommentsPermalink





‘673. Alternative career track for commissioned officers pilot program.’.CommentsClose CommentsPermalink

Subtitle G--Other MattersCommentsClose CommentsPermalink

SEC. 671. PARTICIPATION OF MEMBERS OF THE ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM IN ACTIVE DUTY HEALTH PROFESSION LOAN REPAYMENT PROGRAM.

Section 2173(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) The person is enrolled in the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of this title for a number of years less than the number of years required to complete the normal length of the course of study required for the specific health profession.’.CommentsClose CommentsPermalink

SEC. 672. RETENTION OF ENLISTMENT, REENLISTMENT, AND STUDENT LOAN BENEFITS RECEIVED BY MILITARY TECHNICIANS (DUAL STATUS).

(a) Treatment of Enlistment, Reenlistment, and Student Loan Benefits- Section 10216 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(h) Retention of Bonuses and Other Benefits- If an individual is first employed as a military technician (dual status) while the individual is already a member of a reserve component, the Secretary concerned may not--CommentsClose CommentsPermalink





‘(1) require the individual to repay any enlistment, reenlistment, or affiliation bonus provided to the individual in connection with the individual’s enlistment or reenlistment before such employment; orCommentsClose CommentsPermalink





‘(2) terminate the individual’s participation in an educational loan repayment program under chapter 1609 of this title if the individual began such participation before such employment.’.CommentsClose CommentsPermalink





(b) Effective Date- Subsection (h) of section 10216 of title 10, United States Code, as added by subsection (a), shall apply only with respect to individuals who are first employed as a military technician (dual status), as described in subsection (a)(1) of such section 10216, more than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 673. CANCELLATION OF LOANS OF MEMBERS OF THE ARMED FORCES MADE FROM STUDENT LOAN FUNDS.

Section 465(a) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(8) For the purpose of this subsection, the term ‘year of service’ where applied to service by a member of the Armed Forces described in paragraph (2)(D) means a qualified tour of duty that--CommentsClose CommentsPermalink





‘(A) is for 6 months or longer; orCommentsClose CommentsPermalink





‘(B) was less than 6 months because the member was discharged or released from active duty in the Armed Forces for an injury or disability incurred in or aggravated by service in the Armed Forces.’.CommentsClose CommentsPermalink

SEC. 674. REPORT ON PROVISION OF ADDITIONAL INCENTIVES FOR RECRUITMENT AND RETENTION OF HEALTH CARE PROFESSIONALS FOR RESERVE COMPONENTS.

Not later than 90 days after the date of the enactment of this Act, the Surgeons General of the Army, Navy, and Air Force shall submit to Congress a report on their staffing needs for health care professionals in the active and reserve components of the Armed Forces. The report shall specifically identify the positions in most critical need for additional health care professionals, including the number of physicians needed and whether additional behavioral health professionals, such as psychologists and psychiatrists, are needed to treat members of the Armed Forces for the growing concerns of post traumatic stress disorder and traumatic brain injury. The report shall include recommendations for providing incentives for health care professionals with more than 20 years of clinical experience to join the active or reserve components, including whether changes in age or length of service requirements to qualify for partial retired pay for non-regular service could be used as a recruitment or retention incentives.CommentsClose CommentsPermalink

SEC. 675. FLEXIBLE COMMENCEMENT DATES FOR AVAILABILITY OF HOMEOWNER ASSISTANCE FOR MEMBERS OF THE ARMED FORCES PERMANENTLY REASSIGNED DURING MORTGAGE CRISIS.

(a) Modification of Reassignment, Purchase, and Sale Dates- Subsection (a)(3) of section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (C), by striking ‘or an earlier end date designated by the Secretary’ and by inserting ‘or an earlier start or end date designated by the Secretary under subsection (c)(3)(C) for a specific military base or installation’;CommentsClose CommentsPermalink





(2) in subparagraph (D), by inserting ‘, or a later purchase date designated by the Secretary under subsection (c)(3)(C) for a specific military base or installation’ after ‘July 1, 2006’; andCommentsClose CommentsPermalink





(3) in subparagraph (E), by striking ‘between July 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary’ and inserting ‘between the purchase date in effect for the military base or installation under subparagraph (D) and the end date in effect for the military base or installation under subparagraph (D)’.CommentsClose CommentsPermalink





(b) Modification Process- Subsection (c)(3) of such section is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(C) MODIFICATION OF REASSIGNMENT, PURCHASE, AND SALE DATES- In exercising the authority under subsection (a)(3) to designate different reassignment, purchase, and sale dates for a specific military base or installation, the Secretary of Defense shall consult with the Secretary of Housing and Urban Development and the Secretary of the Treasury regarding the condition of housing markets in the area of the base or installation so that the Secretary of Defense has the information needed to effectively assist members of the Armed Forces and their families.’.CommentsClose CommentsPermalink

SEC. 676. EXCLUSION OF PERSONS CONVICTED OF COMMITTING CERTAIN SEX OFFENSES FROM RECEIVING CERTAIN BURIAL-RELATED BENEFITS AND FUNERAL HONORS.

(a) Prohibition Against Interment or Memorialization in National Cemetery Administration, Arlington National Cemetery, and Certain State Veterans’ Cemeteries; Prohibition Against Provision of Presidential Memorial Certificate, Flag, and Headstone or Marker- Section 2411(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) A person who is classified as a tier III sex offender under the Sex Offender Registration and Notification Act.’.CommentsClose CommentsPermalink





(b) Rule of Construction- Nothing in this Act shall be construed to terminate any benefit available to any person except those benefits specifically terminated by the amendment made by subsection (a).CommentsClose CommentsPermalink





(c) Effective Date- The amendment made by subsection (a) shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act.CommentsClose CommentsPermalink





(d) Constitutional Authority- The constitutional authority on which this section rests is the power of Congress to make rules for the government and regulation of the land and naval forces, as enumerated in article I, section 8, clause 14 of the United States Constitution.CommentsClose CommentsPermalink

SEC. 677. SCHOLARSHIP PROGRAM FOR VETERANS FOR PURSUIT OF GRADUATE AND POST-GRADUATE DEGREES IN BEHAVIORAL HEALTH SCIENCES.

(a) Scholarship Program-CommentsClose CommentsPermalink





(1) PROGRAM- The Secretary of Veterans Affairs shall carry out a program to provide scholarships to qualifying veterans for pursuit of a graduate or post-graduate degree in behavioral health sciences.CommentsClose CommentsPermalink





(2) DESIGNATION- The program carried out under this section shall be known as the ‘Department of Veterans Affairs HONOR Scholarship Program’ (in this section referred to as the ‘scholarship program’).CommentsClose CommentsPermalink





(b) Qualifying Veterans- For purposes of this section, a qualifying veteran is any veteran who--CommentsClose CommentsPermalink





(1) during service on active duty in the Armed Forces, participated for such period as the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall specify for purposes of the scholarship program in a theater of combat or during a contingency operation overseas;CommentsClose CommentsPermalink





(2) was retired, discharged, separated, or released from service in the Armed Forces on or after a date (not earlier than August 2, 1990) specified by the Secretary of Defense for purposes of the scholarship program;CommentsClose CommentsPermalink





(3) at the time of the submittal of an application to participate in the scholarship program, holds an undergraduate or graduate degree, as applicable, from an institution of higher education that qualifies the veteran for pursuit of a graduate or post-graduate degree in behavioral sciences; andCommentsClose CommentsPermalink





(4) meets such other qualifications as the Secretary of Veterans Affairs may establish for purposes of the scholarship program.CommentsClose CommentsPermalink





(c) Application- Each qualifying veteran seeking to participate in the scholarship program shall submit to the Secretary of Veterans Affairs an application therefor setting forth such information as the Secretary shall specify for purposes of the scholarship program.CommentsClose CommentsPermalink





(d) Agreement- Each qualifying veteran selected by the Secretary of Veterans Affairs for participation in the scholarship program shall enter into an agreement with the Secretary regarding participation in the scholarship program. The agreement shall contain such terms and conditions as the Secretary shall specify for purposes of the scholarship program.CommentsClose CommentsPermalink





(e) Scholarships-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Veterans Affairs shall provide to each qualifying veteran who enters into an agreement under subsection (d) a scholarship for such number of academic years as the Secretary shall specify in the agreement for pursuit of a graduate or post-graduate degree in behavioral health sciences at an institution of higher education offering such degree that is approved by the Secretary for purposes of the scholarship program.CommentsClose CommentsPermalink





(2) ELEMENTS- The scholarship provided a qualifying veteran for an academic year shall consist of payment of the following:CommentsClose CommentsPermalink





(A) Tuition of the qualifying veteran for pursuit of the graduate or post-graduate degree concerned in the academic year.CommentsClose CommentsPermalink





(B) Reasonable educational expenses of the qualifying veteran (including fees, books, and laboratory expenses) in pursuit of such degree in the academic year.CommentsClose CommentsPermalink





(C) A stipend in connection with the pursuit of such degree in the academic year in such amount as the Secretary shall specify in the agreement of the qualifying veteran under subsection (d).CommentsClose CommentsPermalink





(f) Obligated Service- Each qualifying veteran who participates in the scholarship program shall, after completion of the graduate or post-graduate degree concerned and as jointly provided by the Secretary of Veterans Affairs and the Secretary of Defense in the agreement of such qualifying veteran under subsection (d), perform service as follows:CommentsClose CommentsPermalink





(1) Such service for the Department of Veterans Affairs in connection with the furnishing of mental health services to veterans, and for such period, as the Secretary of Veterans Affairs shall specify in the agreement.CommentsClose CommentsPermalink





(2) Such service for the Department of Defense in connection with the furnishing of mental health services to members of the Armed Forces, and for such period, as the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, specify in the agreement.CommentsClose CommentsPermalink





(3) Such combination of service described by paragraphs (1) and (2), and for such period, as the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, specify in the agreement.CommentsClose CommentsPermalink





(g) Breach of Agreement- Each qualifying veteran participating in the scholarship who fails to complete satisfactorily the terms of the agreement of such qualifying veteran under subsection (d), whether through failure to obtain the graduate or post-graduate degree concerned or failure to perform service required of the qualifying veteran under subsection (f), shall be liable to the United States in such form and manner as the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, specify in the agreement.CommentsClose CommentsPermalink





(h) Contingency Operation Defined- In this section, the term ‘contingency operation’ has the meaning given that term in section 101(a)(13) of title 10, United States Code.CommentsClose CommentsPermalink

TITLE VII--HEALTH CARE PROVISIONSCommentsClose CommentsPermalink

Subtitle A--Improvements to Health BenefitsCommentsClose CommentsPermalink

SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN HEALTH CARE COSTS.

(a) Charges Under Contracts for Medical Care- Section 1097(e) of title 10, United States Code, is amended by striking ‘September 30, 2009’ and inserting ‘September 30, 2011’.CommentsClose CommentsPermalink





(b) Charges for Inpatient Care- Section 1086(b)(3) of such title is amended by striking ‘September 30, 2010’ and inserting ‘September 30, 2011’.CommentsClose CommentsPermalink

SEC. 702. EXTENSION OF DEPENDENT COVERAGE UNDER TRICARE.

(a) Dependent Coverage-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 1110b. TRICARE program: extension of dependent coverage

‘(a) In General- In accordance with subsection (c), an individual described in subsection (b) shall be deemed to be a dependent (as described in section 1072(2)(D) of this title) for purposes of TRICARE coverage.CommentsClose CommentsPermalink





‘(b) Individual Described- An individual described in this subsection is an individual who--CommentsClose CommentsPermalink





‘(1) with respect to a member or former member of a uniformed service, is--CommentsClose CommentsPermalink





‘(A) a child who has not attained the age of 26 and is not eligible to enroll in an eligible employer-sponsored plan (as defined in section 5000A(f)(2) of the Internal Revenue Code of 1986); orCommentsClose CommentsPermalink





‘(B) a person who--CommentsClose CommentsPermalink





‘(i) is placed in the legal custody of the member or former member as a result of an order of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months;CommentsClose CommentsPermalink





‘(ii) has not attained the age of 26;CommentsClose CommentsPermalink





‘(iii) is not eligible to enroll in an eligible employer-sponsored plan (as defined in section 5000A(f)(2) of the Internal Revenue Code of 1986);CommentsClose CommentsPermalink





‘(iv) resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the administering Secretary may by regulation prescribe;CommentsClose CommentsPermalink





‘(v) is not otherwise a dependent of a member or a former member under any subparagraph of section 1072(2) of this title; andCommentsClose CommentsPermalink





‘(vi) is not the child of a dependent who is described in subparagraph (D) or (I) of section 1072(2) and is a covered beneficiary; andCommentsClose CommentsPermalink





‘(2) meets other criteria specified in regulations prescribed by the Secretary.CommentsClose CommentsPermalink





‘(c) Premium- (1) The Secretary shall prescribe by regulation a premium for TRICARE coverage provided pursuant to this section to an individual described in subsection (b).CommentsClose CommentsPermalink





‘(2) The monthly amount of the premium in effect for a month for TRICARE coverage pursuant to this section shall be an amount not to exceed the cost of coverage that the Secretary determines on an appropriate actuarial basis.CommentsClose CommentsPermalink





‘(3) The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums under this subsection.CommentsClose CommentsPermalink





‘(4) Amounts collected as premiums under this paragraph shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section for such fiscal year.CommentsClose CommentsPermalink





‘(d) TRICARE Coverage Defined- In this section, the term ‘TRICARE coverage’ means health care to which a dependent described in section 1072(2)(D) of this title is entitled under section 1076d, 1076e, 1079, 1086, or 1097 of this title.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1110a the following new item:CommentsClose CommentsPermalink





‘1110b. TRICARE program: extension of dependent coverage.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Paragraph (1) of section 1086(c) of title 10, United States Code, is amended by inserting after ‘of this title’ the following: ‘(or an individual described in section 1110b(b) who meets the requirements for a dependent under paragraph (1) or (2) of such section 1076(b))’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on October 1, 2010.CommentsClose CommentsPermalink

SEC. 703. SURVIVOR DENTAL BENEFITS.

Paragraph (2) of section 1076a(k) of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(2) Such term includes any such dependent of a member who dies--CommentsClose CommentsPermalink





‘(A) while on active duty for a period of more than 30 days; orCommentsClose CommentsPermalink





‘(B) while such member is a member of the Ready Reserve.’.CommentsClose CommentsPermalink

SEC. 704. AURAL SCREENINGS FOR MEMBERS OF THE ARMED FORCES.

(a) In General- Paragraph (2) of section 1074f(b) of title 10, United States Code, is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(D) An aural screening, including an assessment of tinnitus.’.CommentsClose CommentsPermalink





(b) Effective Date- Section 1074f(b)(2) of title 10, United States Code, as added by subsection (a) of this section, shall apply to members of the Armed Forces who are deployed or return from deployment on or after the date that is 30 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER RETAIL PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.

During the period beginning on October 1, 2010, and ending on September 30, 2011, the cost sharing requirements established under paragraph (6) of section 1074g(a) of title 10, United States Code, for pharmaceutical agents available through retail pharmacies covered by paragraph (2)(E)(ii) of such section may not exceed amounts as follows:CommentsClose CommentsPermalink





(1) In the case of generic agents, $3.CommentsClose CommentsPermalink





(2) In the case of formulary agents, $9.CommentsClose CommentsPermalink





(3) In the case of nonformulary agents, $22.CommentsClose CommentsPermalink

SEC. 706. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY RESERVE AND INDIVIDUAL MOBILIZATION AUGMENTEES.

(a) Findings- Congress finds that a veteran who is a member of the Individual Ready Reserve (or who is an individual mobilization augmentee) and is not assigned to a unit that musters regularly and has an established support structure is less likely to be helped by existing suicide prevention programs carried out by the Secretary of Defense and the Secretary of Veterans Affairs.CommentsClose CommentsPermalink





(b) In General-CommentsClose CommentsPermalink





(1) SUICIDE PREVENTION- Chapter 55 of title 10, United States Code, is amended by adding after section 1074l the following new section:CommentsClose CommentsPermalink

‘Sec. 1074m. Suicide prevention for members of the Individual Ready Reserve and individual mobilization augmentees

‘(a) In General- The Secretary of Defense shall ensure that each covered member receives a telephone call described in subsection (b) not less than once every 90 days during the period in which--CommentsClose CommentsPermalink





‘(1) the covered member is a member of the Individual Ready Reserve; orCommentsClose CommentsPermalink





‘(2) the Secretary determines that the covered member is an individual mobilization augmentee.CommentsClose CommentsPermalink





‘(b) Counseling Call- A telephone call described in this subsection is a call from properly trained personnel to determine the emotional, psychological, medical, and career needs and concerns of the covered member.CommentsClose CommentsPermalink





‘(c) Referral- (1) The personnel making a telephone call described in subsection (b) shall refer a covered member identified as being at-risk of self-caused harm to the nearest emergency room for immediate evaluation and treatment by a qualified mental health care provider.CommentsClose CommentsPermalink





‘(2) If a covered member is referred under paragraph (1), the Secretary shall confirm that the member has received the evaluation and any necessary treatment.CommentsClose CommentsPermalink





‘(d) Reports- Not later than January 31 of each year, beginning in 2011, the Secretary shall submit to Congress a report on the number of covered members who have been referred for counseling or mental health treatment under this section, as well as the health and career status of such members.CommentsClose CommentsPermalink





‘(e) Covered Member Defined- In this section, the term ‘covered member’ means--CommentsClose CommentsPermalink





‘(1) a member of the Individual Ready Reserve described in section 10144(b) of this title who has deployed to Afghanistan or Iraq in support of a contingency operation; orCommentsClose CommentsPermalink





‘(2) a member of a reserve component who the Secretary determines is an individual mobilization augmentee who has deployed to Afghanistan or Iraq in support of a contingency operation.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074l the following new item:CommentsClose CommentsPermalink





‘1074m. Suicide prevention for members of the Individual Ready Reserve and individual mobilization augmentees.’.CommentsClose CommentsPermalink

SEC. 707. PROVISION OF INFORMATION TO MEMBERS OF THE RESERVE COMPONENTS REGARDING HEALTH CARE BENEFITS.

(a) Provision of Information- The Secretary of Defense shall ensure that each member of a reserve component of the Armed Forces who is mobilized or demobilized is provided, together with the orders providing for such mobilization or demobilization, a clear and comprehensive statement of the medical care and treatment to which such member is entitled under Federal law by reason of being so mobilized or demobilized.CommentsClose CommentsPermalink





(b) Frequency- The statement required to be provided a member under subsection (a) upon a mobilization or demobilization shall be provided to the member each time the member is mobilized or demobilized, as the case may be.CommentsClose CommentsPermalink





(c) Elements- The statement provided a member under subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) A clear, comprehensive statement of the medical care and treatment to which the member is entitled under Federal law by reason of being mobilized or demobilized, as applicable, including--CommentsClose CommentsPermalink





(A) the nature and range of the care and treatment to which the member is entitled;CommentsClose CommentsPermalink





(B) the departments and agencies of the Federal Government that will provide such care and treatment;CommentsClose CommentsPermalink





(C) the period for which such care and treatment will be so provided; andCommentsClose CommentsPermalink





(D) the obligations, if any, of the member in connection with the receipt of such care and treatment.CommentsClose CommentsPermalink





(2) A clear, comprehensive statement of the health care insurance available under Federal law for the member’s family, if any, by reason of the mobilization or demobilization of the member.CommentsClose CommentsPermalink





(3) A clear, comprehensive description of the mental health assessments available to the member before, during, and after deployment pursuant to section 708 of the national defense authorization act for fiscal year 2010 (Public Law 111-84; 123 Stat. 2376; 10 U.S.C. 1074f note).CommentsClose CommentsPermalink





(4) Such other matters as the Secretary considers appropriate.CommentsClose CommentsPermalink

Subtitle B--Health Care AdministrationCommentsClose CommentsPermalink

SEC. 711. ADMINISTRATION OF TRICARE.

Subsection (a) of section 1073 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘Except’ and inserting ‘(1) Except’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) Except as otherwise provided in this chapter, the Secretary of Defense shall have sole responsibility for administering the TRICARE program and making any decision affecting such program.’.CommentsClose CommentsPermalink

SEC. 712. UPDATED TERMINOLOGY FOR THE ARMY MEDICAL SERVICE CORPS.

Paragraph (5) of section 3068 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘Pharmacy, Supply, and Administration’ and inserting ‘Administrative Health Services’;CommentsClose CommentsPermalink





(2) in subparagraph (C), by striking ‘Sanitary Engineering’ and inserting ‘Preventive Medicine Sciences’; andCommentsClose CommentsPermalink





(3) in subparagraph (D), by striking ‘Optometry’ and inserting ‘Clinical Health Sciences’.CommentsClose CommentsPermalink

SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS APPLICABLE TO MILITARY HEALTH-CARE PROFESSIONALS WHO ARE MEMBERS OF THE NATIONAL GUARD PERFORMING DUTY WHILE IN TITLE 32 STATUS.

Section 1094(d) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘or (3)’ after ‘paragraph (2)’;CommentsClose CommentsPermalink





(2) in paragraph (2), by inserting ‘as being described in this paragraph’ after ‘paragraph (1)’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) A health-care professional referred to in paragraph (1) as being described in this paragraph is a member of the National Guard who--CommentsClose CommentsPermalink





‘(A) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; andCommentsClose CommentsPermalink





‘(B) is performing training or duty under title 32 in response to an actual or potential disaster.’.CommentsClose CommentsPermalink

SEC. 714. ANNUAL REPORT ON JOINT HEALTH CARE FACILITIES OF THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.

(a) Annual Reports- Section 1073b of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Annual Report on Joint Health Care Facilities of the Department of Defense and the Department of Veterans Affairs- (1) At the same time that the budget of the President is submitted under section 1105(a) of title 31 for each fiscal year, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate congressional committees a report on joint facilities.CommentsClose CommentsPermalink





‘(2) Each report under paragraph (1) shall include the following:CommentsClose CommentsPermalink





‘(A) A list of each military medical treatment facility of the Department of Defense that the Secretary of Defense is considering as a potential joint facility.CommentsClose CommentsPermalink





‘(B) A list of each medical facility of the Department of Veterans Affairs that the Secretary of Veterans Affairs is considering as a potential joint facility.CommentsClose CommentsPermalink





‘(C) A list of each military medical treatment facility of the Department of Defense and medical facility of the Department of Veterans Affairs that has been established as a joint facility.CommentsClose CommentsPermalink





‘(3)(A) Except as provided in subparagraph (B), no funds authorized to be appropriated or otherwise made available for fiscal year 2012 or any fiscal year thereafter for military medical treatment facilities of the Department of Defense may be obligated or expended to establish a joint facility unless both the military medical treatment facility of the Department of Defense and the medical facility of the Department of Veterans Affairs were included in a report under paragraph (1).CommentsClose CommentsPermalink





‘(B) The Secretary of Defense may waive the limitation in subparagraph (A) with respect to establishing a joint facility not included in a report under paragraph (1) if--CommentsClose CommentsPermalink





‘(i) the Secretary and the Secretary of Veterans Affairs jointly submit to the appropriate congressional committees--CommentsClose CommentsPermalink





‘(I) written certification that the Secretaries began considering such joint facility after the most recent report under subsection (a) was submitted to the appropriate congressional committees; andCommentsClose CommentsPermalink





‘(II) a report on such joint facility, including the location and the estimated cost; andCommentsClose CommentsPermalink





‘(ii) a period of 30 days has elapsed after the date on which the certification and report under clause (i) are submitted to the appropriate congressional committees.CommentsClose CommentsPermalink





‘(4) In this subsection:CommentsClose CommentsPermalink





‘(A) The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink





‘(i) the congressional defense committees;CommentsClose CommentsPermalink





‘(ii) the Committee on Veterans’ Affairs of the House of Representatives; andCommentsClose CommentsPermalink





‘(iii) the Committee on Veterans’ Affairs of the Senate.CommentsClose CommentsPermalink





‘(B) The term ‘joint facility’ means a military medical treatment facility of the Department of Defense and a medical facility of the Department of Veterans Affairs that are combined, operated jointly, or otherwise operated in such a manner that a facility of one department is operating in or with a facility of the other department.CommentsClose CommentsPermalink





‘(C) The term ‘medical facility’, with respect to a facility of the Department of Veterans Affairs, has the meaning given that term in section 8101(3) of title 38.’.CommentsClose CommentsPermalink





(b) Title 38-CommentsClose CommentsPermalink





(1) IN GENERAL- Subchapter IV of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 8159. Limitation on establishment of joint facilities of the Department of Veterans Affairs and the Department of Defense

‘(a) Limitation- Except as provided in subsection (b), no funds authorized to be appropriated or otherwise made available for fiscal year 2012 or any fiscal year thereafter for medical facilities of the Department of Veterans Affairs may be obligated or expended to establish a joint facility unless both the medical facility of the Department of Veterans Affairs and the military medical treatment facility of the Department of Defense were included in a report submitted by the Secretary of Veterans Affairs and the Secretary of Defense to the appropriate congressional committees under section 1073b(c) of title 10.CommentsClose CommentsPermalink





‘(b) Waiver- The Secretary of Veterans Affairs may waive the limitation in subsection (a) with respect to establishing a joint facility not included in a report under section 1073b(c) of title 10 if--CommentsClose CommentsPermalink





‘(1) the Secretary and the Secretary of Defense jointly submit to the appropriate congressional committees--CommentsClose CommentsPermalink





‘(A) written certification that the Secretaries began considering such joint facility after the most recent report under section 1073b(c) of title 10 was submitted to the appropriate congressional committees; andCommentsClose CommentsPermalink





‘(B) a report on such joint facility, including the location and the estimated cost; andCommentsClose CommentsPermalink





‘(2) a period of 30 days has elapsed after the date on which the certification and report under paragraph (1) are submitted to the appropriate congressional committees.CommentsClose CommentsPermalink





‘(c) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink





‘(A) the congressional defense committees (as defined in section 101(a)(16) of title 10);CommentsClose CommentsPermalink





‘(B) the Committee on Veterans’ Affairs of the House of Representatives; andCommentsClose CommentsPermalink





‘(C) the Committee on Veterans’ Affairs of the Senate.CommentsClose CommentsPermalink





‘(2) The term ‘joint facility’ means a military medical treatment facility of the Department of Defense and a medical facility of the Department of Veterans Affairs that are combined, operated jointly, or otherwise operated in such a manner that a facility of one department is operating in or with a facility of the other department.CommentsClose CommentsPermalink





‘(3) The term ‘medical facility’ has the meaning given that term in section 8101(3) of this title.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8158 the following new item:CommentsClose CommentsPermalink





‘8159. Limitation on establishment of joint facilities of the Department of Veterans Affairs and the Department of Defense.’.CommentsClose CommentsPermalink

SEC. 715. IMPROVEMENTS TO OVERSIGHT OF MEDICAL TRAINING FOR MEDICAL CORPS OFFICERS.

(a) Review of Training Programs for Medical Officers- The Secretary of Defense shall conduct a review of training programs for medical officers (as defined in section 101(b)(14) of title 10, United States Code) to ensure that the academic and military performance of such officers has been completely documented in military personnel records. The programs reviewed shall include, at a minimum, the following:CommentsClose CommentsPermalink





(1) Programs at the Uniformed Services University of the Health Sciences that award a medical doctor degree.CommentsClose CommentsPermalink





(2) Selected residency programs at military medical treatment facilities, as determined by the Secretary, to include at least one program in each of the specialties of--CommentsClose CommentsPermalink





(A) anesthesiology;CommentsClose CommentsPermalink





(B) emergency medicine;CommentsClose CommentsPermalink





(C) family medicine;CommentsClose CommentsPermalink





(D) general surgery;CommentsClose CommentsPermalink





(E) neurology;CommentsClose CommentsPermalink





(F) obstetrics/gynecology;CommentsClose CommentsPermalink





(G) pathology;CommentsClose CommentsPermalink





(H) pediatrics; andCommentsClose CommentsPermalink





(I) psychiatry.CommentsClose CommentsPermalink





(b) Report- Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the review under subsection (a).CommentsClose CommentsPermalink

SEC. 716. STUDY ON REIMBURSEMENT FOR COSTS OF HEALTH CARE PROVIDED TO INELIGIBLE INDIVIDUALS.

(a) Study- The Secretary of Defense shall conduct a study on the costs incurred by the United States on behalf of individuals--CommentsClose CommentsPermalink





(1) who are not covered beneficiaries; andCommentsClose CommentsPermalink





(2) who receive health care services from a health care provider under the TRICARE program.CommentsClose CommentsPermalink





(b) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study under subsection (a), including recommendations for legislative action that the Secretary considers appropriate to--CommentsClose CommentsPermalink





(1) prevent individuals who are not covered beneficiaries from receiving health care services from a health care provider under the TRICARE program; andCommentsClose CommentsPermalink





(2) recoup the costs of such health care from such individuals.CommentsClose CommentsPermalink





(c) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘covered beneficiary’ has the meaning given that term in section 1072(5) of title 10, United States Code.CommentsClose CommentsPermalink





(2) The term ‘TRICARE program’ has the meaning given that term in section 1072(7) of such title.CommentsClose CommentsPermalink

SEC. 717. LIMITATION ON TRANSFER OF FUNDS TO DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION PROJECT.

The Secretary of Defense may not transfer any funds authorized to be appropriated by this Act for fiscal year 2011 to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund established in section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) unless, before any such transfer--CommentsClose CommentsPermalink





(1) the Secretary submits to the congressional defense committees, the Committee on Veterans’ Affairs of the House of Representatives, and the Committee on Veterans’ Affairs of the Senate a report providing--CommentsClose CommentsPermalink





(A) notice of the proposed transfer; andCommentsClose CommentsPermalink





(B) the exact amount and source of funds to be transferred; andCommentsClose CommentsPermalink





(2) a period of 30 days has elapsed (excluding days of which either House of Congress is not in session) after the report is submitted under paragraph (1).CommentsClose CommentsPermalink

SEC. 718. ENTERPRISE RISK ASSESSMENT OF HEALTH INFORMATION TECHNOLOGY PROGRAMS.

(a) Study- The Secretary of Defense shall conduct an enterprise risk assessment methodology study of all health information technology programs of the Department of Defense.CommentsClose CommentsPermalink





(b) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the results of the study required under subsection (a).CommentsClose CommentsPermalink

Subtitle C--Other MattersCommentsClose CommentsPermalink

SEC. 721. IMPROVING AURAL PROTECTION FOR MEMBERS OF THE ARMED FORCES.

(a) In General- In accordance with section 721 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4506), the Secretary of Defense shall examine methods to improve the aural protection for members of the Armed Forces in combat.CommentsClose CommentsPermalink





(b) Report- Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the methods to improve aural protection examined under subsection (a).CommentsClose CommentsPermalink

SEC. 722. COMPREHENSIVE POLICY ON NEUROCOGNITIVE ASSESSMENT BY THE MILITARY HEALTH CARE SYSTEM.

(a) Comprehensive Policy Required- Not later than September 30, 2011, the Secretary of Defense shall develop and implement a comprehensive policy on pre- and post-deployment neurocognitive assessment.CommentsClose CommentsPermalink





(b) Scope of Policy- The policy required by subsection (a) shall cover each of the following:CommentsClose CommentsPermalink





(1) Require the administration of the same pre-deployment and post-deployment neurocognitive assessments to all members of the military who are preparing to deploy or have returned from deployment.CommentsClose CommentsPermalink





(2) Require the standardization of testing procedures for neurocognitive assessments.CommentsClose CommentsPermalink





(3) Provide for follow-up neurocognitive assessments as needed to create a longitudinal neurocognitive assessment record for the on-going care of members of the Armed Forces.CommentsClose CommentsPermalink





(4) Ensure the neurocognitive assessment results and reports be made available to members of the Armed Forces and veterans for their personal use in health management.CommentsClose CommentsPermalink





(c) Updates- The Secretary shall revise the policy required by subsection (a) on a periodic basis in accordance with experience and evolving best practice guidelines.CommentsClose CommentsPermalink





(d) Annual Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, and on September 30 of each year thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the policy required by subsection (a).CommentsClose CommentsPermalink





(2) ELEMENTS- Each report required by paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) A description of the policy implemented under subsection (b), and any revisions to such policy under subsection (d).CommentsClose CommentsPermalink





(B) A description of the performance measures used to determine the effectiveness of the policy in improving the use of neurocognitive assessments throughout the Department of Defense.CommentsClose CommentsPermalink





(e) Cognitive Impairment Screenings- Until the comprehensive policy under subsection (a) is implemented, the Secretary shall use the same cognitive screening tool for pre-deployment and post-deployment screening to compare new data to previous baseline data for the purposes of detecting cognitive impairment (as described in section 1618(e)(6) of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note)) for each member of the Armed Forces--CommentsClose CommentsPermalink





(1) who returns from a deployment in support of a contingency operation; andCommentsClose CommentsPermalink





(2) who completed a neurocognitive assessment prior to the implementation of a new pre-deployment and post-deployment screening tool.CommentsClose CommentsPermalink





(f) Conclusion of Studies on Cognitive Assessment Tools- Not later than September 30, 2011, the Secretary of Defense shall complete any outstanding comparative studies on the effectiveness of various cognitive screening tools, including existing tools used for pre-deployment and post-deployment screenings, for the implementation of the comprehensive policy under subsection (a).CommentsClose CommentsPermalink

SEC. 723. NATIONAL CASUALTY CARE RESEARCH CENTER.

(a) Designation- Not later than October 1, 2011, the Secretary of Defense may designate a center to be known as the ‘National Casualty Care Research Center’ (in this section referred to as the ‘Center’), which shall consist of the program known as the combat casualty care research program of the Army Medical Research and Materiel Command.CommentsClose CommentsPermalink





(b) Director- The Secretary, in consultation with the commanding general of the Army Medical Research and Materiel Command, shall appoint a director of the Center.CommentsClose CommentsPermalink





(c) Activities of the Center- In addition to other functions performed by the combat casualty care research program, the Center shall--CommentsClose CommentsPermalink





(1) provide a public-private partnership for funding clinical and experimental studies in combat injury;CommentsClose CommentsPermalink





(2) integrate laboratory and clinical research to hasten improvements in care to members of the Armed Forces who are injured;CommentsClose CommentsPermalink





(3) ensure that data from both military and civilian entities, including the Joint Theater Trauma Registry and the National Trauma Data Bank, are optimally used to establish research agendas and measure improvements in outcomes;CommentsClose CommentsPermalink





(4) fund the full range of injury research and evaluation, including--CommentsClose CommentsPermalink





(A) laboratory, translational, and clinical research;CommentsClose CommentsPermalink





(B) point of wounding and pre-hospital care;CommentsClose CommentsPermalink





(C) early resuscitative management;CommentsClose CommentsPermalink





(D) initial and definitive surgical care; andCommentsClose CommentsPermalink





(E) rehabilitation and reintegration into society; andCommentsClose CommentsPermalink





(5) coordinate the collaboration of civilian and military institutions conducting trauma research.CommentsClose CommentsPermalink

SEC. 724. REPORT ON FEASIBILITY OF STUDY ON BREAST CANCER AMONG FEMALE MEMBERS OF THE ARMED FORCES.

(a) Report- Not later than March 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of conducting a case-control study described in subsection (b).CommentsClose CommentsPermalink





(b) Case-control Study- A case-control study described in this subsection is a case-control study on the incidence of breast cancer among covered members in order to determine whether covered members were at an elevated risk of having breast cancer, including the following:CommentsClose CommentsPermalink





(1) A determination of the number of covered members who have been diagnosed with breast cancer.CommentsClose CommentsPermalink





(2) A sample of covered members who have not been diagnosed with breast cancer who could serve as an appropriate comparison group.CommentsClose CommentsPermalink





(3) A determination of demographic information and potential breast cancer risk factors regarding covered members who are included in the study, including--CommentsClose CommentsPermalink





(A) race;CommentsClose CommentsPermalink





(B) ethnicity;CommentsClose CommentsPermalink





(C) age;CommentsClose CommentsPermalink





(D) possible exposure to hazardous elements or chemical or biological agents (including any vaccines) and where such exposure occurred;CommentsClose CommentsPermalink





(E) known breast cancer risk factors, including familial, reproductive, and anthropometric parameters;CommentsClose CommentsPermalink





(F) the locations of duty stations that such member was assigned;CommentsClose CommentsPermalink





(G) the locations in which such member was deployed; andCommentsClose CommentsPermalink





(H) the geographic area of residence prior to deployment.CommentsClose CommentsPermalink





(4) An analysis of the clinical characteristics of breast cancer diagnosed in covered members (including the stage, grade, and other details of the cancer).CommentsClose CommentsPermalink





(5) Other information the Secretary considers appropriate.CommentsClose CommentsPermalink





(c) Covered Members Defined- In this section, the term ‘covered members’ means female members of the Armed Forces (including members of the National Guard and reserve components) who served in Operation Enduring Freedom or Operation Iraqi Freedom.CommentsClose CommentsPermalink

SEC. 725. ASSESSMENT OF POST-TRAUMATIC STRESS DISORDER BY MILITARY OCCUPATION.

(a) Assessment- The Secretary of Defense shall conduct an assessment of post-traumatic stress disorder incidence by military occupation, including identification of military occupations with a high incidence of such disorder.CommentsClose CommentsPermalink





(b) Report- Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the assessment under subsection (a).CommentsClose CommentsPermalink

SEC. 726. VISITING NIH SENIOR NEUROSCIENCE FELLOWSHIP PROGRAM.

(a) Authority to Establish- The Secretary of Defense may establish a program to be known as the Visiting NIH Senior Neuroscience Fellowship Program at--CommentsClose CommentsPermalink





(1) the Defense Advanced Research Projects Agency; andCommentsClose CommentsPermalink





(2) the Defense Center of Excellence for Psychological Health and Traumatic Brain Injury.CommentsClose CommentsPermalink





(b) Activities of the Program- In establishing the Visiting NIH Senior Neuroscience Fellowship Program under subsection (a), the Secretary shall require the program to--CommentsClose CommentsPermalink





(1) provide a partnership between the National Institutes of Health and the Defense Advanced Research Projects Agency to enable identification and funding of the broadest range of innovative, highest quality clinical and experimental neuroscience studies for the benefit of members of the Armed Forces;CommentsClose CommentsPermalink





(2) provide a partnership between the National Institutes of Health and the Defense Center of Excellence for Psychological Health and Traumatic Brain Injury that will enable identification and funding of clinical and experimental neuroscience studies for the benefit of members of the Armed Forces;CommentsClose CommentsPermalink





(3) use the results of the studies described in paragraph (1) and (2) to enhance the mission of the National Institutes of Health for the benefit of the public; andCommentsClose CommentsPermalink





(4) provide a military and civilian collaborative environment for neuroscience-based medical problem-solving in critical areas affecting both military and civilian life, particularly post-traumatic stress disorder.CommentsClose CommentsPermalink





(c) Period of Fellowship- The period of any fellowship under the Program shall not last more than 2 years and shall not continue unless agreed upon by the parties concerned.CommentsClose CommentsPermalink

SEC. 727. PILOT PROGRAM ON PAYMENT FOR TREATMENT OF MEMBERS OF THE ARMED FORCES AND VETERANS FOR TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER.

(a) Payment Process- The Secretary of Defense and the Secretary of Veterans Affairs shall carry out a five-year pilot program under which each such Secretary shall establish a process through which each Secretary shall provide payment for treatments (including diagnostic testing) of traumatic brain injury or post-traumatic stress disorder received by members of the Armed Forces and veterans in health care facilities other than military treatment facilities or Department of Veterans Affairs medical facilities. Such process shall provide that payment be made directly to the health care facility furnishing the treatment.CommentsClose CommentsPermalink





(b) Conditions for Payment- The approval by a Secretary for payment for a treatment pursuant to subsection (a) shall be subject to the following conditions:CommentsClose CommentsPermalink





(1) Any drug or device used in the treatment must be approved or cleared by the Food and Drug Administration for any purpose.CommentsClose CommentsPermalink





(2) The treatment or study protocol used in treating the member or veteran must have been approved by an institutional review board operating in accordance with regulations issued by the Secretary of Health and Human Services.CommentsClose CommentsPermalink





(3) The approved treatment or study protocol (including any patient disclosure requirements) must be used by the health care provider delivering the treatment.CommentsClose CommentsPermalink





(4) The patient receiving the treatment or study protocol must demonstrate an improvement as a result of the treatment on one or more of the following:CommentsClose CommentsPermalink





(A) Standardized independent pre-treatment and post-treatment neuropsychological testing.CommentsClose CommentsPermalink





(B) Accepted survey instruments.CommentsClose CommentsPermalink





(C) Neurological imaging.CommentsClose CommentsPermalink





(D) Clinical examination.CommentsClose CommentsPermalink





(5) The patient receiving the treatment or study protocol must be receiving the treatment voluntarily.CommentsClose CommentsPermalink





(6) The patient receiving the treatment may not be a retired member of the uniformed services or of the Armed Forces who is entitled to benefits under part A, or eligible to enroll under part B, of title XVIII of the Social Security Act.CommentsClose CommentsPermalink





(c) Additional Restrictions Prohibited- Except as provided in this subsection (b), no restriction or condition for reimbursement may be placed on any health care provider that is operating lawfully under the laws of the State in which the provider is located with respect to the receipt of payment under this Act.CommentsClose CommentsPermalink





(d) Payment Deadline- The Secretary of Defense and the Secretary of Veterans Affairs shall make a payment for a treatment or study protocol pursuant to subsection (a) not later than 30 days after a member of the Armed Forces or veteran (or health care provider on behalf of such member or veteran) submits to the Secretary documentation regarding the treatment or study protocol. The Secretary of Defense and the Secretary of Veterans Affairs shall ensure that the documentation required under this subsection may not be an undue burden on the member of the Armed Forces or veteran or on the health care provider.CommentsClose CommentsPermalink





(e) Payment Source- Subsection (c)(1) of section 1074 of title 10, United States Code, shall apply with respect to the payment by the Secretary of Defense for treatment or study protocols pursuant to subsection (a) of traumatic brain injury and post-traumatic stress disorder received by members of the Armed Forces.CommentsClose CommentsPermalink





(f) Payment Amount- A payment under this Act shall be made at the equivalent Centers for Medicare and Medicaid Services reimbursement rate in effect for appropriate treatment codes for the State or territory in which the treatment or study protocol is received. If no such rate is in effect, payment shall be made at a fair market rate, as determined by the Secretary of Defense, in consultation with the Secretary of Health and Human Services, with respect to a patient who is a member of the Armed Forces or the Secretary of Veterans Affairs with respect to a patient who is a veteran.CommentsClose CommentsPermalink





(g) Data Collection and Availability-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop and maintain a database containing data from each patient case involving the use of a treatment under this section. The Secretaries shall ensure that the database preserves confidentiality and be made available only--CommentsClose CommentsPermalink





(A) for third-party payer examination;CommentsClose CommentsPermalink





(B) to the appropriate congressional committees and employees of the Department of Defense, the Department of Veterans Affairs, the Department of Health and Human Services, and appropriate State agencies; andCommentsClose CommentsPermalink





(C) to the primary investigator of the institutional review board that approved the treatment or study protocol, in the case of data relating to a patient case involving the use of such treatment or study protocol.CommentsClose CommentsPermalink





(2) ENROLLMENT IN INSTITUTIONAL REVIEW BOARD STUDY- In the case of a patient enrolled in a registered institutional review board study, results may be publically distributable in accordance with the regulations prescribed pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and other regulations and practices in effect as of the date of the enactment of this Act.CommentsClose CommentsPermalink





(3) QUALIFIED INSTITUTIONAL REVIEW BOARDS- The Secretary of Defense and the Secretary of Veterans Affairs shall each ensure that the Internet website of their respective departments includes a list of all civilian institutional review board studies that have received a payment under this Act.CommentsClose CommentsPermalink





(h) Assistance for Members To Obtain Treatment-CommentsClose CommentsPermalink





(1) ASSIGNMENT TO TEMPORARY DUTY- The Secretary of a military department may assign a member of the Armed Forces under the jurisdiction of the Secretary to temporary duty or allow the member a permissive temporary duty in order to permit the member to receive treatment or study protocol for traumatic brain injury or post-traumatic stress disorder, for which payments shall be made under subsection (a), at a location beyond reasonable commuting distance of the member’s permanent duty station.CommentsClose CommentsPermalink





(2) PAYMENT OF PER DIEM- A member who is away from the member’s permanent station may be paid a per diem in lieu of subsistence in an amount not more than the amount to which the member would be entitled if the member were performing travel in connection with a temporary duty assignment.CommentsClose CommentsPermalink





(3) GIFT RULE WAIVER- Notwithstanding any rule of any department or agency with respect to ethics or the receipt of gifts, any assistance provided to a member of the Armed Forces with a service-connected injury or disability for travel, meals, or entertainment incidental to receiving treatment or study protocol under this Act, or for the provision of such treatment or study protocol, shall not be subject to or covered by any such rule.CommentsClose CommentsPermalink





(i) Retaliation Prohibited- No retaliation may be made against any member of the Armed Forces or veteran who receives treatment or study protocol as part of registered institutional review board study carried out by a civilian health care practitioner.CommentsClose CommentsPermalink





(j) Treatment of University and Nationally Accredited Institutional Review Boards- For purposes of this Act, a university-affiliated or nationally accredited institutional review board shall be treated in the same manner as a Government institutional review board.CommentsClose CommentsPermalink





(k) Memoranda of Understanding- The Secretary of Defense and the Secretary of Veterans Affairs shall seek to expeditiously enter into memoranda of understandings with civilian institutional review boards described in subsection (j) for the purpose of providing for members of the Armed Forces and veterans to receive treatment carried out by civilian health care practitioners under a treatment or study protocol approved by and under the oversight of civilian institutional review boards that would qualify for payment under this Act.CommentsClose CommentsPermalink





(l) Outreach Required-CommentsClose CommentsPermalink





(1) OUTREACH TO VETERANS- The Secretary of Veterans Affairs shall notify each veteran with a service-connected injury or disability of the opportunity to receive treatment or study protocol pursuant to this Act.CommentsClose CommentsPermalink





(2) OUTREACH TO MEMBERS OF THE ARMED FORCES- The Secretary of Defense shall notify each member of the Armed Forces with a service-connected injury or disability of the opportunity to receive treatment or study protocol pursuant to this Act.CommentsClose CommentsPermalink





(m) Report to Congress- Not later than 30 days after the last day of each fiscal year during which the Secretary of Defense and the Secretary of Veterans Affairs are authorized to make payments under this Act, the Secretaries shall jointly submit to Congress an annual report on the implementation of this Act. Such report shall include each of the following for that fiscal year:CommentsClose CommentsPermalink





(1) The number of individuals for whom the Secretary has provided payments under this Act.CommentsClose CommentsPermalink





(2) The condition for which each such individual receives treatment for which payment is provided under this Act and the success rate of each such treatment.CommentsClose CommentsPermalink





(3) Treatment methods that are used by entities receiving payment provided under this Act and the respective rate of success of each such method.CommentsClose CommentsPermalink





(4) The recommendations of the Secretaries with respect to the integration of treatment methods for which payment is provided under this Act into facilities of the Department of Defense and Department of Veterans Affairs.CommentsClose CommentsPermalink





(n) Termination- The authority to make a payment under this Act shall terminate on the date that is five years after the date of the enactment of this Act.CommentsClose CommentsPermalink





(o) Authorization of Appropriations- There is authorized to be appropriated to carry out this Act $10,000,000 for each fiscal year during which the Secretary of Veterans Affairs and the Secretary of Defense are authorized to make payments under this Act.CommentsClose CommentsPermalink

SEC. 728. POST-TRAUMATIC STRESS DISORDER COUNSELING FOR CIVILIAN VICTIMS OF THE FORT HOOD SHOOTING AND OTHER SIMILAR INCIDENTS.

