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H.R. 2647 (111th): National Defense Authorization Act for Fiscal Year 2010

The text of the bill below is as of Aug 23, 2010 (Passed Congress).


I

One Hundred Eleventh Congress of the United States of America

At the First Session

H. R. 2647

AN ACT

To authorize appropriations for fiscal year 2010 for military activities of the
Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

1.

Short title

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2010.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into five divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4)

Division D—Funding tables.

(5)

Division E—Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.

Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

Title I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. National Guard and Reserve equipment.

Sec. 106. Mine Resistant Ambush Protected Vehicle Fund.

Sec. 107. Relation to funding table.

Subtitle B—Army Programs

Sec. 111. Procurement of Future Combat Systems spin out early-infantry brigade combat team equipment.

Subtitle C—Navy Programs

Sec. 121. Littoral Combat Ship program.

Sec. 122. Treatment of Littoral Combat Ship program as a major defense acquisition program.

Sec. 123. Report on strategic plan for homeporting the Littoral Combat Ship.

Sec. 124. Advance procurement funding.

Sec. 125. Procurement programs for future naval surface combatants.

Sec. 126. Ford-class aircraft carrier report.

Sec. 127. Report on a service life extension program for Oliver Hazard Perry class frigates.

Sec. 128. Conditional multiyear procurement authority for F/A–18E, F/A–18F, or EA–18G aircraft.

Subtitle D—Air Force Programs

Sec. 131. Report on the procurement of 4.5 generation fighter aircraft.

Sec. 132. Revised availability of certain funds available for the F–22A fighter aircraft.

Sec. 133. Preservation and storage of unique tooling for F–22 fighter aircraft.

Sec. 134. AC–130 gunships.

Sec. 135. Report on E–8C Joint Surveillance and Target Attack Radar System re-engining.

Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft.

Sec. 137. Limitation on retirement of C–5 aircraft.

Sec. 138. Reports on strategic airlift aircraft.

Sec. 139. Strategic airlift force structure.

Subtitle E—Joint and Multiservice Matters

Sec. 141. Body armor procurement.

Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.

Sec. 143. Modification of nature of data link for use by tactical unmanned aerial vehicles.

Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Relation to funding table.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Extension and enhancement of Global Research Watch Program.

Sec. 212. Permanent authority for the Joint Defense Manufacturing Technology Panel.

Sec. 213. Elimination of report requirements regarding Defense Science and Technology Program.

Sec. 214. Authorization for the Secretary of the Navy to purchase infrastructure and Government purpose rights license associated with the Navy-Marine Corps intranet.

Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission Submersible program.

Sec. 216. Separate program elements required for research and development of individual body armor and associated components.

Sec. 217. Separate procurement and research, development, test, and evaluation line items and program elements for the F-35B and F-35C joint strike fighter aircraft.

Sec. 218. Restriction on obligation of funds for Army tactical ground network program pending receipt of report.

Sec. 219. Programs for ground combat vehicle and self-propelled howitzer capabilities for the Army.

Sec. 220. Guidance on budget justification materials describing funding requested for operation, sustainment, modernization, and personnel of major ranges and test facilities.

Sec. 221. Assessment of technological maturity and integration risk of Army modernization programs.

Sec. 222. Assessment of activities for technology modernization of the combat vehicle and armored tactical wheeled vehicle fleets.

Subtitle C—Missile Defense Programs

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

Sec. 232. Assessment and plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System.

Sec. 233. Continued production of Ground-based Interceptor missile and operation of Missile Field 1 at Fort Greely, Alaska.

Sec. 234. Limitation on availability of funds for acquisition or deployment of missile defenses in Europe.

Sec. 235. Authorization of funds for development and deployment of alternative missile defense systems in Europe.

Sec. 236. Comprehensive plan for test and evaluation of the ballistic missile defense system.

Sec. 237. Study on discrimination capabilities of ballistic missile defense system.

Sec. 238. Ascent phase missile defense strategy and plan.

Sec. 239. Extension of deadline for study on boost-phase missile defense.

Subtitle D—Reports

Sec. 241. Repeal of requirement for biennial joint warfighting science and technology plan.

Sec. 242. Modification of reporting requirement for defense nanotechnology research and development program.

Sec. 243. Comptroller General assessment of coordination of energy storage device requirements, purchases, and investments.

Sec. 244. Annual Comptroller General report on the F–35 Lightning II aircraft acquisition program.

Sec. 245. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities.

Sec. 246. Report on future research and development of man-portable and vehicle-mounted guided missile systems.

Sec. 247. Report on the development of command and control systems.

Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems.

Subtitle E—Other Matters

Sec. 251. Enhancement of duties of Director of Department of Defense Test Resource Management Center with respect to the Major Range and Test Facility Base.

Sec. 252. Establishment of program to enhance participation of historically black colleges and universities and minority-serving institutions in defense research programs.

Sec. 253. Extension of authority to award prizes for advanced technology achievements.

Sec. 254. Authority for National Aeronautics and Space Administration federally funded research and development centers to participate in merit-based technology research and development programs.

Sec. 255. Next generation bomber aircraft.

Title III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Relation to funding table.

Subtitle B—Environmental Provisions

Sec. 311. Clarification of requirement for use of available funds for Department of Defense participation in conservation banking programs.

Sec. 312. Reauthorization of title I of Sikes Act.

Sec. 313. Authority of Secretary of a military department to enter into interagency agreements for land management on Department of Defense installations.

Sec. 314. Reauthorization of pilot program for invasive species management for military installations in Guam.

Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in connection with the Former Nansemond Ordnance Depot Site, Suffolk, Virginia.

Sec. 316. Procurement and use of munitions.

Sec. 317. Prohibition on disposing of waste in open-air burn pits.

Sec. 318. Military munitions response sites.

Subtitle C—Workplace and Depot Issues

Sec. 321. Public-private competition required before conversion of any Department of Defense function performed by civilian employees to contractor performance.

Sec. 322. Time limitation on duration of public-private competitions.

Sec. 323. Policy regarding installation of major modifications and upgrades.

Sec. 324. Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities.

Sec. 325. Temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by a contractor.

Sec. 326. Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor.

Sec. 327. Amendments to bid protest procedures by Federal employees and agency officials in conversions of functions from performance by Federal employees to performance by a contractor.

Sec. 328. Improvement of inventory management practices.

Sec. 329. Modification of date for submittal to Congress of annual report on funding for public and private performance of depot-level maintenance and repair workloads.

Subtitle D—Energy Security

Sec. 331. Authorization of appropriations for Director of Operational Energy.

Sec. 332. Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs.

Sec. 333. Report on implementation of Comptroller General recommendations on fuel demand management at forward-deployed locations.

Sec. 334. Report on use of renewable fuels to meet energy requirements of Department of Defense.

Sec. 335. Energy security on Department of Defense installations.

Subtitle E—Reports

Sec. 341. Annual report on procurement of military working dogs.

Sec. 342. Plan for managing vegetative encroachment at training ranges.

Sec. 343. Comptroller General report on the sustainment strategy for the AV-8B Harrier aircraft.

Sec. 344. Study on Army modularity.

Subtitle F—Other Matters

Sec. 351. Authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes.

Sec. 352. Policy on ground combat and camouflage utility uniforms.

Sec. 353. Condition-based maintenance demonstration programs.

Sec. 354. Extension of arsenal support program initiative.

Title IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

Sec. 403. Additional authority for increases of Army active-duty end strengths for fiscal years 2011 and 2012.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians.

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

Sec. 416. Submittal of options for creation of Trainees, Transients, Holdees, and Students account for the Army National Guard.

Sec. 417. Report on requirements of the National Guard for non-dual status technicians.

Sec. 418. Expansion of authority of Secretaries of the military departments to increase certain end strengths to include Selected Reserve end strengths.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Sec. 422. Repeal of delayed one-time shift of military retirement payments.

Title V—Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff.

Sec. 502. Modification of limitations on general and flag officers on active duty.

Sec. 503. Revisions to annual reporting requirement on joint officer management.

Sec. 504. Extension of temporary increase in maximum number of days leave members may accumulate and carryover.

Sec. 505. Computation of retirement eligibility for enlisted members of the Navy who complete the Seaman to Admiral (STA–21) officer candidate program.

Sec. 506. Independent review of judge advocate requirements of the Department of the Navy.

Subtitle B—General Service Authorities

Sec. 511. Continuation on active duty of reserve component members during physical disability evaluation following mobilization and deployment.

Sec. 512. Medical examination required before administrative separation of members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury.

Sec. 513. Legal assistance for additional reserve component members.

Sec. 514. Limitation on scheduling of mobilization or pre-mobilization training for Reserve units when certain suspension of training is likely.

Sec. 515. Evaluation of test of utility of test preparation guides and education programs in improving qualifications of recruits for the Armed Forces.

Sec. 516. Report on presence in the Armed Forces of members associated or affiliated with groups engaged in prohibited activities.

Subtitle C—Education and Training

Sec. 521. Detail of commissioned officers as students at schools of psychology.

Sec. 522. Appointment of persons enrolled in Advanced Course of the Army Reserve Officers’ Training Corps at military junior colleges as cadets in Army Reserve or Army National Guard of the United States.

Sec. 523. Expansion of criteria for appointment as member of the Board of Regents of the Uniformed Services University of the Health Sciences.

Sec. 524. Use of Armed Forces Health Professions Scholarship and Financial Assistance program to increase number of health professionals with skills to assist in providing mental health care.

Sec. 525. Department of Defense undergraduate nurse training program.

Sec. 526. Increase in number of private sector civilians authorized for admission to National Defense University.

Sec. 527. Appointments to military service academies from nominations made by Delegate from the Commonwealth of the Northern Mariana Islands.

Sec. 528. Athletic association for the Air Force Academy.

Sec. 529. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense.

Subtitle D—Defense Dependents’ Education

Sec. 531. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 532. Impact aid for children with severe disabilities.

Sec. 533. Two-year extension of authority for assistance to local educational agencies with enrollment changes due to base closures, force structure changes, or force relocations.

Sec. 534. Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents.

Sec. 535. Permanent authority for enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe.

Sec. 536. Determination of number of weighted student units for local educational agencies for receipt of basic support payments under impact aid.

Sec. 537. Study on options for educational opportunities for dependent children of members of the Armed Forces when public schools attended by such children are determined to need improvement.

Sec. 538. Comptroller General audit of assistance to local educational agencies for dependent children of members of the Armed Forces.

Sec. 539. Sense of Congress on the Interstate Compact on Educational Opportunity for Military Children.

Subtitle E—Missing or Deceased Persons

Sec. 541. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing in conflicts occurring before enactment of new system for accounting for missing persons.

Sec. 542. Policy and procedures on media access and attendance by family members at ceremonies for the dignified transfer of remains of members of the Armed Forces who die overseas.

Sec. 543. Report on expansion of authority of a member to designate persons to direct disposition of the remains of a deceased member.

Sec. 544. Sense of Congress on the recovery of the remains of members of the Armed Forces who were killed during World War II in the battle of Tarawa Atoll.

Subtitle F—Decorations and Awards

Sec. 551. Authorization and request for award of Medal of Honor to Anthony T. Kaho’ohanohano for acts of valor during the Korean War.

Sec. 552. Authorization and request for award of Distinguished-Service Cross to Jack T. Stewart for acts of valor during the Vietnam War.

Sec. 553. Authorization and request for award of Distinguished-Service Cross to William T. Miles, Jr., for acts of valor during the Korean War.

Subtitle G—Military Family Readiness Matters

Sec. 561. Establishment of online resources to provide information about benefits and services available to members of the Armed Forces and their families.

Sec. 562. Additional members on Department of Defense Military Family Readiness Council.

Sec. 563. Support for military families with special needs.

Sec. 564. Pilot program to secure internships for military spouses with Federal agencies.

Sec. 565. Family and medical leave for family of servicemembers.

Sec. 566. Deadline for report on sexual assault in the Armed Forces by Defense Task Force on Sexual Assault in the Military Services.

Sec. 567. Improved prevention and response to allegations of sexual assault involving members of the Armed Forces.

Sec. 568. Comptroller General report on progress made in implementing recommendations to reduce domestic violence in military families.

Sec. 569. Report on impact of domestic violence on military families.

Sec. 570. Report on international intrafamilial abduction of children of members of the Armed Forces.

Sec. 571. Assessment of impact of deployment of members of the Armed Forces on their dependent children.

Sec. 572. Report on child custody litigation involving service of members of the Armed Forces.

Sec. 573. Comptroller General report on child care assistance for members of the Armed Forces.

Subtitle H—Military voting

Sec. 575. Short title.

Sec. 576. Clarification regarding delegation of State responsibilities to local jurisdictions.

Sec. 577. Establishment of procedures for absent uniformed services voters and overseas voters to request and for States to send voter registration applications and absentee ballot applications by mail and electronically.

Sec. 578. Establishment of procedures for States to transmit blank absentee ballots by mail and electronically to absent uniformed services voters and overseas voters.

Sec. 579. Ensuring absent uniformed services voters and overseas voters have time to vote.

Sec. 580. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters.

Sec. 581. Federal write-in absentee ballot.

Sec. 582. Prohibiting refusal to accept voter registration and absentee ballot applications, marked absentee ballots, and Federal write-in absentee ballots for failure to meet certain requirements.

Sec. 583. Federal Voting Assistance Program Improvements.

Sec. 584. Development of standards for reporting and storing certain data.

Sec. 585. Repeal of provisions relating to use of single application for all subsequent elections.

Sec. 586. Reporting requirements.

Sec. 587. Annual report on enforcement.

Sec. 588. Requirements payments.

Sec. 589. Technology pilot program.

Subtitle I—Other Matters

Sec. 591. Clarification of performance policies for military musical units and musicians.

Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps.

Sec. 593. Modification of matching fund requirements under National Guard Youth Challenge Program.

Sec. 594. Expansion of Military Leadership Diversity Commission to include reserve component representatives.

Sec. 595. Expansion of suicide prevention and community healing and response training under the Yellow Ribbon Reintegration Program.

Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of substance use disorders and disposition of substance abuse offenders in the Armed Forces.

Sec. 597. Reports on Yellow Ribbon Reintegration Program and other reintegration programs.

Sec. 598. Reports on progress in completion of certain incident information management tools.

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2010 increase in military basic pay.

Sec. 602. Increase in maximum monthly amount of supplemental subsistence allowance for low-income members with dependents.

Sec. 603. Special compensation for members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living.

Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence program for certain periods before implementation of program.

Sec. 605. Report on housing standards and housing surveys used to determine basic allowance for housing.

Sec. 606. Comptroller General comparative assessment of military and private-sector pay and benefits.

Subtitle B—Bonuses and Special and Incentive Pays

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

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

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

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

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

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

Sec. 617. Technical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses and similar benefits for certain members.

Sec. 618. Proration of certain special and incentive pays to reflect time during which a member satisfies eligibility requirements for the special or incentive pay.

Sec. 619. Additional assignment pay or special duty pay authorized for members agreeing to serve in Afghanistan for extended periods.

Sec. 620. Temporary authority for monthly special pay for members of the Armed Forces subject to continuing active duty or service under stop-loss authorities.

Sec. 621. Army authority to provide additional recruitment incentives.

Sec. 622. Report on recruitment and retention of members of the Air Force in nuclear career fields.

Subtitle C—Travel and Transportation Allowances

Sec. 631. Travel and transportation for survivors of deceased members of the uniformed services to attend memorial ceremonies.

Sec. 632. Travel and transportation allowances for designated individuals of wounded, ill, or injured members of the uniformed services for duration of inpatient treatment.

Sec. 633. Authorized travel and transportation allowances for non-medical attendants for very seriously and seriously wounded, ill, or injured members.

Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on active duty and their dependents for travel for specialty care under exceptional circumstances.

Sec. 635. Report on adequacy of weight allowances for transportation of baggage and household effects for members of the uniformed services.

Subtitle D—Disability, Retired Pay, and Survivor Benefits

Sec. 641. Transition assistance for reserve component members injured while on active duty.

Sec. 642. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement.

Sec. 643. Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement.

Sec. 644. Report on re-determination process for permanently incapacitated dependents of retired and deceased members of the Armed Forces.

Sec. 645. Treatment as active service for retired pay purposes of service as member of Alaska Territorial Guard during World War II.

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

Sec. 651. Limitation on Department of Defense entities offering personal information services to members and their dependents.

Sec. 652. Report on impact of purchasing from local distributors all alcoholic beverages for resale on military installations on Guam.

Subtitle F—Other Matters

Sec. 661. Limitations on collection of overpayments of pay and allowances erroneously paid to members.

Sec. 662. Sense of Congress on airfares for members of the Armed Forces.

Sec. 663. Sense of Congress on establishment of flexible spending arrangements for the uniformed services.

Sec. 664. Sense of Congress regarding support for compensation, retirement, and other military personnel programs.

Title VII—Health Care Provisions

Subtitle A—Improvements to Health Benefits

Sec. 701. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions.

Sec. 702. Health care for members of the reserve components.

Sec. 703. Enhancement of transitional dental care for members of the reserve components on active duty for more than 30 days in support of a contingency operation.

Sec. 704. Expansion of survivor eligibility under TRICARE dental program.

Sec. 705. TRICARE Standard coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are not yet age 60.

Sec. 706. Constructive eligibility for TRICARE benefits of certain persons otherwise ineligible under retroactive determination of entitlement to Medicare part A hospital insurance benefits.

Sec. 707. Notification of certain individuals regarding options for enrollment under Medicare part B.

Sec. 708. Mental health assessments for members of the Armed Forces deployed in connection with a contingency operation.

Sec. 709. Temporary TRICARE inpatient fee modification.

Subtitle B—Health Care Administration

Sec. 711. Comprehensive policy on pain management by the military health care system.

Sec. 712. Administration and prescription of psychotropic medications for members of the Armed Forces before and during deployment.

Sec. 713. Cooperative health care agreements between military installations and non-military health care systems.

Sec. 714. Plan to increase the mental health capabilities of the Department of Defense.

Sec. 715. Department of Defense study on management of medications for physically and psychologically wounded members of the Armed Forces.

Sec. 716. Limitation on obligation of funds under defense health program information technology programs.

Subtitle C—Other Matters

Sec. 721. Study and plan to improve military health care.

Sec. 722. Study, plan, and pilot for the mental health care needs of dependent children of members of the Armed Forces.

Sec. 723. Clinical trial on cognitive rehabilitative therapy for members and former members of the Armed Forces.

Sec. 724. Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces.

Sec. 725. Chiropractic clinical trials.

Sec. 726. Independent study on post-traumatic stress disorder efforts.

Sec. 727. Report on implementation of requirements on the relationship between the TRICARE program and employer-sponsored group health plans.

Sec. 728. Report on stipends for members of reserve components for health care for certain dependents.

Title VIII—Acquisition Policy, Acquisition Management, and Related Matters

Subtitle A—Acquisition Policy and Management

Sec. 801. Temporary authority to acquire products and services produced in countries along a major route of supply to Afghanistan; report.

Sec. 802. Assessment of improvements in service contracting.

Sec. 803. Display of annual budget requirements for procurement of contract services and related clarifying technical amendments.

Sec. 804. Implementation of new acquisition process for information technology systems.

Sec. 805. Life-cycle management and product support.

Sec. 806. Treatment of non-defense agency procurements under joint programs with intelligence community.

Sec. 807. Policy and requirements to ensure the safety of facilities, infrastructure, and equipment for military operations.

Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitation

Sec. 811. Justification and approval of sole-source contracts.

Sec. 812. Revision of Defense Supplement relating to payment of costs prior to definitization.

Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan.

Sec. 814. Amendment to notification requirements for awards of single source task or delivery orders.

Sec. 815. Clarification of uniform suspension and debarment requirement.

Sec. 816. Extension of authority for use of simplified acquisition procedures for certain commercial items.

Sec. 817. Reporting requirements for programs that qualify as both major automated information system programs and major defense acquisition programs.

Sec. 818. Small arms production industrial base matters.

Sec. 819. Contract authority for advanced component development or prototype units.

Sec. 820. Publication of notification of bundling of contracts of the Department of Defense.

Subtitle C—Contractor Matters

Sec. 821. Authority for Government support contractors to have access to technical data belonging to prime contractors.

Sec. 822. Extension and enhancement of authorities on the Commission on Wartime Contracting in Iraq and Afghanistan.

Sec. 823. Authority for Secretary of Defense to reduce or deny award fees to companies found to jeopardize health or safety of Government personnel.

Subtitle D—Acquisition workforce matters

Sec. 831. Enhancement of expedited hiring authority for defense acquisition workforce positions.

Sec. 832. Funding of Department of Defense Acquisition Workforce Development Fund.

Sec. 833. Review of post-employment restrictions applicable to the Department of Defense.

Sec. 834. Review of Federal acquisition workforce training and hiring.

Subtitle E—Other Matters

Sec. 841. Reports to Congress on full deployment decisions for major automated information system programs.

Sec. 842. Authorization to take actions to correct the industrial resource shortfall for high-purity beryllium metal.

Sec. 843. Report on rare earth materials in the defense supply chain.

Sec. 844. Comptroller General report on structure and management of subcontractors under contracts for major weapon systems.

Sec. 845. Study of the use of factors other than cost or price as the predominate factors in evaluating competitive proposals for defense procurement contracts.

Sec. 846. Repeal of requirements relating to the military system essential item breakout list.

Sec. 847. Extension of SBIR and STTR programs of the Department of Defense.

Sec. 848. Extension of authority for small business innovation research Commercialization Pilot Program.

Title IX—Department of Defense Organization and Management

Subtitle A—Department of Defense Management

Sec. 901. Authority to allow private sector civilians to receive instruction at Defense Cyber Investigations Training Academy of the Defense Cyber Crime Center.

Sec. 902. Organizational structure of the Office of the Assistant Secretary of Defense for Health Affairs and the TRICARE Management Activity.

Sec. 903. Sense of Congress regarding the Director of Operational Energy Plans and Programs.

Sec. 904. Increased flexibility for combatant commander initiative fund.

Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense for Technology Security Policy within the Office of the Under Secretary of Defense for Policy.

Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries of Defense.

Subtitle B—Space Activities

Sec. 911. Submission and review of space science and technology strategy.

Sec. 912. Provision of space situational awareness services and information to non-United States Government entities.

Sec. 913. Management and funding strategy and implementation plan for the National Polar-Orbiting Operational Environmental Satellite System Program.

Subtitle C—Intelligence-Related Matters

Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds from counterintelligence operations.

Sec. 922. Plan to address foreign ballistic missile intelligence analysis.

Subtitle D—Other Matters

Sec. 931. Implementation strategy for developing leap-ahead cyber operations capabilities.

Sec. 932. Defense integrated military human resources system development and transition.

Sec. 933. Report on special operations command organization, manning, and management.

Sec. 934. Study on the recruitment, retention, and career progression of uniformed and civilian military cyber operations personnel.

Sec. 935. Plan on access to national airspace for unmanned aircraft systems.

Title X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Relationship of the quadrennial defense review and the annual budget request.

Sec. 1003. Audit readiness of financial statements of the Department of Defense.

Subtitle B—Counter-Drug Activities

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

Sec. 1012. Joint task forces support to law enforcement agencies conducting counter-terrorism activities.

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

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

Sec. 1015. Border coordination centers in Afghanistan and Pakistan.

Sec. 1016. Comptroller General report on effectiveness of accountability measures for assistance from counter-narcotics central transfer account.

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy.

Sec. 1022. Designation of U.S.S. Constitution as America’s Ship of State.

Sec. 1023. Temporary reduction in minimum number of operational aircraft carriers.

Sec. 1024. Sense of Congress concerning the disposition of Submarine NR–1.

Subtitle D—Miscellaneous Requirements, Authorities, and Limitations

Sec. 1031. Prohibition relating to propaganda.

Sec. 1032. Responsibility for preparation of biennial global positioning system report.

Sec. 1033. Reports on bandwidth requirements for major defense acquisition programs and major system acquisition programs.

Sec. 1034. Additional duties for advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents.

Sec. 1035. Charter for the National Reconnaissance Office.

Sec. 1036. National strategic five-year plan for improving the nuclear forensic and attribution capabilities of the United States.

Sec. 1037. Authorization of appropriations for payments to Portuguese nationals employed by the Department of Defense.

Sec. 1038. Prohibition on interrogation of detainees by contractor personnel.

Sec. 1039. Notification and access of International Committee of the Red Cross with respect to detainees at Theater Internment Facility at Bagram Air Base, Afghanistan.

Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists.

Sec. 1041. Limitation on use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1042. Additional subpoena authority for the Inspector General of the Department of Defense.

Sec. 1043. Limitations on modifications of certain Government furnished equipment; one-time authority to transfer certain military prototype.

Subtitle E—Studies and Reports

Sec. 1051. Report on statutory compliance of the report on the 2009 quadrennial defense review.

Sec. 1052. Report on the force structure findings of the 2009 quadrennial defense review.

Sec. 1053. Annual report on the electronic warfare strategy of the Department of Defense.

Sec. 1054. Study on a system for career development and management of interagency national security professionals.

Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear-weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons.

Sec. 1056. Comptroller General review of Department of Defense spending in final fiscal quarters.

Sec. 1057. Report on Air America.

Sec. 1058. Report on defense travel simplification.

Sec. 1059. Report on modeling and simulation technological and industrial base.

Sec. 1060. Report on enabling capabilities for special operations forces.

Sec. 1061. Additional members and duties for the independent panel to assess the quadrennial defense review.

Sec. 1062. Congressional earmarks relating to the Department of Defense.

Sec. 1063. Report on basing plans for certain United States geographic combatant commands.

Subtitle F—Other Matters

Sec. 1071. Extension of certain authority for making rewards for combating terrorism.

Sec. 1072. Business process reengineering.

Sec. 1073. Technical and clerical amendments.

Sec. 1074. Extension of sunset for congressional commission on the strategic posture of the United States.

Sec. 1075. Combat air forces restructuring.

Sec. 1076. Sense of Congress regarding carrier air wing force structure.

Sec. 1077. Department of Veterans Affairs use of service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities.

Sec. 1078. Plan for sustainment of land-based solid rocket motor industrial base.

Sec. 1079. Justice for victims of torture and terrorism.

Sec. 1080. Requirement for videotaping or otherwise electronically recording strategic intelligence interrogations of persons in the custody of or under the effective control of the Department of Defense.

Sec. 1081. Modification of pilot program on commercial fee-for-service air refueling support for the air force.

Sec. 1082. Multiyear contracts under pilot program on commercial fee-for-service air refueling support for the Air Force.

Sec. 1083. Disclosure of names of students and instructors at Western Hemisphere Institute for Security Cooperation.

Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute for Security Cooperation.

Title XI—Civilian Personnel Matters

Subtitle A—Personnel

Sec. 1101. Authority to employ individuals completing the National Security Education Program.

Sec. 1102. Authority for employment by Department of Defense of individuals who have successfully completed the requirements of the science, mathematics, and research for transformation (SMART) defense scholarship program.

Sec. 1103. Authority for the employment of individuals who have successfully completed the Department of Defense information assurance scholarship program.

Sec. 1104. Extension and modification of experimental personnel management program for scientific and technical personnel.

Sec. 1105. Modification to Department of Defense laboratory personnel authority.

Sec. 1106. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Sec. 1107. Extension of certain benefits to Federal civilian employees on official duty in Pakistan.

Sec. 1108. Requirement for Department of Defense strategic workforce plans.

Sec. 1109. Adjustments to limitations on personnel and requirement for annual manpower reporting.

Sec. 1110. Pilot program for the temporary exchange of information technology personnel.

Sec. 1111. Availability of funds for compensation of certain civilian employees of the Department of Defense.

Sec. 1112. Department of defense civilian leadership program.

Sec. 1113. Provisions relating to the National Security Personnel System.

Sec. 1114. Provisions relating to the Defense Civilian Intelligence Personnel System.

Subtitle B—Provisions relating to reemployment of annuitants

Sec. 1121. Authority to expand scope of provisions relating to unreduced compensation for certain reemployed annuitants.

Sec. 1122. Part-time reemployment.

Sec. 1123. Government Accountability Office report.

Title XII—Matters relating to foreign nations

Subtitle A—Assistance and training

Sec. 1201.  One-year extension of authority for security and stabilization assistance.

Sec. 1202.  Expansion of authority and modification of notification and reporting requirements for use of authority for support of special operations to combat terrorism.

Sec. 1203.  Modification of report on foreign-assistance related programs carried out by the Department of Defense.

Sec. 1204.  Report on authorities to build the capacity of foreign military forces and related matters.

Sec. 1205.  Authority to provide administrative services and support to coalition liaison officers of certain foreign nations assigned to United States Joint Forces Command.

Sec. 1206.  Modification of authorities relating to program to build the capacity of foreign military forces.

Sec. 1207.  Authority for non-reciprocal exchanges of defense personnel between the United States and foreign countries.

Sec. 1208.  Report on alternatives to use of acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.

Sec. 1209.  Enhancing Iraqi security through defense cooperation between the United States and Iraq.

Sec. 1210.  Availability of appropriated funds for the State Partnership Program.

Subtitle B—Matters relating to Iraq, Afghanistan, and Pakistan

Sec. 1221.  Limitation on availability of funds for certain purposes relating to Iraq.

Sec. 1222.  One-year extension and expansion of Commanders’ Emergency Response Program.

Sec. 1223.  Modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1224.  Pakistan Counterinsurgency Fund.

Sec. 1225.  Program to provide for the registration and end-use monitoring of defense articles and defense services transferred to Afghanistan and Pakistan.

Sec. 1226.  Reports on campaign plans for Iraq and Afghanistan.

Sec. 1227.  Report on responsible redeployment of United States Armed Forces from Iraq.

Sec. 1228.  Report on community-based security programs in Afghanistan.

