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Donate NowS.3280 - National Defense Authorization Act for Fiscal Year 2011
A bill to authorize appropriations for fiscal year 2011 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.

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S 3280 ISCommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3280CommentsClose CommentsPermalink
To authorize appropriations for fiscal year 2011 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
April 29, 2010CommentsClose CommentsPermalink
April 29, 2010CommentsClose CommentsPermalink
Mr. LEVIN (by request) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To authorize appropriations for fiscal year 2011 for military activities of the Department of Defense and for military construction, 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 two divisions as follows:CommentsClose CommentsPermalink
(1) DIVISION A- Department of Defense Authorizations.CommentsClose CommentsPermalink
(2) DIVISION B- Military Construction Authorizations.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. Table of contents.CommentsClose CommentsPermalink
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
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
Sec. 105. Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink
Sec. 106. Defense Production Act Purchases.CommentsClose CommentsPermalink
Sec. 107. Multiyear procurement authority for MH-60R/S mission avionics and common cockpits Navy aircraft program.CommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 202. Repeal of prohibiton of certain contracts by Missile Defense Agency with foreign entities.CommentsClose CommentsPermalink
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.CommentsClose CommentsPermalink
Subtitle B--Environmental Provisions
Sec. 311. Payment to Environmental Protection Agency of stipulated penalties in connection with Naval Air Station, Brunswick, Maine.CommentsClose CommentsPermalink
Sec. 312. Improved Sikes Act coverage of State-owned facilities used for the national defense.CommentsClose CommentsPermalink
Subtitle C--Workplace and Depot Issues
Sec. 321. Public-private partnerships between Army industrial facilities and private entities.CommentsClose CommentsPermalink
Subtitle D--Other Matters
Sec. 331. Refined Petroleum Products, Marginal Expense Transfer Account.CommentsClose CommentsPermalink
Sec. 332. Four-year extension of authority to provide logistics support and services for weapons systems contractors.CommentsClose CommentsPermalink
Sec. 333. Permanent authority for reimbursement of expenses for certain Navy mess operations.CommentsClose CommentsPermalink
Sec. 334. 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. 335. Proceeds from Army post laundry facilities.CommentsClose CommentsPermalink
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.CommentsClose CommentsPermalink
Sec. 402. Revision to permanent end strength levels for the Navy and Air Force.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
Sec. 416. Navy Reserve flag officer allocation; removal of statutory distribution limits.CommentsClose CommentsPermalink
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.CommentsClose CommentsPermalink
TITLE V--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Officer Personnel Policy
Sec. 501. Promotion list removal actions.CommentsClose CommentsPermalink
Sec. 502. Technical revisions to definition of ‘joint matters’ for purposes of joint officer management.CommentsClose CommentsPermalink
Sec. 503. Eligibility of officers to serve on boards of inquiry for separation of regular officers for substandard performance and other reasons.CommentsClose CommentsPermalink
Sec. 504. Temporary authority to reduce minimum length of commissioned service required for voluntary retirement as an officer.CommentsClose CommentsPermalink
Sec. 505. Continuation of warrant officers on active duty to complete disciplinary action.CommentsClose CommentsPermalink
Sec. 506. Authority to designate certain inactive Reserve officers as not to be considered for selection for promotion.CommentsClose CommentsPermalink
Sec. 507. Nondisclosure of information from discussions, deliberations, notes and records of special selection boards.CommentsClose CommentsPermalink
Sec. 508. Changes to process involving promotion boards for joint qualified officers and officers with Joint Staff experience.CommentsClose CommentsPermalink
Sec. 509. Authority for appointment of warrant officers in the grade of W-1 by commission and standardization of warrant officer appointing authority.CommentsClose CommentsPermalink
Subtitle B--General Service Authorities
Sec. 511. Authority for assignment of Air Force Reserve military technicians (dual status) to positions outside Air Force Reserve unit program.CommentsClose CommentsPermalink
Sec. 512. Authority for service commitment for Reservists who accept fellowships, scholarships, or grants to be performed in the Selected Reserve.CommentsClose CommentsPermalink
Sec. 513. Active duty obligation for graduates of the military academies participating in the Health Professions Scholarship Program.CommentsClose CommentsPermalink
Sec. 514. Authority for direct appointment of graduates of the United States Merchant Marine Academy into the National Guard.CommentsClose CommentsPermalink
Sec. 515. Wear of military uniform by military technicians (dual status) while performing duties as a military technician (dual status).CommentsClose CommentsPermalink
Sec. 516. Authority for temporary employment of non-dual status military technicians.CommentsClose CommentsPermalink
Subtitle C--Education and Training
Sec. 521. Repayment of education loan repayment benefits.CommentsClose CommentsPermalink
Sec. 522. Participation of health professions scholarship recipients in active duty health profession loan repayment program.CommentsClose CommentsPermalink
Sec. 523. Adjust Solomon Amendment Federal Register reporting.CommentsClose CommentsPermalink
Sec. 524. Increase in number of private sector civilians authorized for admission to National Defense University.CommentsClose CommentsPermalink
Sec. 525. Authority for permanent professors at the United States Air Force Academy to hold command positions while on periods of sabbatical.CommentsClose CommentsPermalink
Sec. 526. Modification of Junior Reserve Officers’ Training Corps minimum unit strength.CommentsClose CommentsPermalink
Sec. 527. Increase maximum age for prospective Reserve Officer Training Corps scholarship recipients.CommentsClose CommentsPermalink
Sec. 528. Payment for supplemental educational assistance under Post-9/11 Educational Assistance Program from Department of Defense education benefits fund.CommentsClose CommentsPermalink
Subtitle D--Military Justice and Legal Matters
Sec. 531. Enhanced authority to punish contempt in military justice proceedings.CommentsClose CommentsPermalink
Sec. 532. Authority to compel production of documentary evidence prior to trial in military justice cases.CommentsClose CommentsPermalink
Subtitle E--Decorations and Awards
Sec. 541. Authority for award of Bronze Star medal to members of military forces of friendly foreign nations.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 551. Additional member of Department of Defense Military Family Readiness Council.CommentsClose CommentsPermalink
Sec. 552. Repeal automatic enrollment in Family Servicemembers’ Group Life Insurance for military members married to other military members.CommentsClose CommentsPermalink
Sec. 553. Revised structure and functions of the Reserve Forces Policy Board.CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Repeal of mandatory high-deployment allowance.CommentsClose CommentsPermalink
Sec. 602. Basic Allowance for Housing for two-member couples when one is on sea duty.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 certain 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 payment of other title 37 bonuses and special pay.CommentsClose CommentsPermalink
Sec. 615. One-year extension of authorities relating to payment of referral bonuses.CommentsClose CommentsPermalink
Sec. 616. Ineligiblity of certain Federal Government employees for income replacement payments.CommentsClose CommentsPermalink
Subtitle C--Travel and Transportation Allowances
Sec. 621. Authorized travel and transportation for designated person attendance at Yellow Ribbon Reintegration events.CommentsClose CommentsPermalink
Subtitle D--Retired Pay, Former Spouse, and Survivor Matters
Sec. 631. Expansion of eligibility for concurrent receipt of retired pay and disability compensation.CommentsClose CommentsPermalink
Sec. 632. Authorization to submit application for direct payment.CommentsClose CommentsPermalink
Sec. 633. Survivor Benefit Plan: extension of period for election deemed to have been made.CommentsClose CommentsPermalink
Sec. 634. Prohibit court-ordered payments before retirement based on imputation of retired pay.CommentsClose CommentsPermalink
Sec. 635. Authority for multiple beneficiary designations under Survivor Benefit Plan.CommentsClose CommentsPermalink
Sec. 636. Authority for designation of responsibility for payment of premiums for coverage under Survivor Benefit Plan.CommentsClose CommentsPermalink
Sec. 637. Establishment of presumptive proportionate share for former spouse survivor annuity under Survivor Benefit Plan.CommentsClose CommentsPermalink
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Administration
Sec. 701. 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. 702. Health professions financial assistance program for civilians.CommentsClose CommentsPermalink
Sec. 703. Age for health care professional appointments and mandatory retirements.CommentsClose CommentsPermalink
Sec. 704. Reimbursement for costs of health care provided to ineligible individuals who are dependents or former dependents.CommentsClose CommentsPermalink
Sec. 705. Clarification of authority for transfer of medical records from the Department of Defense to the Department of Veterans Affairs.CommentsClose CommentsPermalink
Subtitle B--Other Matters
Sec. 711. Updated terminology for the Medical Service Corps.CommentsClose CommentsPermalink
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures, and Limitation
Sec. 801. Repeal of Small Business Competitiveness Demonstration Program.CommentsClose CommentsPermalink
Sec. 802. Permanent authority for Defense Acquisition Challenge Program.CommentsClose CommentsPermalink
Sec. 803. Increase in amount of discretionary technical assistance authorized under Small Business Innovation Research Program.CommentsClose CommentsPermalink
Sec. 804. Limited authority under Small Business Innovation Research and Small Business Technology Transfer programs to use program funds for administrative and program management costs.CommentsClose CommentsPermalink
Sec. 805. Revision and four-year extension of test program for negotiation of comprehensive small business subcontracting plans.CommentsClose CommentsPermalink
Sec. 806. Inclusion of major subprograms to major defense acquisition programs under various acquisition-related requirements.CommentsClose CommentsPermalink
Subtitle B--Other Matters
Sec. 811. Five-year extension of Department of Defense Mentor-Protege Program.CommentsClose CommentsPermalink
Sec. 812. Authority for working-capital funded Army industrial facilities and arsenals to sell articles and services outside the Department of Defense.CommentsClose CommentsPermalink
Sec. 813. Clarification of requirements for hand or measuring tools.CommentsClose CommentsPermalink
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. 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. 902. Repeal of personnel limitations applicable to certain defense-wide organizations and revisions to limitation applicable to Office of the Secretary of Defense.CommentsClose CommentsPermalink
Sec. 903. 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. 904. Increase in authorized number of Defense Intelligence Senior Executive Service positions.CommentsClose CommentsPermalink
Sec. 905. Revisions to policy on development and procurement of unmanned systems.CommentsClose CommentsPermalink
Sec. 906. Improvements to structure and functioning of Joint Requirements Oversight Council.CommentsClose CommentsPermalink
Sec. 907. Consolidation and reorganization of statutory authority for destruction of United States stockpile of lethal chemical agents and munitions.CommentsClose CommentsPermalink
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Authority for payment of full replacement value for loss or damage to household goods in limited cases not covered by carrier liability.CommentsClose CommentsPermalink
Sec. 1002. Advance notice to Congress of transfer of funds from a working-capital fund.CommentsClose CommentsPermalink