The Secretary of Defense shall make available to each civilian victim of a shooting on a military installation in the United States, including the shooting at Fort Hood on November 5, 2009, extensive counseling for post-traumatic stress disorder.CommentsClose CommentsPermalink

SEC. 729. SENSE OF CONGRESS CONCERNING THE IMPLEMENTATION OF THE CONGRESSIONALLY-MANDATED RECOMMENDATIONS OF THE INSTITUTE OF MEDICINE STUDY.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) Section 717 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1073 note) directed the Secretary of Defense to enter into a contract with the Institute of Medicine of the National Academy of Sciences to conduct a study and make recommendations regarding the credentials, preparation, and training of licensed mental health counselors.CommentsClose CommentsPermalink





(2) In the study, the Institute of Medicine of the National Academy of Sciences recommends permitting counselors to practice independently under the TRICARE program.CommentsClose CommentsPermalink





(3) In addition, the Institute of Medicine of the National Academy of Sciences recommends that TRICARE implement a comprehensive quality management system for all of its mental health professionals.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that the Secretary of Defense should implement the requirements of subsection (a) of such section 717 by not later than December 31, 2010, because such implementation will increase the urgently needed mental health staff of the Department of Defense and ensure that members of the Armed Forces will receive timely and confidential post-deployment screenings with a mental health professional.CommentsClose CommentsPermalink

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERSCommentsClose CommentsPermalink

Subtitle A--Acquisition Policy and ManagementCommentsClose CommentsPermalink

SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS.

(a) In General- Section 2320 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (c)(2)--CommentsClose CommentsPermalink





(A) by inserting ‘or covered litigation support contractor’ after ‘covered Government support contractor’; andCommentsClose CommentsPermalink





(B) by inserting after ‘oversight of’ the following: ‘, or preparation for litigation relating to,’; andCommentsClose CommentsPermalink





(2) by inserting after subsection (f) the following:CommentsClose CommentsPermalink





‘(g) In this section, the term ‘covered litigation support contractor’ means a contractor (including an expert or technical consultant) under contract with the Department of Defense to provide litigation support, which contractor executes a contract with the Government agreeing to and acknowledging--CommentsClose CommentsPermalink





‘(1) that proprietary or nonpublic technical data furnished will be accessed and used only for the purposes stated in that contract;CommentsClose CommentsPermalink





‘(2) that the covered litigation support contractor will take all reasonable steps to protect the proprietary and nonpublic nature of the technical data furnished to the covered litigation support contractor; andCommentsClose CommentsPermalink





‘(3) that such technical data provided to the covered litigation support contractor under the authority of this section shall not be used by the covered litigation support contractor to compete against the third party for Government or non-Government contracts.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall take effect on the date that is 120 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 802. DESIGNATION OF F135 AND F136 ENGINE DEVELOPMENT AND PROCUREMENT PROGRAMS AS MAJOR SUBPROGRAMS.

(a) Designation as Major Subprograms- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall designate each of the engine development and procurement programs described in subsection (b) as a major subprogram of the F-35 Lightning II aircraft major defense acquisition program, in accordance with section 2430a of title 10, United States Code.CommentsClose CommentsPermalink





(b) Description- For purposes of subsection (a), the engine development and procurement programs are the following:CommentsClose CommentsPermalink





(1) The F135 engine development and procurement program.CommentsClose CommentsPermalink





(2) The F136 engine development and procurement program.CommentsClose CommentsPermalink





(c) Original Baseline- For purposes of reporting requirements referred to in section 2430a(b) of title 10, United States Code, for the major subprograms designated under subsection (a), the Secretary shall use the Milestone B decision for each subprogram as the original baseline for the subprogram.CommentsClose CommentsPermalink





(d) Actions Following Critical Cost Growth-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), to the extent that the Secretary elects to restructure the F-35 Lightning II aircraft major defense acquisition program subsequent to a reassessment and actions required by subsections (a) and (c) of section 2433a of title 10, United States Code, during fiscal year 2010, and also conducts such reassessment and actions with respect to the F135 and F136 engine development and procurement programs (including related reporting based on the original baseline as defined in subsection (c)), the requirements of section 2433a of such title with respect to a major subprogram designated under subsection (a) shall be considered to be met with respect to the major subprogram.CommentsClose CommentsPermalink





(2) LIMITATION- Actions taken in accordance with paragraph (1) shall be considered to meet the requirements of section 2433a of title 10, United States Code, with respect to a major subprogram designated under subsection (a) only to the extent that designation as a major subprogram would require the Secretary of Defense to conduct a reassessment and take actions pursuant to such section 2433a for such a subprogram upon enactment of this Act. The requirements of such section 2433a shall not be considered to be met with respect to such a subprogram in the event that additional programmatic changes, following the date of the enactment of this Act, cause the program acquisition unit cost or procurement unit cost of such a subprogram to increase by a percentage equal to or greater than the critical cost growth threshold (as defined in section 2433(a)(5) of such title) for the subprogram.CommentsClose CommentsPermalink

SEC. 803. CONFORMING AMENDMENTS RELATING TO INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE ACQUISITION PROGRAMS UNDER VARIOUS ACQUISITION-RELATED REQUIREMENTS.

(a) Conforming Amendments to Section 2366a- Section 2366a of such title is amended--CommentsClose CommentsPermalink





(1) in subsections (a), (b)(1), and (b)(2)--CommentsClose CommentsPermalink





(A) by inserting ‘or designated major subprogram’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink





(B) by inserting ‘or subprogram’ after ‘program’ each place it appears (other than after ‘major defense acquisition program’, after ‘space program’, before ‘requirements’, and before ‘manager’); andCommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively; andCommentsClose CommentsPermalink





(B) by inserting after paragraph (1) the following new paragraph (2):CommentsClose CommentsPermalink





‘(2) The term ‘designated major subprogram’ means a major subprogram of a major defense acquisition program as designated under section 2430a(a)(1) of this title.’.CommentsClose CommentsPermalink





(b) Conforming Amendments to Section 2366b- Section 2366b of such title is amended--CommentsClose CommentsPermalink





(1) in subsections (a), (b)(1), and (c)(1)--CommentsClose CommentsPermalink





(A) by inserting ‘or designated major subprogram’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink





(B) by inserting ‘or subprogram’ after ‘program’ each place it appears (other than after ‘major defense acquisition program’, after ‘future-years defense program’, and after ‘space program’); andCommentsClose CommentsPermalink





(2) in subsection (g)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; andCommentsClose CommentsPermalink





(B) by inserting after paragraph (1) the following new paragraph (2):CommentsClose CommentsPermalink





‘(2) The term ‘designated major subprogram’ means a major subprogram of a major defense acquisition program as designated under section 2430a(a)(1) of this title.’.CommentsClose CommentsPermalink





(c) Conforming Amendments to Section 2399- Subsection (a) of section 2399 of such title is amended to read as follows:CommentsClose CommentsPermalink





‘(a) Condition for Proceeding Beyond Low-rate Initial Production- (1) The Secretary of Defense shall provide that a covered major defense acquisition program or a covered designated major subprogram may not proceed beyond low-rate initial production until initial operational test and evaluation of the program or subprogram is completed.CommentsClose CommentsPermalink





‘(2) In this subsection:CommentsClose CommentsPermalink





‘(A) The term ‘covered major defense acquisition program’ means a major defense acquisition program that involves the acquisition of a weapon system that is a major system within the meaning of that term in section 2302(5) of this title.CommentsClose CommentsPermalink





‘(B) The term ‘covered designated major subprogram’ means a major subprogram designated under section 2430a(a)(1) of this title that is a major subprogram of a covered major defense acquisition program.’.CommentsClose CommentsPermalink





(d) Conforming Amendments to Section 2434- Section 2434(a) of such title is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(1)’ before ‘The Secretary of Defense’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) The provisions of this section shall apply to any major subprogram of a major defense acquisition program (as designated under section 2430a(a)(1) of this title) in the same manner as those provisions apply to a major defense acquisition program, and any reference in this section to a program shall be treated as including such a subprogram.’.CommentsClose CommentsPermalink

SEC. 804. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY TO RESPOND TO COMBAT AND SAFETY EMERGENCIES THROUGH RAPID ACQUISITION AND DEPLOYMENT OF URGENTLY NEEDED SUPPLIES.

(a) Requirement to Establish Procedures- Subsection (a) of section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended by striking ‘items that are--’ and inserting ‘supplies that are--’.CommentsClose CommentsPermalink





(b) Issues to Be Addressed- Subsection (b) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)(B), by striking ‘items’ and inserting ‘supplies’; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by striking ‘items’ and inserting ‘supplies’;CommentsClose CommentsPermalink





(B) in subparagraph (A), by striking ‘an item’ and inserting ‘the supplies’;CommentsClose CommentsPermalink





(C) in subparagraph (B), by striking ‘an item’ and inserting ‘the supplies’; andCommentsClose CommentsPermalink





(D) in subparagraph (C), by inserting ‘and utilization’ after ‘deployment’.CommentsClose CommentsPermalink





(c) Response to Combat Emergencies- Subsection (c) of such section is amended--CommentsClose CommentsPermalink





(1) by striking ‘equipment’ each place it appears and inserting ‘supplies’;CommentsClose CommentsPermalink





(2) by striking ‘combat capability’ each place it appears;CommentsClose CommentsPermalink





(3) by inserting ‘, or could result,’ after ‘that has resulted’ each place it appears;CommentsClose CommentsPermalink





(4) by striking ‘fatalities’ each place it appears and inserting ‘casualties’;CommentsClose CommentsPermalink





(5) in paragraphs (1) and (2)(A), by striking ‘is’ each place it appears and inserting ‘are’;CommentsClose CommentsPermalink





(6) in paragraph (3)--CommentsClose CommentsPermalink





(A) by striking ‘The authority of this section may not be used to acquire equipment in an amount aggregating more than $100,000,000 during any fiscal year.’; andCommentsClose CommentsPermalink





(B) by inserting ‘in an amount aggregating no more than $200,000,000’ after ‘for that fiscal year’;CommentsClose CommentsPermalink





(7) in paragraph (4), by striking ‘Each such notice’ and inserting ‘For each such determination, the notice under the preceding sentence’; andCommentsClose CommentsPermalink





(8) in paragraph (5), by striking ‘that equipment’ and inserting ‘those supplies’.CommentsClose CommentsPermalink





(d) Waiver of Certain Statues and Regulations- Subsection (d)(1) of such section is amended by striking ‘equipment’ in subparagraphs (A), (B), and (C) and inserting ‘supplies’.CommentsClose CommentsPermalink





(e) Testing Requirement- Subsection (e) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘an item’ in the matter preceding subparagraph (A) and inserting ‘the supplies’; andCommentsClose CommentsPermalink





(B) in subparagraph (B), by striking ‘of the item’ and all that follows through ‘requirements document’ and inserting ‘of the supplies in meeting the original requirements for the supplies (as stated in a statement of the urgent operational need’;CommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking ‘an item’ and inserting ‘supplies’; andCommentsClose CommentsPermalink





(B) by striking ‘the item’ and inserting ‘the supplies’; andCommentsClose CommentsPermalink





(3) in paragraph (3)--CommentsClose CommentsPermalink





(A) by striking ‘If items’ and inserting ‘If the supplies’; andCommentsClose CommentsPermalink





(B) by striking ‘items’ each place it appears and inserting ‘supplies’.CommentsClose CommentsPermalink





(f) Limitation- Subsection (f) of such section is amended to read as follows:CommentsClose CommentsPermalink





‘(f) Limitation- In the case of supplies that are part of a major system for which a low-rate initial production quantity determination has been made pursuant to section 2400 of title 10, United States Code, the quantity of such supplies acquired using the procedures prescribed pursuant to this section may not exceed an amount consistent with complying with limitations on the quantity of articles approved for low-rate initial production for such system. Any such supplies shall be included in any relevant calculation of quantities for low-rate initial production for the system concerned.’.CommentsClose CommentsPermalink

SEC. 805. PROHIBITION ON CONTRACTS WITH ENTITIES ENGAGING IN COMMERCIAL ACTIVITY IN THE ENERGY SECTOR OF IRAN.

(a) Prohibition on Contracts-CommentsClose CommentsPermalink





(1) PROHIBITION- The Secretary of Defense, beginning 90 days after the date of the enactment of this Act, may not enter into any contract with--CommentsClose CommentsPermalink





(A) an entity that engages in commercial activity in the energy sector of Iran; orCommentsClose CommentsPermalink





(B) a successor entity to the entity described in subparagraph (A).CommentsClose CommentsPermalink





(2) DEFINITION- For purposes of this subsection, an entity engages in commercial activity in the energy sector of Iran if the entity, when entering into a contract with the Department of Defense for goods and services, fails to certify to the contracting officer that the entity does not engage in an activity for which sanctions may be imposed under section 5(a) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note).CommentsClose CommentsPermalink





(b) Remedies-CommentsClose CommentsPermalink





(1) IN GENERAL- If the Secretary of Defense, in consultation with the Secretary of State, determines that an entity has submitted a false certification under subsection (a)(2), the Secretary of Defense may terminate a contract with such entity or debar or suspend such entity from eligibility for Department of Defense contracts for a period of not more than 3 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations.CommentsClose CommentsPermalink





(2) INCLUSION ON LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT AND NONPROCUREMENT PROGRAMS- The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation issued pursuant to section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) each entity that is debarred, suspended, or proposed for debarment or suspension by the Secretary on the basis of a determination of a false certification under paragraph (1).CommentsClose CommentsPermalink





(c) Waivers-CommentsClose CommentsPermalink





(1) AUTHORITY- The Secretary of Defense may on a case by-case basis waive the requirement that an entity make a certification under subsection (a)(2) if the Secretary determines that it is in the interest of national security to do so.CommentsClose CommentsPermalink





(2) CONTENTS OF CERTIFICATION- Upon issuing a waiver under paragraph (1) with respect to an entity, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification that identifies the entity involved, the nature of the contract, and the rationale for issuing the waiver.CommentsClose CommentsPermalink

Subtitle B--Amendments to General Contracting Authorities, Procedures, and LimitationsCommentsClose CommentsPermalink

SEC. 811. EXTENSION OF AUTHORITY TO PROCURE CERTAIN FIBERS; LIMITATION ON SPECIFICATION.

(a) Extension- Section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10 U.S.C. 2533a note) is amended in subsection (f) by striking ‘on the date that is five years after the date of the enactment of this Act’ and inserting ‘on January 1, 2021’.CommentsClose CommentsPermalink





(b) Prohibition on Specification in Solicitations- No solicitation issued before January 1, 2021, by the Department of Defense may include a requirement that proposals submitted pursuant to such solicitation must include the use of fire resistant rayon fiber.CommentsClose CommentsPermalink

SEC. 812. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS.

Section 2473 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘subsection (d)’ and inserting ‘subsection (c)’;CommentsClose CommentsPermalink





(2) by striking subsection (c);CommentsClose CommentsPermalink





(3) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; andCommentsClose CommentsPermalink





(4) by adding at the end the following new subsection (e):CommentsClose CommentsPermalink





‘(e) Competitive Procedures- If the Secretary determines under subsection (a) that the requirement to procure property or services described in subsection (b) for the Department of Defense from a firm in the small arms production industrial base is not necessary to preserve such industrial base, any such procurement shall be awarded through the use of competitive procedures that afford such industrial base a fair opportunity to be considered for such procurement.’.CommentsClose CommentsPermalink

SEC. 813. ADDITIONAL DEFINITION RELATING TO PRODUCTION OF SPECIALTY METALS WITHIN THE UNITED STATES.

Section 2533b(m) of title 10, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(11) The term ‘produced’, as used in subsections (a) and (b), means melted, or processed in a manner that results in physical or chemical property changes that are the equivalent of melting. The term does not include finishing processes such as rolling, heat treatment, quenching, tempering, grinding, or shaving.’.CommentsClose CommentsPermalink

Subtitle C--Studies and ReportsCommentsClose CommentsPermalink

SEC. 821. STUDIES TO ANALYZE ALTERNATIVE MODELS FOR ACQUISITION AND FUNDING OF TECHNOLOGIES SUPPORTING NETWORK-CENTRIC OPERATIONS.

(a) Studies Required-CommentsClose CommentsPermalink





(1) INDEPENDENT STUDY- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent federally funded research and development center to carry out a comprehensive study of policies, procedures, organization, and regulatory constraints affecting the acquisition of technologies supporting network-centric operations. The contract shall be funded from amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 2011 for operation and maintenance for Defense-wide activities.CommentsClose CommentsPermalink





(2) JOINT CHIEFS OF STAFF STUDY- The Chairman of the Joint Chiefs of Staff shall carry out a comprehensive study of the same subjects covered by paragraph (1). The study shall be independent of the study required by paragraph (1) and shall be carried out in conjunction with the military departments and in coordination with the Secretary of Defense.CommentsClose CommentsPermalink





(b) Matters To Be Addressed- Each study required by subsection (a) shall address the following matters:CommentsClose CommentsPermalink





(1) Development of a system for understanding the various foundational components that contribute to network-centric operations, such as data transport, processing, storage, data collection, and dissemination of information.CommentsClose CommentsPermalink





(2) Determining how acquisition and funding programs that are in place as of the date of the enactment of this Act relate to the system developed under paragraph (1).CommentsClose CommentsPermalink





(3) Development of acquisition and funding models using the system developed under paragraph (1), including--CommentsClose CommentsPermalink





(A) a model under which a joint entity independent of any military department (such as the Joint Staff) is established with responsibility and control of all funding for the acquisition of technologies for network-centric operations, and with authority to oversee the incorporation of such technologies into the acquisition programs of the military departments;CommentsClose CommentsPermalink





(B) a model under which an executive agent is established to manage and oversee the acquisition of technologies for network-centric operations, but would not have exclusive control of the funding for such programs;CommentsClose CommentsPermalink





(C) a model under which the acquisition and funding programs that are in place as of the date of the enactment of this Act are maintained; andCommentsClose CommentsPermalink





(D) any other model that the entity carrying out the study considers relevant.CommentsClose CommentsPermalink





(4) An analysis of each of the models developed under paragraph (3) with respect to potential benefits in--CommentsClose CommentsPermalink





(A) collecting, processing, and disseminating information;CommentsClose CommentsPermalink





(B) network commonality;CommentsClose CommentsPermalink





(C) common communications;CommentsClose CommentsPermalink





(D) interoperability;CommentsClose CommentsPermalink





(E) mission impact and success; andCommentsClose CommentsPermalink





(F) cost-effectiveness.CommentsClose CommentsPermalink





(5) An evaluation of each of the models developed under paragraph (3) with respect to feasibility, including identification of legal, policy, or regulatory barriers that may impede the implementation of such model.CommentsClose CommentsPermalink





(c) Report Required- Not later than September 30, 2011, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the studies required by subsection (a). The report shall include the findings and recommendations of the studies and any observations and comments that the Secretary considers appropriate.CommentsClose CommentsPermalink





(d) Network-centric Operations Defined- In this section, the term ‘network-centric operations’ refers to the ability to exploit all human and technical elements of the Joint Force and mission partners through the full integration of collected information, awareness, knowledge, experience, and decisionmaking, enabled by secure access and distribution, all to achieve agility and effectiveness in a dispersed, decentralized, dynamic, or uncertain operational environment.CommentsClose CommentsPermalink

SEC. 822. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON CONTRACTING IN IRAQ AND AFGHANISTAN.

The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is amended by adding at the end of subtitle F of title VIII the following new section (and conforming the table of sections for such subtitle at the beginning of title VIII and at the beginning of such Act accordingly):CommentsClose CommentsPermalink

‘SEC. 865. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON CONTRACTING IN IRAQ AND AFGHANISTAN.

‘(a) Joint Report Required-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Every 12 months, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall submit to the relevant committees of Congress a joint report on contracts in Iraq or Afghanistan.CommentsClose CommentsPermalink





‘(2) MATTERS COVERED- A report under this subsection shall, at a minimum, cover--CommentsClose CommentsPermalink





‘(A) any significant developments or issues with respect to contracts in Iraq and Afghanistan during the reporting period;CommentsClose CommentsPermalink





‘(B) the plans of the departments and agency for strengthening interagency coordination of contracts in Iraq and Afghanistan or in future contingency operations, including plans related to the common databases identified under section 861(b)(4);CommentsClose CommentsPermalink





‘(C) the desirability and feasibility of including in the common databases identified under section 861(b)(4) information about contracts subject to the regulations required by section 839 of the National Defense Authorization Act for Fiscal Year 2011 (providing for extending and applying the requirements of section 862 to additional areas designated or listed in that section 839); andCommentsClose CommentsPermalink





‘(D) the penalties, if any, imposed by the departments and agency on contractors for failing to comply with requirements under section 861(e), including requirements to provide information for the common databases identified under section 861(b)(4).CommentsClose CommentsPermalink





‘(3) REPORTING PERIOD- A report under this subsection shall cover a period of not less than 12 months.CommentsClose CommentsPermalink





‘(4) SUBMISSION OF REPORTS- The Secretaries and the Administrator shall submit an initial report under this subsection not later than February 1, 2011, and shall submit an updated report by February 1 of every year thereafter until February 1, 2013. If the total annual amount of obligations for contracts in Iraq and Afghanistan combined is less than $250 million for the reporting period, for the departments and agency combined, the Secretaries and the Administrator may submit a letter documenting this in place of a report.CommentsClose CommentsPermalink





‘(b) Comptroller General Review and Report-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Within 180 days after submission of each annual joint report required under subsection (a), but in no case later than August 5 of each year until 2013, the Comptroller General shall review the joint report and interagency coordination of contracting in Iraq and Afghanistan and submit to the relevant committees of Congress a report on such review.CommentsClose CommentsPermalink





‘(2) MATTERS COVERED- A report under this subsection shall, at minimum--CommentsClose CommentsPermalink





‘(A) review how the Department of Defense, the Department of State, and the United States Agency for International Development are using the data contained in the common databases identified under section 861(b)(4) in managing, overseeing, and coordinating contracting in Iraq and Afghanistan; andCommentsClose CommentsPermalink





‘(B) assess the plans of the departments and agency for strengthening interagency coordination of contracts in Iraq and Afghanistan or in future contingency operations, particularly any plans related to the common databases identified under section 861(b)(4).CommentsClose CommentsPermalink





‘(3) ACCESS TO DATABASES AND OTHER INFORMATION- The Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall provide to the Comptroller General full access to information on contracts in Iraq and Afghanistan for the purposes of the review carried out under this subsection, including the common databases identified under section 861(b)(4).’.CommentsClose CommentsPermalink

SEC. 823. EXTENSION OF COMPTROLLER GENERAL REVIEW AND REPORT ON CONTRACTING IN IRAQ AND AFGHANISTAN.

Section 863 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is amended by striking ‘2010’ in subsection (a)(3) and inserting ‘2011’.CommentsClose CommentsPermalink

SEC. 824. INTERIM REPORT ON REVIEW OF IMPACT OF COVERED SUBSIDIES ON ACQUISITION OF KC-45 AIRCRAFT.

(a) Interim Report- The Secretary of Defense shall submit to the congressional defense committees an interim report on any review of a covered subsidy initiated pursuant to subsection (a) of section 886 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4561) not later than 60 days after the date of the initiation of the review.CommentsClose CommentsPermalink





(b) Report Contents- The report required by subsection (a) shall contain detailed findings relating to the impact of the covered subsidy that led to the initiation of the review on the source selection process for the KC-45 Aerial Refueling Aircraft Program or any successor to such program and whether the covered subsidy would provide an unfair competitive advantage to any bidder in the source selection process.CommentsClose CommentsPermalink

SEC. 825. REPORTS ON JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM.

(a) Independent Analyses-CommentsClose CommentsPermalink





(1) IN GENERAL- A comprehensive analysis of the Joint Capabilities Integration and Development System shall be independently performed by each of the following:CommentsClose CommentsPermalink





(A) The Secretary of Defense.CommentsClose CommentsPermalink





(B) A federally funded research and development center selected by the Secretary of Defense.CommentsClose CommentsPermalink





(2) MATTERS COVERED- Each such analysis shall--CommentsClose CommentsPermalink





(A) evaluate the entire Joint Capabilities Integration and Development System and the problems associated with it, with particular emphasis on the problems relating to the length of time and the costs involved in identifying, assessing, and validating joint military capability needs; andCommentsClose CommentsPermalink





(B) identify the best solutions to the problems evaluated under subparagraph (A) and develop recommendations to carry out those solutions.CommentsClose CommentsPermalink





(3) REPORTS- Not later than 6 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives--CommentsClose CommentsPermalink





(A) a report by the Secretary on the analysis performed by the Secretary under paragraph (1), with particular emphasis on continuous process improvement; andCommentsClose CommentsPermalink





(B) a report by the federally funded research and development center selected under paragraph (1)(B) on the analysis performed by the center under paragraph (1), together with such comments as the Secretary considers necessary on the report.CommentsClose CommentsPermalink





(b) Implementation-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense--CommentsClose CommentsPermalink





(A) shall develop and begin implementing a plan to address the problems with the Joint Capabilities Integration and Development System, taking into account the recommendations developed in the analyses required under subsection (a) and as part of a program to manage performance in establishing joint military requirements; andCommentsClose CommentsPermalink





(B) shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the plan, including, at a minimum, a timeline, objectives, milestones, and projected resource requirements.CommentsClose CommentsPermalink





(2) REPORT FORMAT- The report required under paragraph (1)(B) may be included as part of any report relating to a program to manage performance in establishing joint military requirements.CommentsClose CommentsPermalink

Subtitle D--Other MattersCommentsClose CommentsPermalink

SEC. 831. EXTENSION OF AUTHORITY FOR DEFENSE ACQUISITION CHALLENGE PROGRAM.

Section 2359b(k) of title 10, United States Code, is amended by striking ‘2012’ and inserting ‘2017’.CommentsClose CommentsPermalink

SEC. 832. ENERGY SAVINGS PERFORMANCE CONTRACTS.

(a) Competition Requirements for Task or Delivery Orders Under Energy Savings Performance Contracts- Section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Task or Delivery Orders- (1) The head of a Federal agency may issue a task or delivery order under an energy savings performance contract by--CommentsClose CommentsPermalink





‘(A) notifying all contractors that have received an award under such contract that the agency proposes to discuss energy savings performance services for some or all of its facilities and, following a reasonable period of time to provide a proposal in response to the notice, soliciting from such contractors the submission of expressions of interest in, and contractor qualifications for, performing site surveys or investigations and feasibility designs and studies, and including in the notice summary information concerning energy use for any facilities that the agency has specific interest in including in such task or delivery order;CommentsClose CommentsPermalink





‘(B) reviewing all expressions of interest and qualifications submitted pursuant to the notice under subparagraph (A);CommentsClose CommentsPermalink





‘(C) selecting two or more contractors (from among those reviewed under subparagraph (B)) to conduct discussions concerning the contractors’ respective qualifications to implement potential energy conservation measures, including--CommentsClose CommentsPermalink





‘(i) requesting references and specific detailed examples with respect to similar efforts and the resulting energy savings of such similar efforts; andCommentsClose CommentsPermalink





‘(ii) requesting an explanation of how such similar efforts relate to the scope and content of the task or delivery order concerned;CommentsClose CommentsPermalink





‘(D) selecting and authorizing--CommentsClose CommentsPermalink





‘(i) more than one contractor (from among those selected under subparagraph (C)) to conduct site surveys, investigations, feasibility designs and studies or similar assessments for the energy savings performance contract services (or for discrete portions of such services), for the purpose of allowing each such contractor to submit a firm, fixed-price proposal to implement specific energy conservation measures; orCommentsClose CommentsPermalink





‘(ii) one contractor (from among those selected under subparagraph (C)) to conduct a site survey, investigation, a feasibility design and study or similar assessment for the purpose of allowing the contractor to submit a firm, fixed-price proposal to implement specific energy conservation measures;CommentsClose CommentsPermalink





‘(E) providing a debriefing to any contractor not selected under subparagraph (D);CommentsClose CommentsPermalink





‘(F) negotiating a task or delivery order for energy savings performance contracting services with the contractor or contractors selected under subparagraph (D) based on the energy conservation measures identified; andCommentsClose CommentsPermalink





‘(G) issuing a task or delivery order for energy savings performance contracting services to such contractor or contractors.CommentsClose CommentsPermalink





‘(2) The issuance of a task or delivery order for energy savings performance contracting services pursuant to paragraph (1) is deemed to satisfy the task and delivery order competition requirements in section 2304c(d) of title 10, United States Code, and section 303J(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253j(d)).CommentsClose CommentsPermalink





‘(3) The Secretary may issue guidance as necessary to agencies issuing task or delivery orders pursuant to paragraph (1).’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) is inapplicable to task or delivery orders issued before the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 833. CONSIDERATION OF SUSTAINABLE PRACTICES IN PROCUREMENT OF PRODUCTS AND SERVICES.

(a) Consideration of Sustainable Practices-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense shall develop and issue guidance directing the Secretary of each military department and the head of each defense agency to consider sustainable practices in the procurement of products and services. Such guidance shall ensure that strategies for acquiring products or services to meet departmental or agency performance requirements favor products or services described in paragraph (2) if such products or services can be acquired on a life cycle cost-neutral basis.CommentsClose CommentsPermalink





(2) PRODUCTS OR SERVICES- A product or service described in this paragraph is a product or service that is energy-efficient, water-efficient, biobased, environmentally preferable, non-ozone-depleting, contains recycled content, is non-toxic, or is less toxic than alternative products or services.CommentsClose CommentsPermalink





(b) Exception- Subsection (a) does not apply to the acquisition of weapon systems or components of weapon systems.CommentsClose CommentsPermalink

SEC. 834. DEFINITION OF MATERIALS CRITICAL TO NATIONAL SECURITY.

Section 187 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) The term ‘materials critical to national security’ means materials--CommentsClose CommentsPermalink





‘(A) upon which the production or sustainment of military equipment is dependent; andCommentsClose CommentsPermalink





‘(B) the supply of which could be restricted by actions or events outside the control of the Government of the United States.CommentsClose CommentsPermalink





‘(2) The term ‘military equipment’ means equipment used directly by the armed forces to carry out military operations.’.CommentsClose CommentsPermalink

SEC. 835. DETERMINATION OF STRATEGIC OR CRITICAL RARE EARTH MATERIALS FOR DEFENSE APPLICATIONS.

(a) Assessment Required- The Secretary of Defense shall undertake an assessment of the supply chain for rare earth materials and determine which, if any, rare earth materials are strategic materials and which rare earth materials are materials critical to national security. For the purposes of the assessment--CommentsClose CommentsPermalink





(1) the Secretary may consider the views of other Federal agencies, as appropriate;CommentsClose CommentsPermalink





(2) any study conducted by the Director, Industrial Policy during fiscal year 2010 may be considered as partial fulfillment of the requirements of this section;CommentsClose CommentsPermalink





(3) any study conducted by the Comptroller General of the United States during fiscal year 2010 may be considered as partial fulfillment of the requirements of this section; andCommentsClose CommentsPermalink





(4) the Secretary shall consider the sources of rare earth materials (both in terms of source nations and number of vendors) including rare earth elements, rare earth metals, rare earth magnets, and other components containing rare earths.CommentsClose CommentsPermalink





(b) Plan- In the event that the Secretary determines that a rare earth material is a strategic material or a material critical to national security, the Secretary shall develop a plan to ensure the long-term availability of such rare earth material, with a goal of establishing domestic sources of such material by December 31, 2015. In developing the plan, the Secretary shall consider all relevant components of the value-chain, including mining, processing, refining, and manufacturing. The plan shall include consideration of numerous options with respect to the material, including--CommentsClose CommentsPermalink





(1) an assessment of including the material in the National Defense Stockpile;CommentsClose CommentsPermalink





(2) in consultation with the United States Trade Representative, the identification of any trade practices known to the Secretary that limit the Secretary’s ability to ensure the long-term availability of such material or the ability to meet the goal of establishing domestic sources of such material by December 31, 2015;CommentsClose CommentsPermalink





(3) an assessment of the availability of financing to industry, academic institutions, or not-for-profit entities to provide the capacity required to ensure the availability of the material and potential mechanisms to increase the availability of such financing;CommentsClose CommentsPermalink





(4) the benefits, if any, of Defense Production Act funding to support the establishment of a domestic rare earth manufacturing capability for military components;CommentsClose CommentsPermalink





(5) funding for research and development of any aspect of the rare earth supply-chain;CommentsClose CommentsPermalink





(6) any other risk mitigation method determined appropriate by the Secretary that is consistent with the goal of establishing domestic sources by December 31, 2015; andCommentsClose CommentsPermalink





(7) for components of the rare earth material supply-chain for which no other risk mitigation method, in accordance with paragraphs (1) through (6), will ensure the establishment of a domestic source by December 31, 2015, a specific plan to eliminate supply-chain vulnerability by the earliest date practicable.CommentsClose CommentsPermalink





(c) Report-CommentsClose CommentsPermalink





(1) REQUIREMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional committees described in paragraph (2) a report containing the findings of the assessment under subsection (a) and the plan (if any) developed under subsection (b).CommentsClose CommentsPermalink





(2) CONGRESSIONAL COMMITTEES- The congressional committees described in this paragraph are as follows:CommentsClose CommentsPermalink





(A) The congressional defense committees.CommentsClose CommentsPermalink





(B) The Committee on Financial Services and the Committee on Ways and Means of the House of Representatives.CommentsClose CommentsPermalink





(C) The Committee on Finance and the Committee on Banking, Housing, and Urban Affairs of the Senate.CommentsClose CommentsPermalink





(d) Definitions- In this section:CommentsClose CommentsPermalink





(1) STRATEGIC MATERIAL- The term ‘strategic material’ means a material--CommentsClose CommentsPermalink





(A) which is essential for military equipment;CommentsClose CommentsPermalink





(B) which is unique in the function it performs; andCommentsClose CommentsPermalink





(C) for which there are no viable alternatives.CommentsClose CommentsPermalink





(2) MATERIALS CRITICAL TO NATIONAL SECURITY- The term ‘materials critical to national security’ has the meaning provided by section 187(e) of title 10, United States Code, as amended by section 827 of this Act.CommentsClose CommentsPermalink

SEC. 836. REVIEW OF NATIONAL SECURITY EXCEPTION TO COMPETITION.

(a) Review Required- The Secretary of Defense shall review the implementation by the Department of Defense of the national security exception to full and open competition provided in section 2304(c)(6) of title 10, United States Code.CommentsClose CommentsPermalink





(b) Matters Reviewed- The review of the implementation of the national security exception required by subsection (a) shall include--CommentsClose CommentsPermalink





(1) the pattern of usage of such exception by acquisition organizations within the Department to determine which organizations are commonly using the exception and the frequency of such usage;CommentsClose CommentsPermalink





(2) the range of items or services being acquired through the use of such exception;CommentsClose CommentsPermalink





(3) the process for reviewing and approving justifications involving such exception;CommentsClose CommentsPermalink





(4) whether the justifications for use of such exception typically meet the relevant requirements of the Federal Acquisition Regulation applicable to the use of such exception;CommentsClose CommentsPermalink





(5) issues associated with follow-on procurements for items or services acquired using such exception; andCommentsClose CommentsPermalink





(6) potential additional instances where such exception could be applied and any authorities available to the Department of Defense other than such exception that could be applied in such instances.CommentsClose CommentsPermalink





(c) Report- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and of the House of Representatives a report on the review required by subsection (a), including a discussion of each of the matters specified in subsection (b). The report shall include any recommendations relating to the matters reviewed that the Secretary considers appropriate. The report shall be submitted in unclassified form but may include a classified annex.CommentsClose CommentsPermalink





(d) Regulations-CommentsClose CommentsPermalink





(1) REQUIREMENT- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional committees described in paragraph (2) draft regulations on the implementation of the national security exception to full and open competition provided in section 2304(c)(6) of title 10, United States Code, taking into account the results of the review required by subsection (a).CommentsClose CommentsPermalink





(2) CONGRESSIONAL COMMITTEES- The congressional committees described in this paragraph are the following:CommentsClose CommentsPermalink





(A) The Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink





(B) The Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink

SEC. 837. INCLUSION OF BRIBERY IN DISCLOSURE REQUIREMENTS OF THE FEDERAL AWARDEE PERFORMANCE AND INTEGRITY INFORMATION SYSTEM.

(a) Inclusion of Bribery in Disclosure Requirements- Section 872(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4556) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(8) To the maximum extent practical, information similar to the information covered by paragraph (1) in connection with any law relating to bribery of a country which is a signatory of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, signed at Paris on December 17, 1997.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall take effect not later than 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 838. REQUIREMENT FOR ENTITIES WITH FACILITY CLEARANCES THAT ARE NOT UNDER FOREIGN OWNERSHIP CONTROL OR INFLUENCE MITIGATION.

(a) Requirement- The Secretary of Defense shall require the directors of a covered entity to establish a government security committee that shall ensure that the covered entity employs and maintains policies and procedures that meet requirements under the national industrial security program.CommentsClose CommentsPermalink





(b) Covered Entity- A covered entity under this section is an entity--CommentsClose CommentsPermalink





(1) to which the Department of Defense has granted a facility clearance;CommentsClose CommentsPermalink





(2) that is not subject to foreign ownership control or influence mitigation measures; andCommentsClose CommentsPermalink





(3) that is a corporation.CommentsClose CommentsPermalink





(c) Discretionary Requirement- The Secretary of Defense may require that the requirement in subsection (a) apply to an entity that meets the elements described in paragraphs (1) and (2) of subsection (b) and is a limited liability company, sole proprietorship, nonprofit corporation, partnership, academic institution, or any other entity holding a facility clearance.CommentsClose CommentsPermalink





(d) Guidance- The Secretary of Defense shall develop implementing guidance for the requirement in subsection (a).CommentsClose CommentsPermalink





(e) Government Security Committee- For the purposes of this section, a government security committee is a subcommittee of a covered entity’s board of directors, made up of resident United States citizens, that is responsible for ensuring that the covered entity complies with the requirements of the national industrial security program.CommentsClose CommentsPermalink

SEC. 839. REPORT RELATED TO MINORITY-OWNED, WOMEN-OWNED, AND DISADVANTAGED-OWNED SMALL BUSINESSES.