Sec. 1229.  Updates of report on command and control structure for military forces operating in Afghanistan.

Sec. 1230.  Report on feasibility and desirability of establishing general uniform procedures and guidelines for the provision of monetary assistance by the United States to civilian foreign nationals for losses incident to combat activities of the armed forces.

Sec. 1231.  Assessment and report on United States-Pakistan military relations and cooperation.

Sec. 1232.  Report on progress toward security and stability in Pakistan.

Sec. 1233.  Repeal of GAO war-related reporting requirement.

Sec. 1234.  Authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan.

Sec. 1235.  Analysis of required force levels and types of forces needed to secure southern and eastern regions of Afghanistan.

Sec. 1236.  Modification of report on progress toward security and stability in Afghanistan.

Sec. 1237.  No permanent military bases in Afghanistan.

Subtitle C—Other matters

Sec. 1241.  Report on United States engagement with Iran.

Sec. 1242.  Annual counterterrorism status reports.

Sec. 1243.  Report on United States contributions to the United Nations.

Sec. 1244.  NATO Special Operations Coordination Center.

Sec. 1245.  Annual report on military power of Iran.

Sec. 1246.  Annual report on military and security developments involving the People’s Republic of China.

Sec. 1247.  Report on impacts of drawdown authorities on the Department of Defense.

Sec. 1248.  Risk assessment of United States space export control policy.

Sec. 1249.  Patriot air and missile defense battery in Poland.

Sec. 1250.  Report on potential foreign military sales of the F–22A fighter aircraft.

Sec. 1251.  Report on the plan for the nuclear weapons stockpile, nuclear weapons complex, and delivery platforms and sense of Congress on follow-on negotiations to START Treaty.

Sec. 1252.  Map of mineral-rich zones and areas under the control of armed groups in the Democratic Republic of the Congo.

Sec. 1253.  Sense of Congress relating to Israel.

Sec. 1254.  Sense of Congress on imposing sanctions with respect to Iran.

Sec. 1255.  Report and sense of Congress on North Korea.

Sec. 1256.  Report on potential missile defense cooperation with Russia.

Subtitle D—VOICE Act

Sec. 1261. Short title.

Sec. 1262. Authorization of appropriations.

Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund.

Sec. 1264. Annual report.

Sec. 1265. Report on actions by non-Iranian companies.

Sec. 1266. Human rights documentation.

Title XIII—Cooperative Threat Reduction

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

Sec. 1302. Funding allocations.

Sec. 1303. Utilization of contributions to the Cooperative Threat Reduction Program.

Sec. 1304. Metrics for the Cooperative Threat Reduction Program.

Sec. 1305. Cooperative Threat Reduction Program authority for urgent threat reduction activities.

Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts Program.

Title XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

Sec. 1403. Chemical agents and munitions destruction, defense.

Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1405. Defense Inspector General.

Sec. 1406. Defense Health Program.

Sec. 1407. Relation to funding table.

Subtitle B—National Defense Stockpile

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

Sec. 1412. Extension of previously authorized disposal of cobalt from National Defense Stockpile.

Sec. 1413. Report on implementation of reconfiguration of the National Defense Stockpile.

Subtitle C—Armed Forces Retirement Home

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

Title XV—Authorization of Additional Appropriations for Overseas Contingency Operations

Sec. 1501. Purpose.

Sec. 1502. Army procurement.

Sec. 1503. Joint Improvised Explosive Device Defeat Fund.

Sec. 1504. Navy and Marine Corps procurement.

Sec. 1505. Air Force procurement.

Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund.

Sec. 1507. Defense-wide activities procurement.

Sec. 1508. Research, development, test, and evaluation.

Sec. 1509. Operation and maintenance.

Sec. 1510. Limitations on availability of funds in Afghanistan Security Forces Fund.

Sec. 1511. Limitations on Iraq Security Forces Fund.

Sec. 1512. Military personnel.

Sec. 1513. Working capital funds.

Sec. 1514. Defense Health Program.

Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1516. Defense Inspector General.

Sec. 1517. Relation to funding tables.

Sec. 1518. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq.

Sec. 1519. Treatment as additional authorizations.

Sec. 1520. Special transfer authority.

Title XVII—Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Project

Sec. 1701. Demonstration project authority.

Sec. 1702. Transfer of property.

Sec. 1703. Transfer of civilian personnel of the Department of Defense.

Sec. 1704. Joint funding authority.

Sec. 1705. Eligibility of members of the uniformed services for care and services.

Sec. 1706. Extension of DOD–VA Health Care Sharing Incentive Fund.

Title XVIII—Military Commissions

Sec. 1801. Short title.

Sec. 1802. Military commissions.

Sec. 1803. Conforming amendments.

Sec. 1804. Proceedings under prior statute.

Sec. 1805. Submittal to Congress of revised rules for military commissions.

Sec. 1806. Annual reports to Congress on trials by military commission.

Sec. 1807. Sense of Congress on military commission system.

Title XIX—Federal employee benefits

Subtitle A—General provisions

Sec. 1901. Credit for unused sick leave.

Sec. 1902. Limited expansion of the class of individuals eligible to receive an actuarially reduced annuity under the Civil Service Retirement System.

Sec. 1903. Computation of certain annuities based on part-time service.

Sec. 1904. Authority to deposit refunds under FERS.

Sec. 1905. Retirement credit for service of certain employees transferred from District of Columbia service to Federal service.

Subtitle B—Non-Foreign Area Retirement Equity Assurance

Sec. 1911. Short title.

Sec. 1912. Extension of locality pay.

Sec. 1913. Adjustment of special rates.

Sec. 1914. Transition schedule for locality-based comparability payments.

Sec. 1915. Savings provision.

Sec. 1916. Application to other eligible employees.

Sec. 1917. Election of additional basic pay for annuity computation by employees.

Sec. 1918. Regulations.

Sec. 1919. Effective dates.

Division B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

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

Sec. 2003. Relation to funding tables.

Sec. 2004. General reduction across division.

Title XXI—Army

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project.

Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects.

Title XXII—Navy

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification and extension of authority to carry out certain fiscal year 2006 project.

Title XXIII—Air Force

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Termination of authority to carry out certain fiscal year 2009 Air Force project.

Sec. 2306. Extension of authorizations of certain fiscal year 2007 projects.

Sec. 2307. Extension of authorizations of certain fiscal year 2006 projects.

Sec. 2308. Conveyance to Indian tribes of certain housing units.

Title XXIV—Defense Agencies

Subtitle A—Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Family Housing.

Sec. 2403. Energy conservation projects.

Sec. 2404. Authorization of appropriations, Defense Agencies.

Sec. 2405. Termination or modification of authority to carry out certain fiscal year 2009 projects.

Sec. 2406. Modification of authority to carry out certain fiscal year 2008 project.

Sec. 2407. Extension of authorizations of certain fiscal year 2007 project.

Subtitle B—Chemical Demilitarization Authorizations

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

Title XXV—North Atlantic Treaty Organization Security Investment Program

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

Sec. 2502. Authorization of appropriations, NATO.

Title XXVI—Guard and Reserve Forces Facilities

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects.

Sec. 2608. Extension of authorizations of certain fiscal year 2006 project.

Title XXVII—Base Closure and Realignment Activities

Subtitle A—Authorizations

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

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

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

Subtitle B—Other Matters

Sec. 2711. Relocation of certain Army Reserve units in Connecticut.

Sec. 2712. Authority to construct Armed Forces Reserve Center in vicinity of Pease Air National Guard Base, New Hampshire.

Sec. 2713. Sense of Congress on ensuring joint basing recommendations do not adversely affect operational readiness.

Sec. 2714. Requirements related to providing world class military medical facilities in the National Capital Region.

Sec. 2715. Use of economic development conveyances to implement base closure and realignment property recommendations.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing Changes

Sec. 2801. Modification of unspecified minor construction authorities.

Sec. 2802. Congressional notification of facility repair projects carried out using operation and maintenance funds.

Sec. 2803. Modification of authority for scope of work variations.

Sec. 2804. Modification of conveyance authority at military installations.

Sec. 2805. Imposition of requirement that acquisition of reserve component facilities be authorized by law.

Sec. 2806. Authority to use operation and maintenance funds for construction projects inside the United States Central Command area of responsibility.

Sec. 2807. Expansion of First Sergeants Barracks Initiative.

Sec. 2808. Reports on privatization initiatives for military unaccompanied housing.

Sec. 2809. Report on Department of Defense contributions to States for acquisition, construction, expansion, rehabilitation, or conversion of reserve component facilities.

Subtitle B—Real Property and Facilities Administration

Sec. 2821. Modification of utility systems conveyance authority.

Sec. 2822. Report on global defense posture realignment and interagency review.

Sec. 2823. Property and facilities management of the Armed Forces Retirement Home.

Sec. 2824. Acceptance of contributions to support cleanup efforts at former Almaden Air Force Station, California.

Sec. 2825. Selection of military installations to serve as locations of brigade combat teams.

Sec. 2826. Report on Federal assistance to support communities adversely impacted by expansion of military installations.

Subtitle C—Provisions Related to Guam Realignment

Sec. 2831. Role of Department of Defense in management and coordination of Defense activities relating to Guam realignment.

Sec. 2832. Clarifications regarding use of special purpose entities to assist with Guam realignment.

Sec. 2833. Workforce issues related to military construction and certain other transactions on Guam.

Sec. 2834. Composition of workforce for construction projects funded through the Support for United States Relocation to Guam Account.

Sec. 2835. Interagency Coordination Group of Inspectors General for Guam Realignment.

Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on acceptance of replacement facility for Marine Corps Air Station, Futenma, Okinawa.

Sec. 2837. Report and sense of Congress on Marine Corps requirements in Asia-Pacific region.

Subtitle D—Energy Security

Sec. 2841. Adoption of unified energy monitoring and utility control system specification for military construction and military family housing activities.

Sec. 2842. Department of Defense goal regarding use of renewable energy sources to meet facility energy needs.

Sec. 2843. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods.

Sec. 2844. Department of Defense use of electric and hybrid motor vehicles.

Sec. 2845. Study on development of nuclear power plants on military installations.

Sec. 2846. Comptroller General report on Department of Defense renewable energy initiatives, including solar initiatives, on military installations.

Subtitle E—Land Conveyances

Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska.

Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas.

Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, California.

Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval Facility to City of Ferndale, California.

Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii.

Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui areas, Pearl Harbor, Hawaii.

Sec. 2857. Modification of land conveyance, former Griffiss Air Force Base, New York.

Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania.

Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota.

Sec. 2860. Land conveyance, Lackland Air Force Base, Texas.

Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia.

Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, Washington.

Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming.

Subtitle F—Other Matters

Sec. 2871. Revised authority to establish national monument to honor United States Armed Forces working dog teams.

Sec. 2872. National D–Day Memorial study.

Sec. 2873. Conditions on establishment of Cooperative Security Location in Palanquero, Colombia.

Sec. 2874. Military activities at United States Marine Corps Mountain Warfare Training Center.

Title XXIX—Overseas Contingency Operations Military Construction Authorizations

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

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

Sec. 2903. Construction authorization for facilities for Office of Defense Representative-Pakistan.

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.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Energy security and assurance.

Sec. 3106. Relation to funding tables.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111.  Stockpile stewardship program.

Sec. 3112. Report on stockpile stewardship criteria and assessment of stockpile stewardship program.

Sec. 3113. Stockpile management program.

Sec. 3114. Dual validation of annual weapons assessment and certification.

Sec. 3115. Elimination of nuclear weapons life extension program from exception to requirement to request funds in budget of the President.

Sec. 3116. Long-term plan for the modernization and refurbishment of the nuclear security complex.

Sec. 3117. Repeal of prohibition on funding activities associated with international cooperative stockpile stewardship.

Sec. 3118. Modification of minor construction threshold for plant projects.

Sec. 3119. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel.

Sec. 3120. National Nuclear Security Administration authority for urgent nonproliferation activities.

Sec. 3121. Repeal of sunset date for consolidation of counterintelligence programs of Department of Energy and National Nuclear Security Administration.

Subtitle C—Reports

Sec. 3131. National Academy of Sciences review of national security laboratories.

Sec. 3132. Plan to ensure capability to monitor, analyze, and evaluate foreign nuclear weapons activities.

Sec. 3133. Comptroller General study of stockpile stewardship program.

Sec. 3134. Comptroller General of the United States review of projects carried out by the Office of Environmental Management of the Department of Energy pursuant to the American Recovery and Reinvestment Act of 2009.

Subtitle D—Other Matters

Sec. 3141. Ten-year plan for use and funding of certain Department of Energy facilities.

Sec. 3142. Expansion of authority of Ombudsman of Energy Employees Occupational Illness Compensation Program.

Sec. 3143. Identification in budget materials of amounts for certain Department of Energy pension obligations.

Sec. 3144. Sense of Congress on production of molybdenum–99.

Title XXXII—Defense Nuclear Facilities Safety Board

Sec. 3201. Authorization.

Title XXXIV—Naval Petroleum Reserves

Sec. 3401. Authorization of appropriations.

Title XXXV—Maritime Administration

Sec. 3501. Authorization of appropriations for fiscal year 2010.

Sec. 3502. Unused leave balances.

Sec. 3503. Temporary program authorizing contracts with adjunct professors at the United States Merchant Marine Academy.

Sec. 3504. Maritime loan guarantee program.

Sec. 3505. Defense measures against unauthorized seizures of Maritime Security Fleet vessels.

Sec. 3506. Report on restrictions on United States-flagged commercial vessel security.

Sec. 3507. Technical corrections to State maritime academies student incentive program.

Sec. 3508. Cooperative agreements, administrative expenses, and contracting authority.

Sec. 3509. Use of funding for DOT maritime heritage property.

Sec. 3510. Use of midshipman fees.

Sec. 3511. Construction of vessels in the United States policy.

Sec. 3512. Port infrastructure development program.

Sec. 3513. Reefs for marine life conservation program.

Sec. 3514. United States Merchant Marine Academy graduate program receipt, disbursement, and accounting for nonappropriated funds.

Sec. 3515. America’s short sea transportation grants for the development of marine highways.

Sec. 3516. Expansion of the Marine View system.

Division D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

TITLE XLI—Procurement

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

TITLE XLII—Research, Development, Test, and Evaluation

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

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

TITLE XLIII—Operation and Maintenance

Sec. 4301. Operation and maintenance.

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

TITLE XLIV—Other Authorizations

Sec. 4401. Other authorizations.

Sec. 4402. Other authorizations for overseas contingency operations.

TITLE XLV—Military Construction Authorizations

Sec. 4501. Military construction.

Sec. 4502. 2005 base realignment and closure round FY 2010 project listing.

Sec. 4503. Military construction for overseas contingency operations.

TITLE XLVI—Department of Energy National Security Programs

Sec. 4601. Department of Energy national security programs.

Division E—Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

Sec. 4701. Short title.

Sec. 4702. Findings.

Sec. 4703. Definitions.

Sec. 4704. Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials.

Sec. 4705. Grant program.

Sec. 4706. Authorization for additional personnel to assist State, local, and tribal law enforcement.

Sec. 4707. Prohibition of certain hate crime acts.

Sec. 4708. Statistics.

Sec. 4709. Severability.

Sec. 4710. Rule of construction.

Sec. 4711. Guidelines for hate-crimes offenses.

Sec. 4712. Attacks on United States servicemen.

Sec. 4713. Report on mandatory minimum sentencing provisions.

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.

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. National Guard and Reserve equipment.

Sec. 106. Mine Resistant Ambush Protected Vehicle Fund.

Sec. 107. Relation to funding table.

Subtitle B—Army Programs

Sec. 111. Procurement of Future Combat Systems spin out early-infantry brigade combat team equipment.

Subtitle C—Navy Programs

Sec. 121. Littoral Combat Ship program.

Sec. 122. Treatment of Littoral Combat Ship program as a major defense acquisition program.

Sec. 123. Report on strategic plan for homeporting the Littoral Combat Ship.

Sec. 124. Advance procurement funding.

Sec. 125. Procurement programs for future naval surface combatants.

Sec. 126. Ford-class aircraft carrier report.

Sec. 127. Report on a service life extension program for Oliver Hazard Perry class frigates.

Sec. 128. Conditional multiyear procurement authority for F/A–18E, F/A–18F, or EA–18G aircraft.

Subtitle D—Air Force Programs

Sec. 131. Report on the procurement of 4.5 generation fighter aircraft.

Sec. 132. Revised availability of certain funds available for the F–22A fighter aircraft.

Sec. 133. Preservation and storage of unique tooling for F–22 fighter aircraft.

Sec. 134. AC–130 gunships.

Sec. 135. Report on E–8C Joint Surveillance and Target Attack Radar System re-engining.

Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft.

Sec. 137. Limitation on retirement of C–5 aircraft.

Sec. 138. Reports on strategic airlift aircraft.

Sec. 139. Strategic airlift force structure.

Subtitle E—Joint and Multiservice Matters

Sec. 141. Body armor procurement.

Sec. 142. Unmanned cargo-carrying-capable aerial vehicles.

Sec. 143. Modification of nature of data link for use by tactical unmanned aerial vehicles.

A

Authorization of Appropriations

101.

Army

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Army as follows:

(1)

For aircraft, $5,110,352,000.

(2)

For missiles, $1,368,109,000.

(3)

For weapons and tracked combat vehicles, $2,439,052,000.

(4)

For ammunition, $2,058,895,000.

(5)

For other procurement, $9,450,863,000.

102.

Navy and Marine Corps

(a)

Navy

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Navy as follows:

(1)

For aircraft, $18,842,112,000.

(2)

For weapons, including missiles and torpedoes, $3,446,019,000.

(3)

For shipbuilding and conversion, $13,776,867,000.

(4)

For other procurement, $5,610,581,000.

(b)

Marine Corps

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Marine Corps in the amount of $1,603,738,000.

(c)

Navy and Marine Corps Ammunition

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement of ammunition for the Navy and the Marine Corps in the amount of $814,015,000.

103.

Air Force

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Air Force as follows:

(1)

For aircraft, $11,224,371,000.

(2)

For ammunition, $822,462,000.

(3)

For missiles, $6,037,459,000.

(4)

For other procurement, $17,133,668,000.

104.

Defense-wide activities

Funds are hereby authorized to be appropriated for fiscal year 2010 for Defense-wide procurement in the amount of $4,090,816,000.

105.

National Guard and Reserve equipment

Funds are hereby authorized to be appropriated for fiscal year 2010 for the procurement of aircraft, missiles, wheeled and tracked combat vehicles, tactical wheeled vehicles, ammunition, other weapons, and other procurement for the reserve components of the Armed Forces in the amount of $600,000,000.

106.

Mine Resistant Ambush Protected Vehicle Fund

Funds are hereby authorized to be appropriated for fiscal year 2010 for the Mine Resistant Ambush Protected Vehicle Fund in the amount of $600,000,000.

107.

Relation to funding table

The amounts authorized to be appropriated by sections 101, 102, 103, 104, 105, and 106 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4101.

B

Army Programs

111.

Procurement of Future Combat Systems spin out early-infantry brigade combat team equipment

(a)

Limitation on low-rate initial production quantities

Notwithstanding section 2400 of title 10, United States Code, and except as provided in subsection (b), the Secretary of Defense may not procure more than one Future Combat Systems spin out early-infantry brigade combat team equipment set (in this section referred to as a brigade set) for low-rate initial production.

(b)

Waiver

The Under Secretary of Defense for Acquisition, Technology, and Logistics may waive the limitation in subsection (a) if—

(1)

the Under Secretary submits to Congress written certification that—

(A)

the Future Combat Systems spin out early-infantry brigade combat team program (in this section referred to as the program) requires low-rate initial production in excess of 10 percent of the total number of articles to be produced;

(B)

the Director of Defense Research and Engineering has completed a technology readiness assessment of the program;

(C)

the Director of Cost Assessment and Program Evaluation has completed an independent cost estimate of the program;

(D)

the Under Secretary has approved an acquisition strategy and acquisition program baseline for the program; and

(E)

all of the systems constituting the brigade set have been tested in their intended production configuration; and

(2)

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

(c)

Exception for meeting operational need statement requirements

The limitation on low-rate initial production in subsection (a) does not apply to the procurement of individual components of a brigade set if the procurement of such components is specifically intended to address an operational need statement requirement (as described in Army Regulation 71–9 or a successor regulation).

C

Navy Programs

121.

Littoral Combat Ship program

(a)

Contract authority

(1)

In general

The Secretary of the Navy may procure up to ten Littoral Combat Ships and 15 Littoral Combat Ship ship control and weapon systems by entering into a contract using competitive procedures. Such procurement may also include—

(A)

materiel and equipment in economic order quantities when cost savings are achievable; and

(B)

cost reduction initiatives.

(2)

Liability

A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.

(b)

Technical data package

(1)

Requirement

As part of the solicitation for proposals for a procurement authorized by subsection (a), the Secretary shall require that an offeror submit a proposal that provides for conveying a complete technical data package as part of a proposal for a Littoral Combat Ship.

(2)

Rights of the United States

The Secretary shall ensure that the Government’s rights in technical data for a Littoral Combat Ship are sufficient to permit the Government to—

(A)

conduct a competition for a second shipyard, as soon as practicable; and

(B)

transition the Littoral Combat Ship combat systems to Government-furnished equipment to achieve open architecture and foster competition to modernize future systems.

(c)

Limitation of costs

(1)

Limitation

Except as provided in subsection (d), and excluding amounts described in paragraph (2), beginning in fiscal year 2011, the total amount obligated or expended for the procurement of a Littoral Combat Ship awarded to a contractor selected as part of a procurement authorized by subsection (a) may not exceed $480,000,000 per vessel.

(2)

Exclusion

The amounts described in this paragraph are amounts associated with the following:

(A)

Elements designated by the Secretary of the Navy as a mission package.

(B)

Plans.

(C)

Technical data packages.

(D)

Class design services.

(E)

Post-delivery, outfitting, and program support costs.

(d)

Waiver and adjustment of limitation amount

(1)

Waiver

The Secretary of the Navy may waive the limitation in subsection (c)(1) with respect to a vessel if—

(A)

the Secretary provides supporting data and certifies in writing to the congressional defense committees that—

(i)

the total amount obligated or expended for procurement of the vessel–

(I)

is in the best interest of the United States; and

(II)

is affordable, within the context of the annual naval vessel construction plan required by section 231 of title 10, United States Code; and

(ii)

the total amount obligated or expended for procurement of at least one other vessel authorized by subsection (a) has been or is expected to be less than $480,000,000; and

(B)

a period of not less than 30 days has expired following the date on which such certification and data are submitted to the congressional defense committees.

(2)

Adjustment

The Secretary of the Navy may adjust the amount set forth in subsection (c)(1) for Littoral Combat Ship vessels referred to in that subsection by the following:

(A)

The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2009.

(B)

The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2009.

(C)

The amounts of increases or decreases in costs of the vessel that are attributable to insertion of new technology into that vessel, as compared to the technology built into the first or second vessels of the Littoral Combat Ship class of vessels, if the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology—

(i)

is expected to decrease the life-cycle cost of the vessel; or

(ii)

is required to meet an emerging threat that poses grave harm to national security.

(D)

The amounts of increases or decreases in costs required to correct deficiencies that may affect the safety of the vessel and personnel or otherwise preclude the vessel from safe operations and crew certifications.

(e)

Annual Reports

At the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for each fiscal year, the Secretary of the Navy shall submit to the congressional defense committees a report on Littoral Combat Ship vessels. Each such report shall include the following:

(1)

The current (as of the date of the report) and projected total basic construction costs, Government-furnished equipment costs, and other program costs associated with each of the Littoral Combat Ships under construction.

(2)

Written notice of any adjustment in the amount set forth in subsection (c)(1) made during the preceding fiscal year that the Secretary adjusted under the authority provided in subsection (d)(2).

(3)

A summary of investment made by the Government for cost-reduction initiatives and the projected savings or cost avoidance based on those investments.

(4)

A summary of investment made by the construction yard to improve efficiency and optimization of construction along with the projected savings or cost avoidance based on those investments.

(5)

Information, current as of the date of the report, regarding—

(A)

the content of any element of the Littoral Combat Ship class of vessels that is designated as a mission package;

(B)

the estimated cost of any such element; and

(C)

the total number of such elements anticipated.

(f)

Definitions

In this section:

(1)

The term mission package means the interchangeable systems that deploy with a Littoral Combat Ship vessel.

(2)

The term technical data package means a compilation of detailed engineering plans and specifications for construction of the vessels.

(3)

The term total amount obligated or expended for procurement, with respect to a Littoral Combat Ship, means the sum of the costs of basic construction and Government-furnished equipment for the ship.

(g)

Conforming repeal

Section 124 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3157), as amended by section 125 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 29) and section 122 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4376), is repealed.

122.

Treatment of Littoral Combat Ship program as a major defense acquisition program

Effective as of the date of the enactment of this Act, the program for the Littoral Combat Ship shall be treated as a major defense acquisition program for purposes of chapter 144 of title 10, United States Code.

123.

Report on strategic plan for homeporting the Littoral Combat Ship

(a)

Report required

At the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for fiscal year 2011, the Secretary of the Navy shall submit to the congressional defense committees a report setting forth the strategic plan of the Navy for homeporting the Littoral Combat Ship on the east coast and west coast of the United States.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

An analysis of how the homeporting plan would support the requirements of the commanders of the combatant commands, by geographic area of responsibility, for the capabilities delivered by Littoral Combat Ships, including the notional transit times to the various geographic areas of responsibility.

(2)

An assessment of the effect that each type of Littoral Combat Ship would have on each port in which such ship could be homeported, including an identification of the infrastructure required to support each such ship with respect to—

(A)

the availability of pier space with supporting ship services infrastructure, taking into account the largest fleet size envisioned by the long–term plan for the construction of naval vessels submitted for fiscal year 2011;

(B)

the logistical and maintenance support services required in any port chosen for the Littoral Combat Ships; and

(C)

any investment in naval station infrastructure required for homeporting Littoral Combat Ships (including a plan for such investment).

(3)

With respect to the projected force structure size of the Navy in fiscal year 2020, a graphical depiction of the total planned ships berthing in the pier areas of any naval facility chosen to homeport Littoral Combat Ships, including the identification of the ships berthing plan for the maximum number of ships expected in-port at any one time.

124.

Advance procurement funding

(a)

Advance procurement

With respect to a naval vessel for which amounts are authorized to be appropriated or otherwise made available for fiscal year 2010 or any fiscal year thereafter for advance procurement in shipbuilding and conversion, Navy, the Secretary of the Navy may enter into a contract, in advance of a contract for construction of any vessel, for any of the following:

(1)

Components, parts, or materiel.

(2)

Production planning and other related support services that reduce the overall procurement lead time of such vessel.

(b)

Aircraft Carrier Designated CVN–79

With respect to components of the aircraft carrier designated CVN–79 for which amounts are authorized to be appropriated or otherwise made available for fiscal year 2010 or any fiscal year thereafter for advance procurement in shipbuilding and conversion, Navy, the Secretary of the Navy may enter into a contract for the advance construction of such components if the Secretary determines that cost savings, construction efficiencies, or workforce stability may be achieved for such aircraft carrier through the use of such contract.

(c)

Condition of out-year contract payments

A contract entered into under subsection (b) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2010 is subject to the availability of appropriations for that purpose for such fiscal year.

125.

Procurement programs for future naval surface combatants

(a)

Limitation on availability of funds pending reports about surface combatant shipbuilding programs

The Secretary of the Navy may not obligate or expend funds for the construction of, or advanced procurement of materials for, a surface combatant to be constructed after fiscal year 2011 until the Secretary has submitted to Congress each of the following:

(1)

An acquisition strategy for such surface combatants that has been approved by the Under Secretary of Defense for Acquisition, Technology, and Logistics.

(2)

Certification that the Joint Requirements Oversight Council—

(A)

has been briefed on the acquisition strategy to procure such surface combatants; and

(B)

has concurred that such strategy is the best preferred approach to deliver required capabilities to address future threats, as reflected in the latest assessment by the defense intelligence community.

(3)

A verification by, and conclusions of, an independent review panel that, in evaluating the program or programs concerned, the Secretary of the Navy considered each of the following:

(A)

Modeling and simulation, including war gaming conclusions regarding combat effectiveness for the selected ship platforms as compared to other reasonable alternative approaches.

(B)

Assessments of platform operational availability.

(C)

Life cycle costs, including vessel manning levels, to accomplish missions.

(D)

The differences in cost and schedule arising from the need to accommodate new sensors and weapons in surface combatants to be constructed after fiscal year 2011 to counter the future threats referred to in paragraph (2), when compared with the cost and schedule arising from the need to accommodate sensors and weapons on surface combatants as contemplated by the 2009 shipbuilding plan for the vessels concerned.

(4)

The conclusions of a joint review by the Secretary of the Navy and the Director of the Missile Defense Agency setting forth additional requirements for investment in Aegis ballistic missile defense beyond the number of DDG–51 and CG–47 vessels planned to be equipped for this mission area in the budget of the President for fiscal year 2010 (as submitted to Congress pursuant to section 1105 of title 31, United States Code).

(b)

Future surface combatant acquisition strategy

Not later than the date upon which the President submits to Congress the budget for fiscal year 2012 (as so submitted), the Secretary of the Navy shall submit to the congressional defense committees an update to the open architecture report to Congress that reflects the Navy’s combat systems acquisition plans for the surface combatants to be procured in fiscal year 2012 and fiscal years thereafter.

(c)

Naval surface fire support

Not later than 120 days after the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees an update to the March 2006 Report to Congress on Naval Surface Fire Support. The update shall identify how the Department of Defense intends to address any shortfalls between required naval surface fire support capability and the plan of the Navy to provide that capability. The update shall include addenda by the Chief of Naval Operations and Commandant of the Marine Corps, as was the case in the 2006 report.