Sec. 1003. Repeal of requirement for annual joint report from Office of Management and Budget and Congressional Budget Office on scoring of outlays in defense budget function.CommentsClose CommentsPermalink
Sec. 1004. Authority to establish Readiness Reserve Subaccount in the Transportation Working-Capital Fund.CommentsClose CommentsPermalink
Sec. 1005. Repeal of requirement for separate budget request for procurement of equipment for reserve components of the Armed Forces.CommentsClose CommentsPermalink
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Increase in tonnage criterion for application of limitation on disposal of naval vessels to foreign nations.CommentsClose CommentsPermalink
Sec. 1012. Revisions to authority regarding sales of vessels stricken from the Naval Register.CommentsClose CommentsPermalink
Subtitle C--Other Matters
Sec. 1031. Conforming and updating amendments to title 10, United States Code.CommentsClose CommentsPermalink
Sec. 1032. Technical and clerical amendments to correct obsolete cross-reference.CommentsClose CommentsPermalink
Sec. 1033. Revision to report requirement relating to support of military museums.CommentsClose CommentsPermalink
Sec. 1034. Authority to make excess nonlethal supplies available for domestic emergency assistance.CommentsClose CommentsPermalink
Sec. 1035. Sale of surplus military equipment to State and local homeland security and emergency management agencies.CommentsClose CommentsPermalink
Sec. 1036. Enhanced authority for servicemembers and Department of defense civilian employees and their family members to accept gifts from non-federal entities.CommentsClose CommentsPermalink
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. 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. 1102. Mileage reimbursement for privately owned vehicles.CommentsClose CommentsPermalink
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Sec. 1201. Additional nations to which cataloging data and services may be provided under Arms Export Control Act on no-cost, reciprocal basis.CommentsClose CommentsPermalink
Sec. 1202. Authorization of appropriations for Afghanistan Security Forces Fund.CommentsClose CommentsPermalink
TITLE XIII--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1301. Working capital funds.CommentsClose CommentsPermalink
Sec. 1302. National Defense Sealift Fund.CommentsClose CommentsPermalink
Sec. 1303. Defense Coalition Acquisition Fund.CommentsClose CommentsPermalink
Sec. 1304. Chemical Agents and Munitions Destruction, Defense.CommentsClose CommentsPermalink
Sec. 1305. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink
Sec. 1306. Defense Inspector General.CommentsClose CommentsPermalink
Sec. 1307. Defense Health Program.CommentsClose CommentsPermalink
Subtitle B--Armed Forces Retirement Home
Sec. 1321. Authorization of appropriations for Armed Forces Retirement Home.CommentsClose CommentsPermalink
TITLE XIV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS FOR FISCAL YEAR 2011
Sec. 1401. Purpose.CommentsClose CommentsPermalink
Sec. 1402. Army procurement.CommentsClose CommentsPermalink
Sec. 1403. Joint Improvised Explosive Defeat Fund.CommentsClose CommentsPermalink
Sec. 1404. Navy and Marine Corps procurement.CommentsClose CommentsPermalink
Sec. 1405. Air Force procurement.CommentsClose CommentsPermalink
Sec. 1406. Mine Resistant Ambush Protected Vehicle Fund.CommentsClose CommentsPermalink
Sec. 1407. Defense-wide activities procurement.CommentsClose CommentsPermalink
Sec. 1408. Research, development, test, and evaluation.CommentsClose CommentsPermalink
Sec. 1409. Operation and maintenance.CommentsClose CommentsPermalink
Sec. 1410. Military personnel.CommentsClose CommentsPermalink
Sec. 1411. Working capital funds.CommentsClose CommentsPermalink
Sec. 1412. Defense Health Program.CommentsClose CommentsPermalink
Sec. 1413. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink
Sec. 1414. Defense Inspector General.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
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2102. Family housing.CommentsClose CommentsPermalink
Sec. 2103. Improvements to military family housing units.CommentsClose CommentsPermalink
Sec. 2104. Authorization of appropriations, Army.CommentsClose CommentsPermalink
Sec. 2105. Extension of authorizations of certain fiscal year 2008 projects.CommentsClose CommentsPermalink
Sec. 2106. Modification of authority to carry out certain fiscal year 2009 project.CommentsClose CommentsPermalink
Sec. 2107. Modification of authority to carry out certain fiscal year 2010 project.CommentsClose CommentsPermalink
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2202. Family housing.CommentsClose CommentsPermalink
Sec. 2203. Improvements to military family housing units.CommentsClose CommentsPermalink
Sec. 2204. Authorization of appropriations, Navy.CommentsClose CommentsPermalink
Sec. 2205. Extension of authorization of certain fiscal year 2008 project.CommentsClose CommentsPermalink
Sec. 2206. Technical amendment to carry out certain fiscal year 2010 project.CommentsClose CommentsPermalink
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2302. Family housing.CommentsClose CommentsPermalink
Sec. 2303. Improvements to military family housing units.CommentsClose CommentsPermalink
Sec. 2304. Authorization of appropriations, Air Force.CommentsClose CommentsPermalink
Sec. 2305. Extension of authorization of certain fiscal year 2007 project.CommentsClose CommentsPermalink
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2402. Energy conservation projects.CommentsClose CommentsPermalink
Sec. 2403. Authorization of appropriations, Defense Agencies.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.CommentsClose CommentsPermalink
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2606. Authorization of appropriations, National Guard and Reserve.CommentsClose CommentsPermalink
Sec. 2607. Extension of authorizations of certain fiscal year 2008 projects.CommentsClose CommentsPermalink
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990.CommentsClose CommentsPermalink
Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink
Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Sec. 2801. Alternative use of proceeds from the sale of military family housing.CommentsClose CommentsPermalink
Sec. 2802. Increase in dollar thresholds for authorities relating to unspecified minor construction projects.CommentsClose CommentsPermalink
Sec. 2803. Enhanced authority for use of operation and maintenance funds for unspecified minor military construction projects in support of contingency operations.CommentsClose CommentsPermalink
Sec. 2804. Further enhancements to Department of Defense Homeowners Assistance Program.CommentsClose CommentsPermalink
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONSCommentsClose CommentsPermalink
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONSCommentsClose CommentsPermalink
TITLE I--PROCUREMENTCommentsClose CommentsPermalink
TITLE I--PROCUREMENTCommentsClose 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, $5,976,867,000.CommentsClose CommentsPermalink
(2) For missiles, $1,887,437,000.CommentsClose CommentsPermalink
(3) For weapons and tracked combat vehicles, $1,723,561,000.CommentsClose CommentsPermalink
(4) For ammunition, $1,979,414,000.CommentsClose CommentsPermalink
(5) For other procurement, $9,765,808,000.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, $18,508,613,000.CommentsClose CommentsPermalink
(2) For weapons, including missiles and torpedoes, $3,359,794,000.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 $1,344,044,000.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, $15,366,508,000.CommentsClose CommentsPermalink
(2) For ammunition, $667,420,000.CommentsClose CommentsPermalink
(3) For missiles, $5,463,272,000.CommentsClose CommentsPermalink
(4) For other procurement, $17,845,380,000.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 $4,280,368,000.CommentsClose CommentsPermalink
SEC. 105. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2011 for the Joint Improvised Explosive Device Defeat Fund in the amount of $215,868,000.CommentsClose CommentsPermalink
SEC. 106. DEFENSE PRODUCTION ACT PURCHASES.
Funds are hereby authorized to be appropriated for fiscal year 2011 for Defense Production Act purchases in the amount of $28,746,000.CommentsClose CommentsPermalink
SEC. 107. MULTIYEAR PROCUREMENT AUTHORITY FOR MH-60R/S MISSION AVIONICS AND COMMON COCKPITS NAVY AIRCRAFT PROGRAM.
(a) Authority for Multiyear Procurement-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to
(2) AVAILABILITY OF APPROPRIATIONS- A multiyear contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose.CommentsClose CommentsPermalink
(3) SUBMISSION OF WRITTEN CERTIFICATION BY SECRETARY OF DEFENSE- For purposes of paragraph (1), the term ‘March 1 of the year in which the Secretary requests legislative authority to enter into such contract’ in section 2306b(i)(1) of such title shall be deemed to be a reference to March 1, 2011.CommentsClose CommentsPermalink
(b) Authority for Advance Procurement- The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2011, for advance procurement of MH-60R/S Mission Avionics and Common Cockpits for which authorization to enter into a multiyear procurement contract is granted under subsection (a).CommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATIONCommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATIONCommentsClose 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, $10,333,392,000.CommentsClose CommentsPermalink
(2) For the Navy, $17,693,496,000.CommentsClose CommentsPermalink
(3) For the Air Force, $27,247,302,000.CommentsClose CommentsPermalink
(4) For Defense-wide activities, $20,856,510,000, of which $194,910,000 is authorized for the Director of Operational Test and Evaluation.CommentsClose CommentsPermalink
SEC. 202. REPEAL OF PROHIBITON OF CERTAIN CONTRACTS BY MISSILE DEFENSE AGENCY WITH FOREIGN ENTITIES.
Section 222 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (
TITLE III--OPERATION AND MAINTENANCECommentsClose CommentsPermalink
TITLE III--OPERATION AND MAINTENANCECommentsClose CommentsPermalink
Subtitle A--Authorization of AppropriationsCommentsClose 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, $33,971,965,000.CommentsClose CommentsPermalink
(2) For the Navy, $38,134,308,000.CommentsClose CommentsPermalink
(3) For the Marine Corps, $5,590,340,000.CommentsClose CommentsPermalink
(4) For the Air Force, $36,844,512,000.CommentsClose CommentsPermalink
(5) For Defense-wide activities, $30,583,896,000.CommentsClose CommentsPermalink
(6) For the Army Reserve, $2,879,077,000.CommentsClose CommentsPermalink
(7) For the Navy Reserve, $1,367,764,000.CommentsClose CommentsPermalink
(8) For the Marine Corps Reserve, $285,234,000.CommentsClose CommentsPermalink
(9) For the Air Force Reserve, $3,301,035,000.CommentsClose CommentsPermalink
(10) For the Army National Guard, $6,572,704,000.CommentsClose CommentsPermalink
(11) For the Air National Guard, $5,941,143,000.CommentsClose CommentsPermalink
(12) For the United States Court of Appeals for the Armed Forces, $14,068,000.CommentsClose CommentsPermalink
(13) For the Acquisition Workforce Development Fund, $217,561,000.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, $276,546,000.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
(21) For the Overseas Contingency Operations Transfer Fund, $5,000,000.CommentsClose CommentsPermalink
Subtitle B--Environmental ProvisionsCommentsClose CommentsPermalink
Subtitle B--Environmental ProvisionsCommentsClose CommentsPermalink
SEC. 311. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED PENALTIES IN CONNECTION WITH NAVAL AIR STATION, BRUNSWICK, MAINE.
(a) Authority To Transfer Funds-CommentsClose CommentsPermalink
(1) TRANSFER AMOUNT- Using funds described in subsection (b) and notwithstanding
(2) PURPOSE OF TRANSFER- The payment under paragraph (1) 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 by the Navy to timely sample certain monitoring wells pursuant to a schedule included in a Federal Facility Agreement.CommentsClose CommentsPermalink
(3) FEDERAL FACILITY AGREEMENT- The stipulated penalty described in paragraph (2) is provided for in the Federal Facility Agreement entered into by the Department of the Navy and the Environmental Protection Agency for Naval Air Station, Brunswick, on October 19, 1990.CommentsClose CommentsPermalink
(b) Source of Funds- Any payment under subsection (a) shall be made using funds authorized to be appropriated for fiscal year 2011 for the Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink
(c) Use of Funds- The Environmental Protection Agency shall accept the amount transferred under subsection (a) as payment of the penalty described under paragraph (2) of such subsection.CommentsClose CommentsPermalink
SEC. 312. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED FOR THE NATIONAL DEFENSE.