Not later than December 1, 2010, the Secretary of Defense shall provide to the Congressional Black Caucus a report that includes a list of minority-owned, women-owned, and disadvantaged-owned small businesses that receive contracts resulting from authorized funding to the Department of Defense. The list shall cover the 10 calendar years preceding the date of the enactment of this Act and shall include, for each listed business, the name of the business and the business owner and the amount of the contract award.CommentsClose CommentsPermalink

SEC. 840. DEFENSE INDUSTRIAL BASE PRIORITY FOR RARE EARTH NEODYMIUM IRON BORON MAGNETS.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) There is an urgent need to restore the United States capability to manufacture sintered neodymium iron boron magnets for use in defense applications and there is an urgent need to eliminate the domestic supply-chain vulnerability related to these key materials in the defense supply-chain.CommentsClose CommentsPermalink





(2) An April 14, 2010 report by the Government Accountability Office entitled ‘Rare Earth Materials in the Defense Supply Chain’ demonstrates--CommentsClose CommentsPermalink





(A) the ‘United States is not currently producing neodymium iron boron magnets,’ a key rare earth material;CommentsClose CommentsPermalink





(B) that future availability of neodymium is largely controlled by Chinese suppliers;CommentsClose CommentsPermalink





(C) that alternatives to rare earth materials could reduce the demand and dependence on rare earth materials in 10 to 15 years, but these materials might not meet current application requirements;CommentsClose CommentsPermalink





(D) where rare earth materials are used in defense systems, the materials are responsible for the functionality of the component and would be difficult to replace without losing performance;CommentsClose CommentsPermalink





(E) fin actuators used in precision-guided munitions are specifically designed around the capabilities of neodymium iron boron rare earth magnets, which are primarily available from Chinese suppliers;CommentsClose CommentsPermalink





(F) the DDG-51 Hybrid Electric Drive Ship Program uses permanent-magnet motors using neodymium magnets from China; andCommentsClose CommentsPermalink





(G) future generations of some defense system components, such as transmit and receive modules for radars, will continue to depend on rare earth materials.CommentsClose CommentsPermalink





(3) The United States has the technological capability to restore its neodymium iron boron manufacturing capability.CommentsClose CommentsPermalink





(4) Worldwide supplies or rare earth materials, including neodymium, are expected to tighten significantly within the next 3-5 years.CommentsClose CommentsPermalink





(5) A domestic effort to restore domestic sintered neodymium iron boron magnet manufacturing capability, including efforts to qualify those magnets for use in defense applications, will take between 3-5 years and should begin immediately to avoid future weapon system delivery disruption.CommentsClose CommentsPermalink





(b) Requirement- Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan to establish a domestic source of sintered neodymium iron boron magnets for use in the defense supply chain.CommentsClose CommentsPermalink





(c) Sintered Neodymium Iron Boron Magnets- For the purposes of subsection (b), the capability to manufacture sintered neodymium iron boron magnets includes the alloying, pressing, and sintering of magnet materials. It does not include manufacturing magnets from standard shapes or imported blocks of neodymium. The Secretary’s plan shall not allow the grinding or reprocessing of neodymium to be considered a ‘domestic source of sintered neodymium iron boron magnets’.CommentsClose CommentsPermalink

SEC. 841. SENSE OF CONGRESS REGARDING COST SAVINGS THROUGH REDUCTIONS IN WASTE, FRAUD, AND ABUSE.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) The Secretary of Defense has undertaken meaningful efforts to eliminate waste, fraud, and abuse through contractor oversight and new policies and procedures aimed at increasing emphasis on ethics, governance, and fraud prevention.CommentsClose CommentsPermalink





(2) The Government Accountability Office report dated December 16, 2009, on the status of 3,099 recommendations made to the Department of Defense by the Government Accountability Office between 2001 and 2008, indicates that the Department of Defense has implemented 1,871, or 61 percent, of the recommendations.CommentsClose CommentsPermalink





(3) The Government Accountability Office estimates that the implementation of these recommendations yielded the Federal Government a savings of $89 billion from 2001 through 2007, averaging $12.7 billion in annual financial benefit.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) there is potential for additional and significant cost savings through further reductions by the Secretary of Defense in waste, fraud, and abuse, particularly with regard to contracting processes; andCommentsClose CommentsPermalink





(2) the Secretary of Defense should make implementation of the remaining Government Accountability Office recommendations an utmost priority of the Department of Defense.CommentsClose CommentsPermalink

SEC. 842. PROCUREMENT OF ARTICLES, MATERIALS, AND SUPPLIES FOR USE OUTSIDE THE UNITED STATES.

(a) Requirement- In procuring articles, materials, or supplies for use outside of the United States, including procurements for military construction projects, the Department of Defense shall solicit bids from United States sources.CommentsClose CommentsPermalink





(b) Exception- Subsection (a) shall not apply if the articles, materials, or supplies to be procured are--CommentsClose CommentsPermalink





(1) not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities;CommentsClose CommentsPermalink





(2) needed on an urgent basis and not acquired on a regular basis; orCommentsClose CommentsPermalink





(3) perishable, or will otherwise degrade because of the time involved in shipping.CommentsClose CommentsPermalink

SEC. 843. ADDITIONAL INFORMATION ON WAIVERS UNDER BUY AMERICAN ACT BY DEPARTMENT OF DEFENSE REQUIRED TO BE INCLUDED IN ANNUAL REPORT.

Section 812 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 2501 note) is amended in subsection (c)(2)(A) by striking clause (vi) and inserting the following:CommentsClose CommentsPermalink





‘(v) An itemized list of all waivers granted with respect to such articles, materials, or supplies under the Buy American Act (41 U.S.C. 10a et seq.), including--CommentsClose CommentsPermalink





‘(I) an analysis of the domestic capacity to supply the articles, materials, or supplies; andCommentsClose CommentsPermalink





‘(II) an analysis of the reasons for an increase or decrease in the number of waivers granted from fiscal year to fiscal year.’.CommentsClose CommentsPermalink

SEC. 844. REQUIREMENT TO INCLUDE EFFECTS ON DOMESTIC JOBS IN PERIODIC ASSESSMENTS OF DEFENSE CAPABILITY.

Section 2505(b)(4) of title 10, United States Code, is amended by inserting after ‘title)’ the following: ‘, including the effects on domestic jobs,’.CommentsClose CommentsPermalink

SEC. 845. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS.

(a) Extension of Regulations-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense, in coordination with the Secretary of State, shall issue regulations to extend and apply the requirements of section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) to additional areas as designated under paragraph (2) and as listed in paragraph (3).CommentsClose CommentsPermalink





(2) ADDITIONAL AREAS DESIGNATED- The Secretary of Defense shall designate as additional areas for purposes of this section any area--CommentsClose CommentsPermalink





(A) that is an area within a foreign country or an area covering all or part of more than one foreign country;CommentsClose CommentsPermalink





(B) that is not an area of combat operations as designated under subsection (c) of section 862 of such Act; andCommentsClose CommentsPermalink





(C) in which significant military operations, as designated by the Secretary, are being carried out by United States Armed Forces.CommentsClose CommentsPermalink





(3) ADDITIONAL AREAS LISTED- In addition to any areas designated by the Secretary under paragraph (2), the following areas shall be considered additional areas listed in this paragraph for purposes of this section:CommentsClose CommentsPermalink





(A) The Horn of Africa region.CommentsClose CommentsPermalink





(B) Yemen.CommentsClose CommentsPermalink





(C) The Philippines.CommentsClose CommentsPermalink





(D) Haiti.CommentsClose CommentsPermalink





(b) Extension Timelines- The Secretary shall prescribe regulations applicable to the additional areas--CommentsClose CommentsPermalink





(1) designated under subsection (a)(2), not later than March 1, 2012; andCommentsClose CommentsPermalink





(2) listed in subsection (a)(3), not later than March 1, 2011.CommentsClose CommentsPermalink





(c) Report on Implementation- Not later than 90 days after the dates specified in subsection (b), the Secretary of Defense, in coordination with the Secretary of State, shall submit to Congress a report on the implementation of the regulations prescribed under this section. The report shall include--CommentsClose CommentsPermalink





(1) a complete list of additional areas designated by the Secretary under subsection (a)(2), and a detailed description of the criteria used to make the designation;CommentsClose CommentsPermalink





(2) the total number of contractors performing private security functions in each additional area designated under subsection (a)(2) or listed in subjection (a)(3); andCommentsClose CommentsPermalink





(3) an assessment of the long-term options for reducing the use of contractors for private security functions, including the use of Government personnel to provide such functions.CommentsClose CommentsPermalink





(d) Private Security Functions- Notwithstanding section 864 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181), as amended by section 813 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84), in this section, the term ‘private security functions’ means activities engaged in by a contractor as follows:CommentsClose CommentsPermalink





(1) Guarding of personnel, facilities, or property of a Federal agency.CommentsClose CommentsPermalink





(2) Any other activity for which personnel are required to carry weapons in the performance of their duties.CommentsClose CommentsPermalink

SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES.

(a) Contract Requirement- The Secretary of Defense shall ensure that each contract awarded by the Department of Defense that includes the procurement of photovoltaic devices, including contracts described in subsection (b), includes a provision requiring the photovoltaic devices to comply with the Buy American Act (41 U.S.C. 10a et seq.).CommentsClose CommentsPermalink





(b) Contracts Described- The contracts described in this subsection include, but are not limited to, energy savings performance contracts, utility service contracts, land leases, and private housing contracts.CommentsClose CommentsPermalink





(c) Definition of Photovoltaic Devices- In this section, the term ‘photovoltaic devices’ means devices that convert light directly into electricity through a solid-state, semiconductor process.CommentsClose CommentsPermalink

SEC. 847. REQUIREMENT FOR CONTRACTS IN IRAQ AND AFGHANISTAN TO USE EMPLOYEES AND NOT INDEPENDENT CONTRACTORS FOR PRIVATE SECURITY SERVICES.

(a) Requirement- Any contract in Iraq or Afghanistan for the procurement of private security services shall contain a requirement that, in the case of any contractor using individuals who are United States citizens and required to have a United States security clearance to perform private security services under the contract, the contractor shall use employees and not independent contractors for the provision of such services.CommentsClose CommentsPermalink





(b) Contract in Iraq or Afghanistan- In this section, the term ‘contract in Iraq or Afghanistan’ means a contract with the Department of Defense, the Department of State, or the United States Agency for International Development, a subcontract at any tier issued under such a contract, or a task order or delivery order at any tier issued under such a contract (including a contract, subcontract, or task order or delivery order issued by another Government agency for the Department of Defense, the Department of State, or the United States Agency for International Development), if the contract, subcontract, or task order or delivery order involves work performed in Iraq or Afghanistan for a period longer than 14 days.CommentsClose CommentsPermalink





(c) Private Security Services- In this section, the term ‘private security services’ means activities engaged in by a contractor under a contract in Iraq or Afghanistan and includes--CommentsClose CommentsPermalink





(1) guarding of personnel, facilities, or property of a Federal agency, the contractor or subcontractor, or a third party;CommentsClose CommentsPermalink





(2) any other activity for which personnel are required to carry weapons in the performance of their duties; andCommentsClose CommentsPermalink





(3) training in any activity covered by paragraph (1) or (2).CommentsClose CommentsPermalink





(d) Waiver Authority- The Secretary of Defense, the Secretary of State, or the Administrator of the United States Agency for International Development may waive the requirement in subsection (a) with respect to a contract of the Department of Defense, the Department of State, or the United States Agency for International Development, respectively, if the Secretary concerned or the Administrator--CommentsClose CommentsPermalink





(1) determines in writing that a waiver is necessary in the interests of national security; andCommentsClose CommentsPermalink





(2) submits to Congress a notification of such waiver.CommentsClose CommentsPermalink

SEC. 848. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN EVALUATION OF OFFERS FOR KC-X AERIAL REFUELING AIRCRAFT PROGRAM.

(a) Requirement to Consider Unfair Competitive Advantage- In awarding a contract for the KC-X aerial refueling aircraft program (or any successor to that program), the Secretary of Defense shall, in evaluating any offers submitted to the Department of Defense in response to a solicitation for offers for such program, consider any unfair competitive advantage that an offeror may possess.CommentsClose CommentsPermalink





(b) Report- Not later than 60 days after submission of offers in response to any such solicitation, the Secretary of Defense shall submit to the congressional defense committees a report on any unfair competitive advantage that any offeror may possess.CommentsClose CommentsPermalink





(c) Requirement to Take Findings Into Account in Award of Contract- In awarding a contract for the KC-X aerial refueling aircraft program (or any successor to that program), the Secretary of Defense shall take into account the findings of the report submitted under subsection (b).CommentsClose CommentsPermalink





(d) Unfair Competitive Advantage- In this section, the term ‘unfair competitive advantage’, with respect to an offer for a contract, means a situation in which the cost of development, production, or manufacturing is not fully borne by the offeror for such contract.CommentsClose CommentsPermalink

SEC. 849. DEBARMENT OF BP AND ITS SUBSIDIARIES.

(a) Contracts With BP and Its Subsidiaries- If the Secretary of Defense determines that BP or any of its subsidiaries performing any contract with the Department of Defense is no longer a responsible source (as defined in section 2302 of title 10, United States Code), the Secretary shall determine, not later than 90 days after making such determination, whether BP or its subsidiaries should be debarred from contracting with the Department of Defense.CommentsClose CommentsPermalink





(b) Debar- In this section, the term ‘debar’ has the meaning given that term by section 2393(c) of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 850. OFFICE OF FEDERAL PROCUREMENT POLICY ACT AMENDMENTS.

(a) Service Contract Inventory Requirement-CommentsClose CommentsPermalink





(1) IN GENERAL- The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 45. SERVICE CONTRACT INVENTORY REQUIREMENT.

‘(a) Service Contract Inventory Requirement-CommentsClose CommentsPermalink





‘(1) GUIDANCE- The Director of the Office of Management and Budget shall develop and disseminate guidance to aid executive agencies in establishing systems for the collection of information required to meet the requirements of this section and to ensure consistency of inventories across agencies.CommentsClose CommentsPermalink





‘(2) REPORT- The Director of the Office of Management and Budget shall submit a report to Congress on the status of efforts to enable executive agencies to prepare the inventories required under paragraph (3), including the development, as appropriate, of guidance, methodologies, and technical tools.CommentsClose CommentsPermalink





‘(3) INVENTORY CONTENTS- Not later than December 31, 2010, and annually thereafter, the head of each executive agency required to submit an inventory in accordance with the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note), other than the Department of Defense, shall submit to the Office of Management and Budget an annual inventory of service contracts awarded or extended through the exercise of an option or a task order, for or on behalf of such agency. For each service contract, the entry for an inventory under this section shall include, for the preceding fiscal year, the following:CommentsClose CommentsPermalink





‘(A) A description of the services purchased by the executive agency and the role the services played in achieving agency objectives, regardless of whether such a purchase was made through a contract or task order.CommentsClose CommentsPermalink





‘(B) The organizational component of the executive agency administering the contract, and the organizational component of the agency whose requirements are being met through contractor performance of the service.CommentsClose CommentsPermalink





‘(C) The total dollar amount obligated for services under the contract and the funding source for the contract.CommentsClose CommentsPermalink





‘(D) The total dollar amount invoiced for services under the contract.CommentsClose CommentsPermalink





‘(E) The contract type and date of award.CommentsClose CommentsPermalink





‘(F) The name of the contractor and place of performance.CommentsClose CommentsPermalink





‘(G) The number and work location of contractor and subcontractor employees, expressed as full-time equivalents for direct labor, compensated under the contract, using direct labor hours and associated cost data collected from contractors.CommentsClose CommentsPermalink





‘(H) Whether the contract is a personal services contract.CommentsClose CommentsPermalink





‘(I) Whether the contract was awarded on a noncompetitive basis, regardless of date of award.CommentsClose CommentsPermalink





‘(b) Form- Reports required under this section shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink





‘(c) Publication- Not later than 30 days after the date on which the inventory under subsection (a)(3) is required to be submitted to the Office of Management and Budget, the head of each executive agency shall--CommentsClose CommentsPermalink





‘(1) make the inventory available to the public; andCommentsClose CommentsPermalink





‘(2) publish in the Federal Register a notice that the inventory is available to the public.CommentsClose CommentsPermalink





‘(d) Government-wide Inventory Report- Not later than 90 days after the deadline for submitting inventories under subsection (a)(3), and annually thereafter, the Director of the Office of Management and Budget shall submit to Congress and make publicly available on the Office of Management and Budget website a report on the inventories submitted. The report shall identify whether each agency required to submit an inventory under subsection (a)(3) has met such requirement and summarize the information submitted by each executive agency required to have a Chief Financial Officer pursuant to section 901 of title 31, United States Code.CommentsClose CommentsPermalink





‘(e) Review and Planning Requirements- Not later than 180 days after the deadline for submitting inventories under subsection (a)(3) for an executive agency, the head of the executive agency, or an official designated by the agency head shall--CommentsClose CommentsPermalink





‘(1) review the contracts and information in the inventory;CommentsClose CommentsPermalink





‘(2) ensure that--CommentsClose CommentsPermalink





‘(A) each contract in the inventory that is a personal services contract has been entered into, and is being performed, in accordance with applicable laws and regulations;CommentsClose CommentsPermalink





‘(B) the contracts do not include to the maximum extent practicable functions that are closely associated with inherently governmental functions;CommentsClose CommentsPermalink





‘(C) the agency is not using contractor employees to perform inherently governmental functions;CommentsClose CommentsPermalink





‘(D) the agency has specific safeguards and monitoring systems in place to ensure that work being performed by contractors has not changed or expanded during performance to become an inherently governmental function;CommentsClose CommentsPermalink





‘(E) the agency is not using contractor employees to perform critical functions in such a way that could affect the ability of the agency to maintain control of its mission and operations; andCommentsClose CommentsPermalink





‘(F) there are sufficient internal agency resources to manage and oversee contracts effectively;CommentsClose CommentsPermalink





‘(3) identify contracts that have been poorly performed, as determined by a contracting officer, because of excessive costs or inferior quality; andCommentsClose CommentsPermalink





‘(4) identify contracts that should be considered for conversion to--CommentsClose CommentsPermalink





‘(A) performance by Federal employees of the executive agency in accordance with agency insourcing guidelines required under section 736 of the Financial Services and General Government Appropriations Act, 2009 (Public Law 111-8, division D) and section 46 of this Act; orCommentsClose CommentsPermalink





‘(B) an alternative acquisition approach that would better enable the agency to efficiently utilize its assets and achieve its public mission.CommentsClose CommentsPermalink





‘(f) Report on Actions Taken in Response to Annual Inventory- Not later than one year after submitting an annual inventory under subsection (a)(3), the head of each executive agency submitting such an inventory shall submit to the Office of Management and Budget a report summarizing the actions taken pursuant to subsection (e), including any actions taken to consider and convert functions from contractor to Federal employee performance. The report shall be included as an attachment to the next annual inventory and made publicly available in accordance with subsection (c).CommentsClose CommentsPermalink





‘(g) Submission of Service Contract Inventory Before Public-private Competition- Notwithstanding any other provision of law, beginning in fiscal year 2011, if an executive agency has not submitted to the Office of Management and Budget the inventory required under subsection (a)(3) for the prior fiscal year, the agency may not begin, plan for, or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by Federal employees pursuant to Office of Management and Budget Circular A-76 or any other administrative regulation or directive until such time as the inventory is submitted for the prior fiscal year.CommentsClose CommentsPermalink





‘(h) GAO Reports on Implementation-CommentsClose CommentsPermalink





‘(1) REPORT ON GUIDANCE- Not later than 120 days after submission of the report by the Director of the Office of Management and Budget required under subsection (a)(2), the Comptroller General of the United States shall report on the guidance issued and actions taken by the Director. The report shall be submitted to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink





‘(2) REPORTS ON INVENTORIES-CommentsClose CommentsPermalink





‘(A) INITIAL INVENTORY- Not later than September 30, 2011, the Comptroller General of the United States shall submit a report to the Committees named in the preceding paragraph on the initial implementation by executive agencies of the inventory requirement in subsection (a)(3) with respect to inventories required to be submitted by December 31, 2010.CommentsClose CommentsPermalink





‘(B) SECOND INVENTORY- Not later than September 30, 2012, the Comptroller General shall submit a report to the same Committees on annual inventories required to be submitted by December 31, 2011.CommentsClose CommentsPermalink





‘(3) PERIODIC BRIEFINGS- The Comptroller General shall provide periodic briefings, as may be requested by the Committees, on matters related to implementation of this section.CommentsClose CommentsPermalink





‘(i) Executive Agency Defined- In this section, the term ‘executive agency’ has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections in section 1 of such Act is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘Sec. 45. Service contract inventory requirement.’.CommentsClose CommentsPermalink





(3) REPEAL OF SUPERSEDED LAW- Section 743(c) of the Financial Services and General Government Appropriations Act, 2010 (Public Law 111-117; 123 Stat. 3216) is amended by striking ‘and annually thereafter,’.CommentsClose CommentsPermalink





(b) Prohibition Against Direct Conversions-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 43(a)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 439) is amended by striking ‘10 or more’.CommentsClose CommentsPermalink





(2) GUIDANCE- Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to all Federal agencies other than the Department of Defense to ensure that no function last performed by Federal employees is converted to contractor performance without complying with the requirements of section 43 of such Act, as amended by this section.CommentsClose CommentsPermalink





(c) Guidelines on Insourcing New and Contracted Out Functions-CommentsClose CommentsPermalink





(1) IN GENERAL- The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.), as amended by subsection (a), is further amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 46. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT FUNCTIONS.

‘(a) Guidelines Required- (1) The heads of executive agencies subject to the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note) shall devise and implement guidelines and procedures to ensure that consideration is given to using, on a regular basis, Federal employees to perform new functions and functions that are performed by contractors and could be performed by Federal employees.CommentsClose CommentsPermalink





‘(2) The guidelines and procedures required under subparagraph (A) may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Federal employees.CommentsClose CommentsPermalink





‘(b) Special Consideration for Certain Functions- The guidelines and procedures required under paragraph (1) shall provide for special consideration to be given to using Federal employees to perform any function that--CommentsClose CommentsPermalink





‘(1) is performed by a contractor and--CommentsClose CommentsPermalink





‘(A) has been performed by Federal employees at any time during the previous 10 years;CommentsClose CommentsPermalink





‘(B) is a function closely associated with the performance of an inherently governmental function;CommentsClose CommentsPermalink





‘(C) has been performed pursuant to a contract awarded on a non-competitive basis; orCommentsClose CommentsPermalink





‘(D) has been performed poorly, as determined by a contracting officer during the 5-year period preceding the date of such determination, because of excessive costs or inferior quality; orCommentsClose CommentsPermalink





‘(2) is a new requirement, with particular emphasis given to a new requirement that is similar to a function previously performed by Federal employees or is a function closely associated with the performance of an inherently governmental function.CommentsClose CommentsPermalink





‘(c) Exclusion of Certain Functions From Competitions- The head of an executive agency may not conduct a public-private competition under Office of Management and Budget Circular A-76 or any other provision of law or regulation before--CommentsClose CommentsPermalink





‘(1) in the case of a new agency function, assigning the performance of the function to Federal employees;CommentsClose CommentsPermalink





‘(2) in the case of any agency function described in paragraph (2), converting the function to performance by Federal employees; orCommentsClose CommentsPermalink





‘(3) in the case of an agency function performed by Federal employees, expanding the scope of the function.CommentsClose CommentsPermalink





‘(d) Deadline- (1) The head of each executive agency shall implement the guidelines and procedures required under this subsection by not later than 120 days after the date of the enactment of this subsection.CommentsClose CommentsPermalink





‘(2) Not later than 210 days after the date of the enactment of this subsection, the Government Accountability Office shall submit a report on the implementation of this subsection to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink





‘(e) Definitions- In this subsection:CommentsClose CommentsPermalink





‘(1) The term ‘inherently governmental functions’ has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation.CommentsClose CommentsPermalink





‘(2) The term ‘functions closely associated with inherently governmental functions’ means the functions described in section 7.503(d) of the Federal Acquisition Regulation.CommentsClose CommentsPermalink





‘(f) Applicability- This subsection shall not apply to the Department of Defense.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections in section 1 of such Act, as amended by subsection (a), is further amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘Sec. 46. Guidelines on insourcing new and contracted out functions.’.CommentsClose CommentsPermalink





(3) REPEAL OF SUPERSEDED LAW- Subsection (b) of section 739 of division D of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2030) is repealed.CommentsClose CommentsPermalink





(d) Conversion of Functions to Performance by Federal Employees-CommentsClose CommentsPermalink





(1) DECISION TO INSOURCE- The Office of Management and Budget shall not establish any numerical goal, target, or quota for the conversion to performance by Federal employees of functions previously performed by contractors unless such goal, target, or quota is based on considered research and analysis.CommentsClose CommentsPermalink





(2) REPORTS-CommentsClose CommentsPermalink





(A) REPORT TO CONGRESS- The Office of Management and Budget shall submit to Congress a report on the aggregate results of the efforts of each Federal agency to convert functions from contractor performance to performance by Federal agency employees made during fiscal year 2010. Such report shall include--CommentsClose CommentsPermalink





(i) agency decisions for converting such functions to Federal employee performance;CommentsClose CommentsPermalink





(ii) the basis and rationale for the agency decisions; andCommentsClose CommentsPermalink





(iii) the number of contractor employees whose functions were converted to performance by Federal employees.CommentsClose CommentsPermalink





(B) COMPTROLLER GENERAL REPORT- Not later than 120 days after the submittal of the report under paragraph (1), the Comptroller General of the United States shall submit to the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate an assessment of the report.CommentsClose CommentsPermalink





(3) DEPARTMENT OF DEFENSE- Nothing in this subsection shall apply to the Department of Defense.CommentsClose CommentsPermalink

SEC. 851. REQUIREMENT TO JUSTIFY THE USE OF FACTORS OTHER THAN COST OR PRICE AS THE PREDOMINATE FACTORS IN EVALUATING COMPETITIVE PROPOSALS FOR DEFENSE PROCUREMENT CONTRACTS.

(a) Requirement- Subparagraph (A) of section 2305(a)(2) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of clause (i); andCommentsClose CommentsPermalink





(2) by inserting after clause (ii) the following new clause:CommentsClose CommentsPermalink





‘(iii) in the case of a solicitation in which factors other than cost or price when combined are more important than cost or price, the reasons why assigning at least equal importance to cost or price would not better serve the Government’s interest; and’.CommentsClose CommentsPermalink





(b) Report- Section 2305(a)(3) of such title is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(C) Not later than 180 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress, and post on a publicly available website of the Department of Defense, a report describing the solicitations for which a statement pursuant to paragraph (2)(A)(iii) was included.’.CommentsClose CommentsPermalink

SEC. 852. PENALTIES ON CONTRACTORS NOT PROVIDING INFORMATION TO DATABASES ON CONTRACTS IN IRAQ AND AFGHANISTAN.

Section 861 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Penalties- Any contract in Iraq or Afghanistan entered into or modified after September 1, 2011, shall include a clause requiring the imposition of a penalty, by the department or agency awarding the contract, on any contractor that does not comply with requirements under this section, including requirements in the memorandum of understanding required by subsection (a), to provide information for the common databases identified under subsection (b)(4), including updating the information required. The penalty shall consist of the withholding of award and incentive fees.’.CommentsClose CommentsPermalink

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENTCommentsClose CommentsPermalink

Subtitle A--Department of Defense ManagementCommentsClose CommentsPermalink

SEC. 901. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE CORPS.

(a) Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps-CommentsClose CommentsPermalink





(1) REDESIGNATION OF MILITARY DEPARTMENT- The military department designated as the Department of the Navy is redesignated as the Department of the Navy and Marine Corps.CommentsClose CommentsPermalink





(2) REDESIGNATION OF SECRETARY AND OTHER STATUTORY OFFICES-CommentsClose CommentsPermalink





(A) SECRETARY- The position of the Secretary of the Navy is redesignated as the Secretary of the Navy and Marine Corps.CommentsClose CommentsPermalink





(B) OTHER STATUTORY OFFICES- The positions of the Under Secretary of the Navy, the four Assistant Secretaries of the Navy, and the General Counsel of the Department of the Navy are redesignated as the Under Secretary of the Navy and Marine Corps, the Assistant Secretaries of the Navy and Marine Corps, and the General Counsel of the Department of the Navy and Marine Corps, respectively.CommentsClose CommentsPermalink





(b) Conforming Amendments to Title 10, United States Code-CommentsClose CommentsPermalink





(1) DEFINITION OF ‘MILITARY DEPARTMENT’- Paragraph (8) of section 101(a) of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(8) The term ‘military department’ means the Department of the Army, the Department of the Navy and Marine Corps, and the Department of the Air Force.’.CommentsClose CommentsPermalink





(2) ORGANIZATION OF DEPARTMENT- The text of section 5011 of such title is amended to read as follows: ‘The Department of the Navy and Marine Corps is separately organized under the Secretary of the Navy and Marine Corps.’.CommentsClose CommentsPermalink





(3) POSITION OF SECRETARY- Section 5013(a)(1) of such title is amended by striking ‘There is a Secretary of the Navy’ and inserting ‘There is a Secretary of the Navy and Marine Corps’.CommentsClose CommentsPermalink





(4) CHAPTER HEADINGS-CommentsClose CommentsPermalink





(A) The heading of chapter 503 of such title is amended to read as follows:CommentsClose CommentsPermalink

‘CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS’.

(B) The heading of chapter 507 of such title is amended to read as follows:CommentsClose CommentsPermalink

‘CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE CORPS’.

(5) OTHER AMENDMENTS-CommentsClose CommentsPermalink





(A) Title 10, United States Code, is amended by striking ‘Department of the Navy’ and ‘Secretary of the Navy’ each place they appear other than as specified in paragraphs (1), (2), (3), and (4) (including in section headings, subsection captions, tables of chapters, and tables of sections) and inserting ‘Department of the Navy and Marine Corps’ and ‘Secretary of the Navy and Marine Corps’, respectively, in each case with the matter inserted to be in the same typeface and typestyle as the matter stricken.CommentsClose CommentsPermalink





(B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2), 5032(a), and 5042(a) of such title are amended by striking ‘Assistant Secretaries of the Navy’ and inserting ‘Assistant Secretaries of the Navy and Marine Corps’.CommentsClose CommentsPermalink





(ii) The heading of section 5016 of such title, and the item relating to such section in the table of sections at the beginning of chapter 503 of such title, are each amended by inserting ‘and Marine Corps’ after ‘of the Navy’, with the matter inserted in each case to be in the same typeface and typestyle as the matter amended.CommentsClose CommentsPermalink





(c) Other Provisions of Law and Other References-CommentsClose CommentsPermalink





(1) TITLE 37, UNITED STATES CODE- Title 37, United States Code, is amended by striking ‘Department of the Navy’ and ‘Secretary of the Navy’ each place they appear and inserting ‘Department of the Navy and Marine Corps’ and ‘Secretary of the Navy and Marine Corps’, respectively.CommentsClose CommentsPermalink





(2) OTHER REFERENCES- Any reference in any law other than in title 10 or title 37, United States Code, or in any regulation, document, record, or other paper of the United States, to the Department of the Navy shall be considered to be a reference to the Department of the Navy and Marine Corps. Any such reference to an office specified in subsection (b)(2) shall be considered to be a reference to that officer as redesignated by that section.CommentsClose CommentsPermalink





(d) Effective Date- This section and the amendments made by this section shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 902. REALIGNMENT OF THE ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE SECRETARY OF DEFENSE TO CARRY OUT THE REDUCTION REQUIRED BY LAW IN THE NUMBER OF DEPUTY UNDER SECRETARIES OF DEFENSE.

(a) Redesignation of Certain Positions in the Office of the Secretary of Defense- Positions in the Office of the Secretary of Defense of the Department of Defense are hereby redesignated as Assistant Secretaries of Defense as follows:CommentsClose CommentsPermalink





(1) The Director of Defense Research and Engineering is redesignated as the Assistant Secretary of Defense for Research and Engineering.CommentsClose CommentsPermalink





(2) The Director of Operational Energy Plans and Programs is redesignated as the Assistant Secretary of Defense for Operational Energy Plans and Programs.CommentsClose CommentsPermalink





(3) The Director of Cost Assessment and Program Evaluation is redesignated as the Assistant Secretary of Defense for Cost Assessment and Program Evaluation.CommentsClose CommentsPermalink





(4) The Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs is redesignated as the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.CommentsClose CommentsPermalink





(b) Amendments to Chapter 4 of Title 10 Relating to Realignment- Chapter 4 of title 10, United States Code, is amended as follows:CommentsClose CommentsPermalink





(1) REPEAL OF SEPARATE DEPUTY UNDER SECRETARY PROVISIONS- The following sections are repealed: 133a, 134a, and 136a.CommentsClose CommentsPermalink





(2) COMPONENTS OF OSD- Section 131(b) is amended to read as follows:CommentsClose CommentsPermalink





‘(b) The Office of the Secretary of Defense is composed of the following:CommentsClose CommentsPermalink





‘(1) The Deputy Secretary of Defense.CommentsClose CommentsPermalink





‘(2) The Under Secretaries of Defense, as follows:CommentsClose CommentsPermalink





‘(A) The Under Secretary of Defense for Acquisition, Technology, and Logistics.CommentsClose CommentsPermalink





‘(B) The Under Secretary of Defense for Policy.CommentsClose CommentsPermalink





‘(C) The Under Secretary of Defense (Comptroller).CommentsClose CommentsPermalink





‘(D) The Under Secretary of Defense for Personnel and Readiness.CommentsClose CommentsPermalink





‘(E) The Under Secretary of Defense for Intelligence.CommentsClose CommentsPermalink





‘(3) The Deputy Chief Management Officer of the Department of Defense.CommentsClose CommentsPermalink





‘(4) The Principal Deputy Under Secretaries of Defense.CommentsClose CommentsPermalink





‘(5) The Assistant Secretaries of Defense.CommentsClose CommentsPermalink





‘(6) Other officers who are appointed by the President, by and with the advice and consent of the Senate, as follows:CommentsClose CommentsPermalink





‘(A) The Director of Operational Test and Evaluation.CommentsClose CommentsPermalink





‘(B) The General Counsel of the Department of Defense.CommentsClose CommentsPermalink





‘(C) The Inspector General of the Department of Defense.CommentsClose CommentsPermalink





‘(7) Other officials provided for by law, as follows:CommentsClose CommentsPermalink





‘(A) The official designated under section 1501(a) of this title to have responsibility for Department of Defense matters relating to missing persons as set forth in section 1501 of this title.CommentsClose CommentsPermalink





‘(B) The official designated under section 2228(a)(2) of this title to have responsibility for Department of Defense policy related to the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense and for directing the activities of the Office of Corrosion Policy and Oversight.CommentsClose CommentsPermalink





‘(C) The officials designated under subsections (a) and (b) of section 2438(a) of this title to have responsibility, respectively, for developmental test and evaluation and for systems engineering.CommentsClose CommentsPermalink





‘(D) The official designated under section 2438a(a) of this title to have responsibility for conducting and overseeing performance assessments and root cause analyses for major defense acquisition programs.CommentsClose CommentsPermalink





‘(E) The Director of Small Business Programs, provided for under section 2508 of this title.CommentsClose CommentsPermalink





‘(8) Such other offices and officials as may be established by law or the Secretary of Defense may establish or designate in the Office.’.CommentsClose CommentsPermalink





(3) PRINCIPAL DEPUTY UNDER SECRETARIES OF DEFENSE- Section 137a is amended--CommentsClose CommentsPermalink





(A) in subsections (a)(1), (b), and (d), by striking ‘Deputy Under’ each place it appears and inserting ‘Principal Deputy Under’;CommentsClose CommentsPermalink





(B) in subsection (a)(2), by striking ‘(A) The’ and all that follows through ‘(5) of subsection (c)’ and inserting ‘The Principal Deputy Under Secretaries of Defense’;CommentsClose CommentsPermalink





(C) in subsection (c)--CommentsClose CommentsPermalink





(i) by striking ‘One of the Deputy’ in paragraphs (1), (2), (3), (4), and (5) and inserting ‘One of the Principal Deputy’;CommentsClose CommentsPermalink





(ii) by striking ‘appointed’ and all that follows through ‘this title’ in paragraphs (1), (2), and (3);CommentsClose CommentsPermalink





(iii) by striking ‘shall be’ in paragraphs (4) and (5) and inserting ‘is’; andCommentsClose CommentsPermalink





(iv) by adding at the end of paragraph (5) the following new sentence: ‘Any individual nominated for appointment as the Principal Deputy Under Secretary of Defense for Intelligence shall have extensive intelligence expertise.’; andCommentsClose CommentsPermalink





(D) by adding at the end of subsection (d) the following new sentence: ‘The Principal Deputy Under Secretaries take precedence among themselves in the order prescribed by the Secretary of Defense.’.CommentsClose CommentsPermalink





(4) ASSISTANT SECRETARIES OF DEFENSE- Section 138 is amended--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) by striking ‘12’ and inserting ‘17’; andCommentsClose CommentsPermalink





(ii) by striking ‘(A) The’ and all that follows through ‘The other’ and inserting ‘The’;CommentsClose CommentsPermalink





(B) in subsection (b)--CommentsClose CommentsPermalink





(i) by striking ‘shall be’ in paragraphs (2), (3), (4), (5), and (6) and inserting ‘is’;CommentsClose CommentsPermalink





(ii) by striking ‘appointed pursuant to section 138a of this title’ in paragraph (7); andCommentsClose CommentsPermalink





(iii) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(8) One of the Assistant Secretaries is the Assistant Secretary of Defense for Research and Engineering. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Research and Engineering shall have the duties specified in section 138b of this title.CommentsClose CommentsPermalink





‘(9) One of the Assistant Secretaries is the Assistant Secretary of Defense for Operational Energy Plans and Programs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Operational Energy Plans and Programs shall have the duties specified in section 138c of this title.CommentsClose CommentsPermalink





‘(10) One of the Assistant Secretaries is the Assistant Secretary of Defense for Cost Assessment and Program Evaluation. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Cost Assessment and Program Evaluation shall have the duties specified in section 138d of this title.CommentsClose CommentsPermalink





‘(11) One of the Assistant Secretaries is the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall have the duties specified in section 138e of this title.’; andCommentsClose CommentsPermalink





(C) in subsection (d), by striking ‘and the Director of Defense Research and Engineering’ and inserting ‘the Deputy Chief Management Officer of the Department of Defense, and the Principal Deputy Under Secretaries of Defense’.CommentsClose CommentsPermalink





(5) ASSISTANT SECRETARY FOR LOGISTICS AND MATERIEL READINESS- Section 138a(a) is amended--CommentsClose CommentsPermalink





(A) by striking ‘There is a’ and inserting ‘The’; andCommentsClose CommentsPermalink





(B) by striking ‘, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Assistant Secretary’.CommentsClose CommentsPermalink





(6) ASSISTANT SECRETARY FOR RESEARCH AND ENGINEERING- Section 139a is transferred so as to appear after section 138a, redesignated as section 138b, and amended--CommentsClose CommentsPermalink





(A) by striking subsection (a);CommentsClose CommentsPermalink





(B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;CommentsClose CommentsPermalink





(C) in subsection (a), as so redesignated, by striking ‘Director of Defense’ and inserting ‘Assistant Secretary of Defense for’; andCommentsClose CommentsPermalink





(D) in subsection (b), as so redesignated--CommentsClose CommentsPermalink





(i) in paragraph (1), by striking ‘Director of Defense Research and Engineering, in consultation with the Director of Developmental Test and Evaluation’ and inserting ‘Assistant Secretary of Defense for Research and Engineering, in consultation with the official designated under section 2438(a) of this title to have responsibility for developmental test and evaluation functions’; andCommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘Director’ and inserting ‘Assistant Secretary’.CommentsClose CommentsPermalink





(7) ASSISTANT SECRETARY FOR OPERATIONAL ENERGY PLANS AND PROGRAMS- Section 139b is transferred so as to appear after section 138b (as transferred and redesignated by paragraph (6)), redesignated as section 138c, and amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘There is a’ and all that follows through ‘The Director’ and inserting ‘The Assistant Secretary of Defense for Operational Energy Plans and Programs’;CommentsClose CommentsPermalink





(B) by striking ‘Director’ each place it appears and inserting ‘Assistant Secretary’;CommentsClose CommentsPermalink





(C) in subsection (d)(2)--CommentsClose CommentsPermalink





(i) by striking ‘Not later than’ and all that follows through ‘military departments’ and inserting ‘The Secretary of each military department’;CommentsClose CommentsPermalink





(ii) by striking ‘who will’ and inserting ‘who shall’; andCommentsClose CommentsPermalink





(iii) by inserting ‘so designated’ after ‘The officials’; andCommentsClose CommentsPermalink





(D) in subsection (d)(4), by striking ‘The initial’ and all that follows through ‘updates to the strategy’ and inserting ‘Updates to the strategy required by paragraph (1)’.CommentsClose CommentsPermalink





(8) ASSISTANT SECRETARY FOR COST ASSESSMENT AND PROGRAM EVALUATION- Section 139c is transferred so as to appear after section 138c (as transferred and redesignated by paragraph (7)), redesignated as section 138d, and amended--CommentsClose CommentsPermalink





(A) by striking subsection (a);CommentsClose CommentsPermalink





(B) by redesignating subsection (b) as subsection (a) and in that subsection--CommentsClose CommentsPermalink





(i) striking ‘Director of’ in paragraph (1) and inserting ‘Assistant Secretary of Defense for’; andCommentsClose CommentsPermalink





(ii) striking ‘Director’ each place it appears in paragraphs (1)(A), (1)(B), and (2) and inserting ‘Assistant Secretary’;CommentsClose CommentsPermalink





(C) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(b) Responsibility for Specified Functions- There shall be within the office of the Assistant Secretary the following:CommentsClose CommentsPermalink





‘(1) An official with primary responsibility for cost assessment.CommentsClose CommentsPermalink





‘(2) An official with primary responsibility for program evaluation.’; andCommentsClose CommentsPermalink





(D) by redesignating subsection (d) as subsection (c) and in that subsection striking ‘Director of’ in the matter preceding paragraph (1) and inserting ‘Assistant Secretary of Defense for’.CommentsClose CommentsPermalink





(9) ASSISTANT SECRETARY FOR NUCLEAR, CHEMICAL, AND BIOLOGICAL DEFENSE PROGRAMS- Section 142 is transferred so as to appear after section 138d (as redesignated and transferred by paragraph (8)), redesignated as section 138e, and amended--CommentsClose CommentsPermalink





(A) by striking subsection (a);CommentsClose CommentsPermalink





(B) by striking ‘(b) The Assistant to the Secretary’ and inserting ‘The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs’; andCommentsClose CommentsPermalink





(C) by striking subsection (c).CommentsClose CommentsPermalink





(c) Other Amendments to Chapter 4 of Title 10- Chapter 4 of title 10, United States Code, is further amended as follows:CommentsClose CommentsPermalink





(1) OFFICE OF THE SECRETARY OF DEFENSE- Section 131(a) is amended by striking ‘his’ and inserting ‘the Secretary’s’.CommentsClose CommentsPermalink





(2) DEPUTY SECRETARY- Section 132 is amended by striking the second sentence of subsection (c).CommentsClose CommentsPermalink





(3) DEPUTY CHIEF MANAGEMENT OFFICER- Such chapter is further amended by inserting after section 132 the following new section:CommentsClose CommentsPermalink

‘Sec. 132a. Deputy Chief Management Officer

‘(a) There is a Deputy Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





‘(b) The Deputy Chief Management Officer assists the Deputy Secretary of Defense in the Deputy Secretary’s capacity as Chief Management Officer of the Department of Defense under section 132(c) of this title.CommentsClose CommentsPermalink





‘(c) The Deputy Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, and the Under Secretaries of Defense.’.CommentsClose CommentsPermalink





(4) UNDER SECRETARY OF DEFENSE (COMPTROLLER)- Section 135(c) is amended by striking ‘clauses’ and inserting ‘paragraphs’.CommentsClose CommentsPermalink





(d) Repeal of Position Titles Specified by Law for Statutory Positions Relating to Developmental Test and Evaluation and Systems Engineering-CommentsClose CommentsPermalink





(1) TRANSFER OF SECTION FROM CHAPTER 4 TO PROGRAMMATIC CHAPTER- Section 139d of title 10, United States Code, is transferred to chapter 144, inserted after section 2437, and redesignated as section 2438.CommentsClose CommentsPermalink





(2) DIRECTOR OF DEVELOPMENTAL TEST AND EVALUATION- Subsection (a) of such section is amended--CommentsClose CommentsPermalink





(A) by striking ‘(a) Director of’ and all that follows through paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(a) Developmental Test and Evaluation-CommentsClose CommentsPermalink





‘(1) DESIGNATION OF RESPONSIBLE OFFICIAL- The Secretary of Defense shall designate, from among individuals with expertise in test and evaluation, an official to be responsible to the Secretary and the Under Secretary of Defense for Acquisition, Technology, and Logistics for developmental test and evaluation in the Department of Defense.CommentsClose CommentsPermalink