(d)

Technology roadmap for future surface combatants and fleet modernization

(1)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall develop a plan to incorporate into surface combatants constructed after 2011, and into fleet modernization programs, the technologies developed for the DDG–1000 destroyer and the DDG–51 and CG–47 Aegis ships, including technologies and systems designed to achieve significant manpower savings.

(2)

Scope of plan

The plan required by paragraph (1) shall include sufficient detail for systems and subsystems to ensure that the plan—

(A)

avoids redundant development for common functions;

(B)

reflects implementation of Navy plans for achieving an open architecture for all naval surface combat systems; and

(C)

fosters competition.

(e)

Definitions

In this section:

(1)

The term 2009 shipbuilding plan means the 30-year shipbuilding plan submitted to Congress pursuant to section 231, title 10, United States Code, together with the budget of the President for fiscal year 2009 (as submitted to Congress pursuant to section 1105 of title 31, United States Code).

(2)

The term surface combatant means a cruiser, a destroyer, or any naval vessel, excluding Littoral Combat Ships, under a program currently designated as a future surface combatant program.

126.

Ford-class aircraft carrier report

Not later than February 1, 2010, the Secretary of the Navy shall submit to the congressional defense committees a report on the effects of using a five-year interval for the construction of Ford-class aircraft carriers. The report shall include, at a minimum, an assessment of the effects of such five-year interval on the following:

(1)

With respect to the supplier base—

(A)

the viability of the base, including suppliers exiting the market or other potential reductions in competition; and

(B)

cost increases to the Ford-class aircraft carrier program.

(2)

Training of individuals in trades related to ship construction.

(3)

Loss of expertise associated with ship construction.

(4)

The costs of—

(A)

any additional technical support or production planning associated with the start of construction;

(B)

material and labor;

(C)

overhead; and

(D)

other ship construction programs, including the costs of existing and future contracts.

127.

Report on a service life extension program for Oliver Hazard Perry class frigates

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report setting forth the following:

(1)

A detailed analysis of a service life extension program for the Oliver Hazard Perry class frigates, including—

(A)

the cost of the program;

(B)

a notional schedule for the program; and

(C)

the shipyards available to carry out the work under the program.

(2)

The strategic plan of the Navy for—

(A)

the manner in which the Littoral Combat Ship will fulfill the roles and missions currently performed by the Oliver Hazard Perry class frigates as such frigates are decommissioned; and

(B)

the year-by-year planned commissioning of Littoral Combat Ships and planned decommissioning of Oliver Hazard Perry class frigates through the projected service life of the Oliver Hazard Perry class frigates.

(3)

An analysis of the necessary procurement rates of Littoral Combat Ships if the extension of the service life of the Oliver Hazard Perry class frigates alleviates capability gaps caused by a delay in the procurement rates of Littoral Combat Ships.

(4)

A description of the manner in which the Navy has met the requirements of the United States Southern Command over time, including the assets and vessels the Navy has deployed for military-to-military engagements, UNITAS exercises, and counterdrug operations in support of the Commander of the United States Southern Command during the five-year period ending on the date of the report.

128.

Conditional multiyear procurement authority for F/A–18E, F/A–18F, or EA–18G aircraft

(a)

Authority for multiyear procurement

(1)

In general

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract for the procurement of F/A–18E, F/A–18F, or EA–18G aircraft.

(2)

Submission of written certification by Secretary of Defense

For purposes of paragraph (1), the term March 1 of the year in which the Secretary requests legislative authority to enter into such contract in section 2306b(i)(1) of such title shall be deemed to be a reference to March 1, 2010.

(b)

Contract requirement

A multiyear contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose.

(c)

Report of findings

In addition to any reports or certifications required by section 2306b of title 10, United States Code, not later than March 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report on how the findings and conclusions of the quadrennial defense review under section 118 of such title and the 30-year aviation plan under section 231a of such title have informed the acquisition strategy of the Secretary with regard to the F/A–18E, F/A–18F, and EA–18G aircraft programs of record.

(d)

Sunset

(1)

Termination date

Except as provided in paragraph (2), the authority to enter into a multiyear contract under subsection (a) shall terminate on May 1, 2010.

(2)

Extension

The Secretary of the Navy may enter into a multiyear contract under subsection (a) until September 30, 2010, if the Secretary notifies the congressional defense committees in writing—

(A)

that the administrative processes or other contracting activities necessary for executing this authority cannot be completed before May 1, 2010; and

(B)

of the date, on or before September 30, 2010, on which the Secretary plans to enter into such multiyear contract.

D

Air Force Programs

131.

Report on the procurement of 4.5 generation fighter aircraft

(a)

In General

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the procurement of 4.5 generation fighter aircraft. The report shall include the following:

(1)

The number of 4.5 generation fighter aircraft needed to be procured during fiscal years 2011 through 2025 to fulfill the requirement of the Air Force to maintain not less than 2,200 tactical fighter aircraft.

(2)

The estimated procurement costs for those aircraft if procured through annual procurement contracts.

(3)

The estimated procurement costs for those aircraft if procured through multiyear procurement contracts.

(4)

The estimated savings that could be derived from the procurement of those aircraft through a multiyear procurement contract, and whether the Secretary determines the amount of those savings to be substantial.

(5)

A discussion comparing the costs and benefits of obtaining those aircraft through annual procurement contracts with the costs and benefits of obtaining those aircraft through a multiyear procurement contract.

(6)

A discussion regarding the availability and feasibility of procuring F–35 aircraft to proportionally and concurrently recapitalize the Air National Guard during fiscal years 2015 through fiscal year 2025.

(b)

4.5 generation fighter aircraft defined

In this section, the term 4.5 generation fighter aircraft means current fighter aircraft, including the F–15, F–16, and F–18, that—

(1)

have advanced capabilities, including—

(A)

AESA radar;

(B)

high capacity data-link; and

(C)

enhanced avionics; and

(2)

have the ability to deploy current and reasonably foreseeable advanced armaments.

132.

Revised availability of certain funds available for the F–22A fighter aircraft

(a)

Repeal of authority on availability of fiscal year 2009 funds

Section 134 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4378) is repealed.

(b)

Availability of advance procurement funds for other F–22A aircraft modernization priorities

Subject to the provisions of appropriations Acts and applicable requirements relating to the transfer of funds, the Secretary of the Air Force may transfer amounts authorized to be appropriated for fiscal year 2009 by section 103(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4373) for aircraft procurement for the Air Force and available for advance procurement for the F–22A fighter aircraft within that subaccount or to other subaccounts for aircraft procurement for the Air Force for purposes of providing funds for other modernization priorities with respect to the F–22A fighter aircraft.

133.

Preservation and storage of unique tooling for F–22 fighter aircraft

(a)

Plan

The Secretary of the Air Force shall develop a plan for the preservation and storage of unique tooling related to the production of hardware and end items for F–22 fighter aircraft. The plan shall—

(1)

ensure that the Secretary preserves and stores required tooling in a manner that—

(A)

allows the production of such hardware and end items to be restarted after a period of idleness; and

(B)

provides for the long-term sustainment and repair of such hardware and end items;

(2)

with respect to the supplier base of such hardware and end items, identify the costs of restarting production; and

(3)

identify any contract modifications, additional facilities, or funding that the Secretary determines necessary to carry out the plan.

(b)

Restriction on the use of funds

None of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2010 for aircraft procurement, Air Force, for F–22 fighter aircraft may be obligated or expended for activities related to disposing of F–22 production tooling until a period of 45 days has elapsed after the date on which the Secretary submits to Congress a report describing the plan required by subsection (a).

134.

AC–130 gunships

(a)

Report on reduction in service life in connection with accelerated deployment

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Commander of the United States Special Operations Command, shall submit to the congressional defense committees an assessment of the reduction in the service life of AC–130 gunships of the Air Force as a result of the accelerated deployments of such gunships that are anticipated during the seven- to ten-year period beginning with the date of the enactment of this Act, assuming that operating tempo continues at a rate per year that is similar to the average rate per year of the five years preceding the date of the report.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

An estimate by series of the maintenance costs for the AC–130 gunships during the period described in subsection (a), including any major airframe and engine overhauls of such aircraft anticipated during that period.

(2)

A description by series of the age, serviceability, and capabilities of the armament systems of the AC–130 gunships.

(3)

An estimate by series of the costs of modernizing the armament systems of the AC–130 gunships to achieve any necessary capability improvements.

(4)

A description by series of the age and capabilities of the electronic warfare systems of the AC–130 gunships, and an estimate of the cost of upgrading such systems during that period to achieve any necessary capability improvements.

(5)

A description by series of the age of the avionics systems of the AC–130 gunships and an estimate of the cost of upgrading such systems during that period to achieve any necessary capability improvements.

(c)

Form

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

(d)

Analysis of alternatives

The Secretary of the Air Force, in consultation with the Commander of the United States Special Operations Command, shall conduct an analysis of alternatives for any gunship modernization requirements identified by the 2009 quadrennial defense review under section 118 of title 10, United States Code. The results of the analysis of alternatives shall be provided to the congressional defense committees not later than 18 months after the completion of the 2009 quadrennial defense review.

135.

Report on E–8C Joint Surveillance and Target Attack Radar System re-engining

(a)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on replacing the engines of E-8C Joint Surveillance and Target Attack Radar System aircraft (in this section referred to as Joint STARS aircraft). The report shall include the following:

(1)

An assessment of funding alternatives and options for accelerating funding for the fielding of Joint STARS aircraft with replaced engines.

(2)

An analysis of the tradeoffs involved in the decision to replace the engines of Joint STARS aircraft or not to replace those engines, including the potential cost savings from replacing those engines and the operational impacts of not replacing those engines.

(3)

An identification of the optimum path forward for replacing the engines of Joint STARS aircraft and modernizing the Joint STARS fleet.

(b)

Limitation on certain actions

The Secretary of the Air Force may not take any action that would adversely impact the pace of the execution of the program to replace the engines of Joint STARS aircraft before submitting the report required by subsection (a).

136.

Repeal of requirement to maintain certain retired C–130E aircraft

Section 134 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 31) is amended—

(1)

by striking subsection (c);

(2)

by redesignating subsection (d) as subsection (c); and

(3)

in subsection (b), by striking subsection (d) and inserting subsection (c).

137.

Limitation on retirement of C–5 aircraft

(a)

Limitation

The Secretary of the Air Force may not proceed with a decision to retire C–5A aircraft from the active inventory of the Air Force in any number that would reduce the total number of such aircraft in the active inventory below 111 until—

(1)

the Air Force has modified a C–5A aircraft to the configuration referred to as the Reliability Enhancement and Reengining Program (RERP) configuration, as planned under the C–5 System Development and Demonstration program as of May 1, 2003; and

(2)

the Director of Operational Test and Evaluation of the Department of Defense—

(A)

conducts an operational evaluation of that aircraft, as so modified; and

(B)

provides to the Secretary of Defense and the congressional defense committees an operational assessment.

(b)

Operational evaluation

An operational evaluation for purposes of paragraph (2)(A) of subsection (a) is an evaluation, conducted during operational testing and evaluation of the aircraft, as so modified, of the performance of the aircraft with respect to reliability, maintainability, and availability and with respect to critical operational issues.

(c)

Operational assessment

An operational assessment for purposes of paragraph (2)(B) of subsection (a) is an operational assessment of the program to modify C–5A aircraft to the configuration referred to in subsection (a)(1) regarding both overall suitability and deficiencies of the program to improve performance of the C–5A aircraft relative to requirements and specifications for reliability, maintainability, and availability of that aircraft as in effect on May 1, 2003.

(d)

Additional limitations on retirement of aircraft

The Secretary of the Air Force may not retire C–5 aircraft from the active inventory as of the date of the enactment of this Act until the later of the following:

(1)

The date that is 90 days after the date on which the Director of Operational Test and Evaluation submits the report referred to in subsection (a)(2)(B).

(2)

The date that is 90 days after the date on which the Secretary submits the report required under subsection (e).

(3)

The date that is 30 days after the date on which the Secretary certifies to the congressional defense committees that—

(A)

the retirement of such aircraft will not increase the operational risk of meeting the National Defense Strategy; and

(B)

the retirement of such aircraft will not reduce the total strategic airlift force structure below 316 strategic airlift aircraft.

(e)

Report on retirement of aircraft

The Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:

(1)

The rationale for the retirement of existing C–5 aircraft and a cost-benefit analysis of alternative strategic airlift force structures, including the force structure that would result from the retirement of such aircraft.

(2)

An updated assessment to the assessment of the Under Secretary for Acquisition, Technology, and Logistics certified on February 14, 2008, concerning the costs and benefits of applying the Reliability Enhancement and Re-engining Program (RERP) modification to the entire the C–5A aircraft fleet.

(3)

An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of operating a mix of C–5A aircraft and C–5M aircraft.

(4)

An assessment of the costs and benefits of increasing the number of C–5 aircraft in Back-up Aircraft Inventory (BAI) status as a hedge against future requirements of such aircraft.

(5)

An assessment of the costs, benefits, and implications of transferring C–5 aircraft to United States flag carriers operating in the Civil Reserve Air Fleet (CRAF) program or to coalition partners in lieu of the retirement of such aircraft.

(6)

Such other matters relating to the retirement of C–5 aircraft as the Secretary considers appropriate.

138.

Reports on strategic airlift aircraft

At least 90 days before the date on which a C–5 aircraft is retired, the Secretary of the Air Force, in consultation with the Director of the Air National Guard, shall submit to the congressional defense committees a report on the proposed force structure and basing of strategic airlift aircraft (as defined in section 8062(g)(2) of title 10, United States Code). Each report shall include the following:

(1)

A list of each aircraft in the inventory of strategic airlift aircraft, including for each such aircraft—

(A)

the type;

(B)

the variant; and

(C)

the military installation where such aircraft is based.

(2)

A list of each strategic airlift aircraft proposed for retirement, including for each such aircraft—

(A)

the type;

(B)

the variant; and

(C)

the military installation where such aircraft is based.

(3)

A list of each unit affected by a proposed retirement listed under paragraph (2) and how such unit is affected.

(4)

For each military installation listed under paragraph (2)(C), changes, if any, to the mission of the installation as a result of a proposed retirement.

(5)

Any anticipated reductions in manpower as a result of a proposed retirement listed under paragraph (2).

139.

Strategic airlift force structure

Subsection (g)(1) of section 8062 of title 10, United States Code, is amended—

(1)

by striking 2008 and inserting 2009; and

(2)

by striking 299 and inserting 316.

E

Joint and Multiservice Matters

141.

Body armor procurement

(a)

Procurement

The Secretary of Defense shall ensure that body armor is procured using funds authorized to be appropriated by this title.

(b)

Procurement line item

In the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2011, and each subsequent fiscal year, the Secretary shall ensure that within each military department procurement account, a separate, dedicated procurement line item is designated for body armor.

142.

Unmanned cargo-carrying-capable aerial vehicles

None of the amounts authorized to be appropriated for procurement may be obligated or expended for an unmanned cargo-carrying-capable aerial vehicle until a period of 15 days has elapsed after the date on which the Vice Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Acquisition, Technology, and Logistics certify to the congressional defense committees that the Joint Requirements Oversight Council has approved a joint and common requirement for an unmanned cargo-carrying-capable aerial vehicle type.

143.

Modification of nature of data link for use by tactical unmanned aerial vehicles

Section 141(a)(1) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3164) is amended by striking , until such time as the Tactical Common Data Link standard is replaced by an updated standard for use by those vehicles and inserting or a data link that uses waveform capable of transmitting and receiving Internet Protocol communications.

II

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Relation to funding table.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Extension and enhancement of Global Research Watch Program.

Sec. 212. Permanent authority for the Joint Defense Manufacturing Technology Panel.

Sec. 213. Elimination of report requirements regarding Defense Science and Technology Program.

Sec. 214. Authorization for the Secretary of the Navy to purchase infrastructure and Government purpose rights license associated with the Navy-Marine Corps intranet.

Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission Submersible program.

Sec. 216. Separate program elements required for research and development of individual body armor and associated components.

Sec. 217. Separate procurement and research, development, test, and evaluation line items and program elements for the F-35B and F-35C joint strike fighter aircraft.

Sec. 218. Restriction on obligation of funds for Army tactical ground network program pending receipt of report.

Sec. 219. Programs for ground combat vehicle and self-propelled howitzer capabilities for the Army.

Sec. 220. Guidance on budget justification materials describing funding requested for operation, sustainment, modernization, and personnel of major ranges and test facilities.

Sec. 221. Assessment of technological maturity and integration risk of Army modernization programs.

Sec. 222. Assessment of activities for technology modernization of the combat vehicle and armored tactical wheeled vehicle fleets.

Subtitle C—Missile Defense Programs

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

Sec. 232. Assessment and plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System.

Sec. 233. Continued production of Ground-based Interceptor missile and operation of Missile Field 1 at Fort Greely, Alaska.

Sec. 234. Limitation on availability of funds for acquisition or deployment of missile defenses in Europe.

Sec. 235. Authorization of funds for development and deployment of alternative missile defense systems in Europe.

Sec. 236. Comprehensive plan for test and evaluation of the ballistic missile defense system.

Sec. 237. Study on discrimination capabilities of ballistic missile defense system.

Sec. 238. Ascent phase missile defense strategy and plan.

Sec. 239. Extension of deadline for study on boost-phase missile defense.

Subtitle D—Reports

Sec. 241. Repeal of requirement for biennial joint warfighting science and technology plan.

Sec. 242. Modification of reporting requirement for defense nanotechnology research and development program.

Sec. 243. Comptroller General assessment of coordination of energy storage device requirements, purchases, and investments.

Sec. 244. Annual Comptroller General report on the F–35 Lightning II aircraft acquisition program.

Sec. 245. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities.

Sec. 246. Report on future research and development of man-portable and vehicle-mounted guided missile systems.

Sec. 247. Report on the development of command and control systems.

Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems.

Subtitle E—Other Matters

Sec. 251. Enhancement of duties of Director of Department of Defense Test Resource Management Center with respect to the Major Range and Test Facility Base.

Sec. 252. Establishment of program to enhance participation of historically black colleges and universities and minority-serving institutions in defense research programs.

Sec. 253. Extension of authority to award prizes for advanced technology achievements.

Sec. 254. Authority for National Aeronautics and Space Administration federally funded research and development centers to participate in merit-based technology research and development programs.

Sec. 255. Next generation bomber aircraft.

A

Authorization of Appropriations

201.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Department of Defense for research, development, test, and evaluation as follows:

(1)

For the Army, $10,638,534,000.

(2)

For the Navy, $19,607,161,000.

(3)

For the Air Force, $28,401,642,000.

(4)

For Defense-wide activities, $20,604,271,000, of which $190,770,000 is authorized for the Director of Operational Test and Evaluation.

202.

Relation to funding table

The amounts authorized to be appropriated by section 201 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4201.

B

Program Requirements, Restrictions, and Limitations

211.

Extension and enhancement of Global Research Watch Program

(a)

Limitation on availability of certain funds for military departments pending provision of assistance under program

Subsection (d) of section 2365 of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)
(A)

Funds available to a military department for a fiscal year for monitoring or analyzing the research activities and capabilities of foreign nations may not be obligated or expended until the Director certifies to the Under Secretary of Defense for Acquisition, Technology, and Logistics that the Secretary of such military department has provided the assistance required under paragraph (2).

(B)

The limitation in subparagraph (A) shall not be construed to alter or effect the availability to a military department of funds for intelligence activities.

.

(b)

Four-year extension of program

Subsection (f) of such section is amended by striking September 30, 2011 and inserting September 30, 2015.

212.

Permanent authority for the Joint Defense Manufacturing Technology Panel

Section 2521 of title 10, United States Code, is amended—

(1)

by redesignating subsection (e) as subsection (f); and

(2)

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

(e)

Joint Defense Manufacturing Technology Panel

(1)

There is in the Department of Defense the Joint Defense Manufacturing Technology Panel.

(2)
(A)

The Chair of the Joint Defense Manufacturing Technology Panel shall be the head of the Panel. The Chair shall be appointed, on a rotating basis, from among the appropriate personnel of the military departments and Defense Agencies with manufacturing technology programs.

(B)

The Panel shall be composed of at least one individual from among appropriate personnel of each military department and Defense Agency with manufacturing technology programs. The Panel may include as ex-officio members such individuals from other government organizations, academia, and industry as the Chair considers appropriate.

(3)

The purposes of the Panel shall be as follows:

(A)

To identify and integrate requirements for the program.

(B)

To conduct joint planning for the program.

(C)

To develop joint strategies for the program.

(4)

In carrying out the purposes specified in paragraph (3), the Panel shall perform the functions as follows:

(A)

Conduct comprehensive reviews and assessments of defense-related manufacturing issues being addressed by the manufacturing technology programs and related activities of the Department of Defense.

(B)

Execute strategic planning to identify joint planning opportunities for increased cooperation in the development and implementation of technological products and the leveraging of funding for such purposes with the private sector and other government agencies.

(C)

Ensure the integration and coordination of requirements and programs under the program with the Office of the Secretary of Defense and other national-level initiatives, including the establishment of information exchange processes with other government agencies, private industry, academia, and professional associations.

(D)

Conduct such other functions as the Under Secretary of Defense for Acquisition, Technology, and Logistics shall specify.

(5)

The Panel shall report to and receive direction from the Director of Defense Research and Engineering on manufacturing technology issues of multi-service concern and application.

(6)

The administrative expenses of the Panel shall be borne by each military department and Defense Agency with manufacturing technology programs in such manner as the Panel shall provide.

.

213.

Elimination of report requirements regarding Defense Science and Technology Program

Section 212 of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 2501 note) is repealed.

214.

Authorization for the Secretary of the Navy to purchase infrastructure and Government purpose rights license associated with the Navy-Marine Corps intranet

(a)

Purchases authorized

The Secretary of the Navy may enter into one or more contracts for the purchase of infrastructure and Government purpose rights for any or all technical data, computer software, and computer software documentation used or created under the Navy-Marine Corps Intranet multiyear contract, as in effect on the date of the enactment of this Act, if the Secretary determines that such a purchase would be in the best interest of the Department of the Navy.

(b)

Contract requirements

Under a contract entered into under this section, the Secretary may purchase any discrete component or item of technical data, computer software, or computer software documentation of the Navy-Marine Corps Intranet and may obligate the Government only to amounts provided in advance in appropriations Acts specifically for the purpose of the contract. This section shall not apply to any purchases using funds available to the Department of the Navy for any fiscal year that begins before October 1, 2010.

(c)

Limitation

A contract entered into under this section may not, in any way, commit the Secretary or the Government to purchase any additional components or other items of technical data, computer software, or computer software documentation in subsequent years.

(d)

Limitation on liability

A contract entered into under this section shall limit the amount of Government liability under the contract to the amount of appropriations available for such purpose at the time the Secretary enters into the contract or on the date an option is exercised.

(e)

Purchase before end of contract period

Nothing in this section and nothing in any contract entered into under this section shall preclude the Secretary from purchasing the infrastructure and Government purpose rights for all technical data, computer software, and computer software documentation used or created under the Navy-Marine Corps Intranet multiyear contract, as in effect on the date of the enactment of this Act, prior to the end of the contract period, for whatever reason the Secretary determine is appropriate.

215.

Limitation on expenditure of funds for Joint Multi-Mission Submersible program

None of the funds authorized to be appropriated by this or any other Act for fiscal year 2010 may be obligated or expended for the Joint Multi-Mission Submersible program to proceed beyond Milestone B approval (as that term is defined in section 2366(e)(7) of title 10, United States Code) until the Secretary of Defense, in consultation with the Director of National Intelligence—

(1)

completes an assessment on the feasibility of a cost-sharing agreement between the Department of Defense and the intelligence community (as that term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))), for the Joint Multi-Mission Submersible program;

(2)

submits to the congressional defense committees and the intelligence committees (as that term is defined in section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7)) the assessment referred to in paragraph (1); and

(3)

certifies to the congressional defense committees and the intelligence committees that any agreement developed pursuant to the assessment referred to in paragraph (1) represents the most effective and affordable means of delivery for meeting a validated program requirement.

216.

Separate program elements required for research and development of individual body armor and associated components

In the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2011, and each subsequent fiscal year, the Secretary shall ensure that within each research, development, test, and evaluation account of each military department a separate, dedicated program element is assigned to the research and development of individual body armor and associated components.

217.

Separate procurement and research, development, test, and evaluation line items and program elements for the F-35B and F-35C joint strike fighter aircraft

In the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2011, and each subsequent fiscal year, the Secretary shall ensure that within the Navy research, development, test, and evaluation account and the Navy aircraft procurement account, a separate, dedicated line item and program element is assigned to each of the F-35B aircraft and the F-35C aircraft, to the extent that such accounts include funding for each such aircraft.

218.

Restriction on obligation of funds for Army tactical ground network program pending receipt of report

(a)

Limitation on obligation of research and development funding

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2010 for research and development for the Army, for the program elements specified in subsection (c), not more than 50 percent may be obligated or expended until 30 days after the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to Congress a report on the acquisition strategy, requirements, and cost estimates for the Army tactical ground network program.

(b)

Army tactical ground network program defined

For the purposes of subsection (a), the term Army tactical ground network program means the new tactical ground network major defense acquisition program derived from the Future Combat Systems Brigade Combat Team program network, and directed to be initiated by the memorandum entitled Future Combat Systems Brigade Combat Team Acquisition Decision Memorandum, which was signed by the Under Secretary of Defense for Acquisition, Technology, and Logistics on June 23, 2009.

(c)

Army tactical ground network program elements specified

The program elements specified in this subsection are the following:

(1)

Future Combat Systems of Systems Engineering and Program Management.

(2)

Future Combat Systems Sustainment and Training Research and Development.

(3)

Any other program element specified by the Secretary of Defense to fund the Army tactical ground network program.

219.

Programs for ground combat vehicle and self-propelled howitzer capabilities for the Army

(a)

Programs required

(1)

In general

The Secretary of Defense shall carry out a separate program to achieve each of the following:

(A)

The development, test, and fielding of an operationally effective, suitable, survivable, and affordable next generation ground combat vehicle for the Army.

(B)

The development, test, and fielding of an operationally effective, suitable, survivable, and affordable next generation self-propelled howitzer capability for the Army.

(2)

Compliance with certain acquisition requirements

Each program under paragraph (1) shall comply with the requirements of the Weapons Systems Acquisition Reform Act of 2009, and the amendments made by that Act.

(b)

Strategy and plan for acquisition

(1)

In general

Not later than March 31, 2010, the Secretary shall submit to the congressional defense committees a report setting forth a strategy and plan for the acquisition of weapon systems under the programs required by subsection (a). Each strategy and plan shall include measurable goals and objectives for the acquisition of such weapon systems, and shall identify all proposed major development, testing, procurement, and fielding events toward the achievement of such goals and objectives.

(2)

Elements

In developing each strategy and plan under paragraph (1), the Secretary shall consider the following:

(A)

A single vehicle or family of vehicles utilizing a common chassis and automotive components.

(B)

The incorporation of weapon, vehicle, communications, network, and system of systems common operating environment technologies developed under the Future Combat Systems program.

(c)

Annual reports

(1)

Reports required

The Secretary shall submit to the congressional defense committees, at the same time the President submits to Congress the budget for each of fiscal years 2011 through 2015 (as submitted pursuant to section 1105(a) of title 31, United States Code), a report on the investments proposed to be made under such budget with respect to each program required by subsection (a).

(2)

Elements

Each report under paragraph (1) shall set forth, for the fiscal year covered by the budget with which such report is submitted—

(A)

the manner in which amounts requested in such budget would be available for each program required by subsection (a); and

(B)

an assessment of the extent to which utilizing such amount in such manner would improve ground combat capabilities for the Army.

220.

Guidance on budget justification materials describing funding requested for operation, sustainment, modernization, and personnel of major ranges and test facilities

(a)

Guidance on budget justification materials

The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller) and the Director of the Department of Defense Test Resource Management Center, shall issue guidance clarifying and standardizing the information required in budget justification materials describing amounts to be requested in the budget of the President for a fiscal year (as submitted to Congress pursuant to section 1105(a) of title 31, United States Code) for funding for each facility and resource of the Major Range and Test Facility Base in connection with each of the following:

(1)

Operation.

(2)

Sustainment.

(3)

Investment and modernization.

(4)

Government personnel.

(5)

Contractor personnel.

(b)

Applicability

The guidance issued under subsection (a) shall apply with respect to budgets of the President for fiscal years after fiscal year 2010.

(c)

Major Range and Test Facility Base defined

In this section, the term Major Range and Test Facility Base has the meaning given that term in section 196(h) of title 10, United States Code.

221.

Assessment of technological maturity and integration risk of Army modernization programs

(a)

Assessment required

The Director of Defense Research and Engineering shall, in consultation with the Director of Developmental Test and Evaluation, review and assess the technological maturity and integration risk of critical technologies (as jointly identified by the Director and the Secretary of the Army for purposes of this section) of Army modernization programs and appropriate associated systems and programs, including the programs as follows:

(1)

Ground Combat Vehicle.

(2)

Future Combat Systems network hardware and software.

(3)

Warfighter Information Network–Tactical, Increment 3.

(4)

Appropriate portions of the Joint Tactical Radio System, including Ground Mobile Radios, Handheld, Manpack, Small Form Fit Radios, and Network Enterprise Domain.

(5)

Non-Line of Sight Launch System.

(6)

Small Unmanned Ground Vehicle.

(7)

Class I Unmanned Aerial Vehicle.

(8)

Class IV Unmanned Aerial Vehicle.

(9)

Multifunction Utility/Logistics Equipment Vehicle.

(10)

Tactical Unattended Ground Sensors.