(a) Improvements to Act- The Sikes Act (
(1) DEFINITION OF STATE-OWNED NATIONAL GUARD INSTALLATION- Section 100 (
(A) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; andCommentsClose CommentsPermalink
(B) by inserting after paragraph (1) the following new paragraphs (2) and (3):CommentsClose CommentsPermalink
‘(2) STATE- The term ‘State’ means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.CommentsClose CommentsPermalink
‘(3) STATE-OWNED NATIONAL GUARD INSTALLATION- The term ‘State-owned National Guard installation’ means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32, United States Code, with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense.’.CommentsClose CommentsPermalink
(2) FUNDING OF INTEGRATED NATURAL RESOURCES MANAGEMENT PLANS- Section 101 (
(A) in subsection (a)(1)(B)--CommentsClose CommentsPermalink
(i) by inserting ‘(i)’ before ‘To facilitate’; andCommentsClose CommentsPermalink
(ii) by adding at the end the following new clause:CommentsClose CommentsPermalink
‘(ii) The Secretary of a military department may use appropriated funds to develop and implement an integrated natural resources management plan for a State-owned National Guard installation. Such a plan shall be developed and implemented in coordination with the chief executive officer of the State in which the State-owned National Guard installation is located. Such a plan shall be deemed, for purposes of any other provision of law, to be for lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use.’;CommentsClose CommentsPermalink
(B) in subsection (a)(2), by inserting ‘or State-owned National Guard installation’ after ‘military installation’ both places it appears;CommentsClose CommentsPermalink
(C) in subsection (a)(3)--CommentsClose CommentsPermalink
(i) by striking ‘and’ at the end of subparagraph (B);CommentsClose CommentsPermalink
(ii) by striking the period at the end of subparagraph (C) and inserting ‘; and’; andCommentsClose CommentsPermalink
(iii) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(D) the conservation and rehabilitation of natural resources on State-owned National Guard installations and sustainable multipurpose use of those installations.’;CommentsClose CommentsPermalink
(D) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; andCommentsClose CommentsPermalink
(E) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
‘(c) Required Elements of Plans for State-Owned National Guard Installations- Each integrated natural resources management plan for a State-owned National Guard installation that is prepared under subsection (a)(1)(B)(ii)--CommentsClose CommentsPermalink
‘(1) shall, to the extent appropriate and applicable, provide for--CommentsClose CommentsPermalink
‘(A) fish and wildlife management, land management, forest management, and fish and wildlife oriented recreation;CommentsClose CommentsPermalink
‘(B) fish and wildlife habitat enhancement or modification;CommentsClose CommentsPermalink
‘(C) wetland protection, enhancement, and restoration where necessary for support of fish, wildlife, or plants;CommentsClose CommentsPermalink
‘(D) integration of, and consistency among, the various activities conducted under the plan;CommentsClose CommentsPermalink
‘(E) establishment of specific natural resource management goals and objectives and time frames of proposed action;CommentsClose CommentsPermalink
‘(F) sustainable use by the public of natural resources to the extent that the use is not inconsistent with the needs of fish and wildlife resources;CommentsClose CommentsPermalink
‘(G) public access to the State-owned National Guard installation that is necessary or appropriate for the use described in subparagraph (F), subject to requirements necessary to ensure safety and military security;CommentsClose CommentsPermalink
‘(H) enforcement of applicable natural resource laws (including regulations);CommentsClose CommentsPermalink
‘(I) no net loss in the capability of State-owned National Guard installation lands to support the military mission of the installation; andCommentsClose CommentsPermalink
‘(J) such other activities as the Secretary of a military department determines appropriate; andCommentsClose CommentsPermalink
‘(2) must be reviewed as to operation and effect by the parties thereto on a regular basis, but not less often than every 5 years.’.CommentsClose CommentsPermalink
(3) COOPERATIVE AGREEMENTS- Section 103a(a) (
16 U.S.C. 670c-1(a) ) is amended--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘Department of Defense installations’ and inserting ‘military installations and State-owned National Guard installations’; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘a Department of Defense installation’ and inserting ‘a military installation or State-owned National Guard installation’.CommentsClose CommentsPermalink
(b) Section and Subsection Headings- Such Act is further amended as follows:CommentsClose CommentsPermalink
(1) Section 101 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.’;
(B) by striking ‘Sec. 101.’;CommentsClose CommentsPermalink
(C) in subsection (d), as redesignated by subsection (a)(2)(D) of this section, by inserting ‘Prohibitions on Sale and Lease of Lands Unless Effects Compatible With Plan- ’ after ‘(d)’;CommentsClose CommentsPermalink
(D) in subsection (e), as redesignated by subsection (a)(2)(D) of this section, by inserting ‘Implementation and Enforcement of Integrated Natural Resources Management Plans- ’ after ‘(e)’; andCommentsClose CommentsPermalink
(E) in subsection (f), as redesignated by subsection (a)(2)(D) of this section, by inserting ‘Applicability of Other Laws- ’ after ‘(f)’;CommentsClose CommentsPermalink
(2) Section 102 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.’;
(B) by striking ‘Sec. 102.’ and inserting ‘(a) Integrated Natural Resources Management Plan- ’; andCommentsClose CommentsPermalink
(C) by striking ‘agency:’ and all that follows through ‘possession’ and inserting ‘agency.CommentsClose CommentsPermalink
‘(b) Applicability of Other Laws- Possession’.CommentsClose CommentsPermalink
(3) Section 103a (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT ON INSTALLATIONS.’;
(B) by striking ‘Sec. 103a.’;CommentsClose CommentsPermalink
(C) in subsection (a), by inserting ‘Authority of Secretary of Military Department- ’ after ‘(a)’; andCommentsClose CommentsPermalink
(D) in subsection (c), by inserting ‘Availability of Funds; Agreements Under Other Laws- ’ after ‘(c)’.CommentsClose CommentsPermalink
(4) Section 104 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER GENERAL.’;
andCommentsClose CommentsPermalink
(B) by striking ‘Sec. 104.’.CommentsClose CommentsPermalink
(5) Section 105 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS.’;
andCommentsClose CommentsPermalink
(B) by striking ‘Sec. 105.’.CommentsClose CommentsPermalink
(6) Section 108 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 108. APPROPRIATIONS AND EXPENDITURES.’;
(B) by striking ‘Sec. 108.’;CommentsClose CommentsPermalink
(C) in subsection (a), by inserting ‘Expenditures Exclusively Under Integrated Natural Resources Management Plans; Availability of Funds Until Expended- ’ after ‘(a)’;CommentsClose CommentsPermalink
(D) in subsection (b), by inserting ‘Authorization of Appropriations to Secretary of Defense- ’ after ‘(b)’;CommentsClose CommentsPermalink
(E) in subsection (c), by inserting ‘Authorization of Appropriations to Secretary of the Interior- ’ after ‘(c)’; andCommentsClose CommentsPermalink
(F) in subsection (d), by inserting ‘Use of Other Conservation or Rehabilitation Authorities- ’ after ‘(d)’.CommentsClose CommentsPermalink
(7) Section 201 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND REHABILITATION PROGRAMS; COOPERATION BETWEEN SECRETARY OF INTERIOR, SECRETARY OF AGRICULTURE, AND STATE AGENCIES IN PLANNING, ETC., IN ACCORDANCE WITH COMPREHENSIVE PLANS; SCOPE AND IMPLEMENTATION OF PROGRAMS.’;
(B) by striking ‘Sec. 201.’;CommentsClose CommentsPermalink
(C) in subsection (a), by inserting ‘Conservation and Rehabilitation Programs- ’ after ‘(a)’; andCommentsClose CommentsPermalink
(D) in subsection (b), by inserting ‘Implementation of Programs- ’ after ‘(b)’.CommentsClose CommentsPermalink
(8) Section 202 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION PROGRAMS.’;
(B) by striking ‘Sec. 202.’;CommentsClose CommentsPermalink
(C) in subsection (a), by inserting ‘Development by Secretary of Interior and Secretary of Agriculture; Consultation With State Agencies; Prior Written Approval of Concerned Federal Agencies- ’ after ‘(a)’;CommentsClose CommentsPermalink
(D) in subsection (b), by inserting ‘Development Consistent With Overall Land Use and Management Plans; Hunting, Trapping, and Fishing Authorized in Accordance With Applicable State Laws and Regulations- ’ after ‘(b)’;CommentsClose CommentsPermalink
(E) in subsection (c), by inserting ‘Cooperative Agreements by State Agencies for Implementation of Programs; Modification; Contents; Hunting, Trapping and Fishing Authorized in Accordance With Applicable State Laws and Regulations; Regulations- ’ after ‘(c)’; andCommentsClose CommentsPermalink
(F) in subsection (d), by inserting ‘State Agency Agreements Not Cooperative Agreements Under Other Provisions- ’ after ‘(d)’.CommentsClose CommentsPermalink
(9) Section 203 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS; AGREEMENT BETWEEN STATE AGENCIES AND SECRETARY OF INTERIOR AND SECRETARY OF AGRICULTURE REQUIRING STAMPS FOR HUNTING, TRAPPING, AND FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS; CONDITIONS OF AGREEMENT.’;
andCommentsClose CommentsPermalink
(B) by striking ‘Sec. 203.’.CommentsClose CommentsPermalink
(10) Section 204 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 204. ENFORCEMENT PROVISIONS.’;
(B) by striking ‘Sec. 204.’;CommentsClose CommentsPermalink
(C) in subsection (a), by inserting ‘Violations and Penalties- ’ after ‘(a)’;CommentsClose CommentsPermalink
(D) in subsection (b), by inserting ‘Designation of Enforcement Personnel Powers; Issuance of Arrest Warrants; Trial and Sentencing by United States Magistrate Judges- ’after ‘(b)’;CommentsClose CommentsPermalink
(E) in subsection (c), by inserting ‘Seizure and Forfeiture of Equipment and Vessels- ’ after ‘(c)’; andCommentsClose CommentsPermalink
(F) in subsection (d), by inserting ‘Applicability of Customs Laws to Seizures and Forfeitures; Exceptions- ’ after ‘(d)’.CommentsClose CommentsPermalink
(11) Section 205 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 205. DEFINITIONS.’;
andCommentsClose CommentsPermalink
(B) by striking ‘Sec. 205.’.CommentsClose CommentsPermalink
(12) Section 206 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 206. APPLICABILITY TO FOREST SERVICE AND BUREAU OF LAND MANAGEMENT LANDS OF PUBLIC LAND MANAGEMENT AREA STAMP REQUIREMENTS; AUTHORIZED FEES.’;
andCommentsClose CommentsPermalink
(B) by striking ‘Sec. 206.’.CommentsClose CommentsPermalink
(13) Section 207 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 207. INDIAN RIGHTS UNAFFECTED; STATE OR FEDERAL JURISDICTION REGULATING INDIAN RIGHTS PRESERVED.’;
andCommentsClose CommentsPermalink
(B) by striking ‘Sec. 207.’.CommentsClose CommentsPermalink
(14) Section 209 (
(A) by inserting at the beginning the following:CommentsClose CommentsPermalink
‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS.’;
(B) by striking ‘Sec. 209.’;CommentsClose CommentsPermalink
(C) in subsection (a), by inserting ‘Functions and Responsibilities of Secretary of the Interior- ’ after ‘(a)’;CommentsClose CommentsPermalink
(D) in subsection (b), by inserting ‘Functions and Responsibilities of Secretary of Agriculture- ’ after ‘(b)’;CommentsClose CommentsPermalink
(E) in subsection (c), by inserting ‘Use of Other Conservation or Rehabilitation Authorities- ’ after ‘(c)’; andCommentsClose CommentsPermalink
(F) in subsection (d), by inserting ‘Contract Authority Respecting Property, Services or Assistance Affecting State Agencies; Appropriations Require-ment- ’ after ‘(d)’.CommentsClose CommentsPermalink
(c) Codification of Change of Name- Section 204(b) of such Act (
(d) Repeal of Obsolete Section- Section 208 of such Act is repealed.CommentsClose CommentsPermalink
Subtitle C--Workplace and Depot IssuesCommentsClose CommentsPermalink
Subtitle C--Workplace and Depot IssuesCommentsClose CommentsPermalink
SEC. 321. PUBLIC-PRIVATE PARTNERSHIPS BETWEEN ARMY INDUSTRIAL FACILITIES AND PRIVATE ENTITIES.
(a) Expanded Authority-
(1) in subsection (a), by striking the last sentence;CommentsClose CommentsPermalink
(2) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (1), by inserting ‘multiyear’ after ‘fixed-price’;CommentsClose CommentsPermalink
(B) by striking paragraph (2); andCommentsClose CommentsPermalink
(C) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; andCommentsClose CommentsPermalink
(3) by striking subsection (k).CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall take effect on the earlier of the effective date of any regulations prescribed to implement those amendments or the date that is 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
Subtitle D--Other MattersCommentsClose CommentsPermalink
Subtitle D--Other MattersCommentsClose CommentsPermalink
SEC. 331. REFINED PETROLEUM PRODUCTS, MARGINAL EXPENSE TRANSFER ACCOUNT.