‘(2) SUPERVISION- The official designated under paragraph (1) shall report directly to an official of the Department appointed from civilian life by the President, by and with the advice and consent of the Senate.’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (3), (4), (5), and (6), respectively;CommentsClose CommentsPermalink





(C) in paragraph (3), as so redesignated, by striking DIRECTOR OF SYSTEMS ENGINEERING’ and all that follows through ‘Director of Systems Engineering’ and inserting ‘SYSTEMS ENGINEERING- The official designated under paragraph (1) shall closely coordinate with the official designated under subsection (b)’;CommentsClose CommentsPermalink





(D) in paragraph (4), as so redesignated, by striking ‘Director’ in the matter preceding subparagraph (A) and inserting ‘official designated under paragraph (1)’;CommentsClose CommentsPermalink





(E) in paragraph (5), as so redesignated--CommentsClose CommentsPermalink





(i) by striking ‘Director has’ and inserting ‘official designated under paragraph (1) has’;CommentsClose CommentsPermalink





(ii) by striking ‘Director considers’ and inserting ‘designated official considers’; andCommentsClose CommentsPermalink





(iii) by striking ‘the Director’s duties’ and inserting ‘that official’s duties’; andCommentsClose CommentsPermalink





(F) in paragraph (6), as so redesignated, by striking ‘serving as the Director of Developmental Test and Evaluation’ and inserting ‘official designated under paragraph (1)’.CommentsClose CommentsPermalink





(3) DIRECTOR OF SYSTEMS ENGINEERING- Subsection (b) of such section is amended--CommentsClose CommentsPermalink





(A) by striking ‘(b) Director of’ and all that follows through paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(b) Systems Engineering-CommentsClose CommentsPermalink





‘(1) DESIGNATION OF RESPONSIBLE OFFICIAL- The Secretary of Defense shall designate, from among individuals with expertise in systems engineering, an official to be responsible to the Secretary and the Under Secretary of Defense for Acquisition, Technology, and Logistics for systems engineering and development planning in the Department of Defense.CommentsClose CommentsPermalink





‘(2) SUPERVISION- The official designated under paragraph (1) shall report directly to an official of the Department appointed from civilian life by the President, by and with the advice and consent of the Senate.’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;CommentsClose CommentsPermalink





(C) in paragraph (3), as so redesignated, by striking ‘DIRECTOR OF DEVELOPMENTAL TEST AND EVALUATION’ and all that follows through ‘Director of Developmental Test And Evaluation’ and inserting ‘DEVELOPMENTAL TEST AND EVALUATION- The official designated under paragraph (1) shall closely coordinate with the official designated under subsection (a)’;CommentsClose CommentsPermalink





(D) in paragraph (4), as so redesignated, by striking ‘Director’ in the matter preceding subparagraph (A) and inserting ‘official designated under paragraph (1)’; andCommentsClose CommentsPermalink





(E) in paragraph (5), as so redesignated--CommentsClose CommentsPermalink





(i) by striking ‘Director shall’ and inserting ‘official designated under paragraph (1) shall’;CommentsClose CommentsPermalink





(ii) by striking ‘Director considers’ and inserting ‘designated official considers’; andCommentsClose CommentsPermalink





(iii) by striking ‘the Director’s duties’ and inserting ‘that official’s duties’.CommentsClose CommentsPermalink





(4) JOINT ANNUAL REPORT- Subsection (c) of such section is amended in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘beginning in 2010,’;CommentsClose CommentsPermalink





(B) by striking ‘Director of Developmental Test and Evaluation and the Director of Systems Engineering’ and inserting ‘officials designated under subsections (a) and (b)’;CommentsClose CommentsPermalink





(C) by striking ‘subsections (a) and (b)’ and inserting ‘those subsections’; andCommentsClose CommentsPermalink





(D) by inserting ‘such’ after ‘Each’.CommentsClose CommentsPermalink





(5) JOINT GUIDANCE- Subsection (d) of such section is amended in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘Director of Developmental Test and Evaluation and the Director of Systems Engineering’ and inserting ‘officials designated under subsections (a) and (b)’; andCommentsClose CommentsPermalink





(B) by striking ‘section 103 of the Weapon Systems Acquisition Reform Act of 2009’ and inserting ‘section 2438a of this title’.CommentsClose CommentsPermalink





(6) REPEAL OF REDUNDANT DEFINITION- Subsection (e) of such section is repealed.CommentsClose CommentsPermalink





(e) Codification of Section 103 of Weapon Systems Acquisition Reform Act of 2009-CommentsClose CommentsPermalink





(1) CODIFICATION- Chapter 144 of title 10, United States Code, is amended by inserting after section 2438 (as transferred and redesignated by subsection (d)), a new section 2438a consisting of--CommentsClose CommentsPermalink





(A) a section heading as follows:CommentsClose CommentsPermalink

‘Sec. 2438a. Performance assessments and root cause analyses’;

andCommentsClose CommentsPermalink





(B) a text consisting of the text of section 103 of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1715; 10 U.S.C. 2430 note), modified as specified in paragraph (2).CommentsClose CommentsPermalink





(2) TECHNICAL AMENDMENTS DUE TO CODIFICATION- The modifications referred to in paragraph (1)(B) to the text specified in that paragraph are--CommentsClose CommentsPermalink





(A) in subsection (b)(2), by striking ‘section 2433a(a)(1) of title 10, United States Code (as added by section 206(a) of this Act)’ and inserting ‘section 2433a(a)(1) of this title’;CommentsClose CommentsPermalink





(B) in subsection (b)(5)--CommentsClose CommentsPermalink





(i) by striking ‘section 2433a of title 10, United States Code (as so added)’ and inserting ‘section 2433a of this title’; andCommentsClose CommentsPermalink





(ii) by striking ‘prior to’ both places it appears and inserting ‘before’;CommentsClose CommentsPermalink





(C) in subsection (d), by striking ‘section 2433a of title 10, United States Code (as so added)’ and inserting ‘section 2433a of this title’; andCommentsClose CommentsPermalink





(D) in subsection (f), by striking ‘beginning in 2010,’.CommentsClose CommentsPermalink





(f) Transfer of Section Providing for Director of Small Business Programs- Section 144 of title 10, United States Code, is transferred to chapter 148, inserted after section 2507, and redesignated as section 2508.CommentsClose CommentsPermalink





(g) Repeal of Statutory Requirement for Office for Missing Personnel in OSD- Section 1501(a) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking the subsection heading and inserting the following: ‘Responsibility for Missing Personnel- ’;CommentsClose CommentsPermalink





(2) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘establish within the Office of the Secretary of Defense an office to have responsibility for Department of Defense policy’ in the first sentence and inserting ‘designate within the Office of the Secretary of Defense an official as the Deputy Assistant Secretary of Defense for Prisoner of War/Missing Personnel Affairs to have responsibility for Department of Defense matters’;CommentsClose CommentsPermalink





(B) by striking the second sentence;CommentsClose CommentsPermalink





(C) by striking ‘of the office’ and inserting ‘of the official designated under this paragraph’;CommentsClose CommentsPermalink





(D) by striking ‘and’ at the end of subparagraph (A);CommentsClose CommentsPermalink





(E) by redesignating subparagraph (B) as subparagraph (C); andCommentsClose CommentsPermalink





(F) by inserting after subparagraph (A) the following new subparagraph (B):CommentsClose CommentsPermalink





‘(B) policy, control, and oversight of the program established under section 1509 of this title, as well as the accounting for missing persons (including locating, recovering, and identifying missing persons or their remains after hostilities have ceased); and’;CommentsClose CommentsPermalink





(3) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively;CommentsClose CommentsPermalink





(4) by inserting after paragraph (1) the following new paragraph (2):CommentsClose CommentsPermalink





‘(2) The official designated under paragraph (1) shall also serve as the Director, Defense Prisoner of War/Missing Personnel Office, as established under paragraph (6)(A), exercising authority, direction, and control over that activity.’.CommentsClose CommentsPermalink





(5) in paragraph (3), as so redesignated--CommentsClose CommentsPermalink





(A) by striking ‘of the office’ the first place it appears; andCommentsClose CommentsPermalink





(B) by striking ‘head of the office’ and inserting ‘official designated under paragraph (1) and (2)’;CommentsClose CommentsPermalink





(6) in paragraph (4), as so redesignated--CommentsClose CommentsPermalink





(A) by striking ‘office’ and inserting ‘designated official’; andCommentsClose CommentsPermalink





(B) by inserting after ‘evasion)’ the following: ‘and for personnel accounting (including locating, recovering, and identifying missing persons or their remains after hostilities have ceased)’;CommentsClose CommentsPermalink





(7) in paragraph (5), as so redesignated, by striking ‘office’ and inserting ‘designated official’; andCommentsClose CommentsPermalink





(8) in paragraph (6), as so redesignated--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) by inserting after ‘(A)’ the following: ‘The Secretary of Defense shall establish an activity to account for personnel who are missing or whose remains have not been recovered from the conflict in which they were lost. This activity shall be known as the Defense Prisoner of War/Missing Personnel Office.’; andCommentsClose CommentsPermalink





(ii) by striking ‘office’ both places it appears and inserting ‘activity’;CommentsClose CommentsPermalink





(B) in subparagraph (B)(i), by striking ‘to the office’ and inserting ‘activity’;CommentsClose CommentsPermalink





(C) in subparagraph (B)(ii)--CommentsClose CommentsPermalink





(i) by striking ‘to the office’ and inserting ‘activity’; andCommentsClose CommentsPermalink





(ii) by striking ‘of the office’ and inserting ‘of the activity’; andCommentsClose CommentsPermalink





(D) in subparagraph (C), by striking ‘office’ and inserting ‘activity’.CommentsClose CommentsPermalink





(h) Repeal of Statutory Requirement for Director of Office for Corrosion Policy and Oversight in OSD- Section 2228 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking the subsection heading and inserting the following: ‘Office of Corrosion Policy and Oversight and Designation of Responsible Official’;CommentsClose CommentsPermalink





(B) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





‘(2) The Secretary of Defense shall designate, from among civilian employees of the Department of Defense with the qualifications described in paragraph (4), an official to be responsible to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense and for directing the activities of the Office of Corrosion Policy and Oversight.’;CommentsClose CommentsPermalink





(C) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;CommentsClose CommentsPermalink





(D) by inserting after paragraph (2) the following new paragraph (3):CommentsClose CommentsPermalink





‘(3) The official designated under paragraph (2) shall report directly to the Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.’.CommentsClose CommentsPermalink





(E) in paragraph (4), as so redesignated, by striking ‘assigned to the position of Director’ and inserting ‘designated under paragraph (2)’; andCommentsClose CommentsPermalink





(F) in paragraph (5), as so redesignated, by striking ‘of Director’ and inserting ‘held by the official designated under paragraph (2)’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘Director of Corrosion Policy and Oversight (in this section referred to as the ‘Director’)’ in paragraph (1) and inserting ‘official designated under subsection (a)(2)’; andCommentsClose CommentsPermalink





(B) by striking ‘Director’ in paragraphs (2), (3), (4), and (5) and inserting ‘designated official’;CommentsClose CommentsPermalink





(3) in subsection (c), by striking ‘Additional Authorities’ and all that follows through ‘authorized to--’ and inserting ‘Additional Duties- The official designated under subsection (a) shall--’; andCommentsClose CommentsPermalink





(4) in subsection (e), by striking ‘beginning with the budget for fiscal year 2009,’.CommentsClose CommentsPermalink





(i) Repeal of Statutory Limitation on Number of Deputy Under Secretaries of Defense- Section 906(a)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2426; 10 U.S.C. 137a note) is repealed.CommentsClose CommentsPermalink





(j) Conforming Amendments to Title 10- Title 10, United States Code, is amended as follows:CommentsClose CommentsPermalink





(1) The following sections are amended by striking ‘Director of Cost Assessment and Program Evaluation’ and inserting ‘Assistant Secretary of Defense for Cost Assessment and Program Evaluation’: sections 181(d), 2306b(i)(1)(B), 2366a(a)(4), 2366a(a)(5), 2366b(a)(1)(C), 2433a(a)(2), 2433a(b)(2)(C), 2434(b)(1)(A), and 2445c(f)(3).CommentsClose CommentsPermalink





(2) Section 179(c) is amended--CommentsClose CommentsPermalink





(A) by striking ‘Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs’ in paragraphs (2) and (3) and inserting ‘Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs’; andCommentsClose CommentsPermalink





(B) by striking ‘to the’ in paragraph (3).CommentsClose CommentsPermalink





(3) Section 2272 is amended by striking ‘Director of Defense Research and Engineering’ each place it appears and inserting ‘Assistant Secretary of Defense for Research and Engineering’.CommentsClose CommentsPermalink





(4) Section 2334 is amended--CommentsClose CommentsPermalink





(A) by striking ‘Director of Cost Assessment and Program Evaluation’ each place it appears and inserting ‘Assistant Secretary of Defense for Cost Assessment and Program Evaluation’; andCommentsClose CommentsPermalink





(B) by striking ‘Director’ each place it appears (other than as specified in subparagraph (A)) and inserting ‘Assistant Secretary’.CommentsClose CommentsPermalink





(5) Section 2365 is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘Director of Defense Research and Engineering’ and inserting ‘Assistant Secretary of Defense for Research and Engineering’;CommentsClose CommentsPermalink





(B) in subsection (d)(1), by striking ‘Director’ and inserting ‘Assistant Secretary’;CommentsClose CommentsPermalink





(C) in subsection (d)(2)--CommentsClose CommentsPermalink





(i) by striking ‘Director of Defense Research and Engineering’ and inserting ‘Assistant Secretary of Defense for Research and Engineering’; andCommentsClose CommentsPermalink





(ii) by striking ‘Director may’ and inserting ‘Assistant Secretary may’; andCommentsClose CommentsPermalink





(D) in subsection (e), by striking ‘Director’ and inserting ‘Assistant Secretary’.CommentsClose CommentsPermalink





(6) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and 2517(a) are amended by striking ‘Director of Defense Research and Engineering’ and inserting ‘Assistant Secretary of Defense for Research and Engineering’.CommentsClose CommentsPermalink





(7) Section 2902(b) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘Deputy Under Secretary of Defense for Science and Technology’ and inserting ‘official within the Office of the Assistant Secretary of Defense for Research and Engineering who is responsible for science and technology’; andCommentsClose CommentsPermalink





(B) in paragraph (3), by striking ‘Deputy Under Secretary of Defense’ and inserting ‘official within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics who is’.CommentsClose CommentsPermalink





(k) Other Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 214 of the National Defense Authorization Act of Fiscal Year 2008 (10 U.S.C. 2521 note) is amended by striking ‘Director of Defense Research and Engineering’ and inserting ‘Assistant Secretary of Defense for Research and Engineering’.CommentsClose CommentsPermalink





(2) Section 201(d) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 181 note) is amended--CommentsClose CommentsPermalink





(A) by striking ‘The Director of Cost Assessment and Program Evaluation’ and inserting ‘The Assistant Secretary of Defense for Cost Assessment and Program Evaluation’; andCommentsClose CommentsPermalink





(B) by striking ‘the Director’ and inserting ‘the Assistant Secretary’.CommentsClose CommentsPermalink





(l) Section Heading and Clerical Amendments-CommentsClose CommentsPermalink





(1) SECTION HEADING AMENDMENTS- Title 10, United States Code, is amended as follows:CommentsClose CommentsPermalink





(A) The heading of section 137a is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 137a. Principal Deputy Under Secretaries of Defense’.

(B) The heading of section 138b, as transferred and redesignated by subsection (b)(6), is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 138b. Assistant Secretary of Defense for Research and Engineering’.

(C) The heading of section 138c, as transferred and redesignated by subsection (b)(7), is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 138c. Assistant Secretary of Defense for Operational Energy Plans and Programs’.

(D) The heading of section 138d, as transferred and redesignated by subsection (b)(8), is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 138d. Assistant Secretary of Defense for Cost Assessment and Program Evaluation’.

(E) The heading of section 138e, as transferred and redesignated by subsection (b)(9), is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 138e. Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs’.

(F) The heading of section 2228 is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 2228. Military equipment and infrastructure: prevention and mitigation of corrosion’.

(G) The heading of section 2438 is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 2438. Developmental test and evaluation; systems engineering: designation of responsible officials; joint guidance’.

(2) CLERICAL AMENDMENTS- Title 10, United States Code, is further amended as follows:CommentsClose CommentsPermalink





(A) The table of sections at the beginning of chapter 4 is amended--CommentsClose CommentsPermalink





(i) by inserting after the item relating to section 132 the following new item:CommentsClose CommentsPermalink





‘132a. Deputy Chief Management Officer.’;CommentsClose CommentsPermalink





(ii) by striking the items relating to sections 133a, 134a, and 136a;CommentsClose CommentsPermalink





(iii) by amending the item relating to section 137a to read as follows:CommentsClose CommentsPermalink





‘137a. Principal Deputy Under Secretaries of Defense.’;CommentsClose CommentsPermalink





(iv) by inserting after the item relating to section 138a the following new items:CommentsClose CommentsPermalink





‘138b. Assistant Secretary of Defense for Research and Engineering.CommentsClose CommentsPermalink





‘138c. Assistant Secretary of Defense for Operational Energy Plans and Programs.CommentsClose CommentsPermalink





‘138d. Assistant Secretary of Defense for Cost Assessment and Program Evaluation.CommentsClose CommentsPermalink





‘138e. Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.’;CommentsClose CommentsPermalink





andCommentsClose CommentsPermalink





(v) by striking the items relating to sections 139a, 139b, 139c, 139d, 142, and 144.CommentsClose CommentsPermalink





(B) The item relating to section 2228 in the table of sections at the beginning of chapter 131 is amended to read as follows:CommentsClose CommentsPermalink





‘2228. Military equipment and infrastructure: prevention and mitigation of corrosion.’.CommentsClose CommentsPermalink





(C) The table of sections at the beginning of chapter 144 is amended by inserting after the item relating to section 2437 the following new items:CommentsClose CommentsPermalink





‘2438. Developmental test and evaluation; systems engineering: designation of responsible officials; joint guidance.CommentsClose CommentsPermalink





‘2438a. Performance assessments and root cause analyses.’.CommentsClose CommentsPermalink





(D) The table of sections at the beginning of subchapter II of chapter 148 is amended by inserting after the item relating to section 2507 the following new item:CommentsClose CommentsPermalink





‘2508. Director of Small Business Programs.’.CommentsClose CommentsPermalink





(m) Executive Schedule Amendments- Chapter 53 of title 5, United States Code, is amended as follows:CommentsClose CommentsPermalink





(1) NUMBER OF ASSISTANT SECRETARY OF DEFENSE POSITIONS- Section 5315 is amended by striking ‘Assistant Secretaries of Defense (12)’ and inserting ‘Assistant Secretaries of Defense (17)’.CommentsClose CommentsPermalink





(2) POSITIONS REDESIGNATED AS ASSISTANT SECRETARY POSITIONS-CommentsClose CommentsPermalink





(A) Section 5315 is further amended--CommentsClose CommentsPermalink





(i) by striking ‘Director of Cost Assessment and Program Evaluation, Department of Defense.’; andCommentsClose CommentsPermalink





(ii) by striking ‘Director of Defense Research and Engineering.’.CommentsClose CommentsPermalink





(B) Section 5316 is amended by striking ‘Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs.’.CommentsClose CommentsPermalink





(3) AMENDMENTS TO DELETE REFERENCES TO POSITIONS IN SENIOR EXECUTIVE SERVICE- Section 5316 is further amended--CommentsClose CommentsPermalink





(A) by striking ‘Director, Defense Advanced Research Projects Agency, Department of Defense.’;CommentsClose CommentsPermalink





(B) by striking ‘Deputy General Counsel, Department of Defense.’;CommentsClose CommentsPermalink





(C) by striking ‘Deputy Under Secretaries of Defense for Research and Engineering, Department of Defense (4).’; andCommentsClose CommentsPermalink





(D) by striking ‘Special Assistant to the Secretary of Defense.’.CommentsClose CommentsPermalink





(n) References in Other Laws, etc- Any reference in any provision or law other than title 10, United States Code, or in any rule, regulation, or other paper of the United States, to any of the offices of the Department of Defense redesignated by subsection (a) shall be treated as referring to that office as so redesignated.CommentsClose CommentsPermalink





(o) Effective Date- The provisions of this section and the amendments made by this section shall take effect on January 1, 2011, or on such earlier date for any of such provisions as may be prescribed by the Secretary of Defense. If the Secretary prescribes an earlier date for any of those provisions or amendments, the Secretary shall notify Congress in writing in advance of such date.CommentsClose CommentsPermalink

SEC. 903. UNIFIED MEDICAL COMMAND.

(a) Assistant Secretary of Defense- Section 138(b) of title 10, United States Code, as amended by section 902, is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(12) One of the Assistant Secretaries is the Assistant Secretary of Defense for Health Affairs. In addition to any duties and powers prescribed under paragraph (1), the principal duty of the Assistant Secretary of Defense for Health Affairs is the overall supervision (including oversight of policy and resources) of all health affairs and medical activities of the Department of Defense. The Assistant Secretary of Defense for Health Affairs is the principal civilian adviser to the Secretary of Defense on health affairs and medical matters and, after the Secretary and Deputy Secretary, is the principal health affairs and medical official within the senior management of the Department of Defense.’.CommentsClose CommentsPermalink





(b) Unified Combatant Command-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 6 of such title is amended by inserting after section 167a the following new section:CommentsClose CommentsPermalink

‘Sec. 167b. Unified combatant command for medical operations

‘(a) Establishment- With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, may establish under section 161 of this title a unified command for medical operations (hereinafter in this section referred to as the ‘unified medical command’). The principal function of the command is to provide medical services to the armed forces and other health care beneficiaries of the Department of Defense as defined in chapter 55 of this title.CommentsClose CommentsPermalink





‘(b) Assignment of Forces- In establishing the unified medical command under subsection (a), all active military medical treatment facilities, training organizations, and research entities of the armed forces shall be assigned to such unified command, unless otherwise directed by the Secretary of Defense.CommentsClose CommentsPermalink





‘(c) Grade of Commander- The commander of the unified medical command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating his permanent grade. The commander of such command shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. The commander of such command shall be a member of a health profession described in paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) of title 37. During the 5-year period beginning on the date on which the Secretary establishes the command under subsection (a), the commander of such command shall be exempt from the requirements of section 164(a)(1) of this title.CommentsClose CommentsPermalink





‘(d) Subordinate Commands- (1) The unified medical command shall have the following subordinate commands:CommentsClose CommentsPermalink





‘(A) A command that includes all fixed military medical treatment facilities, including elements of the Department of Defense that are combined, operated jointly, or otherwise operated in such a manner that a medical facility of the Department of Defense is operating in or with a medical facility of another department or agency of the United States.CommentsClose CommentsPermalink





‘(B) A command that includes all medical training, education, and research and development activities that have previously been unified or combined, including organizations that have been designated as a Department of Defense executive agent.CommentsClose CommentsPermalink





‘(C) The Defense Health Agency established under subsection (f).CommentsClose CommentsPermalink





‘(2) The commander of a subordinate command of the unified medical command shall hold the grade of lieutenant general or, in the case of an officer of the Navy, vice admiral while serving in that position, without vacating his permanent grade. The commander of such a subordinate command shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. The commander of such a subordinate command shall also be required to be a surgeon general of one of the military departments.CommentsClose CommentsPermalink





‘(e) Authority of Combatant Commander- (1) In addition to the authority prescribed in section 164(c) of this title, the commander of the unified medical command shall be responsible for, and shall have the authority to conduct, all affairs of such command relating to medical operations activities.CommentsClose CommentsPermalink





‘(2) The commander of such command shall be responsible for, and shall have the authority to conduct, the following functions relating to medical operations activities (whether or not relating to the unified medical command):CommentsClose CommentsPermalink





‘(A) Developing programs and doctrine.CommentsClose CommentsPermalink





‘(B) Preparing and submitting to the Secretary of Defense program recommendations and budget proposals for the forces described in subsection (b) and for other forces assigned to the unified medical command.CommentsClose CommentsPermalink





‘(C) Exercising authority, direction, and control over the expenditure of funds--CommentsClose CommentsPermalink





‘(i) for forces assigned to the unified medical command;CommentsClose CommentsPermalink





‘(ii) for the forces described in subsection (b) assigned to unified combatant commands other than the unified medical command to the extent directed by the Secretary of Defense; andCommentsClose CommentsPermalink





‘(iii) for military construction funds of the Defense Health Program.CommentsClose CommentsPermalink





‘(D) Training assigned forces.CommentsClose CommentsPermalink





‘(E) Conducting specialized courses of instruction for commissioned and noncommissioned officers.CommentsClose CommentsPermalink





‘(F) Validating requirements.CommentsClose CommentsPermalink





‘(G) Establishing priorities for requirements.CommentsClose CommentsPermalink





‘(H) Ensuring the interoperability of equipment and forces.CommentsClose CommentsPermalink





‘(I) Monitoring the promotions, assignments, retention, training, and professional military education of medical officers described in paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) of title 37.CommentsClose CommentsPermalink





‘(3) The commander of such command shall be responsible for the Defense Health Program, including the Defense Health Program Account established under section 1100 of this title.CommentsClose CommentsPermalink





‘(f) Defense Health Agency- (1) In establishing the unified medical command under subsection (a), the Secretary shall also establish under section 191 of this title a defense agency for health care (in this section referred to as the ‘Defense Health Agency’), and shall transfer to such agency the organization of the Department of Defense referred to as the TRICARE Management Activity and all functions of the TRICARE Program (as defined in section 1072(7)).CommentsClose CommentsPermalink





‘(2) The director of the Defense Health Agency shall hold the rank of lieutenant general or, in the case of an officer of the Navy, vice admiral while serving in that position, without vacating his permanent grade. The director of such agency shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. The director of such agency shall be a member of a health profession described in paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) of title 37.CommentsClose CommentsPermalink





‘(g) Regulations- In establishing the unified medical command under subsection (a), the Secretary of Defense shall prescribe regulations for the activities of the unified medical command.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 167a the following new item:CommentsClose CommentsPermalink





‘167b. Unified combatant command for medical operations.’.CommentsClose CommentsPermalink





(c) Plan, Notification, and Report-CommentsClose CommentsPermalink





(1) PLAN- Not later than March 31, 2011, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan to establish the unified medical command authorized under section 167b of title 10, United States Code, as added by subsection (b), including any legislative actions the Secretary considers necessary to implement the plan.CommentsClose CommentsPermalink





(2) NOTIFICATION- The Secretary shall submit to the congressional defense committees written notification of the decision of the Secretary to establish the unified medical command under such section 167b by not later than the date that is 30 days before establishing such command.CommentsClose CommentsPermalink





(3) REPORT- Not later than 180 days after submitting the notification under paragraph (2), the Secretary shall submit to the congressional defense committees a report on--CommentsClose CommentsPermalink





(A) the establishment of the unified medical command; andCommentsClose CommentsPermalink





(B) the establishment of the Defense Health Agency under subsection (f) of such section 167b.CommentsClose CommentsPermalink

Subtitle B--Space ActivitiesCommentsClose CommentsPermalink

SEC. 911. INTEGRATED SPACE ARCHITECTURES.

The Secretary of Defense and the Director of National Intelligence shall jointly establish the capability to conduct integrated national security space architecture planning, development, coordination, and analysis that--CommentsClose CommentsPermalink





(1) encompasses defense and intelligence space plans, programs, budgets, and organizations;CommentsClose CommentsPermalink





(2) provides mid-term to long-term recommendations to guide space-related defense and intelligence acquisitions, requirements, and investment decisions;CommentsClose CommentsPermalink





(3) is independent of the space architecture planning, development, coordination, and analysis activities of each military department and each element of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))); andCommentsClose CommentsPermalink





(4) makes use of, to the maximum extent practicable, joint duty assignment positions (as defined in section 668).CommentsClose CommentsPermalink

Subtitle C--Intelligence-Related MattersCommentsClose CommentsPermalink

SEC. 921. FIVE-YEAR EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.

The second sentence of section 431(a) of title 10, United States Code, is amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2015’.CommentsClose CommentsPermalink

SEC. 922. SPACE AND COUNTERSPACE INTELLIGENCE ANALYSIS.

(a) Designation of Lead Integrator-CommentsClose CommentsPermalink





(1) DESIGNATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Director of the Defense Intelligence Agency shall designate a lead integrator for foreign space and counterspace defense intelligence analysis.CommentsClose CommentsPermalink





(B) INITIAL DESIGNATION- Not later than 30 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall designate an initial lead integrator under subparagraph (A).CommentsClose CommentsPermalink





(2) NOTICE- Not later than 30 days after the date on which the Director of the Defense Intelligence Agency designates a lead integrator under paragraph (1)(A), or removes the designation of lead integrator from an individual or organization previously designated under paragraph (1)(A), the Director shall notify the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate of the designation of such lead integrator or the removal of such designation.CommentsClose CommentsPermalink





(b) Authority to Conduct Original Analysis- The Director of the Defense Intelligence Agency shall authorize a lead integrator designated under subsection (a)(1)(A) to conduct original intelligence analysis and production within the areas of responsibility of such lead integrator.CommentsClose CommentsPermalink





(c) Definitions- In this section:CommentsClose CommentsPermalink





(1) LEAD INTEGRATOR- The term ‘lead integrator’ means, with respect to a particular subject matter, an individual or organization with primary responsibility for the review, coordination, and integration of defense intelligence analysis and production related to such subject matter to--CommentsClose CommentsPermalink





(A) ensure the development of coherent assessments and intelligence products; andCommentsClose CommentsPermalink





(B) manage and consolidate defense intelligence tasking.CommentsClose CommentsPermalink





(2) ORIGINAL INTELLIGENCE ANALYSIS- The term ‘original intelligence analysis’ means the development of knowledge and creation of intelligence materials based on raw data and intelligence reporting.CommentsClose CommentsPermalink

SEC. 923. AUDITS OF INTELLIGENCE COMMUNITY BY GOVERNMENT ACCOUNTABILITY OFFICE.

(a) Audits- Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘AUDITS OF INTELLIGENCE COMMUNITY BY GOVERNMENT ACCOUNTABILITY OFFICE

‘Sec. 508. (a) In General- Except as provided in subsection (b), the Director of National Intelligence shall ensure that personnel of the Government Accountability Office designated by the Comptroller General are provided with access to all information in the possession of an element of the intelligence community that the Comptroller General determines is necessary for such personnel to conduct an analysis, evaluation, or investigation of a program or activity of an element of the intelligence community that is requested by one of the congressional intelligence committees.CommentsClose CommentsPermalink





‘(b) Audits of Programs Involving Sources and Methods- (1) If the Director of National Intelligence determines that a portion of an analysis, evaluation, or investigation to be conducted by the Comptroller General that is requested by a committee of Congress with jurisdiction over the subject of such analysis, evaluation, or investigation involves a matter that is subject to the reporting requirements of section 503 or intelligence sources or methods, such portion may be redacted from such analysis, evaluation, or investigation and provided exclusively to the congressional intelligence committees.CommentsClose CommentsPermalink





‘(2) If the Director of National Intelligence redacts a portion of an analysis, evaluation, or investigation under paragraph (1), the Director shall inform the committee of Congress that requested such analysis, evaluation, or investigation of the redaction.CommentsClose CommentsPermalink





‘(c) Notice of Analysis, Evaluation, or Investigation and Procedures- Not later than 15 days before initiating an analysis, evaluation, or investigation of an element of the intelligence community, the Comptroller General shall submit to the congressional intelligence committees a notice that includes--CommentsClose CommentsPermalink





‘(1) a description of the analysis, evaluation, or investigation to occur and the purposes of such analysis, evaluation, or investigation;CommentsClose CommentsPermalink





‘(2) the names of the personnel who will conduct such analysis, evaluation, or investigation and the level of security clearance possessed by such personnel; andCommentsClose CommentsPermalink





‘(3) the procedures to be used in the course of such analysis, evaluation, or investigation for examining classified information, including a description of all facilities and materials that will be used.CommentsClose CommentsPermalink





‘(d) Discussion of Procedures- (1) Prior to initiating an analysis, evaluation, or investigation of an element of the intelligence community, the Comptroller General, in consultation with the congressional intelligence committees, shall discuss with the Director of National Intelligence the procedures for conducting such analysis, evaluation, or investigation.CommentsClose CommentsPermalink





‘(2) Not later than five days after the discussion referred to in paragraph (1), the Director of National Intelligence may submit to the Comptroller General a written comment suggesting any changes or modifications to the procedures referred to in paragraph (1).CommentsClose CommentsPermalink





‘(e) Confidentiality- The Comptroller General shall maintain the same level of confidentiality for a record made available during the course of an analysis, evaluation, or investigation involving sources or methods as is required of the head of the element of the intelligence community from which such record is obtained. An officer or employee of the Government Accountability Office shall be subject to the same statutory penalties for unauthorized disclosure or use of a record as an officer or employee of the element of the intelligence community that provided the Comptroller General or such officer or employee of the Government Accountability Office with access to such record.CommentsClose CommentsPermalink





‘(f) Workpapers- All workpapers of the Comptroller General and all records and property of any element of the intelligence community that the Comptroller General uses during the course of an analysis, evaluation, or investigation involving sources or methods shall remain in facilities provided by the element of the intelligence community providing such records and property.CommentsClose CommentsPermalink





‘(g) Provision of Supplies- The head of each element of the intelligence community that is a subject of an analysis, evaluation, or investigation by the Comptroller General involving sources or methods shall provide the Comptroller General with suitable and secure offices and furniture, telephones, and access to copying facilities, for purposes of such analysis, evaluation, or investigation.CommentsClose CommentsPermalink





‘(h) Procedures for Protection of Information- The Comptroller General, in consultation with the congressional intelligence committees, shall establish procedures to protect from unauthorized disclosure all classified and other sensitive information furnished to the Comptroller General in the course of conducting an analysis, evaluation, or investigation involving sources and methods.CommentsClose CommentsPermalink





‘(i) Submission of Names of Personnel Conducting Analysis, Evaluation, or Investigation- Prior to initiating an analysis, evaluation, or investigation involving sources and methods, the Comptroller General shall provide the Director of National Intelligence and the head of each element of the intelligence community that is a subject of such analysis, evaluation, or investigation with the name of each officer and employee of the Government Accountability Office who has obtained appropriate security clearance and to whom, upon proper identification, the head of such element shall make available records and information during the course of such analysis, evaluation, or investigation.CommentsClose CommentsPermalink





‘(j) Cooperation- The head of each element of the intelligence community that is a subject of an analysis, evaluation, or investigation shall cooperate fully with the Comptroller General and provide timely responses to requests by the Comptroller General for documentation and information made pursuant to this section.CommentsClose CommentsPermalink





‘(k) Rule of Construction- Except as provided in subsection (b), nothing in this section or any other provision of law shall be construed to restrict or limit the authority of the Comptroller General to audit, evaluate, or obtain access to the records of an element of the intelligence community absent specific statutory language restricting or limiting such audits, evaluations, or access to records.’.CommentsClose CommentsPermalink

Subtitle D--Other MattersCommentsClose CommentsPermalink

SEC. 931. REVISIONS TO THE BOARD OF REGENTS FOR THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES.

Subsection (b) of section 2113a of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink





‘(2) four persons, of which the chairmen and ranking members of the Committees on Armed Services of the Senate and House of Representatives may each appoint one person, respectively;’.CommentsClose CommentsPermalink

SEC. 932. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER INITIATIVE FUND.

(a) In General- Section 166a(e)(1) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in subparagraph (C), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(D) not more than $10,000,000 may be used for research, development, test and evaluation activities.’.CommentsClose CommentsPermalink





(b) Applicability- The amendments made by this section shall not apply with respect to funds appropriated for a fiscal year before fiscal year 2011.CommentsClose CommentsPermalink

SEC. 933. TWO-YEAR EXTENSION OF AUTHORITIES RELATING TO TEMPORARY WAIVER OF REIMBURSEMENT OF COSTS OF ACTIVITIES FOR NONGOVERNMENTAL PERSONNEL AT DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES.

(a) Extension of Waiver- Paragraph (1) of section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended by striking ‘fiscal years 2009 and 2010’ and inserting ‘fiscal years 2009 through 2012’.CommentsClose CommentsPermalink





(b) Annual Report- Paragraph (3) of such section is amended by striking ‘in 2010 and 2011’ and inserting ‘in each year through 2013’.CommentsClose CommentsPermalink

SEC. 934. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL ROLES AND MISSIONS REVIEW IN 2011.

(a) Additional Activities Considered- As part of the quadrennial roles and missions review conducted in 2011 pursuant to section 118b of title 10, United States Code, the Secretary of Defense shall give consideration to the following activities, giving particular attention to their role in counter-terrorism operations:CommentsClose CommentsPermalink





(1) Information operations.CommentsClose CommentsPermalink





(2) Strategic communications.CommentsClose CommentsPermalink





(3) Detention and interrogation.CommentsClose CommentsPermalink





(b) Additional Report Requirement- In the report required by section 118b(d) of such title for such review in 2011, the Secretary of Defense shall--CommentsClose CommentsPermalink





(1) provide clear guidance on the nature and extent of which core competencies are associated with the activities listed in subsection (a); andCommentsClose CommentsPermalink





(2) identify the elements of the Department of Defense that are responsible or should be responsible for providing such core competencies.CommentsClose CommentsPermalink

SEC. 935. CODIFICATION OF CONGRESSIONAL NOTIFICATION REQUIREMENT BEFORE PERMANENT RELOCATION OF ANY UNITED STATES MILITARY UNIT STATIONED OUTSIDE THE UNITED STATES.

(a) Codification and Related Report- Chapter 6 of title 10, United States Code, is amended by inserting after section 162 the following new section:CommentsClose CommentsPermalink

‘Sec. 162a. Congressional notification before permanent relocation of military units stationed outside the United States

‘(a) Notification Requirement- The Secretary of Defense shall notify Congress at least 30 days before the permanent relocation of a unit stationed outside the United States.CommentsClose CommentsPermalink





‘(b) Elements of Notification- The notification required by subsection (a) shall include a description of the following:CommentsClose CommentsPermalink





‘(1) How relocation of the unit supports the United States national security strategy.CommentsClose CommentsPermalink





‘(2) Whether the relocation of the unit will have an impact on any security commitments undertaken by the United States pursuant to any international security treaty, including the North Atlantic Treaty, the Treaty of Mutual Cooperation and Security between the United States and Japan, and the Security Treaty Between Australia, New Zealand, and the United States of America.CommentsClose CommentsPermalink





‘(3) How relocation of the unit addresses the current security environment in the affected geographic combatant command’s area of responsibility, including United States participation in theater security cooperation activities and bilateral partnership, exchanges, and training exercises.CommentsClose CommentsPermalink





‘(4) How relocation of the unit impacts the status of overseas base closure and realignment actions undertaken as part of a global defense posture realignment strategy and the status of development and execution of comprehensive master plans for overseas military main operating bases, forward operating sites, and cooperative security locations of the global defense posture of the United States.CommentsClose CommentsPermalink





‘(c) Exceptions- Subsection (a) does not apply in the case of--CommentsClose CommentsPermalink





‘(1) the relocation of a unit deployed to a combat zone; orCommentsClose CommentsPermalink





‘(2) the relocation of a unit as the result of closure of an overseas installation at the request of the government of the host nation in the manner provided in the agreement between the United States and the host nation regarding the installation.CommentsClose CommentsPermalink





‘(d) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) COMBAT ZONE- The term ‘combat zone’ has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





‘(2) GEOGRAPHIC COMBATANT COMMAND- The term ‘geographic combatant command’ means a combatant command with a geographic area of responsibility that does not include North America.CommentsClose CommentsPermalink





‘(3) UNIT- The term ‘unit’ has the meaning determined by the Secretary of Defense for purposes of this section.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 162 the following new item:CommentsClose CommentsPermalink





‘162a. Congressional notification before permanent relocation of military units stationed outside the United States.’.CommentsClose CommentsPermalink





(c) Repeal of Superceded Notification Requirement- Section 1063 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2469; 10 U.S.C. 113 note) is repealed.CommentsClose CommentsPermalink

TITLE X--GENERAL PROVISIONSCommentsClose CommentsPermalink

Subtitle A--Financial MattersCommentsClose CommentsPermalink

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) Authority to Transfer Authorizations-CommentsClose CommentsPermalink





(1) AUTHORITY- Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2011 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.CommentsClose CommentsPermalink





(2) LIMITATION- Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $3,500,000,000.CommentsClose CommentsPermalink





(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS- A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).CommentsClose CommentsPermalink





(b) Limitations- The authority provided by this section to transfer authorizations--CommentsClose CommentsPermalink





(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; andCommentsClose CommentsPermalink





(2) may not be used to provide authority for an item that has been denied authorization by Congress.CommentsClose CommentsPermalink





(c) Effect on Authorization Amounts- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.CommentsClose CommentsPermalink





(d) Notice to Congress- The Secretary shall promptly notify Congress of each transfer made under subsection (a).CommentsClose CommentsPermalink

SEC. 1002. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN AFGHANISTAN, IRAQ, AND HAITI FOR FISCAL YEAR 2010.

