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S 3454 PCSCommentsClose CommentsPermalink

Calendar No. 414CommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 3454CommentsClose CommentsPermalink

[Report No. 111-201]CommentsClose CommentsPermalink

To authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 4, 2010CommentsClose CommentsPermalink

Mr. LEVIN, from the Committee on Armed Services reported, under authority of the order of the Senate of May 28 (legislative day, May 26), 2010, the following original bill; which was read twice and placed on the calendarCommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

To authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

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

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

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





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





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





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





(4) Division D-Funding Tables.CommentsClose CommentsPermalink





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





Sec. 1. Short title.CommentsClose CommentsPermalink





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





Sec. 3. Congressional defense committees.CommentsClose CommentsPermalink

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Army Programs

Sec. 111. Airborne Common Sensor and Enhanced Medium Altitude Reconnaissance and Surveillance System.CommentsClose CommentsPermalink

Subtitle C--Navy Programs

Sec. 121. Multiyear funding for detail design and construction of LHA Replacement ship designated LHA-7.CommentsClose CommentsPermalink





Sec. 122. Requirement to maintain Navy airborne signals intelligence capabilities.CommentsClose CommentsPermalink





Sec. 123. Reports on service life extension of F/A-18 aircraft by the Department of the Navy.CommentsClose CommentsPermalink





Sec. 124. Inclusion of basic and functional design in assessments required prior to start of construction of first ship of a shipbuilding program.CommentsClose CommentsPermalink





Sec. 125. Multiyear procurement authority for F/A-18E, F/A-18F, and EA-18G fighter aircraft.CommentsClose CommentsPermalink

Subtitle D--Joint and Multiservice Matters

Sec. 141. System management plan and matrix for the F-35 Joint Strike Fighter aircraft program.CommentsClose CommentsPermalink





Sec. 142. Contracts for commercial imaging satellite capacities.CommentsClose CommentsPermalink





Sec. 143. Quarterly reports on use of Combat Mission Requirements funds.CommentsClose CommentsPermalink





Sec. 144. Integration of solid state laser systems into certain aircraft.CommentsClose CommentsPermalink

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

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on use of funds for alternative propulsion system for the F-35 Joint Strike Fighter program.CommentsClose CommentsPermalink





Sec. 212. Limitation on use of funds by Defense Advanced Research Projects Agency for operation of National Cyber Range.CommentsClose CommentsPermalink





Sec. 213. Enhancement of Department of Defense support of science, mathematics, and engineering education.CommentsClose CommentsPermalink





Sec. 214. Program for research, development, and deployment of advanced ground vehicles, ground vehicle systems, and components.CommentsClose CommentsPermalink





Sec. 215. Demonstration and pilot projects on cybersecurity.CommentsClose CommentsPermalink

Subtitle C--Missile Defense Matters

Sec. 231. Sense of Congress on ballistic missile defense.CommentsClose CommentsPermalink





Sec. 232. Repeal of prohibition on certain contracts by the Missile Defense Agency with foreign entities.CommentsClose CommentsPermalink





Sec. 233. Medium Extended Air Defense System.CommentsClose CommentsPermalink





Sec. 234. Acquisition accountability reports on the ballistic missile defense system.CommentsClose CommentsPermalink





Sec. 235. Independent review and assessment of the Ground-Based Midcourse Defense system.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. Reimbursement of Environmental Protection Agency for certain costs in connection with the Twin Cities Army Ammunition Plant, Minnesota.CommentsClose CommentsPermalink





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





Sec. 313. Requirements relating to Agency for Toxic Substances and Disease Registry investigation of exposure to drinking water contamination at Camp Lejeune, North Carolina.CommentsClose CommentsPermalink





Sec. 314. Commission on Military Environmental Exposures.CommentsClose CommentsPermalink

Subtitle C--Workplace and Depot Issues

Sec. 321. Depot level maintenance and recapitalization parts supply.CommentsClose CommentsPermalink

Subtitle D--Energy Security

Sec. 331. Alternative aviation fuel initiative.CommentsClose CommentsPermalink

Subtitle E--Other Matters

Sec. 341. Additional limitation on indemnification of United States with respect to articles and services sold by working-capital funded army industrial facilities and arsenals outside the Department of Defense.CommentsClose CommentsPermalink





Sec. 342. Extension of Arsenal Support Program Initiative.CommentsClose CommentsPermalink





Sec. 343. Four-year extension of authority to provide logistics support and services for weapons systems contractors.CommentsClose CommentsPermalink





Sec. 344. Recovery of improperly disposed of Department of Defense property.CommentsClose CommentsPermalink





Sec. 345. Commercial sale of small arms ammunition in excess of military requirements.CommentsClose CommentsPermalink





Sec. 346. Modification of authorities relating to prioritization of funds for equipment readiness and strategic capability.CommentsClose CommentsPermalink





Sec. 347. Repeal of requirement for reports on withdrawal or diversion of equipment from Reserve units for support of Reserve units being mobilized and other units.CommentsClose CommentsPermalink





Sec. 348. Revision to authorities relating to transportation of civilian passengers and commercial cargoes by Department of Defense when space unavailable on commercial lines.CommentsClose CommentsPermalink

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

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

Subtitle B--Reserve Forces

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





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





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





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





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

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.CommentsClose CommentsPermalink

Subtitle D--Armed Forces Retirement Home

Sec. 431. Authorization of appropriations for Armed Forces Retirement Home.CommentsClose CommentsPermalink

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Sec. 501. Modification of promotion board procedures for joint qualified officers and officers with Joint Staff experience.CommentsClose CommentsPermalink





Sec. 502. Nondisclosure of information from discussions, deliberations, notes, and records of special selection boards.CommentsClose CommentsPermalink





Sec. 503. Administrative removal of officers from promotion list.CommentsClose CommentsPermalink





Sec. 504. Technical revisions to definition of ‘joint matters’ for purposes of joint officer management.CommentsClose CommentsPermalink





Sec. 505. Modification of authority for officers selected for appointment to general and flag officer grades to wear insignia of higher grade before appointment.CommentsClose CommentsPermalink





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





Sec. 507. Age for appointment and mandatory retirement for health professions officers.CommentsClose CommentsPermalink





Sec. 508. Authority for permanent professors at the United States Air Force Academy to hold command positions.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





Sec. 510. Continuation of warrant officers on active duty to complete disciplinary action.CommentsClose CommentsPermalink





Sec. 511. Authority to credit military graduates of the National Defense Intelligence College with completion of Joint Professional Military Education Phase I.CommentsClose CommentsPermalink





Sec. 512. Expansion of authority relating to Phase II of three-phase approach to Joint Professional Military Education.CommentsClose CommentsPermalink

Subtitle B--Reserve Component Management

Sec. 521. Repeal of requirement for new oath when officer transfers from active-duty list to reserve active-status list.CommentsClose CommentsPermalink





Sec. 522. Authority to designate certain Reserve officers as not to be considered for selection for promotion.CommentsClose CommentsPermalink





Sec. 523. Authority for assignment of Air Force Reserve military technicians (dual status) to positions outside Air Force Reserve unit program.CommentsClose CommentsPermalink





Sec. 524. Authority for temporary employment of non-dual status technicians to fill vacancies caused by mobilization of military technicians (dual status).CommentsClose CommentsPermalink





Sec. 525. Direct appointment of graduates of the United States Merchant Marine Academy into the National Guard.CommentsClose CommentsPermalink

Subtitle C--Education and Training

Sec. 531. Grade of commissioned officers in uniformed medical accession programs.CommentsClose CommentsPermalink





Sec. 532. Authority to waive maximum age limitation on admission to the service academies for certain enlisted members who served in Operation Iraqi Freedom or Operation Enduring Freedom.CommentsClose CommentsPermalink





Sec. 533. Active duty obligation for military academy graduates who participate in the Armed Forces Health Professions Scholarship and Financial Assistance program.CommentsClose CommentsPermalink





Sec. 534. Participation of Armed Forces Health Professions Scholarship and Financial Assistance Program recipients in active duty health profession loan repayment program.CommentsClose CommentsPermalink





Sec. 535. Increase in number of private sector civilians authorized for admission to the National Defense University.CommentsClose CommentsPermalink





Sec. 536. Modification of Junior Reserve Officers’ Training Corps minimum unit strength.CommentsClose CommentsPermalink





Sec. 537. Increase in maximum age for prospective Reserve Officers’ Training Corps financial assistance recipients.CommentsClose CommentsPermalink





Sec. 538. Modification of education loan repayment programs.CommentsClose CommentsPermalink





Sec. 539. Enhancements of Department of Defense undergraduate nurse training program.CommentsClose CommentsPermalink





Sec. 540. Authority for service commitment of reservists who accept fellowships, scholarships, or grants to be performed in the Selected Reserve.CommentsClose CommentsPermalink





Sec. 541. Health Professions Scholarship and Financial Assistance Program for Civilians.CommentsClose CommentsPermalink





Sec. 542. Annual report on Department of Defense graduate medical education programs.CommentsClose CommentsPermalink

Subtitle D--Defense Dependents’ Education

Sec. 551. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.CommentsClose CommentsPermalink





Sec. 552. Impact aid for children with severe disabilities.CommentsClose CommentsPermalink





Sec. 553. Authority to expand eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents.CommentsClose CommentsPermalink

Subtitle E--Leave and Related Matters

Sec. 556. Leave of members of the reserve components of the Armed Forces.CommentsClose CommentsPermalink





Sec. 557. Non-chargeable rest and recuperation absence for certain members undergoing extended deployment to a combat zone.CommentsClose CommentsPermalink

Subtitle F--Military Justice Matters

Sec. 561. Reform of offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice.CommentsClose CommentsPermalink





Sec. 562. Enhanced authority to punish contempt in military justice proceedings.CommentsClose CommentsPermalink





Sec. 563. Authority to compel production of documentary evidence prior to trial in military justice cases.CommentsClose CommentsPermalink

Subtitle G--Awards and Decorations

Sec. 566. Cold War Service Medal.CommentsClose CommentsPermalink





Sec. 567. Authority for award of Bronze Star medal to members of military forces of friendly foreign nations.CommentsClose CommentsPermalink





Sec. 568. Authorization and request for award of Distinguished-Service Cross to Shinyei Matayoshi for acts of valor during World War II.CommentsClose CommentsPermalink





Sec. 569. Authorization and request for award of Distinguished-Service Cross to Jay C. Copley for acts of valor during the Vietnam War.CommentsClose CommentsPermalink

Subtitle H--Wounded Warrior Matters

Sec. 571. Disposition of members found to be fit for duty who are not suitable for deployment or worldwide assignment for medical reasons.CommentsClose CommentsPermalink





Sec. 572. Authority to expedite background investigations for hiring of wounded warriors and spouses by the Department of Defense and defense contractors.CommentsClose CommentsPermalink

Subtitle I--Military Family Readiness Matters

Sec. 581. Additional members of Department of Defense Military Family Readiness Council.CommentsClose CommentsPermalink





Sec. 582. Enhancement of community support for military families with special needs.CommentsClose CommentsPermalink





Sec. 583. Pilot program on scholarships for military dependent children with special education needs.CommentsClose CommentsPermalink





Sec. 584. Reports on child development centers and financial assistance for child care for members of the Armed Forces.CommentsClose CommentsPermalink

Subtitle J--Other Matters

Sec. 591. Department of Defense policy concerning homosexuality in the Armed Forces.CommentsClose CommentsPermalink





Sec. 592. Recruitment and enlistment of charter school graduates in the Armed Forces.CommentsClose CommentsPermalink





Sec. 593. Updated terminology for the Army Medical Service Corps.CommentsClose CommentsPermalink

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Extension of authority for increase in basic allowance for housing for areas subject to major disaster or installations experiencing sudden increase in personnel.CommentsClose CommentsPermalink





Sec. 602. Repeal of mandatory high-deployment allowance.CommentsClose CommentsPermalink





Sec. 603. Ineligibility of certain Federal Government employees for income replacement payments.CommentsClose CommentsPermalink





Sec. 604. Report on costs incurred by members undergoing permanent change of duty station in excess of allowances.CommentsClose CommentsPermalink





Sec. 605. Report on basic allowance for housing for personnel assigned to 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 health care professionals.CommentsClose CommentsPermalink





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





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





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





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

Subtitle C--Travel and Transportation Allowances

Sec. 621. Travel and transportation allowances for attendance of members and certain other persons at Yellow Ribbon Reintegration Program events.CommentsClose CommentsPermalink





Sec. 622. Authority for payment of full replacement value for loss or damage to household goods in certain cases not covered by carrier liability.CommentsClose CommentsPermalink

Subtitle D--Disability, Retired Pay, and Survivor Benefits

Sec. 631. Repeal of automatic enrollment in Family Servicemembers’ Group Life Insurance for members of the Armed Forces married to other members.CommentsClose CommentsPermalink





Sec. 632. Conformity of special compensation for members with injuries or illnesses requiring assistance in everyday living with monthly personal caregiver stipend under Department of Veterans Affairs program of comprehensive assistance for family caregivers.CommentsClose CommentsPermalink

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--TRICARE Program

Sec. 701. One-year extension of ceiling on charges for inpatient care under the TRICARE program.CommentsClose CommentsPermalink





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





Sec. 703. Recognition of licensed mental health counselors as authorized providers under the TRICARE program.CommentsClose CommentsPermalink





Sec. 704. Plan for enhancement of quality, efficiencies, and savings in the military health care system.CommentsClose CommentsPermalink

Subtitle B--Health Care Administration

Sec. 711. Postdeployment health reassessments for purposes of the medical tracking system for members of the Armed Forces deployed overseas.CommentsClose CommentsPermalink





Sec. 712. Comprehensive policy on consistent automated neurological cognitive assessments of members of the Armed Forces before and after deployment.CommentsClose CommentsPermalink





Sec. 713. Restoration of previous policy regarding restrictions on use of Department of Defense medical facilities.CommentsClose CommentsPermalink





Sec. 714. Travel for anesthesia services for childbirth for command-sponsored dependents of members assigned to remote locations outside the continental United States.CommentsClose CommentsPermalink





Sec. 715. Clarification of authority for transfer of medical records from the Department of Defense to the Department of Veterans Affairs.CommentsClose CommentsPermalink





Sec. 716. Clarification of licensure requirements applicable to military health-care professionals who are members of the National Guard performing certain duty while in State status.CommentsClose CommentsPermalink





Sec. 717. Education and training on use of pharmaceuticals in rehabilitation programs for wounded warriors.CommentsClose CommentsPermalink

Subtitle C--Reports

Sec. 731. Report on Department of Defense support of members of the Armed Forces who experience traumatic injury as a result of vaccinations required by the Department.CommentsClose CommentsPermalink





Sec. 732. Repeal of report requirement on separations resulting from refusal to participate in anthrax vaccine immunization program.CommentsClose CommentsPermalink

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

Subtitle A--Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Improvements to structure and functioning of Joint Requirements Oversight Council.CommentsClose CommentsPermalink





Sec. 802. Cost estimates for program baselines and contract negotiations for major defense acquisition and major automated information system programs.CommentsClose CommentsPermalink





Sec. 803. Management of manufacturing risk in major defense acquisition programs.CommentsClose CommentsPermalink





Sec. 804. Extension of reporting requirements for developmental test and evaluation and systems engineering in the military departments and Defense Agencies.CommentsClose CommentsPermalink





Sec. 805. Inclusion of major subprograms to major defense acquisition programs under various acquisition-related requirements.CommentsClose CommentsPermalink