(a) In General- Chapter 131 of title 10, United States Code, is amended by inserting after section 2228 the following new section:CommentsClose CommentsPermalink
‘Sec. 2228a. Refined petroleum products, marginal expense transfer account
‘(a) Account- There is established in the Treasury the ‘Refined Petroleum Products, Marginal Expense Transfer Account’ (‘Transfer Account’). During any fiscal year, amounts in the Transfer Account shall be available without further appropriation to pay the marginal costs needed to purchase up to the quantity of refined petroleum products specified in the fiscal year budget request for use by Department of Defense entities for such year.CommentsClose CommentsPermalink
‘(b) Calculation of Marginal Costs- Marginal costs shall be calculated as the difference between the actual market prices paid by the Department of Defense for the refined petroleum products in a fiscal year and the prices specified for the purchase of such products in the President’s budget for that year.CommentsClose CommentsPermalink
‘(c) Transfer of Funds- (1) During the course of any fiscal year, amounts sufficient to pay the marginal costs under subsection (a) shall be transferred from the Transfer Account to the Defense-Wide Working Capital Fund.CommentsClose CommentsPermalink
‘(2) To the extent that the price specified for the purchase of refined petroleum products in the President’s budget submission for a fiscal year exceed the actual market prices paid by the Department for such products purchased in that year, the difference in price shall be transferred from the Defense-Wide Working Capital Fund to the Transfer Fund and such amounts shall be cancelled.CommentsClose CommentsPermalink
‘(3) The transfer of such additional amount needed, amounts not needed through August, and an estimate for September should be transferred before the end of the fiscal year, with a final accounting and transfer within 60 days after the end of the fiscal year.CommentsClose CommentsPermalink
‘(4) The transfer authority provided by this section is in addition to any other transfer authority available to the Department of Defense.CommentsClose CommentsPermalink
‘(d) Authorization of Appropriations- There is appropriated to the Transfer Account such sums as may be necessary to carry out 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 2228 the following new item:CommentsClose CommentsPermalink
‘2228a. Refined petroleum products, marginal expense transfer account.’.CommentsClose CommentsPermalink
SEC. 332. FOUR-YEAR EXTENSION OF AUTHORITY TO PROVIDE LOGISTICS SUPPORT AND SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 365(g)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (
SEC. 333. PERMANENT AUTHORITY FOR REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS OPERATIONS.
Section 1014 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (
(1) in subsection (a), by inserting ‘annually’ after ‘may be used’;CommentsClose CommentsPermalink
(2) by striking subsection (b);CommentsClose CommentsPermalink
(3) by redesignating subsection (c) as subsection (b); andCommentsClose CommentsPermalink
(4) in subsection (b), as redesignated by paragraph (3)--CommentsClose CommentsPermalink
(A) by striking ‘during which the authority to pay for meals under subsection (a) is in effect’; andCommentsClose CommentsPermalink
(B) by striking ‘such authority’ and inserting ‘the authority to pay for meals under subsection (a)’.CommentsClose CommentsPermalink
SEC. 334. 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
(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- 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
(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. 335. PROCEEDS FROM ARMY POST LAUNDRY FACILITIES.
(a) Authority To Retain Receipts- Chapter 437 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘Sec. 4596. Army post laundries: disposition of receipts
‘(a) Use of Proceeds- Money received for laundry work performed by Army post laundries shall be used to pay the cost of maintenance and operation of those laundries. Any amount remaining at the end of the fiscal year after the cost has been so paid shall be deposited in the Treasury to the credit of the appropriation from which the cost of operating the laundries is paid.CommentsClose CommentsPermalink
‘(b) Public Funds- The receipts and expenditures of Army post laundries shall be accounted for as public funds.’.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
‘4596. Army post laundries: disposition of receipts.’.CommentsClose CommentsPermalink
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink
Subtitle A--Active ForcesCommentsClose 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 TO PERMANENT END STRENGTH LEVELS FOR THE NAVY AND AIR FORCE.
(1) in paragraph (2), by striking ‘328,800’ and inserting ‘324,300’; andCommentsClose CommentsPermalink
(2) in paragraph (4), by striking ‘331,700’ and inserting ‘332,200’.CommentsClose CommentsPermalink
Subtitle B--Reserve ForcesCommentsClose 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
(1) For the Army Reserve, 8,537.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
(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 453.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
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
(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
SEC. 416. NAVY RESERVE FLAG OFFICER ALLOCATION; REMOVAL OF STATUTORY DISTRIBUTION LIMITS.
Subtitle C--Authorization of AppropriationsCommentsClose CommentsPermalink
Subtitle C--Authorization of AppropriationsCommentsClose CommentsPermalink
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations- There is hereby authorized to be appropriated for military personnel for fiscal year 2011 a total of $127,668,630,000.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 AUTHORIZATIONSCommentsClose CommentsPermalink
TITLE V--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink
Subtitle A--Officer Personnel PolicyCommentsClose CommentsPermalink
Subtitle A--Officer Personnel PolicyCommentsClose CommentsPermalink
SEC. 501. PROMOTION LIST REMOVAL ACTIONS.
(a) Active-Duty List-
(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 by adding at the end the following new subsection: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. 502. TECHNICAL REVISIONS TO DEFINITION OF ‘JOINT MATTERS’ FOR PURPOSES OF JOINT OFFICER MANAGEMENT.
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking ‘multiple’ and inserting ‘integrated’; andCommentsClose CommentsPermalink
(B) by striking ‘and’ at the end of the subparagraph (D) and inserting ‘or’; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking ‘multiple’ and inserting ‘integrated’; andCommentsClose CommentsPermalink
(B) by striking ‘participants from’ and all that follows and inserting ‘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. 503. ELIGIBILITY OF OFFICERS TO SERVE ON BOARDS OF INQUIRY FOR SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE AND OTHER REASONS.
(a) Active Duty-
(1) in subsection (a), by striking paragraphs (2) and (3) and inserting the following: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 and 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 ‘officer--’ and all that follows through the period at the end and inserting ‘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 as board members to those otherwise qualified officers who, in the opinion of the Secretary, are suited for that duty by reason of age, education, training, experience, length of service, and 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: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 and 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 as board members to those otherwise qualified officers who, in the opinion of the Secretary, are suited for that duty by reason of age, education, training, experience, length of service, and temperament.’.CommentsClose CommentsPermalink
SEC. 504. TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF COMMISSIONED SERVICE REQUIRED FOR VOLUNTARY RETIREMENT AS AN OFFICER.
(a) Army-
(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
SEC. 505. CONTINUATION OF WARRANT OFFICERS ON ACTIVE DUTY TO COMPLETE DISCIPLINARY ACTION.
(a) In General- Chapter 33A of title 10, United States Code, is amended by inserting after section 580a following new section:CommentsClose CommentsPermalink
‘Sec. 580b. Continuation of warrant officers on active duty to complete disciplinary action
‘When any action has been commenced against a warrant officer with a view to trying such officer by court-martial and such warrant officer is to be separated or retired in accordance with this chapter, the Secretary of the military department concerned may delay the separation or retirement of the officer, without prejudice to such action, until the completion of the action.’.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 580a the following new item:CommentsClose CommentsPermalink
‘580b. Continuation of warrant officers on active duty to complete disciplinary action.’.CommentsClose CommentsPermalink
SEC. 506. AUTHORITY TO DESIGNATE CERTAIN INACTIVE RESERVE OFFICERS AS NOT TO BE CONSIDERED FOR SELECTION FOR PROMOTION.
‘(i) Certain Officers Not To Be Considered for Selection for Promotion- The Secretary concerned may provide that an officer who is in an active status but in a duty status in which the only points the officer accrues under section 12732(a)(2) of this title are pursuant to subparagraph (C)(i) of such section (relating to membership in a reserve component) shall not be considered for selection for promotion at any time the officer otherwise would be so considered. The officer may remain on the reserve active-status list.’.CommentsClose CommentsPermalink
SEC. 507. NONDISCLOSURE OF INFORMATION FROM DISCUSSIONS, DELIBERATIONS, NOTES AND RECORDS OF SPECIAL SELECTION BOARDS.
(a) Nondisclosure of Board Proceedings-
(1) in subsection (a), by striking ‘section 611’ and all that follows through ‘the board’ and inserting the following: ‘sections 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 by this title to process the board’s report. The prohibition in the preceding sentence is an exemption by statute referred to in paragraph (3) of section 552(b) 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 ‘576(d) and 576(f)’ and inserting ‘576(d), 576(f), and 613a’.CommentsClose CommentsPermalink
(c) Reserve Boards- Section 14104 of such title, is amended--CommentsClose CommentsPermalink
(1) in subsection (a), by striking ‘section 14101’ and all that follows and inserting ‘sections 14101 or 14502 of this title may not be disclosed to any person not a member of the board except as authorized or required by this title to process the board’s report.’;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 sections 14502 of this title, regardless of the date on which the board was convened.’.CommentsClose CommentsPermalink
SEC. 508. CHANGES TO PROCESS INVOLVING PROMOTION BOARDS FOR JOINT QUALIFIED OFFICERS AND OFFICERS WITH JOINT STAFF EXPERIENCE.
(a) Board Composition-
(1) by striking ‘serving in, or have served in, joint duty assignments’ and inserting ‘officers who are serving on, or have served on, the Joint Staff or are joint qualified officers’;CommentsClose CommentsPermalink
(2) by striking ‘currently serving in a joint duty assignment’ and inserting ‘is a joint qualified officer’; andCommentsClose CommentsPermalink
(3) by inserting before the period at the end the following: ‘or in the case of a 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 paragraphs (2)(A) and (2)(B), 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. 509. 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
(2) APPOINTING AUTHORITY- The second sentence of such section 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 concerned’.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 13384 (
Subtitle B--General Service AuthoritiesCommentsClose CommentsPermalink
Subtitle B--General Service AuthoritiesCommentsClose CommentsPermalink
SEC. 511. AUTHORITY FOR ASSIGNMENT OF AIR FORCE RESERVE MILITARY TECHNICIANS (DUAL STATUS) TO POSITIONS OUTSIDE AIR FORCE RESERVE UNIT PROGRAM.
SEC. 512. AUTHORITY FOR SERVICE COMMITMENT FOR RESERVISTS WHO ACCEPT FELLOWSHIPS, SCHOLARSHIPS, OR GRANTS TO BE PERFORMED IN THE SELECTED RESERVE.
(a) In General-
(b) Effective Date- The amendment made by subsection (a) shall apply to agreements entered into under
SEC. 513. ACTIVE DUTY OBLIGATION FOR GRADUATES OF THE MILITARY ACADEMIES PARTICIPATING IN THE HEALTH PROFESSIONS SCHOLARSHIP PROGRAM.
(a) United States Military Academy Graduates in the Health Professions Scholarship Program- Subsection (a) of
‘(4) That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in a program under section 2121 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 health care degree or training program.’.CommentsClose CommentsPermalink
(b) United States Naval Academy Graduates in the Health Professions Scholarship Program- Subsection (a) of
‘(4) That if an appointment described in paragraph (2) or (3) is tendered and the midshipman participates in a program under section 2121 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 health care degree or training program.’.CommentsClose CommentsPermalink
(c) United States Air Force Academy Graduates in the Health Professions Scholarship Program- Subsection (a) of
‘(4) That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in a program under section 2121 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 health care degree or training program.’.CommentsClose CommentsPermalink
SEC. 514. AUTHORITY FOR DIRECT APPOINTMENT OF GRADUATES OF THE UNITED STATES MERCHANT MARINE ACADEMY INTO THE NATIONAL GUARD.
SEC. 515. WEAR OF MILITARY UNIFORM BY MILITARY TECHNICIANS (DUAL STATUS) WHILE PERFORMING DUTIES AS A MILITARY TECHNICIAN (DUAL STATUS).