In addition to the amounts otherwise authorized to be appropriated by this division, the amounts authorized to be appropriated for fiscal year 2010 in title XV of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) are hereby increased, with respect to any such authorized amount, as follows:CommentsClose CommentsPermalink





(1) The amounts provided in sections 1502 through 1507 of such Act for the following procurement accounts are increased as follows:CommentsClose CommentsPermalink





(A) For aircraft procurement, Army, by $182,170,000.CommentsClose CommentsPermalink





(B) For weapons and tracked combat vehicles procurement, Army, by $3,000,000.CommentsClose CommentsPermalink





(C) For ammunition procurement, Army, by $17,055,000.CommentsClose CommentsPermalink





(D) For other procurement, Army, by $1,997,918,000.CommentsClose CommentsPermalink





(E) For the Joint Improvised Explosive Device Defeat Fund, by $400,000,000.CommentsClose CommentsPermalink





(F) For aircraft procurement, Navy, by $104,693,000.CommentsClose CommentsPermalink





(G) For other procurement, Navy, by $15,000,000.CommentsClose CommentsPermalink





(H) For procurement, Marine Corps, by $18,927,000.CommentsClose CommentsPermalink





(I) For aircraft procurement, Air Force, by $209,766,000.CommentsClose CommentsPermalink





(J) For ammunition procurement, Air Force, by $5,000,000.CommentsClose CommentsPermalink





(K) For other procurement, Air Force, by $576,895,000.CommentsClose CommentsPermalink





(L) For the Mine Resistant Ambush Protected Vehicle Fund, by $1,123,000,000.CommentsClose CommentsPermalink





(M) For defense-wide activities, by $189,276,000.CommentsClose CommentsPermalink





(2) The amounts provided in section 1508 of such Act for research, development, test, and evaluation are increased as follows:CommentsClose CommentsPermalink





(A) For the Army, by $61,962,000.CommentsClose CommentsPermalink





(B) For the Navy, by $5,360,000.CommentsClose CommentsPermalink





(C) For the Air Force, by $187,651,000.CommentsClose CommentsPermalink





(D) For defense-wide activities, by $22,138,000.CommentsClose CommentsPermalink





(3) The amounts provided in sections 1509, 1511, 1513, 1514, and 1515 of such Act for operation and maintenance are increased as follows:CommentsClose CommentsPermalink





(A) For the Army, by $11,700,965,000.CommentsClose CommentsPermalink





(B) For the Navy, by $2,428,702,000.CommentsClose CommentsPermalink





(C) For the Marine Corps, by $1,090,873,000.CommentsClose CommentsPermalink





(D) For the Air Force, by $3,845,047,000.CommentsClose CommentsPermalink





(E) For defense-wide activities, by $1,188,421,000.CommentsClose CommentsPermalink





(F) For the Army Reserve, by $67,399,000.CommentsClose CommentsPermalink





(G) For the Navy Reserve, by $61,842,000.CommentsClose CommentsPermalink





(H) For the Marine Corps Reserve, by $674,000.CommentsClose CommentsPermalink





(I) For the Air Force Reserve, by $95,819,000.CommentsClose CommentsPermalink





(J) For the Army National Guard, by $171,834,000.CommentsClose CommentsPermalink





(K) For the Air National Guard, by $161,281,000.CommentsClose CommentsPermalink





(L) For the Defense Health Program, by $33,367,000.CommentsClose CommentsPermalink





(M) For Drug Interdiction and Counterdrug Activities, Defense-wide, by $94,000,000.CommentsClose CommentsPermalink





(N) For the Afghanistan Security Forces Fund, by $2,604,000,000.CommentsClose CommentsPermalink





(O) For the Iraq Security Forces Fund, by $1,000,000,000.CommentsClose CommentsPermalink





(P) For Overseas Humanitarian, Disaster and Civic Aid, by $255,000,000.CommentsClose CommentsPermalink





(Q) For Overseas Contingency Operations Transfer Fund, by $350,000,000.CommentsClose CommentsPermalink





(R) For Working Capital Funds, by $974,967,000.CommentsClose CommentsPermalink





(4) The amount provided in section 1512 of such Act for military personnel accounts is increased by $1,895,761,000.CommentsClose CommentsPermalink

SEC. 1003. BUDGETARY EFFECTS OF THIS ACT.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, as long as such statement has been submitted prior to the vote on passage of this Act.CommentsClose CommentsPermalink

Subtitle B--Counter-Drug ActivitiesCommentsClose CommentsPermalink

SEC. 1011. 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 1011 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), is further amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘2010’ and inserting ‘2011’; andCommentsClose CommentsPermalink





(2) in subsection (c), by striking ‘2010’ and inserting ‘2011’.CommentsClose CommentsPermalink

SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTERTERRORISM 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 1012 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), is further amended by striking ‘2010’ and inserting ‘2011’.CommentsClose CommentsPermalink

SEC. 1013. 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 1013 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2442), is further amended by striking ‘February 15, 2010’ and inserting ‘February 15, 2011’.CommentsClose CommentsPermalink

SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.

(a) In General- Subsection (a)(2) section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as most recently amended by section 1014(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2442), is further amended by striking ‘2010’ and inserting ‘2011’.CommentsClose CommentsPermalink





(b) Maximum Amount of Support- Subsection (e)(2) of such section is amended by striking ‘fiscal years 2009 and 2010’ and inserting ‘fiscal years 2010 and 2011’.CommentsClose CommentsPermalink

Subtitle C--Naval Vessels and ShipyardsCommentsClose CommentsPermalink

SEC. 1021. REQUIREMENTS FOR LONG-RANGE PLAN FOR CONSTRUCTION OF NAVAL VESSELS.

(a) In General- Section 231 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 231. Long-range plan for construction of naval vessels

‘(a) Quadrennial Naval Vessel Construction Plan- At the same time that the budget of the President is submitted under section 1105(a) of title 31 during each year in which the Secretary of Defense submits a quadrennial defense review, the Secretary of the Navy shall submit to the congressional defense committees a long-range plan for the construction of combatant and support vessels for the Navy that supports the force structure recommendations of the quadrennial defense review.CommentsClose CommentsPermalink





‘(b) Matters Included- The plan under subsection (a) shall include the following:CommentsClose CommentsPermalink





‘(1) A detailed construction schedule of naval vessels for the 10-year period beginning on the date on which the plan is submitted, including a certification by the Secretary that the budget for the fiscal year in which the plan is submitted and the budget for the future-years defense program submitted under section 221 of this title are sufficient for funding such schedule.CommentsClose CommentsPermalink





‘(2) A probable construction schedule for the 10-year period beginning on the date that is 10 years after the date on which the plan is submitted.CommentsClose CommentsPermalink





‘(3) A notional construction schedule for the 10-year period beginning on the date that is 20 years after the date on which the plan is submitted.CommentsClose CommentsPermalink





‘(4) The estimated levels of annual funding necessary to carry out the construction schedules under paragraphs (1), (2), and (3).CommentsClose CommentsPermalink





‘(5) For the construction schedules under paragraphs (1) and (2)--CommentsClose CommentsPermalink





‘(A) a determination by the Director of Cost Assessment and Program Evaluation of the level of funding necessary to execute such schedules; andCommentsClose CommentsPermalink





‘(B) an evaluation by the Director of the potential risk associated with such schedules, including detailed effects on operational plans, missions, deployment schedules, and fulfillment of the requirements of the combatant commanders.CommentsClose CommentsPermalink





‘(c) Naval Composition- In submitting the plan under subsection (a), the Secretary shall ensure that such plan--CommentsClose CommentsPermalink





‘(1) is in accordance with section 5062(b) of this title; andCommentsClose CommentsPermalink





‘(2) phases the construction of new aircraft carriers during the periods covered by such plan in a manner that minimizes the total cost for procurement for such vessels.CommentsClose CommentsPermalink





‘(d) Assessment When Budget Is Insufficient- If the budget for a fiscal year provides for funding of the construction of naval vessels at a level that is less than the level determined necessary by the Director of Cost Assessment and Program Evaluation under subsection (b)(5), the Secretary of the Navy shall include with the defense budget materials for that fiscal year an assessment that describes and discusses the risks associated with the budget, including the risk associated with a reduced force structure that may result from funding naval vessel construction at such a level.CommentsClose CommentsPermalink





‘(e) CBO Evaluation- Not later than 60 days after the date on which the congressional defense committees receive the plan under subsection (a), the Director of the Congressional Budget Office shall submit to such committees a report assessing the sufficiency of the construction schedules and the estimated levels of annual funding included in such plan with respect to the budget submitted during the year in which the plan is submitted and the future-years defense program submitted under section 221 of this title.CommentsClose CommentsPermalink





‘(f) Changes to the Construction Plan- In any year in which a quadrennial defense review is not submitted, the Secretary of the Navy may not modify the construction schedules submitted in the plan under subsection (a) unless--CommentsClose CommentsPermalink





‘(1) the modification is an increase in planned ship construction;CommentsClose CommentsPermalink





‘(2) the modification is a realignment of less than 1 year of construction start dates in the future-years defense plan submitted under section 221 of this title and the Secretary submits to the congressional defense committees a report on such modification, including--CommentsClose CommentsPermalink





‘(A) the reasons for realignment;CommentsClose CommentsPermalink





‘(B) any increased cost that will be incurred by the Navy because of the realignment; andCommentsClose CommentsPermalink





‘(C) an assessment of the effects that the realignment will have on the shipbuilding industrial base, including the secondary supply base; orCommentsClose CommentsPermalink





‘(3) the modification is a decrease in the number or type of combatant and support vessels of the Navy and the Secretary submits to the congressional defense committees a report on such modification, including--CommentsClose CommentsPermalink





‘(A) an addendum to the most recent quadrennial defense review that fully explains and justifies the decrease with respect to the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a); andCommentsClose CommentsPermalink





‘(B) a description of the additional reviews and analyses considered by the Secretary after the previous quadrennial defense review was submitted that justify the decrease.CommentsClose CommentsPermalink





‘(g) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) The term ‘budget’, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.CommentsClose CommentsPermalink





‘(2) The term ‘defense budget materials’, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.CommentsClose CommentsPermalink





‘(3) The term ‘quadrennial defense review’ means the review of the defense programs and policies of the United States that is carried out every 4 years under section 118 of this title.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 9 of such title is amended by striking the item relating to section 231 and inserting the following new item:CommentsClose CommentsPermalink





‘231. Long-range plan for construction of naval vessels.’.CommentsClose CommentsPermalink

SEC. 1022. REQUIREMENTS FOR THE DECOMMISSIONING OF NAVAL VESSELS.

(a) Notice of Decommissioning- The Secretary of the Navy may not decommission any battle force vessel of the active fleet of the Navy unless the Secretary provides to the congressional defense committees written notification of such decommissioning in accordance with established procedures.CommentsClose CommentsPermalink





(b) Content of Notification- Any notification provided under subsection (a) shall include each of the following:CommentsClose CommentsPermalink





(1) The reasons for the proposed decommissioning of the vessel.CommentsClose CommentsPermalink





(2) An analysis of the effect the decommissioning would be likely to have on the deployment schedules of other vessels in the same class as the vessel proposed to be decommissioned.CommentsClose CommentsPermalink





(3) A certification from the Chairman of the Joint Chiefs of Staff that the decommissioning of the vessel will not adversely affect the requirements of the combatant commanders to fulfill missions critical to national security.CommentsClose CommentsPermalink





(4) Any budgetary implications associated with retaining the vessel in commission, expressed for each applicable appropriation account.CommentsClose CommentsPermalink

SEC. 1023. REQUIREMENTS FOR THE SIZE OF THE NAVY BATTLE FORCE FLEET.

(a) Limitation on Decommissioning- Until the number of vessels in the battle force fleet of the Navy reaches 313 vessels, the Secretary of the Navy shall not decommission, in fiscal year 2011 or any subsequent fiscal year, more than two-thirds of the number of vessels slated for commissioning into the battle force fleet for that fiscal year.CommentsClose CommentsPermalink





(b) Treatment of Submarines- For purposes of subsection (a), submarines of the battle force fleet slated for decommissioning for any fiscal year shall not count against the number of vessels the Secretary of the Navy is required to maintain for that fiscal year.CommentsClose CommentsPermalink

SEC. 1024. RETENTION AND STATUS OF CERTAIN NAVAL VESSELS.

The Secretary of the Navy shall retain the vessels the U.S.S. Nassau (LHA 4) and the U.S.S. Peleliu (LHA 5), in a commissioned and operational status, until the delivery to the Navy of the vessels the U.S.S. America (LHA 6) and the vessel designated as LHA 7, respectively.CommentsClose CommentsPermalink

SEC. 1025. EXPRESSING THE SENSE OF CONGRESS REGARDING THE NAMING OF A NAVAL COMBAT VESSEL AFTER FATHER VINCENT CAPODANNO.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) Father Vincent Capodanno was born on February 13, 1929, in Staten Island, New York.CommentsClose CommentsPermalink





(2) After attending Fordham University for a year, he entered the Maryknoll Missionary Seminary in upstate New York in 1949, and was ordained a Catholic priest in June 1957.CommentsClose CommentsPermalink





(3) Father Capodanno’s first assignment as a missionary was working with aboriginal Taiwanese people in the mountains of Taiwan where he served in a parish and later in a school. After several years, Father Capodanno returned to the United States for leave and then was assigned to a Maryknoll school in Hong Kong.CommentsClose CommentsPermalink





(4) Father Vincent Capodanno volunteered as a Navy Chaplain and was commissioned a Lieutenant in the Chaplain Corps of the United States Naval Reserve in December 28, 1965.CommentsClose CommentsPermalink





(5) Father Vincent Capodanno selflessly extended his combat tour in Vietnam on the condition he was allowed to remain with the infantry.CommentsClose CommentsPermalink





(6) On September 4, 1967, during a fierce battle in the Thang Binh District of the Que-Son Valley in Vietnam, Father Capodanno went among the wounded and dying, giving last rites and caring for the injured. He was killed that day while taking care of his Marines.CommentsClose CommentsPermalink





(7) On January 7, 1969, Father Vincent Capodanno was awarded the Medal of Honor posthumously for comforting the wounded and dying during the Vietnam conflict. For his dedicated service, Father Capodanno was also awarded the Bronze Star, the Purple Heart, the Presidential Unit Citation, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Gallantry Cross with Palm, and the Vietnam Campaign Medal.CommentsClose CommentsPermalink





(8) In his memory, the U.S.S. Capodanno was commissioned on September 17, 1973. It is the only Naval vessel to date to have received a Papal blessing by Pope John Paul II in Naples, Italy, on September 4, 1981.CommentsClose CommentsPermalink





(9) The U.S.S. Capodanno was decommissioned on July 30, 1993.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that the Secretary of the Navy should name a combat vessel of the United States Navy the ‘U.S.S. Father Vincent Capodanno’, in honor of Father Vincent Capodanno, a lieutenant in the Navy Chaplain Corps.CommentsClose CommentsPermalink

Subtitle D--CounterterrorismCommentsClose CommentsPermalink

SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS FOR COMBATING TERRORISM.

Section 127b(c)(3)(C) of title 10, United States Code, is amended by striking ‘2010’ and inserting ‘2011’.CommentsClose CommentsPermalink

SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

None of the funds authorized to be appropriated by this Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who--CommentsClose CommentsPermalink





(1) is not a United States citizen or a member of the Armed Forces of the United States; andCommentsClose CommentsPermalink





(2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.CommentsClose CommentsPermalink

SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO THE TRANSFER OF INDIVIDUALS DETAINED AT NAVAL STATION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.

(a) Limitation- The Secretary of Defense may not use any of the amounts authorized to be appropriated by this Act or otherwise available to the Department of Defense to transfer any individual detained at Guantanamo to the custody or effective control of the individual’s country of origin, to any other foreign country, or to any other foreign entity unless the Secretary submits to Congress the certification described in subsection (b) by not later than 30 days before the transfer of the individual.CommentsClose CommentsPermalink





(b) Certification- The certification described in this subsection is a written certification made by the Secretary of Defense, with concurrence of the Secretary of State, that the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantanamo is to be transferred--CommentsClose CommentsPermalink





(1) is not a designated state sponsor of terrorism or a designated foreign terrorist organization;CommentsClose CommentsPermalink





(2) maintains effective control over each detention facility in which an individual is to be detained if the individual is to be housed in a detention facility;CommentsClose CommentsPermalink





(3) is not, as of the date of the certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual;CommentsClose CommentsPermalink





(4) has agreed to take effective steps to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future;CommentsClose CommentsPermalink





(5) has taken such steps as the Secretary determines are necessary to ensure that the individual cannot engage or re-engage in any terrorist activity; andCommentsClose CommentsPermalink





(6) has agreed to share any information with the United States that--CommentsClose CommentsPermalink





(A) is related to the individual or any associates of the individual; andCommentsClose CommentsPermalink





(B) could affect the security of the United States, its citizens, or its allies.CommentsClose CommentsPermalink





(c) Prohibition and Waiver in Cases of Prior Confirmed Recidivism-CommentsClose CommentsPermalink





(1) PROHIBITION- The Secretary of Defense may not use any amount authorized to be appropriated or otherwise made available to the Department of Defense to transfer any individual detained at Guantanamo to the custody of the individual’s country of origin, to any other foreign country, or to any other foreign entity if there is a confirmed case of any individual who was detained at United States Naval Station, Guantanamo Bay, Cuba, at any time after September 11, 2001, who was transferred to the foreign country or entity and subsequently engaged in any terrorist activity.CommentsClose CommentsPermalink





(2) WAIVER- The Secretary of Defense may waive the prohibition in paragraph (1) if the Secretary determines that such a transfer is in the national security interests of the United States and includes, as part of the certification described in subsection (b) relating to such transfer, the determination of the Secretary under this paragraph.CommentsClose CommentsPermalink





(d) Definitions- For the purposes of this section:CommentsClose CommentsPermalink





(1) The term ‘individual detained at Guantanamo’ means any individual who is located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who--CommentsClose CommentsPermalink





(A) is not a citizen of the United States or a member of the Armed Forces of the United States; andCommentsClose CommentsPermalink





(B) is--CommentsClose CommentsPermalink





(i) in the custody or under the effective control of the Department of Defense; orCommentsClose CommentsPermalink





(ii) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





(2) The term ‘foreign terrorist organization’ means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).CommentsClose CommentsPermalink

SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MODIFY OR CONSTRUCT FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) In General- None of the funds authorized to be appropriated by this Act may be used to construct or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense.CommentsClose CommentsPermalink





(b) Exception- The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





(c) Individuals Described- An individual described in this subsection is any individual who, as of October 1, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who--CommentsClose CommentsPermalink





(1) is not a citizen of the United States or a member of the Armed Forces of the United States; andCommentsClose CommentsPermalink





(2) is--CommentsClose CommentsPermalink





(A) in the custody or under the effective control of the Department of Defense; orCommentsClose CommentsPermalink





(B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





(d) Report on Use of Facilities in the United States to House Detainees Transferred From Guantanamo-CommentsClose CommentsPermalink





(1) REPORT REQUIRED- Not later than April 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report, in classified or unclassified form, on the merits, costs, and risks of using any proposed facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense.CommentsClose CommentsPermalink





(2) ELEMENTS OF THE REPORT- The report required in paragraph (1) shall include each of the following:CommentsClose CommentsPermalink





(A) A discussion of the merits associated with any such proposed facility that would justify--CommentsClose CommentsPermalink





(i) using the facility instead of the facility at United States Naval Station, Guantanamo Bay, Cuba; andCommentsClose CommentsPermalink





(ii) the proposed facility’s contribution to effecting a comprehensive policy for continuing military detention operations.CommentsClose CommentsPermalink





(B) The rationale for selecting the specific site for any such proposed facility, including details for the processes and criteria used for identifying the merits described in subparagraph (A) and for selecting the proposed site over reasonable alternative sites.CommentsClose CommentsPermalink





(C) A discussion of any potential risks to any community in the vicinity of any such proposed facility, the measures that could be taken to mitigate such risks, and the likely cost to the Department of Defense of implementing such measures.CommentsClose CommentsPermalink





(D) A discussion of any necessary modifications to any such proposed facility to ensure that any detainee transferred from Guantanamo Bay to such facility could not come into contact with any other individual, including any other person detained at such facility, that is not approved for such contact by the Department of Defense, and an assessment of the likely costs of such modifications.CommentsClose CommentsPermalink





(E) A discussion of any support at the site of any such proposed facility that would likely be provided by the Department of Defense, including the types of support, the number of personnel required for each such type, and an estimate of the cost of such support.CommentsClose CommentsPermalink





(F) A discussion of any support, other than support provided at a proposed facility, that would likely be provided by the Department of Defense for the operation of any such proposed facility, including the types of possible support, the number of personnel required for each such type, and an estimate of the cost of such support.CommentsClose CommentsPermalink





(G) A discussion of the legal issues, in the judgment of the Secretary of Defense, that could be raised as a result of detaining or imprisoning any individual described in subsection (c) at any such proposed facility that could not be raised while such individual is detained or imprisoned at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink

SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTECTION POLICIES.

(a) Comprehensive Review Required- The Secretary of Defense shall conduct a comprehensive review of Department of Defense policies, regulations, instructions, and directives pertaining to force protection within the Department.CommentsClose CommentsPermalink





(b) Matters Covered- The review required under subsection (a) shall include an assessment of each of the following:CommentsClose CommentsPermalink





(1) Information sharing practices across the Department of Defense, and among the State, local, and Federal partners of the Department of Defense.CommentsClose CommentsPermalink





(2) Antiterrorism and force protection standards relating to standoff distances for buildings.CommentsClose CommentsPermalink





(3) Protective standards relating to chemical, biological, radiological, nuclear, and high explosives threats.CommentsClose CommentsPermalink





(4) Standards relating to access to Department bases.CommentsClose CommentsPermalink





(5) Standards for identity management within the Department, including such standards for identity cards and biometric identifications systems.CommentsClose CommentsPermalink





(6) Procedures for validating and approving individuals with regular or episodic access to military installations, including military personnel, civilian employees, contractors, family members of personnel, and other types of visitors.CommentsClose CommentsPermalink





(7) Procedures for sharing with appropriate Department of Defense officials--CommentsClose CommentsPermalink





(A) information from the intelligence or law enforcement community regarding possible contacts with terrorists or terrorist groups, criminal organizations, or other state and non-state foreign entities actively working to undermine the security interests of the United States; andCommentsClose CommentsPermalink





(B) personnel records or other derogatory information regarding potentially suspicious activities.CommentsClose CommentsPermalink





(8) Any legislative changes recommended for implementing the recommendations contained in the review.CommentsClose CommentsPermalink





(c) Interim Report- Not later than March 1, 2011, the Secretary of Defense shall submit an interim report on the comprehensive report required under subsection (a).CommentsClose CommentsPermalink





(d) Final Report- Not later than June 1, 2011, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report on the comprehensive review required under subsection (a). The final report shall include such findings and recommendations as the Secretary considers appropriate based on the review, including recommended actions to be taken to implement the specific recommendations in the final report. The final report shall be submitted in an unclassified format, but may include a classified annex.CommentsClose CommentsPermalink

SEC. 1036. FORT HOOD FOLLOW-ON REVIEW IMPLEMENTATION FUND.

(a) Establishment of Fund- Of the amounts authorized to be appropriated under section 301(5), the Secretary of Defense shall deposit $100,000,000 into a fund to be known as the ‘Fort Hood Follow-on Review Implementation Fund’. Amounts deposited in the Fund shall be available to the Secretary to address the recommendations contained in the review known as the ‘Fort Hood Follow-on Review’.CommentsClose CommentsPermalink





(b) Transfer Authority-CommentsClose CommentsPermalink





(1) TRANSFERS AUTHORIZED- Amounts in the Fort Hood Follow-on Review Implementation Fund may be transferred to any of the following accounts and funds of the Department of Defense for the purpose of addressing any of the recommendations contained the Fort Hood Follow-on Review:CommentsClose CommentsPermalink





(A) Military personnel accounts.CommentsClose CommentsPermalink





(B) Operation and maintenance accounts.CommentsClose CommentsPermalink





(C) Procurement accounts.CommentsClose CommentsPermalink





(D) Research, development, test, and evaluation accounts.CommentsClose CommentsPermalink





(E) Defense working capital funds.CommentsClose CommentsPermalink





(F) Defense Health Program accounts.CommentsClose CommentsPermalink





(2) ADDITIONAL TRANSFER AUTHORITY- The transfer authority provided by paragraph (1) is in addition to any other transfer authority available to the Department of Defense.CommentsClose CommentsPermalink





(3) TRANSFERS BACK TO THE FUND- Upon the Secretary’s determination that all or part of the funds transferred from the Fort Hood Follow-on Review Implementation Fund under paragraph (1) are not necessary for the purpose for which such funds were transferred, such funds may be transferred back to the Fund.CommentsClose CommentsPermalink





(4) PRIOR NOTICE TO CONGRESSIONAL COMMITTEES-CommentsClose CommentsPermalink





(A) OBLIGATIONS- No amount may be obligated from the Fort Hood Follow-on Review Implementation Fund until 30 days after the date on which the Secretary of Defense notifies the congressional defense committees, in writing, of the details of the proposed obligation.CommentsClose CommentsPermalink





(B) TRANSFERS- No amount may be transferred under paragraph (1) until 45 days after the date on which the Secretary of Defense notifies the congressional defense committees, in writing, of the details of the proposed transfer.CommentsClose CommentsPermalink





(5) EFFECT ON AUTHORIZATION AMOUNTS- A transfer to any account under paragraph (1) shall be deemed to increase the amount authorized to be appropriated for such account for fiscal year 2011 by an amount equal to the amount so transferred.CommentsClose CommentsPermalink





(c) Quarterly Obligation and Expenditure Reports- Not later than 15 days after the end of each fiscal quarter of fiscal year 2011, the Secretary of Defense shall submit to the congressional defense committees a report on the Fort Hood Follow-on Review Implementation Fund. Such reports shall include explanations of the monthly commitments, obligations, and expenditures of such Fund, expressed by line of action, for the fiscal quarter covered by the report.CommentsClose CommentsPermalink

SEC. 1037. INSPECTOR GENERAL INVESTIGATION OF THE CONDUCT AND PRACTICES OF LAWYERS REPRESENTING INDIVIDUALS DETAINED AT NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) In General- The Inspector General of the Department of Defense shall conduct an investigation of the conduct and practices of lawyers described in subsection (c). In conducting such investigation, the Inspector General shall--CommentsClose CommentsPermalink





(1) identify any conduct or practice of such a lawyer that has--CommentsClose CommentsPermalink





(A) interfered with the operations of the Department of Defense at Naval Station, Guantanamo Bay, Cuba, relating to individuals described in subsection (d);CommentsClose CommentsPermalink





(B) violated any applicable policy of the Department;CommentsClose CommentsPermalink





(C) violated any law within the exclusive investigative jurisdiction of the Inspector General of the Department of Defense; orCommentsClose CommentsPermalink





(D) generated any material risk to a member of the Armed Forces of the United States;CommentsClose CommentsPermalink





(2) identify any actions taken by the Department to address any conduct or practice identified in paragraph (1); andCommentsClose CommentsPermalink





(3) determine whether any such conduct or practice undermines the operations of the Department relating to such individuals.CommentsClose CommentsPermalink





(b) Lawyers Described- The lawyers described in this subsection are military and non-military lawyers--CommentsClose CommentsPermalink





(1) who represent individuals described in subsection (d) in proceedings relating to petitions for habeas corpus or in military commissions; andCommentsClose CommentsPermalink





(2) for whom there is reasonable suspicion that they have engaged in conduct or practices described in subsection (a)(1).CommentsClose CommentsPermalink





(c) Individuals Described- An individual described in this subsection is any individual who is located, or who has been located at any time on or after September 11, 2001, at United States Naval Station, Guantanamo Bay, Cuba, and who--CommentsClose CommentsPermalink





(1) is not a citizen of the United States or a member of the Armed Forces of the United States; andCommentsClose CommentsPermalink





(2) is or was--CommentsClose CommentsPermalink





(A) in the custody or under the effective control of the Department of Defense; orCommentsClose CommentsPermalink





(B) otherwise under detention at the United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





(d) Report- Not later than 90 days after the date of the completion of an investigation under subsection (a), the Inspector General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the results of such investigation.CommentsClose CommentsPermalink





(e) Rule of Construction- Nothing in this section shall be construed as authorizing the public disclosure of information that is--CommentsClose CommentsPermalink





(1) specifically prohibited from disclosure by any other provision of law;CommentsClose CommentsPermalink





(2) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security; orCommentsClose CommentsPermalink





(3) a part of an ongoing criminal investigation.CommentsClose CommentsPermalink

SEC. 1038. PROHIBITION ON USE OF FUNDS TO GIVE MIRANDA WARNINGS TO AL QAEDA TERRORISTS.

None of the funds authorized to be appropriated in this Act or otherwise made available to the Department of Defense shall be used in violation of section 1040 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2454; 10 U.S.C. 801 note).CommentsClose CommentsPermalink

Subtitle E--Studies and ReportsCommentsClose CommentsPermalink

SEC. 1041. DEPARTMENT OF DEFENSE AEROSPACE-RELATED MISHAP SAFETY INVESTIGATION REPORTS.

(a) Provision of Briefings- Not later than 30 days after the submittal of a written request by the chairman and ranking member of any of the congressional defense committees, the Secretary of a military department shall provide to that committee a briefing on the privileged findings, causal factors, and recommendations contained in a specific Department of Defense aerospace-related mishap safety investigation report.CommentsClose CommentsPermalink





(b) Briefing Attendance- A briefing provided under subsection (a) may be attended only by the following individuals:CommentsClose CommentsPermalink





(1) The chairman of the congressional defense committee for which the briefing is provided.CommentsClose CommentsPermalink





(2) The ranking member of that committee.CommentsClose CommentsPermalink





(3) The chairmen and ranking members of any subcommittees of that committee that the committee chairman and ranking member jointly designate as having jurisdiction over information contained in the briefing.CommentsClose CommentsPermalink





(4) Not more than four professional staff members designated jointly by the chairman and ranking member of the committee.CommentsClose CommentsPermalink





(c) Availability of Reports- During a briefing provided under subsection (a), two copies of the privileged version of the mishap safety investigation report that is the subject of the briefing shall be made available for review by each of the individuals who attend the briefing pursuant to subsection (b). Each copy of the report shall be returned to the Department of Defense at the conclusion of the briefing.CommentsClose CommentsPermalink





(d) Department of Defense Aerospace-related Mishap Reporting Requirement- The chairperson who is appointed by the Secretary of a military department for the purpose of conducting an aerospace-related mishap safety board investigation, shall include as an addendum in the privileged safety report a discussion--CommentsClose CommentsPermalink





(1) comparing and contrasting all of the findings, causal factors, and recommendations contained in the non-privileged, publicly-released version of the aerospace-related mishap investigation report;CommentsClose CommentsPermalink





(2) describing how such findings, causal factors, and recommendations differ from the findings, causal factors, and recommendations contained in the privileged version of the safety report; andCommentsClose CommentsPermalink





(3) the rationale that justifies any such differences.CommentsClose CommentsPermalink

SEC. 1042. INTERAGENCY NATIONAL SECURITY KNOWLEDGE AND SKILLS.

(a) Study Required-CommentsClose CommentsPermalink





(1) SELECTION OF INDEPENDENT STUDY ORGANIZATION- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall select and enter into an agreement with an appropriate independent, nonprofit organization to conduct a study of the matters described in subsection (b).CommentsClose CommentsPermalink





(2) QUALIFICATIONS OF ORGANIZATION SELECTED- The organization selected shall be qualified on the basis of having performed related prior work in the fields of national security and human capital development, and on the basis of such other criteria as the Secretary of Defense may determine.CommentsClose CommentsPermalink





(b) Matters to Be Covered- The study required by subsection (a) shall assess the current state of interagency national security knowledge and skills in Department of Defense civilian and military personnel, and make recommendations for strengthening such knowledge and skills. At minimum, the study shall include assessments and recommendations on--CommentsClose CommentsPermalink





(1) interagency national security training, education, and rotational assignment opportunities available to civilians and military personnel;CommentsClose CommentsPermalink





(2) integration of interagency national security education into the professional military education system;CommentsClose CommentsPermalink





(3) level of interagency national security knowledge and skills possessed by personnel currently serving in civilian executive and general or flag officer positions, as represented by the interagency education, training, and professional experiences they have undertaken;CommentsClose CommentsPermalink





(4) incentives that enable and encourage military and civilian personnel to undertake interagency assignment, education, and training opportunities, as well as disincentives and obstacles that discourage undertaking such opportunities; andCommentsClose CommentsPermalink





(5) any plans or current efforts to improve the interagency national security knowledge and skills of civilian and military personnel.CommentsClose CommentsPermalink





(c) Report- Not later than December 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report containing the findings and recommendations from the study required by subsection (a).CommentsClose CommentsPermalink





(d) Definition- In this section, the term ‘interagency national security knowledge and skills’ means an understanding of, and the ability to efficiently and expeditiously work within, the structures, mechanisms, and processes by which the departments, agencies, and elements of the Federal Government that have national security missions coordinate and integrate their policies, capabilities, budgets, expertise, and activities to accomplish such missions.CommentsClose CommentsPermalink

SEC. 1043. REPORT ON ESTABLISHING A NORTHEAST REGIONAL JOINT TRAINING CENTER.

(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the need for the establishment of a Northeast Regional Joint Training Center.CommentsClose CommentsPermalink





(b) Contents of Report- The report required under subsection (a) shall include each of the following:CommentsClose CommentsPermalink





(1) A list of facilities in the Northeastern United States at which, as of the date of the enactment of this Act, the Department of Defense has deployed or has committed to deploying a joint training experimentation network.CommentsClose CommentsPermalink





(2) The extent to which such facilities have sufficient unused capacity and expertise to accommodate and fully utilize a permanent joint training experimentation node.CommentsClose CommentsPermalink





(3) A list of potential locations for the regional center discussed in the report.CommentsClose CommentsPermalink





(c) Considerations With Respect to Location- In determining potential locations for the regional center of excellence to be discussed in the report required under subsection (a), the Secretary of Defense shall take into consideration Department of Defense facilities that have--CommentsClose CommentsPermalink





(1) a workforce of skilled personnel;CommentsClose CommentsPermalink





(2) live, virtual, and constructive training capabilities, and the ability to digitally connect them and the associated battle command structure at the tactical and operational levels;CommentsClose CommentsPermalink





(3) an extensive deployment history in Operation Enduring Freedom and Operation Iraqi Freedom;CommentsClose CommentsPermalink





(4) a location in the Northeastern United States;CommentsClose CommentsPermalink





(5) an existing and permanent joint training and experimentation network node;CommentsClose CommentsPermalink





(6) the capacity or potential capacity to accommodate a target training audience of up to 4000 additional personnel; andCommentsClose CommentsPermalink





(7) the capability to accommodate the training of current and future Army and Air Force unmanned aircraft systems.CommentsClose CommentsPermalink

SEC. 1044. COMPTROLLER GENERAL REPORT ON PREVIOUSLY REQUESTED REPORTS.

(a) Report Required- Not later than March 1, 2011, the Comptroller General of the United States shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report evaluating the sufficiency, adequacy, and conclusions of following reports:CommentsClose CommentsPermalink





(1) The report on Air Force fighter force shortfalls, as required by the report of the House of Representatives numbered 111-166, which accompanied the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84).CommentsClose CommentsPermalink





(2) The report on procurement of 4.5 generation fighters, as required by section 131 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2218).CommentsClose CommentsPermalink





(3) The report on combat air forces restructuring, as required by the report of the House of Representatives numbered 111-288, which accompanied the conference report for the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84).CommentsClose CommentsPermalink





(b) Matters Covered by Report- The report required by subsection (a) shall examine the potential costs and benefits of each of the following:CommentsClose CommentsPermalink





(1) The service life extension program costs to sustain the legacy fighter fleet to meet inventory requirements with an emphasis on the service life extension program compared to other options such as procurement of 4.5 generation fighters.CommentsClose CommentsPermalink





(2) The Falcon Structural Augmentation Roadmap of F-16s, with emphasis on the cost-benefit of such effort and the effect of such efforts on the service life of the airframes.CommentsClose CommentsPermalink





(3) Any additional programs designed to extend the service life of legacy fighter aircraft.CommentsClose CommentsPermalink





(c) Prohibition- No fighter aircraft may be retired from the Air Force or the Air National Guard inventory in fiscal year 2011 until 180 days after the receipt by the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of the report required under subsection (a).CommentsClose CommentsPermalink

SEC. 1045. REPORT ON NUCLEAR TRIAD.

(a) Report- Not later than March 1, 2011, the Secretary of Defense, in consultation with the Administrator for Nuclear Security, shall submit to the congressional defense committees a report on the nuclear triad.CommentsClose CommentsPermalink





(b) Matters Included- The report under subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) A detailed discussion of the modernization and sustainment plans for each component of the nuclear triad over the 20-year period beginning on the date of the report.CommentsClose CommentsPermalink





(2) The funding required for each platform of the nuclear triad with respect to operations and maintenance, modernization, and replacement.CommentsClose CommentsPermalink





(3) Any industrial capacities that the Secretary considers vital to ensure the viability of the nuclear triad.CommentsClose CommentsPermalink





(c) Nuclear Triad Defined- In this section, the term ‘nuclear triad’ means the nuclear deterrent capabilities of the United States composed of ballistic missile submarines, land-based missiles, and strategic bombers.CommentsClose CommentsPermalink

SEC. 1046. CYBERSECURITY STUDY AND REPORT.

(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) cybersecurity is one of the most serious national security challenges facing the United States; andCommentsClose CommentsPermalink





(2) it is critical that the Department of Defense develop technological solutions that ensure the security and freedom of action of the Department while operating in the cyber domain.CommentsClose CommentsPermalink





(b) Study- The Secretary of Defense shall conduct a study assessing--CommentsClose CommentsPermalink





(1) the current use of, and potential applications of, modeling and simulation tools to identify likely cybersecurity methodologies and vulnerabilities within the Department of Defense.CommentsClose CommentsPermalink





(2) the application of modeling and simulation technology to develop strategies and programs to deter hostile or malicious activity intended to compromise Department of Defense information systems.CommentsClose CommentsPermalink





(c) Report- Not later than January 1, 2012, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the results of the study conducted under subsection (b), including recommendations on possible options for increasing the use of simulation tools to further strengthen the cybersecurity environment of the Department of Defense.CommentsClose CommentsPermalink





(d) Form- The report required under subsection (c) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink

SEC. 1047. STUDY ON COMMON ALIGNMENT OF WORLD REGIONS IN DEPARTMENTS AND AGENCIES WITH INTERNATIONAL RESPONSIBILITIES.

(a) Study Required- The President shall commission a study to assess the need for and implications of a common alignment of world regions in the internal organization of departments and agencies of the Federal Government with international responsibilities.CommentsClose CommentsPermalink





(b) Participating Departments and Agencies- The following departments and agencies, at a minimum, shall participate in the study:CommentsClose CommentsPermalink





(1) The Department of Defense, including the combatant commands.CommentsClose CommentsPermalink





(2) The Department of State.CommentsClose CommentsPermalink





(3) The United States Agency for International Development.CommentsClose CommentsPermalink





(4) The Department of Justice.CommentsClose CommentsPermalink





(5) The Department of Commerce.CommentsClose CommentsPermalink





(6) The Department of the Treasury.CommentsClose CommentsPermalink





(7) The intelligence community.CommentsClose CommentsPermalink





(8) Such other departments and agencies as the President considers appropriate.CommentsClose CommentsPermalink





(c) Cooperation and Access- The heads of the departments and agencies participating in the study shall provide full cooperation with, and access to appropriate information to, the team carrying out the study.CommentsClose CommentsPermalink





(d) Matters Covered- The study required under subsection (a) shall, at a minimum, assess--CommentsClose CommentsPermalink





(1) the problems resulting from different geographic boundaries within the various departments and agencies;CommentsClose CommentsPermalink





(2) potential obstacles to implementing a common alignment;CommentsClose CommentsPermalink





(3) the advantages and disadvantages of a common alignment; andCommentsClose CommentsPermalink





(4) impediments to interagency coordination because of differing regional authority levels.CommentsClose CommentsPermalink





(e) Report- The President shall submit to Congress a report on the study required under subsection (a) not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 1048. REQUIRED REPORTS CONCERNING BOMBER MODERNIZATION, SUSTAINMENT, AND RECAPITALIZATION EFFORTS IN SUPPORT OF THE NATIONAL DEFENSE STRATEGY.

(a) Air Force Report-CommentsClose CommentsPermalink





(1) REPORT REQUIRED- Not later than 360 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees, the Director of the Congressional Budget Office, and the Comptroller General of the United States a report that includes--CommentsClose CommentsPermalink





(A) a discussion of the cost, schedule, and performance of all currently planned efforts to modernize and keep viable the existing B-1, B-2, and B-52 bomber fleets and a discussion of the forecasted service-life and all sustainment challenges that the Secretary of the Air Force may confront in keeping those platforms viable until the retirement of such aircraft;CommentsClose CommentsPermalink





(B) a discussion, presented in a comparison and contrast type format, of the scope of the 2007 Next-Generation Long Range Strike Analysis of Alternatives guidance and subsequent Analysis of Alternatives report tasked by the Under Secretary of Defense for Acquisition, Technology, and Logistics in the September 11, 2006, Acquisition Decision Memorandum, as compared to the scope and directed guidance of the year 2010 Long Range Strike Study effort currently being conducted by the Under Secretary of Defense for Policy and the Office of the Secretary of Defense’s Cost Assessment and Program Evaluation Office;CommentsClose CommentsPermalink





(C) a discussion of an objectivity and sufficiency review of the final report issued subsequent to the 2010 Long Range Strike study effort currently being conducted by the Under Secretary of Defense for Policy and the Office of the Secretary of Defense’s Cost Assessment and Program Evaluation Office;CommentsClose CommentsPermalink





(D) a discussion of the progress of efforts to field a next generation long-range strike platform, including a review of--CommentsClose CommentsPermalink





(i) the next generation long-range strike requirements development and validation;CommentsClose CommentsPermalink





(ii) the threshold and objective key performance parameters;CommentsClose CommentsPermalink





(iii) the acquisition strategy, the acquisition oversight strategy, projected life-cycle costs, the cost-risk analysis, the technology readiness levels of planned capabilities; andCommentsClose CommentsPermalink





(iv) the development, testing, production and fielding timelines;CommentsClose CommentsPermalink





(E) a discussion of the costs, development, testing, fielding and operational employment challenges, capability gaps, limitations and shortfalls of the Secretary of Defense’s plan to field a long-range, penetrating, survivable, persistent and enduring ‘family of systems’ as compared to the development, testing, fielding and operational employment of a singular platform that encompasses all the required aforementioned characteristics; andCommentsClose CommentsPermalink





(F) a discussion of the planning efforts for developing and fielding a transformational long-range strike capability in the 2035 timeframe.CommentsClose CommentsPermalink





(2) PREPARATION OF REPORT- The report under paragraph (1) shall be prepared by the Institute for Defense Analyses and submitted to the Secretary of the Air Force for submittal by the Secretary in accordance with that paragraph.CommentsClose CommentsPermalink





(b) Cost Analysis and Program Evaluation Report- The Director of the Cost Analysis and Program Evaluation of the Office of the Secretary of Defense shall submit to the congressional defense committees, the Director of the Congressional Budget Office, and the Comptroller General of the United States a report that includes--CommentsClose CommentsPermalink





(1) the assumptions and estimated life-cycle costs of the Department’s long-range, penetrating, survivable, persistent, and enduring ‘family of systems’ platforms; andCommentsClose CommentsPermalink





(2) the assumptions and estimated life-cycle costs of the Next Generation Platform program, as planned and approved by the Secretary of Defense, prior to the cancellation of the program on April 6, 2009.CommentsClose CommentsPermalink





(c) CBO Report- Not later than 360 days after the date of the enactment of this Act, the Congressional Budget Office shall submit to the congressional defense committees and to the Comptroller General of the United States a report that includes--CommentsClose CommentsPermalink





(1) a life-cycle-cost analysis of the costs of modernizing and sustaining the current fleet of B-1, B-2 and B-52 bombers to meet future long-range strike requirements compared to the costs of development, testing, fielding, and operational employment of a singular Next Generation Bomber platform to replace the existing fleet of B-1, B-2 and B-52 platforms;CommentsClose CommentsPermalink





(2) a life-cycle-cost analysis of the costs of the Secretary of Defense’s plan to field a long-range, penetrating, survivable, persistent, and enduring ‘family of systems’ compared to the costs of developing, testing, fielding and operational employment of a singular Next Generation Bomber platform;CommentsClose CommentsPermalink





(3) a life-cycle-cost analysis of the costs the Secretary of Defense’s plan to field a long-range, penetrating, survivable, persistent and enduring ‘family of systems’ compared to the costs of modernizing and sustaining the current fleet of B-1, B-2 and B-52 bombers to meet future long-range strike requirements; andCommentsClose CommentsPermalink





(4) the results of an objectivity and sufficiency review of the cost analysis described in subsection (b)(1).CommentsClose CommentsPermalink





(d) Access to Programmatic Information-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense and the Secretary of the Air Force shall provide prompt access to programmatic information requested by agency personnel for the purpose of producing a report required under this section, including any and all classified information pertaining to the Department’s ‘family of systems’ programs.CommentsClose CommentsPermalink





(2) PROMPT ACCESS DEFINED- For purposes of paragraph (1), the term ‘prompt access’ means access provided not later than 15 business days after receiving a request.CommentsClose CommentsPermalink

Subtitle F--Other MattersCommentsClose CommentsPermalink

SEC. 1051. NATIONAL DEFENSE PANEL.