Sec. 806. Technical and clarifying amendments to Weapon Systems Acquisition Reform Act of 2009.CommentsClose CommentsPermalink

Subtitle B--Acquisition Policy and Management

Sec. 811. New acquisition process for rapid fielding of capabilities in response to urgent operational needs.CommentsClose CommentsPermalink





Sec. 812. Acquisition of major automated information system programs.CommentsClose CommentsPermalink





Sec. 813. Permanent authority for Defense Acquisition Challenge Program.CommentsClose CommentsPermalink





Sec. 814. Exportability features for Department of Defense systems.CommentsClose CommentsPermalink





Sec. 815. Reduction of supply chain risk in the acquisition of national security systems.CommentsClose CommentsPermalink





Sec. 816. Department of Defense policy on acquisition and performance of sustainable products and services.CommentsClose CommentsPermalink





Sec. 817. Repeal of requirement for certain procurements from firms in the small arms production industrial base.CommentsClose CommentsPermalink





Sec. 818. Prohibition on Department of Defense procurements from entities engaging in commercial activity in the energy sector of the Islamic Republic of Iran.CommentsClose CommentsPermalink

Subtitle C--Amendments Relating to General Contracting Authorities, Procedures, and Limitations

Sec. 831. Pilot program on acquisition of military purpose nondevelopmental items.CommentsClose CommentsPermalink





Sec. 832. Competition for production and sustainment and rights in technical data.CommentsClose CommentsPermalink





Sec. 833. Elimination of sunset date for protests of task and delivery order contracts.CommentsClose CommentsPermalink





Sec. 834. Inclusion of option amounts in limitations on authority of the Defense Advanced Research Projects Agency to carry out certain prototype projects.CommentsClose CommentsPermalink





Sec. 835. Enhancement of Department of Defense authority to respond to combat and safety emergencies through rapid acquisition and deployment of urgently needed supplies.CommentsClose CommentsPermalink

Subtitle D--Contractor Matters

Sec. 841. Contractor business systems.CommentsClose CommentsPermalink





Sec. 842. Oversight and accountability of contractors performing private security functions in areas of combat operations.CommentsClose CommentsPermalink





Sec. 843. Enhancements of authority of Secretary of Defense to reduce or deny award fees to companies found to jeopardize the health or safety of Government personnel.CommentsClose CommentsPermalink

Subtitle E--Other Matters

Sec. 851. Extension of acquisition workforce personnel management demonstration program.CommentsClose CommentsPermalink





Sec. 852. Non-availability exception from Buy American requirements for procurement of hand or measuring tools.CommentsClose CommentsPermalink





Sec. 853. Five-year extension of Department of Defense Mentor-Protege Program.CommentsClose CommentsPermalink





Sec. 854. Extension and expansion of small business programs of the Department of Defense.CommentsClose CommentsPermalink





Sec. 855. Four-year extension of test program for negotiation of comprehensive small business subcontracting plans.CommentsClose CommentsPermalink





Sec. 856. Report on supply of fire resistant fiber for production of military uniforms.CommentsClose CommentsPermalink





Sec. 857. Contractor logistics support of contingency operations.CommentsClose CommentsPermalink

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Repeal of personnel limitations applicable to certain defense-wide organizations and revisions to limitation applicable to the Office of the Secretary of Defense.CommentsClose CommentsPermalink





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





Sec. 903. Revision of structure and functions of the Reserve Forces Policy Board.CommentsClose CommentsPermalink

Subtitle B--Space Activities

Sec. 911. Limitation on use of funds for costs of terminating contracts under the National Polar-Orbiting Operational Environmental Satellite System Program.CommentsClose CommentsPermalink





Sec. 912. Limitation on use of funds for purchasing Global Positioning System user equipment.CommentsClose CommentsPermalink





Sec. 913. Plan for integration of space-based nuclear detection sensors.CommentsClose CommentsPermalink





Sec. 914. Preservation of the solid rocket motor industrial base.CommentsClose CommentsPermalink





Sec. 915. Implementation plan to sustain solid rocket motor industrial base.CommentsClose CommentsPermalink





Sec. 916. Review and plan on sustainment of liquid rocket propulsion systems industrial base.CommentsClose CommentsPermalink

Subtitle C--Intelligence Matters

Sec. 921. Permanent authority for Secretary of Defense to engage in commercial activities as security for intelligence collection activities.CommentsClose CommentsPermalink





Sec. 922. Modification of attendees at proceedings of Intelligence, Surveillance, and Reconnaissance Integration Council.CommentsClose CommentsPermalink





Sec. 923. Report on Department of Defense interservice management and coordination of remotely-piloted aircraft support of intelligence, surveillance, and reconnaissance.CommentsClose CommentsPermalink





Sec. 924. Report on requirements fulfillment and personnel management relating to Air Force intelligence, surveillance, and reconnaissance provided by remotely-piloted aircraft.CommentsClose CommentsPermalink

Subtitle D--Cyber Warfare, Cyber Security, and Related Matters

Sec. 931. Continuous monitoring of Department of Defense information systems for cybersecurity.CommentsClose CommentsPermalink





Sec. 932. Strategy on computer software assurance.CommentsClose CommentsPermalink





Sec. 933. Strategy for acquisition and oversight of Department of Defense cyber warfare capabilities.CommentsClose CommentsPermalink





Sec. 934. Report on the cyber warfare policy of the Department of Defense.CommentsClose CommentsPermalink





Sec. 935. Reports on Department of Defense progress in defending the Department and the defense industrial base from cyber events.CommentsClose CommentsPermalink

Subtitle E--Other Matters

Sec. 951. Report on organizational structure and policy guidance of the Department of Defense regarding information operations.CommentsClose CommentsPermalink





Sec. 952. Report on organizational structures of the geographic combatant command headquarters.CommentsClose CommentsPermalink

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.CommentsClose CommentsPermalink





Sec. 1002. 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

Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Extension of authority for reimbursement of expenses for certain Navy mess operations.CommentsClose CommentsPermalink

Subtitle C--Counterdrug Matters

Sec. 1021. Notice to Congress on military construction projects for facilities of foreign law enforcement agencies for counter-drug activities.CommentsClose CommentsPermalink





Sec. 1022. Extension and expansion of support for counter-drug activities of certain foreign governments.CommentsClose CommentsPermalink





Sec. 1023. Extension and modification of joint task forces support to law enforcement agencies conducting counter-terrorism activities.CommentsClose CommentsPermalink





Sec. 1024. Extension of numerical limitation on assignment of United States personnel in Colombia.CommentsClose CommentsPermalink





Sec. 1025. Reporting requirement on expenditures to support foreign counter-drug activities.CommentsClose CommentsPermalink

Subtitle D--Homeland Defense and Civil Support

Sec. 1031. Limitation on deactivation of existing Consequence Management Response Forces.CommentsClose CommentsPermalink





Sec. 1032. Authority to make excess nonlethal supplies available for domestic emergency assistance.CommentsClose CommentsPermalink





Sec. 1033. Sale of surplus military equipment to State and local homeland security and emergency management agencies.CommentsClose CommentsPermalink

Subtitle E--Miscellaneous Authorities and Limitations

Sec. 1041. National Guard support to secure the southern land border of the United States.CommentsClose CommentsPermalink





Sec. 1042. Prohibition on infringing on the individual right to lawfully acquire, possess, own, carry, and otherwise use privately owned firearms, ammunition, and other weapons.CommentsClose CommentsPermalink





Sec. 1043. Extension of limitation on use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





Sec. 1044. Limitation on transfer of detainees from United States Naval Station Guantanamo Bay, Cuba, to certain countries.CommentsClose CommentsPermalink





Sec. 1045. Clarification of right to plead guilty in trial of capital offense by military commission.CommentsClose CommentsPermalink





Sec. 1046. Fiscal year 2011 administration and report on the Troops-to-Teachers Program.CommentsClose CommentsPermalink





Sec. 1047. Military impacts of renewable energy development projects and other energy projects.CommentsClose CommentsPermalink





Sec. 1048. Public availability of Department of Defense reports required by law.CommentsClose CommentsPermalink





Sec. 1049. Development of criteria and methodology for determining the safety and security of nuclear weapons.CommentsClose CommentsPermalink

Subtitle F--Reports

Sec. 1061. Report on potential renewable energy projects on military installations.CommentsClose CommentsPermalink





Sec. 1062. Report on use of domestically-produced alternative fuels or technologies by vehicles of the Department of Defense.CommentsClose CommentsPermalink





Sec. 1063. Report on role and utility of non-lethal weapons and technologies in counterinsurgency operations.CommentsClose CommentsPermalink





Sec. 1064. Report on United States efforts to defend against threats posed by the anti-access and area-denial capabilities of certain nation-states.CommentsClose CommentsPermalink

Subtitle G--Other Matters

Sec. 1081. Technical, conforming, and updating amendments.CommentsClose CommentsPermalink

TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Modification of certain authorities relating to personnel demonstration laboratories.CommentsClose CommentsPermalink





Sec. 1102. Requirements for Department of Defense senior mentors.CommentsClose CommentsPermalink





Sec. 1103. 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. 1104. Extension and modification of enhanced Department of Defense appointment and compensation authority for personnel for care and treatment of wounded and injured members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 1105. Designation of Space and Missile Defense Technical Center of the U.S. Army Space and Missile Defense Command/Army Forces Strategic Command as a Department of Defense science and technology reinvention laboratory.CommentsClose CommentsPermalink





Sec. 1106. Treatment for certain employees paid saved or retained rates.CommentsClose CommentsPermalink





Sec. 1107. Rate of overtime pay for Department of the Navy employees performing work aboard or dockside in support of the nuclear aircraft carrier home-ported in Japan.CommentsClose CommentsPermalink

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Training and Assistance

Sec. 1201. Addition of allied government agencies to enhanced logistics interoperability authority.CommentsClose CommentsPermalink





Sec. 1202. Expansion of temporary authority to use acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability.CommentsClose CommentsPermalink





Sec. 1203. Authority to build the capacity of Yemen Ministry of Interior Counter Terrorism Forces.CommentsClose CommentsPermalink





Sec. 1204. Authority to pay personnel expenses in connection with African cooperation.CommentsClose CommentsPermalink

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

Sec. 1211. One-year extension and modification of Commanders’ Emergency Response Program and related authorities.CommentsClose CommentsPermalink





Sec. 1212. Increase in temporary limitation on amount for building capacity of foreign military forces to participate in or support military and stability operations.CommentsClose CommentsPermalink





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





Sec. 1214. Extension and modification of Pakistan Counterinsurgency Fund.CommentsClose CommentsPermalink





Sec. 1215. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan.CommentsClose CommentsPermalink





Sec. 1216. Sense of Congress and reports on training of Afghan National Police.CommentsClose CommentsPermalink

Subtitle C--Reports

Sec. 1231. One-year extension of report on progress toward security and stability in Afghanistan.CommentsClose CommentsPermalink





Sec. 1232. Two-year extension of United States plan for sustaining the Afghanistan National Security Forces.CommentsClose CommentsPermalink





Sec. 1233. Report on Department of Defense support for coalition operations.CommentsClose CommentsPermalink





Sec. 1234. Report on United States engagement with the Islamic Republic of Iran.CommentsClose CommentsPermalink





Sec. 1235. Defense Policy Board report on Department of Defense strategy to counter violent extremism outside the United States.CommentsClose CommentsPermalink





Sec. 1236. Report on Cuba.CommentsClose CommentsPermalink





Sec. 1237. Report on Venezuela.CommentsClose CommentsPermalink





Sec. 1238. Report on the disarmament of the Lord’s Resistance Army.CommentsClose CommentsPermalink

TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of cooperative threat reduction programs and funds.CommentsClose CommentsPermalink





Sec. 1302. Funding allocations.CommentsClose CommentsPermalink





Sec. 1303. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union.CommentsClose CommentsPermalink





Sec. 1304. Plan for nonproliferation, proliferation prevention, and threat reduction activities with the People’s Republic of China.CommentsClose CommentsPermalink

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.CommentsClose CommentsPermalink





Sec. 1402. National Defense Sealift Fund.CommentsClose CommentsPermalink





Sec. 1403. Defense Health Program.CommentsClose CommentsPermalink





Sec. 1404. Chemical Agents and Munitions Destruction, Defense.CommentsClose CommentsPermalink





Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink





Sec. 1406. Defense Inspector General.CommentsClose CommentsPermalink

Subtitle B--Chemical Demilitarization Matters

Sec. 1411. Consolidation and reorganization of statutory authority for destruction of United States stockpile of lethal chemical agents and munitions.CommentsClose CommentsPermalink

Subtitle C--Other Matters

Sec. 1421. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.CommentsClose CommentsPermalink

TITLE XV--OVERSEAS CONTINGENCY OPERATIONS

Sec. 1500. Purpose.CommentsClose CommentsPermalink

Subtitle A--Authorization of Additional Appropriations

Sec. 1501. Procurement.CommentsClose CommentsPermalink





Sec. 1502. Research, development, test, and evaluation.CommentsClose CommentsPermalink





Sec. 1503. Operation and maintenance.CommentsClose CommentsPermalink





Sec. 1504. Military personnel.CommentsClose CommentsPermalink





Sec. 1505. Working capital funds.CommentsClose CommentsPermalink





Sec. 1506. Defense Health Program.CommentsClose CommentsPermalink





Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink





Sec. 1508. Defense Inspector General.CommentsClose CommentsPermalink

Subtitle B--Financial Matters

Sec. 1521. Treatment as additional authorizations.CommentsClose CommentsPermalink





Sec. 1522. Special transfer authority.CommentsClose CommentsPermalink

Subtitle C--Other Matters

Sec. 1531. Availability of amounts in Overseas Contingency Operations Transfer Fund solely for detainee operations at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





Sec. 1532. Limitations on availability of funds in Afghanistan Security Forces Fund.CommentsClose CommentsPermalink





Sec. 1533. Iraq Security Forces Fund.CommentsClose CommentsPermalink





Sec. 1534. Projects of Task Force for Business and Stability Operations in Afghanistan and report on economic strategy for Afghanistan.CommentsClose CommentsPermalink





Sec. 1535. Report on management controls and oversight mechanisms for the Joint Improvised Explosive Device Defeat Organization.CommentsClose CommentsPermalink





Sec. 1536. Sense of Congress on support for integrated civilian-military training for civilian personnel deploying to Afghanistan.CommentsClose CommentsPermalink

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.CommentsClose CommentsPermalink





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





Sec. 2003. Funding tables.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





Sec. 2404. Modification of authority to carry out certain fiscal year 2010 project.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 MATTERS

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

Sec. 2801. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.CommentsClose CommentsPermalink

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Limitation on enhanced use leases of non-excess property.CommentsClose CommentsPermalink

Subtitle C--Energy Security

Sec. 2821. Enhancement of energy security activities of the Department of Defense.CommentsClose CommentsPermalink





Sec. 2822. Permanent authority to accept and use landing fees charged to use of domestic airfields by civil aircraft.CommentsClose CommentsPermalink

Subtitle D--Land Conveyances

Sec. 2831. Land conveyance, Fort Knox, Kentucky.CommentsClose CommentsPermalink





Sec. 2832. Land conveyances, Naval Support Activity (West Bank), New Orleans, Louisiana.CommentsClose CommentsPermalink





Sec. 2833. Authority for use of unobligated funds for construction of a replacement fire station at Fort Belvoir, Virginia.CommentsClose CommentsPermalink