‘(4) Pursuant to regulations prescribed by the Secretary concerned, a military technician (dual status) may be required to wear the military uniform appropriate for the member’s grade while performing duties as a military technician (dual status).’.CommentsClose CommentsPermalink
SEC. 516. AUTHORITY FOR TEMPORARY EMPLOYMENT OF NON-DUAL STATUS MILITARY TECHNICIANS.
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking the period at the end of paragraph (2) and inserting ‘; or’; andCommentsClose CommentsPermalink
(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(3) was hired as a temporary employee for a period not to exceed two years to fill a vacancy created by the mobilization of a military technician (dual status) occupying a position under section 10216 of this title and the length of the temporary employment may not exceed the period of mobilization of the military technician (dual status) whose vacancy is being filled by the temporary employee.’; 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 two years, an individual to serve as a military technician (non-dual) status if the individual is placed in a position that was occupied by a military technician who is unable temporarily to perform the function of the position because of a contingency operation or as determined by the Secretary.CommentsClose CommentsPermalink
‘(2) An individual employed as a military technician (non-dual status) under paragraph (a) shall not be considered a non-dual status technician for the purposes of subsection (c).’.CommentsClose CommentsPermalink
Subtitle C--Education and TrainingCommentsClose CommentsPermalink
Subtitle C--Education and TrainingCommentsClose CommentsPermalink
SEC. 521. REPAYMENT OF EDUCATION LOAN REPAYMENT BENEFITS.
(a) Enlisted Members on Active Duty in Specified Military Specialties-
‘(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. 522. PARTICIPATION OF HEALTH PROFESSIONS SCHOLARSHIP RECIPIENTS IN ACTIVE DUTY HEALTH PROFESSION LOAN REPAYMENT PROGRAM.
‘(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 is required to complete the normal length of the course of study required for the specific health profession.’.CommentsClose CommentsPermalink
SEC. 523. ADJUST SOLOMON AMENDMENT FEDERAL REGISTER REPORTING REQUIREMENT.
SEC. 524. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS AUTHORIZED FOR ADMISSION TO NATIONAL DEFENSE UNIVERSITY.
SEC. 525. AUTHORITY FOR PERMANENT PROFESSORS AT THE UNITED STATES AIR FORCE ACADEMY TO HOLD COMMAND POSITIONS WHILE ON PERIODS OF SABBATICAL.
SEC. 526. MODIFICATION OF JUNIOR RESERVE OFFICERS’ TRAINING CORPS MINIMUM UNIT STRENGTH.
(1) in subsection (b)(1)--CommentsClose CommentsPermalink
(A) by striking ‘10 percent’ and all that follows through ‘8th grade’ and inserting ‘75, when total institutional enrollment does not exceed 1,000’; andCommentsClose CommentsPermalink
(B) by striking ‘whichever is less’ and inserting ‘if the total institutional enrollment is 1,000 or greater’;CommentsClose CommentsPermalink
(2) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; andCommentsClose CommentsPermalink
(3) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
‘(c) The Secretary concerned may waive the minimum enrollment requirement in subsection (b)(1) if the Secretary determines that such a waiver is in the best interests of the service or is necessary to provide a fair and equitable geographic distribution of units.’.CommentsClose CommentsPermalink
SEC. 527. INCREASE MAXIMUM AGE FOR PROSPECTIVE RESERVE OFFICER TRAINING CORPS SCHOLARSHIP RECIPIENTS.
(a) Eligibility for Financial Assistance- Subsection (a) of
(b) Eligibility for Members of Army Reserve and Army National Guard- Subsection (a)(1) of section 2107a of such title is amended by striking ‘31 years’ and inserting ‘35 years’.CommentsClose CommentsPermalink
SEC. 528. PAYMENT FOR SUPPLEMENTAL EDUCATIONAL ASSISTANCE UNDER POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM FROM DEPARTMENT OF DEFENSE EDUCATION BENEFITS FUND.
(a) Payment From DoD Education Benefits Fund-
(1) by striking ‘(b) Costs- Payments’ and inserting the following:CommentsClose CommentsPermalink
‘(b) Costs-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as provided in paragraph (2), payments’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) SUPPLEMENTAL EDUCATIONAL ASSISTANCE- Payments for supplemental educational assistance under section 3316 shall be made from the Department of Defense Education Benefits Fund established under section 2006 of title 10 or from appropriations available to the Department of Homeland Security for that purpose, as applicable.’.CommentsClose CommentsPermalink
(b) Department of Defense Funding of Assistance-
(1) in paragraph (1), by striking ‘chapter 30’ and inserting ‘chapters 30 and 33’; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by inserting ‘or 3316(a)’ after ‘3015(d)’; andCommentsClose CommentsPermalink
(B) in subparagraph (B)--CommentsClose CommentsPermalink
(i) by inserting ‘or section 3316(b)’ after ‘chapter 30’ in the matter preceding clause (i);CommentsClose CommentsPermalink
(ii) by striking ‘or’ at the end of clause (i);CommentsClose CommentsPermalink
(iii) by striking the period at the end of clause (ii) and inserting ‘; or’; andCommentsClose CommentsPermalink
(iv) by adding at the end the following new clause:CommentsClose CommentsPermalink
‘(iii) enter a period of service that will establish entitlement to such educational assistance under section 3316(b)(2) of such title, in the case of persons eligible for educational assistance under chapter 33 of such title.’.CommentsClose CommentsPermalink
Subtitle D--Military Justice and Legal MattersCommentsClose CommentsPermalink
Subtitle D--Military Justice and Legal MattersCommentsClose CommentsPermalink
SEC. 531. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN MILITARY JUSTICE PROCEEDINGS.
(a) In General- The text of
‘(a) Authority To Punish Contempt- A military judge detailed to any court-martial, a Court of Inquiry, the Court of Appeals for the Armed Forces, a military Court of Criminal Appeals, a provost court, or military commission may punish for contempt any person who--CommentsClose CommentsPermalink
‘(1) uses any menacing word, sign, or gesture in its presence;CommentsClose CommentsPermalink
‘(2) disturbs its proceedings by any riot or disorder; orCommentsClose CommentsPermalink
‘(3) willfully disobeys the lawful writ, process, order, rule, decree, or command of same.CommentsClose CommentsPermalink
‘(b) Punishment- The punishment for contempt under subsection (a) may not exceed confinement for 30 days or a fine of $1,000, or both.CommentsClose CommentsPermalink
‘(c) Inapplicability to Military Commissions Under Chapter 47A- This section does not apply to a military commission established under chapter 47A of this title.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall apply with respect to acts of contempt described in
SEC. 532. AUTHORITY TO COMPEL PRODUCTION OF DOCUMENTARY EVIDENCE PRIOR TO TRIAL IN MILITARY JUSTICE CASES.
(a) Subpoena Duces Tecum-
(1) in subsection (a)(1), by striking ‘board;’ and inserting ‘board or has been duly issued a subpoena duces tecum for an investigation, including an investigation pursuant to section 832(b) of this title (article 32(b)); and’; andCommentsClose CommentsPermalink
(2) in subsection (c), by striking ‘or board,’ and inserting ‘board, trial counsel, or convening authority,’.CommentsClose CommentsPermalink
(b) Repeal of Obsolete Provisions Relating to Fees and Mileage Payable to Witnesses- Such section is further amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking paragraph (2); andCommentsClose CommentsPermalink
(B) by redesignating paragraph (3) as paragraph (2); andCommentsClose CommentsPermalink
(2) by striking subsection (d).CommentsClose CommentsPermalink
(c) Technical Amendments- Subsection (a) of such section is further amended by striking ‘subpenaed’ in paragraphs (1) and (2) (as redesignated by subsection (b)(1)(B)) and inserting ‘subpoenaed’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by subsection (a) shall apply with respect to subpoenas issued after the date of the enactment of this Act.CommentsClose CommentsPermalink
Subtitle E--Decorations and AwardsCommentsClose CommentsPermalink
Subtitle E--Decorations and AwardsCommentsClose CommentsPermalink
SEC. 541. AUTHORITY FOR AWARD OF BRONZE STAR MEDAL TO MEMBERS OF MILITARY FORCES OF FRIENDLY FOREIGN NATIONS.
(a) Authority-
(1) by striking ‘awarded to a member’ and inserting ‘awarded to--CommentsClose CommentsPermalink
‘(1) a member’;CommentsClose CommentsPermalink
(2) by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) a member of the military forces of a friendly foreign nation whose action leading to a recommendation for award of the Bronze Star occurred in a geographic area for which members of the armed forces are authorized special pay under section 310 of title 37.’.CommentsClose CommentsPermalink
(b) Clerical Amendments-CommentsClose CommentsPermalink
(1) SECTION HEADING- The heading for such section is amended to read as follows:CommentsClose CommentsPermalink
‘Sec. 1133. Bronze Star: limitation to members receiving imminent danger pay and members of military services of friendly foreign nations in imminent-danger-pay areas’.
(2) TABLE OF SECTIONS- The item relating to such section in the table of sections at the beginning of chapter 57 of such title is amended to read as follows:CommentsClose CommentsPermalink
‘1133. Bronze Star: limitation to members receiving imminent danger pay and members of military services of friendly foreign nations in imminent-danger-pay areas.’.CommentsClose CommentsPermalink
(c) Effective Date- Paragraph (2) of
Subtitle F--Military Family Readiness MattersCommentsClose CommentsPermalink
Subtitle F--Military Family Readiness MattersCommentsClose CommentsPermalink
SEC. 551. ADDITIONAL MEMBER OF DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL.
(a) Addition of the Spouse of a General or Admiral- Paragraph (1) of
(b) Technical Amendment- Subparagraph (E) of such paragraph is amended by striking ‘the senior’ and all that follows through ‘member’ and inserting ‘the senior enlisted advisor, or the spouse of a senior enlisted member,’.CommentsClose CommentsPermalink
SEC. 552. REPEAL AUTOMATIC ENROLLMENT IN FAMILY SERVICEMEMBERS’ GROUP LIFE INSURANCE FOR MILITARY MEMBERS WHO ARE MARRIED TO OTHER MILITARY MEMBERS.
(1) in subparagraph (A)(ii), by inserting ‘other than a dependent who is also a member of a uniformed service and, because of such membership, automatically insured under this paragraph’ after ‘insurable dependent of the member’; andCommentsClose CommentsPermalink
(2) in subparagraph (C)(ii), by inserting ‘other than a dependent who is also a member of a uniformed service and, because of such membership, automatically insured under this paragraph’ after ‘insurable dependent of the member’.CommentsClose CommentsPermalink
SEC. 553. REVISED STRUCTURE AND FUNCTIONS OF THE RESERVE FORCES POLICY BOARD.
(a) In General-
‘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 National Guard and reserve components. The Board shall report directly to the Secretary to provide independent advice and recommendations to the Secretary on matters relating to the National Guard 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 National Guard 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 National Guard 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 Reserve Forces Policy Board.CommentsClose CommentsPermalink
‘(g) Inapplicability of Federal Advisory Committee Act- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.CommentsClose CommentsPermalink
‘(h) Employee Status and Compensation- (1) A member of the Board appointed under paragraph (1) or (6) of subsection (b) who is not, by reason of service other than service with the Board, an employee of the Federal Government or a member of the armed forces shall not be considered a Federal Government employee by reason of service on the Board except for the purposes of the following provisions of law:CommentsClose CommentsPermalink
‘(A) Chapter 57 of title 5, relating to travel and transportation.CommentsClose CommentsPermalink
‘(B) Chapter 81 of title 5, relating to compensation for work-related injuries.CommentsClose CommentsPermalink
‘(C) Chapter 171 of title 28 and any other Federal statute relating to tort liability.CommentsClose CommentsPermalink
‘(D) Chapter 73 of title 5, sections 201, 202, 203, 205, 207, 208, and 209 of title 18, and the Ethics in Government Act of 1978 (5 U.S.C. App.), relating to employee conduct, ethics, conflict of interest, and corruption.CommentsClose CommentsPermalink
‘(E) If the individual receives compensation under paragraph (2), applicable provisions of subchapters II and VIII of chapter 55 of title 5 (relating to pay withholdings and settlement of accounts), section 459 of the Social Security Act (
42 U.S.C. 659 ) (relating to garnishment for child support and alimony), and general employment laws that apply to the compensation of both Federal and non-Federal employees, such as the Federal Insurance Contributions Act.CommentsClose CommentsPermalink‘(2) A member of the Board described in paragraph (1) shall serve without compensation unless the Secretary of Defense approves payment of a rate of pay, subject to the limitation in section 5373 of title 5.’.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 withsection 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 ‘on any National Guard and reserve component matter’.CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITSCommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITSCommentsClose CommentsPermalink
Subtitle A--Pay and AllowancesCommentsClose CommentsPermalink
Subtitle A--Pay and AllowancesCommentsClose CommentsPermalink
SEC. 601. REPEAL OF MANDATORY HIGH-DEPLOYMENT ALLOWANCE.