(11)

Urban Unattended Ground Sensors.

(12)

Any other programs jointly identified by the Director and the Secretary for purposes of this section.

(b)

Report

Not later than nine months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the technological maturity and integration risk of critical technologies of Army modernization programs and associated systems and programs covered by the review and assessment required under subsection (a), as determined pursuant to that assessment.

222.

Assessment of activities for technology modernization of the combat vehicle and armored tactical wheeled vehicle fleets

(a)

Independent assessment of strategy required

(1)

In general

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an appropriate entity independent of the United States Government to conduct an independent assessment of current, anticipated, and potential research, development, test, and evaluation activities for or applicable to the modernization of the combat vehicle fleet and armored tactical wheeled vehicle fleet of the Department of Defense.

(2)

Access to information and resources

The Secretary shall provide the entity with which the Secretary enters into a contract under paragraph (1) with access to such information and resources as are appropriate for the entity to conduct the assessment required by that paragraph.

(b)

Reports

(1)

In general

The contract required by subsection (a) shall provide that the entity with which the Secretary enters into a contract under that subsection shall submit to the Secretary and the congressional defense committees—

(A)

an interim report on the assessment required by that subsection by not later than July 31, 2010; and

(B)

a final report on such assessment by not later than December 31, 2010.

(2)

Elements

Each of the reports required by paragraph (1) shall include the following:

(A)

A detailed discussion of the requirements and capability needs identified or proposed for current and prospective combat vehicles and armored tactical wheeled vehicles.

(B)

An identification of capability gaps for combat vehicles and armored tactical wheeled vehicles based on lessons learned from recent conflicts and an assessment of emerging threats.

(C)

An identification of the critical technology elements or integration risks associated with particular categories of combat vehicles and armored tactical wheeled vehicles, and with particular missions of such vehicles.

(D)

Recommendations with respect to actions that could be taken to develop and deploy, during the ten-year period beginning on the date of the submittal of the report, critical technology capabilities to address the capability gaps identified pursuant to subparagraph (B), including an identification of high priority science and technology, research and engineering, and prototyping opportunities.

(E)

Such other matters as the Secretary considers appropriate.

C

Missile Defense Programs

231.

Sense of Congress on ballistic missile defense

It is the sense of Congress that—

(1)

the United States should develop, test, field, and maintain operationally-effective and cost-effective ballistic missile defense systems that are capable of defending the United States, its forward-deployed forces, allies, and other friendly nations from the threat of ballistic missile attacks from nations such as North Korea and Iran;

(2)

the missile defense force structure and inventory levels of such missile defense systems should be determined based on an assessment of ballistic missile threats and a determination by senior military leaders, combatant commanders, and defense officials of the requirements and capabilities needed to address those threats; and

(3)

the test and evaluation program for such missile defense systems should be operationally realistic and provide a high level of confidence in the capability of such systems (including their continuing effectiveness over the course of their service lives), and adequate resources should be available for that test and evaluation program (including interceptor missiles and targets for flight tests).

232.

Assessment and plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System

(a)

Sense of Congress

It is the sense of Congress that the Secretary of Defense should ensure the reliability, availability, maintainability, and supportability of the Ground-based Midcourse Defense element of the Ballistic Missile Defense system throughout the service life of such element.

(b)

Assessment required

(1)

In general

As part of the quadrennial defense review, the Nuclear Posture Review, and the Ballistic Missile Defense Review, the Secretary of Defense shall conduct an assessment of the following:

(A)

Ground-based Midcourse Defense element of the Ballistic Missile Defense system.

(B)

Future options for the Ground-based Midcourse Defense element.

(2)

Elements

The assessment required by paragraph (1) shall include an assessment of the following:

(A)

The ballistic missile threat against which the Ground-based Midcourse Defense element is intended to defend.

(B)

The military requirements for Ground-based Midcourse Defense capabilities against such missile threat.

(C)

The capabilities of the Ground-based Midcourse Defense element as of the date of the assessment.

(D)

The planned capabilities of the Ground-based Midcourse Defense element, if different from the capabilities under subparagraph (C).

(E)

The force structure and inventory levels necessary for the Ground-based Midcourse Defense element to achieve the planned capabilities of that element, including an analysis of the costs and the potential advantages and disadvantages of deploying 44 operational Ground-based Interceptor missiles.

(F)

The infrastructure necessary to achieve such capabilities, including the number and location of operational silos.

(G)

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.

(3)

Report

At or about the same time the budget of the President for fiscal year 2011 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense committees a report setting forth the results of the assessment required by paragraph (1). The report shall be in unclassified form, but may include a classified annex.

(c)

Plan required

(1)

In general

In addition to the assessment required by subsection (b), the Secretary shall establish a plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense system. The plan shall cover the period of the future-years defense program that is submitted to Congress under section 221 of title 10, United States Code, at or about the same time as the submittal to Congress of the budget of the President for fiscal year 2011.

(2)

Elements

The plan required by paragraph (1) shall include the following elements:

(A)

The schedule for achieving the planned capability of the Ground-based Midcourse Defense element, including the completion of operational silos, the delivery of operational Ground-Based Interceptors, and the deployment of such interceptors in those silos.

(B)

The plan for funding the development, production, deployment, testing, improvement, and sustainment of the Ground-based Midcourse Defense element.

(C)

The plan to maintain the operational effectiveness of the Ground-based Midcourse Defense element over the course of its service life, including any modernization or capability enhancement efforts, and any sustainment efforts.

(D)

The plan for flight testing the Ground-based Midcourse Defense element, including aging and surveillance tests to demonstrate the continuing effectiveness of the system over the course of its service life.

(E)

The plan for production of Ground-Based Interceptor missiles necessary for operational assets, developmental and operational test assets, aging and surveillance test assets, and spare missiles.

(3)

Report

At or about the same time the budget of the President for fiscal year 2011 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense committees a report setting forth the plan required by paragraph (1). The report shall be in unclassified form, but may include a classified annex.

(d)

Construction

Nothing in this section shall be construed as altering or revising the continued production of all Ground-Based Interceptor missiles on contract as of June 23, 2009.

(e)

Comptroller General review

The Comptroller General of the United States shall—

(1)

review the assessment required by subsection (b) and the plan required by subsection (c); and

(2)

not later than 120 days after receiving the assessment and the plan, provide to the congressional defense committees the results of the review.

233.

Continued production of Ground-based Interceptor missile and operation of Missile Field 1 at Fort Greely, Alaska

(a)

Limitation on break in production

The Secretary of Defense shall ensure that the Director of the Missile Defense Agency does not allow a break in production of the Ground-based Interceptor missile until the Secretary has—

(1)

completed the Ballistic Missile Defense Review;

(2)

made a determination with respect to the number of Ground-based Interceptor missiles that will be necessary to support the service life of the Ground-based Midcourse Defense element of the Ballistic Missile Defense System; and

(3)

submitted to the congressional defense committees a report containing such determination.

(b)

Limitation on certain actions with respect to Missile Field 1 and Missile Field 2 at Fort Greely, Alaska

(1)

Limitation on decommissioning of Missile Field 1

The Secretary of Defense shall ensure that Missile Field 1 at Fort Greely, Alaska, is not completely decommissioned until six silos are operationally available in Missile Field 2 at Fort Greely.

(2)

Limitation with respect to disposition of silos at Missile Field 2

The Secretary of Defense shall ensure that no irreversible decision is made with respect to the number of silos at Missile Field 2 at Fort Greely, Alaska, until the date that is 60 days after the date on which the reports required by subsections (b)(3) and (c)(3) of section 232 are submitted to the congressional defense committees.

234.

Limitation on availability of funds for acquisition or deployment of missile defenses in Europe

No funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2010 or any fiscal year thereafter may be obligated or expended for the acquisition (other than initial long-lead procurement) or deployment of operational missiles of a long-range missile defense system in Europe until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to the congressional defense committees a report certifying that the proposed interceptor to be deployed as part of such missile defense system has demonstrated, through successful, operationally realistic flight testing, a high probability of working in an operationally effective manner and that such missile defense system has the ability to accomplish the mission.

235.

Authorization of funds for development and deployment of alternative missile defense systems in Europe

(a)

Authorization of funds for alternative European missile defense systems

Of the funds authorized to be appropriated or otherwise made available for fiscal years 2009 and 2010 for the Missile Defense Agency for the purpose of developing missile defenses in Europe, $309,000,000 shall be available for research, development, test, and evaluation, procurement, or deployment of alternative missile defense systems or their subsystems designed to protect Europe, and the United States in the case of long-range missile threats, from the threats posed by current and future Iranian ballistic missiles of all ranges, if the Secretary of Defense submits to the congressional defense committees a report certifying that such systems are expected to be—

(1)

consistent with the direction from the North Atlantic Council to address ballistic missile threats to Europe and the United States in a prioritized manner that includes consideration of the imminence of the threat and the level of acceptable risk;

(2)

operationally-effective and cost-effective in providing protection for Europe, and the United States in the case of long-range missile threats, against current and future Iranian ballistic missile threats; and

(3)

interoperable, to the extent practical, with other components of missile defense and complementary to the missile defense strategy of the North Atlantic Treaty Organization.

(b)

Construction

Except as provided in subsection (a), nothing in this section shall be construed as limiting or preventing the Secretary of Defense from pursuing the development or deployment of operationally-effective and cost-effective ballistic missile defense systems in Europe.

(c)

Independent assessment

(1)

In general

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center to conduct an independent assessment evaluating the operational-effectiveness and cost-effectiveness of the alternative missile defense architecture announced by the President on September 17, 2009.

(2)

Report

Not later than June 1, 2010, the Secretary shall submit to the congressional defense committees a report on the independent assessment conducted under paragraph (1).

236.

Comprehensive plan for test and evaluation of the ballistic missile defense system

(a)

Plan required

(1)

In general

The Secretary of Defense shall establish a comprehensive plan for the developmental and operational testing and evaluation of the ballistic missile defense system and its various elements.

(2)

Period of plan

The plan shall cover the period covered by the future-years defense program that is submitted to Congress under section 221 of title 10, United States Code, at or about the same time as the submittal to Congress of the budget of the President for fiscal year 2011.

(3)

Input

In establishing the plan, the Secretary shall receive input on matters covered by the plan from the following:

(A)

The Director of the Missile Defense Agency.

(B)

The Director of Operational Test and Evaluation.

(C)

The operational test components of the military departments.

(b)

Elements

The plan required by subsection (a) shall include, with respect to developmental and operational testing of the ballistic missile defense system, the following:

(1)

Test and evaluation objectives.

(2)

Test and evaluation criteria and metrics.

(3)

Test and evaluation procedures and methodology.

(4)

Data requirements.

(5)

System and element configuration under test.

(6)

Approaches to verification, validation, and accreditation of models and simulations.

(7)

The relative role of models and simulations, ground tests, and flight tests in achieving the objectives of the plan.

(8)

Test infrastructure and resources, including test range limitations and potential range enhancements.

(9)

Test readiness review approaches and methodology.

(10)

Testing for system and element integration and interoperability.

(11)

Means for achieving operational realism and means of demonstrating operational effectiveness, suitability, and survivability.

(12)

Detailed descriptions of planned tests.

(13)

A description of the resources required to implement the plan.

(c)

Report

(1)

In general

Not later than March 1, 2010, the Secretary shall submit to the congressional defense committees a report setting forth and describing the plan required by subsection (a) and each of the elements required in the plan under subsection (b).

(2)

Additional information on ground-based midcourse defense

The report required by this subsection shall, in addition to the matters specified in paragraph (1), include a detailed description of the test and evaluation activities pertaining to the Ground-based Midcourse Defense element of the ballistic missile defense system as follows:

(A)

Plans for salvo testing.

(B)

Plans for multiple simultaneous engagement testing.

(C)

Plans for intercept testing using the Cobra Dane radar as the engagement sensor.

(D)

Plans to test and demonstrate the ability of the system to accomplish its mission over the planned term of its operational service life (also known as sustainment testing).

(3)

Form

The report required by this subsection shall be submitted in unclassified form, but may include a classified annex.

237.

Study on discrimination capabilities of ballistic missile defense system

(a)

Study

The Secretary of Defense shall enter into an arrangement with the JASON Defense Advisory Panel under which JASON shall carry out a study on the discrimination capabilities and limitations of the ballistic missile defense system of the United States, including such discrimination capabilities that exist or are planned as of the date of the study.

(b)

Report

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report containing the study.

(c)

Form

The report under subsection (b) may be submitted in classified form, but shall contain an unclassified summary.

238.

Ascent phase missile defense strategy and plan

(a)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing a strategy and plan for ascent phase missile defense.

(b)

Matters included

The report required by subsection (a) shall include each of the following:

(1)

A description of the programs and activities, as of the date of the submission of the report, contained in the program of record of the Missile Defense Agency that provide or are planned to provide a capability to intercept ballistic missiles in their ascent phase.

(2)

A description of the capabilities that are needed to accomplish the intercept of ballistic missiles in their ascent phase, including—

(A)

the key technologies and associated technology readiness levels, plans for maturing such technologies, and any technology demonstrations for such capabilities;

(B)

concepts of operation for how ascent phase capabilities would be employed, including the dependence of such capabilities on, and integration with, other functions, capabilities, and information, including those provided by other elements of the ballistic missile defense system;

(C)

the criteria to be used to assess the technical progress, suitability, and effectiveness of such capabilities;

(D)

a comprehensive plan for development of and investment in such capabilities, including an identification of specific program and technology investments to be made in such capabilities;

(E)

a description of how, and to what extent, ascent phase missile defense can leverage the capabilities and investments made in boost phase, midcourse, and any other layer or elements of the ballistic missile defense system;

(F)

a description of the benefits and limitations associated with ascent phase missile defense; and

(G)

any other information the Secretary determines necessary.

(c)

Form

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

239.

Extension of deadline for study on boost-phase missile defense

Section 232(c)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4392) is amended by striking October 31, 2010 and inserting March 1, 2011.

D

Reports

241.

Repeal of requirement for biennial joint warfighting science and technology plan

Section 270 of the National Defense Authorization Act for Fiscal Year 1997 (10 U.S.C. 2501 note) is repealed.

242.

Modification of reporting requirement for defense nanotechnology research and development program

Section 246 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 note) is amended by striking subsection (e) and inserting the following new subsection (e):

(e)

Reports

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the National Science and Technology Council information on the program that covers the information described in paragraphs (1) through (5) of section 2(d) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(d)) to be included in the annual report submitted by the Council under that section.

.

243.

Comptroller General assessment of coordination of energy storage device requirements, purchases, and investments

(a)

Assessment required

The Comptroller General shall conduct an assessment of the degree to which requirements, technology goals, and research and procurement investments in energy storage technologies are coordinated within and among the military departments, appropriate Defense Agencies, and other elements of the Department of Defense. In carrying out such assessment, the Comptroller General shall—

(1)

assess the expenses incurred by the Department of Defense in the research, development, testing, evaluation, and procurement of energy storage devices;

(2)

compare quantities of types of devices in use or under development that rely on commercial energy storage technologies and that use military-unique, proprietary, or specialty devices;

(3)

assess the process by which a determination is made by an acquisition official of the Department of Defense to pursue a commercially available or custom-made energy storage device;

(4)

assess the process used to develop requirements for the development and procurement of energy storage devices;

(5)

assess the coordination of the activities of the Department of Defense and the Department of Energy with respect to the research, development, procurement, and use of energy storage devices;

(6)

assess the coordination of Department of Defense-wide activities in energy storage device research, development, procurement, and use;

(7)

assess the process used to standardize the form, fit, and function of energy storage devices, and make recommendations with respect to how the Department should improve that process; and

(8)

assess whether there are commercial advances in portable power technology, including hybrid systems, fuel cells, and electrochemical capacitors, or other relevant technologies, that could be better leveraged by the Department.

(b)

Report

Not later than December 31, 2010, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the findings and recommendations of the Comptroller General with respect to the assessment conducted under subsection (a).

(c)

Coordination

In carrying out subsection (a), the Comptroller General shall coordinate with the Secretary of Energy and the heads of other appropriate Federal agencies.

244.

Annual Comptroller General report on the F–35 Lightning II aircraft acquisition program

(a)

Annual GAO review

The Comptroller General shall conduct an annual review of the F–35 Lightning II aircraft acquisition program and shall, not later than March 15 of each of 2010 through 2015, submit to the congressional defense committees a report on the results of the most recent review.

(b)

Matters to be included

Each report on the F–35 program under subsection (a) shall include each of the following:

(1)

The extent to which the acquisition program is meeting development and procurement cost, schedule, and performance goals.

(2)

The progress and results of developmental and operational testing and plans for correcting deficiencies in aircraft performance, operational effectiveness, and suitability.

(3)

Aircraft procurement plans, production results, and efforts to improve manufacturing efficiency and supplier performance.

245.

Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities

Of the amounts authorized to be appropriated in this Act for program element 11815F for advanced strategic programs, not more than 50 percent of such amounts may be obligated or expended until the date that is 30 days after the date on which the Under Secretary of Defense for Intelligence submits the report required under section 923(d)(1) of the National Defense Authorization Act for 2004 (Public Law 108–136; 117 Stat. 1576), including the elements of the report described in subparagraphs (D), (E), and (F) of such section 923(d)(1).

246.

Report on future research and development of man-portable and vehicle-mounted guided missile systems

(a)

Report

Not later than February 15, 2010, the Secretary of the Army shall submit to Congress a report on future research and development of man-portable and vehicle-mounted guided missile systems to replace the current Javelin and TOW systems. Such report shall include—

(1)

an examination of current requirements for anti-armor missile systems;

(2)

an analysis of battlefield uses other than anti-armor;

(3)

an analysis of changes required to the current Javelin and TOW systems to maximize effectiveness and lethality in situations other than anti-armor;

(4)

an analysis of the current family of Javelin and TOW warheads and a specific description of how they address threats other than armor;

(5)

an examination of the need for changes to current or development of additional warheads or a family of warheads to address threats other than armor;

(6)

a description of any missile system design changes required to integrate current missile systems with current manned ground systems;

(7)

a detailed and current analysis of the costs associated with the development of next-generation Javelin and TOW systems and additional warheads or family of warheads to address threats other than armor, integration costs for current vehicles, integration costs for future vehicles and possible efficiencies of developing and procuring these systems at low rate and full rate based on current system production; and

(8)

an analysis of the ability of the industrial base to support development and production of current and future Javelin and TOW systems.

(b)

Restriction on use of funds

Of the amounts authorized to be appropriated under this Act for research, test, development, and evaluation for the Army, for missile and rocket advanced technology (program element 0603313A), not more than 70 percent may be obligated or expended until the Secretary of the Army submits the report required by subsection (a).

247.

Report on the development of command and control systems

(a)

Report required

Not later than July 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report detailing the plans for the consolidation of the Net-Enabled Command Capability system (hereinafter in this section referred to as the NECC system) with the Global Command and Control System family of systems (hereinafter in this section referred to as the GCCS family of systems).

(b)

Elements

The report required by subsection (a) shall include each of the following:

(1)

A description of the level of investment needed to develop, sustain, and modernize the GCCS family of systems in order to meet military requirements.

(2)

A description of the actions needed to convert the GCCS family of systems to a services-oriented architecture, including a timeline and milestones.

(3)

An identification of the components, including modules and other technologies, developed under the NECC systems that can be implemented in the GCCS family of systems.

(4)

An identification of gaps in required capabilities not resident in the GCCS family of systems or provided by the NECC system.

(5)

An identification of any science and technology efforts or developing commercial capabilities that might address capability gaps identified pursuant to paragraph (4).

(6)

A description of the developmental and operational test plans for the GCCS family of systems, and resources programmed to support such plans.

(7)

A description of the GCCS family of systems management and governance plan structure, including—

(A)

organizations involved in program planning and execution;

(B)

the delegation of authorities for programmatic and technical issues in the development of the GCCS family of systems, including architecture design and control, and funding; and

(C)

the role of the command and control capabilities portfolio manager and the Office of Secretary of Defense oversight agencies.

(8)

Such other elements as the Secretary of Defense considers appropriate.

(c)

Coordination

The report required by subsection (a) shall be developed jointly by the Vice-Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Networks and Information Integration, the commander of the United States Joint Forces Command, the Director of Operational Test and Evaluation, and the Director of the Defense Information Systems Agency.

(d)

Interim report

Not later than March 1, 2010, the Secretary of Defense shall submit to the congressional defense committees an interim report on the activities carried out to prepare the report required by subsection (a) and the preliminary findings and recommendations of the Secretary with respect to the plans for the consolidation of the NECC system with the GCCS family of systems based on such activities.

(e)

Form

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

248.

Evaluation of Extended Range Modular Sniper Rifle Systems

(a)

In general

Not later than March 31, 2010, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology shall conduct a comparative evaluation of extended range modular sniper rifle systems, including .300 Winchester Magnum, .338 Lapua Magnum, and other calibers. The evaluation shall identify and demonstrate an integrated suite of technologies with capabilities that include—

(1)

extending the effective range of snipers;

(2)

meeting service or unit requirements or operational need statements; or

(3)

closing documented capability gaps.

(b)

Report

Not later than April 30, 2010, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the results of the evaluation required by subsection (a), including—

(1)

detailed ballistics and system performance data; and

(2)

an assessment of the operational capabilities of extended range modular sniper rifle systems to meet service or unit requirements or operational need statements or close documented capabilities gaps.

E

Other Matters

251.

Enhancement of duties of Director of Department of Defense Test Resource Management Center with respect to the Major Range and Test Facility Base

(a)

Authority To review proposals for significant changes

Section 196(c) of title 10, United States Code, is amended—

(1)

in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

(2)

by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;

(3)

by inserting (1) before The Director;

(4)

by redesignating subparagraphs (B), (C), and (D), as so redesignated, as subparagraphs (C), (D), and (E), respectively; and

(5)

by inserting after subparagraph (A), as so redesignated, the following new subparagraph (B):

(B)

To review proposed significant changes to the test and evaluation facilities and resources of the Major Range and Test Facility Base before they are implemented by the Secretaries of the military departments or the heads of the Defense Agencies with test and evaluation responsibilities and advise the Secretary of Defense and the Under Secretary of Acquisition, Technology, and Logistics of the impact of such changes on the adequacy of such test and evaluation facilities and resources to meet the test and evaluation requirements of the Department.

.

(b)

Access to records and data

Such section is further amended by adding at the end the following new paragraph:

(2)

The Director shall have access to such records and data of the Department of Defense (including the appropriate records and data of each military department and Defense Agency) that are necessary in order to carry out the duties of the Director under this section.

.

252.

Establishment of program to enhance participation of historically black colleges and universities and minority-serving institutions in defense research programs

(a)

Program established

Chapter 139 of title 10, United States Code, is amended by inserting after section 2361 the following new section:

2362.

Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education

(a)

Program established

The Secretary of Defense, acting through the Director of Defense Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department in defense-related research, development, testing, and evaluation activities.

(b)

Program objective

The objective of the program established under subsection (a) is to enhance defense-related research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to—

(1)

enhance the research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary;

(2)

encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense;

(3)

increase the number of graduates from such institutions engaged in disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and

(4)

encourage research and educational collaborations between such institutions and other institutions of higher education, Government defense organizations, and the defense industry.

(c)

Assistance provided

Under the program established by subsection (a), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including any of the following:

(1)

Support for research, development, testing, evaluation, or educational enhancements in areas important to national defense through the competitive awarding of grants, cooperative agreements, contracts, scholarships, fellowships, or the acquisition of research equipment or instrumentation.

(2)

Support to assist in the attraction and retention of faculty in scientific disciplines important to the national security functions of the Department of Defense.

(3)

Establishing partnerships between such institutions and defense laboratories, Government defense organizations, the defense industry, and other institutions of higher education in research, development, testing, and evaluation in areas important to the national security functions of the Department of Defense.

(4)

Other such non-monetary assistance as the Secretary finds appropriate to enhance defense-related research, development, testing, and evaluation activities at such institutions.

(d)

Priority for funding

The Secretary of Defense may establish procedures under which the Secretary may give priority in providing funding under this section to institutions that have not otherwise received a significant amount of funding from the Department of Defense for research, development, testing, and evaluation programs supporting the national security functions of the Department.

(e)

Definition of covered educational institution

In this section the term covered educational institution means—

(1)

an institution of higher education eligible for assistance under title III or IV of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.); or

(2)

an accredited postsecondary minority institution.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2361 the following new item:

2362. Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education.

.

253.

Extension of authority to award prizes for advanced technology achievements

Subsection (f) of section 2374a of title 10, United States Code, is amended by striking September 30, 2010 and inserting September 30, 2013.

254.

Authority for National Aeronautics and Space Administration federally funded research and development centers to participate in merit-based technology research and development programs

Section 217(f)(1) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat 2695), as amended by section 3136 of the National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261), is amended—

(1)

in subparagraph (A) by inserting , of the National Aeronautics and Space Administration, after the Department of Defense; and

(2)

by adding at the end the following new subparagraph (C):

(C)

A federally funded research and development center of the National Aeronautics and Space Administration that functions primarily as a research laboratory may respond to broad agency announcements under programs authorized by the Federal Government for the purpose of promoting the research, development, demonstration, or transfer of technology in a manner consistent with the terms and conditions of such program.

.

255.

Next generation bomber aircraft

(a)

Findings

Congress makes the following findings:

(1)

Long-range strike is a critical mission in which the United States needs to retain a credible and dominant capability.

(2)

Long range, penetrating strike systems provide—

(A)

a hedge against being unable to obtain access to forward bases for political reasons;

(B)

a capacity to respond quickly to contingencies;

(C)

the ability to base outside the reach of emerging adversary anti-access and area-denial capabilities; and

(D)

the ability to impose disproportionate defensive costs on prospective adversaries of the United States.

(3)

The 2006 quadrennial defense review found that there was a requirement for a next generation bomber aircraft and directed the United States Air Force to develop a new land-based, penetrating long range strike capability to be fielded by 2018.

(4)

On April 6, 2009, Secretary of Defense Robert Gates announced that the United States will not pursue a development program for a follow-on Air Force bomber until we have a better understanding of the need, the requirement and the technology.

(5)

On May 7, 2009, President Barack Obama announced the termination of the next generation bomber aircraft program in the document of the Office of Management and Budget entitled Terminations, Reductions, and Savings, stating that there is no urgent need to begin an expensive development program for a new bomber and that the future bomber fleet may not be affordable over the next six years.

(6)

The United States will need a new long-range strike capability because the conflicts of the future will likely feature heavily defended airspace, due in large part to the proliferation of relatively inexpensive, but sophisticated and deadly, air defense systems.

(7)

General Michael Maples, the Director of the Defense Intelligence Agency, noted during a March 10, 2009, hearing of the Committee on Armed Services of the Senate on worldwide threats that Russia, quite frankly, is the developer of most of those [advanced air defense] systems and is exporting those systems both to China and to other countries in the world.

(8)

The Final Report of the Congressional Commission on the Strategic Posture of the United States, submitted to Congress on May 6, 2009, states that [t]he bomber force is valuable particularly for extending deterrence in time of crisis, as their deployment is visible and signals U.S. commitment. Bombers also impose a significant cost burden on potential adversaries in terms of the need to invest in advanced air defenses.

(9)

The commanders of the United States Pacific Command, the United States Strategic Command, and the United States Joint Forces Command have each testified before the Committee on Armed Services of the Senate in support of the capability that the next generation bomber aircraft would provide.

(10)

On June 17, 2009, General James Cartwright, Vice-Chairman of the Joint Chiefs of Staff and chair of the Joint Requirements Oversight Council, stated during a hearing before the Committee on Armed Services of the Senate that the nation needs a new bomber.

(11)

Nearly half of the United States bomber aircraft inventory (47 percent) pre-dates the Cuban Missile Crisis.

(12)

The only air-breathing strike platforms the United States possesses today with reach and survivability to have a chance of successfully executing missions more than 1,000 nautical miles into enemy territory from the last air-to-air refueling are 16 combat ready B-2 bomber aircraft.

(13)

The B-2 bomber aircraft was designed in the 1980s and achieved initial operational capability over a decade ago.

(14)

The crash of an operational B-2 bomber aircraft during takeoff at Guam in early 2008 indicates that attrition can and does occur even in peacetime.

(15)

The primary mission requirement of the next generation bomber aircraft is the ability to strike targets anywhere on the globe with whatever weapons the contingency requires.

(16)

The requisite aerodynamic, structural, and low-observable technologies to develop the next generation bomber aircraft already exist in fifth-generation fighter aircraft.

(b)

Policy on continued development of next generation bomber aircraft in fiscal year 2010

It is the policy of the United States to support a development program for next generation bomber aircraft technologies.

III

OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Relation to funding table.

Subtitle B—Environmental Provisions

Sec. 311. Clarification of requirement for use of available funds for Department of Defense participation in conservation banking programs.

Sec. 312. Reauthorization of title I of Sikes Act.

Sec. 313. Authority of Secretary of a military department to enter into interagency agreements for land management on Department of Defense installations.

Sec. 314. Reauthorization of pilot program for invasive species management for military installations in Guam.

Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in connection with the Former Nansemond Ordnance Depot Site, Suffolk, Virginia.

Sec. 316. Procurement and use of munitions.

Sec. 317. Prohibition on disposing of waste in open-air burn pits.

Sec. 318. Military munitions response sites.

Subtitle C—Workplace and Depot Issues

Sec. 321. Public-private competition required before conversion of any Department of Defense function performed by civilian employees to contractor performance.

Sec. 322. Time limitation on duration of public-private competitions.

Sec. 323. Policy regarding installation of major modifications and upgrades.

Sec. 324. Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities.

Sec. 325. Temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by a contractor.

Sec. 326. Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor.