Subtitle E--Reports

Sec. 2841. Limitation on availability of funds pending reports regarding construction of a new outlying landing field (OLF) in North Carolina and Virginia.CommentsClose CommentsPermalink

Subtitle F--Other Matters

Sec. 2851. Further enhancements to Department of Defense Homeowners Assistance Program.CommentsClose CommentsPermalink





Sec. 2852. Lease of Airborne and Special Operations Museum facility.CommentsClose CommentsPermalink





Sec. 2853. Sense of the Senate on the proposed extension of the Alaska Railroad corridor across Federal land in Alaska.CommentsClose CommentsPermalink





Sec. 2854. Sense of Congress on military housing for the Air Force.CommentsClose CommentsPermalink

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION AUTHORIZATIONS

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





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

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

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.CommentsClose CommentsPermalink





Sec. 3102. Defense environmental cleanup.CommentsClose CommentsPermalink





Sec. 3103. Other defense activities.CommentsClose CommentsPermalink

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Assessment of adequacy of budget requests with respect to maintaining the nuclear weapons stockpile.CommentsClose CommentsPermalink





Sec. 3112. Biennial plan on modernization and refurbishment of the nuclear security complex.CommentsClose CommentsPermalink





Sec. 3113. Future-years defense environmental management plan.CommentsClose CommentsPermalink





Sec. 3114. Notification of cost overruns for certain Department of Energy projects.CommentsClose CommentsPermalink





Sec. 3115. Authority to purchase or lease aircraft necessary to support the mission of the National Nuclear Security Administration.CommentsClose CommentsPermalink





Sec. 3116. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union.CommentsClose CommentsPermalink





Sec. 3117. Extension of authority of Secretary of Energy for appointment of certain scientific, engineering, and technical personnel.CommentsClose CommentsPermalink





Sec. 3118. Extension of authority of Secretary of Energy to enter into transactions to carry out certain research projects.CommentsClose CommentsPermalink





Sec. 3119. Extension of deadline for cooperation with the Russian Federation with respect to development of nuclear materials protection, control, and accounting program.CommentsClose CommentsPermalink





Sec. 3120. Repeal of sunset provision for modification of minor construction threshold for plant projects.CommentsClose CommentsPermalink





Sec. 3121. Extension of deadline for transfer of parcels of land to be conveyed to Los Alamos County, New Mexico, and held in trust for the Pueblo of San Ildefonso.CommentsClose CommentsPermalink

Subtitle C--Other Matters

Sec. 3131. Department of Energy energy parks program.CommentsClose CommentsPermalink





Sec. 3132. Reclassification of certain appropriations for the National Nuclear Security Administration.CommentsClose CommentsPermalink

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.CommentsClose CommentsPermalink

TITLE XXXIII--MARITIME ADMINISTRATION

Sec. 3301. Maritime Administration.CommentsClose CommentsPermalink

DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.CommentsClose CommentsPermalink

TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.CommentsClose CommentsPermalink





Sec. 4102. Procurement for overseas contingency operations.CommentsClose CommentsPermalink

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

Sec. 4201. Research, development, test, and evaluation.CommentsClose CommentsPermalink





Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.CommentsClose CommentsPermalink





Sec. 4302. Operation and maintenance for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLIV--OTHER AUTHORIZATIONS

Sec. 4401. Other authorizations.CommentsClose CommentsPermalink





Sec. 4402. Other authorizations for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLV--MILITARY CONSTRUCTION

Sec. 4501. Military construction.CommentsClose CommentsPermalink





Sec. 4502. 2005 base realignment and closure round fiscal year 2011 project listing.CommentsClose CommentsPermalink





Sec. 4503. Military construction for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4601. Department of Energy national security programs.CommentsClose CommentsPermalink

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

For purposes of this Act, the term ‘congressional defense committees’ has the meaning given that term in section 101(a)(16) of title 10, United States Code.CommentsClose CommentsPermalink

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONSCommentsClose CommentsPermalink

TITLE I--PROCUREMENTCommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2011 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.CommentsClose CommentsPermalink

Subtitle B--Army ProgramsCommentsClose CommentsPermalink

SEC. 111. AIRBORNE COMMON SENSOR AND ENHANCED MEDIUM ALTITUDE RECONNAISSANCE AND SURVEILLANCE SYSTEM.

(a) Limitation on Availability of Funding Pending Certification- None of the amounts authorized to be appropriated for fiscal year 2011 by section 101 for procurement for the Army and made available by the funding table in section 4101 for aircraft procurement for the Army may be obligated or expended for a program specified in subsection (b) until the Assistant Secretary of the Army (Acquisition, Logistics, and Technology) certifies to the congressional defense committees that such program--CommentsClose CommentsPermalink





(1) has successfully completed its limited user test; andCommentsClose CommentsPermalink





(2) demonstrates the technical performance necessary to achieve milestone C approval.CommentsClose CommentsPermalink





(b) Covered Programs- The programs specified in this subsection are the following:CommentsClose CommentsPermalink





(1) The Airborne Common Sensor.CommentsClose CommentsPermalink





(2) The Enhanced Medium Altitude Reconnaissance and Surveillance System.CommentsClose CommentsPermalink

Subtitle C--Navy ProgramsCommentsClose CommentsPermalink

SEC. 121. MULTIYEAR FUNDING FOR DETAIL DESIGN AND CONSTRUCTION OF LHA REPLACEMENT SHIP DESIGNATED LHA-7.

(a) Authority to Use Multiple Years of Funding- The Secretary of the Navy may enter into a contract for detail design and construction of the LHA Replacement ship designated LHA-7 that provides that, subject to subsection (b), funds for payments under the contract may be provided from amounts authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy, for fiscal years 2011 and 2012.CommentsClose CommentsPermalink





(b) Condition for Out-year Contract Payments- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2011 is subject to the availability of appropriations for that purpose for such later fiscal year.CommentsClose CommentsPermalink

SEC. 122. REQUIREMENT TO MAINTAIN NAVY AIRBORNE SIGNALS INTELLIGENCE CAPABILITIES.

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





(1) The Navy terminated the program, called the EP-X program, to acquire a new land-based airborne signals intelligence capability due to escalating costs and re-allocated funds budgeted for the program to other priorities.CommentsClose CommentsPermalink





(2) The Navy took this action without planning and budgeting for alternative means to meet operational requirements for tactical-level and theater-level signals intelligence capabilities to support the combatant commands and national intelligence consumers.CommentsClose CommentsPermalink





(3) The principal Navy airborne signals intelligence capability today is the EP-3E Airborne Reconnaissance Integrated Electronic System II (ARIES II). The aircraft and associated electronic equipment of this system are aging and will require replacement or substantial ongoing upgrades to continue to meet requirements.CommentsClose CommentsPermalink





(4) The Special Projects Aircraft (SPA) program of the Navy is the second critical element in the airborne signals intelligence capability of the Navy and provides the Navy its most advanced, comprehensive multi-intelligence and quick-reaction capability available.CommentsClose CommentsPermalink





(b) Requirement To Maintain Capabilities-CommentsClose CommentsPermalink





(1) PROHIBITION ON RETIREMENT OF PLATFORMS- The Secretary of the Navy may not retire the EP-3E Airborne Reconnaissance Integrated Electronic System II or Special Projects Aircraft platform.CommentsClose CommentsPermalink





(2) MAINTENANCE OF PLATFORMS- The Secretary of the Navy shall continue to maintain and upgrade the EP-3E Airborne Reconnaissance Integrated Electronic System II and Special Projects Aircraft platforms in order to provide capabilities necessary to operate effectively against rapidly evolving threats and to meet operational requirements.CommentsClose CommentsPermalink





(3) CERTIFICATION- Not later than February 1, 2011, and annually thereafter, the Under Secretary of Defense for Intelligence and the Vice Chairman of the Joint Chiefs of Staff shall jointly certify to Congress the following:CommentsClose CommentsPermalink





(A) That the Department of Defense is maintaining the EP-3E Airborne Reconnaissance Integrated Electronic System II and Special Projects Aircraft platforms in manner that meets all current requirements of the commanders of the combatant commands.CommentsClose CommentsPermalink





(B) That any plan for the retirement or replacement of the EP-3E Airborne Reconnaissance Integrated Electronic System II or Special Projects Aircraft platform will provide, in the aggregate, an equivalent or superior capability and capacity to the platform concerned.CommentsClose CommentsPermalink





(4) TERMINATION- The requirements of this subsection shall expire on the commencement of the fielding by the Navy of a platform or mix of platforms and sensors that are, in the aggregate, equivalent or superior to the EP-3E Airborne Reconnaissance Integrated Electronic System II and Special Projects Aircraft platforms in performance and support of the commanders of the combatant commands.CommentsClose CommentsPermalink

SEC. 123. REPORTS ON SERVICE LIFE EXTENSION OF F/A-18 AIRCRAFT BY THE DEPARTMENT OF THE NAVY.

(a) Business Case Analysis of Service Life Extension of F/A-18 Aircraft- Before the Secretary of the Navy can enter into a program to extend the service life of F/A-18 aircraft beyond 8,600 hours he must--CommentsClose CommentsPermalink





(1) conduct a business case analysis comparing extension the service life of existing F/A-18 aircraft with procuring additional F/A-18E/F aircraft as a means of managing the shortfall of the Department of the Navy in strike fighter aircraft; andCommentsClose CommentsPermalink





(2) submit to the congressional defense committees a report on the business case analysis.CommentsClose CommentsPermalink





(b) Elements of Business Case Analysis- The business case analysis required by subsection (a)(1) shall include the following:CommentsClose CommentsPermalink





(1) An estimate of the full costs of extending, over the period covered by the future-years defense program submitted to Congress with the budget of the President, legacy F/A-18 aircraft beyond 8,600 hours, including any increases in operation and maintenance costs associated with operating such aircraft beyond a service life of 8,600 hours.CommentsClose CommentsPermalink





(2) An estimate of the full costs of procuring, over the period covered by such future-years defense program, such additional F/A-18 aircraft as would be required to meet the strike fighter requirements of the Department of the Navy in the event the service life of legacy F/A-18 aircraft is not extended beyond 8,600 hours.CommentsClose CommentsPermalink





(3) An assessment of risks associated with extending the service life of legacy F/A-18 aircraft beyond 8,600 hours, including the level of certainty that the Department of the Navy will be able to achieve such an extension.CommentsClose CommentsPermalink





(4) An estimate of the cost per flight hour incurred in operating legacy F/A-18 aircraft with a service life extended beyond 8,600 hours.CommentsClose CommentsPermalink





(5) An estimate of the cost per flight hour incurred for operating new F/A-18E/F aircraft.CommentsClose CommentsPermalink





(6) An assessment of any alternatives to extending the service life of F/A-18 aircraft beyond 8,600 hours or buying additional F/A-18 aircraft, which may be available to the Navy to manage the shortfall of the Department of the Navy in strike fighter aircraft.CommentsClose CommentsPermalink





(c) Additional Elements of Report- In addition to the information required in the business case analysis under subsection (b), the report of the Secretary under subsection (a) shall include an assessment of the following:CommentsClose CommentsPermalink





(1) Differences in capabilities of--CommentsClose CommentsPermalink





(A) legacy F/A-18 aircraft that have undergone service life extension;CommentsClose CommentsPermalink





(B) F/A-18E/F aircraft; andCommentsClose CommentsPermalink





(C) F-35C aircraft.CommentsClose CommentsPermalink





(2) Differences in capabilities that would result under the F/A-18 aircraft service life extension program if such program would--CommentsClose CommentsPermalink





(A) provide only airframe life extensions to the legacy F/A-18 aircraft fleet; andCommentsClose CommentsPermalink





(B) provide for airframe life extensions and capability upgrades to the legacy F/A-18 aircraft fleet.CommentsClose CommentsPermalink





(3) Any disruption that procuring additional F/A-18 aircraft, rather than extending the service life of F/A-18 aircraft beyond 8,600 hours, would have on the plan of the Navy to procure operational carrier-variant Joint Strike Fighter aircraft.CommentsClose CommentsPermalink





(4) Any changes that procuring additional F/A-18 aircraft, rather than extending the service life of F/A-18 aircraft beyond 8600 hours, would have on the force structure or force mix intended by the Navy for its carrier air wings.CommentsClose CommentsPermalink





(5) Any other operational implication of extending (or not extending) the service life of legacy F/A-18 aircraft that the Secretary considers appropriate.CommentsClose CommentsPermalink





(d) Report On Operational F/A-18 Aircraft Squadrons- Before reducing the number of F/A-18 aircraft in an operational squadron of the Navy or Marine Corps, the Secretary must submit to the congressional defense committees a report that discusses the operational risks and impacts of reducing the squadron size. The report shall include an assessment of the following:CommentsClose CommentsPermalink





(1) The impact of the reduction on the operational capability and readiness of the Navy and the Marine Corps to conduct overseas contingency operations.CommentsClose CommentsPermalink





(2) The impact of the reduction on the capability of the Navy and the Marine Corps to meet ongoing operational demands.CommentsClose CommentsPermalink





(3) Any mechanisms the Navy intends to use to mitigate any risks associated with the squadron size reduction.CommentsClose CommentsPermalink





(4) The impact of the reduction on pilots and ground support crews of F/A-18 aircraft, in terms of training, readiness, and war fighting capabilities.CommentsClose CommentsPermalink





(e) Report On F/A-18 Aircraft Training Squadrons- Before reducing the size of an F/A-18 aircraft training squadron, or transfer an F/A-18 training aircraft for operational needs, the Secretary must submit to the congressional defense committees a report that--CommentsClose CommentsPermalink





(1) described any risks to sustaining required training of F/A-18 aircraft pilots with a reduced training aircraft base; andCommentsClose CommentsPermalink





(2) described any actions the Navy is taking to mitigate the risks described under paragraph (1).CommentsClose CommentsPermalink

SEC. 124. INCLUSION OF BASIC AND FUNCTIONAL DESIGN IN ASSESSMENTS REQUIRED PRIOR TO START OF CONSTRUCTION OF FIRST SHIP OF A SHIPBUILDING PROGRAM.

(a) Inclusion in Assessments- Subsection (b)(1) of section 124 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 28; 10 U.S.C. 7291 note) is amended by inserting ‘(and in particular completion of basic and functional design)’ after ‘completion of detail design’.CommentsClose CommentsPermalink





(b) Basic and Functional Design Defined- Subsection (d) of such section is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) BASIC AND FUNCTION DESIGN- The term ‘basic and functional design’, for a ship, means design, whether in the form of two-dimensional drawings, three-dimensional models, or computer-aided models, that fixes the hull structure of the ship, sets the hydrodynamics of the ship, routes all major distributive systems (including electricity, water, and other utilities) of the ship, and identifies the exact positioning of piping and other outfitting within each block of the ship.’.CommentsClose CommentsPermalink

SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E, F/A-18F, AND EA-18G FIGHTER AIRCRAFT.