(a) Repeal of Authority for Payment of High-Deployment Allowance-CommentsClose CommentsPermalink
(1) IN GENERAL-
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 436.CommentsClose CommentsPermalink
(b) Repeal of Requirements Relating to Management of Deployment of Members-CommentsClose CommentsPermalink
(1) IN GENERAL-
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 50 of such title is amended by striking the item relating to section 991.CommentsClose CommentsPermalink
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COUPLES WHEN ONE IS ON SEA DUTY.
(a) In General- Subparagraph (C) of
‘(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
Subtitle B--Bonuses and Special and Incentive PaysCommentsClose 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 CERTAIN 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
(9) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.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
(4) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.CommentsClose CommentsPermalink
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAY.
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 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 329(j), relating to incentive bonus for retired members and reserve component members volunteering for high-demand, low-density assignments.CommentsClose CommentsPermalink
(9) Section 330(f), relating to accession bonus for officer candidates.CommentsClose CommentsPermalink
(10) Section 331(h), relating to general bonus authority for enlisted members.CommentsClose CommentsPermalink
(11) Section 332(g), relating to general bonus authority for officers.CommentsClose CommentsPermalink
(12) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.CommentsClose CommentsPermalink
(13) Section 351(i), relating to hazardous duty pay.CommentsClose CommentsPermalink
(14) Section 352(g), relating to assignment pay or special duty pay.CommentsClose CommentsPermalink
(15) Section 353(j), relating to skill incentive pay or proficiency bonus.CommentsClose CommentsPermalink
(16) 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 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. 616. INELIGIBLITY OF CERTAIN FEDERAL GOVERNMENT EMPLOYEES FOR INCOME REPLACEMENT PAYMENTS.
(a) Ineligibility for Payment-
‘(3) A civilian employee of the Federal Government is not entitled to a payment under this section for any period during which such employee is performing active duty service that is covered by section 5538 of title 5, or a similar benefit under another authority.’.CommentsClose CommentsPermalink
(b) Effective Date- Paragraph (3) of such
Subtitle C--Travel and Transportation AllowancesCommentsClose CommentsPermalink
Subtitle C--Travel and Transportation AllowancesCommentsClose CommentsPermalink
SEC. 621. AUTHORIZED TRAVEL AND TRANSPORTATION FOR DESIGNATED PERSON ATTENDANCE AT YELLOW RIBBON REINTEGRATION EVENTS.
(a) Travel and Transportation Authorization-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: designated person at Yellow Ribbon Reintegration events
‘(a) Authorization- Under uniform regulations prescribed by the Secretaries concerned:CommentsClose CommentsPermalink
‘(1) Travel and transportation may be allowed for a person designated by a designating member of the uniformed services described in subsection (c), consistent with subsection (d), if the Secretary concerned determines that the presence of such a designated person may contribute to the purposes of Yellow Ribbon Reintegration Program events authorized under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (
Public Law 110-181 ; 122 Stat. 122).CommentsClose CommentsPermalink‘(2) A member of the uniformed services who is a designated person for purposes of this section may also be allowed travel and transportation authorized in paragraph (1) of this subsection.CommentsClose CommentsPermalink
‘(b) Designated Person- Subject to the discretion of the Secretary concerned:CommentsClose CommentsPermalink
‘(1) The term ‘designated person’ means any person or persons designated by a designating member of the uniformed services described in subsection (c).CommentsClose CommentsPermalink
‘(2) A designation of a person for purposes of this section may be changed at any time.CommentsClose CommentsPermalink
‘(c) Designating Member of the Uniformed Services- A ‘designating member of the uniformed services’ means a member who may attend a Yellow Ribbon Reintegration Program event.CommentsClose CommentsPermalink
‘(d) Authorization and Expenses-CommentsClose CommentsPermalink
‘(1) The travel and transportation authorized under subsection (a) applies to a designated person while away from their home or place of business for the purpose of attending a Yellow Ribbon Reintegration Program event.CommentsClose CommentsPermalink
‘(2) The expenses associated with the travel and transportation authorized under subsection (a) may be reimbursed as an actual and necessary travel expense or paid as an authorized per diem rate, or may be paid by using a combination thereof, but not to exceed the rates established under section 404(d) of this title.’.CommentsClose CommentsPermalink
(b) 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: designated person at Yellow Ribbon Reintegration events.’.CommentsClose CommentsPermalink
Subtitle D--Retired Pay, Former Spouse, and Survivor MattersCommentsClose CommentsPermalink
Subtitle D--Retired Pay, Former Spouse, and Survivor MattersCommentsClose CommentsPermalink
SEC. 631. EXPANSION OF ELIGIBILITY FOR CONCURRENT RECEIPT OF RETIRED PAY AND DISABILITY COMPENSATION.
(a) Phased Expansion- Subsection (a) of
‘(a) Payment of Both Retired Pay and Compensation-CommentsClose CommentsPermalink
‘(1) IN GENERAL- (A) Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans’ disability compensation for a qualifying service-connected disability (hereinafter in this section referred to as a ‘qualified retiree’) is entitled to be paid both for that month without regard to sections 5304 and 5305 of title 38.CommentsClose CommentsPermalink
‘(B) During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to a qualified retiree is subject to subsection (c), except that payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following:CommentsClose CommentsPermalink
‘(i) A qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent.CommentsClose CommentsPermalink
‘(ii) A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability.CommentsClose CommentsPermalink
‘(C) Notwithstanding subsection (c), on or after January 1, 2011, a qualified retiree described in subparagraph (2)(B) or (2)(C) is entitled to payment of both retired pay and compensation under this subsection, subject to subsection (b).CommentsClose CommentsPermalink
‘(2) QUALIFYING SERVICE-CONNECTED DISABILITY- In this section, the term ‘qualifying service-connected disability’ means--CommentsClose CommentsPermalink
‘(A) in the case of a member or former member who is receiving retired pay under any provision of law other than chapter 61 of this title or who is receiving retired pay under chapter 61 of this title and who is also otherwise entitled to retired pay under any other section of this title, a service-connected disability or combination of service-connected disabilities that is rated as not less than 50 percent disabling by the Secretary of Veterans Affairs;CommentsClose CommentsPermalink
‘(B) in the case of a member or former member who is receiving retired pay under chapter 61 of this title and who is not also otherwise entitled to retired pay under any other section of this title, a service-connected disability or combination of service-connected disabilities that is rated at the disabling level specified by the Secretary of Veterans Affairs and is effective on or after the following dates:CommentsClose CommentsPermalink
‘(i) January 1, 2011, rated 100 percent, or a rate payable at 100 percent by reason of individual unemployability or rated 90 percent;CommentsClose CommentsPermalink
‘(ii) January 1, 2012, rated 80 percent or 70 percent; andCommentsClose CommentsPermalink
‘(iii) January 1, 2013, rated 60 percent or 50 percent; andCommentsClose CommentsPermalink
‘(C) in the case of a member or former member who is receiving retired pay under chapter 61 regardless of being otherwise entitled to retired pay under any other section of this title, a service-connected disability or combination of service-connected disabilities that is rated at the disabling level specified by the Secretary of Veterans Affairs and is effective on or after the following dates:CommentsClose CommentsPermalink
‘(i) January 1, 2014, rated 40 percent or 30 percent; andCommentsClose CommentsPermalink
‘(ii) January 1, 2015, any rating.’.CommentsClose CommentsPermalink
(b) Special Rules Modification- Subsection (b) of such section is amended to read as follows:CommentsClose CommentsPermalink
‘(b) Special Rules for Chapter 61 Disability Retirees-CommentsClose CommentsPermalink
‘(1) GENERAL RULE- The retired pay of a member retired under chapter 61 of this title is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member’s retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.CommentsClose CommentsPermalink
‘(2) SPECIAL RULE FOR CHAPTER 61 RETIREES NOT OTHERWISE ENTITLED TO RETIRED PAY- The retired pay of a member retired under chapter 61 of this title who is not otherwise entitled to retired pay under any other section of this title is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member’s retired pay under chapter 61 of this title exceeds the amount equal to 2 1/2 percent of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.’.CommentsClose CommentsPermalink
(c) Conforming Amendment- Subsection (c) of such section is amended by striking ‘the second sentence’ and inserting ‘subparagraph (A)’.CommentsClose CommentsPermalink
(d) Clerical Amendments-CommentsClose CommentsPermalink
(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
‘Sec. 1414. Concurrent payment of retired pay and veterans’ disability compensation’.
(2) TABLE OF SECTIONS- The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows:CommentsClose CommentsPermalink
‘1414. Concurrent payment of retired pay and veterans’ disability compensation.’.CommentsClose CommentsPermalink
SEC. 632. AUTHORIZATION TO SUBMIT APPLICATION FOR DIRECT PAYMENT.
(a) Permit Application for Direct Payment by Member-
(b) Conditions for Direct Payment- Section 1408(d) of such title is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(8) A former spouse who accepts payment shall be deemed--CommentsClose CommentsPermalink
‘(A) to have consented and agreed to the recovery of any future overpayments, including recovery by involuntary collection from the former spouse or his or her estate; andCommentsClose CommentsPermalink
‘(B) to have agreed to give prompt notice in writing to the Secretary if--CommentsClose CommentsPermalink
‘(i) the operative court order upon which payment is based is vacated, modified, or set aside;CommentsClose CommentsPermalink
‘(ii) the former spouse is ineligible for alimony for any reason, including remarriage, if all or a part of the payment is for alimony; orCommentsClose CommentsPermalink
‘(iii) the former spouse is ineligible for child support payments for any reason, including the death, emancipation, adoption, or attainment of majority of a child whose support is provided through direct payment to a former spouse from retired pay.’.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to applications for direct payment of retired pay submitted to the Secretary concerned after the end of the 90-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 633. SURVIVOR BENEFIT PLAN: EXTENSION OF PERIOD FOR ELECTION DEEMED TO HAVE BEEN MADE.
(a) In General-
(b) Effective Date- The amendment made by this section shall apply with respect to divorces, dissolutions, annulments, or legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 634. PROHIBIT COURT-ORDERED PAYMENTS BEFORE RETIREMENT BASED ON IMPUTATION OF RETIRED PAY.
(a) Authority-
(1) by inserting ‘(A)’ after ‘(3)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(B) A court may not order a member to make payments based upon an imputation of a property interest in future retired pay of any kind to a spouse or former spouse before the date of the member’s actual retirement.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall apply to final court orders or court orders seeking enforcement of prior final decrees issued on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 635. AUTHORITY FOR MULTIPLE BENEFICIARY DESIGNATIONS UNDER SURVIVOR BENEFIT PLAN.