Sec. 327. Amendments to bid protest procedures by Federal employees and agency officials in conversions of functions from performance by Federal employees to performance by a contractor.

Sec. 328. Improvement of inventory management practices.

Sec. 329. Modification of date for submittal to Congress of annual report on funding for public and private performance of depot-level maintenance and repair workloads.

Subtitle D—Energy Security

Sec. 331. Authorization of appropriations for Director of Operational Energy.

Sec. 332. Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs.

Sec. 333. Report on implementation of Comptroller General recommendations on fuel demand management at forward-deployed locations.

Sec. 334. Report on use of renewable fuels to meet energy requirements of Department of Defense.

Sec. 335. Energy security on Department of Defense installations.

Subtitle E—Reports

Sec. 341. Annual report on procurement of military working dogs.

Sec. 342. Plan for managing vegetative encroachment at training ranges.

Sec. 343. Comptroller General report on the sustainment strategy for the AV-8B Harrier aircraft.

Sec. 344. Study on Army modularity.

Subtitle F—Other Matters

Sec. 351. Authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes.

Sec. 352. Policy on ground combat and camouflage utility uniforms.

Sec. 353. Condition-based maintenance demonstration programs.

Sec. 354. Extension of arsenal support program initiative.

A

Authorization of Appropriations

301.

Operation and maintenance funding

Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

(1)

For the Army, $31,263,332,000.

(2)

For the Navy, $35,041,274,000.

(3)

For the Marine Corps, $5,543,223,000.

(4)

For the Air Force, $34,527,149,000.

(5)

For Defense-wide activities, $28,327,396,000.

(6)

For the Army Reserve, $2,620,196,000.

(7)

For the Naval Reserve, $1,278,501,000.

(8)

For the Marine Corps Reserve, $228,925,000.

(9)

For the Air Force Reserve, $3,079,228,000.

(10)

For the Army National Guard, $6,262,184,000.

(11)

For the Air National Guard, $5,885,761,000.

(12)

For the United States Court of Appeals for the Armed Forces, $13,932,000.

(13)

For the Acquisition Development Workforce Fund, $100,000,000.

(14)

For Environmental Restoration, Army, $415,864,000.

(15)

For Environmental Restoration, Navy, $285,869,000.

(16)

For Environmental Restoration, Air Force, $494,276,000.

(17)

For Environmental Restoration, Defense-wide, $11,000,000.

(18)

For Environmental Restoration, Formerly Used Defense Sites, $267,700,000.

(19)

For Overseas Humanitarian, Disaster, and Civic Aid programs, $109,869,000.

(20)

For Cooperative Threat Reduction programs, $424,093,000.

302.

Relation to funding table

The amounts authorized to be appropriated by section 301 shall be available, in accordance with the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 4301.

B

Environmental Provisions

311.

Clarification of requirement for use of available funds for Department of Defense participation in conservation banking programs

Section 2694c of title 10, United States Code, is amended—

(1)

in subsection (a), by striking to carry out this section;

(2)

by redesignating subsection (d) as subsection (e); and

(3)

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

(d)

Source of funds

Amounts available from any of the following shall be available for activities under this section:

(1)

Operation and maintenance.

(2)

Military construction.

(3)

Research, development, test, and evaluation.

(4)

The Support for United States Relocation to Guam Account established under section 2824 of the Military Construction Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4730; 10 U.S.C. 2687 note).

.

312.

Reauthorization of title I of Sikes Act

(a)

Reauthorization

Section 108 of the Sikes Act (16 U.S.C. 670f) is amended by striking fiscal years 2004 through 2008 each place it appears and inserting fiscal years 2009 through 2014.

(b)

Clarification of authorizations

Such section is further amended—

(1)

in subsection (b), by striking There are authorized and inserting Of the amounts authorized to be appropriated to the Department of Defense, there are authorized; and

(2)

in subsection (c), by striking There are authorized and inserting Of the amounts authorized to be appropriated to the Department of the Interior, there are authorized.

313.

Authority of Secretary of a military department to enter into interagency agreements for land management on Department of Defense installations

(a)

Authority

Section 103a of the Sikes Act (16 U.S.C. 670c–1) is amended—

(1)

in subsection (a)—

(A)

by inserting after and individuals the following: , and into interagency agreements with the heads of other Federal departments and agencies, ; and

(B)

in paragraph (2), by inserting or interagency agreement after cooperative agreement;

(2)

in subsection (b), by inserting or interagency agreement after cooperative agreement; and

(3)

in subsection (c), by inserting and interagency agreements after Cooperative agreements.

(b)

Clerical amendments

The heading for such section is amended by inserting and interagency after Cooperative.

314.

Reauthorization of pilot program for invasive species management for military installations in Guam

Section 101(g)(1) of the Sikes Act (16 U.S.C. 670a(g)(1)) is amended by striking fiscal years 2004 through 2008 and inserting fiscal years 2009 through 2014.

315.

Reimbursement of Environmental Protection Agency for certain costs in connection with the Former Nansemond Ordnance Depot Site, Suffolk, Virginia

(a)

Authority to reimburse

(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 $68,623 during fiscal year 2010 to the Former Nansemond Ordnance Depot Site Special Account, within the Hazardous Substance Superfund.

(2)

Purpose of reimbursement

The payment under paragraph (1) is final payment to reimburse the Environmental Protection Agency for all costs incurred in overseeing a time critical removal action performed by the Department of Defense under the Defense Environmental Restoration Program for ordnance and explosive safety hazards at the Former Nansemond Ordnance Depot Site, Suffolk, Virginia.

(3)

Interagency agreement

The reimbursement described in paragraph (2) is provided for in an interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Former Nansemond Ordnance Depot Site in December 1999.

(b)

Source of funds

Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(18) of this Act for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites.

(c)

Use of funds

The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the agency at the Former Nansemond Ordnance Depot Site.

316.

Procurement and use of munitions

The Secretary of Defense shall—

(1)

in making decisions with respect to the procurement of munitions, develop methods to account for the full life-cycle costs of munitions, including the effects of failure rates on the cost of disposal;

(2)

undertake a review of live-fire practices for the purpose of reducing unexploded ordnance and munitions-constituent contamination without impeding military readiness; and

(3)

not later than 180 days after the date of the enactment of this Act, submit to Congress a report on the methods developed pursuant to this section and the progress of the live-fire review and recommendations for reducing the life-cycle costs of munitions, unexploded ordnance, and munitions-constituent contamination.

317.

Prohibition on disposing of waste in open-air burn pits

(a)

Regulations

(1)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations prohibiting the disposal of covered waste in open-air burn pits during contingency operations except in circumstances in which the Secretary determines that no alternative disposal method is feasible. Such regulations shall apply to contingency operations that are ongoing as of the date of the enactment of this Act, including Operation Iraqi Freedom and Operation Enduring Freedom, and to contingency operations that begin after the date of the enactment of this Act.

(2)

Notification

In determining that no alternative disposal method is feasible for an open-air burn pit pursuant to regulations prescribed under paragraph (1), the Secretary shall—

(A)

not later than 30 days after such determination is made, submit to the Committees on Armed Services of the Senate and House of Representatives notice of such determination, including the circumstances, reasoning, and methodology that led to such determination; and

(B)

after notice is given under subparagraph (A), for each subsequent 180-day-period during which covered waste is disposed of in the open-air burn pit covered by such notice, submit to the Committees on Armed Services of the Senate and House of Representatives the justifications of the Secretary for continuing to operate such open-air burn pit.

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of open-air burn pits by the United States Armed Forces. Such report shall include—

(1)

an explanation of the situations and circumstances under which open-air burn pits are used to dispose of waste during military exercises and operations worldwide;

(2)

a detailed description of the types of waste authorized to be burned in open-air burn pits;

(3)

a plan through which the Secretary intends to develop and implement alternatives to the use of open-air burn pits;

(4)

a copy of the regulations required to be prescribed by subsection (a);

(5)

the health and environmental compliance standards the Secretary has established for military and contractor operations in Iraq and Afghanistan with regard to solid waste disposal, including an assessment of whether those standards are being met;

(6)

a description of the environmental, health, and operational impacts of open-pit burning of plastics and the feasibility of including plastics in the regulations prescribed pursuant to subsection (a); and

(7)

an assessment of the ability of existing medical surveillance programs to identify and track exposures to toxic substances that result from open-air burn pits, including recommendations for such changes to such programs as would be required to more accurately identify and track such exposures.

(c)

Definitions

In this section:

(1)

The term contingency operation has the meaning given that term by section 101(a)(13) of title 10, United States Code.

(2)

The term covered waste includes—

(A)

hazardous waste, as defined by section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5));

(B)

medical waste; and

(C)

other waste as designated by the Secretary.

318.

Military munitions response sites

(a)

Information sharing

Section 2710(a)(2)(B) of title 10, United States Code, is amended by inserting , including the county, where applicable, after political subdivisions of the State.

(b)

Military Munitions Response Program and Installation Restoration Program

As part of the annual budget submission of the Secretary of Defense to Congress, the Secretary shall include the funding levels requested for the Military Munitions Response Program and the Installation Restoration Program.

C

Workplace and Depot Issues

321.

Public-private competition required before conversion of any Department of Defense function performed by civilian employees to contractor performance

(a)

Requirement

Paragraph (1) of section 2461(a) of title 10, United States Code, is amended—

(1)

by striking A function and inserting No function;

(2)

by striking 10 or more; and

(3)

by striking may not be converted and inserting may be converted.

(b)

Effective date

The amendments made by subsection (a) shall apply with respect to a function for which a public-private competition is commenced on or after the date of the enactment of this Act.

322.

Time limitation on duration of public-private competitions

(a)

Time limitation

Section 2461(a) of title 10, United States Code, as amended by section 321, is further amended by adding at the end the following new paragraph:

(5)
(A)

Except as provided in subparagraph (B), the duration of a public-private competition conducted pursuant to Office of Management and Budget Circular A-76 or any other provision of law for any function of the Department of Defense performed by Department of Defense civilian employees may not exceed a period of 24 months, commencing on the date on which the preliminary planning for the public-private competition begins and ending on the date on which a performance decision is rendered with respect to the function.

(B)
(i)

The Secretary of Defense may specify an alternative period of time for a public-private competition, which may not exceed 33 months, if the Secretary—

(I)

determines that the competition is of such complexity that it cannot be completed within 24 months; and

(II)

submits to Congress, as part of the formal congressional notification of a public-private competition pursuant to subsection (c), written notification that explains the basis of such determination.

(ii)

The notification under clause (i)(II) shall also address each of the following:

(I)

Any efforts of the Secretary to break up the study geographically or functionally.

(II)

The Secretary’s justification for undertaking a public-private competition instead of using internal reengineering alternatives.

(III)

The cost savings that the Secretary expects to achieve as a result of the public-private competition.

(iii)

If the Secretary specifies an alternative time period under this subparagraph, the alternative time period shall be binding on the Department in the same manner and to the same extent as the limitation provided in subparagraph (A).

(C)

The time period specified in subparagraph (A) for a public-private competition does not include any day during which the public-private competition is delayed by reason of the filing of a protest before the Government Accountability Office or a complaint in the United States Court of Federal Claims up until the day the decision or recommendation of either authority becomes final. In the case of a protest before the Government Accountability Office, the recommendation becomes final after the period of time for filing a request for reconsideration, or if a request for reconsideration is filed, on the day the Government Accountability Office issues a decision on the reconsideration.

(D)

If a protest with respect to a public-private competition before the Government Accountability Office or the United States Court of Federal Claims is sustained, and the recommendation is final as described in subparagraph (C), and if such protest and recommendation result in an unforeseen delay in implementing a final performance decision, the Secretary of Defense may terminate the public-private competition or extend the period of time specified for the public-private competition under subparagraph (A) or subparagraph (B). If the Secretary decides not to terminate a competition, the Secretary shall submit to Congress written notice of such decision. Any such notification shall include a justification for the Secretary’s decision and a new time limitation for the competition, which shall not exceed 12 months from the final decision and shall be binding on the Department.

(E)

For the purposes of this paragraph, preliminary planning with respect to a public-private competition, begins on the date on which the Department of Defense obligates funds for the acquisition of contract support, or formally assigns Department of Defense personnel, to carry out any of the following activities:

(i)

Determining the scope of the competition.

(ii)

Conducting research to determine the appropriate grouping of functions for the competition.

(iii)

Assessing the availability of workload data, quantifiable outputs of functions, and agency or industry performance standards applicable to the competition.

(iv)

Determining the baseline cost of any function for which the competition is conducted.

(F)

To effectively establish the date that is the first day of preliminary planning for a public-private competition, the head of a military department shall submit to Congress written notice of such date and shall provide public notice by announcing such date on an appropriate Internet website. Such date is the first day of preliminary planning for a public-private competition for the purpose of computing the duration of the public private competition for purposes of this section.

(G)

The Secretary of Defense shall submit to the congressional defense committees an annual report on the use, during the year covered by the report, of alternative time periods for public-private competitions under this section, and the explanations of the Secretary for such alternative time periods.

(b)

Effective date

Paragraph (5) of section 2461(a) of title 10, United States Code, as added by subsection (a), shall apply with respect to a public-private competition covered by such section that is initiated on or after the date of the enactment of this Act.

(c)

Comptroller General reviews

Not later than two years after the date of the enactment of this Act, and three years thereafter, the Comptroller General shall submit to the congressional defense committees a report on the use by the Secretary of Defense of the alternative time period authority under section 2461(a)(5)(B) of title 10, United States Code, and the appropriateness and thoroughness of the explanations of the Secretary for such use.

323.

Policy regarding installation of major modifications and upgrades

It is the Sense of Congress that no changes should be made to—

(1)

the policy of the Department of Defense that in the annual allocation of depot-level maintenance and repair required under section 2466 of title 10, United States Code, the installation of major modifications and upgrades are considered to be part of the definition of depot-level maintenance; and

(2)

the interpretation and application of that policy as of the date of the enactment of this Act.

324.

Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities

(a)

Clarification of authority to enter into cooperative agreements

The second sentence of section 4544(a) of title 10, United States Code, as added by section 328(a)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 66), is amended by inserting after not more than eight contracts or cooperative agreements the following: in addition to the contracts and cooperative agreements in place as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181).

(b)

Additional elements required for analysis of use of authority

Section 328(b)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 67) is amended—

(1)

by striking a report assessing the advisability and inserting the following: “a report—

(A)

assessing the advisability

; and

(2)

by striking pursuant to such authority. and inserting the following: “pursuant to such authority;

(B)

assessing the benefit to the Federal Government of using such authority;

(C)

assessing the impact of the use of such authority on the availability of facilities needed by the Army and on the private sector; and

(D)

describing the steps taken to comply with the requirements under section 4544(g) of title 10, United States Code.

.

325.

Temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by a contractor

(a)

Temporary suspension

During the period beginning on the date of the enactment of this Act and ending on the date that is 30 days after the date on which the Secretary of Defense submits to the congressional defense committees the certification required under subsection (d), no study or competition regarding a public-private competition for the conversion to performance by a contractor for any function performed by Department of Defense civilian employees may be begun or announced pursuant to 2461 of title 10, United States Code, or otherwise pursuant to Office of Management and Budget Circular A-76.

(b)

Review and report to Congress

During fiscal year 2010, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel Readiness, in consultation with the Under Secretary for Acquisition, Technology, and Logistics and the Comptroller of the Department of Defense, shall undertake a comprehensive review of the policies of the Department of Defense with respect to the conduct of public-private competitions. The Secretary shall submit to the congressional defense committees a report on such review not earlier than June 15, 2010. The review, at a minimum, shall address—

(1)

the status of the compliance of the Department with the requirement of 2461(a)(1) of title 10, United States Code, as amended by section 321 of this Act;

(2)

actions taken by the Secretary to address issues raised in the report of the Department of Defense Inspector General numbered D-2009-034 and dated December 15, 2008;

(3)

the reliability of systems in effect as of the date of the enactment of this Act to provide comprehensive and reliable data to track and assess the cost and quality of the performance of functions that have been subjected to a public-private competition;

(4)

the appropriateness of the cost differential in effect as of the date of the enactment of this Act for determining the quantifiable costs and the current overhead rates applied with respect to such functions; and

(5)

the adequacy of the policies of the Department of Defense in implementing the requirements of section 2461(a)(4) of title 10, United States Code.

(c)

Comptroller general review

Not later than 90 days after the date on which the report required under subsection (b) is submitted to the congressional defense committees, the Comptroller General shall conduct an assessment of the review required under paragraph (b) and shall submit to the congressional defense committees a report on the findings of such assessment and any conclusions or recommendations of the Comptroller General based on such assessment.

(d)

Certification required

The Secretary of Defense shall publish in the Federal Register and submit to the congressional defense committees certification that—

(1)

the review required by subsection (b) has been completed, and that the 90-day period during which the assessment of the Comptroller General is to be completed under subsection (c) has expired;

(2)

the Secretary of Defense has completed and submitted to the congressional defense committees a complete inventory of contracts for services for or on behalf of the Department in compliance with the requirements of subsection (c) of section 2330a of title 10, United States Code;

(3)

the Secretary of each military department and the head of each Defense Agency responsible for activities in the inventory has initiated the review and planning activities of subsection (e) of such section; and

(4)

the Secretary of Defense has submitted budget information on contract services in compliance with the requirements of section 236 of title 10, United States Code.

326.

Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor

The Administrator for Federal Procurement Policy shall revise the Federal Acquisition Regulation to allow for debriefings of Federal employee representatives designated pursuant to 3551(2)(B) of title 31, United States Code, to the same extent and under the same circumstances as any offeror, in the case of a conversion of any function from performance by Federal employees to performance by a contractor. Such debriefings will conform to the requirements of section 2305(b)(6)(A) of title 10, United States Code, section 303B(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b(f)), and subparts 15.505 and 15.506 (as in effect on the date of the enactment of this Act ) of the Federal Acquisition Regulation.

327.

Amendments to bid protest procedures by Federal employees and agency officials in conversions of functions from performance by Federal employees to performance by a contractor

(a)

Protest jurisdiction of the Comptroller General

Section 3551(1) of title 31, United States Code, is amended by adding at the end the following new subparagraph:

(E)

Conversion of a function that is being performed by Federal employees to private sector performance.

.

(b)

Eligibility to protest public-private competitions

Clause (i) of paragraph (2)(B) of section 3551 of title 31, United States Code, is amended to read as follows:

(i)

any official who is responsible for submitting the agency tender in such competition; and

.

(c)

Decisions on protests

Section 3554(b) of title 31, United States Code, is amended—

(1)

by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively;

(2)

by inserting after subparagraph (B) the following new subparagraph (C):

(C)

cancel the solicitation issued pursuant to the public-private competition conducted under Office of Management and Budget Circular A–76 or any successor circular;

; and

(3)

in subparagraph (G), as redesignated by paragraph (1), by striking , and (E) and inserting , (E), and (F).

(d)

Applicability

The amendments made by this section shall apply—

(1)

to any protest or civil action that relates to a public-private competition conducted after the date of the enactment of this Act under Office of Management and Budget Circular A–76, or any successor circular; and

(2)

to a decision made after the date of the enactment of this Act to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76.

328.

Improvement of inventory management practices

(a)

Inventory management practices improvement plan required

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for improving the inventory management systems of the military departments and the Defense Logistics Agency with the objective of reducing the acquisition and storage of secondary inventory that is excess to requirements.

(b)

Elements

The plan under subsection (a) shall include the following:

(1)

A plan for a comprehensive review of demand-forecasting procedures to identify and correct any systematic weaknesses in such procedures, including the development of metrics to identify bias toward over-forecasting and adjust forecasting methods accordingly.

(2)

A plan to accelerate the efforts of the Department of Defense to achieve total asset visibility, including efforts to link wholesale and retail inventory levels through multi-echelon modeling.

(3)

A plan to reduce the average level of on-order secondary inventory that is excess to requirements, including a requirement for the systemic review of such inventory for possible contract termination.

(4)

A plan for the review and validation of methods used by the military departments and the Defense Logistics Agency to establish economic retention requirements.

(5)

A plan for an independent review of methods used by the military departments and the Defense Logistics Agency to establish contingency retention requirements.

(6)

A plan to identify items stored in secondary inventory that require substantial amounts of storage space and shift such items, where practicable, to direct vendor delivery.

(7)

A plan for a comprehensive assessment of inventory items on hand that have no recurring demands, including the development of—

(A)

metrics to track years of no demand for items in stock; and

(B)

procedures for ensuring the systemic review of such items for potential reutilization or disposal.

(8)

A plan to more aggressively pursue disposal reviews and actions on stocks identified for potential reutilization or disposal.

(c)

GAO reports

(1)

Assessment of plan

Not later than 60 days after the date on which the plan required by subsection (a) is submitted as specified in that subsection, the Comptroller General shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the plan meets the requirements of this section.

(2)

Assessment of implementation

Not later than 18 months after the date on which the plan required by subsection (a) is submitted, the Comptroller General shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the plan has been effectively implemented by each military department and by the Defense Logistics Agency.

(d)

Inventory that is excess to requirements defined

In this section, the term inventory that is excess to requirements means inventory that—

(1)

is excess to the approved acquisition objective concerned; and

(2)

is not needed for the purposes of economic retention or contingency retention.

329.

Modification of date for submittal to Congress of annual report on funding for public and private performance of depot-level maintenance and repair workloads

Section 2466(d)(1) of title 10, United States Code, is amended by striking April 1 of each year and inserting 90 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31.

D

Energy Security

331.

Authorization of appropriations for Director of Operational Energy

Of the amounts authorized to be appropriated for Operation and Maintenance, Defense-wide, $5,000,000 is for the Director of Operational Energy Plans and Programs to carry out the duties prescribed for the Director under section 139b of title 10, United States Code, to be made available upon the confirmation of an individual to serve as the Director of Operational Energy Plans and Programs.

332.

Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs

(a)

New reporting requirements

Section 2925(a) of title 10, United States Code, is amended—

(1)

in paragraph (1), by inserting after (Public Law 109-58), the following: section 2911(e) of this title, section 533 of the National Energy Conservation Policy Act (42 U.S.C. 8259b),;

(2)

by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively;

(3)

by inserting after paragraph (1) the following new paragraphs (2) and (3):

(2)

A table detailing funding, by account, for all energy projects funded through appropriations.

(3)

A table listing all energy projects financed through third party financing mechanisms (including energy savings performance contracts, enhanced use leases, utility energy service contracts, utility privatization agreements, and other contractual mechanisms), the duration of each such mechanism, an estimate of the financial obligation incurred through the duration of each such mechanism, and the estimated payback period for each such mechanism.

; and

(4)

by adding at the end the following new paragraphs:

(9)

A description of steps taken to determine best practices for measuring energy consumption in Department of Defense facilities and installations, in order to use the data for better energy management.

(10)

A description of any other issues and strategies the Secretary determines relevant to a comprehensive and renewable energy policy.

.

(b)

Additional material required for first expanded report

The first report submitted by the Secretary of Defense under section 2925(a) of title 10, United States Code, as amended by subsection (a), after the date of the enactment of this Act shall include, in addition to the matters required under such section, as so amended, the following:

(1)

A determination of whether the tools that exist as of the date of the enactment of this Act, including the Energy Conservation Investment Program and the Energy Savings Performance Contracts Program, are sufficient to support renewable energy projects to achieve the Department’s installation energy goals, or if new funding mechanisms would be beneficial.

(2)

A determination of the cost and feasibility of a policy that would require new power generation projects established on installations to be able to switch to provide power for military operations in the event of a commercial grid outage.

(3)

An assessment of the extent to which State and regional laws and regulations and market structures provide opportunities or obstacles to establish renewable energy projects on military installations.

(4)

A determination of the cost and feasibility of developing or acquiring equipment or systems that would result in maximized use of renewable energy sources at contingency locations.

(5)

An assessment of the feasibility of meeting the Department's renewable energy goals with on-base renewable energy production rather than with renewable energy credits.

(6)

An analysis of the percentage of new construction projects subject to the Department’s current building construction sustainable design standards (Leadership in Energy and Environmental Design standards) that include a renewable energy component, and a determination as to whether the criteria of the Department’s design standards, as in effect on the date of the enactment of this Act, are consistent with the overall goals, including renewable energy goals, of the Secretary.

(7)

The feasibility and cost of developing net-zero energy installations and a detailed assessment, by installation, of power production (including renewable energy) measured against energy consumption.

(8)

A determination of whether a dedicated funding mechanism for renewable energy projects for stand-alone facilities, including National Guard and Reserve centers, would encourage greater use of renewable energy sources both at existing facilities and in new construction.

(c)

Comptroller General review

Not later than 180 days after the date on which the Secretary of Defense submits the supplemental report required under subsection (b), the Comptroller General shall review the supplemental report and submit to Congress a report on such review. The Comptroller General may conduct such independent analysis of any issues covered by such supplemental report, as necessary in furtherance of the requirements of this section.

333.

Report on implementation of Comptroller General recommendations on fuel demand management at forward-deployed locations

Not later than February 1, 2010, the Director of Operational Energy Plans and Programs of the Department of Defense (or, in the event that no individual has been confirmed as the Director, the Secretary of Defense) shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on any specific actions that have been taken to implement the following three recommendations made by the Comptroller General:

(1)

The recommendation that each of the combatant commanders establish requirements for managing fuel demand at forward-deployed locations within their respective areas of responsibility.

(2)

The recommendation that the head of each military department develop guidance to implement such requirements.

(3)

The recommendation that the Chairman of the Joint Chiefs of Staff require that fuel demand considerations be incorporated into the Joint Staff’s initiative to develop joint standards of life support at forward-deployed locations.

334.

Report on use of renewable fuels to meet energy requirements of Department of Defense

Not later than February 1, 2010, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use and potential use of renewable fuels in meeting the energy requirements of the Department of Defense. Such report shall include each of the following:

(1)

An assessment of the use of renewable fuels, including domestically produced algae-based, biodiesel, and biomass-derived fuels, as alternative fuels in aviation, maritime, and ground transportation fleets (including tactical vehicles and applications). Such assessment shall include technical, logistical, and policy considerations.

(2)

An assessment of whether it would be beneficial to establish a renewable fuel commodity class that is distinct from petroleum-based products.

335.

Energy security on Department of Defense installations

(a)

Plan for energy security required

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a plan for identifying and addressing areas in which the electricity needed to carry out critical military missions on Department of Defense installations is vulnerable to disruption.

(2)

Elements

The plan developed under paragraph (1) shall include, at a minimum, the following:

(A)

An identification of the areas of vulnerability as described in paragraph (1), and an identification of priorities in addressing such areas of vulnerability.

(B)

A schedule for the actions to be taken by the Department to address such areas of vulnerability.

(C)

A strategy for working with other public or private sector entities to address such areas of vulnerability that are beyond the control of the Department.

(D)

An estimate of and consideration for the costs to the Department associated with implementation of the strategy.

(b)

Work with non-Department of Defense entities

The Secretary of Defense shall work with other Federal entities, and with State and local government entities, to develop any regulations or other mechanisms needed to require or encourage actions to address areas of vulnerability identified pursuant to the plan developed under subsection (a) that are beyond the control of the Department of Defense.

E

Reports

341.

Annual report on procurement of military working dogs

Section 358 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4427; 10 U.S.C. 2302 note) is amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

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

(c)

Annual report

Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, and annually thereafter for each of the following five years, the Secretary, acting through the Executive Agent, shall submit to the congressional defense committees a report on the procurement of military working dogs for the fiscal year preceding the fiscal year during which the report is submitted. Such a report may be combined with the report required under section 2583(f) of title 10, United States Code, for the same fiscal year as the fiscal year covered by the report under this subsection. Each report under this subsection shall include the following for the fiscal year covered by the report:

(1)

The number of military working dogs procured, by source, by each military department or Defense Agency.

(2)

The cost of procuring military working dogs incurred by each military department or Defense Agency.

(3)

An explanation for any significant difference in the cost of procuring military working dogs from different sources.

.

342.

Plan for managing vegetative encroachment at training ranges

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:

(1)

An assessment of the extent to which vegetation and overgrowth limits the use of military lands available for training of the Armed Forces in the United States and overseas.

(2)

An identification of the particular installations and training areas at which vegetation and overgrowth negatively impact the use of training space.

(3)

A plan to address training constraints caused by vegetation and overgrowth.

343.

Comptroller General report on the sustainment strategy for the AV-8B Harrier aircraft

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the sustainment strategy for the AV-8B Harrier aircraft.

(b)

Matters covered

The report under subsection (a) shall include, at a minimum, each of the following:

(1)

An assessment of the AV-8B Integrated Maintenance Concept, including the acquisition strategy developed to conduct planned maintenance interval events.

(2)

An evaluation of the process and criteria established to determine the assignment of non-core workload.

(3)

An examination of the role of the single process owner in distribution of non-core workload, standardization of workload processes, facilitation of public-private partnering, implementation of lessons learned, and execution of contracting authority.

(4)

An evaluation of the execution of responsibilities by the single process owner to reduce planned maintenance interval turn-around time, to reduce cost, to improve material availability, and to ensure necessary logistics and engineering functions are in place to meet objective goals.

344.

Study on Army modularity

(a)

Study

(1)

In general

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a Federally Funded Research and Development Center for the conduct of a study on the current and planned modularity structures of the Army to determine each of the following:

(A)

The operational capability of the Army to execute the core mission of the Army to contribute land power to joint operations.

(B)

The ability to manage the flexibility and versatility of Army forces across the range of military operations.

(C)

The tactical, operational, and strategic risk associated with the heavy, medium, and light modular combat brigades and functional support and sustainment brigades.

(D)

The required and planned end strength for the Army.

(2)

Factors to consider

The study required under subsection (a) shall take into consideration the following factors:

(A)

The historical experience of the Army with separate brigade structures.