With respect to the multiyear procurement of F/A-18E, F/A-18F, and EA-18G fighter aircraft:CommentsClose CommentsPermalink





(1) The term ‘March 1 of the year in which the Secretary requests legislative authority to enter into such contract’ in section 128(a)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2217) shall be deemed to be a reference to May 15, 2010.CommentsClose CommentsPermalink





(2) The requirement for the report specified in section 2306b(l)(4) of title 10, United States Code, shall be deemed satisfied if the report is submitted to the congressional defense committees not later than May 15, 2010.CommentsClose CommentsPermalink





(3) The authority in section 128(a) of the National Defense Authorization Act for Fiscal Year 2010, as qualified by this section, shall satisfy, with respect to the procurement of such fighter aircraft, the requirements of subsections (i)(3) and (l)(3) of section 2306b of title 10, United States Code, that a multiyear contract be authorized by law in an appropriations Act and an Act other than an appropriations Act.CommentsClose CommentsPermalink

Subtitle D--Joint and Multiservice MattersCommentsClose CommentsPermalink

SEC. 141. SYSTEM MANAGEMENT PLAN AND MATRIX FOR THE F-35 JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.

(a) System Management Plan-CommentsClose CommentsPermalink





(1) PLAN REQUIRED- The Secretary of Defense shall, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, establish a management plan for the F-35 Joint Strike Fighter aircraft program under which decisions to commit to specified levels of production are linked to progress in meeting specified program milestones, including design, manufacturing, testing, and fielding milestones for critical system maturity elements.CommentsClose CommentsPermalink





(2) NATURE OF PLAN- The plan under paragraph (1) shall align technical progress milestones with acquisition milestones in a system maturity matrix. The matrix shall provide criteria and conditions for comparing expected levels of demonstrated system maturity with annual production commitments, starting with the fiscal year 2012 production program, and continuing over the remaining life of the system development and demonstration program. The matrix and criteria shall include elements such as the following:CommentsClose CommentsPermalink





(A) Manufacturing maturity, including on-time deliveries, manufacturing process control, quality rates, and labor efficiency rates.CommentsClose CommentsPermalink





(B) Engineering maturity, including metrics for the number of new design actions and number of design changes in a given period.CommentsClose CommentsPermalink





(C) Performance and testing progress, including test points, hours and flights accomplished, capabilities demonstrated, key performance parameters, and attributes demonstrated.CommentsClose CommentsPermalink





(D) Mission effectiveness and system reliability, including operational effectiveness and reliability growth.CommentsClose CommentsPermalink





(E) Training, fielding, and deployment status.CommentsClose CommentsPermalink





(b) Reports to Congress-CommentsClose CommentsPermalink





(1) INITIAL REPORT- Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth the plan required by subsection (a). The report shall include--CommentsClose CommentsPermalink





(A) the proposed system maturity matrix described in subsection (a)(2), including a description, for each element specified in the matrix under subsection (a)(2), of the criteria and milestones to be used in evaluating actual program performance against planned performance for each annual production commitment; andCommentsClose CommentsPermalink





(B) a description of the actions to be taken to implement the plan.CommentsClose CommentsPermalink





(2) UPDATES- The Secretary shall submit to Congress, at or about the same time as the submittal to Congress of the budget of the President for any fiscal year after fiscal year 2012 (as submitted pursuant to section 1105(a) of title 31, United States Code), any modification to the plan required by subsection (a) that was made during the preceding calendar year, including a rationale for each such modification.CommentsClose CommentsPermalink





(c) Report on Capabilities of Marine Corps Variant of F-35 Fighter Aircraft at Initial Operating Capability-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the expected capabilities of the F-35B Joint Strike Fighter aircraft, the Marine Corps variant of that aircraft, when the Marine Corps declares Initial Operating Capability for the F-35B Joint Strike Fighter aircraft. The report shall be prepared in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics.CommentsClose CommentsPermalink





(2) ELEMENTS- The report under paragraph (1) shall including a description of the following with respect to the F-35B Joint Strike Fighter aircraft:CommentsClose CommentsPermalink





(A) Performance of the aircraft and its subsystems.CommentsClose CommentsPermalink





(B) Expected mission capability.CommentsClose CommentsPermalink





(C) Required maintenance and logistics standards.CommentsClose CommentsPermalink





(D) Expected levels of crew training and performance.CommentsClose CommentsPermalink





(E) Product improvements that are planned before the Initial Operating Capability of the aircraft to be made after the Initial Operating Capability of the aircraft.CommentsClose CommentsPermalink

SEC. 142. CONTRACTS FOR COMMERCIAL IMAGING SATELLITE CAPACITIES.

(a) Telescope Requirements Under Contracts After 2010- Any contract for additional commercial imaging satellite capability or capacity entered into by the Department of Defense after December 31, 2010, shall require that the imaging telescope providing such capability or capacity under such contract has an aperture of not less than 1.5 meters.CommentsClose CommentsPermalink





(b) Continuation of Current Contracts- The limitation in subsection (a) may not be construed to prohibit or prevent the Secretary of Defense from continuing or maintaining current commercial imaging satellite capability or capacity in orbit or under contract by December 31, 2010.CommentsClose CommentsPermalink

SEC. 143. QUARTERLY REPORTS ON USE OF COMBAT MISSION REQUIREMENTS FUNDS.

(a) Quarterly Reports Required-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the end of each fiscal quarter, the commander of the United States Special Operations Command shall submit to the congressional defense committees a report on the use of Combat Mission Requirements funds during the preceding fiscal quarter.CommentsClose CommentsPermalink





(2) COMBAT MISSION REQUIREMENTS FUNDS- For purposes of this section, Combat Mission Requirements funds are amounts available to the Department of Defense for Defense-wide procurement in the Combat Mission Requirements subaccount of the Defense-wide Procurement account.CommentsClose CommentsPermalink





(b) Elements- Each report under subsection (a) shall include, for the fiscal quarter covered by such report, the following:CommentsClose CommentsPermalink





(1) The balance of the Combat Mission Requirements subaccount at the beginning of such quarter.CommentsClose CommentsPermalink





(2) The balance of the Combat Mission Requirements subaccount at the end of such quarter.CommentsClose CommentsPermalink





(3) Any transfer of funds into or out of the Combat Mission Requirements subaccount during such quarter, including the source of any funds transferred into the subaccount, and the objective of any transfer of funds out of the subaccount.CommentsClose CommentsPermalink





(4) A description of any requirements approved for procurement utilizing funds in the Combat Mission Requirements subaccount during such quarter, procured utilizing funds in that subaccount during such quarter, or both, including the amount of such funds committed to the procurement of each such requirement.CommentsClose CommentsPermalink





(c) Form- Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink

SEC. 144. INTEGRATION OF SOLID STATE LASER SYSTEMS INTO CERTAIN AIRCRAFT.

(a) Analysis of Feasability Required- The Secretary of Defense shall conduct an analysis of the feasability of integrating solid state laser systems into the aircraft platforms specified in subsection (b) for purposes of permitting such aircraft to accomplish their missions, including to provide close air support.CommentsClose CommentsPermalink





(b) Aircraft- The aircraft platforms specified in this subsection shall include, at a minimum, the following:CommentsClose CommentsPermalink





(1) The C-130 aircraft.CommentsClose CommentsPermalink





(2) The B-1 bomber aircraft.CommentsClose CommentsPermalink





(3) The F-35 fighter aircraft.CommentsClose CommentsPermalink





(c) Scope of Analysis- The analysis required by subsection (a) shall include a determination of the following:CommentsClose CommentsPermalink





(1) The estimated cost per unit of each laser system analyzed.CommentsClose CommentsPermalink





(2) The estimated cost of operation and maintenance of each aircraft platform specified in subsection (b) in connection with each laser system analyzed, noting that the fidelity of such analysis may not be uniform for all aircraft platforms.CommentsClose CommentsPermalink

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

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2011 for the use of the Department of Defense for research, development, test, and evaluation as specified in the funding table in section 4201.CommentsClose CommentsPermalink

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

SEC. 211. LIMITATION ON USE OF FUNDS FOR ALTERNATIVE PROPULSION SYSTEM FOR THE F-35 JOINT STRIKE FIGHTER PROGRAM.

None of the funds authorized to be appropriated or otherwise made available by this Act may be obligated or expended for the development or procurement of an alternate propulsion system for the F-35 Joint Strike Fighter program until the Secretary of Defense submits to the congressional defense committees a certification in writing that the development and procurement of the alternate propulsion system--CommentsClose CommentsPermalink





(1) will--CommentsClose CommentsPermalink





(A) reduce the total life-cycle costs of the F-35 Joint Strike Fighter program; andCommentsClose CommentsPermalink





(B) improve the operational readiness of the fleet of F-35 Joint Strike Fighter aircraft; andCommentsClose CommentsPermalink





(2) will not--CommentsClose CommentsPermalink





(A) disrupt the F-35 Joint Strike Fighter program during the research, development, and procurement phases of the program; orCommentsClose CommentsPermalink





(B) result in the procurement of fewer F-35 Joint Strike Fighter aircraft during the life cycle of the program.CommentsClose CommentsPermalink

SEC. 212. LIMITATION ON USE OF FUNDS BY DEFENSE ADVANCED RESEARCH PROJECTS AGENCY FOR OPERATION OF NATIONAL CYBER RANGE.

(a) Prohibition on Use of Funds Pending Report- Amounts authorized to be appropriated by this Act and available to the Defense Advanced Research Projects Agency may not be obligated or expended for the National Cyber Range established in support of the Comprehensive National Cybersecurity Initiative until 90 days after the date on which the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the Committees on Armed Services of the Senate and the House of Representatives a report described in subsection (c).CommentsClose CommentsPermalink





(b) Limitation on Use of Funds After Report- Commencing on the date that is 90 days after the date on which the Under Secretary submits a report described in subsection (c), amounts described in subsection (a) shall be available for obligation or expenditure for such research and development activities as the Under Secretary considers appropriate to ensure and assess the functionality of the National Cyber Range.CommentsClose CommentsPermalink





(c) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- The report described in this subsection is a report setting forth a plan for the transition of the National Cyber Range to operation and sustainment.CommentsClose CommentsPermalink





(2) ELEMENTS- The report shall include, at a minimum, the following:CommentsClose CommentsPermalink





(A) An analysis of various potential recipients under the transition of the National Cyber Range.CommentsClose CommentsPermalink





(B) For each recipient analyzed under subparagraph (A), a description of the proposed transition of the National Cyber Range to such recipient, including the proposed schedule and funding for such transition.CommentsClose CommentsPermalink





(3) POTENTIAL RECIPIENTS- The recipients analyzed in the report under paragraph (2)(A) shall include, at a minimum, the following:CommentsClose CommentsPermalink





(A) A consortium for the operation and sustainment of the National Cyber Range as a government-owned, government-operated facility.CommentsClose CommentsPermalink





(B) A consortium for the operation and sustainment of the National Cyber Range as a government-owned, contractor-operated facility.CommentsClose CommentsPermalink

SEC. 213. ENHANCEMENT OF DEPARTMENT OF DEFENSE SUPPORT OF SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION.

(a) Discharge of Support Through Military Departments- Section 2192(b) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink





(2) by inserting after paragraph (1) the following new paragraph (2):CommentsClose CommentsPermalink





‘(2) The Secretary of Defense may carry out the authority in paragraph (1) through the Secretaries of the military departments.’.CommentsClose CommentsPermalink





(b) Partnership Intermediaries for Purposes of Education Partnerships- Section 2194 of such title is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (e) as subsection (f); andCommentsClose CommentsPermalink





(2) by inserting after subsection (d) the following new subsection (e):CommentsClose CommentsPermalink





‘(e) The Secretary of Defense may permit the director of a defense laboratory to enter into a cooperative agreement with an appropriate entity to act as an intermediary and assist the director in carrying out activities under this section.’.CommentsClose CommentsPermalink

SEC. 214. PROGRAM FOR RESEARCH, DEVELOPMENT, AND DEPLOYMENT OF ADVANCED GROUND VEHICLES, GROUND VEHICLE SYSTEMS, AND COMPONENTS.

(a) Program Required- The Secretary of Defense may carry out a program for research and development on, and deployment of, advanced technology ground vehicles, ground vehicle systems, and components within the Department of Defense.CommentsClose CommentsPermalink





(b) Goals and Objectives- The goals and objectives of the program authorized by subsection (a) are as follows:CommentsClose CommentsPermalink





(1) To identify and support technological advances that are necessary for the development of advanced technologies for use in ground vehicles of types to be used by the Department of Defense.CommentsClose CommentsPermalink





(2) To procure and deploy significant quantities of advanced technology ground vehicles for use by the Department.CommentsClose CommentsPermalink





(3) To maximize the leverage of Federal and nongovernment funds used for the development and deployment of advanced technology ground vehicles, ground vehicle systems, and components.CommentsClose CommentsPermalink





(c) Elements of Program- The program authorized by subsection (a) may include--CommentsClose CommentsPermalink





(1) enhanced research and development activities for advanced technology ground vehicles, ground vehicle systems, and components, including--CommentsClose CommentsPermalink





(A) increased investments in research and development of batteries, advanced materials, power electronics, fuel cells and fuel cell systems, hybrid systems, and advanced engines;CommentsClose CommentsPermalink





(B) pilot projects for the demonstration of advanced technologies in ground vehicles for use by the Department of Defense; andCommentsClose CommentsPermalink





(C) the establishment of public-private partnerships, including research centers, manufacturing and prototyping facilities, and test beds, to speed the development, deployment, and transition to use of advanced technology ground vehicles, ground vehicle systems, and components; andCommentsClose CommentsPermalink





(2) enhanced activities to procure and deploy advanced technology ground vehicles in the Department, including--CommentsClose CommentsPermalink





(A) preferences for the purchase of advanced technology ground vehicles;CommentsClose CommentsPermalink





(B) utilization of the authorities of the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) to stimulate the development and production of advanced technology systems and ground vehicles through purchases, loan guarantees, and other mechanisms;CommentsClose CommentsPermalink





(C) pilot programs to demonstrate advanced technology ground vehicles and associated infrastructure at select defense installations;CommentsClose CommentsPermalink





(D) metrics to evaluate environmental and other benefits, life cycle costs, and greenhouse gas emissions associated with the deployment of advanced technology ground vehicles; andCommentsClose CommentsPermalink





(E) schedules and objectives for the conversion of the ground vehicle fleet of the Department to advanced technology ground vehicles.CommentsClose CommentsPermalink





(d) Cooperation With Industry and Academia-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may carry out the program authorized by subsection (a) through partnerships and other cooperative agreements with private sector entities, including--CommentsClose CommentsPermalink





(A) universities and other academic institutions;CommentsClose CommentsPermalink





(B) companies in the automobile and truck manufacturing industry;CommentsClose CommentsPermalink





(C) companies that supply systems and components to the automobile and truck manufacturing industry; andCommentsClose CommentsPermalink





(D) any other companies or private sector entities that the Secretary considers appropriate.CommentsClose CommentsPermalink





(2) NATURE OF COOPERATION- The Secretary shall ensure that any partnership or cooperative agreement under paragraph (1) provides for private sector participants to collectively contribute, in cash or in kind, not less than one-half of the total cost of the activities carried out under such partnership or cooperative agreement.CommentsClose CommentsPermalink





(e) Coordination With Other Federal Agencies- The program authorized by subsection (a) shall be carried out, to the maximum extent practicable, in coordination with the Department of Energy and other appropriate departments and agencies of the Federal Government.CommentsClose CommentsPermalink

SEC. 215. DEMONSTRATION AND PILOT PROJECTS ON CYBERSECURITY.