Subsection (f) of section 118 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(f) National Defense Panel-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- Not later than February 1 of a year in which a quadrennial defense review is conducted under this section, there shall be established a bipartisan, independent panel to be known as the National Defense Panel (in this section referred to as the ‘Panel’). The Panel shall have the duties set forth in this subsection.CommentsClose CommentsPermalink





‘(2) MEMBERSHIP- The Panel shall be composed of ten members who are recognized experts in matters relating to the national security of the United States. Eight of the members shall be appointed as follows:CommentsClose CommentsPermalink





‘(A) Two by the chairman of the Committee on Armed Services of the House of Representatives.CommentsClose CommentsPermalink





‘(B) Two by the chairman of the Committee on Armed Services of the Senate.CommentsClose CommentsPermalink





‘(C) Two by the ranking member of the Committee on Armed Services of the House of Representatives.CommentsClose CommentsPermalink





‘(D) Two by the ranking member of the Committee on Armed Services of the Senate.CommentsClose CommentsPermalink





‘(3) CO-CHAIRS OF THE PANEL- In addition to the members appointed under paragraph (2), the Secretary of Defense shall appoint two members, one from each of the major political parties, to serve as co-chairs of the panel.CommentsClose CommentsPermalink





‘(4) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the life of the Panel. Any vacancy in the Panel shall be filled in the same manner as the original appointment.CommentsClose CommentsPermalink





‘(5) DUTIES- The Panel shall have the following duties with respect to a quadrennial defense review:CommentsClose CommentsPermalink





‘(A) Not later than March 1 of a year in which the review is conducted, the Panel shall submit to the Secretary of Defense a report that sets the parameters and provide guidance to the Secretary on the conduct of the review. The report of the Panel under this subparagraph shall, at a minimum, include such guidance as is necessary to ensure that the review is conducted in a manner that provides for adequately addressing all elements listed in subsection (d).CommentsClose CommentsPermalink





‘(B) While the review is being conducted, the Panel shall review the updates from the Secretary of Defense required under paragraph (8) on the conduct of the review.CommentsClose CommentsPermalink





‘(C) The Panel shall--CommentsClose CommentsPermalink





‘(i) review the Secretary of Defense’s terms of reference and any other materials providing the basis for, or substantial inputs to, the work of the Department of Defense on the quadrennial defense review;CommentsClose CommentsPermalink





‘(ii) conduct an assessment of the assumptions, strategy, findings, and risks of the report on the quadrennial defense review required in subsection (d), with particular attention paid to the risks described in that report;CommentsClose CommentsPermalink





‘(iii) conduct an independent assessment of a variety of possible force structures of the armed forces, including the force structure identified in the report on the quadrennial defense review required in subsection (d);CommentsClose CommentsPermalink





‘(iv) review the resource requirements identified pursuant to subsection (b)(3) and, to the extent practicable, make a general comparison to the resource requirements to support the forces contemplated under the force structures assessed under subparagraph (C); andCommentsClose CommentsPermalink





‘(v) provide to Congress and the Secretary of Defense, through the report under paragraph (7), any recommendations it considers appropriate for their consideration.CommentsClose CommentsPermalink





‘(6) FIRST MEETING- If the Secretary of Defense has not made the Secretary’s appointments to the Panel under paragraph (3) by February 1 of a year in which a quadrennial defense review is conducted under this section, the Panel shall convene for its first meeting with the remaining members.CommentsClose CommentsPermalink





‘(7) REPORT- Not later than 3 months after the date on which the report on a quadrennial defense review is submitted under subsection (d) to the congressional committees named in that subsection, the Panel established under paragraph (1) shall submit to those committees an assessment of the quadrennial defense review, including a description of the items addressed under paragraph (5) with respect to that quadrennial defense review.CommentsClose CommentsPermalink





‘(8) UPDATES FROM SECRETARY OF DEFENSE- The Secretary of Defense shall periodically, but not less often than every 30 days, brief the Panel on the progress of the conduct of a quadrennial defense review under subsection (a).CommentsClose CommentsPermalink





‘(9) ADMINISTRATIVE PROVISIONS-CommentsClose CommentsPermalink





‘(A) The Panel may secure directly from the Department of Defense and any of its components such information as the Panel considers necessary to carry out its duties under this subsection. The head of the department or agency concerned shall ensure that information requested by the Panel under this paragraph is promptly provided.CommentsClose CommentsPermalink





‘(B) Upon the request of the co-chairs of the Panel, the Secretary of Defense shall make available to the Panel the services of any federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense.CommentsClose CommentsPermalink





‘(C) The Panel shall have the authorities provided in section 3161 of title 5, United States Code, and shall be subject to the conditions set forth in such section.CommentsClose CommentsPermalink





‘(D) Funds for activities of the Panel shall be provided from amounts available to the Department of Defense.CommentsClose CommentsPermalink





‘(10) TERMINATION- The Panel for a quadrennial defense review shall terminate 45 days after the date on which the Panel submits its final report on the quadrennial defense review under paragraph (7).’.CommentsClose CommentsPermalink

SEC. 1052. QUADRENNIAL DEFENSE REVIEW.

(a) Sense of Congress- It is the sense of Congress that the quadrennial defense review is a critical strategic document and should be based upon a process unconstrained by budgetary influences so that such influences do not determine or limit its outcome.CommentsClose CommentsPermalink





(b) Relationship of Quadrennial Defense Review to Defense Budget- Paragraph (4) of section 118(b) of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(4) to make recommendations that will not be influenced, constrained, or informed by the budget submitted to Congress by the President pursuant to section 1105 of title 31.’.CommentsClose CommentsPermalink

SEC. 1053. SALE OF SURPLUS MILITARY EQUIPMENT TO STATE AND LOCAL HOMELAND SECURITY AND EMERGENCY MANAGEMENT AGENCIES.

(a) State and Local Agencies to Which Sales May Be Made- Section 2576 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘local law enforcement and firefighting’ and inserting ‘local law enforcement, firefighting, homeland security, and emergency management’; andCommentsClose CommentsPermalink





(B) by striking ‘carrying out law enforcement and firefighting activities’ and inserting ‘carrying out law enforcement, firefighting, homeland security, and emergency management activities’; andCommentsClose CommentsPermalink





(2) in subsection (b), by striking ‘law enforcement or firefighting’ both places it appears and inserting ‘law enforcement, firefighting, homeland security, or emergency management’.CommentsClose CommentsPermalink





(b) Types of Equipment That May Be Sold- Subsection (a) of such section, as amended by subsection (a) of this section, is further amended by striking ‘and protective body armor’ and inserting ‘personal protective equipment, and other appropriate equipment’.CommentsClose CommentsPermalink





(c) Clerical Amendments-CommentsClose CommentsPermalink





(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 2576. Surplus military equipment: sale to State and local law enforcement, firefighting, homeland security, and emergency management agencies’.

(2) TABLE OF SECTIONS- The item relating to such section in the table of sections at the beginning of chapter 153 of such title is amended to read as follows:CommentsClose CommentsPermalink





‘2576. Surplus military equipment: sale to State and local law enforcement, firefighting, homeland security, and emergency management agencies.’.CommentsClose CommentsPermalink

SEC. 1054. DEPARTMENT OF DEFENSE RAPID INNOVATION PROGRAM.

(a) Program Established- The Secretary of Defense shall establish a program to accelerate the fielding of innovative technologies developed using Department of Defense research funding and the commercialization of such technologies. Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidelines for the operation of the program, including--CommentsClose CommentsPermalink





(1) criteria for an application for funding by a military department, defense agency, or the unified combatant command for special operations forces;CommentsClose CommentsPermalink





(2) the purposes for which such a department, agency, or command may apply for funds and appropriate requirements for technology development or commercialization to be supported using program funds;CommentsClose CommentsPermalink





(3) the priorities, if any, to be provided to field or commercialize technologies developed by certain types of Department of Defense research funding; andCommentsClose CommentsPermalink





(4) criteria for evaluation of an application for funding by a department, agency, or command.CommentsClose CommentsPermalink





(b) Applications for Funding-CommentsClose CommentsPermalink





(1) IN GENERAL- Under the program, the Secretary shall, not less often than annually, solicit from the heads of the military departments, the defense agencies, and the unified combatant command for special operations forces applications for funding to be used to enter into contracts, cooperative agreements, or other transaction agreements entered into pursuant to section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1721; 10 U.S.C. 2371 note) with appropriate entities for the fielding or commercialization of technologies.CommentsClose CommentsPermalink





(2) TREATMENT PURSUANT TO CERTAIN CONGRESSIONAL RULES- Nothing in this section shall be interpreted to require any official of the Department of Defense to provide funding under this section to any earmark as defined pursuant to House Rule XXI, clause 9, or any congressionally directed spending item as defined pursuant to Senate Rule XLIV, paragraph 5.CommentsClose CommentsPermalink





(c) Funding- Subject to the availability of appropriations for such purpose, of the amounts authorized to be appropriated for research, development, test, and evaluation, defense-wide for each of fiscal years 2011 through 2015, not more than $500,000,000 may be used for any such fiscal year for the program established under subsection (a).CommentsClose CommentsPermalink





(d) Transfer Authority- The Secretary may transfer funds available for the program to the research, development, test, and evaluation accounts of a military department, defense agency, or the unified combatant command for special operations forces pursuant to an application, or any part of an application, that the Secretary determines would support the purposes of the program. The transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.CommentsClose CommentsPermalink





(e) Delegation of Management of Program- The Secretary may delegate the management and operation of the program established under subsection (a) to the Assistant Secretary of Defense for Research and Engineering.CommentsClose CommentsPermalink





(f) Report- Not later than 60 days after the last day of a fiscal year during which the Secretary carries out a program under this section, the Secretary shall submit a report to the congressional defense committees providing a detailed description of the operation of the program during such fiscal year.CommentsClose CommentsPermalink





(g) Termination- The authority to carry out a program under this section shall terminate on September 30, 2015. Any amounts made available for the program that remain available for obligation on the date the program terminates may be transferred under subsection (d) during the 180-day period beginning on the date of the termination of the program.CommentsClose CommentsPermalink

SEC. 1055. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Title 5, United States Code- Subsection (l)(2)(B) of section 8344 of title 5, United States Code, as added by section 1122(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2505), is amended by striking ‘5201 et seq.’ and inserting ‘5211 et seq.’.CommentsClose CommentsPermalink





(b) Title 10, United States Code- Title 10, United States Code, is amended as follows:CommentsClose CommentsPermalink





(1) Section 127d(d)(1) is amended by striking ‘Committee on International Relations’ and inserting ‘Committee on Foreign Affairs’.CommentsClose CommentsPermalink





(2) Section 132 is amended--CommentsClose CommentsPermalink





(A) by redesignating subsection (d), as added by section 2831(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2669), as subsection (e); andCommentsClose CommentsPermalink





(B) in such subsection, by striking ‘Guam Executive Council’ and inserting ‘Guam Oversight Council’.CommentsClose CommentsPermalink





(3)(A) Section 382 is amended by striking ‘section 175 or 2332c’ in subsections (a), (b)(2)(C), and (d)(2)(A)(ii) and inserting ‘section 175, 229, or 2332a’.CommentsClose CommentsPermalink





(B) The heading of such section is amended by striking ‘chemical or biological’.CommentsClose CommentsPermalink





(C) The table of sections at the beginning of chapter 18 is amended by striking the item relating to section 382 and inserting the following new item:CommentsClose CommentsPermalink





‘382. Emergency situations involving weapons of mass destruction.’.CommentsClose CommentsPermalink





(4) Section 1175a(j)(3) is amended by striking ‘title 10’ and inserting ‘this title’.CommentsClose CommentsPermalink





(5) Section 1781b(d) is amended by striking ‘March 1, 2008, and each year thereafter’ and inserting ‘March 1 each year’.CommentsClose CommentsPermalink





(6) Section 1781c(h)(1) is amended by striking ‘180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, and annually thereafter’ and inserting ‘April 30 each year’.CommentsClose CommentsPermalink





(7) Section 2130a(b)(1) is amended by striking ‘Training Program’ both places it appears and inserting ‘Training Corps program’.CommentsClose CommentsPermalink





(8) Section 2222(a) is amended by striking ‘Effective October 1, 2005, funds’ and inserting ‘Funds’.CommentsClose CommentsPermalink





(9) The table of sections at the beginning of subchapter I of chapter 134, as amended by section 1031(a)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2448), is amended by transferring the item relating to section 2241a from the end of the table of sections to appear after the item relating to section 2241.CommentsClose CommentsPermalink





(10) Section 2362(e)(1) is amended by striking ‘IV’ and inserting ‘V’.CommentsClose CommentsPermalink





(11) Section 2533a(d) is amended in paragraphs (1) and (4) by striking ‘(b)(1)(A), (b)(2), or (b)(3)’ and inserting ‘(b)(1)(A) or (b)(2)’.CommentsClose CommentsPermalink





(12) Section 2642(a)(3) is amended by striking ‘During the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010’ and inserting ‘During the period beginning on October 28, 2009, and ending on October 28, 2014’.CommentsClose CommentsPermalink





(13) Section 2667(e)(1)(A)(ii) is amended by striking ‘sections 2668 and 2669’ and inserting ‘section 2668’.CommentsClose CommentsPermalink





(14) Section 2684a(g)(1) is amended by striking ‘March 1, 2007, and annually thereafter’ and inserting ‘March 1 each year’.CommentsClose CommentsPermalink





(15) Section 2687a(a) is amended by striking ‘31for’ and inserting ‘31 for’.CommentsClose CommentsPermalink





(16) Section 2922d is amended by striking ‘1 or more’ each place it appears and inserting ‘one or more’.CommentsClose CommentsPermalink





(17) Section 10216 is amended by striking ‘section 115(c)’ in subsections (b)(1), (c)(1), and (c)(2)(A) and inserting ‘section 115(d)’.CommentsClose CommentsPermalink





(18) Section 10217(c)(1) is amended--CommentsClose CommentsPermalink





(A) by striking ‘Effective October 1, 2007, the’ and inserting ‘The’; andCommentsClose CommentsPermalink





(B) by striking ‘after the preceding sentence takes effect’.CommentsClose CommentsPermalink





(19) Section 12203(a) is amended by striking ‘above’ in the first sentence and inserting ‘of’.CommentsClose CommentsPermalink





(c) National Defense Authorization Act for Fiscal Year 2010- Effective as of October 28, 2009, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) is amended as follows:CommentsClose CommentsPermalink





(1) Section 325(d)(4) (123 Stat. 2254) is amended by striking ‘section 236’ and inserting ‘section 235’.CommentsClose CommentsPermalink





(2) Section 581(a)(1)(C) (123 Stat. 2326) is amended by striking ‘subsection (f)’ and inserting ‘subsection (g), as redesignated by section 582(b)(1)’.CommentsClose CommentsPermalink





(3) Section 584(a) (123 Stat. 2330) is amended by striking ‘such Act’ and inserting ‘the Uniformed and Overseas Citizens Absentee Voting Act’.CommentsClose CommentsPermalink





(4) Section 585(b)(1) (123 Stat. 2331) is amended by striking subparagraphs (A) and (B), and inserting the following new subparagraphs:CommentsClose CommentsPermalink





‘(A) in paragraph (2), by striking ‘section 102(4)’ and inserting ‘section 102(a)(4)’; andCommentsClose CommentsPermalink





‘(B) by striking paragraph (4) and inserting the following new paragraph:CommentsClose CommentsPermalink





‘(4) prescribe a suggested design for absentee ballot mailing envelopes;’; and’.CommentsClose CommentsPermalink





(5) Section 589 (123 Stat. 2334; 42 U.S.C. 1973ff-7) is amended--CommentsClose CommentsPermalink





(A) in subsection (a)(1)--CommentsClose CommentsPermalink





(i) by striking ‘section 107(a)’ and inserting ‘section 107(1)’; andCommentsClose CommentsPermalink





(ii) by striking ‘1973ff et seq.’ and inserting ‘1973ff-6(1)’; andCommentsClose CommentsPermalink





(B) in subsection (e)(1), by striking ‘1977ff note’ and inserting ‘1973ff note’.CommentsClose CommentsPermalink





(6) The undesignated section immediately following section 603 (123 Stat. 2350) is designated as section 604.CommentsClose CommentsPermalink





(7) Section 714(c) (123 Stat. 2382; 10 U.S.C. 1071 note) is amended--CommentsClose CommentsPermalink





(A) by striking ‘feasability’ both places it appears and inserting ‘feasibility’; andCommentsClose CommentsPermalink





(B) by striking ‘specialities’ both places it appears and inserting ‘specialties’.CommentsClose CommentsPermalink





(8) Section 813(a)(3) is amended by inserting ‘order’ after ‘task’ in the matter proposed to be struck.CommentsClose CommentsPermalink





(9) Section 921(b)(2) (123 Stat. 2432) is amended by inserting ‘subchapter I of’ before ‘chapter 21’.CommentsClose CommentsPermalink





(10) Section 1014(c) (123 Stat. 2442) is amended by striking ‘in which the support’ and inserting ‘in which support’.CommentsClose CommentsPermalink





(11) Section 1043(d) (123 Stat. 2457; 10 U.S.C. 2353 note) is amended by striking ‘et 13 seq.’ and inserting ‘et seq.’.CommentsClose CommentsPermalink





(12) Section 1055(f) (123 Stat. 2462) is amended by striking ‘Combating’ and inserting ‘Combatting’.CommentsClose CommentsPermalink





(13) Section 1063(d)(2) (123 Stat. 2470) is amended by striking ‘For purposes of this section, the’ and inserting ‘The’.CommentsClose CommentsPermalink





(14) Section 1080(b) (123 Stat. 2479; 10 U.S.C. 801 note) is amended--CommentsClose CommentsPermalink





(A) by striking ‘title 14’ and inserting ‘title XIV’;CommentsClose CommentsPermalink





(B) by striking ‘title 10’ and inserting ‘title X’; andCommentsClose CommentsPermalink





(C) by striking ‘the Military Commissions Act of 2006 (10 U.S.C. 948 et seq.; Public Law 109-366)’ and inserting ‘chapter 47A of title 10, United States Code’.CommentsClose CommentsPermalink





(15) Section 1111(b) (123 Stat. 2495; 10 U.S.C. 1580 note prec.) is amended by striking ‘the Secretary’ in the first sentence and inserting ‘the Secretary of Defense’.CommentsClose CommentsPermalink





(16) Section 1113(g)(1) (123 Stat. 2502; 5 U.S.C. 9902 note) is amended by inserting ‘United States Code,’ after ‘title 5,’ the first place it appears.CommentsClose CommentsPermalink





(17) Section 1121 (123 Stat. 2505) is amended--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) by striking ‘Section 9902(h)’ and inserting ‘Section 9902(g)’; andCommentsClose CommentsPermalink





(ii) by inserting ‘as redesignated by section 1113(b)(1)(B),’ after ‘Code,’; andCommentsClose CommentsPermalink





(B) in subsection (b), by striking ‘section 9902(h)’ and inserting ‘section 9902(g)’.CommentsClose CommentsPermalink





(18) Section 1261 (123 Stat. 2553; 22 U.S.C. 6201 note) is amended by inserting a space between the first short title and ‘or’.CommentsClose CommentsPermalink





(19) Section 1306(b) (123 Stat. 2560) is amended by striking ‘fiscal year’ and inserting ‘Fiscal Year’.CommentsClose CommentsPermalink





(20) Subsection (b) of section 1803 (123 Stat. 2612) is amended to read as follows:CommentsClose CommentsPermalink





‘(b) Appellate Review Under Detainee Treatment Act of 2005-CommentsClose CommentsPermalink





‘(1) DEPARTMENT OF DEFENSE, EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF OF MEXICO, AND PANDEMIC INFLUENZA ACT, 2006- Section 1005(e) of the Detainee Treatment Act of 2005 (title X of Public Law 109-148; 10 U.S.C. 801 note) is amended by striking paragraph (3).CommentsClose CommentsPermalink





‘(2) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006- Section 1405(e) of the Detainee Treatment Act of 2005 (Public Law 109-163; 10 U.S.C. 801 note) is amended by striking paragraph (3).’.CommentsClose CommentsPermalink





(21) Section 1916(b)(1)(B) (123 Stat. 2624) is amended by striking the comma after ‘5941’.CommentsClose CommentsPermalink





(22) Section 2804(d)(2) (123 Stat. 2662) is amended by inserting ‘subchapter III of’ before ‘chapter 169’.CommentsClose CommentsPermalink





(23) Section 2835(f)(1) (123 Stat. 2677) is amended by striking ‘publically-available’ and inserting ‘publicly available’.CommentsClose CommentsPermalink





(24) Section 3503(b)(1) (123 Stat. 2719) is amended by striking the extra quotation marks.CommentsClose CommentsPermalink





(25) Section 3508(1) (123 Stat. 2721) is amended by striking ‘headline’ and inserting ‘heading’.CommentsClose CommentsPermalink





(d) Duncan Hunter National Defense Authorization Act for Fiscal Year 2009-CommentsClose CommentsPermalink





(1) Section 596(b)(1)(D) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 1071 note), as amended by section 594 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2337), is amended by striking ‘or flag’ the second place it appears.CommentsClose CommentsPermalink





(2) Section 1111(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 143 note), as amended by section 1109 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2492), is amended--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘secretary of a military department’ and inserting ‘Secretary of a military department’;CommentsClose CommentsPermalink





(B) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘the the requirements’ and inserting ‘the requirements’; andCommentsClose CommentsPermalink





(ii) by striking ‘this title’ and inserting ‘such title’; andCommentsClose CommentsPermalink





(C) in paragraph (2), by striking ‘any any of the following’ and inserting ‘any of the following’.CommentsClose CommentsPermalink





(e) Weapon Systems Acquisition Reform Act of 2009- Effective as of May 22, 2009, and as if included therein as enacted, the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23) is amended as follows:CommentsClose CommentsPermalink





(1) Section 205(a)(1)(B) (123 Stat. 1724) is amended in the matter proposed to be inserted by striking ‘paragraphs (1) and (2)’ and inserting ‘paragraphs (1), (2), and (3)’.CommentsClose CommentsPermalink





(2) Section 205(c) (124 Stat. 1725) is amended by striking ‘2433a(c)(3)’ and inserting ‘2433a(c)(1)(C)’.CommentsClose CommentsPermalink





(f) Technical Correction Regarding SBIR Extension- Section 9(m)(2) of the Small Business Act (15 U.S.C. 638(m)(2)), as added by section 847(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2420), is amended by striking ‘is authorized’ and inserting ‘are authorized’.CommentsClose CommentsPermalink





(g) Technical Correction Regarding Performance Management and Workforce Incentives- Section 9902(a)(2) of title 5, United States Code, as added by section 1113(d) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2499), is amended by striking ‘chapters’ both places it appears and inserting ‘chapter’.CommentsClose CommentsPermalink





(h) Technical Correction Regarding Small Shipyards and Maritime Communities Assistance Program- Section 3506 of the National Defense Authorization Act for Fiscal Year 2006, as reinstated by the amendment made by section 1073(c)(14) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2475), is repealed.CommentsClose CommentsPermalink





(i) Technical Correction Regarding DOT Maritime Heritage Property- Section 6(a)(1)(C) of the National Maritime Heritage Act of 1994 (16 U.S.C. 5405(a)(1)(C)), as amended by section 3509 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2721), is amended by striking ‘the date of enactment of the Maritime Administration Authorization Act of 2010’ and inserting ‘October 28, 2009’.CommentsClose CommentsPermalink





(j) Technical Correction Regarding DOE National Security Programs- The table of contents at the beginning of the National Nuclear Security Administration Act (title XXXII of Public Law 106-65; 50 U.S.C. 2401 et seq.) is amended by striking the item relating to section 3255 and inserting the following new item:CommentsClose CommentsPermalink





‘Sec. 3255. Biennial plan and budget assessment on the modernization and refurbishment of the nuclear security complex.’.CommentsClose CommentsPermalink

SEC. 1056. BUDGETING FOR THE SUSTAINMENT AND MODERNIZATION OF NUCLEAR DELIVERY SYSTEMS.

Consistent with the plan contained in the report submitted to Congress under section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549), in the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2012, and each subsequent fiscal year, the Secretary shall ensure that a separate budget (including separate, dedicated line items and program elements) is included with respect to programs and platforms regarding the sustainment and modernization of nuclear delivery systems.CommentsClose CommentsPermalink

SEC. 1057. LIMITATION ON NUCLEAR FORCE REDUCTIONS.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) As of September 30, 2009, the stockpile of nuclear weapons of the United States has been reduced by 84 percent from its maximum level in 1967 and by more than 75 percent from its level when the Berlin Wall fell in November, 1989.CommentsClose CommentsPermalink





(2) The number of non-strategic nuclear weapons of the United States has declined by approximately 90 percent from September 30, 1991, to September 30, 2009.CommentsClose CommentsPermalink





(3) In 2002, the United States announced plans to reduce its number of operationally deployed strategic nuclear warheads to between 1,700 and 2,200 by December 31, 2012.CommentsClose CommentsPermalink





(4) The United States plans to further reduce its stockpile of deployed strategic nuclear warheads to 1,550 during the next 7 years.CommentsClose CommentsPermalink





(5) The United States plans to further reduce its deployed ballistic missiles and heavy bombers to 700 and its deployed and non-deployed launchers and heavy bombers to 800 during the next 7 years.CommentsClose CommentsPermalink





(6) Beyond these plans for reductions, the Nuclear Posture Review of April 2010 stated that, ‘the President has directed a review of potential future reductions in U.S. nuclear weapons below New START levels. Several factors will influence the magnitude and pace of such reductions.’.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) any reductions in the nuclear forces of the United States should be supported by a thorough assessment of the strategic environment, threat, and policy and the technical and operational implications of such reductions; andCommentsClose CommentsPermalink





(2) specific criteria are necessary to guide future decisions regarding further reductions in the nuclear forces of the United States.CommentsClose CommentsPermalink





(c) Limitation- No action may be taken to implement the reduction of nuclear forces of the United States below the levels described in paragraphs (4) and (5) of subsection (a), unless--CommentsClose CommentsPermalink





(1) the Secretary of Defense and the Administrator for Nuclear Security jointly submit to the congressional defense committees a report on such reduction, including--CommentsClose CommentsPermalink





(A) the justification for such reduction;CommentsClose CommentsPermalink





(B) an assessment of the strategic environment, threat, and policy and the technical and operational implications of such reduction;CommentsClose CommentsPermalink





(C) written certification by the Secretary of Defense that--CommentsClose CommentsPermalink





(i) either--CommentsClose CommentsPermalink





(I) the strategic environment or the assessment of the threat has changed to allow for such reduction; orCommentsClose CommentsPermalink





(II) technical measures to provide a commensurate or better level of safety, security, and reliability as before such reduction have been implemented for the remaining nuclear forces of the United States;CommentsClose CommentsPermalink





(ii) such reduction preserves the nuclear deterrent capabilities of the ‘nuclear triad’ (intercontinental ballistic missiles, ballistic missile submarines, and heavy bombers and dual-capable aircraft);CommentsClose CommentsPermalink





(iii) such reduction does not require a change in targeting strategy from counterforce targeting to countervalue targeting;CommentsClose CommentsPermalink





(iv) the remaining nuclear forces of the United States provide a sufficient means of protection against unforeseen technical challenges and geopolitical events; andCommentsClose CommentsPermalink





(v) such reduction is compensated by other measures (such as nuclear modernization, conventional forces, and missile defense) that together provide a commensurate or better deterrence capability and level of credibility as before such reduction; andCommentsClose CommentsPermalink





(D) written certification by the Administrator for Nuclear Security that--CommentsClose CommentsPermalink





(i) technical measures to provide a commensurate or better level of safety, security, and reliability as before such reduction have been implemented for the remaining nuclear forces of the United States;CommentsClose CommentsPermalink





(ii) the remaining nuclear forces of the United States provide a sufficient means of protection against unforeseen technical challenges and geopolitical events; andCommentsClose CommentsPermalink





(iii) measures to modernize the nuclear weapons complex have been implemented to provide a sufficiently responsive infrastructure to support the remaining nuclear forces of the United States; andCommentsClose CommentsPermalink





(2) a period of 180 days has elapsed after the date on which the report under paragraph (1) is submitted.CommentsClose CommentsPermalink





(d) Definition- In this section, the term ‘nuclear forces of the United States’ includes--CommentsClose CommentsPermalink





(1) both active and inactive nuclear warheads in the nuclear weapons stockpile; andCommentsClose CommentsPermalink





(2) deployed and non-deployed delivery vehicles.CommentsClose CommentsPermalink

SEC. 1058. SENSE OF CONGRESS ON THE NUCLEAR POSTURE REVIEW.

It is the sense of Congress that the Nuclear Posture Review, released in April 2010 by the Secretary of Defense, weakens the national security of the United States by eliminating options to defend against a catastrophic nuclear, biological, chemical, or conventional attack against the United States.CommentsClose CommentsPermalink

SEC. 1059. STRATEGIC ASSESSMENT OF STRATEGIC CHALLENGES POSED BY POTENTIAL COMPETITORS.

The Secretary of Defense shall, in consultation with the Joint Chiefs of Staff and the commanders of the regional combatant commands, submit to the congressional defense committees, not later than March 15, 2011, a comprehensive strategic assessment of the current and future strategic challenges posed to the United States by potential competitors out through 2021, with particular attention paid to those challenges posed by the military modernization of the People’s Republic of China, Iran, North Korea, and Russia.CommentsClose CommentsPermalink

SEC. 1060. ELECTRONIC ACCESS TO CERTAIN CLASSIFIED INFORMATION.

The Secretary of Defense shall provide to each committee of Congress an electronic communications link to classified information in the possession of the Department of Defense pertaining to a subject matter that is in the jurisdiction of such committee under the Rules of the House of Representatives or the Standing Rules of the Senate. Such electronic communications link shall be capable of supporting appropriate classified communications between the Department of Defense and each committee of Congress authorized to carry out such communications.CommentsClose CommentsPermalink

SEC. 1061. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) expressed the sense of Congress (in section 1083(d)(4)) that the Secretary of State ‘should work with the Government of Iraq on a state-to-state basis to ensure compensation for any meritorious claims based on terrorist acts committed by the Saddam Hussein regime against individuals who were United States nationals or members of the United States Armed Forces at the time of those terrorist acts and whose claims cannot be addressed in courts in the United States due to the exercise of the waiver authority’ provided to the President under section 1083(d) of that Act.CommentsClose CommentsPermalink





(2) The House of Representatives in the 110th Congress unanimously adopted H.R. 5167, the Justice for Victims of Torture and Terrorism Act, which set forth an appropriate compromise of the claims described in paragraph (1).CommentsClose CommentsPermalink





(3) The National Defense Authorization Act for Fiscal Year 2010 (in section 1079) further expressed the sense of Congress that these claims of American victims of torture and hostage taking by Iraq ‘should be resolved by a prompt and fair settlement negotiated between the Government of Iraq and the Government of the United States, taking note of the provisions of H.R. 5167 of the 110th Congress, which was adopted by the United States House of Representatives’.CommentsClose CommentsPermalink





(4) Pursuant to these congressional actions, the Secretary of State has diligently pursued these negotiations with the Government of Iraq. To date, however, more than 3 years after the enactment of the National Defense Authorization Act for Fiscal Year 2008, and nearly a year after the enactment of the National Defense Authorization Act for Fiscal Year 2010, there has been no resolution of these claims of injured Americans, despite the resolution by Iraq of claims of foreign corporations against the Saddam Hussein regime.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that the claims of American victims of torture and hostage taking by the Government of Iraq during the regime of Saddam Hussein that are subject to Presidential Determination Number 2008-9 of January 28, 2008, which waived application of section 1083 of the National Defense Authorization Act for Fiscal Year 2008, should be resolved by a prompt and fair settlement negotiated between the Government of Iraq and the Government of the United States.CommentsClose CommentsPermalink

SEC. 1062. POLICY REGARDING APPROPRIATE USE OF DEPARTMENT OF DEFENSE RESOURCES.

(a) Policy-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 2 of Title 10, United States Code, is amended by inserting after section 113a the following new section:CommentsClose CommentsPermalink

‘Sec. 113b. Use of Department of Defense resources

‘(a) Policy- The Secretary of Defense shall ensure that all resources of the Department of Defense are used only for activities that--CommentsClose CommentsPermalink





‘(1) fulfill a legitimate Government purpose;CommentsClose CommentsPermalink





‘(2) comply with all applicable laws, regulations, and policies of the Department of Defense; andCommentsClose CommentsPermalink





‘(3) contribute to the mission of the Department of Defense.CommentsClose CommentsPermalink





‘(b) Guidance- The Secretary shall prescribe such guidance as is necessary to ensure compliance with the policy required under subsection (a) and to address any violations of the policy, including, as appropriate, any applicable legal remedies.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 113a the following new item:CommentsClose CommentsPermalink





‘113b. Use of Department of Defense resources.’.CommentsClose CommentsPermalink





(b) Prohibition on Use of Funds- None of the funds authorized to be appropriated in this Act or otherwise available to the Department of Defense may be used--CommentsClose CommentsPermalink





(1) for any activity that does not comply with the policy established under section 113b of title 10, United States Code, as added by subsection (a), including any improper activity involving--CommentsClose CommentsPermalink





(A) transportation or travel (including use of Government vehicles); orCommentsClose CommentsPermalink





(B) Department of Defense information technology resources; orCommentsClose CommentsPermalink





(2) to pay the salary of any employee who engages in an intentional violation of the policy established under such section.CommentsClose CommentsPermalink

SEC. 1063. EXECUTIVE AGENT FOR PREVENTING THE INTRODUCTION OF COUNTERFEIT MICROELECTRONICS INTO THE DEFENSE SUPPLY CHAIN.

(a) Executive Agent- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense to serve as the executive agent for preventing the introduction of counterfeit microelectronics into the defense supply chain.CommentsClose CommentsPermalink





(b) Roles, Responsibilities, and Authorities-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe the roles, responsibilities, and authorities of the executive agent designated under subsection (a).CommentsClose CommentsPermalink





(2) SPECIFICATION- The roles and responsibilities of the executive agent designated under subsection (a) shall include the following:CommentsClose CommentsPermalink





(A) Development and maintenance of a strategy and implementation plan that ensures that the Department of Defense has the ability to identify, mitigate, prevent, and eliminate counterfeit microelectronics from the defense supply chain.CommentsClose CommentsPermalink





(B) Development of recommendations for funding strategies necessary to meet the requirements of the strategy and implementation plan developed under subparagraph (A).CommentsClose CommentsPermalink





(C) Assessments of trends in counterfeit microelectronics, including--CommentsClose CommentsPermalink





(i) an analysis of recent incidents of discovery of counterfeit microelectronics in the defense supply chain, including incidents involving material and service providers;CommentsClose CommentsPermalink





(ii) a projection of future trends in counterfeit microelectronics;CommentsClose CommentsPermalink





(iii) the sufficiency of reporting mechanisms and metrics within the Department of Defense and each component of the Department of Defense;CommentsClose CommentsPermalink





(iv) the economic impact of identifying and remediating counterfeit microelectronics in the defense supply chain; andCommentsClose CommentsPermalink





(v) the impact of counterfeit microelectronics in the defense supply chain on defense readiness.CommentsClose CommentsPermalink





(D) Coordination of planning and activities with interagency and international partners.CommentsClose CommentsPermalink





(E) Development and participation in public-private partnerships to prevent the introduction of counterfeit microelectronics into the supply chain.CommentsClose CommentsPermalink





(F) Such other roles and responsibilities as the Secretary of Defense considers appropriate.CommentsClose CommentsPermalink





(c) Support Within Department of Defense- The Secretary of Defense shall ensure that each component of the Department of Defense provides the executive agent designated under subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agent.CommentsClose CommentsPermalink





(d) Required Actions- The Secretary of Defense shall submit to the congressional defense committees--CommentsClose CommentsPermalink





(1) not later than 180 days after the date of the enactment of this Act, a description of the roles, responsibilities, and authorities of the executive agent prescribed in accordance with subsection (b)(1);CommentsClose CommentsPermalink





(2) not later than 1 year after the date of the enactment of this Act, a strategy for how the Department of Defense will identify, mitigate, prevent, and eliminate counterfeit microelectronics within the defense supply chain; andCommentsClose CommentsPermalink





(3) not later than 18 months after the date of the enactment of this Act, an implementation plan for how the Department of Defense will execute the strategy submitted in accordance with paragraph (2).CommentsClose CommentsPermalink





(e) Definitions- In this section:CommentsClose CommentsPermalink





(1) COUNTERFEIT MICROELECTRONIC- The term ‘counterfeit microelectronic’ means any type of integrated circuit or other microelectronic component that consists of--CommentsClose CommentsPermalink





(A) a substitute or unauthorized copy of a valid product from an original manufacturer;CommentsClose CommentsPermalink





(B) a product in which the materials used or the performance of the product has been changed without notice by a person other than the original manufacturer of the product; orCommentsClose CommentsPermalink





(C) a substandard component misrepresented by the supplier of such component.CommentsClose CommentsPermalink





(2) EXECUTIVE AGENT- The term ‘executive agent’ has the meaning given the term ‘DoD Executive Agent’ in Department of Defense Directive 5101.1, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense.CommentsClose CommentsPermalink

SEC. 1064. SHARED INFORMATION REGARDING TRAINING EXERCISES.

The Secretary of Defense, acting through Joint Task Force North, may share with the Department of Homeland Security and the Department of Justice any data gathered during training exercises.CommentsClose CommentsPermalink

SEC. 1065. SENSE OF CONGRESS REGARDING PRESIDENTIAL LETTERS OF CONDOLENCE TO THE FAMILIES OF MEMBERS OF THE ARMED FORCES WHO HAVE DIED BY SUICIDE.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) suicide is a growing problem in the Armed Forces that cannot be ignored;CommentsClose CommentsPermalink





(2) a record number of military suicides was reported in 2008, with 128 active-duty Army and 48 Marine deaths reported;CommentsClose CommentsPermalink





(3) the number of military suicides during 2009 is expected to equal or exceed the 2008 total;CommentsClose CommentsPermalink





(4) long-standing policy prevents President Obama from sending a condolence letter to the family of a member of the Armed Forces who has died by suicide;CommentsClose CommentsPermalink





(5) members of the Armed Forces sacrifice their physical, mental, and emotional well-being for the freedoms Americans hold dear;CommentsClose CommentsPermalink





(6) the military family also bears the cost of defending the United States, with military spouses and children sacrificing much and standing ready to provide unending support to their spouse or parent who is a member of the Armed Forces;CommentsClose CommentsPermalink





(7) the loss of a member of the Armed Forces to suicide directly and tragically affects military spouses and children, as well as the United States;CommentsClose CommentsPermalink





(8) much more needs to be done to protect and address the mental health needs of members of the Armed Forces, just as they serve to protect and defend the freedoms of the United States;CommentsClose CommentsPermalink





(9) a presidential letter of condolence is not only about the deceased because it also serves as a sign of respect for the grieving family and an acknowledgment of the family for their personal loss; andCommentsClose CommentsPermalink





(10) a lack of acknowledgment and condolence from the President only leaves these families with an emotional vacuum and a feeling that somehow their sacrifices have been less than the sacrifices of others.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the current policy that prohibits sending a presidential letter of condolence to the family of a member of the Armed Forces who has died by suicide only serves to perpetuate the stigma of mental illness that pervades the Armed Forces; andCommentsClose CommentsPermalink





(2) the President, as Commander-in-Chief, should overturn the policy and treat all military families equally.CommentsClose CommentsPermalink

SEC. 1066. FINDINGS AND SENSE OF CONGRESS ON OBESITY AND FEDERAL CHILD NUTRITION PROGRAMS.

(a) Findings- Congress find the following:CommentsClose CommentsPermalink





(1) According to the April 2010 report, ‘Too Fat to Fight’, more than 100 retired generals and admirals wrote that, ‘[o]besity among children and young adults have increased so dramatically that they threaten not only the overall health of America but the future strength of our military.’.CommentsClose CommentsPermalink





(2) Twenty-seven percent, over 9,000,000, 17-24-year-olds in the United States are too fat to serve in the military.CommentsClose CommentsPermalink





(3) Between 1995 and 2008, the military had 140,000 individuals who showed up at the centers for processing but failed their entrance physicals because they were too heavy.CommentsClose CommentsPermalink





(4) Being overweight is now the leading medical reason for rejection from military service.CommentsClose CommentsPermalink





(5) Between 1995 and 2008, the proportion of potential recruits who failed their physicals each year because they were overweight rose nearly 70 percent.CommentsClose CommentsPermalink





(6) The military annually discharges over 1,200 first-term enlistees before their contracts are up because of weight problems.CommentsClose CommentsPermalink





(7) The military must then recruit and train their replacements at a cost of $50,000 for each man or woman.CommentsClose CommentsPermalink





(8) Training replacements for those discharged because of weight problems adds up to more than $60,000,000 annually.CommentsClose CommentsPermalink





(9) Overweight adolescents are more likely to become overweight adults.CommentsClose CommentsPermalink





(10) Overweight adolescents and overweight adults are at risk of developing obesity-related, life-threatening diseases including cancer, type 2 diabetes, stroke, heart disease, arthritis, and breathing problems.CommentsClose CommentsPermalink





(11) According to the American Public Health Association, ‘left unchecked, obesity will add nearly $344 billion to the nations annual health care costs by 2018 and account for more than 21 percent of health care spending’.CommentsClose CommentsPermalink





(12) Overweight and undernourished adolescents face academic challenges due to poor health behaviors, resulting in even greater risk to their future health and earing and the Nation’s economic growth and worldwide competition.CommentsClose CommentsPermalink





(13) For decades military leaders have championed efforts to improve the nutrition of young people in America.CommentsClose CommentsPermalink





(14) During World War II, 40 percent of rejected recruits were turned away because of poor or under nutrition.CommentsClose CommentsPermalink





(15) The preamble to the Richard B. Russell National School Lunch Act (42 U.S.C. 1751) states ‘It is hereby declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants in aid and other means, in providing an adequate supply of food and other facilities for the establishment, maintenance, operation and expansion of nonprofit school lunch programs’.CommentsClose CommentsPermalink





(16) Over 17 million children were food insecure, or hungry, in 2008, according to data collected by the Department of Agriculture.CommentsClose CommentsPermalink





(17) The Federal Child Nutrition Programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) are proven to be effective in combating both hunger and obesity.CommentsClose CommentsPermalink





(18) President Obama has called for a historic investment in the Federal Child Nutrition Programs in order to respond to 2 of the greatest child health challenges of our time, hunger and poor nutrition.CommentsClose CommentsPermalink





(19) Two hundred twenty-one Members of Congress signed a letter to Speaker Pelosi in support of President Obama’s budget request for the Federal Child Nutrition Programs.CommentsClose CommentsPermalink





(20) This same letter requested identification of possible offsets for the new investments in these important anti-hunger and nutrition programs.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) reducing domestic childhood obesity and hunger is a matter of national security;CommentsClose CommentsPermalink





(2) obesity and hunger will continue to negatively impact recruitment for Armed Forces without access to physical activity, healthy food, and proper nutrition;CommentsClose CommentsPermalink





(3) Congress should act to reduce childhood obesity and hunger;CommentsClose CommentsPermalink





(4) the Federal Child Nutrition Programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) should be funded at the President’s request; andCommentsClose CommentsPermalink





(5) the increases in funding for such programs should be properly offset.CommentsClose CommentsPermalink

SEC. 1067. SENSE OF CONGRESS REGARDING RECREATIONAL HUNTING AND FISHING ON MILITARY INSTALLATIONS.