(a) Permit Spouse and Former Spouse Coverage-
(1) in subparagraph (B)--CommentsClose CommentsPermalink
(A) by striking ‘prevents payment’ and inserting ‘reduces the amount’; andCommentsClose CommentsPermalink
(B) by striking ‘including payment’ and inserting ‘including the amount of an annuity’; andCommentsClose CommentsPermalink
(2) in subparagraph (C), by striking ‘which former spouse is to be provided the annuity’ and inserting ‘the base amount applicable in determining the amount of the annuity of each former spouse’.CommentsClose CommentsPermalink
(b) Permit Spouse and Former Spouse Annuities- Section 1450(a)(1) of such title is amended to read as follows:CommentsClose CommentsPermalink
‘(1) SURVIVING SPOUSE AND FORMER SPOUSE- The eligible surviving spouse and every eligible former spouse.’.CommentsClose CommentsPermalink
(c) Permit Reductions in Retired Pay in the Case of Multiple Beneficiaries- Section 1452 of such title is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(k) Reductions in Retired Pay in the Case of Multiple Beneficiaries- When a participant in the Plan has elected to provide an annuity to a spouse and to one or more former spouses, reductions in retired pay required by subsection (a) shall be made for each annuity elected, in an amount based on the base amount applicable to each annuity. In the case of a reduction in retired pay to provide an annuity to a former spouse to whom payment of a portion of a member’s retired pay is being made pursuant to a court order under section 1408 of this title, such reduction in retired pay shall be deducted from the amounts paid to such member, to such former spouse, or both, as provided by court order or by agreement of the parties.’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by subsections (a), (b), and (c) apply with respect to elections made on or after the date of enactment of this Act. Any election to provide an annuity to a spouse or former spouse who was prevented from being a beneficiary under the laws in effect before the date of enactment of this Act shall be made within 180 days following the date of enactment of this Act.CommentsClose CommentsPermalink
(e) Coverage for Survivors of Retirement-Eligible Members Who Die on Active Duty- (1) Section 1448(d) of such title is amended--CommentsClose CommentsPermalink
(A) in paragraph (3), by striking ‘the Secretary--(A) may not pay an annuity under paragraph (1) or (2); but (B)’ and inserting ‘the Secretary’; andCommentsClose CommentsPermalink
(B) by amending paragraph (5) to read as follows:CommentsClose CommentsPermalink
‘(5) COMPUTATION- (A) The amount of an annuity payable to a former spouse pursuant to paragraph (3) shall be computed on the basis of a base amount equal to the amount of retired pay that, under the authority of section 1408(c) of this title, is treated under a court order or spousal agreement as the property of such former spouse.CommentsClose CommentsPermalink
‘(B) The amount of an annuity payable under paragraph (1) or (2) shall be computed under section 1451(c) of this title; however, the retired pay otherwise applicable with respect to such computation shall be reduced by an amount equal to the base amount that provides the basis for computing the amount of an annuity payable to a former spouse under paragraph (3) of this subsection.’.CommentsClose CommentsPermalink
(2) Effective date- The amendments made by paragraph (1) shall apply with respect to survivors of retirement-eligible members who die on active duty on or after the date of enactment of this Act.CommentsClose CommentsPermalink
(f) Coverage for Survivors of Persons Dying When Eligible To Elect Reserve-Component Annuity- (1) Section 1448(f) of such title is amended--CommentsClose CommentsPermalink
(A) in paragraph (3), by striking ‘the Secretary--(A) may not pay an annuity under paragraph (1) or (2); but (B)’ and inserting ‘the Secretary’; andCommentsClose CommentsPermalink
(B) by amending paragraph (4) to read as follows:CommentsClose CommentsPermalink
‘(4) COMPUTATION- (A) The amount of an annuity payable to a former spouse pursuant to paragraph (3) shall be computed on the basis of a base amount equal to the amount of retired pay that, under the authority of section 1408(c) of this title, is treated under a court order or spousal agreement as the property of such former spouse.CommentsClose CommentsPermalink
‘(B) The amount of an annuity payable under paragraph (1) or (2) shall be computed under section 1451(c) of this title; however, the retired pay otherwise applicable with respect to such computation shall be reduced by an amount equal to the base amount that provides the basis for computing the amount of an annuity payable to a former spouse under paragraph (3) of this subsection.’.CommentsClose CommentsPermalink
(2) Effective date- The amendments made by paragraph (1) shall apply with respect to survivors of persons eligible to elect reserve-component annuity retirement-eligible members who die on or after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 636. AUTHORITY FOR DESIGNATION OF RESPONSIBILITY FOR PAYMENT OF PREMIUMS FOR COVERAGE UNDER SURVIVOR BENEFIT PLAN.
(a) Spouse and Former Spouse Annuities-
(1) in paragraph (1), by inserting ‘paragraph (6) of this subsection or’ after ‘Except as provided in’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(6) COURT ORDER- If a court order requires the former spouse to pay all or a part of the costs associated with providing an annuity to the former spouse, the participant’s retired pay shall not be reduced by the portion that the former spouse is required to pay. The portion of Plan costs that a former spouse is required to pay pursuant to a Court order under this paragraph must either be paid by direct remittance or as a deduction from the former spouse’s share of the member’s retired pay that is received by direct payment pursuant to section 1408 of this title.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall apply with respect to divorces, dissolutions, annulments, or legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 637. ESTABLISHMENT OF PRESUMPTIVE PROPORTIONATE SHARE FOR FORMER SPOUSE SURVIVOR ANNUITY UNDER SURVIVOR BENEFIT PLAN.
(a) Presumptive Base Amount for Former Spouse-
‘(D) PRESUMPTIVE PROPORTIONATE AMOUNT FOR FORMER SPOUSE- In the case of an annuity provided under the Plan for a former spouse, unless otherwise agreed to by the member and former spouse or ordered by a court, such term means any amount of monthly retired pay, which is not less than $300, payable to such former spouse as a result of a court treating disposable retired pay of a member as the property of the member and his spouse under the authority of section 1408(c).’.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall apply with respect to divorces, dissolutions, annulments, and legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
TITLE VII--HEALTH CARE PROVISIONSCommentsClose CommentsPermalink
TITLE VII--HEALTH CARE PROVISIONSCommentsClose CommentsPermalink
Subtitle A--Health Care AdministrationCommentsClose CommentsPermalink
Subtitle A--Health Care AdministrationCommentsClose CommentsPermalink
SEC. 701. CLARIFICATION OF LICENSURE REQUIREMENTS APPLICABLE TO MILITARY HEALTH-CARE PROFESSIONALS WHO ARE MEMBERS OF THE NATIONAL GUARD PERFORMING DUTY WHILE IN TITLE 32 STATUS.
(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. 702. HEALTH PROFESSIONS FINANCIAL ASSISTANCE PROGRAM FOR CIVILIANS.
(a) Health Professions Financial Assistance Program- Chapter 105 of title 10, United States Code, is amended--CommentsClose CommentsPermalink
(1) by redesignating subchapter II as subchapter III; andCommentsClose CommentsPermalink
(2) by inserting after subchapter I the following new subchapter:CommentsClose CommentsPermalink
‘SUBCHAPTER II--HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM FOR CIVILIANS
‘Sec.CommentsClose CommentsPermalink
‘2129. Definitions.CommentsClose CommentsPermalink
‘2129a. Establishment.CommentsClose CommentsPermalink
‘2129b. Eligibility for participation.CommentsClose CommentsPermalink
‘2129c. Scholarships and financial assistance: payments.CommentsClose CommentsPermalink
‘2129d. Recipients of financial assistance: service agreements.CommentsClose CommentsPermalink
‘2129e. Recipients of financial assistance: employment by Department of Defense.CommentsClose CommentsPermalink
‘2129f. Expiration of authority under this subchapter.CommentsClose CommentsPermalink
‘Sec. 2129. Definitions
‘In this subchapter:CommentsClose CommentsPermalink
‘(1) The term ‘program’ means the Department of Defense Health Professions Scholarship and Financial Assistance Program for Civilians provided for in this subchapter.CommentsClose CommentsPermalink
‘(2) The term ‘member of the program’ means a person who has been selected into the Department of Defense Health Professions Scholarship and Financial Assistance Program for Civilians.CommentsClose CommentsPermalink
‘(3) The term ‘course of study’ means education received on a full-time basis at an accredited college, university, or institution in medicine, dentistry, or other health profession, leading to a degree related to the health professions as determined under regulations prescribed by the Secretary of Defense.CommentsClose CommentsPermalink
‘(4) The term ‘specialized training’ means advanced training in a health professions specialty received in an accredited program that is beyond the basic education required for designation as a health professional.CommentsClose CommentsPermalink
‘(5) The term ‘healthcare occupations’ includes medical, dental, licensed clinical professionals (such as licensed clinical social workers and clinical psychologists), and other healthcare related occupational specialties as determined by the Secretary of Defense or the Secretary of a military department as critical for meeting the health care needs of members or their families, for medical, behavioral, occupational or other illnesses or injuries.CommentsClose CommentsPermalink
‘Sec. 2129a. Establishment
‘(a) For the purpose of obtaining adequate numbers of qualified civilian employees in the various health professions, the Secretary of each military department, under regulations prescribed by the Secretary of Defense, may establish and maintain a health professions scholarship and financial assistance program for civilians.CommentsClose CommentsPermalink
‘(b) The Secretary of each military department shall review requirements within the various healthcare occupations on an annual basis and shall annually publish a list of those healthcare occupations for which applications will be accepted by that military department under the program for that fiscal year.CommentsClose CommentsPermalink
‘(c) The program shall consist of courses of study and specialized training in designated health professions, and include the required internships, residencies, and other service in Department of Defense designated medical facilities.CommentsClose CommentsPermalink
‘Sec. 2129b. Eligibility for participation
‘Under the program under this subchapter, the Secretary of a military department may award a scholarship in accordance with this subchapter to a person who--CommentsClose CommentsPermalink
‘(1) is a citizen of the United States;CommentsClose CommentsPermalink
‘(2) is accepted for admission to an accredited institution of higher learning to pursue a course of study that will lead to an undergraduate or graduate degree that would qualify the person to be employed in an occupation identified pursuant to section 2129a(b) of this title or is already pursuing such a course of study; andCommentsClose CommentsPermalink
‘(3) enters into a service agreement with the Secretary as described in section 2129d of this title.CommentsClose CommentsPermalink
‘Sec. 2129c. Scholarships and financial assistance: payments
‘(a) The amount of financial assistance provided under a scholarship awarded to a person under this subchapter shall be an amount determined by the Secretary of the military department concerned for educational expenses, and expenses incurred by that person, including tuition, fees, cost of books, laboratory expenses, and equipment expenses.CommentsClose CommentsPermalink
‘(b) The Secretaries of the military departments may contract with an accredited civilian educational institution for the payment of tuition and other educational expenses of members of the program authorized by this subchapter. Payment to such institutions may be made without regard to subsections (a) and (b) of section 3324 of title 31.CommentsClose CommentsPermalink
‘(c) In addition to a scholarship, a member of the program may be entitled to a stipend at a monthly rate established by the Secretary of Defense in addition to the expenses in subsection (a), but not to exceed a total of $12,000 per year. The maximum amount of the stipend may be increased annually by the Secretary of Defense, effective July 1 of each year.CommentsClose CommentsPermalink
‘(d) A person participating as a member of the program in specialized training may be paid a grant in an amount up to $2,500 per year in addition to the stipend under subsection (d). The maximum amount of the grant may be increased annually by the Secretary of Defense, effective July 1 of each year.CommentsClose CommentsPermalink
‘(e) Financial assistance provided under this subchapter may be paid directly to the recipient or to an administering entity for disbursement of the funds.CommentsClose CommentsPermalink
‘(f) Financial assistance may not be provided under this subchapter to or on behalf of a person who is considered to be an employee, as that term is defined at section 2105 of title 5.CommentsClose CommentsPermalink
‘Sec. 2129d. Recipients of financial assistance: service agreements
‘(a) Service Agreements-CommentsClose CommentsPermalink
‘(1) To receive financial assistance under this subchapter, the person shall enter into a written agreement to accept and continue employment in the Department of Defense in a qualifying healthcare occupation for the period of obligated service determined under subsection (b).CommentsClose CommentsPermalink