(a) Demonstration Projects on Processes for Application of Commercial Technologies to National Cybersecurity Requirements-CommentsClose CommentsPermalink





(1) PROJECTS AUTHORIZED- The Secretary of Defense may, acting through the Defense Information Systems Agency and the Information Systems Security Program, carry out demonstration projects to assess the feasability and advisability of utilizing various business models and processes to rapidly and effectively identify innovative commercial technologies and apply such technologies to Department of Defense and other national cybersecurity requirements.CommentsClose CommentsPermalink





(2) SCOPE OF PROJECTS- Any demonstration project under paragraph (1) shall be carried out in such a manner as to contribute to the cyber policy review of the President and the Comprehensive National Cybersecurity Initiative.CommentsClose CommentsPermalink





(b) Pilot Programs on Cybersecurity Required-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense shall support or conduct at least four pilot programs on cybersecurity in accordance with the requirements of this subsection.CommentsClose CommentsPermalink





(2) THREAT SENSING AND WARNING FOR INFORMATION NETWORKS WORLDWIDE- Under one of the pilot programs under this subsection, the Secretary of Defense shall support the Secretary of Homeland Security in promoting the establishment of a consortium of major telecommunications service providers, Internet service providers, and other appropriate commercial entities, which consortium shall seek to achieve the following:CommentsClose CommentsPermalink





(A) A comprehensive view of information networks worldwide.CommentsClose CommentsPermalink





(B) A capability for threat sensing and warning within such networks.CommentsClose CommentsPermalink





(C) If determined advisable by the Secretary of Defense and the Secretary of Homeland Security for purposes of the pilot program, a capability for defending the Internet domains of the United States Government and the Department of Defense and appropriate elements of the defense industrial base.CommentsClose CommentsPermalink





(3) MANAGED SECURITY SERVICES FOR CYBERSECURITY WITHIN DEFENSE INDUSTRIAL BASE- Under one of the pilot programs under this subsection, the Secretary of Defense shall, in coordination with the Secretary of Homeland Security, assess the feasability and advisability of utilizing managed security services to improve the cybersecurity capabilities of elements of the defense industrial base. In utilizing managed security services for that purpose under the pilot program, the Secretary may provide for the following:CommentsClose CommentsPermalink





(A) Utilizing threat intelligence feeds from Government and commercial sources.CommentsClose CommentsPermalink





(B) Engaging in intrusion detection and prevention based on known signatures and patterns of behavior.CommentsClose CommentsPermalink





(C) Utilizing automated reporting to Government network and security operations centers.CommentsClose CommentsPermalink





(D) Utilizing context-enabled and content-enabled analysis tools and services to detect and react to previously unknown attack techniques.CommentsClose CommentsPermalink





(E) Utilizing innovative system integrity validation and memory analysis tools.CommentsClose CommentsPermalink





(F) Utilizing careful and rigorous control of internal environments and configurations to enable continuous monitoring of vulnerability status and deviations from baselines and to enable assessment of data loss during an incident.CommentsClose CommentsPermalink





(G) Utilizing a major Internet service provider or network access point provider to provide visibility of developing threats and information network infrastructure through which to provide managed security services under the pilot program.CommentsClose CommentsPermalink





(4) USE OF PRIVATE PROCESSES AND INFRASTRUCTURE TO ADDRESS THREATS, PROBLEMS, VULNERABILITIES, OR OPPORTUNITIES IN CYBERSECURITY- Under one of the pilot programs under this subsection, the Secretary of Defense shall assess the feasability and advisability of entering into a partnership with one or more private sector entities (including private industry entities, academia, and non-profit institutions) to establish processes and infrastructure in the private sector to permit the Department of Defense to address threats, problems, vulnerabilities, or opportunities in cybersecurity. In entering into a partnership under the pilot program, the Secretary may seek to provide for the following:CommentsClose CommentsPermalink





(A) The rapid acquisition by the Department of Defense of operational or technical capabilities from the private sector to address threats, problems, vulnerabilities, or opportunities in cybersecurity.CommentsClose CommentsPermalink





(B) For purposes of enabling private sector control of resulting intellectual property (while reserving appropriate rights for the Government), and to transition capabilities into both the Government and commercial markets using commercial development and integration practices, the following:CommentsClose CommentsPermalink





(i) The identification and procurement of cybersecurity capabilities applicable to both Government and private-sector needs.CommentsClose CommentsPermalink





(ii) The incentivization of investments in cybersecurity technology and capabilities by the private sector.CommentsClose CommentsPermalink





(5) PROCESSES FOR UNIFORM EVALUATION OF COMMERCIAL CYBERSECURITY PRODUCTS AND SERVICES- Under one of the pilot programs under this subsection, the Secretary of Defense shall assess the feasability and advisability of developing a process for the evaluation of commercial cybersecurity products and services utilizing a common set of standards and a common taxonomy. The process developed for purposes of the pilot program shall include metrics on the performance of different cybersecurity solutions that enable senior Department of Defense officials to--CommentsClose CommentsPermalink





(A) assess and compare cybersecurity products across information technology functions that must be accomplished within the components under their jurisdiction; andCommentsClose CommentsPermalink





(B) combine different cybersecurity products and services in order to build comprehensive and highly capable cybersecurity solutions within and across organizational boundaries.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) REPORTS REQUIRED- Not later than eight months after the date of the enactment of this Act, and annually thereafter at or about the time of the submittal to Congress of the budget of the President for a fiscal year (as submitted pursuant to section 1105(a) of title 31, United States Code), the Secretary of Defense shall, in coordination with the Secretary of Homeland Security, submit to Congress a report on any demonstration projects carried out under subsection (a), and on the pilot projects carried out under subsection (b) for which the Secretary of Defense has lead responsibility, during the preceding year.CommentsClose CommentsPermalink





(2) ELEMENTS- Each report under this subsection shall include the following:CommentsClose CommentsPermalink





(A) A description and assessment of any activities under the demonstration projects and pilot projects referred to in paragraph (1) during the preceding year.CommentsClose CommentsPermalink





(B) For the pilot project required by subsection (b)(3):CommentsClose CommentsPermalink





(i) An assessment of the extent to which managed security services covered by the pilot project could provide effective and affordable cybersecurity capabilities for components of the Department of Defense and for entities in the defense industrial base, and an assessment whether such services could be expanded rapidly to a large scale without exceeding the ability of the Government to manage such expansion.CommentsClose CommentsPermalink





(ii) An assessment of whether managed security services are compatible with the cybersecurity strategy of the Department of Defense of conducting an active defense in depth under the direction of United States Cyber Command.CommentsClose CommentsPermalink





(C) For the pilot project required by subsection (b)(4):CommentsClose CommentsPermalink





(i) A description of any performance metrics established for purposes of the pilot project, and a description of any processes developed for purposes of accountability and governance under any partnership under the pilot project.CommentsClose CommentsPermalink





(ii) An assessment of the role a partnership such as a partnership under the pilot project would play in the acquisition of cyberspace capabilities by the Department of Defense, including a role with respect to requirements development and approval, approval and oversight of acquiring capabilities, test and evaluation of new capabilities, and budgeting for new capabilities.CommentsClose CommentsPermalink





(D) For the pilot project required by subsection (b)(5):CommentsClose CommentsPermalink





(i) An assessment of the viability of a establishing a process and taxonomy for the evaluation of commercial cybersecurity technologies within a common framework.CommentsClose CommentsPermalink





(ii) An assessment of the advantages and disadvantages of selected commercial cybersecurity products and capabilities, as determined through metrics associated with the evaluation process under the pilot project.CommentsClose CommentsPermalink





(iii) An assessment of the ease or difficulty of integrating commercial cybersecurity products and capabilities with the cybersecurity capabilities of the Department of Defense through the metrics and taxonomy associated with the evaluation process.CommentsClose CommentsPermalink





(iv) An assessment of whether there are gaps in current and planned cybersecurity capabilities of the Department of Defense that could be addressed through the implementation of integrated solutions identified through the evaluation process.CommentsClose CommentsPermalink





(3) FORM- Each report under this subsection shall be submitted in both unclassified form and classified form.CommentsClose CommentsPermalink





(d) Funding- Of the amount authorized to be appropriated by section 201 and available for research, development, test, and evaluation, Defense-wide activities, for the Defense Information Systems Agency for Program Element 32019K, as specified in the funding table in section 4201, $30,000,000 shall be available to carry out demonstration projects authorized by subsection (a) and the pilot projects required by subsection (b).CommentsClose CommentsPermalink

Subtitle C--Missile Defense MattersCommentsClose CommentsPermalink

SEC. 231. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.

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





(1) On September 17, 2009, President Obama announced the decision to proceed with the Phased Adaptive Approach (PAA) to missile defense in Europe, a plan that was unanimously recommended by the Secretary of Defense and the Joint Chiefs of Staff.CommentsClose CommentsPermalink





(2) The Phased Adaptive Approach to missile defense in Europe is designed to defend European territory of North Atlantic Treaty Organization (NATO) countries against the evolving threat of ballistic missiles from Iran, starting with defense against existing short-range and medium-range missiles, and to supplement defense of the United States against potential future long-range missiles from Iran.CommentsClose CommentsPermalink





(3) The Phased Adaptive Approach has four phases, and is centered around the deployment of Aegis Ballistic Missile Defense (BMD) systems at sea and on land in Europe.CommentsClose CommentsPermalink





(4) Phase 1 of the Phased Adaptive Approach will be deployed in the 2011 timeframe, and is planned to include the deployment of Aegis Ballistic Missile Defense vessels with Standard Missile-3 Block IA interceptors, and the deployment of an AN/TPY-2 radar in southern Europe.CommentsClose CommentsPermalink





(5) Phase 2 of the Phased Adaptive Approach will be deployed in the 2015 timeframe, and is planned to include the deployment of Standard Missile-3 Block IB interceptors on Aegis Ballistic Missile Defense vessels and at an Aegis Ashore site in Romania.CommentsClose CommentsPermalink





(6) Phase 3 of the Phased Adaptive Approach will be deployed in the 2018 timeframe, and is planned to include the deployment of Standard Missile-3 Block IIA interceptors on Aegis Ballistic Missile Defense vessels, and at an Aegis Ashore site in Poland.CommentsClose CommentsPermalink





(7) Phase 4 of the Phased Adaptive Approach will be deployed in the 2020 timeframe, and is planned to include a new land-based variant of the Standard Missile-3 interceptor, the Block IIB. This interceptor is intended to be capable of intercepting potential future long-range ballistic missiles from Iran early in flight, including intercontinental missiles that could be capable of reaching the United States.CommentsClose CommentsPermalink





(8) In February, 2010, the Department of Defense released the first-ever Ballistic Missile Defense Review Report, as required by section 234 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4393). The Ballistic Missile Defense Review stated that the Phased Adaptive Approach will be pursued in additional regions, as appropriate, including the Middle East and East Asia.CommentsClose CommentsPermalink





(9) The Ground-based Midcourse Defense system will soon have 30 operational Ground-Based Interceptors deployed in Alaska and California, capable of providing defense of the United States against potential long-range missile threats from North Korea or Iran. In June 2009, Secretary of Defense Robert Gates wrote that the system ‘provides a robust capability to deal with the ICBM threat from rogue countries for the foreseeable future’.CommentsClose CommentsPermalink





(10) In a unilateral statement accompanying the signing of the New START Treaty on April 8, 2010, the United States Government said that the ‘United States intends to continue improving and deploying its missile defense systems in order to defend itself against limited attack and as part of our collaborative approach to strengthening stability in key regions’.CommentsClose CommentsPermalink





(11) On May 18, 2010, in testimony to the Committee on Foreign Relations of the Senate concerning the New START Treaty, Secretary of Defense Robert Gates stated ‘the treaty will not constrain the United States from deploying the most effective missile defenses possible, nor impose additional costs or barriers on those defenses. As the administration’s Ballistic Missile Defense Review and budget plans make clear, the United States will continue to improve our capability to defend ourselves, our deployed forces, and our allies and partners against ballistic missile threats. We made this clear to the Russians in a unilateral statement made in connection with the treaty’.CommentsClose CommentsPermalink





(12) The Department of Defense is continuing the development and testing of the two-stage Ground-Based Interceptor as part of a hedging strategy for defense of the United States homeland against limited ballistic missile attack from nations such as North Korea or Iran, consistent with the testimony of the Under Secretary of Defense for Policy on October 1, 2009, that ‘we keep the development of the two-stage GBI on the books as a hedge in case things come earlier, in case there’s any kind of technological challenge with the later models of the SM-3’.CommentsClose CommentsPermalink





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





(1) that the Phased Adaptive Approach to missile defense in Europe is an appropriate response to the existing ballistic missile threat from Iran to European territory of North Atlantic Treaty Organization countries, and to potential future ballistic missile capabilities of Iran, and, as indicated by the April 19, 2010, certification by the Under Secretary of Defense for Acquisition, Technology, and Logistics, meets congressional guidance provided in section 235 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2234);CommentsClose CommentsPermalink





(2) that the Phased Adaptive Approach to missile defense in Europe is not intended to, and will not, provide a missile defense capability relative to the ballistic missile deterrent forces of the Russian Federation, or diminish strategic stability with the Russian Federation;CommentsClose CommentsPermalink





(3) to support the efforts of the United States Government and the North Atlantic Treaty Organization to pursue cooperation with the Russian Federation on ballistic missile defense relative to Iranian missile threats;CommentsClose CommentsPermalink





(4) that the Ground-based Midcourse Defense (GMD) system deployed in Alaska and California currently provides adequate defensive capability for the United States against potential and forseeable future long-range ballistic missiles from Iran, and this capability will be enhanced as the system is improved, including by the planned deployment of an AN/TPY-2 radar in southern Europe in 2011;CommentsClose CommentsPermalink





(5) that the United States should, as stated in its unilateral statement accompanying the New START Treaty, ‘continue improving and deploying its missile defense systems in order to defend itself against limited attack and as part of our collaborative approach to strengthening stability in key regions’;CommentsClose CommentsPermalink





(6) that, as part of this effort, the Department of Defense should pursue the development, testing, and deployment of operationally effective versions of all variants of the Standard Missile-3 for all four phases of the Phased Adaptive Approach to missile defense in Europe;CommentsClose CommentsPermalink





(7) that the SM-3 Block IIB interceptor missile planned for deployment in Phase 4 of the Phased Adaptive Approach should be capable of addressing the potential future threat of intermediate-range and long-range ballistic missiles from Iran, including intercontinental ballistic missiles that could be capable of reaching the United States;CommentsClose CommentsPermalink





(8) that there are no constraints contained in the New START Treaty on the development or deployment by the United States of effective missile defenses, including all phases of the Phased Adaptive Approach to missile defense in Europe and further enhancements to the Ground-based Midcourse Defense system, as well as future missile defenses; andCommentsClose CommentsPermalink





(9) that the Department of Defense should continue the development, testing, and assessment of the two-stage Ground-Based Interceptor in such a manner as to provide a hedge against potential technical challenges with the development of the SM-3 Block IIB interceptor missile as a means of augmenting the defense of Europe and of the homeland against a limited ballistic missile attack from nations such as North Korea or Iran.CommentsClose CommentsPermalink





(c) New START Treaty Defined- In this section, the term ‘New START Treaty’ means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010.CommentsClose CommentsPermalink

SEC. 232. REPEAL OF PROHIBITION ON CERTAIN CONTRACTS BY THE MISSILE DEFENSE AGENCY WITH FOREIGN ENTITIES.

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

SEC. 233. MEDIUM EXTENDED AIR DEFENSE SYSTEM.