(B)

The original Army analysis or other relevant analyses, including explicit or implicit assumptions, upon which the modular brigade combat team, functional support and sustainment brigades, and higher headquarters’ designs were based.

(C)

Subsequent analysis that confirmed or modified the original designs.

(D)

Lessons learned from Operation Iraqi Freedom and Operation Enduring Freedom, including an identification and analysis of how modular brigades or formations were task organized and employed that may have differed from the original modular concept and how that confirmed or modified the original designs.

(E)

Improvements the Army has made or is implementing in brigade and headquarters designs.

(F)

The deployability, employability, and sustainability of modular formations compared to the corresponding pre-modular designs of such formations.

(3)

Access to information

The Secretary of Defense and the Secretary of the Army shall ensure that the Federally Funded Research and Development Center conducting the study required under subsection (a) has access to all necessary data, records, analysis, personnel, and other resources necessary to complete the study.

(b)

Report

(1)

In general

Not later than December 31, 2010, the Secretary of Defense shall submit to the congressional defense committees a report containing—

(A)

the results of the study conducted under subsection (a), together with the comments of the Secretary of Defense on the findings contained in the study; and

(B)

the separate and independent comments of the Secretary of the Army on the findings contained in the study.

(2)

Classified annex

The report shall be in unclassified form, but may contain a classified annex.

F

Other Matters

351.

Authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes

(a)

In general

Section 2642(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

During the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, for military airlift services provided to any element of the Federal Government outside the Department of Defense in circumstances other than those specified in paragraphs (1) and (2), but only if the Secretary of Defense determines that the provision of such services will promote the improved use of airlift capacity without any negative effect on the national security objectives or the national security interests contained within the United States commercial air industry.

.

(b)

Annual report

Not later than March 1 of each year for which the paragraph (3) of section 2642(a) of title 10, United States Code, as added by subsection (a), is in effect, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report describing, in detail, the Secretary’s use of the authority under that paragraph, including—

(1)

how the authority was used;

(2)

the frequency with which the authority was used;

(3)

the Secretary’s rationale for the use of the authority; and

(4)

for which agencies the authority was used.

352.

Policy on ground combat and camouflage utility uniforms

(a)

Establishment of policy

It is the policy of the United States that the design and fielding of all future ground combat and camouflage utility uniforms of the Armed Forces may uniquely reflect the identity of the individual military services, as long as such ground combat and camouflage utility uniforms, to the maximum extent practicable—

(1)

provide members of every military service an equivalent level of performance, functionality, and protection commensurate with their respective assigned combat missions;

(2)

minimize risk to the individual soldier, sailor, airman, or marine operating in the joint battlespace; and

(3)

provide interoperability with other components of individual war fighter systems, including body armor and other individual protective systems.

(b)

Comptroller General assessment

The Comptroller General shall conduct an assessment of the ground combat uniforms and camouflage utility uniforms currently in use in the Department of Defense. The assessment shall examine, at a minimum, each of the following:

(1)

The overall performance of each uniform in various anticipated combat environments and theaters of operations.

(2)

Whether the uniform design of each uniform conforms adequately and is interoperable with currently issued personal protective gear and body armor.

(3)

Costs associated with the design, development, production, procurement, and fielding of existing service-specific ground combat and camouflage utility uniforms.

(4)

Challenges and risks associated with fielding members of the Armed Forces into combat theaters in unique or service-specific ground combat or camouflage utility uniforms, including the tactical risk to the individuals serving in individual augmentee, in-lieu of force, or joint duty assignments of use of different ground combat uniforms in a combat environment.

(5)

Implications of the use of patents and other proprietary measures that may preclude sharing of technology, advanced uniform design, camouflage techniques, and fire retardence.

(6)

Logistical requirements to field and support forces in varying combat or utility uniforms.

(c)

Report required

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees the results of the assessment conducted under subsection (b).

(d)

Requirement for joint criteria

In support of the policy established in subsection (a), the Secretaries of the military departments, consistent with the authority set out in subtitles B, C, and D of title 10, United States Code, shall establish joint criteria for future ground combat uniforms by not later than 270 days after the Comptroller General submits the report required under subsection (c). The joint criteria shall take into account the findings and recommendations of such report and ensure that new technologies, advanced materials, and other advances in ground combat uniform design may be shared between the military services and are not precluded from being adapted for use by any military service due to military service-unique proprietary arrangements.

353.

Condition-based maintenance demonstration programs

(a)

Tactical wheeled vehicles program

The Secretary of the Army may conduct a 12-month condition-based maintenance demonstration program on selected vehicle systems that include on-board diagnostic systems suitable to such a demonstration program.

(b)

Surface combatant ship program

The Secretary of the Navy may conduct a 12-month demonstration program on selected systems or components of surface combatant ships that include integral diagnostic systems suitable to such a demonstration program.

(c)

Issues to be addressed

The demonstration programs described in subsections (a) and (b) shall address, with respect to each vehicle, system, or component for which the program is conducted—

(1)

the top 10 maintenance issues;

(2)

non-evidence of failures; and

(3)

the projected return on investment analysis for a 10-year period.

(d)

Open architecture

The design, system integration, and operations of the demonstration programs described in subsections (a) and (b) shall be conducted with an open architecture designed to—

(1)

facilitate interface with industry standard computer languages, common software systems, diagnostics tools, reference models, diagnostics reasoners, electronic libraries, and user interfaces for multiple ship and vehicle types; and

(2)

promote competition and ensure the best overall value to the Department of Defense.

(e)

Report

Not later than October 1, 2010, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report containing the assessments of each of the Secretaries with respect to whether the respective military department could reduce maintenance costs and improve operational readiness by implementing condition-based maintenance for the current and future tactical wheeled vehicle fleets and Navy surface combatants.

354.

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), is further amended—

(1)

in subsection (a), by striking 2010 and inserting 2011; and

(2)

in subsection (g)(1), by striking 2010 and inserting 2011.

IV

Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

Sec. 403. Additional authority for increases of Army active-duty end strengths for fiscal years 2011 and 2012.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians.

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

Sec. 416. Submittal of options for creation of Trainees, Transients, Holdees, and Students account for the Army National Guard.

Sec. 417. Report on requirements of the National Guard for non-dual status technicians.

Sec. 418. Expansion of authority of Secretaries of the military departments to increase certain end strengths to include Selected Reserve end strengths.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Sec. 422. Repeal of delayed one-time shift of military retirement payments.

A

Active Forces

401.

End strengths for active forces

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2010, as follows:

(1)

The Army, 562,400.

(2)

The Navy, 328,800.

(3)

The Marine Corps, 202,100.

(4)

The Air Force, 331,700.

402.

Revision in permanent active duty end strength minimum levels

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

(1)

For the Army, 547,400.

(2)

For the Navy, 328,800.

(3)

For the Marine Corps, 202,100.

(4)

For the Air Force, 331,700.

.

403.

Additional authority for increases of Army active-duty end strengths for fiscal years 2011 and 2012

(a)

Authority to increase army active-duty end strengths

(1)

Authority

For each of fiscal years 2011 and 2012, the Secretary of Defense may, as the Secretary determines necessary for the purposes specified in paragraph (2), establish the active-duty end strength for the Army at a number greater than the number otherwise authorized by law up to the number equal to the fiscal-year 2010 baseline plus 30,000.

(2)

Purpose of increases

The purposes for which increases may be made in Army active-duty end strengths under paragraph (1) are—

(A)

to support operational missions; and

(B)

to achieve reorganizational objectives, including increased unit manning, force stabilization and shaping, and supporting wounded warriors.

(3)

Fiscal-year 2010 baseline

In this subsection, the term fiscal-year 2010 baseline, means the active-duty end strength authorized for the Army in section 401(1).

(4)

Active-duty end strength

In this subsection, the term active-duty end strength means the strength for active-duty personnel of one the Armed Forces as of the last day of a fiscal year.

(b)

Relationship to presidential waiver authority

Nothing in this section shall be construed to limit the President’s authority under section 123a of title 10, United States Code, to waive any statutory end strength in a time of war or national emergency.

(c)

Relationship to other variance authority

The authority under subsection (a) is in addition to the authority to vary authorized end strengths that is provided in subsections (e) and (f) of section 115 of title 10, United States Code.

(d)

Budget treatment

If the Secretary of Defense determines under subsection (a) that an increase in the Army active-duty end strength for a fiscal year is necessary, then the budget for the Department of Defense for that fiscal year as submitted to the President shall include the amounts necessary for funding that active-duty end strength in excess of the fiscal year 2010 active-duty end strength authorized for the Army under section 401(1).

B

Reserve Forces

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, 2010, as follows:

(1)

The Army National Guard of the United States, 358,200.

(2)

The Army Reserve, 205,000.

(3)

The Navy Reserve, 65,500.

(4)

The Marine Corps Reserve, 39,600.

(5)

The Air National Guard of the United States, 106,700.

(6)

The Air Force Reserve, 69,500.

(7)

The Coast Guard Reserve, 10,000.

(b)

End strength reductions

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(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; and

(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.

(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.

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, 2010, 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:

(1)

The Army National Guard of the United States, 32,060.

(2)

The Army Reserve, 16,261.

(3)

The Navy Reserve, 10,818.

(4)

The Marine Corps Reserve, 2,261.

(5)

The Air National Guard of the United States, 14,555.

(6)

The Air Force Reserve, 2,896.

413.

End strengths for military technicians (dual status)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2010 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army Reserve, 8,395.

(2)

For the Army National Guard of the United States, 27,210.

(3)

For the Air Force Reserve, 10,417.

(4)

For the Air National Guard of the United States, 22,313.

414.

Fiscal year 2010 limitation on number of non-dual status technicians

(a)

Limitations

(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, 2010, may not exceed the following:

(A)

For the Army National Guard of the United States, 1,600.

(B)

For the Air National Guard of the United States, 350.

(2)

Army reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2010, may not exceed 595.

(3)

Air force reserve

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2010, may not exceed 90.

(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.

415.

Maximum number of reserve personnel authorized to be on active duty for operational support

During fiscal year 2010, 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:

(1)

The Army National Guard of the United States, 17,000.

(2)

The Army Reserve, 13,000.

(3)

The Navy Reserve, 6,200.

(4)

The Marine Corps Reserve, 3,000.

(5)

The Air National Guard of the United States, 16,000.

(6)

The Air Force Reserve, 14,000.

416.

Submittal of options for creation of Trainees, Transients, Holdees, and Students account for the Army National Guard

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report evaluating options, and including a recommendation, for the creation of a Trainees, Transients, Holdees, and Students Account within the Army National Guard.

(b)

Elements

The report required by subsection (a) shall address, at a minimum, the following:

(1)

The timelines, cost, force structure changes, and end strength changes associated with each option specified in the report.

(2)

The force structure and end strength changes and growth of the Army National Guard needed to support the account referred to in subsection (a).

(3)

An assessment of how the creation of such an account may affect plans under the Grow the Force initiative.

(4)

An assessment of the impact of such an account on readiness and training ratings for Army National Guard forces.

417.

Report on requirements of the National Guard for non-dual status technicians

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth the following:

(1)

A description of the types of duties performed for the National Guard by non-dual status technicians.

(2)

A description of the current requirements of the National Guard for non-dual status technicians.

(3)

A description of various means of addressing any shortfalls in meeting such requirements, including both temporary shortfalls and permanent shortfalls.

(4)

A description of the demands of the National Guard for non-dual status technicians under the current operational tempo, and a description of the current and anticipated demands of the National Guard for non-dual status technicians as a result of the National Guard moving from a reserve force to an operational force.

(5)

An assessment whether an increase in the limit on the number of non-dual status technicians for the National Guard is advisable.

(6)

Such specific recommendations, including recommendations for legislative action, as the Secretary of Defense considers appropriate regarding future requirements and numbers of non-dual status technicians that are required to manage and support the National Guard.

(b)

Considerations

The report required by subsection (a) shall take into consideration the effects of the mobilization of large numbers of National Guard military technicians (dual status) on the readiness of National Guard units in critically important areas and on the capacity of the National Guard to continue performing home-based missions and responsibilities for the States.

418.

Expansion of authority of Secretaries of the military departments to increase certain end strengths to include Selected Reserve end strengths

Subsection (g) of section 115 of title 10, United States Code, is amended to read as follows:

(g)

Authority for service Secretary variances for active-duty and Selected Reserve end strengths

(1)

Upon determination by the Secretary of a military department that such action would enhance manning and readiness in essential units or in critical specialties or ratings, the Secretary may—

(A)

increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for any of the armed forces under the jurisdiction of that Secretary, by a number equal to not more than 2 percent of such authorized end strength; and

(B)

increase the end strength authorized pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for the Selected Reserve of the reserve component of any of the armed forces under the jurisdiction of that Secretary, by a number equal to not more than 2 percent of such authorized end strength.

(2)

Any increase under paragraph (1)(A) of the end strength for an armed force for a fiscal year shall be counted as part of the increase for that armed force for that fiscal year authorized under subsection (f)(1). Any increase under paragraph (1)(B) of the end strength for the Selected Reserve of a reserve component of an armed force for a fiscal year shall be counted as part of the increase for that Selected Reserve for that fiscal year authorized under subsection (f)(3).

.

C

Authorization of Appropriations

421.

Military personnel

(a)

Authorization of appropriations

There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2010 a total of $136,016,281,000.

(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 2010.

422.

Repeal of delayed one-time shift of military retirement payments

(a)

Repeal

Section 1002 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4581) is repealed.

(b)

Effect on earlier transfer

The repeal of section 1002 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 by subsection (a) shall not affect the validity of the transfer of funds made pursuant to subsection (e) of such section before the date of the enactment of this Act.

V

Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff.

Sec. 502. Modification of limitations on general and flag officers on active duty.

Sec. 503. Revisions to annual reporting requirement on joint officer management.

Sec. 504. Extension of temporary increase in maximum number of days leave members may accumulate and carryover.

Sec. 505. Computation of retirement eligibility for enlisted members of the Navy who complete the Seaman to Admiral (STA–21) officer candidate program.

Sec. 506. Independent review of judge advocate requirements of the Department of the Navy.

Subtitle B—General Service Authorities

Sec. 511. Continuation on active duty of reserve component members during physical disability evaluation following mobilization and deployment.

Sec. 512. Medical examination required before administrative separation of members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury.

Sec. 513. Legal assistance for additional reserve component members.

Sec. 514. Limitation on scheduling of mobilization or pre-mobilization training for Reserve units when certain suspension of training is likely.

Sec. 515. Evaluation of test of utility of test preparation guides and education programs in improving qualifications of recruits for the Armed Forces.

Sec. 516. Report on presence in the Armed Forces of members associated or affiliated with groups engaged in prohibited activities.

Subtitle C—Education and Training

Sec. 521. Detail of commissioned officers as students at schools of psychology.

Sec. 522. Appointment of persons enrolled in Advanced Course of the Army Reserve Officers’ Training Corps at military junior colleges as cadets in Army Reserve or Army National Guard of the United States.

Sec. 523. Expansion of criteria for appointment as member of the Board of Regents of the Uniformed Services University of the Health Sciences.

Sec. 524. Use of Armed Forces Health Professions Scholarship and Financial Assistance program to increase number of health professionals with skills to assist in providing mental health care.

Sec. 525. Department of Defense undergraduate nurse training program.

Sec. 526. Increase in number of private sector civilians authorized for admission to National Defense University.

Sec. 527. Appointments to military service academies from nominations made by Delegate from the Commonwealth of the Northern Mariana Islands.

Sec. 528. Athletic association for the Air Force Academy.

Sec. 529. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense.

Subtitle D—Defense Dependents’ Education

Sec. 531. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 532. Impact aid for children with severe disabilities.

Sec. 533. Two-year extension of authority for assistance to local educational agencies with enrollment changes due to base closures, force structure changes, or force relocations.

Sec. 534. Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents.

Sec. 535. Permanent authority for enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe.

Sec. 536. Determination of number of weighted student units for local educational agencies for receipt of basic support payments under impact aid.

Sec. 537. Study on options for educational opportunities for dependent children of members of the Armed Forces when public schools attended by such children are determined to need improvement.

Sec. 538. Comptroller General audit of assistance to local educational agencies for dependent children of members of the Armed Forces.

Sec. 539. Sense of Congress on the Interstate Compact on Educational Opportunity for Military Children.

Subtitle E—Missing or Deceased Persons

Sec. 541. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing in conflicts occurring before enactment of new system for accounting for missing persons.

Sec. 542. Policy and procedures on media access and attendance by family members at ceremonies for the dignified transfer of remains of members of the Armed Forces who die overseas.

Sec. 543. Report on expansion of authority of a member to designate persons to direct disposition of the remains of a deceased member.

Sec. 544. Sense of Congress on the recovery of the remains of members of the Armed Forces who were killed during World War II in the battle of Tarawa Atoll.

Subtitle F—Decorations and Awards

Sec. 551. Authorization and request for award of Medal of Honor to Anthony T. Kaho’ohanohano for acts of valor during the Korean War.

Sec. 552. Authorization and request for award of Distinguished-Service Cross to Jack T. Stewart for acts of valor during the Vietnam War.

Sec. 553. Authorization and request for award of Distinguished-Service Cross to William T. Miles, Jr., for acts of valor during the Korean War.

Subtitle G—Military Family Readiness Matters

Sec. 561. Establishment of online resources to provide information about benefits and services available to members of the Armed Forces and their families.

Sec. 562. Additional members on Department of Defense Military Family Readiness Council.

Sec. 563. Support for military families with special needs.

Sec. 564. Pilot program to secure internships for military spouses with Federal agencies.

Sec. 565. Family and medical leave for family of servicemembers.

Sec. 566. Deadline for report on sexual assault in the Armed Forces by Defense Task Force on Sexual Assault in the Military Services.

Sec. 567. Improved prevention and response to allegations of sexual assault involving members of the Armed Forces.

Sec. 568. Comptroller General report on progress made in implementing recommendations to reduce domestic violence in military families.

Sec. 569. Report on impact of domestic violence on military families.

Sec. 570. Report on international intrafamilial abduction of children of members of the Armed Forces.

Sec. 571. Assessment of impact of deployment of members of the Armed Forces on their dependent children.

Sec. 572. Report on child custody litigation involving service of members of the Armed Forces.

Sec. 573. Comptroller General report on child care assistance for members of the Armed Forces.

Subtitle H—Military voting

Sec. 575. Short title.

Sec. 576. Clarification regarding delegation of State responsibilities to local jurisdictions.

Sec. 577. Establishment of procedures for absent uniformed services voters and overseas voters to request and for States to send voter registration applications and absentee ballot applications by mail and electronically.

Sec. 578. Establishment of procedures for States to transmit blank absentee ballots by mail and electronically to absent uniformed services voters and overseas voters.

Sec. 579. Ensuring absent uniformed services voters and overseas voters have time to vote.

Sec. 580. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters.

Sec. 581. Federal write-in absentee ballot.

Sec. 582. Prohibiting refusal to accept voter registration and absentee ballot applications, marked absentee ballots, and Federal write-in absentee ballots for failure to meet certain requirements.

Sec. 583. Federal Voting Assistance Program Improvements.

Sec. 584. Development of standards for reporting and storing certain data.

Sec. 585. Repeal of provisions relating to use of single application for all subsequent elections.

Sec. 586. Reporting requirements.

Sec. 587. Annual report on enforcement.

Sec. 588. Requirements payments.

Sec. 589. Technology pilot program.

Subtitle I—Other Matters

Sec. 591. Clarification of performance policies for military musical units and musicians.

Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps.

Sec. 593. Modification of matching fund requirements under National Guard Youth Challenge Program.

Sec. 594. Expansion of Military Leadership Diversity Commission to include reserve component representatives.

Sec. 595. Expansion of suicide prevention and community healing and response training under the Yellow Ribbon Reintegration Program.

Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of substance use disorders and disposition of substance abuse offenders in the Armed Forces.

Sec. 597. Reports on Yellow Ribbon Reintegration Program and other reintegration programs.

Sec. 598. Reports on progress in completion of certain incident information management tools.

A

Officer Personnel Policy

501.

Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff

(a)

In general

Section 156(c) of title 10, United States Code, is amended by striking , while so serving, hold the and inserting be appointed in the regular.

(b)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals appointed as Legal Counsel to the Chairman of the Joint Chiefs of Staff on or after that date.

502.

Modification of limitations on general and flag officers on active duty

(a)

Report on statutes excluding certain officers on active duty in general and flag officer grades from limitations on authorized strengths of general and flag officers on active duty

Not later than April 1, 2010, the Secretary of Defense shall submit to the Committees on Armed Forces of the Senate and the House of Representatives a report setting forth the following:

(1)

An assessment of the provisions of title 10, United States Code, that exclude commissioned officers of the Armed Forces on active duty in general officer and flag officer grades from the limitations on the authorized strengths of general and flag officers, including—

(A)

a list of each such provision; and

(B)

for each such provision—

(i)

a statement whether such provision is redundant or necessary in light of recent legislation on such provision or related provisions; and

(ii)

an assessment of the impact of the repeal of such provision on the Department of Defense.

(2)

A specific, comprehensive description of the legislative actions, including technical and conforming changes, necessary to conform sections 525, 526, and 528 of title 10, United States Code (and any other applicable provisions of such title), with the assessment required by paragraph (1) with a view towards increasing the transparency and comprehensiveness on the number of general and flag officers serving on active duty.

(3)

An assessment of the following:

(A)

Whether the authorized numbers of general and flag officers in an active status under section 12004(a) of title 10, United States Code, are adequate to provide the reserve components with a sufficient number of general and flag officers in an active status in order to meet increased authorizations for active duty service.

(B)

Whether such numbers of general and flag officers provide the general and flag officers of the reserve components with appropriate opportunities for joint responsibility and joint officer development while simultaneously meeting reserve active-status requirements

(C)

Whether legislative action with respect to section 12004(a) of title 10, United States Code, is necessary to achieve the purposes specified in subparagraphs (A) and (B) and, if so, a specific, comprehensive description of such legislative actions.

(4)

An assessment of the following:

(A)

Whether the requirements for general and flag officer positions resulting from recommendations for statutory authority to specify the grade of the Chief of the Navy Dental Corps, the Chief and Deputy Chief of Chaplains in the Air Force, the Chief of the Army Medical Specialist Corps, and to establish the position of Vice Chief of the National Guard Bureau, are necessary in light of recent legislative modifications of applicable provisions of law.

(B)

The impact on the Department of each provision.

(C)

If supported, the necessary technical and conforming changes that may be necessary to conform sections 535, 526, 528, and 12004 of title 10, United States Code, to increase the transparency and comprehensiveness of the number of general and flag officers on active duty or in an active status.

(b)

Clarification of distribution limits

Section 525 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections:

(a)

For purposes of the applicable limitation in section 526(a) of this title on general and flag officers on active duty, no appointment of an officer on the active duty list may be made as follows:

(1)

in the Army, if that appointment would result in more than—

(A)

7 officers in the grade of general;

(B)

45 officers in a grade above the grade of major general; or

(C)

90 officers in the grade of major general;

(2)

in the Air Force, if that appointment would result in more than—

(A)

9 officers in the grade of general;

(B)

43 officers in a grade above the grade of major general; or

(C)

73 officers in the grade of major general;

(3)

in the Navy, if that appointment would result in more than—

(A)

6 officers in the grade of admiral;

(B)

32 officers in a grade above the grade of rear admiral; or

(C)

50 officers in the grade of rear admiral;

(4)

in the Marine Corps, if that appointment would result in more than—

(A)

2 officers in the grade of general;

(B)

15 officers in a grade above the grade of major general; or

(C)

22 officers in the grade of major general.

(b)
(1)

The limitations of subsection (a) do not include the following:

(A)

An officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment, except that the Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, but no more than 3 officers from each armed forces may be on active duty who are excluded under this subparagraph.

(B)

An officer while serving in the position of Staff Judge Advocate to the Commandant of the Marine Corps under section 5046 of this title.

(C)

The number of officers required to serve in joint duty assignments as authorized by the Secretary of Defense under section 526(b) for each military service.

(D)

An officer while serving as Chief of the National Guard Bureau.

(2)

An officer of the Army while serving as Superintendent of the United States Military Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Army for officers serving on active duty in grades above major general under subsection (a). An officer of the Navy or Marine Corps while serving as Superintendent of the United States Naval Academy, if serving in the grade of vice admiral or lieutenant general, is in addition to the number that would otherwise be permitted for the Navy or Marine Corps, respectively, for officers serving on active duty in grades above major general or rear admiral under subsection (a). An officer while serving as Superintendent of the United States Air Force Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above major general under subsection (a).

.

(c)

Clarification on offsetting reductions

Subsection (c) of such section is amended—

(1)

in paragraph (1)—

(A)

by amending subparagraph (A) to read as follows:

(A)

may make appointments in the Army, Air Force, and Marine Corps in the grades of lieutenant general and general in excess of the applicable numbers determined under this section if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); and

; and

(B)

in subparagraph (B), by striking subsection (b)(2) and inserting this section;

(2)

in paragraph (3)(A), by striking the number equal to 10 percent of the total number of officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps under subsection (b) and inserting 15; and

(3)

in paragraph (3)(B), by striking the number equal to 15 percent of the total number of officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps and inserting 5.

(d)

Other distribution clarifications

Such section is further amended—

(1)

in subsection (e), by striking In determining the total number of general officers or flag officers of an armed force on active duty for purposes of this section, the following officers shall not be counted: in the matter preceding paragraph (1) and inserting The following officers shall not be counted for purposes of this section:; and

(2)

by adding at the end the following new subsection:

(g)
(1)

The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for a period in excess of 365 days, but not to exceed three years, except that the number of officers from each reserve component who are covered by this subsection and is not serving in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed 5 per component, unless authorized by the Secretary of Defense

(2)

The exception in paragraph (1) does apply to the position of Chief of the National Guard Bureau.

(3)

Not later than 30 days after authorizing a number of reserve component general or flag officers in excess of the number specified in paragraph (1), the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of such authorization, and shall include with such notice a statement of the reason for such authorization.

.

(e)

Change to authorized strengths

Subsection (a) of section 526 of such title is amended—

(1)

in paragraph (1), by striking 307 and inserting 230;

(2)

in paragraph (2), by striking 216 and inserting 160;

(3)

in paragraph (3), by striking 279 and inserting 208; and

(4)

in paragraph (4), by striking 81 and inserting 60.

(f)

Changes to limited exclusion for joint duty requirements

Subsection (b) of such section is amended—

(1)

in paragraph (1)—

(A)

by striking Chairman of the Joint Chiefs of Staff and inserting Secretary of Defense;

(B)

by striking 65 and inserting 324; and

(C)

by striking the second sentence and inserting the following new sentence: The Secretary of Defense shall allocate those exclusions to the armed forces based on the number of general or flag officers required from each armed force for assignment to these designated positions.;

(2)

by redesignating paragraph (2) as paragraph (5); and

(3)

by inserting after paragraph (1) the following new paragraphs:

(2)

Unless the Secretary of Defense determines that a lower number is in the best interest of the Department, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows:

(A)

For the Army, 85.

(B)

For the Navy, 61.

(C)

For the Air Force, 76.

(D)

For the Marine Corps, 21.

(3)

The number excluded under paragraph (1) and serving in positions designated under that paragraph—

(A)

in the grade of general or admiral may not exceed 20;

(B)

in a grade above the grade of major general or rear admiral may not exceed 68; and

(C)

in the grade of major general or rear admiral may not exceed 144.

(4)

Not later than 30 days after determining to raise or lower a number specified in paragraph (2), the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of such determination.

.

(g)

Other authorization clarifications

Such section is further amended—

(1)

in subsection (d), by adding at the end the following new paragraph:

(3)

The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for a period in excess of 365 days but not to exceed three years, except that the number of such officers from each reserve component who are covered by this paragraph and not serving in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed 5 per component, unless authorized by the Secretary of Defense.

; and

(2)

by adding at the end the following new subsections:

(g)

Temporary exclusion for assignment to certain temporary billets

(1)

The limitations in subsection (a) and in section 525(a) of this title do not apply to a general or flag officer assigned to a temporary joint duty assignment designated by the Secretary of Defense.

(2)

A general or flag officer assigned to a temporary joint duty assignment as described in paragraph (1) may not be excluded under this subsection from the limitations in subsection (a) for a period of longer than one year.

(h)

Exclusion of officers departing from joint duty assignments

The limitations in subsection (a) do not apply to an officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers on active duty from each armed force may be covered by an extension under this sentence at the same time.

.

(h)

Exclusion of reserve officers departing from joint or other active duty assignments

Section 12004 of such title is amended by adding at the end the following new subsection:

(f)

The limitations in subsection (a) do not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers in an active status from each reserve component may be covered by an extension under this sentence at the same time.

.

(i)

Repeal of limitations on general and flag officer activities outside the officer's own service

(1)

Repeal

Section 721 of such title is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 41 of such title is amended by striking the item relating to section 721.

(j)

Repeal of superseded authority

Section 506 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4434; 10 U.S.C. 525 note) is repealed.

503.

Revisions to annual reporting requirement on joint officer management

Section 667 of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A), by striking and their education and experience; and

(B)

by adding at the end the following new subparagraph:

(C)

A comparison of the number of officers who were designated as a joint qualified officer who had served in a Joint Duty Assignment List billet and completed Joint Professional Military Education Phase II, with the number designated as a joint qualified officer based on their aggregated joint experiences and completion of Joint Professional Military Education Phase II.

;

(2)

by striking paragraphs (3), (4), (6), and (12);

(3)

by redesignating paragraph (5) as paragraph (3);

(4)

by redesignating paragraphs (7) through (11) as paragraphs (4) through (8), respectively;

(5)

by inserting after paragraph (8), as so redesignated, the following new paragraph:

(9)

With regard to the principal courses of instruction for Joint Professional Military Education Level II, the number of officers graduating from each of the following:

(A)

The Joint Forces Staff College.