It is the sense of the Congress that--CommentsClose CommentsPermalink





(1) military installations that permit public access for recreational hunting and fishing should continue to permit such hunting and fishing where appropriate;CommentsClose CommentsPermalink





(2) permitting the public to access military installations for recreational hunting and fishing benefits local communities by conserving and promoting the outdoors and establishing positive relations between the civilian and defense sectors;CommentsClose CommentsPermalink





(3) any military installations that make recreational hunting and fishing permits available for purchase should provide a discounted rate for active and retired members of the Armed Forces and veterans with disabilities; andCommentsClose CommentsPermalink





(4) the Department of Defense, all of the service branches, and military installations that permit public access for recreational hunting and fishing should promote access to such installations by making the appropriate accommodations for members of the Armed Forces and veterans with disabilities.CommentsClose CommentsPermalink

SEC. 1068. SENSE OF CONGRESS ENCOURAGING THE PRESIDENT TO ORDER THE UNITED STATES FLAG TO BE FLOWN OVER UNITED STATES MILITARY AND CIVILIAN OUTPOSTS IN HAITI DURING EARTHQUAKE RELIEF EFFORTS.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) On January 12, 2010, the nation of Haiti was hit by a magnitude 7.0 earthquake, adversely affecting nearly 3,000,000 people.CommentsClose CommentsPermalink





(2) The United States has provided millions of dollars in humanitarian assistance to meet immediate needs on the ground and plans to give more over the next year.CommentsClose CommentsPermalink





(3) The Armed Forces have diligently worked to aid the people of Haiti during their time of need, providing humanitarian aid and logistical support.CommentsClose CommentsPermalink





(4) The Armed Forces, civilians, and charitable groups have led the charge in an effort to maintain civility and bring some small semblance of hope to the devastated nation.CommentsClose CommentsPermalink





(5) Members of the Armed Forces serve as the premier ambassadors of liberty, freedom, and goodwill when tasked with a humanitarian mission.CommentsClose CommentsPermalink





(6) The generosity of the people of the United States is known the world over and the United States flag is universally recognized as a symbol of that generosity.CommentsClose CommentsPermalink





(7) The United States has provided more aid to the nation of Haiti than all other nations combined.CommentsClose CommentsPermalink





(b) Sense of Congress- The Congress--CommentsClose CommentsPermalink





(1) commends the Armed Forces for their commitment to completing their humanitarian mission in Haiti; andCommentsClose CommentsPermalink





(2) encourages the President to order the United States flag to be flown over all military and civilian outposts in Haiti under United States jurisdiction.CommentsClose CommentsPermalink

SEC. 1069. STUDY ON OPTIMAL BALANCE OF MANNED AND UNMANNED AERIAL VEHICLE CAPABILITY.

(a) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall commission a study by an independent, non-profit organization on the optimal balance between manned and unmanned aerial vehicle forces of the Armed Forces.CommentsClose CommentsPermalink





(2) SELECTION- The independent, non-profit organization selected for the study under paragraph (1) shall be qualified on the basis of having performed work in the fields of national security and combat systems.CommentsClose CommentsPermalink





(b) Matters Included- The study under subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) With respect to each military department (but in particular the Air Force), an assessment of the feasibility and desirability of a more rapid transition from manned to unmanned vehicles for a range of operations, including combat operations.CommentsClose CommentsPermalink





(2) An evaluation of the current ability of each military department to resist attacks mounted by foreign militaries with significant investments in research and development and deployment of unmanned combat drones, including an assessment of each military department’s ability to defend against--CommentsClose CommentsPermalink





(A) a large enemy force of unmanned aerial vehicles; andCommentsClose CommentsPermalink





(B) any other relevant unmanned scenario the Secretary determines appropriate.CommentsClose CommentsPermalink





(3) An analysis of--CommentsClose CommentsPermalink





(A) current and future capabilities of foreign militaries in developing and deploying unmanned systems; andCommentsClose CommentsPermalink





(B) vulnerabilities to drone systems revealed in past war games and other strategy materials.CommentsClose CommentsPermalink





(4) Conclusions on the matters described in paragraphs (1) through (3) and what the independent, non-profit organization conducting the study determines is the optimal balance of investment in development and deployment of manned versus unmanned platforms.CommentsClose CommentsPermalink





(c) Report- Not later than December 1, 2011, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes the study under subsection (a).CommentsClose CommentsPermalink





(d) Form-CommentsClose CommentsPermalink





(1) STUDY- The study under subsection (a) shall include a classified annex with respect to the matters described in subsection (b)(3).CommentsClose CommentsPermalink





(2) REPORT- The report under subsection (c) may include a classified annex.CommentsClose CommentsPermalink

TITLE XI--CIVILIAN PERSONNEL MATTERSCommentsClose CommentsPermalink

SEC. 1101. AUTHORITY FOR THE DEPARTMENT OF DEFENSE TO APPROVE AN ALTERNATE METHOD OF PROCESSING EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS WITHIN ONE OR MORE COMPONENT ORGANIZATIONS UNDER SPECIFIED CIRCUMSTANCES.

(a) Authority- The Secretary of Defense may implement within one or more of the component organizations of the Department of Defense an alternate program for processing equal employment opportunity complaints.CommentsClose CommentsPermalink





(1) Complaints processed under the alternate program shall be subject to the procedural requirements established for the alternate program and shall not be subject to the procedural requirements of part 1614 of title 29 of the Code of Federal Regulations or other regulations, directives, or regulatory restrictions prescribed by the Equal Employment Opportunity Commission.CommentsClose CommentsPermalink





(2) The alternate program shall include procedures to reduce processing time and eliminate redundancy with respect to processes for the resolution of equal employment opportunity complaints, reinforce local management and chain-of-command accountability, and provide the parties involved with early opportunity for resolution.CommentsClose CommentsPermalink





(3) The Secretary may carry out the alternate program during a 5-year period beginning on the date of the enactment of this Act. Not later than 180 days before the expiration of such period, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate, a recommendation regarding whether the program should be extended for an additional period.CommentsClose CommentsPermalink





(4)(A) Participation in the alternate program shall be voluntary on the part of the complainant. Complainants who participate in the alternate program shall retain the right to appeal a final agency decision to the Equal Employment Opportunity Commission and to file suit in district court. The Equal Employment Opportunity Commission shall not reverse a final agency decision on the grounds that the agency did not comply with the regulatory requirements promulgated by the Commission.CommentsClose CommentsPermalink





(B) Subparagraph (A) shall apply to all cases filed with the Commission after the date of the enactment of this Act and under the alternate program established under this subsection.CommentsClose CommentsPermalink





(C) The Secretary shall consult with the Equal Employment Commission in the development of the alternate program.CommentsClose CommentsPermalink





(b) Evaluation Plan- The Secretary of Defense shall develop an evaluation plan to accurately and reliably assess the results of each alternate program implemented under subsection (a), identifying the key features of the program, including--CommentsClose CommentsPermalink





(1) well-defined, clear, and measurable objectives;CommentsClose CommentsPermalink





(2) measures that are directly linked to the program objectives;CommentsClose CommentsPermalink





(3) criteria for determining the program performance;CommentsClose CommentsPermalink





(4) a way to isolate the effects of the alternate program;CommentsClose CommentsPermalink





(5) a data analysis plan for the evaluation design; andCommentsClose CommentsPermalink





(6) a detailed plan to ensure that data collection, entry, and storage are reliable and error-free.CommentsClose CommentsPermalink





(c) Reports- The Comptroller General shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, two reports on the alternate program.CommentsClose CommentsPermalink





(1) CONTENTS OF REPORTS- Each report shall contain the following:CommentsClose CommentsPermalink





(A) A description of the processes tested by the alternate program.CommentsClose CommentsPermalink





(B) The results of the testing of such processes.CommentsClose CommentsPermalink





(C) Recommendations for changes to the processes for the resolution of equal employment opportunity complaints as a result of the alternate program.CommentsClose CommentsPermalink





(D) A comparison of the processes used, and results obtained, under the alternate program to traditional and alternative dispute resolution processes used in the Government or private industry.CommentsClose CommentsPermalink





(2) DATES OF SUBMISSION- The first of such reports shall be submitted at the end of the 2-year period beginning on the date of the enactment of this Act. The second of such reports shall be submitted at the end of the 4-year period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 1102. CLARIFICATION OF AUTHORITIES AT PERSONNEL DEMONSTRATION LABORATORIES.

(a) Clarification of Applicability of Direct Hire Authority- Section 1108 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4618; 10 U.S.C. 1580 note) is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘identified’ and all that follows and inserting ‘designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2486) as a Department of Defense science and technology reinvention laboratory.’; andCommentsClose CommentsPermalink





(2) in subsection (c), by striking ‘2 percent’ and inserting ‘4 percent’.CommentsClose CommentsPermalink





(b) Clarification of Applicability of Full Implementation Requirement- Section 1107 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat 357; 10 U.S.C. 2358 note) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘that are exempted by’ and all that follows and inserting ‘designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2486) as Department of Defense science and technology reinvention laboratories.’; andCommentsClose CommentsPermalink





(2) in subsection (c), by striking ‘as enumerated in’ and all that follows and inserting ‘designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat 2486) as a Department of Defense science and technology reinvention laboratory.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by subsections (a) and (b) shall take effect as of October 28, 2009.CommentsClose CommentsPermalink

SEC. 1103. SPECIAL RULE RELATING TO CERTAIN OVERTIME PAY.

(a) In General- Section 5542(a) of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(6)(A) Notwithstanding paragraphs (1) and (2), for an employee who is described in subparagraph (B), and whose rate of basic pay exceeds the minimum rate for GS-10, the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee, and all that amount is premium pay.CommentsClose CommentsPermalink





‘(B) This paragraph applies in the case of an employee of the Department of the Navy--CommentsClose CommentsPermalink





‘(i) who is performing work aboard or in support of the U.S.S. GEORGE WASHINGTON while that vessel is forward deployed in Japan; andCommentsClose CommentsPermalink





‘(ii) as to whom the application of this paragraph is necessary (as determined under regulations prescribed by the Secretary of the Navy)--CommentsClose CommentsPermalink





‘(I) in order to ensure equal treatment with employees performing similar work in the United States;CommentsClose CommentsPermalink





‘(II) in order to secure the services of qualified employees; orCommentsClose CommentsPermalink





‘(III) for such other reasons as may be set forth in such regulations.’.CommentsClose CommentsPermalink





(b) Reporting Requirement- Within 1 year after date of enactment of this Act, the Secretary of the Navy shall submit to the Secretary of Defense and the Director of the Office of Personnel Management a report that addresses the use of paragraph (6) of section 5542(a) of title 5, United States Code, as added by subsection (a), including associated costs.CommentsClose CommentsPermalink

SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.

Effective January 1, 2011, section 1101(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615), as amended by section 1106(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2487), is amended by striking ‘calendar years 2009 and 2010’ and inserting ‘calendar years 2011 and 2012’.CommentsClose CommentsPermalink

SEC. 1105. WAIVER OF CERTAIN PAY LIMITATIONS.

Section 9903(d) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





‘(2) An employee appointed under this section is not eligible for any bonus, monetary award, or other monetary incentive for service, except for--CommentsClose CommentsPermalink





‘(A) payments authorized under this section; andCommentsClose CommentsPermalink





‘(B) in the case of an employee who is assigned in support of a contingency operation (as defined in section 101(a)(13) of title 10), allowances and any other payments authorized under chapter 59.’; andCommentsClose CommentsPermalink





(2) in paragraph (3), by adding at the end the following: ‘In computing an employee’s total annual compensation for purposes of the preceding sentence, any payment referred to in paragraph (2)(B) shall be excluded.’.CommentsClose CommentsPermalink

SEC. 1106. SERVICES OF POST-COMBAT CASE COORDINATORS.

(a) In General- Chapter 79 of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 7906. Services of post-combat case coordinators

‘(a) Definitions- For purposes of this section--CommentsClose CommentsPermalink





‘(1) the terms ‘employee’, ‘agency’, ‘injury’, ‘war-risk hazard’, and ‘hostile force or individual’ have the meanings given those terms in section 8101; andCommentsClose CommentsPermalink





‘(2) the term ‘qualified employee’ means an employee as described in subsection (b).CommentsClose CommentsPermalink





‘(b) Requirement- The head of each agency shall, in a manner consistent with the guidelines prescribed under subsection (c), provide for the assignment of a post-combat case coordinator in the case of any employee of such agency who suffers an injury or disability incurred, or an illness contracted, while in the performance of such employee’s duties, as a result of a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual.CommentsClose CommentsPermalink





‘(c) Guidelines- The Office of Personnel Management shall, after such consultation as the Office considers appropriate, prescribe guidelines for the operation of this section. Under the guidelines, the responsibilities of a post-combat case coordinator shall include--CommentsClose CommentsPermalink





‘(1) acting as the main point of contact for qualified employees seeking administrative guidance or assistance relating to benefits under chapter 81 or 89;CommentsClose CommentsPermalink





‘(2) assisting qualified employees in the collection of documentation or other supporting evidence for the expeditious processing of claims under chapter 81 or 89;CommentsClose CommentsPermalink





‘(3) assisting qualified employees in connection with the receipt of prescribed medical care and the coordination of benefits under chapter 81 or 89;CommentsClose CommentsPermalink





‘(4) resolving problems relating to the receipt of benefits under chapter 81 or 89; andCommentsClose CommentsPermalink





‘(5) ensuring that qualified employees are properly screened and receive appropriate treatment--CommentsClose CommentsPermalink





‘(A) for post-traumatic stress disorder or other similar disorder stemming from combat trauma; orCommentsClose CommentsPermalink





‘(B) for suicidal or homicidal thoughts or behaviors.CommentsClose CommentsPermalink





‘(d) Duration- The services of a post-combat case coordinator shall remain available to a qualified employee until--CommentsClose CommentsPermalink





‘(1) such employee accepts or declines a reasonable offer of employment in a position in the employee’s agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level) before the occurrence or onset of the injury, disability, or illness (as referred to in subsection (a)), and which is within the employee’s commuting area; orCommentsClose CommentsPermalink





‘(2) such employee gives written notice, in such manner as the employing agency prescribes, that those services are no longer desired or necessary.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 79 of title 5, United States Code, is amended by adding after the item relating to section 7905 the following:CommentsClose CommentsPermalink





‘7906. Services of post-combat case coordinators.’.CommentsClose CommentsPermalink

SEC. 1107. AUTHORITY TO WAIVE MAXIMUM AGE LIMIT FOR CERTAIN APPOINTMENTS.

Section 3307(e) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘(e) The’ and inserting ‘(e)(1) Except as provided in paragraph (2), the’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2)(A) In the case of the conversion of an agency function from performance by a contractor to performance by an employee of the agency, the head of the agency may waive any maximum limit of age, determined or fixed for positions within such agency under paragraph (1), if necessary in order to promote the recruitment or appointment of experienced personnel.CommentsClose CommentsPermalink





‘(B) For purposes of this paragraph--CommentsClose CommentsPermalink





‘(i) the term ‘agency’ means the Department of Defense or a military department; andCommentsClose CommentsPermalink





‘(ii) the term ‘head of the agency’ means the Secretary of Defense or the Secretary of a military department.’.CommentsClose CommentsPermalink

SEC. 1108. SENSE OF CONGRESS REGARDING WAIVER OF RECOVERY OF CERTAIN PAYMENTS MADE UNDER CIVILIAN EMPLOYEES VOLUNTARY SEPARATION INCENTIVE PROGRAM.

(a) Congressional Finding- Congress finds that employees and former employees of the Department of Defense described in subsection (c) provided a valuable service to such Department in response to the national emergency declared in the aftermath of the attacks of September 11, 2001.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) employees and former employees of the Department of Defense described in subsection (c) deserve to retain or to be repaid their voluntary separation incentive payment pursuant to section 9902 of title 5, United States Code;CommentsClose CommentsPermalink





(2) recovery of the amount of the payment referred to in section 9902 of title 5, United States Code, would be against equity and good conscience and contrary to the best interests of the United States;CommentsClose CommentsPermalink





(3) the Secretary of Defense should waive the requirement under subsection (f)(6)(B) of section 9902 of title 5, United States Code, for repayment to the Department of Defense of a voluntary separation incentive payment made under subsection (f)(1) of such section 9902 in the case of an employee or former employee of the Department of Defense described in subsection (c); andCommentsClose CommentsPermalink





(4) a person who has repaid to the United States all or part of the voluntary separation incentive payment for which repayment is waived under this section may receive a refund of the amount previously repaid to the United States.CommentsClose CommentsPermalink





(c) Persons Covered- Subsection (a) applies to any employee or former employee of the Department of Defense who--CommentsClose CommentsPermalink





(1) during the period beginning on April 1, 2004, and ending on May 1, 2008, received a voluntary separation incentive payment under section 9902(f)(1) of title 5, United States Code;CommentsClose CommentsPermalink





(2) was reappointed to a position in the Department of Defense during the period beginning on June 1, 2004, and ending on May 1, 2008; andCommentsClose CommentsPermalink





(3) received a written representation from an officer or employee of the Department of Defense, before accepting the reappointment referred to in paragraph (2), that recovery of the amount of the payment referred to in paragraph (1) would not be required or would be waived, and reasonably relied on that representation in accepting reappointment.CommentsClose CommentsPermalink

SEC. 1109. SUSPENSION OF DCIPS PAY AUTHORITY EXTENDED FOR A YEAR.

Section 1114(a) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 1601 note) is amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’.CommentsClose CommentsPermalink

SEC. 1110. FEDERAL INTERNSHIP PROGRAMS.

(a) In General- Subchapter I of chapter 31 of title 5, United States Code, is amended by inserting after section 3111 the following:CommentsClose CommentsPermalink

‘Sec. 3111a. Federal internship programs

‘(a) Internship Coordinator- The head of each agency operating an internship program shall appoint an individual within such agency to serve as an internship coordinator.CommentsClose CommentsPermalink





‘(b) Online Information-CommentsClose CommentsPermalink





‘(1) AGENCIES- The head of each agency operating an internship program shall make publicly available on the Internet--CommentsClose CommentsPermalink





‘(A) the name and contact information of the internship coordinator for such program; andCommentsClose CommentsPermalink





‘(B) information regarding application procedures and deadlines for such internship program.CommentsClose CommentsPermalink





‘(2) OFFICE OF PERSONNEL MANAGEMENT- The Office of Personnel Management shall make publicly available on the Internet links to the websites where the information described in paragraph (1) is displayed.CommentsClose CommentsPermalink





‘(c) Centralized Database- The Office shall establish and maintain a centralized electronic database that contains the names, contact information, and relevant skills of individuals who have completed or are nearing completion of an internship program and are currently seeking full-time Federal employment.CommentsClose CommentsPermalink





‘(d) Exit Interview Requirement- The agency operating an internship program shall conduct an exit interview of each intern that completes such program.CommentsClose CommentsPermalink





‘(e) Report-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The head of each agency operating an internship program shall annually submit to the Office a report assessing such internship program.CommentsClose CommentsPermalink





‘(2) CONTENTS- Each report required under paragraph (1) for an agency shall include, for the 1-year period ending on September 1 of the year in which the report is submitted--CommentsClose CommentsPermalink





‘(A) the number of interns that participated in an internship program at such agency;CommentsClose CommentsPermalink





‘(B) information regarding the demographic characteristics of interns at such agency, including educational background;CommentsClose CommentsPermalink





‘(C) a description of the steps taken by such agency to increase the percentage of interns who are offered permanent Federal jobs and the percentage of interns who accept the offers of such jobs, and any barriers encountered;CommentsClose CommentsPermalink





‘(D) a description of activities engaged in by such agency to recruit new interns, including locations and methods;CommentsClose CommentsPermalink





‘(E) a description of the diversity of work roles offered within internship programs at such agency;CommentsClose CommentsPermalink





‘(F) a description of the mentorship portion of such internship programs; andCommentsClose CommentsPermalink





‘(G) a summary of exit interviews conducted by such agency upon completion of an internship program by an intern.CommentsClose CommentsPermalink





‘(3) SUBMISSION- Each report required under paragraph (1) shall be submitted to the Office between September 1 and September 30 of each year. Not later than December 30 of each year, the Office shall submit to Congress a report summarizing the information submitted to the Office in accordance with paragraph (1) for such year.CommentsClose CommentsPermalink





‘(f) Definitions- For purposes of this section--CommentsClose CommentsPermalink





‘(1) the term ‘internship program’ means--CommentsClose CommentsPermalink





‘(A) a volunteer service program under section 3111(b); andCommentsClose CommentsPermalink





‘(B) the Student Educational Employment Program established under section 213.3202 of title 5, Code of Federal Regulations, as in effect on January 1, 2009;CommentsClose CommentsPermalink





‘(2) the term ‘intern’ means an individual serving in an internship program.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 31 of title 5, United States Code, is amended by inserting after the item relating to section 3111 the following:CommentsClose CommentsPermalink





‘3111a. Federal internship programs.’.CommentsClose CommentsPermalink

TITLE XII--MATTERS RELATING TO FOREIGN NATIONSCommentsClose CommentsPermalink

Subtitle A--Assistance and TrainingCommentsClose CommentsPermalink

SEC. 1201. EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.

(a) In General- Section 1208(a) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086), as most recently amended by section 1202(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2511), is further amended by striking ‘$40,000,000’ and inserting ‘$50,000,000’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2010.CommentsClose CommentsPermalink

SEC. 1202. ADDITION OF ALLIED GOVERNMENT AGENCIES TO ENHANCED LOGISTICS INTEROPERABILITY AUTHORITY.

(a) Enhanced Interoperability Authority- Subsection (a) of section 127d of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(1)’ before ‘Subject to’;CommentsClose CommentsPermalink





(2) by inserting ‘of the United States’ after ‘armed forces’;CommentsClose CommentsPermalink





(3) by striking the second sentence; andCommentsClose CommentsPermalink





(4) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(2) In addition to any logistic support, supplies, and services provided under paragraph (1), the Secretary may provide logistic support, supplies, and services to allied forces solely for the purpose of enhancing the interoperability of the logistical support systems of military forces participating in combined operations with the United States in order to facilitate such operations. Such logistic support, supplies, and services may also be provided under this paragraph to a nonmilitary logistics, security, or similar agency of an allied government if such provision would directly benefit the armed forces of the United States.CommentsClose CommentsPermalink





‘(3) Provision of support, supplies, and services pursuant to paragraph (1) or (2) may be made only with the concurrence of the Secretary of State.’.CommentsClose CommentsPermalink





(b) Conforming Amendments- Such section is further amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘subsection (a)’ in paragraphs (1) and (2) and inserting ‘subsection (a)(1)’; andCommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘Except as provided in paragraph (2), the’ and inserting ‘The’; andCommentsClose CommentsPermalink





(ii) by striking ‘this section’ and inserting ‘subsection (a)(1)’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘In addition’ and all that follows through ‘fiscal year,’ and inserting ‘The value of the logistic support, supplies, and services provided under subsection (a)(2) in any fiscal year may not’.CommentsClose CommentsPermalink

SEC. 1203. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

(a) Annual Funding Limitation- Subsection (c)(1) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended by section 1206(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4625), is further amended by striking ‘$350,000,000’ and inserting ‘$500,000,000’.CommentsClose CommentsPermalink





(b) Temporary Limitation on Amount for Building Capacity to Participate in or Support Military and Stability Operations-CommentsClose CommentsPermalink





(1) IN GENERAL- Subsection (c)(5) of such section is amended--CommentsClose CommentsPermalink





(A) by striking ‘and not more than’ and inserting ‘not more than’; andCommentsClose CommentsPermalink





(B) by inserting after ‘fiscal year 2011’ the following: ‘, and not more than $100,000,000 may be used during fiscal year 2012’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on October 1, 2010, and shall apply with respect to programs under subsection (a) of such section that begin on or after that date.CommentsClose CommentsPermalink





(c) Temporary Authority to Build the Capacity of Yemen’s Counter-terrorism Forces- Such section is further amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (g) as subsection (h); andCommentsClose CommentsPermalink





(2) by inserting after subsection (f) the following:CommentsClose CommentsPermalink





‘(g) Temporary Authority to Build the Capacity of Yemen’s Counter-terrorism Forces-CommentsClose CommentsPermalink





‘(1) AUTHORITY OF SECRETARY OF STATE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Of the funds made available under subsection (c) for the authority of subsection (a) for fiscal year 2011, the Secretary of Defense shall transfer to the Secretary of State $75,000,000 of such funds for purposes of providing assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763) to build the capacity of the counter-terrorism forces of the Yemeni Ministry of Interior.CommentsClose CommentsPermalink





‘(B) CERTIFICATION- The Secretary of Defense may transfer funds pursuant to subparagraph (A) only if, not later than July 31, 2011, the Secretary of State certifies to the Secretary of Defense and the congressional committees specified in subsection (e)(3) that the Secretary of State is able to effectively carry out the purpose of subparagraph (A).CommentsClose CommentsPermalink





‘(C) AVAILABILITY OF FUNDS- Amounts available under this paragraph for the authority of subparagraph (A) for fiscal year 2011 may be used to conduct or support a program or programs under that authority that begin in fiscal year 2011 but end in fiscal year 2012.CommentsClose CommentsPermalink





‘(2) AUTHORITY OF SECRETARY OF DEFENSE- If a certification described in paragraph (1)(B) is not made by July 31, 2011, the Secretary of Defense may, with the concurrence of the Secretary of State, use up to $75,000,000 of the funds made available under subsection (c) for the authority of subsection (a) for fiscal year 2011 to conduct or support a program or programs under the authority of subsection (a) to build the capacity of the counter-terrorism forces of the Yemeni Ministry of Interior.CommentsClose CommentsPermalink





‘(3) CONGRESSIONAL NOTIFICATION-CommentsClose CommentsPermalink





‘(A) BY SECRETARY OF STATE- The Secretary of State shall notify the congressional committees specified in subsection (e)(3) whenever the Secretary of State makes a certification under paragraph (1)(B) for purposes of exercising the authority of paragraph (1).CommentsClose CommentsPermalink





‘(B) BY SECRETARY OF DEFENSE- The Secretary of Defense shall notify the congressional committees specified in subsection (e)(3) whenever the Secretary of Defense exercises the authority of paragraph (2) to support or conduct a program or programs described in paragraph (2).CommentsClose CommentsPermalink





‘(C) CONTENTS- A notification under subparagraph (A) or (B) shall include a description of the program or programs to be conducted or supported under the authority of this subsection.’.CommentsClose CommentsPermalink





(d) One-year Extension of Authority- Subsection (h) of such section, as most recently amended by section 1206(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4625) and redesignated by subsection (c) of this section, is further amended by--CommentsClose CommentsPermalink





(1) by striking ‘September 30, 2011’ and inserting ‘September 30, 2012’; andCommentsClose CommentsPermalink





(2) by striking ‘fiscal years 2006 through 2011’ and inserting ‘fiscal years 2006 through 2012’.CommentsClose CommentsPermalink

SEC. 1204. AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP FOR PEACE NATIONS TO PARTICIPATE IN THE EURO-NATO JOINT JET PILOT TRAINING PROGRAM.

(a) Establishment of Scholarship Program- The Secretary of the Air Force shall establish and maintain a demonstration scholarship program to allow personnel of the air forces of countries that are signatories of the Partnership for Peace Framework Document to receive undergraduate pilot training and necessary related training through the Euro-NATO Joint Jet Pilot Training (ENJJPT) program. The Secretary of the Air Force shall establish the program pursuant to regulations prescribed by the Secretary of Defense in consultation with the Secretary of State.CommentsClose CommentsPermalink





(b) Transportation, Supplies, and Allowance- Under such conditions as the Secretary of the Air Force may prescribe, the Secretary may provide to a person receiving a scholarship under the scholarship program--CommentsClose CommentsPermalink





(1) transportation incident to the training received under the ENJJPT program;CommentsClose CommentsPermalink





(2) supplies and equipment to be used during the training;CommentsClose CommentsPermalink





(3) flight clothing and other special clothing required for the training;CommentsClose CommentsPermalink





(4) billeting, food, and health services; andCommentsClose CommentsPermalink





(5) a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances.CommentsClose CommentsPermalink





(c) Relation to Euro-NATO Joint Jet Pilot Training Program-CommentsClose CommentsPermalink





(1) ENJJPT STEERING COMMITTEE AUTHORITY- Nothing in this section shall be construed or interpreted to supersede the authority of the ENJJPT Steering Committee under the ENJJPT Memorandum of Understanding. Pursuant to the ENJJPT Memorandum of Understanding, the ENJJPT Steering Committee may resolve to forbid any airman or airmen from a Partnership for Peace nation to participate in the Euro-NATO Joint Jet Pilot Training program under the authority of a scholarship under this section.CommentsClose CommentsPermalink





(2) NO REPRESENTATION- Countries whose air force personnel receive scholarships under the scholarship program shall not have privilege of ENJJPT Steering Committee representation.CommentsClose CommentsPermalink





(d) Limitation on Eligible Countries- The Secretary of the Air Force may not use the authority in subsection (a) to provide assistance described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other provision of law.CommentsClose CommentsPermalink





(e) Cost-sharing- For purposes of ENJJPT cost-sharing, personnel of an air force of a foreign country who receive a scholarship under the scholarship program may be counted as United States pilots.CommentsClose CommentsPermalink





(f) Progress Report- Not later than February 1, 2015, the Secretary of the Air Force shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the status of the demonstration program, including the opinion of the Secretary and NATO allies on the benefits of the program and whether or not to permanently authorize the program or extend the program beyond fiscal year 2015. The report shall specify the following:CommentsClose CommentsPermalink





(1) The countries participating in the scholarship program.CommentsClose CommentsPermalink





(2) The total number of foreign pilots who received scholarships under the scholarship program.CommentsClose CommentsPermalink





(3) The amount expended on scholarships under the scholarship program.CommentsClose CommentsPermalink





(4) The source of funding for scholarships under the scholarship program.CommentsClose CommentsPermalink





(g) Duration- No scholarship may be awarded under the scholarship program after September 30, 2015.CommentsClose CommentsPermalink





(h) Funding Source- Amounts to award scholarships under the scholarship program shall be derived from amounts authorized to be appropriated for operation and maintenance for the Air Force.CommentsClose CommentsPermalink

Subtitle B--Matters Relating to Iraq, Afghanistan, and PakistanCommentsClose CommentsPermalink

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES RELATING TO IRAQ.

No funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for a purpose as follows:CommentsClose CommentsPermalink





(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.CommentsClose CommentsPermalink





(2) To exercise United States control of the oil resources of Iraq.CommentsClose CommentsPermalink

SEC. 1212. COMMANDERS’ EMERGENCY RESPONSE PROGRAM.

(a) Authority for Fiscal Year 2011- During fiscal year 2011, from funds made available to the Department of Defense for operation and maintenance for such fiscal year--CommentsClose CommentsPermalink





(1) not to exceed $100,000,000 may be used by the Secretary of Defense in such fiscal year to provide funds for the Commanders’ Emergency Response Program in Iraq; andCommentsClose CommentsPermalink





(2) not to exceed $800,000,000 may be used by the Secretary of Defense in such fiscal year to provide funds for the Commanders’ Emergency Response Program in Afghanistan.CommentsClose CommentsPermalink





(b) Quarterly Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the end of each fiscal-year quarter of fiscal year 2011, the Secretary of Defense shall submit to the congressional defense committees a report regarding the Commanders’ Emergency Response Program.CommentsClose CommentsPermalink





(2) MATTERS TO BE INCLUDED- The report required under paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) The allocation and use of funds under the Commanders’ Emergency Response Program or any other provision of law making funding available for the Commanders’ Emergency Response Program during the fiscal-year quarter.CommentsClose CommentsPermalink





(B) The dates of obligation and expenditure of such funds during the fiscal-year quarter.CommentsClose CommentsPermalink





(C) A description of each project for which amounts in excess of $500,000 were obligated or expended during the fiscal-year quarter.CommentsClose CommentsPermalink





(D) The dates of obligation and expenditure of funds under the Commanders’ Emergency Response Program or any other provision of law making funding available for the Commanders’ Emergency Response Program for each of fiscal years 2004 through 2010.CommentsClose CommentsPermalink





(3) MATTERS TO BE INCLUDED WITH RESPECT TO COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ- The report required under paragraph (1) shall include the following with respect to the Commanders’ Emergency Response Program in Iraq:CommentsClose CommentsPermalink





(A) A written statement by the Secretary of Defense, or the Deputy Secretary of Defense if the authority under subsection (f) is delegated to the Deputy Secretary of Defense, affirming that the certification required under subsection (f) was issued for each project for which amounts in excess of $1,000,000 were obligated or expended during the fiscal-year quarter.CommentsClose CommentsPermalink





(B) For each project listed in subparagraph (A), the following information:CommentsClose CommentsPermalink





(i) A description and justification for carrying out the project.CommentsClose CommentsPermalink





(ii) A description of the extent of involvement by the Government of Iraq in the project, including--CommentsClose CommentsPermalink





(I) the amount of funds provided by the Government of Iraq for the project; andCommentsClose CommentsPermalink





(II) a description of the plan for the transition of such project upon completion to the people of Iraq and for the sustainment of any completed facilities, including any commitments by the Government of Iraq to sustain projects requiring the support of the Government of Iraq for sustainment.CommentsClose CommentsPermalink





(iii) A description of the current status of the project, including, where appropriate, the projected completion date.CommentsClose CommentsPermalink





(C) A description of the status of transitioning activities to the Government of Iraq, including--CommentsClose CommentsPermalink





(i) the level of funding provided and expended by the Government of Iraq in programs designed to meet urgent humanitarian relief and reconstruction requirements that immediately assist the Iraqi people; andCommentsClose CommentsPermalink





(ii) a description of the progress made in transitioning the responsibility for the Sons of Iraq Program to the Government of Iraq.CommentsClose CommentsPermalink





(c) Submission of Guidance-CommentsClose CommentsPermalink





(1) INITIAL SUBMISSION- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a copy of the guidance issued by the Secretary to the Armed Forces concerning the allocation of funds through the Commanders’ Emergency Response Program.CommentsClose CommentsPermalink





(2) MODIFICATIONS- If the guidance in effect for the purpose stated in paragraph (1) is modified, the Secretary shall submit to the congressional defense committees a copy of the modification not later than 15 days after the date on which the Secretary makes the modification.CommentsClose CommentsPermalink





(d) Waiver Authority- For purposes of exercising the authority provided by this section or any other provision of law making funding available for the Commanders’ Emergency Response Program, the Secretary of Defense may waive any provision of law not contained in this section that would (but for the waiver) prohibit, restrict, limit, or otherwise constrain the exercise of that authority.CommentsClose CommentsPermalink





(e) Prohibition on Certain Projects Under Commanders’ Emergency Response Program in Iraq-CommentsClose CommentsPermalink





(1) PROHIBITION- Except as provided in paragraph (2), funds made available under this section for the Commanders’ Emergency Response Program in Iraq may not be obligated or expended to carry out any project if the total amount of such funds made available for the purpose of carrying out the project exceeds $2,000,000.CommentsClose CommentsPermalink





(2) EXCEPTION- The prohibition contained in paragraph (1) shall not apply with respect to funds managed or controlled by the Department of Defense that were otherwise provided by another department or agency of the United States Government, the Government of Iraq, the government of a foreign country, a foundation or other charitable organization (including a foundation or charitable organization that is organized or operates under the laws of a foreign country), or any source in the private sector of the United States or a foreign country.CommentsClose CommentsPermalink





(3) WAIVER- The Secretary of Defense may waive the prohibition contained in paragraph (1) if the Secretary--CommentsClose CommentsPermalink





(A) determines that such a waiver is required to meet urgent humanitarian relief and reconstruction requirements that will immediately assist the Iraqi people; andCommentsClose CommentsPermalink





(B) submits in writing, within 15 days of issuing such waiver, to the congressional defense committees a notification of the waiver, together with a discussion of--CommentsClose CommentsPermalink





(i) the unmet and urgent needs to be addressed by the project; andCommentsClose CommentsPermalink





(ii) any arrangements between the Government of the United States and the Government of Iraq regarding the provision of Iraqi funds for carrying out and sustaining the project.CommentsClose CommentsPermalink





(f) Certification of Certain Projects Under the Commanders’ Emergency Response Program in Iraq-CommentsClose CommentsPermalink





(1) CERTIFICATION- Funds made available under this section for the Commanders’ Emergency Response Program in Iraq may not be obligated or expended to carry out any project if the total amount of such funds made available for the purpose of carrying out the project exceeds $1,000,000 unless the Secretary of Defense certifies that the project addresses urgent humanitarian relief and reconstruction requirements that will immediately assist the Iraqi people.CommentsClose CommentsPermalink





(2) DELEGATION- The Secretary may delegate the authority under paragraph (1) to the Deputy Secretary of Defense.CommentsClose CommentsPermalink





(g) Definitions- In this section--CommentsClose CommentsPermalink





(1) the term ‘Commanders’ Emergency Response Program’ means--CommentsClose CommentsPermalink





(A) with respect to Iraq, the program established by the Administrator of the Coalition Provisional Authority for the purpose of enabling United States military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi people; andCommentsClose CommentsPermalink





(B) with respect to Afghanistan, the program established for Afghanistan for purposes similar to the program established for Iraq, as described in subparagraph (A);CommentsClose CommentsPermalink





(2) the term ‘Commanders’ Emergency Response Program in Iraq’ means the program described in paragraph (1)(A); andCommentsClose CommentsPermalink





(3) the term ‘Commanders’ Emergency Response Program in Afghanistan’ means the program described in paragraph (1)(B).CommentsClose CommentsPermalink

SEC. 1213. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT TO CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS.

(a) Extension of Authority- Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393), as amended by section 1223 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2519), is further amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by striking ‘2010’ and inserting ‘2011’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) Logistical and military support provided by that nation to confront the threat posed by al’Qaida, the Taliban, and other militant extremists in Pakistan.’.CommentsClose CommentsPermalink





(b) Limitation on Amount- Subsection (d)(1) of such section is amended by striking ‘2010’ and inserting ‘2011’.CommentsClose CommentsPermalink

SEC. 1214. MODIFICATION OF REPORT ON RESPONSIBLE REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ.

(a) Report Required- Subsection (a) of section 1227 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2525; 50 U.S.C. 1541 note) is amended--CommentsClose CommentsPermalink





(1) by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’; andCommentsClose CommentsPermalink





(2) by striking ‘90 days thereafter’ and inserting ‘180 days thereafter’.CommentsClose CommentsPermalink





(b) Elements- Subsection (b) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (5), by striking ‘Multi-National Force-Iraq’ each place it occurs and inserting ‘United States Forces-Iraq’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(6) An assessment of progress to transfer responsibility of programs, projects, and activities carried out in Iraq by the Department of Defense to other United States Government departments and agencies, international or nongovernmental entities, or the Government of Iraq. The assessment should include a description of the numbers and categories of programs, projects, and activities for which such other entities have taken responsibility or which have been discontinued by the Department of Defense. The assessment should also include a discussion of any difficulties or barriers in transitioning such programs, projects, and activities and what, if any, solutions have been developed to address such difficulties or barriers.CommentsClose CommentsPermalink





‘(7) An assessment of progress toward the goal of establishing those minimum essential capabilities determined by the Secretary of Defense as necessary to allow the Government of Iraq to provide for its own internal and external defense, including a description of--CommentsClose CommentsPermalink





‘(A) such capabilities both extant and remaining to be developed;CommentsClose CommentsPermalink





‘(B) major military equipment necessary to achieve such capabilities;CommentsClose CommentsPermalink





‘(C) the level and type of support provided by the United States to address shortfalls in such capabilities; andCommentsClose CommentsPermalink





‘(D) the level of commitment, both financial and political, made by the Government of Iraq to develop such capabilities, including a discussion of resources used by the Government of Iraq to develop capabilities that the Secretary determines are not minimum essential capabilities for purposes of this paragraph.CommentsClose CommentsPermalink





‘(8) An assessment of the anticipated level and type of support to be provided by United States special operations forces to the Government of Iraq and Iraqi special operations forces during the redeployment of United States conventional forces from Iraq. The assessment should include a listing of anticipated organic support, organic combat service support, and additional critical enabling asset requirements for United States special operations forces and Iraqi special operations forces, to include engineers, rotary aircraft, logisticians, communications assets, information support specialists, forensic analysts, and intelligence, surveillance, and reconnaissance assets needed through December 31, 2011.’.CommentsClose CommentsPermalink





(c) Secretary of State Comments- Such section is further amended by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Secretary of State Comments- Prior to submitting the report required under subsection (a), the Secretary of Defense shall provide a copy of the report to the Secretary of State for review. At the request of the Secretary of State, the Secretary of Defense shall include an appendix to the report which contains any comments or additional information that the Secretary of State requests.’.CommentsClose CommentsPermalink





(d) Form- Subsection (d) of such section is amended by striking ‘, whether or not included in another report on Iraq submitted to Congress by the Secretary of Defense,’.CommentsClose CommentsPermalink





(e) Termination- Such section is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Termination- The requirement to submit the report required under subsection (a) shall terminate on September 30, 2012.’.CommentsClose CommentsPermalink





(f) Repeal of Other Reporting Requirements- The following provisions of law are hereby repealed:CommentsClose CommentsPermalink





(1) Section 1227 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465; 50 U.S.C. 1541 note) (as amended by section 1223 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 373)).CommentsClose CommentsPermalink





(2) Section 1225 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 375).CommentsClose CommentsPermalink

SEC. 1215. MODIFICATION OF REPORTS RELATING TO AFGHANISTAN.

(a) Report on Progress Toward Security and Stability in Afghanistan-CommentsClose CommentsPermalink





(1) REPORT REQUIRED- Subsection (a) of section 1230 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385), as amended by section 1236 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2535), is further amended by striking ‘2011’ and inserting ‘2012’.CommentsClose CommentsPermalink





(2) MATTERS TO BE INCLUDED: STRATEGIC DIRECTION OF UNITED STATES ACTIVITIES RELATING TO SECURITY AND STABILITY IN AFGHANISTAN- Subsection (c) of such section is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(8) CONDITIONS NECESSARY FOR ACHIEVEMENT OF PROGRESS- A discussion of the conditions and criteria that would need to exist in key districts and across Afghanistan to--CommentsClose CommentsPermalink





‘(A) meet United States and coalition goals in Afghanistan and the region;CommentsClose CommentsPermalink





‘(B) permit the transition of lead security responsibility in key districts to the Government of Afghanistan; andCommentsClose CommentsPermalink





‘(C) permit the redeployment of United States Armed Forces and coalition forces from Afghanistan.’.CommentsClose CommentsPermalink





(3) MATTERS TO BE INCLUDED: PERFORMANCE INDICATORS AND MEASURES OF PROGRESS TOWARD SUSTAINABLE LONG-TERM SECURITY AND STABILITY IN AFGHANISTAN- Subsection (d) of such section is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(3) CONDITIONS NECESSARY FOR ACHIEVEMENT OF PROGRESS- With respect to each performance indicator and measure of progress specified in paragraph (2) (A) through (L), the report shall include a description of the conditions that would need to exist in Afghanistan for the Secretary of Defense to conclude that such indicator or measure of progress has been achieved.’.CommentsClose CommentsPermalink





(b) United States Plan for Sustaining the Afghanistan National Security Forces- Section 1231(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 390) is amended by striking ‘2010’ and inserting ‘2012’.CommentsClose CommentsPermalink

SEC. 1216. NO PERMANENT MILITARY BASES IN AFGHANISTAN.

None of the funds authorized to be appropriated by this Act may be obligated or expended by the United States Government to establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan.CommentsClose CommentsPermalink

SEC. 1217. AUTHORITY TO USE FUNDS FOR REINTEGRATION ACTIVITIES IN AFGHANISTAN.