(a) Limitation on Availability of Funds- None of the funds authorized to be appropriated by this Act for the Department of Defense for fiscal year 2011 and available for the Medium Extended Air Defense System (MEADS) may be obligated or expended until the following conditions are met:CommentsClose CommentsPermalink





(1) The Department of Defense has completed the Critical Design Review and the System Program Review for the Medium Extended Air Defense System program and made a decision on how or whether to proceed with the program or an alternative to the program.CommentsClose CommentsPermalink





(2) The Secretary of Defense has submitted to the congressional defense committees a report setting forth a detailed explanation of the decision described in paragraph (1), which report contains the elements specified in subsection (b).CommentsClose CommentsPermalink





(3) 60 days have elapsed following the receipt by the congressional defense committees of the report described in paragraph (2).CommentsClose CommentsPermalink





(b) Elements of Report- The elements specified in this subsection for the report described in subsection (a)(2) are the following:CommentsClose CommentsPermalink





(1) A detailed description of the decision described in subsection (a)(1), and the explanation for that decision.CommentsClose CommentsPermalink





(2) A cost estimate, performed by the Director of Cost Assessment and Program Evaluation, of the Medium Extended Air Defense System program or any alternative to that program decided upon by the Department of Defense as described in subsection (a)(1).CommentsClose CommentsPermalink





(3) An analysis of alternatives (AOA) to the Medium Extended Air Defense System program and its component elements.CommentsClose CommentsPermalink





(4) A description of the planned schedule and cost for the development, production, and deployment of the Medium Extended Air Defense System or any alternative to that system decided upon by the Department as described in subsection (a)(1).CommentsClose CommentsPermalink





(5) A description of the role of Germany and Italy in the Medium Extended Air Defense System program or any alternative to that program decided upon by the Department as described in subsection (a)(1), including the role of such countries in procurement or production of elements of such program.CommentsClose CommentsPermalink





(6) Any other matters that the Secretary of Defense considers appropriate.CommentsClose CommentsPermalink





(c) Form of Report- The report described in subsection (a)(2) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink

SEC. 234. ACQUISITION ACCOUNTABILITY REPORTS ON THE BALLISTIC MISSILE DEFENSE SYSTEM.

(a) Baselines Required- The Secretary of Defense shall ensure that the Missile Defense Agency establishes and maintains an acquisition baseline for each program element of the Ballistic Missile Defense System, as specified in section 223 of title 10, United States Code.CommentsClose CommentsPermalink





(b) Elements of Baselines- Each acquisition baseline required by subsection (a) for a program element shall include the following:CommentsClose CommentsPermalink





(1) A comprehensive schedule for the program element, including--CommentsClose CommentsPermalink





(A) research and development milestones;CommentsClose CommentsPermalink





(B) acquisition milestones, including design reviews and key decision points;CommentsClose CommentsPermalink





(C) key test events, including ground and flight tests and Ballistic Missile Defense System tests; andCommentsClose CommentsPermalink





(D) delivery and fielding schedules.CommentsClose CommentsPermalink





(2) A detailed technical description of--CommentsClose CommentsPermalink





(A) the capability to be developed, including hardware and software;CommentsClose CommentsPermalink





(B) system requirements;CommentsClose CommentsPermalink





(C) how the proposed capability satisfies a capability identified by the commanders of the combatant commands on a Prioritized Capabilities List;CommentsClose CommentsPermalink





(D) key knowledge points that must be achieved to permit continuation of the program and to inform production and deployment decisions; andCommentsClose CommentsPermalink





(E) how the Missile Defense Agency plans to improve the capability over time.CommentsClose CommentsPermalink





(3) A cost estimate for the program element, including--CommentsClose CommentsPermalink





(A) a life cycle cost estimate;CommentsClose CommentsPermalink





(B) program acquisition unit costs for the program element;CommentsClose CommentsPermalink





(C) average procurement unit costs and program acquisition costs for the program element; andCommentsClose CommentsPermalink





(D) an identification when the program Joint Cost Analysis Requirements Description document is scheduled to be approved.CommentsClose CommentsPermalink





(4) A test baseline summarizing the comprehensive test program for the program element outlined in the Integrated Master Test Plan.CommentsClose CommentsPermalink





(c) Annual Reports on Acquisition Baselines-CommentsClose CommentsPermalink





(1) ANNUAL REPORTS REQUIRED- Not later than February 15, 2011, and annually thereafter, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report on the acquisition baselines required by subsection (a). The first such report shall set forth the acquisition baselines, and each later report shall identify the significant changes or variances, if any, in any such baseline from any earlier report under this subsection.CommentsClose CommentsPermalink





(2) FORM- Each report under this subsection shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink





(d) Annual Reports on Missile Defense Executive Board Activities- The Director shall include in each report under subsection (c) a description of the activities of the Missile Defense Executive Board during the preceding fiscal year, including the following:CommentsClose CommentsPermalink





(1) A list of each meeting of the Board during the preceding fiscal year.CommentsClose CommentsPermalink





(2) The agenda and issues considered at each such meeting.CommentsClose CommentsPermalink





(3) A description of any decisions or recommendations made by the Board at each such meeting.CommentsClose CommentsPermalink

SEC. 235. INDEPENDENT REVIEW AND ASSESSMENT OF THE GROUND-BASED MIDCOURSE DEFENSE SYSTEM.

(a) Independent Review and Assessment Required- The Secretary of Defense shall select an appropriate entity outside the Department of Defense to conduct an independent review and assessment of the Ground-Based Midcourse Defense (GMD) system. In selecting the entity to conduct the review and assessment, the Secretary shall consult with the chairman and ranking minority member of the Committee on Armed Services of the Senate and the chairman and ranking minority member of the Committee on Armed Services of the House of Representatives.CommentsClose CommentsPermalink





(b) Elements- The review and assessment required by this section shall address current Department of Defense plans with respect to the following:CommentsClose CommentsPermalink





(1) The force structure and inventory levels necessary for the Ground-Based Midcourse Defense system to achieve the planned capabilities of that system, including an analysis of costs and potential advantages of deploying additional operational ground-based interceptor missiles.CommentsClose CommentsPermalink





(2) The number of ground-based interceptor missiles necessary for operational assets, test assets (including developmental and operational test assets and aging and surveillance test assets), and spare missiles for the Ground-Based Midcourse Defense system.CommentsClose CommentsPermalink





(3) The plan to maintain the operational effectiveness of the Ground-Based Midcourse Defense system over the course of its service life, including any modernization or capability enhancement efforts, and any sustainment efforts.CommentsClose CommentsPermalink





(4) The plan for funding the development, production, deployment, testing, improvement, and sustainment of the Ground-Based Midcourse Defense system.CommentsClose CommentsPermalink





(5) The plan for flight testing the Ground-Based Midcourse Defense system, including aging and surveillance tests to demonstrate the continuing effectiveness of the system over the course of its service life.CommentsClose CommentsPermalink





(6) The plan for production of ground-based interceptor missiles necessary for operational test assets, aging and surveillance test assets, and spare missiles for the Ground-Based Midcourse Defense system.CommentsClose CommentsPermalink





(c) Report- Not later than six months after the date of the enactment of this Act, the entity conducting the review and assessment under this section shall submit to the Secretary and the congressional defense committees a report containing--CommentsClose CommentsPermalink





(1) the results of the review and assessment; andCommentsClose CommentsPermalink





(2) recommendations on how the Department of Defense may improve upon its plans to ensure the availability, reliability, maintainability, supportability, and improvement of the Ground-Based Midcourse Defense system.CommentsClose CommentsPermalink

TITLE III--OPERATION AND MAINTENANCECommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year 2011 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.CommentsClose CommentsPermalink

Subtitle B--Environmental ProvisionsCommentsClose CommentsPermalink

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE TWIN CITIES ARMY AMMUNITION PLANT, MINNESOTA.

(a) Authority to Reimburse-CommentsClose CommentsPermalink





(1) TRANSFER AMOUNT- Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $5,620,000 in fiscal year 2011 to the Hazardous Substance Superfund.CommentsClose CommentsPermalink





(2) PURPOSE OF REIMBURSEMENT- The amount authorized to be transferred under paragraph (1) is to reimburse the Environmental Protection Agency for costs the Agency incurred relating to the response actions performed at the Twin Cities Army Ammunition Plant, Minnesota.CommentsClose CommentsPermalink





(3) INTERAGENCY AGREEMENT- The reimbursement described in paragraph (2) is intended to satisfy certain terms of the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Twin Cities Army Ammunition Plant that took effect in December 1987 and that provided for the recovery of expenses by the Agency from the Department of the Army.CommentsClose CommentsPermalink





(b) Source of Funds- The transfer of funds authorized in subsection (a) shall be made using funds authorized to be appropriated for fiscal year 2011 for operation and maintenance for Environmental Restoration, Army.CommentsClose CommentsPermalink

SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED PENALTIES IN CONNECTION WITH NAVAL AIR STATION, BRUNSWICK, MAINE.

(a) Authority to Transfer Funds-CommentsClose CommentsPermalink





(1) TRANSFER AMOUNT- Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $153,000 to the Hazardous Substance Superfund.CommentsClose CommentsPermalink





(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. 313. REQUIREMENTS RELATING TO AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY INVESTIGATION OF EXPOSURE TO DRINKING WATER CONTAMINATION AT CAMP LEJEUNE, NORTH CAROLINA.

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





(1) On March 22, 2010, the Agency for Toxic Substances and Disease Registry (ATSDR) sent a letter to the Department of the Navy raising concerns about the completeness of historical and contemporary documents, records, and electronic data provided by the Department of the Navy pertaining to ATSDR scientific studies of contamination and remediation of the base-wide drinking water systems and sites at Camp Lejeune, North Carolina.CommentsClose CommentsPermalink





(2) The discovery of records pertaining to the contamination of Camp Lejeune drinking water systems should not depend on specific requests from ATSDR, but on a shared goal of ensuring the scientific accuracy of the studies conducted pursuant to the Annual Plan of Work of ATSDR and the responsibility of the Secretary of Defense to provide relevant information.CommentsClose CommentsPermalink





(b) Requirement- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall--CommentsClose CommentsPermalink





(1) take appropriate actions to ensure that ATSDR has full access to all documents described in the March 22, 2010, letter of ATSDR referred to in subsection (a)(1);CommentsClose CommentsPermalink





(2) make appropriate staff available to work with ATSDR to--CommentsClose CommentsPermalink





(A) reconcile all inventories of documents referenced and described in the March 22, 2010, letter of ATSDR with records and data previously supplied to ATSDR; andCommentsClose CommentsPermalink





(B) identify documents described in the March 22, 2010, letter of ATSDR that are most relevant to the ATSDR review; andCommentsClose CommentsPermalink





(3) conduct a good faith review to identify any additional historical or contemporary documents, records, or electronic data pertaining to the contamination sites at Camp Lejeune listed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Solid Waste Disposal Act that are relevant to the ATSDR studies of contamination and remediation of the base-wide drinking water systems and sites at Camp Lejeune that are in the possession of the Department of the Navy and have not previously been provided to ATSDR.CommentsClose CommentsPermalink





(c) Limitation on Use of Funds- None of the funds authorized to be appropriated by this Act may be used to administratively process or adjudicate any claim filed regarding water contamination at Camp Lejeune until ATSDR fully completes all epidemiological and water modeling studies relevant to such contamination that are ongoing as of June 1, 2010.CommentsClose CommentsPermalink





(d) Resolution of Certain Disputes- The Secretary of the Navy shall make every effort to resolve any dispute arising between the Secretary of the Navy and ATSDR that is covered by the Interagency Agreement Between the Department of Health and Human Services Agency for Toxic Substances and Disease Registry and the Department of Army or any successor memorandum of understanding not later than 60 days after the date on which the dispute first arises. In the event the Secretary is unable to resolve such a dispute within 60 days, the Secretary shall submit to the congressional defense committees a report on the reasons why an agreement has not yet been reached, the actions that the Secretary plans to take to reach agreement, and the schedule for taking such actions.CommentsClose CommentsPermalink

SEC. 314. COMMISSION ON MILITARY ENVIRONMENTAL EXPOSURES.

(a) Establishment- Not later than 90 days after the date of the enactment of this Act, the President shall establish a commission (to be known as the ‘Commission on Military Environmental Exposures’) to provide expert advice to the President and Congress on matters relating to exposures of current and former members of the Armed Forces and their dependants to environmental hazards on military installations.CommentsClose CommentsPermalink





(b) Composition- The Commission shall consist of 9 members, who shall not be officials or employees of the Federal Government, appointed by the President after consultation with the Chairs and ranking minority members of the Committees on Armed Services and Veterans’ Affairs of the Senate and the House of Representatives, and who shall have backgrounds in environmental exposure analysis or environmental exposure assessments, health monitoring, environmental health, epidemiology, industrial hygiene, facility or installation management, biostatistics, public health, or other relevant fields.CommentsClose CommentsPermalink





(c) Appointments-CommentsClose CommentsPermalink





(1) DEADLINE- All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) VACANCIES- A vacancy in the Commission shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink





(d) Chairperson- The President shall select from among the membership of the Commission a Chairperson.CommentsClose CommentsPermalink





(e) Quorum- A majority of the members of the Commission shall constitute a quorum.CommentsClose CommentsPermalink





(f) Meetings- The Commission shall meet at the call of the Chairperson.CommentsClose CommentsPermalink





(g) Hearings- The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this section.CommentsClose CommentsPermalink





(h) Compensation-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), a member of the Commission--CommentsClose CommentsPermalink





(A) shall be paid compensation out of funds made available for the purposes of this section at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Commission; andCommentsClose CommentsPermalink





(B) while away from the member’s home or regular place of business on necessary travel in the actual performance of duties as a member of the Commission, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink





(2) LIMITATION- A member of the Commission may not be paid compensation under paragraph (1)(B) for more than 120 days in any calendar year.CommentsClose CommentsPermalink





(i) Staff-CommentsClose CommentsPermalink





(1) IN GENERAL- The Chairperson of the Commission shall, without regard to the civil service laws and regulations, appoint an executive director of the Commission, who shall be a civilian employee of the National Institute of Environmental Health Sciences, and such other personnel as may be necessary to enable the Commission to perform its duties. The appointment of an executive director shall be subject to approval by the Commission.CommentsClose CommentsPermalink





(2) COMPENSATION- The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.CommentsClose CommentsPermalink





(j) Detail of Government Employees- Upon request of the Chairperson of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties.CommentsClose CommentsPermalink





(k) Report-CommentsClose CommentsPermalink





(1) SUBMISSION TO PRESIDENT- Not later than one year after the first meeting of the Commission, the Commission shall submit to the President a report on the exposures of current and former members of the Armed forces and their dependants to environmental hazards on military installations, not including the exposures of individuals to environmental hazards at military installations during periods in which imminent danger pay is authorized to be paid the individuals under section 310 of title 37, United States Code.CommentsClose CommentsPermalink





(2) CONTENT- The report required under paragraph (1) shall include the following elements:CommentsClose CommentsPermalink





(A) Recommendations for how the Federal Government should respond to the issue of exposures of current and former members of the Armed Forces and their dependents to environmental hazards on military installations, including evaluating exposure risk and responding to requests for redress, including compensation.CommentsClose CommentsPermalink





(B) An analysis of the viability of the Federal Tort Claims Act as a remedy for dependents of current and former members of the Armed Forces potentially exposed to such environmental hazards.CommentsClose CommentsPermalink





(C) Recommendations for how to address health concerns of current and former members of the Armed Forces and their dependants in connection with possible exposure to such environmental hazards, including the feasibility of utilizing Medicare and other Federally funded forms of insurance.CommentsClose CommentsPermalink





(D) An inventory of all military installations that are included on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)), and an estimate of the magnitude of the problem of exposures to environmental hazards at such installations, including an estimate of the number of individuals potentially exposed.CommentsClose CommentsPermalink





(E) Recommendations for other forms of redress for such members and dependants, including possible monetary compensation.CommentsClose CommentsPermalink





(3) SUBMISSION TO CONGRESS- Not later than 90 days after the report is submitted to the President under paragraph (1), the President shall submit the report, together with the President’s comments, to the Chairs and ranking minority members of the Committees on Armed Services and Veterans’ Affairs of the Senate and the House of Representatives.CommentsClose CommentsPermalink





(l) Termination- The Commission shall terminate 180 days after the date on which the Commission submits the report required under subsection (k).CommentsClose CommentsPermalink





(m) Rule of Construction- Nothing in this section shall be interpreted to impede, encroach, or delay any studies, reviews, or assessments of any actual or potential environmental exposures at any military installations, including the studies included in the ATSDR’s Annual Plan of Work regarding the water contamination at Camp Lejeune or the requirements included in section 313 of this Act pertaining to water contamination at Camp Lejeune. Likewise, nothing in this section will impede, encroach or delay ATSDR’s statutory obligations including its obligations under the Comprehensive Environmental Response, Compensation and Liability Act, regarding Superfund sites. Additionally, nothing is this section shall be interpreted to impede, encroach or delay the remediation of any environmental contamination or hazard at any military installation.CommentsClose CommentsPermalink

Subtitle C--Workplace and Depot IssuesCommentsClose CommentsPermalink

SEC. 321. DEPOT LEVEL MAINTENANCE AND RECAPITALIZATION PARTS SUPPLY.