(B)

The National Defense University.

(C)

Senior Service Schools.

; and

(6)

by redesignating paragraph (13) as paragraph (10).

504.

Extension of temporary increase in maximum number of days leave members may accumulate and carryover

Section 701(d) of title 10, United States Code, is amended by striking December 31, 2010 and inserting September 30, 2013.

505.

Computation of retirement eligibility for enlisted members of the Navy who complete the Seaman to Admiral (STA–21) officer candidate program

Section 6328 of title 10, United States Code, is amended by adding the following new subsection:

(c)

Time spent in seaman to admiral program

The months of active service in pursuit of a baccalaureate-level degree under the Seaman to Admiral (STA–21) program of the Navy of officer candidates selected for the program on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 shall be excluded in computing the years of service of an officer who was appointed to the grade of ensign in the Navy upon completion of the program to determine the eligibility of the officer for retirement, unless the officer becomes subject to involuntary separation or retirement due to physical disability. Such active service shall be counted in computing the years of active service of the officer for all other purposes.

.

506.

Independent review of judge advocate requirements of the Department of the Navy

(a)

Independent panel for review

(1)

Establishment

There is hereby established an independent panel to review the judge advocate requirements of the Department of the Navy.

(2)

Composition

The panel shall be composed of five members, appointed by the Secretary of Defense from among private United States citizens who have expertise in law, military manpower policies, the missions of the Armed Forces, or the current responsibilities of judge advocates in ensuring competent legal representation and advice to commanders.

(3)

Chair

The chair of the panel shall be appointed by the Secretary from among the members of the panel appointed under paragraph (2).

(4)

Period of appointment; vacancies

Members shall be appointed for the life of the panel. Any vacancy in the panel shall be filled in the same manner as the original appointment.

(5)

Deadline for appointments

All original appointments to the panel shall be made not later than 180 days after the date of the enactment of this Act.

(6)

Meetings

The panel shall meet at the call of the chair.

(7)

First meeting

The chair shall call the first meeting of the panel not later than 60 days after the date of the appointment of all the members of the panel.

(b)

Duties

(1)

In general

The panel established under subsection (a) shall carry out a study of the policies and management and organizational practices of the Navy and Marine Corps with respect to the responsibilities, assignment, and career development of judge advocates for purposes of determining the number of judge advocates required to fulfill the legal mission of the Department of the Navy.

(2)

Review

In carrying out the study required by paragraph (1), the panel shall—

(A)

review the emergent operational law requirements of the Navy and Marine Corps, including requirements for judge advocates on joint task forces, in support of rule of law objectives in Iraq and Afghanistan, and in operational units;

(B)

review new requirements to support the Office of Military Commissions and to support the disability evaluation system for members of the Armed Forces;

(C)

review the judge advocate requirements of the Department of the Navy for the military justice mission, including assignment policies, training and education, increasing complexity of court-martial litigation, and the performance of the Navy and Marine Corps in providing legally sufficient post-trial processing of cases in general courts-martial and special courts-martial;

(D)

review the role of the Judge Advocate General of the Navy, as the senior uniformed legal officer of the Department of the Navy, to determine whether additional authority for the Judge Advocate General over manpower policies and assignments of judge advocates in the Navy and Marine Corps is warranted;

(E)

review directives issued by the Navy and the Marine Corps pertaining to jointly-shared missions requiring legal support;

(F)

review career patterns for Marine Corps judge advocates in order to identify and validate assignments to nonlegal billets required for professional development and promotion; and

(G)

review, evaluate, and assess such other matters and materials as the panel considers appropriate for purposes of the study.

(3)

Utilization of other studies

In carrying out the study required by paragraph (1), the panel may review, and incorporate as appropriate, the findings of applicable ongoing and completed studies in future manpower requirements, including the two-part study by CNA Analysis and Solutions entitled An Analysis of Navy JAG Corps Future Manpower Requirements.

(4)

Report

Not later than 120 days after its first meeting under subsection (a)(7), the panel shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report on the study. The report shall include—

(A)

the findings and conclusions of the panel as a result of the study; and

(B)

any recommendations for legislative or administrative action that the panel considers appropriate in light of the study.

(c)

Powers of panel

(1)

Hearings

The panel may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the panel considers appropriate to carry out its duties under this section.

(2)

Information from federal agencies

Upon request by the chair of the panel, any department or agency of the Federal Government may provide information that the panel considers necessary to carry out it duties under this section.

(d)

Personnel matters

(1)

Pay of members

(A)

Members of the panel established under subsection (a) shall serve without pay by reason of their work on the panel.

(B)

Section 1342 of title 31, United States Code, shall not apply to the acceptance of services of a member of the panel under this section.

(2)

Travel expenses

The members of the panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance or services for the panel.

B

General Service Authorities

511.

Continuation on active duty of reserve component members during physical disability evaluation following mobilization and deployment

Section 1218 of title 10, United States Code, is amended by adding at the end the following new subsection:

(d)
(1)

The Secretary of a military department shall ensure that each member of a reserve component under the jurisdiction of the Secretary who is determined, after a mobilization and deployment to an area in which imminent danger pay is authorized under section 310 of title 37, to require evaluation for a physical or mental disability which could result in separation or retirement for disability under this chapter or placement on the temporary disability retired list or inactive status list under this chapter is retained on active duty during the disability evaluation process until such time as such member is—

(A)

cleared by appropriate authorities for continuation on active duty; or

(B)

separated, retired, or placed on the temporary disability retired list or inactive status list.

(2)
(A)

A member described in paragraph (1) may request termination of active duty under such paragraph at any time during the demobilization or disability evaluation process of such member.

(B)

Upon a request under subparagraph (A), a member described in paragraph (1) shall only be released from active duty after the member receives counseling about the consequences of termination of active duty.

(C)

Each release from active duty under subparagraph (B) shall be thoroughly documented.

(3)

The requirements in paragraph (1) shall expire on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010.

.

512.

Medical examination required before administrative separation of members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury

(a)

Medical examination required

(1)

In general

Chapter 59 of title 10, United States Code, is amended by inserting after section 1176 the following new section:

1177.

Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation

(a)

Medical examination required

(1)

Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary who has been deployed overseas in support of a contingency operation during the previous 24 months, and who is diagnosed by a physician, clinical psychologist, or psychiatrist as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise reasonably alleges, based on the service of the member while deployed, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.

(2)

A member covered by paragraph (1) shall not be administratively separated under conditions other than honorable until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary concerned.

(3)

In a case involving post-traumatic stress disorder, the medical examination shall be performed by a clinical psychologist or psychiatrist. In cases involving traumatic brain injury, the medical examination may be performed by a physician, clinical psychologist, psychiatrist, or other health care professional, as appropriate.

(b)

Purpose of medical examination

The medical examination required by subsection (a) shall assess whether the effects of post-traumatic stress disorder or traumatic brain injury constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of service of the member as other than honorable.

(c)

Inapplicability to proceedings under uniform code of military justice

The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1176 the following new item:

1177. Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation.

.

(b)

Review of previous discharges and dismissals

Section 1553 of such title is amended by adding at the end the following new subsection:

(d)
(1)

In the case of a former member of the armed forces who, while serving on active duty as a member of the armed forces, was deployed in support of a contingency operation and who, at any time after such deployment, was diagnosed by a physician, clinical psychologist, or psychiatrist as experiencing post-traumatic stress disorder or traumatic brain injury as a consequence of that deployment, a board established under this section to review the former member’s discharge or dismissal shall include a member who is a physician, clinical psychologist, or psychiatrist.

(2)

In the case of a former member described in paragraph (1) or a former member whose application for relief is based in whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury as supporting rationale or as justification for priority consideration, the Secretary concerned shall expedite a final decision and shall accord such cases sufficient priority to achieve an expedited resolution. In determining the priority of cases, the Secretary concerned shall weigh the medical and humanitarian circumstances of all cases and accord higher priority to cases not involving post-traumatic stress disorder or traumatic brain injury only when the individual cases are considered more compelling.

.

(c)

Report Required

Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the detailed procedures and policies used by the Secretaries of the military department to implement the amendments made by this section, including—

(1)

the list of officials identified by the Secretaries as required to review physical examinations to determine the possible influence of post-traumatic stress disorder or traumatic brain injury on the behavior of members before their separation under other than honorable conditions;

(2)

the procedures adopted by the Secretaries to ensure that appropriate physical examinations required by the amendments are conducted;

(3)

the procedures adopted by the Secretaries to ensure that the medical reviews required by the amendments are conducted; and

(4)

the procedures adopted by the Secretaries to ensure that requests for review of discharges based on matters related to post-traumatic stress disorder or traumatic brain injury are considered in a timely manner by boards that include appropriate medical personnel, as required by the amendments.

513.

Legal assistance for additional reserve component members

Section 1044(a)(4) of title 10, United States Code, is amended by striking the Secretary of Defense), for a period of time, prescribed by the Secretary of Defense, and inserting the Secretary), for a period of time (prescribed by the Secretary).

514.

Limitation on scheduling of mobilization or pre-mobilization training for Reserve units when certain suspension of training is likely

(a)

Limitation

(1)

In general

Subject to paragraph (2), the Secretary of a military department shall avoid scheduling mobilization training or pre-mobilization training for a unit of a reserve component of the Armed Forces at a temporary duty location that is outside the normal commuting distance of the unit (as determined pursuant to the regulations prescribed by the Secretary of Defense under subsection (c)) if a suspension of training at such temporary duty location of at least five days is anticipated to occur during any portion of such mobilization or pre-mobilization training.

(2)

Waiver

The Secretary of a military department may waive the applicability of the limitation in paragraph (1) to a unit of a reserve component if the Secretary determines that the waiver is in the national security interests of the United States.

(3)

Notice to Congress

Until December 31, 2014, the Secretary of the military department concerned shall submit written notice of each waiver issued under paragraph (2) to the congressional defense committees. Notice of such waiver shall be so submitted at the time of the issuance of such waiver.

(b)

Notice of other suspensions of training

Until December 31, 2014, in the event of a suspension of training (other than an anticipated suspension of training described in subsection (a)(1)) of at least five days at a temporary duty location at which one or more units of the reserve components on active duty are engaged in mobilization training or pre-mobilization training, the Secretary of the military department having jurisdiction over such unit or units shall submit written notice of the suspension to the congressional defense committees. Notice of such suspension of training shall be so submitted at the time of such suspension of training.

(c)

Regulations

The Secretaries of the military departments shall administer this section in accordance with regulations prescribed by the Secretary of Defense. Such regulations shall apply uniformly among the military departments.

515.

Evaluation of test of utility of test preparation guides and education programs in improving qualifications of recruits for the Armed Forces

Section 546(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2215) is amended—

(1)

in the second sentence, by striking in training and unit settings and inserting during training and unit assignments; and

(2)

by adding at the end the following new sentence: Data to make the comparison between the two groups shall be derived from existing sources, which may include performance ratings, separations, promotions, awards and decorations, and reenlistment statistics..

516.

Report on presence in the Armed Forces of members associated or affiliated with groups engaged in prohibited activities

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Attorney General, submit to the Committees on Armed Service of the Senate and the House of Representatives a report on the following:

(1)

Any active participation by members of the Armed Forces in prohibited activities (as defined by subsection 3.5.8 of Department of Defense Directive 1325.6).

(2)

The policies of the Department of Defense to prevent individuals who are active participants in such activities from enlisting in the Armed Forces.

C

Education and Training

521.

Detail of commissioned officers as students at schools of psychology

(a)

In general

Chapter 101 of title 10, United States Code, is amended by inserting after section 2004a the following new section:

2004b.

Detail of commissioned officers as students at schools of psychology

(a)

Detail authorized

The Secretary of each military department may detail commissioned officers of the armed forces as students at accredited schools of psychology located in the United States for a period of training leading to the degree of Doctor of Philosophy in clinical psychology. No more than 25 officers from each military department may commence such training in any single fiscal year.

(b)

Eligibility for detail

To be eligible for detail under subsection (a), an officer must be a citizen of the United States and must—

(1)

have served on active duty for a period of not less than two years nor more than six years and be in the pay grade 0–3 or below as of the time the training is to begin; and

(2)

sign an agreement that unless sooner separated the officer will—

(A)

complete the educational course of psychological training;

(B)

accept transfer or detail as a commissioned officer within the military department concerned when the officer's training is completed; and

(C)

agree to serve, following completion of the officer's training, on active duty (or on active duty and in the Selected Reserve) for a period as specified pursuant to subsection (c).

(c)

Service obligation

(1)

Except as provided in paragraph (2), the agreement of an officer under subsection (b) shall provide that the officer shall serve on active duty for two years for each year or part thereof of the officer's training under subsection (a).

(2)

The agreement of an officer may authorize the officer to serve a portion of the officer's service obligation on active duty and to complete the service obligation that remains upon separation from active duty in the Selected Reserve. Under any such agreement, an officer shall serve three years in the Selected Reserve for each year or part thereof of the officer's training under subsection (a) for any service obligation that was not completed before separation from active duty.

(d)

Selection of officers for detail

Officers detailed for training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned.

(e)

Relation of service obligations to other service obligations

Any service obligation incurred by an officer under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by the officer under any other provision of law or agreement.

(f)

Expenses

Expenses incident to the detail of officers under this section shall be paid from any funds appropriated for the military department concerned.

(g)

Failure to complete program

(1)

An officer who is dropped from a program of psychological training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed on the officer under regulations issued by the Secretary of Defense for purposes of this section.

(2)

In no case shall an officer be required to serve on active duty under paragraph (1) for any period in excess of one year for each year or part thereof the officer participated in the program.

(h)

Limitation on details

No agreement detailing an officer of the armed forces to an accredited school of psychology may be entered into during any period in which the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2004a the following new item:

2004b. Detail of commissioned officers as students at schools of psychology.

.

522.

Appointment of persons enrolled in Advanced Course of the Army Reserve Officers’ Training Corps at military junior colleges as cadets in Army Reserve or Army National Guard of the United States

Section 2107a(h) of title 10, United States Code, is amended—

(1)

by striking 17 cadets and inserting 22 cadets;

(2)

by striking 17 members and inserting 22 members; and

(3)

by striking 17 such members and inserting 22 such members.

523.

Expansion of criteria for appointment as member of the Board of Regents of the Uniformed Services University of the Health Sciences

Section 2113a(b)(1) of title 10, United States Code, is amended by striking health and health education and inserting health care, higher education administration, or public policy.

524.

Use of Armed Forces Health Professions Scholarship and Financial Assistance program to increase number of health professionals with skills to assist in providing mental health care

(a)

Additional element within scholarship program

Section 2121(a) of title 10, United States Code, is amended—

(1)

by inserting (1) after (a);

(2)

by striking in the various health professions and inserting (A) in the various health professions or (B) as a health professional with specific skills to assist in providing mental health care to members of the armed forces; and

(3)

by adding at the end the following new paragraph:

(2)

Under the program of a military department, the Secretary of that military department shall allocate a portion of the total number of scholarships to members of the program described in paragraph (1)(B) for the purpose of assisting such members to pursue a degree at the masters and doctoral level in any of the following disciplines:

(A)

Social work.

(B)

Clinical psychology.

(C)

Psychiatry.

(D)

Other disciplines that contribute to mental health care programs in that military department.

.

(b)

Authorized number of members of the program

Section 2124 of such title is amended—

(1)

by striking The number and inserting (a) Authorized number of members of the program.—The number;

(2)

by striking 6,000 and inserting 6,300; and

(3)

by adding at the end the following new subsection:

(b)

Mental health professionals

Of the number of persons designated as members of the program at any time, 300 may be members of the program described in section 2121(a)(1)(B) of this title.

.

525.

Department of Defense undergraduate nurse training program

(a)

Revision of current school of nursing authorizations

(1)

Repeal of establishment within Uniformed Services University of the Health Sciences

Section 2117 of title 10, United States Code, is repealed.

(2)

Establishment as department of defense school

Chapter 108 of such title is amended by adding at the end the following new section:

2169.

School of Nursing: establishment

(a)

Establishment Authorized

The Secretary of Defense may establish a School of Nursing.

(b)

Degree granting authority

The School of Nursing may include a program that awards a bachelor of science in nursing.

(c)

Phased Development

The Secretary of Defense may develop the School of Nursing in phases as determined appropriate by the Secretary.

.

(3)

Clerical amendments

(A)

Chapter 104

The table of sections at the beginning of chapter 104 of such title is amended by striking the item relating to section 2117.

(B)

Chapter 108

The table of sections at the beginning of chapter 108 of such title is amended by adding at the end the following new item:

2169. School of Nursing: establishment.

.

(b)

Authority to establish undergraduate nurse training program

(1)

In general

Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section:

2016.

Undergraduate nurse training program: establishment through agreement with academic institution

(a)

Establishment authorized

(1)

To increase the number of nurses in the armed forces, the Secretary of Defense may enter into an agreement with one or more academic institutions to establish and operate an undergraduate program (in this section referred to as a undergraduate nurse training program) under which participants will earn a nursing degree and serve as a member of the armed forces.

(2)

The Secretary of Defense may authorize the participation of members of the other uniformed services in the undergraduate nurse training program if the Secretary of Defense and the Secretary of Health and Human Services jointly determine the participation of such members in the program will facilitate an increase in the number of nurses in the other uniformed services.

(b)

Graduation rates

An undergraduate nurse training program shall have the capacity to graduate 25 students with a bachelor of science degree in the first class of the program, 50 in the second class, and 100 annually thereafter.

(c)

Elements

An undergraduate nurse training program shall have the following elements:

(1)

It shall involve an academic partnership with one or more academic institutions with existing accredited schools of nursing.

(2)

It shall recruit as participants qualified individuals with at least two years of appropriate academic preparation, as determined by the Secretary of Defense.

(d)

Location of programs

An academic institution selected to operate an undergraduate nurse training program shall establish the program at or near a military installation. A military installation at or near which an undergraduate nurse training program is established must—

(1)

be one of the ten largest military installations in the United States, in terms of the number of active duty personnel assigned to the installation and family members residing on or in the vicinity of the installations; and

(2)

have a military treatment facility with inpatient capability designated as a medical center located on the installation or within 10 miles of the installation.

(e)

Limitation on faculty

An agreement entered into under subsection (a) shall not require members of the armed forces who are nurses to serve as faculty members for an undergraduate nurse training program.

(f)

Military service commitment

The Secretary of Defense shall encourage members of the armed forces to apply to participate in an undergraduate nurse training program. Graduates of the program shall incur a military service obligation in a regular or reserve component, as determined by the Secretary.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

2016. Undergraduate nurse training program: establishment through agreement with academic institution.

.

(c)

Undergraduate nurse training program Plan

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a plan to establish an undergraduate nurse training program in the Department of Defense in accordance with the authority provided by section 2169 of title 10, United States Code, as added by subsection (a), section 2016 of such title, as added by subsection (b), or any other authority available to the Secretary.

(d)

Pilot program

(1)

Pilot program required

The plan required by subsection (c) shall provide for the establishment of a pilot program to increase the number of nurses serving in the Armed Forces.

(2)

Implementation and duration

The pilot program shall begin not later than July 1, 2011, and be of not less than five years in duration.

(3)

Graduation rates

The pilot program shall achieve graduation rates at least equal to the rates required for the undergraduate nurse training program authorized by section 2016 of title 10, United States Code, as added by subsection (b).

(4)

Implementation report

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the pilot program, including a description of the program selected to be undertaken, the program’s goals, and any additional legal authorities that may be needed to undertake the program.

(5)

Progress reports

Not later than 90 days after the end of each academic year of the pilot program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report specifying the number of nurses accessed into the Armed Forces through the program and the number of students accepted for the upcoming academic year.

(6)

Final report

Not later than one year before the end of the pilot program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report specifying the number of nurses accessed through the program, evaluating the overall effectiveness of the program, and containing the Secretary’s recommendations regarding whether the program should be extended.

(e)

Effect on other nursing programs

Notwithstanding the development of undergraduate nurse training programs under the amendments made by this section and subsection (d), the Secretary of Defense shall ensure that graduate degree programs in nursing, including advanced practice nursing, continue.

(f)

Effect on other recruitment efforts

Nothing in this section shall be construed as limiting or terminating any current or future program of the Department of Defense related to the recruitment, accession, training, or retention of nurses.

526.

Increase in number of private sector civilians authorized for admission to National Defense University

Section 2167(a) of title 10, United States Code, is amended by striking 10 full-time student positions and inserting 20 full-time student positions.

527.

Appointments to military service academies from nominations made by Delegate from the Commonwealth of the Northern Mariana Islands

(a)

United States Military Academy

Section 4342(a)(10) of title 10, United States Code, is amended by striking One cadet and inserting Two cadets.

(b)

United States Naval Academy

Section 6954(a)(10) of such title is amended by striking One and inserting Two.

(c)

United States Air Force Academy

Section 9342(a)(10) of such title is amended by striking One cadet and inserting Two cadets.

(d)

Effective Date

The amendments made by this section shall apply with respect to appointments to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy beginning with the first class of candidates nominated for appointment to these military service academies after the date of the enactment of this Act.

528.

Athletic association for the Air Force Academy

(a)

In general

Chapter 903 of title 10, United States Code, is amended by adding at the end the following new section:

9362.

Support of athletic programs

(a)

Corporation for support authorized

(1)

The Secretary of the Air Force may, in accordance with the laws of the State of incorporation, establish a corporation (in this section referred to as the corporation) to support the athletic programs of the Academy. All stock of the corporation shall be owned by the United States and held in the name of and voted by the Secretary of the Air Force.

(2)

The corporation shall operate exclusively for charitable, educational, and civic purposes to support the athletic programs of the Academy.

(b)

Corporate organization

The corporation shall be organized and operated—

(1)

as a nonprofit corporation under section 501 (c)(3) of the Internal Revenue Code of 1986;

(2)

in accordance with this section; and

(3)

pursuant to the laws of the State of incorporation, its articles of incorporation, and its bylaws.

(c)

Corporate board of directors

(1)

The members of the board of directors of the corporation shall serve without compensation as members of the board, except for reasonable travel and other related expenses for attendance at meetings of the board.

(2)

The Secretary of the Air Force may authorize military and civilian personnel of the Air Force under section 1033 of this title to serve, in their official capacities, as members of the board of directors of the corporation, but such personnel shall not hold more than one-third of the directorships.

(d)

Transfers from nonappropriated fund operation

The Secretary of the Air Force may, subject to the acceptance of the corporation, transfer to the corporation all title to and ownership of the assets and liabilities of the Air Force nonappropriated fund instrumentality whose functions include providing support for the athletic programs of the Academy, including bank accounts and financial reserves in its accounts, equipment, supplies, and other personal property, but excluding any interest in real property.

(e)

Acceptance of gifts

The Secretary of the Air Force may accept from the corporation funds, supplies, and services for the support of cadets and Academy personnel during their participation in Academy or corporate events related to the athletic programs of the Academy.

(f)

Leases

The Secretary of the Air Force may, in accordance with section 2667 of this title, lease real and personal property to the corporation for purposes related to the athletic programs of the Academy. Funds received from any such lease may be retained and spent by the Secretary to support athletic programs of the Academy.

(g)

Cooperative agreements

The Secretary of the Air Force may enter into cooperative agreements (as described in section 6305 of title 31) with the corporation for purposes related to the athletic programs of the Academy.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 903 of such title is amended by adding at the end the following new item:

9362. Support of athletic programs.

.

529.

Language training centers for members of the Armed Forces and civilian employees of the Department of Defense

(a)

Program authorized

The Secretary of Defense may carry out a program to establish language training centers at accredited universities, senior military colleges, or other similar institutions of higher education for purposes of accelerating the development of foundational expertise in critical and strategic languages and regional area studies (as defined by the Secretary of Defense for purposes of this section) for members of the Armed Forces, including members of the reserve components and candidates of the Reserve Officers' Training Corps programs, and civilian employees of the Department of Defense.

(b)

Elements

Each language training center established under the program authorized by subsection (a) shall include the following:

(1)

Programs to provide that members of the Armed Forces or civilian employees of the Department of Defense who graduate from the institution of higher education concerned include members or employees, as the case may be, who are skilled in the languages and area studies covered by the program from beginning through advanced skill levels.

(2)

Programs of language proficiency training for such members and civilian employees at the institution of higher education concerned in critical and strategic languages tailored to meet operational readiness requirements.

(3)

Alternative language training delivery systems and modalities to meet language and regional area study requirements for such members and employees whether prior to deployment, during deployment, or post-deployment.

(4)

Programs on critical and strategic languages under the program that can be incorporated into Reserve Officers' Training Corps programs to facilitate the development of language skills in such languages among future officers of the Armed Forces.

(5)

Training and education programs to expand the pool of qualified instructors and educators on critical and strategic languages and regional area studies under the program for the Armed Forces.

(6)

Programs to facilitate and encourage the recruitment of native and heritage speakers of critical and strategic languages under the program into the Armed Forces and the civilian workforce of the Department of Defense and to support the Civilian Linguist Reserve Corps.

(c)

Partnerships with other schools

Any language training center established under the program authorized by subsection (a) may enter into a partnership with one or more local educational agencies to facilitate the development of skills in critical and strategic languages under the program among students attending the elementary and secondary schools of such agencies who may pursue a military career.

(d)

Coordination

The Secretary of Defense shall ensure that the language training centers established under the program authorized by subsection (a) are aligned with those of the National Security Education Program, the Defense Language Institute, and other appropriate Department of Defense programs to facilitate and encourage the recruitment of native and heritage speakers of critical and strategic languages under the program into the Armed Forces and the civilian workforce of the Department of Defense and to support the Civilian Linguist Reserve Corps.

(e)

Report

Not later than one year after the date of the establishment of the program authorized by subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the program. The report shall include the following:

(1)

A description of each language training center established under the program.

(2)

An assessment of the cost-effectiveness of the program in providing foundational expertise in critical and strategic languages and regional area studies in support of the Defense Language Transformation Roadmap.

(3)

An assessment of the progress made by each language training center in providing capabilities in critical and strategic languages under the program to members of the Armed Forces and Department of Defense employees.

(4)

A recommendation whether the program should be continued and, if so, recommendations as to any modifications of the program that the Secretary considers appropriate.

D

Defense Dependents’ Education

531.

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

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2010 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $30,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b).

(b)

Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations

Of the amount authorized to be appropriated for fiscal year 2010 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $14,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572, as amended by section 533 of this Act.

(c)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

532.

Impact aid for children with severe disabilities

Of the amount authorized to be appropriated for fiscal year 2010 by section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

533.

Two-year extension of authority for assistance to local educational agencies with enrollment changes due to base closures, force structure changes, or force relocations

Section 572(b)(4) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b(b)(4)) is amended by striking September 30, 2010 and inserting September 30, 2012.

534.

Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents

Section 2164 of title 10, United States Code, is amended by adding at the end the following new subsection:

(j)

Tuition-free enrollment of dependents of foreign military personnel residing on domestic military installations and dependents of certain deceased members of the armed forces

(1)

The Secretary may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent not otherwise eligible for such enrollment who is the dependent of an individual described in paragraph (2). Enrollment of such a dependent shall be on a tuition-free basis.

(2)

An individual referred to in paragraph (1) is any of the following:

(A)

A member of a foreign armed force residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States).

(B)

A deceased member of the armed forces who died in the line of duty in a combat-related operation, as designated by the Secretary.

.

535.

Permanent authority for enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe

(a)

Permanent enrollment authority

Subsection (a)(2) of section 1404A of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 923a) is amended by striking , and only through the 2010-2011 school year.

(b)

Combatant commander advice and assistance

Subsection (c)(1) of such section is amended by adding at the end the following new sentence: The Secretary shall prescribe such methodology with the advice and assistance of the commander of the geographic combatant command with jurisdiction over Mons, Belgium..

536.

Determination of number of weighted student units for local educational agencies for receipt of basic support payments under impact aid

Section 8003(a)(2)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) is amended by striking 6,500 and inserting 5,000.

537.

Study on options for educational opportunities for dependent children of members of the Armed Forces when public schools attended by such children are determined to need improvement

(a)

Study on options for educational opportunities

(1)

Study required

The Secretary of Defense shall, in consultation with the Secretary of Education, conduct a study on options for educational opportunities that are, or may be, available for dependent children of members of the Armed Forces who do not attend Department of Defense dependents’ schools when the public elementary and secondary schools attended by such children are determined to be in need of improvement pursuant to section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)).

(2)

Options

The options to be considered under the study required by paragraph (1) may include the following:

(A)

Education programs offered through the Internet, including programs that are provided by the Department of Defense through the Internet.

(B)

Charter schools.

(C)

Such other public school options as the Secretary of Defense, in consultation with the Secretary of Education, considers appropriate for purposes of the study.

(3)

Elements

The study required by paragraph (1) shall address the following matters:

(A)

The challenges faced by parents of military families in securing quality elementary and secondary education for their children when the public elementary and secondary schools attended by their children are identified as being in need of improvement.

(B)

The extent to which perceptions of differing degrees of quality in public elementary and secondary schools in different regions of the United States affect plans of military families to relocate, including relocation pursuant to a permanent change of duty station.

(C)

The various reasons why military families seek educational opportunities for their children other than those available through local public elementary and secondary schools.

(D)

The current level of student achievement in public elementary and secondary schools in school districts which have a high percentage of students who are children of military families.

(E)

The educational needs of children of military families who are required by location to attend public elementary and secondary schools identified as being in need of improvement.

(F)

The value and impact of other alternative educational programs for military families.

(G)

The extent to which the options referred to in paragraph (2) would provide a meaningful option for education for military children when the public elementary and secondary schools attended by such children are determined to be in need of improvement.