(a) Authority- If a certification described in subsection (b) is made in accordance with such subsection, the Secretary of Defense may utilize not more than $50,000,000 from funds made available to the Department of Defense for operations and maintenance for fiscal year 2011 to support in those areas of Afghanistan specified in the certification the reintegration into Afghan society of those individuals who--CommentsClose CommentsPermalink





(1) have ceased all support to the insurgency in Afghanistan;CommentsClose CommentsPermalink





(2) have agreed to live in accordance with the Constitution of Afghanistan;CommentsClose CommentsPermalink





(3) have renounced violence against the Government of Afghanistan and its international partners; andCommentsClose CommentsPermalink





(4) do not have material ties to al Qaeda or affiliated transnational terrorist organizations.CommentsClose CommentsPermalink





(b) Certification- A certification described in this subsection is a certification made by the Secretary of State, in coordination with the Administrator of United States Agency for International Development, to the appropriate congressional committees stating that it is necessary for the Department of Defense to carry out a program of reintegration in areas of Afghanistan that are specified by the Secretary of State in the certification. Such certification shall include--CommentsClose CommentsPermalink





(1) a statement that such program is necessary to support the goals of the United States in Afghanistan; andCommentsClose CommentsPermalink





(2) a certification that the Department of State and the United States Agency for International Development are unable to carry out a similar program of reintegration in the areas specified by the Secretary of State because of the security environment of such areas or for other reasons.CommentsClose CommentsPermalink





(c) Submission of Guidance-CommentsClose CommentsPermalink





(1) INITIAL SUBMISSION- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a copy of the guidance issued by the Secretary or the Secretary’s designee concerning the allocation of funds utilizing the authority of subsection (a). Such guidance shall include--CommentsClose CommentsPermalink





(A) mechanisms for coordination with the Government of Afghanistan and other United States Government departments and agencies as appropriate;CommentsClose CommentsPermalink





(B) mechanisms to track the status of those individuals described in subsection (a); andCommentsClose CommentsPermalink





(C) metrics to monitor and evaluate the impact of funds used pursuant to subsection (a).CommentsClose CommentsPermalink





(2) MODIFICATIONS- If the guidance in effect for the purpose stated in paragraph (1) is modified, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a copy of the modification not later than 15 days after the date on which such modification is made.CommentsClose CommentsPermalink





(d) Quarterly Reports- The Secretary of Defense shall submit to the appropriate congressional committees a report on activities carried out utilizing the authority of subsection (a).CommentsClose CommentsPermalink





(e) Appropriate Congressional Committees Defined- In this section, the term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink





(1) the congressional defense committees; andCommentsClose CommentsPermalink





(2) the Committee on Foreign Affairs of the House of Representative and the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink





(f) Expiration- The authority to utilize funds under subsection (a) shall expire at the close of December 31, 2011.CommentsClose CommentsPermalink

SEC. 1218. ONE-YEAR EXTENSION OF PAKISTAN COUNTERINSURGENCY FUND.

Section 1224(h) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2521) is amended by striking ‘September 30, 2010’ both places it appears and inserting ‘September 30, 2011’.CommentsClose CommentsPermalink

SEC. 1219. AUTHORITY TO USE FUNDS TO PROVIDE SUPPORT TO COALITION FORCES SUPPORTING MILITARY AND STABILITY OPERATIONS IN IRAQ AND AFGHANISTAN.

(a) Authority- Notwithstanding section 127d(c) of title 10, United States Code, up to $400,000,000 of the funds available to the Department of Defense by section 1509 of this Act may be used to provide supplies, services, transportation, including airlift and sealift, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan.CommentsClose CommentsPermalink





(b) Quarterly Reports- The Secretary of Defense shall submit quarterly reports to the congressional defense committees regarding support provided under this section.CommentsClose CommentsPermalink

SEC. 1220. REQUIREMENT TO PROVIDE UNITED STATES BRIGADE AND EQUIVALENT UNITS DEPLOYED TO AFGHANISTAN WITH THE COMMENSURATE LEVEL OF UNIT AND THEATER-WIDE COMBAT ENABLERS.

(a) Statement of Policy- It is the policy of the United States to provide each United States brigade and equivalent units deployed to Afghanistan with the commensurate level of unit and theater-wide combat enablers to--CommentsClose CommentsPermalink





(1) implement the United States strategy to disrupt, dismantle, and defeat al Qaeda, the Taliban, and their affiliated networks and eliminate their safe haven;CommentsClose CommentsPermalink





(2) achieve the military campaign plan;CommentsClose CommentsPermalink





(3) minimize the level risk to United States, coalition, and Afghan forces; andCommentsClose CommentsPermalink





(4) reduce the number of military and civilian casualties.CommentsClose CommentsPermalink





(b) Requirement- In order to achieve the policy expressed in subsection (a), the Secretary of Defense shall provide each United States brigade and equivalent units deployed to Afghanistan with the commensurate level of unit and theater-wide combat enablers.CommentsClose CommentsPermalink





(c) Report- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing--CommentsClose CommentsPermalink





(1) a description of United States Forces-Afghanistan requests for forces for fiscal years 2008, 2009, and 2010;CommentsClose CommentsPermalink





(2) a description of the current troop-to-task analysis and resource requirements;CommentsClose CommentsPermalink





(3) the number of United States brigade and equivalent units deployed to Afghanistan;CommentsClose CommentsPermalink





(4) the number of United States unit and theater-wide combat enablers deployed to Afghanistan, including at a minimum, a breakdown of--CommentsClose CommentsPermalink





(A) Intelligence, Surveillance, and Reconnaissance (ISR);CommentsClose CommentsPermalink





(B) force protection, including force protection at each United States Forward Operating Base (FOB); andCommentsClose CommentsPermalink





(C) medical evacuation (MEDEVAC); andCommentsClose CommentsPermalink





(5) an assessment of the risk to United States, coalition, and Afghan forces based on a lack of combat enablers.CommentsClose CommentsPermalink





(d) Combat Enablers Defined- In this section, the term ‘combat enablers’ includes--CommentsClose CommentsPermalink





(1) Intelligence, Surveillance, and Reconnaissance (ISR);CommentsClose CommentsPermalink





(2) force protection, including force protection at each United States Forward Operating Base (FOB);CommentsClose CommentsPermalink





(3) medical evacuation (MEDEVAC); andCommentsClose CommentsPermalink





(4) any other combat enablers as determined by the Secretary of Defense.CommentsClose CommentsPermalink

SEC. 1221. LIMITATION ON AVAILABILITY OF FUNDS FOR ELECTIONS IN AFGHANISTAN.

(a) Limitation- No funds authorized to be appropriated by this Act may be made available to support the holding of elections in Afghanistan unless and until the President submits a certification described in subsection (b) to the congressional officials specified in subsection (c).CommentsClose CommentsPermalink





(b) Certification Described- A certification described in this subsection is certification in writing that contains a determination of the President of the following:CommentsClose CommentsPermalink





(1) The Afghanistan Independent Election Commission has the professional capacity, personnel, skills, independence, and legal authority to conduct and oversee free, fair, and honest elections.CommentsClose CommentsPermalink





(2) The Afghanistan Independent Election Commission, to the extent possible, has been purged of all members and staff who committed or were otherwise participants in any fraud of the 2009 presidential elections, including covering up the electoral fraud or otherwise were negligent in investigating allegations of electoral fraud.CommentsClose CommentsPermalink





(3) The Afghan Electoral Complaints Commission is a genuinely independent body with all the authorities that were invested in it under Afghanistan law as of December 31, 2009, and with no members appointed by President Hamid Karzai.CommentsClose CommentsPermalink





(c) Congressional Officials Specified- The congressional officials specified in this subsection are the following:CommentsClose CommentsPermalink





(1) The Speaker and minority leader of the House of Representatives.CommentsClose CommentsPermalink





(2) The majority leader and minority leader of the Senate.CommentsClose CommentsPermalink





(3) The Chairman and ranking member of the Committee on Armed Services and the Chairman and ranking member of the Committee on Foreign Affairs of the House of Representatives.CommentsClose CommentsPermalink





(4) The Chairman and ranking member of the Committee on Armed Services and the Chairman and ranking member of the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink

SEC. 1222. RECOMMENDATIONS ON OVERSIGHT OF CONTRACTORS ENGAGED IN ACTIVITIES RELATING TO AFGHANISTAN.

(a) Recommendations Required- Not later than 90 days after the date of the enactment of this Act, the Special Inspector General for Afghanistan Reconstruction shall, in consultation with the Inspector General of the Department of Defense, the Inspector General of the United States Agency for International Development, and the Inspector General of the Department of State--CommentsClose CommentsPermalink





(1) issue recommendations on measures to increase oversight of contractors engaged in activities relating to Afghanistan that have a record of engaging in waste, fraud, or abuse;CommentsClose CommentsPermalink





(2) report on the status of efforts of the Department of Defense, the United States Agency for International Development, and the Department of State to implement existing recommendations regarding oversight of such contractors; andCommentsClose CommentsPermalink





(3) report on the extent to which military and security contractors or subcontractors engaged in activities relating to Afghanistan have been responsible for the deaths of Afghan civilians.CommentsClose CommentsPermalink





(b) Elements of Recommendations- The recommendations issued under subsection (a)(1) shall include--CommentsClose CommentsPermalink





(1) recommendations for reducing the reliance of the United States on--CommentsClose CommentsPermalink





(A) military and security contractors or subcontractors engaged in activities relating to Afghanistan that have been responsible responsible for the deaths of Afghan civilians; andCommentsClose CommentsPermalink





(B) Afghan militias or other armed groups that are not part of the Afghan National Security Forces; andCommentsClose CommentsPermalink





(2) recommendations for prohibiting the Department of Defense, the Department of State, or the United States Agency for International Development from entering into contracts with contractors engaged in activities relating to Afghanistan that have a record of engaging in waste, fraud, or abuse.CommentsClose CommentsPermalink

SEC. 1223. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) The United States has been engaged in military operations in Afghanistan since October 2001 and in military operations in Iraq since March 2003.CommentsClose CommentsPermalink





(2) According to the Congressional Research Service, through fiscal year 2009, Congress has appropriated $944,000,000,000 for the Department of Defense, the Department of State, and for medical costs paid by the Department of Veterans Affairs. This amount includes $683,000,000,000 for Iraq and $227,000,000,000 for Afghanistan.CommentsClose CommentsPermalink





(3) Over 90 percent of Department of Defense funds for operations in Iraq and Afghanistan have been provided as emergency funds in supplemental or additional appropriations.CommentsClose CommentsPermalink





(4) The Congressional Budget Office and the Congressional Research Service have stated that future war costs are difficult to estimate because the Department of Defense provides little information on costs incurred to date, does not report outlays or actual expenditures for war because war and baseline funds are mixed in the same accounts, and because of a lack of information from the Department of Defense on many of the key factors that determine costs, including personnel levels or the pace of operations.CommentsClose CommentsPermalink





(5) Over 2 million United States troops have served in Iraq and Afghanistan since the beginning of the conflicts.CommentsClose CommentsPermalink





(6) Over 4,400 United States troops and Department of Defense civilian personnel have been killed in Operation Iraqi Freedom and over 1,060 United States troops and Department of Defense civilian personnel have been killed in Operation Enduring Freedom.CommentsClose CommentsPermalink





(7) Over 1,340 service members have suffered amputations as a result of their service in Iraq and Afghanistan.CommentsClose CommentsPermalink





(8) More than 243,685 Iraq and Afghanistan veterans have been treated for mental health conditions, more than 129,654 Iraq and Afghanistan veterans have been diagnosed with Post-Traumatic Stress Disorder, and approximately 30,000 have a confirmed Traumatic Brain Injury diagnosis.CommentsClose CommentsPermalink





(9) Approximately 46 percent of Iraq and Afghanistan veterans have sought treatment at Department of Veterans Affairs hospitals and clinics.CommentsClose CommentsPermalink





(10) The Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center identified Traumatic Brain Injury, Post-Traumatic Stress Disorder, increased survival of severe burns, and traumatic amputations as the four signature wounds of the current conflicts.CommentsClose CommentsPermalink





(11) The Independent Review Group report also states that the recovery process ‘can take months or years and must accommodate recurring or delayed manifestations of symptoms, extended rehabilitation and all the life complications that emerge over time from such trauma’.CommentsClose CommentsPermalink





(b) Report Requirement; Scenarios- Not later than the date on which the budget of the United States Government is submitted under section 1105(a) of title 31, United States Code, for fiscal year 2012, the President, with contributions from the Secretary of Defense, the Secretary of State, and the Secretary of the Department of Veterans Affairs, shall submit a report to Congress containing an estimate of the long-term costs of Operation Iraqi Freedom and Operation Enduring Freedom. The report shall contain estimates for the following scenarios:CommentsClose CommentsPermalink





(1) The number of personnel deployed in support of Operation Iraqi Freedom and Operation Enduring Freedom is reduced from current levels to approximately 150,000 by the end of fiscal year 2011, 65,000 by the end of fiscal year 2012, and 30,000 by the end of fiscal year 2013, and remains at that level through fiscal year 2020.CommentsClose CommentsPermalink





(2) The number of personnel deployed in support of Operation Iraqi Freedom and Operation Enduring Freedom is increased from current levels to approximately 235,000 by the end of fiscal year 2010, is reduced to 230,000 by the end of fiscal year 2011, is reduced to 195,000 by the end of fiscal year 2012, is reduced to 135,000 by the end of fiscal year 2013, is reduced to 80,000 by the end of fiscal year 2014, is reduced to 60,000 by the end of fiscal year 2015, and remains at that level through fiscal year 2020.CommentsClose CommentsPermalink





(3) An alternative scenario, defined by the President and based on current war and withdrawal plans, which takes into account expected troop levels and the expected length of time that troops will be deployed in support of Operation Iraqi Freedom and Operation Enduring Freedom.CommentsClose CommentsPermalink





(c) Special Considerations- The estimates required for each scenario shall make projections through at least fiscal year 2020, shall be adjusted appropriately for inflation, shall be based on historical trends, and to the maximum extent practicable shall take into account and specify the following:CommentsClose CommentsPermalink





(1) The total number of troops expected to be activated and deployed to Iraq and Afghanistan during the course of Operation Iraqi Freedom and Operation Enduring Freedom. This number shall include all troops deployed in the region in support of Operation Iraqi Freedom and Operation Enduring Freedom and activated reservists in the United States who are training, backfilling for deployed troops, or supporting other Department of Defense missions directly or indirectly related to Operation Iraqi Freedom and Operation Enduring Freedom. This number shall also break down activations and deployments of Active Duty, Reservists, and National Guard troops.CommentsClose CommentsPermalink





(2) The number of troops, including National Guard and Reserve troops, who have served and who are expected to serve multiple deployments.CommentsClose CommentsPermalink





(3) The number of contractors and private military security firms that have been utilized and are expected to be utilized during the course of the conflicts in Iraq and Afghanistan.CommentsClose CommentsPermalink





(4) The number of veterans currently suffering and expected to suffer from Post-Traumatic Stress Disorder, Traumatic Brain Injury, or other mental injuries.CommentsClose CommentsPermalink





(5) The number of veterans currently in need of and expected to be in need of prosthetic care and treatment because of amputations incurred during Operation Iraqi Freedom and Operation Enduring Freedom.CommentsClose CommentsPermalink





(6) The current number of pending Department of Veterans Affairs claims from Iraq and Afghanistan veterans, and the total number of Iraq and Afghanistan veterans expected to seek disability compensation benefits from the Department of Veterans Affairs.CommentsClose CommentsPermalink





(7) The total number of troops who have been killed and wounded in Iraq and Afghanistan to date, including noncombat casualties, the total number of troops expected to suffer injuries in Iraq and Afghanistan, and the total number of troops expected to be killed in Iraq and Afghanistan, including noncombat casualties.CommentsClose CommentsPermalink





(8) Funding already appropriated for the Department of Defense, the Department of State, and the Department of Veterans Affairs for costs related to the wars in Iraq and Afghanistan. This shall include an account of the amount of funding from regular Department of Defense, Department of State, and Department of Veterans Affairs budgets that has gone and will go to Iraq and Afghanistan.CommentsClose CommentsPermalink





(9) Current and future operational expenditures, including funding for combat operations; deploying, transporting, feeding, and housing troops (including fuel costs); deployment of National Guard and Reserve troops; the equipping and training of Iraqi and Afghani forces; purchasing, upgrading, and repairing weapons, munitions and other equipment; and payments to other countries for logistical assistance.CommentsClose CommentsPermalink





(10) Past, current, and future cost of government contractors and private military security firms.CommentsClose CommentsPermalink





(11) Average annual cost for each troop and combat brigade deployed in support of Operation Iraqi Freedom and Operation Enduring Freedom, including room and board, equipment and body armor, transportation of troops and equipment (including fuel costs), and operational costs.CommentsClose CommentsPermalink





(12) Current and future cost of combat-related special pays and benefits, including reenlistment bonuses.CommentsClose CommentsPermalink





(13) Current and future cost of activating National Guard and Reserve forces and paying them on a full-time basis.CommentsClose CommentsPermalink





(14) Current and future cost for reconstruction, embassy operations and construction, and foreign aid programs for Iraq and Afghanistan.CommentsClose CommentsPermalink





(15) Current and future cost of bases and other infrastructure to support United States troops in Iraq and Afghanistan.CommentsClose CommentsPermalink





(16) Current and future cost of providing healthcare for returning veterans. This estimate shall include the cost of mental health treatment for veterans suffering from Post-Traumatic Stress Disorder and Traumatic Brain Injury, and other mental problems as a result of their service in Operation Iraqi Freedom and Operation Enduring Freedom. This estimate shall also include the cost of lifetime prosthetics care and treatment for veterans suffering from amputations as a result of their service in Operation Iraqi Freedom and Operation Enduring Freedom.CommentsClose CommentsPermalink





(17) Current and future cost of providing Department of Veterans Affairs disability benefits for lifetime of veterans.CommentsClose CommentsPermalink





(18) Current and future cost of providing survivors’ benefits to survivors of service members.CommentsClose CommentsPermalink





(19) Cost of bringing troops and equipment home at the end of the wars, including cost of demobilizing troops, transporting troops home (including fuel costs), providing transition services from active duty to veteran status, transporting equipment, weapons, and munitions (including fuel costs), and an estimate of the value of equipment which will be left behind.CommentsClose CommentsPermalink





(20) Cost to restore the military and military equipment, including the National Guard and National Guard equipment, to full strength after the wars.CommentsClose CommentsPermalink





(21) Cost of the administration’s plan to permanently increase the Army and Marine Corps by 92,000.CommentsClose CommentsPermalink





(22) Amount of money borrowed to pay for the wars in Iraq and Afghanistan, and the sources of that money.CommentsClose CommentsPermalink





(23) Interest on borrowed money, including interest for money already borrowed and anticipated interest payments on future borrowing for the war in Iraq and the war in Afghanistan to the extent all spending associated with the war in Iraq and the war in Afghanistan have been and will be financed with borrowed money.CommentsClose CommentsPermalink

Subtitle C--Other MattersCommentsClose CommentsPermalink

SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION CENTER.

Section 1244(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541) is amended--CommentsClose CommentsPermalink





(1) by striking ‘fiscal year 2010’ and inserting ‘fiscal year 2011’; andCommentsClose CommentsPermalink





(2) by striking ‘$30,000,000’ and inserting ‘$50,000,000’.CommentsClose CommentsPermalink

SEC. 1232. NATIONAL MILITARY STRATEGIC PLAN TO COUNTER IRAN.

(a) National Military Strategic Plan Required- The Secretary of Defense shall develop a strategic plan, to be known as the ‘National Military Strategic Plan to Counter Iran’. The strategic plan shall--CommentsClose CommentsPermalink





(1) outline the Department of Defense’s strategic planning and provide strategic guidance for military activities and operations that support the United States policy objective of countering threats posed by Iran;CommentsClose CommentsPermalink





(2) identify the direct and indirect military contribution to this policy objective, and constitute the comprehensive military plan to counter threats posed by Iran;CommentsClose CommentsPermalink





(3) undertake a review of the intelligence in the possession of the Department of Defense to develop a list of gaps in intelligence that limit the ability of the Department of Defense to counter threats emanating from Iran that the Secretary considers to be critical;CommentsClose CommentsPermalink





(4) shall develop a plan to address those gaps identified in the review under paragraph (3); andCommentsClose CommentsPermalink





(5) undertake a review of the plans of the Department of Defense to counter threats to the United States, its forces, allies, and interests from Iran, including--CommentsClose CommentsPermalink





(A) plans for both conflict and peace;CommentsClose CommentsPermalink





(B) contributions of the Department of Defense to the efforts of other agencies of the United States Government to counter or address the threat emanating from Iran; andCommentsClose CommentsPermalink





(C) any gaps in the plans, capabilities and authorities of the Department.CommentsClose CommentsPermalink





(b) Plan- In addition to the plan required under subsection (a), the Secretary of Defense shall develop a plan to address those gaps identified in the review required in subsection (a)(5). The plan shall guide the planning and actions of the relevant combatant commands, the military departments, and combat support agencies that the Secretary of Defense determines have a role in countering threats posed by Iran.CommentsClose CommentsPermalink





(c) Report to Congress-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than the date on which the President submits to Congress the budget for a fiscal year under section 1105 of title 31, United States Code, the Secretary of Defense shall submit to the congressional defense committees a report identifying and justifying any resources, capabilities, legislative authorities, or changes to current law the Secretary believes are necessary to carry out the plan required under subsection (b) to address the gaps identified in the strategic plan required in subsection (a).CommentsClose CommentsPermalink





(2) FORM- The report required in paragraph (1) shall be in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink

SEC. 1233. REPORT ON DEPARTMENT OF DEFENSE’S PLANS TO REFORM THE EXPORT CONTROL SYSTEM.

(a) Report Required- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the Department of Defense’s plans to reform the Department’s export control system.CommentsClose CommentsPermalink





(b) Matters to Be Included- The report required under subsection (a) shall include--CommentsClose CommentsPermalink





(1) a description of the plans of the Department of Defense to implement Presidential Study Directive 8; andCommentsClose CommentsPermalink





(2) an assessment of the extent to which the plans to reform the export control system will--CommentsClose CommentsPermalink





(A) impact the Defense Technology Security Administration of the Department of Defense;CommentsClose CommentsPermalink





(B) affect the role of the Department of Defense with respect to export control policy; andCommentsClose CommentsPermalink





(C) ensure greater protection and monitoring of key defense items and technologies.CommentsClose CommentsPermalink





(c) Appropriate Congressional Committees Defined- In this section, the term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink





(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink

SEC. 1234. REPORT ON UNITED STATES EFFORTS TO DEFEND AGAINST THREATS POSED BY THE ADVANCED ANTI-ACCESS CAPABILITIES OF POTENTIALLY HOSTILE FOREIGN COUNTRIES.

(a) Congressional Finding- Congress finds that the report of the 2010 Department of Defense Quadrennial Defense Review finds that ‘Anti-access strategies seek to deny outside countries the ability to project power into a region, thereby allowing aggression or other destabilizing actions to be conducted by the anti-access power. Without dominant capabilities to project power, the integrity of U.S. alliances and security partnerships could be called into question, reducing U.S. security and influence and increasing the possibility of conflict.’.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that, in light of the finding in subsection (a), the Secretary of Defense should ensure that the United States has the appropriate authorities, capabilities, and force structure to defend against any threats posed by the advanced anti-access capabilities of potentially hostile foreign countries.CommentsClose CommentsPermalink





(c) Report- Not later than April 1, 2011, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on United States efforts to defend against any threats posed by the advanced anti-access capabilities of potentially hostile foreign countries.CommentsClose CommentsPermalink





(d) Matters to Be Included- The report required under subsection (c) shall include the following:CommentsClose CommentsPermalink





(1) An assessment of any threats posed by the advanced anti-access capabilities of potentially hostile foreign countries, including an identification of the foreign countries with such capabilities, the nature of such capabilities, and the possible advances in such capabilities over the next 10 years.CommentsClose CommentsPermalink





(2) A description of any efforts by the Department of Defense since the release of the 2010 Quadrennial Defense Review to address the finding in subsection (a).CommentsClose CommentsPermalink





(3) A description of the authorities, capabilities, and force structure that the United States may require over the next 10 years to address the finding in subsection (a).CommentsClose CommentsPermalink





(e) Form- The report required under subsection (c) shall be submitted in unclassified form, but may contain a classified annex if necessary.CommentsClose CommentsPermalink





(f) Modification of Other Reports-CommentsClose CommentsPermalink





(1) CONCERNING THE PEOPLE’S REPUBLIC OF CHINA- Section 1202(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C. 113 note), as most recently amended by section 1246 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2544), is further amended--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (10) through (12) as paragraphs (11) through (13), respectively; andCommentsClose CommentsPermalink





(B) by inserting after paragraph (9) the following:CommentsClose CommentsPermalink





‘(10) Developments in China’s anti-access and area denial capabilities.’.CommentsClose CommentsPermalink





(2) CONCERNING IRAN- Section 1245(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2542) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) A description and assessment of Iran’s anti-access and area denial strategy and capabilities.’.CommentsClose CommentsPermalink

SEC. 1235. REPORT ON FORCE STRUCTURE CHANGES IN COMPOSITION AND CAPABILITIES AT MILITARY INSTALLATIONS IN EUROPE.

(a) Report Required- Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report evaluating potential changes in the composition and capabilities of units of the United States Armed Forces at military installations in European member nations of the North Atlantic Treaty Organization--CommentsClose CommentsPermalink





(1) to satisfy the commitments undertaken by United States pursuant to Article 5 of the North Atlantic Treaty, signed at Washington, District of Columbia, on April 4, 1949, and entered into force on August 24, 1949 (63 Stat. 2241; TIAS 1964);CommentsClose CommentsPermalink





(2) to address the current security environment in Europe, including United States participation in theater cooperation activities; andCommentsClose CommentsPermalink





(3) to contribute to peace and stability in Europe.CommentsClose CommentsPermalink





(b) Matters to Be Considered- As part of the report, the Secretary of Defense shall consider--CommentsClose CommentsPermalink





(1) the stationing of advisory and assist brigades at military installations in Europe;CommentsClose CommentsPermalink





(2) the expanded use of Joint Task Forces to train and build mutual capabilities with partner countries; andCommentsClose CommentsPermalink





(3) the stationing of units of the United States Armed Forces to support missile defense and cyber-security missions.CommentsClose CommentsPermalink





(c) Appropriate Congressional Committees Defined- In this section, the term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink





(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink

SEC. 1236. SENSE OF CONGRESS ON MISSILE DEFENSE AND NEW START TREATY WITH RUSSIAN FEDERATION.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) The United States and the Russian Federation signed the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms (commonly known as the ‘New START Treaty’) on April 8, 2010.CommentsClose CommentsPermalink





(2) The preamble of the New START Treaty states, ‘Recognizing the existence of the interrelationship between strategic offensive arms and strategic defensive arms, that this interrelationship will become more important as strategic nuclear arms are reduced, and that current strategic defensive arms do not undermine the viability and effectiveness of the strategic offensive arms of the Parties.’.CommentsClose CommentsPermalink





(3) Officials of the United States have stated that the New START Treaty does not constrain the missile defenses of the United States and according to the New START Treaty U.S. Congressional Briefing Book of April, 2010, released by the Department of State and the Department of Defense, ‘The United States will continue to invest in improvements to both strategic and theater missile defenses, both qualitatively and quantitatively, as needed for our security and the security of our allies.’.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) as stated by officials of the United States, there would be no limitations on any phase of the phased, adaptive approach to missile defense in Europe resulting from ratification of the New START treaty between the United States and Russia, signed on 8 April 2010;CommentsClose CommentsPermalink





(2) the United States should deploy the phased, adaptive approach for missile defense in Europe to protect the United States, its deployed forces, and NATO allies, after appropriate testing and consistent with NATO policy; andCommentsClose CommentsPermalink





(3) the ground-based midcourse defense system in Alaska and California should be maintained, evolved, and appropriately tested because it is the only missile defense capability as of the date of the enactment of this Act that would protect the United States from the growing threat of a long-range ballistic missile attack.CommentsClose CommentsPermalink

SEC. 1237. REPORT ON THE STRATEGIC IMPLICATIONS OF THE SUCCESSFUL NEGOTIATION OF AN INCIDENTS AT SEA AGREEMENT BETWEEN THE UNITED STATES AND THE GOVERNMENT OF IRAN.

(a) Report Required- Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report evaluating naval security in the Persian Gulf and the Strait of Hormuz.CommentsClose CommentsPermalink





(b) Matters to Be Included- The report required under subsection (a) shall include an assessment of the strategic benefits of the successful negotiation of a multilateral or bilateral Incidents at Sea military-to-military agreement including the United States and the Government of Iran aimed at defusing tension and preventing accidental naval conflict in the Persian Gulf and the Strait of Hormuz. Such an assessment should consider and evaluate the effect that such an agreement might have on commercial, military, and other naval traffic in the region, as well as other United States regional strategic interests.CommentsClose CommentsPermalink





(c) Appropriate Congressional Committees Defined- In this section, the term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink





(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink

SEC. 1238. REQUIREMENT TO MONITOR AND EVALUATE DEPARTMENT OF DEFENSE ACTIVITIES TO COUNTER VIOLENT EXTREMISM IN AFRICA.

(a) In General- The Secretary of Defense, in consultation with the Secretary of State, shall monitor and evaluate the impact of United States Africa Command (USAFRICOM) Combined Joint Task Force-Horn of Africa’s (CJTF-HOA) activities to counter violent extremism in Africa, including civil affairs, psychological operations, humanitarian assistance, and operations to strengthen the capacity of partner nations.CommentsClose CommentsPermalink





(b) Report- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the following:CommentsClose CommentsPermalink





(1) An evaluation of the impact of CJTF-HOA’s activities described in subsection (a) to advance United States security objectives in the Horn of Africa, including the extent to which CJTF-HOA’s activities--CommentsClose CommentsPermalink





(A) disrupt or deny terrorist networks;CommentsClose CommentsPermalink





(B) combat violent extremist ideology;CommentsClose CommentsPermalink





(C) are aligned with USAFRICOM’s mission; andCommentsClose CommentsPermalink





(D) complement programs conducted by the United States Agency for International Development.CommentsClose CommentsPermalink





(2) USAFRICOM’s efforts to monitor and evaluate the impact of CJTF-HOA’s activities described in subsection (a), including--CommentsClose CommentsPermalink





(A) the means by which CJTF-HOA follows up on such activities to evaluate the effectiveness of such activities;CommentsClose CommentsPermalink





(B) USAFRICOM’s specific assessments of CJTF-HOA’s activities; andCommentsClose CommentsPermalink





(C) a description of plans by the Secretary of Defense to make permanent CJTF-HOA’s presence in Djibouti.CommentsClose CommentsPermalink





(c) Appropriate Congressional Committees Defined- In this section, the term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink





(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink

SEC. 1239. REPORT ON CERTAIN IRAQIS AFFILIATED WITH THE UNITED STATES.

(a) In General- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, the Attorney General, the Secretary of Homeland Security, the Administrator of the United States Agency for International Development, and the heads of other appropriate Federal agencies (as determined by the Secretary of Defense), shall submit to the Congress a report containing the information described in subsection (b). In preparing such report, the Secretary of Defense shall use available information from organizations and entities closely associated with the United States mission in Iraq that have received United States Government funding through an official and documented contract, award, grant, or cooperative agreement.CommentsClose CommentsPermalink





(b) Information- The information described in this subsection is the following:CommentsClose CommentsPermalink





(1) The number of Iraqis who were or are employed by the United States Government in Iraq or who are or were employed in Iraq by an organization or entity closely associated with the United States mission in Iraq that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement.CommentsClose CommentsPermalink





(2) The number of Iraqis who have applied--CommentsClose CommentsPermalink





(A) for resettlement in the United States as a refugee under section 1243 of the Refugee Crisis in Iraq Act of 2007 (subtitle C of title XII of division A of Public Law 110-181; 122 Stat. 395 et seq.); orCommentsClose CommentsPermalink





(B) to enter the United States as a special immigrant under section 1244 of such Act.CommentsClose CommentsPermalink





(3) The status of each application described in paragraph (2).CommentsClose CommentsPermalink





(4) The estimated number of individuals described in paragraph (1) who have been injured or killed in Iraq.CommentsClose CommentsPermalink





(c) Expedited Processing- The Secretary of Defense, the Secretary of State, and the Secretary of Homeland Security shall develop a plan using the report submitted under subsection (a) to expedite the processing of the applications described in subsection (b)(2) in the case of Iraqis at risk as the United States withdraws from Iraq.CommentsClose CommentsPermalink

TITLE XIII--COOPERATIVE THREAT REDUCTIONCommentsClose CommentsPermalink

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS.

(a) Specification of Cooperative Threat Reduction Programs- For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501 of the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).CommentsClose CommentsPermalink





(b) Fiscal Year 2011 Cooperative Threat Reduction Funds Defined- As used in this title, the term ‘fiscal year 2011 Cooperative Threat Reduction funds’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs.CommentsClose CommentsPermalink





(c) Availability of Funds- Funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs shall be available for obligation for fiscal years 2011, 2012, and 2013.CommentsClose CommentsPermalink

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes- Of the $522,512,000 authorized to be appropriated to the Department of Defense for fiscal year 2011 in section 301(20) for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes specified:CommentsClose CommentsPermalink





(1) For strategic offensive arms elimination in Russia, $66,732,000.CommentsClose CommentsPermalink





(2) For strategic nuclear arms elimination in Ukraine, $6,800,000.CommentsClose CommentsPermalink





(3) For nuclear weapons storage security in Russia, $9,614,000.CommentsClose CommentsPermalink





(4) For nuclear weapons transportation security in Russia, $45,000,000.CommentsClose CommentsPermalink





(5) For weapons of mass destruction proliferation prevention in the states of the former Soviet Union, $79,821,000.CommentsClose CommentsPermalink





(6) For biological threat reduction in the former Soviet Union, $209,034,000.CommentsClose CommentsPermalink





(7) For chemical weapons destruction, $3,000,000.CommentsClose CommentsPermalink





(8) For defense and military contacts, $5,000,000.CommentsClose CommentsPermalink





(9) For Global Nuclear Lockdown, $74,471,000.CommentsClose CommentsPermalink





(10) For activities designated as Other Assessments/Administrative Costs, $23,040,000.CommentsClose CommentsPermalink





(b) Report on Obligation or Expenditure of Funds for Other Purposes- No fiscal year 2011 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (10) of subsection (a) until 15 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2011 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law.CommentsClose CommentsPermalink





(c) Limited Authority to Vary Individual Amounts-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2011 for a purpose listed in paragraphs (1) through (10) of subsection (a) in excess of the specific amount authorized for that purpose.CommentsClose CommentsPermalink





(2) NOTICE-AND-WAIT REQUIRED- An obligation of funds for a purpose stated in paragraphs (1) through (10) of subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after--CommentsClose CommentsPermalink





(A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; andCommentsClose CommentsPermalink





(B) 15 days have elapsed following the date of the notification.CommentsClose CommentsPermalink

TITLE XIV--OTHER AUTHORIZATIONSCommentsClose CommentsPermalink

Subtitle A--Military ProgramsCommentsClose CommentsPermalink

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2011 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:CommentsClose CommentsPermalink





(1) For the Defense Working Capital Funds, $160,965,000.CommentsClose CommentsPermalink





(2) For the Defense Working Capital Fund, Defense Commissary, $1,273,571,000.CommentsClose CommentsPermalink

SEC. 1402. STUDY ON WORKING CAPITAL FUND CASH BALANCES.

(a) Study Required- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center with appropriate expertise in revolving fund financial management to carry out a study to determine a sufficient operational level of cash that each revolving fund of the Department of Defense should maintain in order to sustain a single rate or price throughout the fiscal year.CommentsClose CommentsPermalink





(b) Contents of Study- In carrying out a study pursuant to a contract entered into under subsection (a), the federally funded research and development center shall--CommentsClose CommentsPermalink





(1) qualitatively analyze the operational requirements and inherent risks associated with maintaining a specific level of cash within each revolving fund of the Department;CommentsClose CommentsPermalink





(2) for each such revolving fund, take into consideration any effects on appropriation accounts that have occurred due to changes made in the rates charged by the fund during a fiscal year;CommentsClose CommentsPermalink





(3) take into consideration direct input from the Secretary of Defense and officials of each of the military departments with leadership responsibility for financial management;CommentsClose CommentsPermalink





(4) examine the guidance provided and regulations prescribed by the Secretary of Defense and the Secretary of each of the military departments, as in effect on the date of the enactment of this Act, including such guidance with respect to programming and budgeting and the annual budget displays provided to Congress;CommentsClose CommentsPermalink





(5) examine the effects on appropriations accounts that have occurred due to congressional adjustments relating to excess cash balances in revolving funds;CommentsClose CommentsPermalink





(6) identify best business practices from the private sector relating to sufficient cash balance reserves;CommentsClose CommentsPermalink





(7) examine any relevant applicable laws, including the relevant body of work performed by the Government Accountability Office; andCommentsClose CommentsPermalink





(8) address--CommentsClose CommentsPermalink





(A) instances where the fiscal policy of the Department of Defense directly follows the law, as in effect on the date of the enactment of this Act, and instances where such policy is more restrictive with respect to the fiscal management of revolving funds than such law requires;CommentsClose CommentsPermalink





(B) instances where current Department fiscal policy restricts the capability of a revolving fund to achieve the most economical and efficient organization and operation of activities;CommentsClose CommentsPermalink





(C) fiscal policy adjustments required to comply with recommendations provided in the study, including proposed adjustments to--CommentsClose CommentsPermalink





(i) the Department of Defense Financial Management Regulation;CommentsClose CommentsPermalink





(ii) published service regulations and instructions; andCommentsClose CommentsPermalink





(iii) major command fiscal guidance; andCommentsClose CommentsPermalink





(D) such other matters as determined relevant by the center carrying out the study.CommentsClose CommentsPermalink





(c) Availability of Information- The Secretary of Defense and the Secretary of each of the military departments shall make available to a federally funded research and development center carrying out a study pursuant to a contract entered into under subsection (a) all necessary and relevant information to allow the center to conduct the study in a quantitative and analytical manner.CommentsClose CommentsPermalink





(d) Report- Any contract entered into under subsection (a) shall provide that not later than 9 months after the date on which the Secretary of Defense enters into the contract, the chief executive officer of the entity that carries out the study pursuant to the contract shall submit to the Committees on Armed Services of the Senate and House of Representatives and the Secretary of Defense a final report on the study. The report shall include each of the following:CommentsClose CommentsPermalink





(1) A description of the revolving fund environment, as of the date of the conclusion of the study, and the anticipated future environment, together with the quantitative data used in conducting the assessment of such environments under the study.CommentsClose CommentsPermalink





(2) Recommended fiscal policy adjustments to support the initiatives identified in the study, including adjustments to--CommentsClose CommentsPermalink





(A) the Department of Defense Financial Management Regulation;CommentsClose CommentsPermalink





(B) published service regulations and instructions; andCommentsClose CommentsPermalink





(C) major command fiscal guidance.CommentsClose CommentsPermalink





(3) Recommendations with respect to any changes to any applicable law that would be appropriate to support the initiatives identified in the study.CommentsClose CommentsPermalink





(e) Submittal of Comments- Not later than 90 days after the date of the submittal of the report under subsection (d), the Secretary of Defense and the Secretaries of each of the military departments shall submit to the Committees on Armed Services of the Senate and House of Representatives comments on the findings and recommendations contained in the report.CommentsClose CommentsPermalink

SEC. 1403. MODIFICATION OF CERTAIN WORKING CAPITAL FUND REQUIREMENTS.

Section 2208 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (c)(1), by striking ‘or used’ and inserting ‘used, or developed through continuous technology refreshment’; andCommentsClose CommentsPermalink





(2) in subsection (k)(2), by striking ‘$100,000’ and inserting ‘$250,000’.CommentsClose CommentsPermalink

SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PENTAGON RESERVATION MAINTENANCE REVOLVING FUND.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall transfer $77,000,000 from the unobligated balances of the Pentagon Reservation Maintenance Revolving Fund established under section 2674(e) of title 10, United States Code, to the Miscellaneous Receipts Fund of the United States Treasury.CommentsClose CommentsPermalink

SEC. 1405. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for the fiscal year 2011 for the National Defense Sealift Fund in the amount of $934,866,000.CommentsClose CommentsPermalink

SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

(a) Authorization of Appropriations- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $1,467,307,000, of which--CommentsClose CommentsPermalink





(1) $1,067,364,000 is for Operation and Maintenance;CommentsClose CommentsPermalink





(2) $392,811,000 is for Research, Development, Test, and Evaluation; andCommentsClose CommentsPermalink





(3) $7,132,000 is for Procurement.CommentsClose CommentsPermalink





(b) Use- Amounts authorized to be appropriated under subsection (a) are authorized for--CommentsClose CommentsPermalink





(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); andCommentsClose CommentsPermalink





(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.CommentsClose CommentsPermalink

SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $1,131,351,000.CommentsClose CommentsPermalink

SEC. 1408. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $283,354,000, of which--CommentsClose CommentsPermalink





(1) $282,354,000 is for Operation and Maintenance; andCommentsClose CommentsPermalink





(2) $1,000,000 is for Procurement.CommentsClose CommentsPermalink

SEC. 1409. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2011 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $30,991,952,000, of which--CommentsClose CommentsPermalink





(1) $29,947,792,000 is for Operation and Maintenance;CommentsClose CommentsPermalink





(2) $524,239,000 is for Research, Development, Test, and Evaluation; andCommentsClose CommentsPermalink





(3) $519,921,000 is for Procurement.CommentsClose CommentsPermalink

Subtitle B--National Defense StockpileCommentsClose CommentsPermalink

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

(a) Obligation of Stockpile Funds- During fiscal year 2011, the National Defense Stockpile Manager may obligate up to $41,181,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of such funds under subsection (b)(2) of such section, including the disposal of hazardous materials that are environmentally sensitive.CommentsClose CommentsPermalink





(b) Additional Obligations- The National Defense Stockpile Manager may obligate amounts in excess of the amount specified in subsection (a) if the National Defense Stockpile Manager notifies Congress that extraordinary or emergency conditions necessitate the additional obligations. The National Defense Stockpile Manager may make the additional obligations described in the notification after the end of the 45-day period beginning on the date on which Congress receives the notification.CommentsClose CommentsPermalink





(c) Limitations- The authorities provided by this section shall be subject to such limitations as may be provided in appropriations Acts.CommentsClose CommentsPermalink

SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.

Section 3402(b)(5) of the National Defense Authorization Act for Fiscal Year 2000 (50 U.S.C. 98d note), as most recently amended by section 1412(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 418), is amended by striking ‘$710,000,000’ and inserting ‘$730,000,000’.CommentsClose CommentsPermalink

Subtitle C--Other MattersCommentsClose CommentsPermalink

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT HOME.

There is authorized to be appropriated for fiscal year 2011 from the Armed Forces Retirement Home Trust Fund the sum of $71,200,000 for the operation of the Armed Forces Retirement Home.CommentsClose CommentsPermalink

SEC. 1422. PLAN FOR FUNDING FUEL INFRASTRUCTURE SUSTAINMENT, RESTORATION, AND MODERNIZATION REQUIREMENTS.

Not later than the date on which the President submits to Congress the budget for fiscal year 2012 pursuant to section 1105 of title 31, United States Code, the Director of the Defense Logistics Agency shall submit to the congressional defense committees a report on the fuel infrastructure of the Department of Defense. Such report shall include projections for fuel infrastructure sustainment, restoration, and modernization requirements, and a plan for funding such requirements.CommentsClose CommentsPermalink

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONSCommentsClose CommentsPermalink

SEC. 1501. PURPOSE.

The purpose of this title is to authorize appropriations for the Department of Defense for fiscal year 2011 to provide additional funds for overseas contingency operations being carried out by the Armed Forces.CommentsClose CommentsPermalink

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