(a) Finding- Congress recognizes the need for depot level maintenance and recapitalization of assets as Brigade Combat Teams reset.CommentsClose CommentsPermalink





(b) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Logistics Agency shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the DLA Joint Logistics Operations Center’s Drawdown, Retrograde and Reset Program for the equipment from Iraq and Afghanistan and the status of the overall supply chain management of repairing this materiel.CommentsClose CommentsPermalink





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





(A) The scope of operation to repair and re-supply materiel to the military services, including projected costs and lists of major components needed.CommentsClose CommentsPermalink





(B) The current and projected timeline for the completion of the Drawdown, Retrograde and Reset Program in Iraq.CommentsClose CommentsPermalink





(C) The percentage and level of expected refurbishment to take place in the United States and the percentage and level of expected refurbishment overseas.CommentsClose CommentsPermalink





(D) A comprehensive assessment of parts management, including a timeline of cumulative backlogs or parts on backorder, impacts on projected manufacturing competition time, and plans to reduce and minimize backlogs in parts availability.CommentsClose CommentsPermalink





(c) Required Improvements-CommentsClose CommentsPermalink





(1) NEW SOLUTIONS- The Director of the Defense Logistics Agency shall work with the Materiel Commands of the Army, Navy, Air Force, and Marines to find more efficient, virtual manufacturing solutions that will provide capacity and flexibility.CommentsClose CommentsPermalink





(2) USE OF EXISTING COMMERCIAL SYSTEMS- If the Director of the Defense Logistics Agency finds that critical manufactured parts are not meeting the on-demand requirements of the warfighter, the Defense Logistics Agency and the Materiel Commands may work with outside commercial partners to utilize existing, turn-key production systems that have demonstrated the capability to reduce costs of parts and improve manufacturing efficiency.CommentsClose CommentsPermalink

Subtitle D--Energy SecurityCommentsClose CommentsPermalink

SEC. 331. ALTERNATIVE AVIATION FUEL INITIATIVE.

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





(1) Dependence on foreign sources of oil is detrimental to the national security of the United States due to possible disruptions in supply.CommentsClose CommentsPermalink





(2) The Department of Defense is the largest single consumer of fuel in the United States.CommentsClose CommentsPermalink





(3) The United States Air Force is the largest consumer of fuel in the Department of Defense.CommentsClose CommentsPermalink





(4) The dramatically fluctuating price of fuel can have a significant budgetary impact on the Department of Defense.CommentsClose CommentsPermalink





(5) The United States Air Force uses about 2,600,000,000 gallons of jet fuel a year, or 10 percent of the entire domestic market in aviation fuel.CommentsClose CommentsPermalink





(6) The Air Force’s Alternative Aviation Fuel Initiative includes certification and testing of both biomass-derived (‘biofuel’) and synthetic fuel blends produced via the Fischer-Tropsch (FT) process. By not later than December 31, 2016, the Air Force will be prepared to cost competitively acquire 50 percent of the Air Force’s domestic aviation fuel requirement via an alternative fuel blend in which the alternative component is derived from domestic sources produced in a manner that is greener than fuels produced from conventional petroleum.CommentsClose CommentsPermalink





(7) The Air Force Energy Program will provide options to reduce the use of foreign oil, by focusing on expanding alternative energy options that provide favorable environmental attributes as compared to currently-available options.CommentsClose CommentsPermalink





(b) Continuation of Initiatives-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the Air Force shall continue the alternative aviation fuel initiatives of the Air Force with a goal of--CommentsClose CommentsPermalink





(A) certifying its aircraft, applicable vehicles and support equipment, and associated storage and distribution infrastructure for unrestricted operational use of a synthetic fuel blend by early 2011;CommentsClose CommentsPermalink





(B) being prepared to acquire 50 percent of its domestic aviation fuel requirement from alternative or synthetic fuels (including blends of alternative or synthetic fuels with conventional fuels) by not later than December 31, 2016, provided that--CommentsClose CommentsPermalink





(i) the lifecycle greenhouse gas emissions associated with the production and combustion of such fuel shall be equal to or lower than such emissions from conventional fuels that are used in the same application, as determined in accordance with guidance by the Department of Energy and the Environmental Protection Agency; andCommentsClose CommentsPermalink





(ii) prices for such fuels are cost competitive with petroleum-based alternatives that are used for the same functions;CommentsClose CommentsPermalink





(C) taking actions in collaboration with the commercial aviation industry and equipment manufacturers to spur the development of a domestic alternative aviation fuel industry; andCommentsClose CommentsPermalink





(D) taking actions in collaboration with other Federal agencies, the commercial sector, and academia to solicit for and test the next generation of environmentally-friendly alternative aviation fuels.CommentsClose CommentsPermalink





(2) ADJUSTMENT OF GOAL- The Secretary of the Air Force may adjust the goal of acquiring 50 percent of Air Force domestic fuel requirements from alternative or synthetic fuels by not later than December 31, 2016, if the Secretary determines in writing that it would not be practicable, or in the best interests of the Air Force, to do so and informs the congressional defense committees within 30 days of the basis for such determination.CommentsClose CommentsPermalink





(3) ANNUAL REPORT- Not later than 180 days after the date of the enactment of this Act and annually thereafter in each of fiscal years 2011 through 2016, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall submit to Congress a report on the progress of the alternative aviation fuel initiative program, including--CommentsClose CommentsPermalink





(A) the status of aircraft fleet certification, until complete;CommentsClose CommentsPermalink





(B) the quantities of alternative or synthetic fuels (including blends of alternative or synthetic fuels with conventional fuels) purchased for use by the Air Force in the fiscal year ending in such year;CommentsClose CommentsPermalink





(C) progress made against published goals for such fiscal year;CommentsClose CommentsPermalink





(D) the status of recovery plans to achieve any goals set for previous years that were not achieved; andCommentsClose CommentsPermalink





(E) the establishment or adjustment of goals and objectives for the current fiscal year or for future years.CommentsClose CommentsPermalink





(c) Annual Report for Army and Navy- Not later than 180 days after the date of the enactment of this Act, and annually thereafter in each of fiscal years 2011 through 2016, the Secretary of the Army and the Secretary of the Navy shall each submit to Congress a report on goals and progress to research, test, and certify the use of alternative fuels in their respective aircraft fleets.CommentsClose CommentsPermalink





(d) Defense Science Board Review-CommentsClose CommentsPermalink





(1) REPORT REQUIRED- Not later than October 1, 2011, the Defense Science Board shall report to the Secretary of Defense on the feasibility and advisability of achieving the goals established in subsection (b)(1). The report shall address--CommentsClose CommentsPermalink





(A) the technological and economic achievability of the goals;CommentsClose CommentsPermalink





(B) the impact of actions required to meet such goals on the military readiness of the Air Force, energy costs, environmental performance, and dependence on foreign oil; andCommentsClose CommentsPermalink





(C) any recommendations the Defense Science Board may have for improving the Air Force program.CommentsClose CommentsPermalink





(2) SUBMISSION TO CONGRESS- Not later than 30 days after receiving the report required by under paragraph (1), the Secretary of Defense shall forward the report to Congress, together with the comments and recommendations of the Secretary.CommentsClose CommentsPermalink

Subtitle E--Other MattersCommentsClose CommentsPermalink

SEC. 341. ADDITIONAL LIMITATION ON INDEMNIFICATION OF UNITED STATES WITH RESPECT TO ARTICLES AND SERVICES SOLD BY WORKING-CAPITAL FUNDED ARMY INDUSTRIAL FACILITIES AND ARSENALS OUTSIDE THE DEPARTMENT OF DEFENSE.

Paragraph (6) of section 4543(a) of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(6) the purchaser of an article or service agrees to hold harmless and indemnify the United States from any claim for damages or injury to any person or property arising out of the article or service, except--CommentsClose CommentsPermalink





‘(A) in a case of willful misconduct or gross negligence; orCommentsClose CommentsPermalink





‘(B) in a case in which damages or injury to the purchaser arose out of the failure of the Federal Government to comply with quality, schedule, or cost performance requirements in the contract to provide the article or service;’.CommentsClose CommentsPermalink

SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 note), as amended by section 341 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 69) and section 354 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2264), is further amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘2011’ and inserting ‘2012’; andCommentsClose CommentsPermalink





(2) in subsection (g)(1), by striking ‘2011’ and inserting ‘2012’.CommentsClose CommentsPermalink

SEC. 343. 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 (Public Law 107-314; 10 U.S.C. 2302 note) is amended by striking ‘September 30, 2010’ and inserting ‘September 30, 2014’.CommentsClose CommentsPermalink

SEC. 344. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT OF DEFENSE PROPERTY.

(a) In General- Chapter 165 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 2790. Recovery of improperly disposed of Department of Defense property

‘(a) Prohibition- No member of the armed forces, civilian employee of the United States Government, contractor personnel, or other person may sell, lend, pledge, barter, or give any clothing, arms, articles, equipment, or other military or Department of Defense property except in accordance with the statutes and regulations governing Government property.CommentsClose CommentsPermalink





‘(b) Transfer of Title or Interest Ineffective- If property has been disposed of in violation of subsection (a), the person holding the property has no right or title to, or interest in, the property.CommentsClose CommentsPermalink





‘(c) Authority for Seizure of Improperly Disposed of Property- If any person is in the possession of military or Department of Defense property without right or title to, or interest in, the property because it has been disposed of in violation of subsection (a), any Federal, State, or local law enforcement official may seize the property wherever found.CommentsClose CommentsPermalink





‘(d) Inapplicability to Certain Property- Subsections (b) and (c) shall not apply to property on public display by public or private collectors or museums in secured exhibits.CommentsClose CommentsPermalink





‘(e) Determinations of Violations- (1) The appropriate district court of the United States shall have jurisdiction, regardless of the current approximated or estimated value of the property, to determine whether property was disposed of in violation of subsection (a). Any such determination shall be by a preponderance of the evidence.CommentsClose CommentsPermalink





‘(2) In the case of property, the possession of which could undermine national security or create a hazard to public health or safety, the determination under paragraph (1) may be made after the seizure of the property. If the person from whom the property is seized is found to have been lawfully in possession of the property and the return of the property could undermine national security or create a hazard to public health or safety, the Secretary of Defense shall reimburse the person for the fair value for the property.CommentsClose CommentsPermalink





‘(f) Delivery of Seized Property- Any law enforcement official who seizes property under subsection (c) and is not authorized to retain it for the United States shall deliver the property to an authorized member of the armed forces or other authorized official of the Department of Defense or the Department of Justice.CommentsClose CommentsPermalink





‘(g) Scope of Enforcement- This section shall apply to the following:CommentsClose CommentsPermalink





‘(1) Any military or Department of Defense property disposed of on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011 in a manner that is not in accordance with statutes and regulations governing Government property in effect at the time of the disposal of such property.CommentsClose CommentsPermalink





‘(2) Any significant military equipment disposed of on or after January 1, 2002, in a manner that is not in accordance with statutes and regulations governing Government property in effect at the time of the disposal of such significant military equipmentCommentsClose CommentsPermalink





‘(h) Rule of Construction- The authority of this section is in addition to any other authority of the United States with respect to property to which the United States may have right or title.CommentsClose CommentsPermalink





‘(i) Significant Military Equipment Defined- In this section, the term ‘significant military equipment’ means defense articles on the United States Munitions List for which special export controls are warranted because of their capacity for substantial military utility or capability.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 165 of such title is amended by inserting the following new item:CommentsClose CommentsPermalink





‘2790. Recovery of improperly disposed of Department of Defense property.’.CommentsClose CommentsPermalink

SEC. 345. COMMERCIAL SALE OF SMALL ARMS AMMUNITION IN EXCESS OF MILITARY REQUIREMENTS.

(a) Commercial Sale of Small Arms Ammunition- Small arms ammunition and ammunition components in excess of military requirements, including fired cartridge cases, which is not otherwise prohibited from commercial sale or certified by the Secretary of Defense as unserviceable or unsafe, may not be demilitarized or destroyed and shall be made available for commercial sale.CommentsClose CommentsPermalink





(b) Deadline for Guidance- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to ensure compliance with subsection (a). Not later than 15 days after issuing such guidance, the Secretary shall submit to the congressional defense committees a letter of compliance providing notice of such guidance.CommentsClose CommentsPermalink





(c) Preference- No small arms ammunition and ammunition components in excess of military requirements may be made available for commercial sale under this section before such ammunition and ammunition components are offered for transfer or purchase, as authorized by law, to another Federal department or agency or for sale to State and local law enforcement, firefighting, homeland security, and emergency management agencies pursuant to section 2576 of title 10, United States Code, as amended by this Act.CommentsClose CommentsPermalink

SEC. 346. MODIFICATION OF AUTHORITIES RELATING TO PRIORITIZATION OF FUNDS FOR EQUIPMENT READINESS AND STRATEGIC CAPABILITY.