‘(2) Each service agreement under this section shall include a requirement that, unless sooner removed from the program, the recipient of the financial assistance will--CommentsClose CommentsPermalink
‘(A) complete the educational phase of the program;CommentsClose CommentsPermalink
‘(B) participate in an intern program within the Department of Defense if selected for such participation; andCommentsClose CommentsPermalink
‘(C) participate in a residency program within the Department of Defense if selected for such participation.CommentsClose CommentsPermalink
‘(b) Obligated Service- For the purposes of this subchapter, the period of obligated service to be specified in an agreement under this section for a recipient of financial assistance under this subchapter shall be the period determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for such financial assistance. The period of the service obligation required of a recipient shall be continuous and shall, at a minimum, be equal to the amount of time for which such financial assistance was provided. The period of obligated service under an agreement under this section is in addition to any other period for which the recipient is obligated to serve in the civilian service of the United States.CommentsClose CommentsPermalink
‘(c) Additional Terms and Conditions- An agreement entered into under this section by a person pursuing an academic degree shall include any terms and conditions that the Secretary of Defense or the Secretary of the military department concerned determine necessary to protect the interests of the United States or to be otherwise appropriate for carrying out this subchapter, including flexibility in determining the geographic location of the position in which the period of obligated service will be performed.CommentsClose CommentsPermalink
‘(d) Reimbursement for Period of Unserved Obligated Service-CommentsClose CommentsPermalink
‘(1) A member of the program under this subchapter who fails to complete the educational program for which financial assistance has been provided under this subchapter, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary of Defense, or fails to carry out the terms of a service agreement entered into by that individual under this subchapter, shall reimburse to the United States an appropriate amount, as determined by the Secretary of the military department concerned.CommentsClose CommentsPermalink
‘(2) An obligation to reimburse to the United States an amount paid to a person as a member of the program that is imposed under paragraph (1) is for all purposes a debt owed to the United States.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense may waive, in whole or in part, a reimbursement required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.CommentsClose CommentsPermalink
‘(4) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this subchapter does not discharge the person signing such agreement from a debt arising under such agreement or under this subchapter.CommentsClose CommentsPermalink
‘Sec. 2129e. Recipients of financial assistance: employment by Department of Defense
‘(a) The Secretary of Defense--CommentsClose CommentsPermalink
‘(1) may, without regard to any provision of title 5 governing appointment of employees to positions in the Department of Defense, appoint to a position in the Department of Defense in the excepted service a person who has successfully completed an academic program for which a scholarship under this section was awarded and who, under the terms of the agreement for such scholarship, owes a civil service commitment to the Department at the time of such appointment; andCommentsClose CommentsPermalink
‘(2) may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of paragraph (1), convert the appointment of such person, without competition, to a career or career conditional appointment in the competitive service.CommentsClose CommentsPermalink
‘(b) If there is no appropriate position available within the Department of Defense after the end of the period covered by financial assistance, the service agreement between the Department of Defense and the scholarship or fellowship recipient shall terminate with no adverse impact to the recipient.CommentsClose CommentsPermalink
‘Sec. 2129f. Expiration of authority under this subchapter
‘The authority to provide scholarships under this subchapter shall expire on September 30, 2015.’.CommentsClose CommentsPermalink
(b) Technical Amendments-CommentsClose CommentsPermalink
(1) Chapter 105 of such title is further amended--CommentsClose CommentsPermalink
(A) in the chapter heading, by striking the first two words after the chapter designation; andCommentsClose CommentsPermalink
(B) in the table of subchapters at the beginning of such chapter, by striking the item relating to subchapter II and inserting the following:CommentsClose CommentsPermalink
2129CommentsClose CommentsPermalink
2130a’.CommentsClose CommentsPermalink
(2) The tables of chapters at the beginning of subtitle A, and at the beginning of part III of subtitle A, of such title are each amended by striking the first two words in the item relating to chapter 105.CommentsClose CommentsPermalink
SEC. 703. AGE FOR HEALTH CARE PROFESSIONAL APPOINTMENTS AND MANDATORY RETIREMENTS.
(a) Age for Original Appointment as a Health Professions Officer-
(b) Mandatory Retirement Age for Health Professions Officers-CommentsClose CommentsPermalink
(1) ADDITIONAL CATEGORIES OF OFFICERS ELIGIBLE FOR DEFERRAL OF MANDATORY RETIREMENT FOR AGE- Paragraph (2) of section 1251(b) of such title is amended--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 (i) providing health care, (ii) performing other clinical care, or (iii) performing health-care related administrative duties.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Paragraph (1) of such section is amended by inserting before the period at the end the following: ‘or, in the case of an officer who is a health professions officer for purposes of this subsection by reason of paragraph (2)(D), the officer will be performing duties consisting primarily of providing health care (in the case of an officer in a class of officers designated under clause (i) of such paragraph), performing other clinical care (in the case of an officer in a class of officers designated under clause (ii) of such paragraph), or performing health-care related administrative duties (in the case of an officer in a class of officers designated under clause (iii) of such paragraph)’.CommentsClose CommentsPermalink
SEC. 704. REIMBURSEMENT FOR COSTS OF HEALTH CARE PROVIDED TO INELIGIBLE INDIVIDUALS WHO ARE DEPENDENTS OR FORMER DEPENDENTS.
(a) Reimbursement Authority-
‘(c) Responsibility of Member- (1) For purposes of eligibility for health care services under this chapter for a dependent of a member or former member, it is the responsibility of the member or former member to ensure that accurate and up-to-date information, including notification of any change in eligibility status, is provided to the Secretary concerned.CommentsClose CommentsPermalink
‘(2)(A) In the event that the Secretary concerned incurs costs in providing health care services to an individual not eligible under this chapter for such services due to the unexcused failure of a member or former member to comply with the member’s or former member’s responsibility under paragraph (1), the member or former member shall reimburse the Secretary concerned for such costs. Such a failure may be excused by the Secretary concerned if the member or former member demonstrates to the satisfaction of the Secretary concerned that such failure was due to no fault of the member or former member.CommentsClose CommentsPermalink
‘(B) Any amount collected by the Secretary concerned under this subsection shall be credited to the appropriation available for health care services for the fiscal year in which such amount is collected.CommentsClose CommentsPermalink
‘(C) A member or former member administratively determined to be indebted to the United States under this subsection is a jointly and severally liable with the individual provided care and with any other party with legal responsibility for reimbursing the Secretary for the costs of such care. Administrative establishment of a debt under this subsection, or collection of an amount by the Secretary concerned under this subsection, shall not affect any rights of the Secretary to collect costs of providing health care services from an individual ineligible under this chapter for such care or from collecting the costs of such care from other parties with legal responsibility for reimbursing the Secretary for the costs of such care. Excusal by the Secretary concerned of responsibility of a member or former member shall not affect any rights of the Secretary to collect costs of providing health care services from an individual ineligible under this chapter for such care or from collecting the costs of such care from other parties with legal responsibility for reimbursing the Secretary for the costs of such care.CommentsClose CommentsPermalink
‘(3) An administratively determined debt of a member or former member under this subsection may be collected through any means authorized by law. Such means may include a deduction (including deduction from pay under section 1007 of title 37) from any pay, retired pay, or other amount to which the member or former member is otherwise entitled. In the case of any deduction from pay or retired pay under this paragraph, the reduction shall be in an amount determined appropriate by the Secretary concerned, but may not exceed one-half of the amount to which the member or former member is otherwise entitled.’.CommentsClose CommentsPermalink
(b) Effective Date- Subsection (c)(2) of
SEC. 705. CLARIFICATION OF AUTHORITY FOR TRANSFER OF MEDICAL RECORDS FROM THE DEPARTMENT OF DEFENSE TO THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General- Section 1614(b)(11) of the Wounded Warrior Act (title XVI of
(b) Effective Date- The amendment made by subsection (a) shall be effective as if included in section 1614 of such Act as enacted on January 28, 2008.CommentsClose CommentsPermalink
Subtitle B--Other MattersCommentsClose CommentsPermalink
Subtitle B--Other MattersCommentsClose CommentsPermalink
SEC. 711. UPDATED TERMINOLOGY FOR THE MEDICAL SERVICE CORPS.
(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
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERSCommentsClose CommentsPermalink
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERSCommentsClose CommentsPermalink
Subtitle A--Amendments to General Contracting Authorities, Procedures, and LimitationCommentsClose CommentsPermalink
Subtitle A--Amendments to General Contracting Authorities, Procedures, and LimitationCommentsClose CommentsPermalink
SEC. 801. REPEAL OF SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.
Sections 702 through 722 of the Small Business Competitiveness Demonstration Program Act of 1988 (
SEC. 802. PERMANENT AUTHORITY FOR DEFENSE ACQUISITION CHALLENGE PROGRAM.
SEC. 803. INCREASE IN AMOUNT OF DISCRETIONARY TECHNICAL ASSISTANCE AUTHORIZED UNDER SMALL BUSINESS INNOVATION RESEARCH PROGRAM.
Section 9(q) of the Small Business Act (
(1) in paragraph (2), by inserting ‘or vendors’ after ‘vendor’; andCommentsClose CommentsPermalink
(2) in paragraph (3)--CommentsClose CommentsPermalink
(A) by striking ‘$4,000’ in subparagraph (A) and inserting ‘$5,000’; andCommentsClose CommentsPermalink
(B) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink
‘(B) SECOND PHASE- Each agency referred to in paragraph (1) may directly provide to any second phase SBIR award recipient services described in paragraph (1), or may authorize any such recipient to purchase such services with funds available from their SBIR awards, in an amount equal to not more than $5,000 per year, per award.’.CommentsClose CommentsPermalink
SEC. 804. LIMITED AUTHORITY UNDER SMALL BUSINESS INNOVATION RESEARCH AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAMS TO USE PROGRAM FUNDS FOR ADMINISTRATIVE AND PROGRAM MANAGEMENT COSTS.
Section 9 of the Small Business Act (
(1) in subsection (f)(2)(A), by striking ‘any’ and inserting ‘more than 3.0 percent’; andCommentsClose CommentsPermalink
(2) in subsection (n)(2)(A), by striking ‘any’ and inserting ‘more than 3.0 percent’.CommentsClose CommentsPermalink
SEC. 805. REVISION AND FOUR-YEAR EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS.
(a) Revision of Program- Subsection (b) of section 834 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (
‘(4) No contractor may be approved as a new participant in the program after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011.’.CommentsClose CommentsPermalink
(b) Four-Year Extension of Program- Subsection (e) of such section is amended by striking ‘September 30, 2010’ and inserting ‘September 30, 2014’.CommentsClose CommentsPermalink
SEC. 806. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE ACQUISITION PROGRAMS UNDER VARIOUS ACQUISITION-RELATED REQUIREMENTS.
(a) Reporting Requirements-
(1) by inserting ‘(1)’ before ‘If the Secretary’;CommentsClose CommentsPermalink
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;CommentsClose CommentsPermalink
(3) in subparagraph (A), as so redesignated, by inserting ‘(other than as provided in paragraph (2))’ before the semicolon; andCommentsClose CommentsPermalink
(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) For a major defense acquisition program for which a designation of a major subprogram has been made under subsection (a), unit costs under this chapter are not required for the major defense acquisition program as a whole, but shall be submitted at the designated major subprogram level.’.CommentsClose CommentsPermalink
(b) Conforming Amendments to Section 2366a- Section 2366a of such title is amended--CommentsClose CommentsPermalink
(1) in subsections (a), (b)(1), and (b)(2), by inserting ‘or designated major subprogram’ after ‘major defense acquisition program’; 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
(c) 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 Comments

U.S. Congress - Text of S.3280 as Introduced in Senate National Defense Authorization Act for Fiscal Year 2011