(a) Prioritization of Funds- Subsection (a) of section 323 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (10 U.S.C. 229 note) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘the global war on terrorism’ and inserting ‘overseas contingency operations’; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘units transforming to modularity’ and inserting ‘modular units’; andCommentsClose CommentsPermalink





(B) in subparagraph (B), by striking ‘2012’ and inserting ‘2015’.CommentsClose CommentsPermalink





(b) Budget Information- Subsection (b) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) by striking ‘the global war on terrorism’ and inserting ‘overseas contingency operations’; andCommentsClose CommentsPermalink





(ii) by inserting ‘and’ at the end;CommentsClose CommentsPermalink





(B) in subparagraph (B)--CommentsClose CommentsPermalink





(i) in clause (i), by striking ‘units transforming to modularity’ and inserting ‘modular units’; andCommentsClose CommentsPermalink





(ii) by striking ‘; and’ at the end and inserting a period; andCommentsClose CommentsPermalink





(C) by striking subparagraph (C); andCommentsClose CommentsPermalink





(2) by striking paragraph (3).CommentsClose CommentsPermalink





(c) Annual Report on Army Progress- Subsection (c) of such section is amended--CommentsClose CommentsPermalink





(1) by striking paragraphs (4), (5), (6), and (7);CommentsClose CommentsPermalink





(2) by redesignating paragraphs (1), (2), (3), (8), and (9) as subparagraphs (A), (B), (C), (G) and (I), respectively;CommentsClose CommentsPermalink





(3) by submitting ‘(1)’ before ‘On the date’;CommentsClose CommentsPermalink





(4) in paragraph (1), as designated by paragraph (3) of this subsection, by striking ‘in meeting’ and all that follows through ‘shall be itemized’ and inserting ‘in fulfilling the equipment requirements of modular units and in repairing, recapitalizing, and replacing equipment and materiel used in support of overseas contingency operations underway as of the date of such report, and associated sustainment. Any information included in the report shall be itemized’;CommentsClose CommentsPermalink





(5) by striking ‘Each such report’ and inserting the following:CommentsClose CommentsPermalink





‘(2) Each such report’;CommentsClose CommentsPermalink





(6) in subparagraph (A) of paragraph (2) as redesignated by paragraphs (2) and (5) of this subsection--CommentsClose CommentsPermalink





(A) by striking‘the requirements for the funding priorities in subsection (a), including an itemization’ and inserting ‘equipment requirements’CommentsClose CommentsPermalink





(B) by striking ‘modular brigades’ and inserting ‘modular combat, functional, and support brigades’; andCommentsClose CommentsPermalink





(C) by striking ‘the global war on terrorism’ and inserting ‘overseas contingency operations underway as of the date of such report’;CommentsClose CommentsPermalink





(7) in subparagraph (B) of paragraph (2), as so redesignated, by striking ‘in accordance with the funding priorities in subsection (a)’ and inserting ‘for the purposes set forth in paragraph (1)’;CommentsClose CommentsPermalink





(8) in subparagraph (C) of paragraph (2), as so redesignated, by striking ‘for the funding priorities in subsection (a)’ and inserting ‘for the purposes set forth in paragraph (1)’;CommentsClose CommentsPermalink





(9) in paragraph (2), as amended by paragraphs (2) and (5) of this subsection--CommentsClose CommentsPermalink





(A) by inserting after subparagraph (C) the following new subparagraphs:CommentsClose CommentsPermalink





‘(D) An assessment of the key enabler equipment and personnel of the Army, including--CommentsClose CommentsPermalink





‘(i) a comparison of--CommentsClose CommentsPermalink





‘(I) the authorized level of key enabler equipment;CommentsClose CommentsPermalink





‘(II) the level of key enabler equipment on hand; andCommentsClose CommentsPermalink





‘(III) the planned purchases of key enabler equipment as set forth in the future-years defense program submitted with the budget for such fiscal year;CommentsClose CommentsPermalink





‘(ii) a comparison of the authorized and actual personnel levels for personnel with key enabler personnel specialities with the requirements for key enabler personnel specialties;CommentsClose CommentsPermalink





‘(iii) an identification of any shortfalls indicated by the comparisons in clauses (i) and (ii); andCommentsClose CommentsPermalink





‘(iv) an assessment of the number and type of key enabler equipment that the Army projects it will have on hand by the end of such future-years defense program that will require repair, recapitalization, or replacement at or before the end of the time period covered by such future-years defense program (which assessment shall account for additional repair, recapitalization, or replacement resulting from use of key enabler equipment in overseas contingency operations).CommentsClose CommentsPermalink





‘(E) If an assessment under subparagraph (D) identifies shortfalls that will exist within the period covered by the future-years defense program submitted in such fiscal year, an identification of the risks associated with such shortfalls and mitigation strategies to address such risks.CommentsClose CommentsPermalink





‘(F) A schedule for the accomplishment of the purposes set forth in paragraph (1).’;CommentsClose CommentsPermalink





(B) by inserting after subparagraph (G) the following new subparagraph:CommentsClose CommentsPermalink





‘(H) A description of the status of the development of doctrine on how modular combat, functional, and support forces will train, be sustained, and fight.’; andCommentsClose CommentsPermalink





(10) in subparagraph (I) of paragraph (2) as redesignated by paragraphs (2) and (5) of this subsection, by striking ‘paragraphs (1) through (8)’ and inserting ‘subparagraphs (A) through (H)’.CommentsClose CommentsPermalink





(d) Annual Comptroller General on Army Progress- Subsection (d) of such section is amended to read as follows:CommentsClose CommentsPermalink





‘(d) Annual Comptroller General Report on Army Progress- Not later than 180 days after the date on which the Secretary of the Army submits a report under subsection (c), the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the Comptroller General’s review of such report. Each report under this subsection shall include such information and recommendations as the Comptroller General considers appropriate in light of such review.’.CommentsClose CommentsPermalink





(e) Definitions- Such section is further amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (e) as subsection (f); andCommentsClose CommentsPermalink





(2) by inserting after subsection (d), as amended by subsection (d) of this section, the following new subsection (e):CommentsClose CommentsPermalink





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





‘(1) The term ‘contingency operation’ has the meaning given that term in section 101(a)(13) of title 10, United States Code.CommentsClose CommentsPermalink





‘(2) The term ‘key enabler’, in the case of equipment or personnel, means equipment or personnel, as the case may be, that make a modular force or unit as capable or more capable than the non-modular force or unit it replaced, including the following:CommentsClose CommentsPermalink





‘(A) Equipment such as tactical and high frequency radio, tactical wheeled vehicles, battle command systems, unmanned aerial vehicles, all-source analysis systems, analysis and control elements, fire support sensor systems, firefinder radar, joint network nodes, long-range advanced scout surveillance systems, Trojan Spirit systems (or any successor system), and any other equipment items identified by the Army as making a modular force or unit as capable or more capable than the non-modular force or unit it replaced.CommentsClose CommentsPermalink





‘(B) Personnel in specialties needed to operate or support the equipment specified in subparagraph (A) and personnel in specialties relating to civil affairs, communication and information systems operation, explosive ordinance disposal, military intelligence, psychological operations, and any other personnel specialties identified by the Army as making a modular force or unit as capable or more capable than the non-modular force or unit it replaced.’.CommentsClose CommentsPermalink





(f) Termination of Report Requirement- Subsection (f) of such section, as redesignated by subsection (e)(1) of this section, is further amended by striking ‘fiscal year 2012’ and inserting ‘fiscal year 2017’.CommentsClose CommentsPermalink

SEC. 347. REPEAL OF REQUIREMENT FOR REPORTS ON WITHDRAWAL OR DIVERSION OF EQUIPMENT FROM RESERVE UNITS FOR SUPPORT OF RESERVE UNITS BEING MOBILIZED AND OTHER UNITS.

Section 349 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2159) is repealed.CommentsClose CommentsPermalink

SEC. 348. REVISION TO AUTHORITIES RELATING TO TRANSPORTATION OF CIVILIAN PASSENGERS AND COMMERCIAL CARGOES BY DEPARTMENT OF DEFENSE WHEN SPACE UNAVAILABLE ON COMMERCIAL LINES.

(a) Transportation on DoD Vehicles and Aircraft- Subsection (a) of section 2649 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) By inserting ‘Authority- ’ before ‘Whenever’; andCommentsClose CommentsPermalink





(2) by inserting ‘, vehicles, or aircraft’ in the first sentence after ‘vessels’ both places it appears.CommentsClose CommentsPermalink





(b) Amounts Charged for Transportation in Emergency, Disaster, or Humanitarian Response Cases-CommentsClose CommentsPermalink





(1) LIMITATION ON AMOUNTS CHARGED- The second sentence of subsection (a) of such section is amended by inserting before the period the following: ‘, except that in the case of transportation provided in response to an emergency, a disaster, or a request for humanitarian assistance, any amount charged for such transportation may not exceed the cost of providing the transportation’.CommentsClose CommentsPermalink





(2) CREDITING OF RECEIPTS- Subsection (b) of such section is amended by striking ‘Amounts’ and inserting ‘Crediting of Receipts- Any amount received under this section with respect to transportation provided in response to an emergency, a disaster, or a request for humanitarian assistance may be credited to the appropriation, fund, or account used in incurring the obligation for which such amount is received. In all other cases, amounts’.CommentsClose CommentsPermalink





(c) Transportation During Contingencies or Disaster Responses- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Transportation of Allied Personnel During Contingencies or Disaster Responses- 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

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink

Subtitle A--Active ForcesCommentsClose CommentsPermalink

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2011, as follows:CommentsClose CommentsPermalink





(1) The Army, 569,400.CommentsClose CommentsPermalink





(2) The Navy, 328,700.CommentsClose CommentsPermalink





(3) The Marine Corps, 202,100.CommentsClose CommentsPermalink





(4) The Air Force, 332,200.CommentsClose CommentsPermalink

Subtitle B--Reserve ForcesCommentsClose CommentsPermalink

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2011, as follows:CommentsClose CommentsPermalink





(1) The Army National Guard of the United States, 358,200.CommentsClose CommentsPermalink





(2) The Army Reserve, 205,000.CommentsClose CommentsPermalink





(3) The Navy Reserve, 65,500.CommentsClose CommentsPermalink





(4) The Marine Corps Reserve, 39,600.CommentsClose CommentsPermalink





(5) The Air National Guard of the United States, 106,700.CommentsClose CommentsPermalink





(6) The Air Force Reserve, 71,200.CommentsClose CommentsPermalink





(7) The Coast Guard Reserve, 10,000.CommentsClose CommentsPermalink





(b) End Strength Reductions- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--CommentsClose CommentsPermalink





(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; andCommentsClose CommentsPermalink





(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.CommentsClose CommentsPermalink





(c) End Strength Increases- Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.CommentsClose CommentsPermalink

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2011, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:CommentsClose CommentsPermalink





(1) The Army National Guard of the United States, 32,060.CommentsClose CommentsPermalink





(2) The Army Reserve, 16,261.CommentsClose CommentsPermalink





(3) The Navy Reserve, 10,688.CommentsClose CommentsPermalink





(4) The Marine Corps Reserve, 2,261.CommentsClose CommentsPermalink





(5) The Air National Guard of the United States, 14,584.CommentsClose CommentsPermalink





(6) The Air Force Reserve, 2,992.CommentsClose CommentsPermalink

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

The minimum number of military technicians (dual status) as of the last day of fiscal year 2011 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:CommentsClose CommentsPermalink





(1) For the Army Reserve, 8,395.CommentsClose CommentsPermalink





(2) For the Army National Guard of the United States, 27,210.CommentsClose CommentsPermalink





(3) For the Air Force Reserve, 10,720.CommentsClose CommentsPermalink





(4) For the Air National Guard of the United States, 22,394.CommentsClose CommentsPermalink

SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.

(a) Limitations-CommentsClose CommentsPermalink





(1) NATIONAL GUARD- Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2011, may not exceed the following:CommentsClose CommentsPermalink





(A) For the Army National Guard of the United States, 1,600.CommentsClose CommentsPermalink





(B) For the Air National Guard of the United States, 350.CommentsClose CommentsPermalink





(2) ARMY RESERVE- The number of non-dual status technicians employed by the Army Reserve as of September 30, 2011, may not exceed 595.CommentsClose CommentsPermalink





(3) AIR FORCE RESERVE- The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2011, may not exceed 90.CommentsClose CommentsPermalink





(b) Non-dual Status Technicians Defined- In this section, the term ‘non-dual status technician’ has the meaning given that term in section 10217(a) of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2011, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:CommentsClose CommentsPermalink





(1) The Army National Guard of the United States, 17,000.CommentsClose CommentsPermalink





(2) The Army Reserve, 13,000.CommentsClose CommentsPermalink





(3) The Navy Reserve, 6,200.CommentsClose CommentsPermalink





(4) The Marine Corps Reserve, 3,000.CommentsClose CommentsPermalink





(5) The Air National Guard of the United States, 16,000.CommentsClose CommentsPermalink





(6) The Air Force Reserve, 14,000.CommentsClose CommentsPermalink

Subtitle C--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 421. MILITARY PERSONNEL.

(a) Authorization of Appropriations- There is hereby authorized to be appropriated for military personnel for fiscal year 2011 a total of $138,540,700,000.CommentsClose CommentsPermalink





(b) Construction of Authorization- The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2011.CommentsClose CommentsPermalink

Subtitle D--Armed Forces Retirement HomeCommentsClose CommentsPermalink

SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year 2011 from the Armed Forces Retirement Home Trust Fund the sum of $71,200,000 for the operation of the Armed Forces Retirement Home.CommentsClose CommentsPermalink

TITLE V--MILITARY PERSONNEL POLICYCommentsClose CommentsPermalink

Subtitle A--Officer Personnel PolicyCommentsClose CommentsPermalink

SEC. 501. MODIFICATION OF PROMOTION BOARD PROCEDURES FOR JOINT QUALIFIED OFFICERS AND OFFICERS WITH JOINT STAFF EXPERIENCE.

(a) Board Composition- Section 612(c) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘serving in, or have served in, joint duty assignments’ and inserting ‘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 ‘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 in subsections (b)(5) and (c) 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’.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 ‘serving, or have served, in joint duty assignments’ and inserting ‘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. 502. NONDISCLOSURE OF INFORMATION FROM DISCUSSIONS, DELIBERATIONS, NOTES, AND RECORDS OF SPECIAL SELECTION BOARDS.

(a) Nondisclosure of Board Proceedings- Section 613a of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘section 611’ and all that follows through ‘the board’ and inserting the following: ‘section 573, 611, or 628 of this title may not be disclosed to any person not a member of the board except as authorized or required 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 ‘section 14101 or 14502 of this title may not be disclosed to any person not a member of the board except as authorized or required 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 14502 of this title, regardless of the date on which the board was convened.’.CommentsClose CommentsPermalink

SEC. 503. ADMINISTRATIVE REMOVAL OF OFFICERS FROM PROMOTION LIST.

(a) Active-duty List- Section 629 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following new subsection (d):CommentsClose CommentsPermalink





‘(d) Administrative Removal- Under regulations prescribed by the Secretary concerned, if an officer on the active-duty list is discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a higher grade under this chapter, but before being promoted, the officer’s name shall be administratively removed from the promotion list.’.CommentsClose CommentsPermalink





(b) Reserve Active-status List- Section 14310 of such title is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink





‘(c) Administrative Removal- Under regulations prescribed by the Secretary concerned, if an officer on the reserve active-status list is discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a higher grade under this chapter or having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer’s name shall be administratively removed from the promotion list.’.CommentsClose CommentsPermalink

SEC. 504. TECHNICAL REVISIONS TO DEFINITION OF ‘JOINT MATTERS’ FOR PURPOSES OF JOINT OFFICER MANAGEMENT.

Section 668(a) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘multiple’ and inserting ‘integrated’; andCommentsClose CommentsPermalink





(B) in subparagraph (D), by striking ‘and’ at the end 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) Nongovernmental persons or entities.’.CommentsClose CommentsPermalink

SEC. 505. MODIFICATION OF AUTHORITY FOR OFFICERS SELECTED FOR APPOINTMENT TO GENERAL AND FLAG OFFICER GRADES TO WEAR INSIGNIA OF HIGHER GRADE BEFORE APPOINTMENT.

(a) Limited Authority for Officers Selected for Appointment to Grades Above Major General and Rear Admiral-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 45 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose Co