(H)

The extent to which the options referred to in paragraph (2) would improve the quality of education available for students with special needs, including students with learning disabilities and gifted students.

(I)

Such other matters as the Secretary of Defense and Secretary of Education consider appropriate for purposes of the study.

(b)

Report

Not later than March 31, 2010, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Armed Services of the House of Representatives, and the Committee on Education and Labor of the House of Representatives a report on the study required by subsection (a). The report shall include the following:

(1)

A description of the results of the study.

(2)

Such recommendations for legislative or administrative action as the Secretary of Defense, in consultation with the Secretary of Education, considers appropriate in light of the results of the study.

538.

Comptroller General audit of assistance to local educational agencies for dependent children of members of the Armed Forces

(a)

In general

The Comptroller General of the United States shall conduct an audit of the utilization by local educational agencies of the assistance specified in subsection (b) provided to such agencies for fiscal years 2001 through 2009 for the education of dependent children of members of the Armed Forces. The audit shall include—

(1)

an evaluation of the utilization of such assistance by such agencies; and

(2)

an assessment of the effectiveness of such assistance in improving the quality of education provided to dependent children of members of the Armed Forces.

(b)

Assistance specified

The assistance specified in this subsection is the following:

(1)

Assistance provided under the following:

(A)

Section 551 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4468).

(B)

Section 571 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 119).

(C)

Section 572 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2225).

(D)

Section 574 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2226; 20 U.S.C. 7703b note).

(E)

Section 575 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2227; 10 U.S.C. 1788 note).

(F)

Section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b).

(G)

Section 574 of the National Defense Authorization Act for Fiscal Year 2006 (119 Stat. 3273).

(H)

Section 558 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1916).

(I)

Section 559 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (118 Stat. 1917).

(J)

Section 536 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1474).

(K)

Clauses (i) and (ii) of section 8003(b)(2)(H) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(H)).

(L)

Section 341 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2514).

(M)

Section 344 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (116 Stat. 2515).

(N)

Section 351 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1063).

(O)

Section 362 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–76).

(P)

Section 364 of the National Defense Authorization Act for Fiscal Year 2001 (114 Stat. 1654A–78)

(2)

Payments made under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (114 Stat. 1654A–77; 20 U.S.C. 7703a).

(c)

Report

Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report containing the results of the audit required by subsection (a).

539.

Sense of Congress on the Interstate Compact on Educational Opportunity for Military Children

It is the sense of Congress to—

(1)

express strong support and commendation for all the States that have successfully enacted the Interstate Compact on Educational Opportunity for Military Children;

(2)

express its strong support and encourage all remaining States to enact the Interstate Compact on Educational Opportunity for Military Children;

(3)

recognize the importance of the components of the Interstate Compact on Educational Opportunity for Military Children, including—

(A)

the transfer of educational records to expedite the proper enrollment and placement of students;

(B)

the ability of students to continue their enrollment at a grade level in the receiving State commensurate with their grade level from the sending State;

(C)

priority for attendance to children of members of the Armed Forces assuming the school district accepts transfer students;

(D)

the ability of students to continue their course placement, including but not limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical, and career pathways courses;

(E)

the recalculation of grades to consider the weights offered by a receiving school for the same performance in the same course when a student transfers from one grading system to another system (for example, number-based system to letter-based system);

(F)

the waiver of specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or the provision of an alternative means of acquiring required coursework so that graduation may occur on time; and

(G)

the recognition of an appointed guardian as a custodial parent while the child’s parent or parents are deployed; and

(4)

express strong support for States to develop a State Council to provide for the coordination among their agencies of government, local education agencies, and military installations concerning the participation of a State in the Interstate Compact on Educational Opportunity for Military Children.

E

Missing or Deceased Persons

541.

Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing in conflicts occurring before enactment of new system for accounting for missing persons

(a)

Imposition of additional requirements

Section 1509 of title 10, United States Code, is amended to read as follows:

1509.

Program to resolve preenactment missing person cases

(a)

Program required; covered conflicts

The Secretary of Defense shall implement a comprehensive, coordinated, integrated, and fully resourced program to account for persons described in subparagraph (A) or (B) of section 1513(1) of this title who are unaccounted for from the following conflicts:

(1)

World War II during the period beginning on December 7, 1941, and ending on December 31, 1946, including members of the armed forces who were lost during flight operations in the Pacific theater of operations covered by section 576 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 1501 note).

(2)

The Cold War during the period beginning on September 2, 1945, and ending on August 21, 1991.

(3)

The Korean War during the period beginning on June 27, 1950, and ending on January 31, 1955.

(4)

The Indochina War era during the period beginning on July 8, 1959, and ending on May 15, 1975.

(5)

The Persian Gulf War during the period beginning on August 2, 1990, and ending on February 28, 1991.

(6)

Such other conflicts in which members of the armed forces served as the Secretary of Defense may designate.

(b)

Implementation process

(1)

The Secretary of Defense shall implement the program within the Department of Defense POW/MIA accounting community.

(2)

For purposes of paragraph (1), the term POW/MIA accounting community means:

(A)

The Defense Prisoner of War/Missing Personnel Office (DPMO).

(B)

The Joint POW/MIA Accounting Command (JPAC).

(C)

The Armed Forces DNA Identification Laboratory (AFDIL).

(D)

The Life Sciences Equipment Laboratory of the Air Force (LSEL).

(E)

The casualty and mortuary affairs offices of the military departments.

(F)

Any other element of the Department of Defense whose mission (as designated by the Secretary of Defense) involves the accounting for and recovery of members of the armed forces who are missing in action, prisoners of war, or unaccounted for.

(c)

Treatment as missing persons

Each unaccounted for person covered by subsection (a) shall be considered to be a missing person for purposes of the applicability of other provisions of this chapter to the person.

(d)

Establishment of Personnel Files

(1)

The Secretary of Defense shall ensure that a personnel file is established and maintained for each person covered by subsection (a) if the Secretary—

(A)

possesses any information relevant to the status of the person; or

(B)

receives any new information regarding the missing person as provided in subsection (e).

(2)

The Secretary of Defense shall ensure that each file established under this subsection contains all relevant information pertaining to a person covered by subsection (a) and is readily accessible to all elements of the department, the combatant commands, and the armed forces involved in the effort to account for the person.

(3)

Each file established under this subsection shall be handled in accordance with, and subject to the provisions of, section 1506 of this title in the same manner as applies to the file of a missing person otherwise subject to such section.

(e)

Review of status requirements

(1)

If new information (as described in paragraph (3)) is found or received that may be related to one or more unaccounted for persons covered by subsection (a), whether or not such information specifically relates (or may specifically relate) to any particular such unaccounted for person, that information shall be provided to the Secretary of Defense.

(2)

Upon receipt of new information under paragraph (1), the Secretary shall ensure that—

(A)

the information is treated under paragraph (2) of subsection (c) of section 1505 of this title, relating to addition of the information to the personnel file of a person and notification requirements, in the same manner as information received under paragraph (1) under such subsection; and

(B)

the information is treated under paragraph (3) of subsection (c) and subsection (d) of such section, relating to a board review under such section, in the same manner as information received under paragraph (1) of such subsection (c).

(3)

For purposes of this subsection, new information is information that is credible and that—

(A)

is found or received after November 18, 1997, by a United States intelligence agency, by a Department of Defense agency, or by a person specified in section 1504(g) of this title; or

(B)

is identified after November 18, 1997, in records of the United States as information that could be relevant to the case of one or more unaccounted for persons covered by subsection (a).

(f)

Coordination requirements

(1)

In establishing and carrying out the program, the Secretary of Defense shall coordinate with the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, and the commanders of the combatant commands.

(2)

In carrying out the program, the Secretary of Defense shall establish close coordination with the Department of State, the Central Intelligence Agency, and the National Security Council to enhance the ability of the Department of Defense POW/MIA accounting community to account for persons covered by subsection (a).

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 76 of such title is amended by striking the item relating to section 1509 and inserting the following new item:

1509. Program to resolve preenactment missing person cases.

.

(c)

Conforming amendment

Section 1513(1) of such title is amended in the matter after subparagraph (B) by striking section 1509(b) of this title who is required by section 1509(a)(1) of this title and inserting subsection (a) of section 1509 of this title who is required by subsection (b) of such section.

(d)

Implementation

(1)

Priority

A priority of the program required by section 1509 of title 10, United States Code, as amended by subsection (a), to resolve missing person cases arising before the enactment of chapter 76 of such title by section 569 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 336) shall be the return of missing persons to United States control alive.

(2)

Accounting for goal

In implementing the program, the Secretary of Defense, in coordination with the officials specified in subsection (f)(1) of section 1509 of title 10, United States Code, shall provide such funds, personnel, and resources as the Secretary considers appropriate to increase significantly the capability and capacity of the Department of Defense, the Armed Forces, and commanders of the combatant commands to account for missing persons so that, beginning with fiscal year 2015, the POW/MIA accounting community has sufficient resources to ensure that at least 200 missing persons are accounted for under the program annually.

(3)

Definitions

In this subsection:

(A)

The term accounted for has the meaning given such term in section 1513(3)(B) of title 10, United States Code.

(B)

The term POW/MIA accounting community has the meaning given such term in section 1509(b)(2) of such title.

542.

Policy and procedures on media access and attendance by family members at ceremonies for the dignified transfer of remains of members of the Armed Forces who die overseas

(a)

Department of Defense policy and procedures on media access at ceremonies for dignified transfer of remains of members of the Armed Forces who die overseas

(1)

Policy required

Not later than April 1, 2010, the Secretary of Defense shall prescribe a policy guaranteeing media access at ceremonies for the dignified transfer of remains of members of the Armed Forces who die while located or serving overseas (in this section referred to as military decedents) when approved by the primary next of kin of such military decedents.

(2)

Procedures

The policy developed under paragraph (1) shall include procedures to be followed by the military departments in conducting appropriate ceremonies for the dignified transfer of remains of military decedents. The procedures shall be uniform across the military departments except to the extent necessary to reflect the traditional practices or customs of a particular military department.

(3)

Elements

The policy developed under paragraph (1) shall include, but not be limited to, the following:

(A)

Provision for access by media representatives to transfers described in paragraph (1) if approved in advance by the primary next of kin of the military decedent or their designee.

(B)

Procedures for designating with certainty who is authorized to make the decision to approve media access at transfer ceremonies described in that paragraph under reasonable, foreseeable circumstances.

(C)

Conditions for coverage that media representatives must comply with during such transfer ceremonies, and procedures for ensuring agreement in advance by media representatives with the conditions for coverage prescribed by military authorities.

(D)

Procedures for the waiver by the primary next of kin or other designees of Departmental polices relating to delays in release of casualty information to the media and general public, when such waiver is required.

(b)

Transportation to transfer ceremonies

(1)

Provision of transportation required

Section 411f of title 37, United States Code, is amended—

(A)

by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and

(B)

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

(e)

Transportation to transfer ceremonies of members of the armed forces who die overseas

(1)

The Secretary of the military department concerned may provide round trip transportation to ceremonies for the transfer of a member of the armed forces who dies while located or serving overseas to the following:

(A)

The primary next of kin of the member.

(B)

Two family members (other than primary next of kin) of the member.

(C)

One or more additional family members of the member, at the discretion of the Secretary.

(2)
(A)

For purposes of this subsection, the primary next of kin of a member of the armed forces shall be the eligible relatives of the member specified in subparagraphs (A) through (D) of subsection (c)(1).

(B)

The Secretaries of the military departments shall prescribe in regulations the family members of a member of the armed forces who shall constitute family members for purposes of subparagraphs (B) and (C) of paragraph (1). The Secretary of Defense shall ensure that such regulations are uniform across the military departments.

(3)

Transportation shall be provided under this subsection by means of Invitational Travel Authorizations.

(4)

The Secretary of a military department may, upon the request of the primary next of kin covered by paragraph (1)(A) and at the discretion of the Secretary, provide for the accompaniment of such next of kin in travel under this subsection by a casualty assistance officer or family liaison officer of the military department who shall act as an escort in such accompaniment.

.

(2)

Conforming and clerical amendments

(A)

Heading amendment

The heading of such section is amended to read as follows:

411f.

Travel and transportation allowances: transportation for survivors of deceased member to attend member's burial ceremonies; transportation for survivors of member dying overseas to attend transfer ceremonies

.

(B)

Clerical amendment

The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 411f and inserting the following new item:

411f. Travel and transportation allowances: transportation for survivors of deceased member to attend member's burial ceremonies; transportation for survivors of member dying overseas to attend transfer ceremonies.

.

(c)

Effective date

This section and the amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act.

543.

Report on expansion of authority of a member to designate persons to direct disposition of the remains of a deceased member

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report evaluating the potential effects of expanding the list of persons under section 1482(c) of title 10, United States Code, who may be designated by a member of the Armed Forces as the person authorized to direct disposition of the remains of the member if the member is deceased to include persons who are not family members of members of the Armed Forces.

544.

Sense of Congress on the recovery of the remains of members of the Armed Forces who were killed during World War II in the battle of Tarawa Atoll

Congress—

(1)

reaffirms its support for the recovery and return to the United States of the remains of members of the Armed Forces killed in battle, and for the efforts by the Joint POW-MIA Accounting Command to recover the remains of members of the Armed Forces from all wars;

(2)

recognizes the courage and sacrifice of the members of the Armed Forces who fought on Tarawa Atoll;

(3)

acknowledges the dedicated research and efforts by persons to identify, locate, and advocate for the recovery of remains from Tarawa; and

(4)

encourages the Department of Defense to review this research and, as appropriate, pursue new efforts to conduct field studies, new research, and undertake all feasible efforts to recover, identify, and return remains of members of the Armed Forces from Tarawa.

F

Decorations and Awards

551.

Authorization and request for award of Medal of Honor to Anthony T. Kaho’ohanohano for acts of valor during the Korean War

(a)

Authorization

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 3741 of such title to former Private First Class Anthony T. Kaho’ohanohano for the acts of valor during the Korean War described in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of then Private First Class Anthony T. Kaho’ohanohano of Company H of the 17th Infantry Regiment of the 7th Infantry Division on September 1, 1951, during the Korean War for which he was originally awarded the Distinguished-Service Cross.

552.

Authorization and request for award of Distinguished-Service Cross to Jack T. Stewart for acts of valor during the Vietnam War

(a)

Authorization

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army is authorized and requested to award the Distinguished-Service Cross under section 3742 of such title to former Captain Jack T. Stewart of the United States Army for the acts of valor during the Vietnam War described in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of Captain Jack T. Stewart as commander of a two-platoon Special Forces Mike Force element in combat with two battalions of the North Vietnamese Army on March 24, 1967, during the Vietnam War.

553.

Authorization and request for award of Distinguished-Service Cross to William T. Miles, Jr., for acts of valor during the Korean War

(a)

Authorization

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army is authorized and requested to award the Distinguished-Service Cross under section 3742 of such title to former Sergeant First Class William T. Miles, Jr., of the United States Army for the acts of valor during the Korean War described in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of Sergeant First Class William T. Miles, Jr,. as a member of United States Special Forces from June 18, 1951, to July 6, 1951, during the Korean War, when he fought a delaying action against enemy forces in order to allow other members of his squad to escape an ambush.

G

Military Family Readiness Matters

561.

Establishment of online resources to provide information about benefits and services available to members of the Armed Forces and their families

(a)

Internet outreach website

(1)

Establishment

The Secretary of Defense shall establish an Internet website or other online resources for the purpose of providing comprehensive information to members of the Armed Forces and their families about the benefits and services described in subsection (b) that are available to members of the Armed Forces and their families.

(2)

Contact information

The online resources shall provide contact information, both telephone and e-mail, that a member of the Armed Forces or dependent of the member can use to get specific information about benefits and services that may be available for the member or dependent.

(b)

Covered benefits and services

The information provided through the online resources established pursuant to subsection (a) shall include information regarding the following benefits and services that may be available to a member of the Armed Forces and dependents of the member:

(1)

Financial compensation, including financial counseling.

(2)

Health care and life insurance programs.

(3)

Death benefits.

(4)

Entitlements and survivor benefits for dependents, including offsets in the receipt of such benefits under the Survivor Benefit Plan and in connection with the receipt of dependency and indemnity compensation.

(5)

Educational assistance benefits, including limitations on and the transferability of such assistance.

(6)

Housing assistance benefits, including counseling.

(7)

Relocation planning and preparation.

(8)

Maintaining military records.

(9)

Legal assistance.

(10)

Quality of life programs.

(11)

Family and community programs.

(12)

Employment assistance upon separation or retirement of a member or for the spouse of the member.

(13)

Reserve component service for members completing service in a regular component.

(14)

Disability benefits, including offsets in connection with the receipt of such benefits.

(15)

Benefits and services provided under laws administered by the Secretary of Veterans Affairs.

(16)

Such other benefits and services as the Secretary of Defense considers appropriate.

(c)

Dissemination of information on availability on online resources

The Secretaries of the military departments shall use public service announcements, publications, and such other announcements through the general media as the Secretaries consider appropriate to inform members of the Armed Forces and their families and the general public about the information available through the online resources established pursuant to subsection (a).

(d)

Implementation report

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the quality and scope of the online resources established pursuant to subsection (a) to provide information about benefits and services for members of the Armed Forces and their families.

562.

Additional members on Department of Defense Military Family Readiness Council

(a)

Reserve component representation

Paragraph (1) of section 1781a(b) of title 10, United States Code, is amended—

(1)

by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;

(2)

by inserting after subparagraph (B) the following new subparagraph (C):

(C)

In addition to the representatives appointed under subparagraph (B)—

(i)

one representative from the Army National Guard or Air National Guard, who shall be appointed by the Secretary of Defense; and

(ii)

one representative from the Army Reserve, Navy Reserve, Marine Corps Reserve, or Air Force Reserve, who shall be appointed by the Secretary of Defense.

; and

(3)

in subparagraph (E), as redesignated by paragraph (1), by striking subparagraph (B) and inserting subparagraphs (B) and (C).

(b)

Term; rotation among reserve components

Paragraph (2) of such section is amended—

(1)

by striking paragraph (1)(C) and inserting subparagraphs (C) and (D) of paragraph (1); and

(2)

by adding at the end the following new sentences: Representation on the Council required by clause (i) of paragraph (1)(C) shall rotate between the Army National Guard and Air National Guard. Representation required by clause (ii) of such paragraph shall rotate among the reserve components specified in such clause..

563.

Support for military families with special needs

(a)

Office of Community Support for Military Families With Special Needs

(1)

In general

Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1781b the following new section:

1781c.

Office of Community Support for Military Families With Special Needs

(a)

Establishment

There is in the Office of the Under Secretary of Defense for Personnel and Readiness the Office of Community Support for Military Families With Special Needs (in this section referred to as the Office).

(b)

Purpose

The purpose of the Office is to enhance and improve Department of Defense support around the world for military families with special needs (whether medical or educational needs) through the development of appropriate policies, enhancement and dissemination of appropriate information throughout the Department of Defense, support for such families in obtaining referrals for services and in obtaining service, and oversight of the activities of the military departments in support of such families.

(c)

Director

(1)

The head of the Office shall be the Director of the Office of Community Support for Military Families With Special Needs, who shall be appointed by the Secretary of Defense from among civilian employees of the Department of Defense who are members of the Senior Executive Service or members of the armed forces in a general or flag grade.

(2)

The Director shall be subject to the supervision, direction, and control of the Under Secretary of Defense for Personnel and Readiness in the discharge of the responsibilities of the Office, and shall report directly to the Under Secretary regarding the discharge of such responsibilities.

(d)

Responsibilities

The Office shall have the responsibilities as follows:

(1)

To develop and implement a comprehensive policy on support for military families with special needs as required by subsection (e).

(2)

To establish and oversee the programs required by subsection (f).

(3)

To identify gaps in services available through the Department of Defense for military families with special needs.

(4)

To develop plans to address gaps identified under paragraph (3) through appropriate mechanisms, such as enhancing resources and training and ensuring the provision of special assistance to military families with special needs and military parents of individuals with special needs (including through the provision of training and seminars to members of the armed forces).

(5)

To monitor the programs of the military departments for the assignment of members of the armed forces who are members of military families with special needs, and the programs for the support of such military families, and to advise the Secretary of Defense on the adequacy of such programs in conjunction with the preparation of future-years defense programs and other budgeting and planning activities of the Department of Defense.

(6)

To monitor the availability and accessibility of programs provided by other Federal, State, local, and non-governmental agencies to military families with special needs.

(7)

To carry out such other matters with respect to the programs and activities of the Department of Defense regarding military families with special needs as the Under Secretary of Defense for Personnel and Readiness shall specify.

(e)

Policy

(1)

The Office shall develop, and update from time to time, a uniform policy for the Department of Defense regarding military families with special needs. The policy shall apply with respect to members of the armed forces without regard to their location, whether within or outside the continental United States.

(2)

The policy developed under this subsection shall include elements regarding the following:

(A)

The assignment of members of the armed forces who are members of military families with special needs.

(B)

Support for military families with special needs.

(3)

In addressing the assignment of members of the armed forces under paragraph (2)(A), the policy developed under this subsection shall, in a manner consistent with the needs of the armed forces and responsive to the career development of members of the armed forces on active duty, provide for such members each of the following:

(A)

Assignment to locations where care and support for family members with special needs are available.

(B)

Stabilization of assignment for a minimum of 4 years.

(4)

In addressing support for military families under paragraph (2)(B), the policy developed under this subsection shall provide the following:

(A)

Procedures to identify members of the armed forces who are members of military families with special needs.

(B)

Mechanisms to ensure timely and accurate evaluations of members of such families who have special needs.

(C)

Procedures to facilitate the enrollment of such members of the armed forces and their families in programs of the military department for the support of military families with special needs.

(D)

Procedures to ensure the coordination of Department of Defense health care programs and support programs for military families with special needs, and the coordination of such programs with other Federal, State, local, and non-governmental health care programs and support programs intended to serve such families.

(E)

Requirements for resources (including staffing) to ensure the availability through the Department of Defense of appropriate numbers of case managers to provide individualized support for military families with special needs.

(F)

Requirements regarding the development and continuous updating of an individualized services plan (medical and educational) for each military family with special needs.

(G)

Requirements for record keeping, reporting, and continuous monitoring of available resources and family needs under individualized services support plans for military families with special needs, including the establishment and maintenance of a central or various regional databases for such purposes.

(f)

Programs

(1)

The Office shall establish, maintain, and oversee a program to provide information and referral services on special needs matters to military families with special needs on a continuous basis regardless of the location of the member’s assignment. The program shall provide for timely access by members of such military families to individual case managers and counselors on matters relating to special needs.

(2)

The Office shall establish, maintain, and oversee a program of outreach on special needs matters for military families with special needs. The program shall—

(A)

assist military families in identifying whether or not they have a member with special needs; and

(B)

provide military families with special needs with information on the services, support, and assistance available through the Department of Defense regarding such members with special needs, including information on enrollment in programs of the military departments for such services, support, and assistance.

(3)
(A)

The Office shall provide support to the Secretary of each military department in the establishment and sustainment by such Secretary of a program for the support of military families with special needs under the jurisdiction of such Secretary. Each program shall be consistent with the policy developed by the Office under subsection (e).

(B)

Each program under this paragraph shall provide for appropriate numbers of case managers for the development and oversight of individualized services plans for educational and medical support for military families with special needs.

(C)

Services under a program under this paragraph may be provided by contract or other arrangements with non-Department of Defense entities qualified to provide such services.

(g)

Resources

The Secretary of Defense shall assign to the Office such resources, including personnel, as the Secretary considers necessary for the discharge of the responsibilities of the Office, including a sufficient number of members of the armed forces to ensure appropriate representation by the military departments in the personnel of the Office.

(h)

Reports

(1)

Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the activities of the Office.

(2)

Each report under this subsection shall include the following:

(A)

A description of any gaps in services available through the Department of Defense for military families with special needs that were identified under subsection (d)(3).

(B)

A description of the actions being taken, or planned, to address such gaps, including any plans developed under subsection (d)(4).

(C)

Such recommendations for legislative action as the Secretary considers appropriate to provide for the continuous improvement of support and services for military families with special needs.

(i)

Military family with special needs

For purposes of this section, a military family with special needs is any military family with one or more members who has a medical or educational special need (as defined by the Secretary in regulations for purposes of this section), including a condition covered by the Extended Health Care Option Program under section 1079f of this title.

.

(2)

Clerical amendment

The table of sections at the beginning of subchapter I of chapter 88 of such title is amended by inserting after the item relating to section 1781b the following new item:

1781c. Office of Community Support for Military Families With Special Needs.

.

(3)

Repeal of superseded authority

Section 587 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 133; 10 U.S.C. 1781 note) is repealed.

(b)

Foundation for Support of Military Families With Special Needs

(1)

Establishment authorized

The Secretary of Defense may establish a foundation for the provision of assistance to the Department of Defense in providing support to military families with special needs.

(2)

Purposes

The purposes of the foundation shall be to assist the Department of Defense as follows:

(A)

In conducting outreach to identify military families with special needs.

(B)

In developing programs to support and provide services to military families with special needs.

(C)

In developing educational curricula for the training of professional and paraprofessional personnel providing support and services on special needs to military families with special needs.

(D)

In conducting research on the following:

(i)

The unique factors associated with a military career (including deployments of members of the Armed Forces) and their effects on families and individuals with special needs.

(ii)

Evidence-based therapeutic and medical services for members of military families with special needs, including research in conjunction with non-Department of Defense entities such as the National Institutes of Health.

(E)

In providing vocational education and training for adolescent and adult members of military families with special needs.

(F)

In carrying out other initiatives to contribute to improved support for military families with special needs.

(3)

Department of Defense funding

The Secretary may provide the foundation such financial support as the Secretary considers appropriate, including the provision to the foundation of appropriated funds and non-appropriated funds available to the Department of Defense.

(4)

Annual report

The foundation shall submit to the Secretary, and to the congressional defense committees, each year a report on its activities under this subsection during the preceding year. Each report shall include, for the year covered by such report, the following:

(A)

A description of the programs and activities of the foundation.

(B)

The budget of the foundation, including the sources of any funds provided to the foundation.

(5)

Military family with special needs defined

In this subsection, the term military family with special needs has the meaning given such term in section 1781c(i) of title 10, United States Code (as added by subsection (a)).

(c)

Authorization of appropriations

In addition to any other amounts authorized to be appropriated for the Department of Defense for fiscal year 2010 for support of military families with special needs, there is hereby authorized to be appropriated to the Department of Defense for fiscal year 2010 for military personnel, $50,000,000 for purposes of carrying out this section and the amendments made by this section. Of such amount, not less than $40,000,000 shall be allocated to the military departments for the execution of programs and activities in carrying out this section and the amendments made by this section in fiscal year 2010.

564.

Pilot program to secure internships for military spouses with Federal agencies

(a)

Cost-reimbursement agreements with federal agencies

The Secretary of Defense may enter into an agreement with the head of an executive department or agency that has an established internship program to reimburse the department or agency for authorized costs associated with the first year of employment of an eligible military spouse who is selected to participate in the internship program of the department or agency.

(b)

Eligible military spouses

(1)

Eligibility

Except as provided in paragraph (2), any person who is married to a member of the Armed Forces on active duty is eligible for selection to participate in an internship program under a reimbursement agreement entered into under subsection (a).

(2)

Exclusions

Reimbursement may not be provided with respect to the following persons:

(A)

A person who is legally separated from a member of the Armed Forces under court order or statute of any State, the District of Columbia, or possession of the United States when the person begins the internship.

(B)

A person who is also a member of the Armed Forces on active duty.

(C)

A person who is a retired member of the Armed Forces.

(c)

Funding source

Amounts authorized to be appropriated for operation and maintenance, for Defense-wide activities, shall be available to carry out this section.

(d)

Definitions

In this section:

(1)

The term authorized costs includes the costs of the salary, benefits and allowances, and training for an eligible military spouse during the first year of the participation of the military spouse in an internship program pursuant to an agreement under subsection (a).

(2)

The term internship means a professional, analytical, or administrative position in the Federal Government that operates under a developmental program leading to career advancement.

(e)

Termination of agreement authority

No agreement may be entered into under subsection (a) after September 30, 2011. Authorized costs incurred after that date may be reimbursed under an agreement entered into before that date in the case of eligible military spouses who begin their internship by that date.

(f)

Reporting requirement

Not later than January 1, 2012, the Secretary of Defense shall submit to the congressional defense committees a report that provides information on how many eligible military spouses received internships pursuant to agreements entered into under subsection (a) and the types of internship positions they occupied. The report shall specify the number of interns who subsequently obtained permanent employment with the department or agency administering the internship program or with another department or agency. The Secretary shall include a recommendation regarding whether, given the investment of Department of Defense funds, the authority to enter into agreements should be extended, modified, or terminated.

565.

Family and medical leave for family of servicemembers

(a)

General Requirements for Leave

(1)

Definition of covered active duty

(A)

Definition

Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended—

(i)

by striking paragraph (14) and inserting the following:

(14)

Covered active duty

The term covered active duty means—

(A)

in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and

(B)

in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code.

; and

(ii)

by striking paragraph (15) and redesignating paragraphs (16) through (19) as paragraphs (15) through (18), respectively.

(B)

Leave

Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended—

(i)

in subsection (a)(1)(E)—

(I)

by striking active duty each place it appears and inserting covered active duty; and

(II)

by striking in support of a contingency operation; and

(ii)

in subsection (e)(3)—

(I)

in the paragraph heading, by striking active duty and inserting covered active duty;

(II)

by striking active duty each place it appears and inserting covered active duty; and

(III)

by striking in support of a contingency operation.

(C)

Conforming amendment

Section 103(f) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613(f)) is amended, in the subsection heading, by striking Active duty each place it appears and inserting Covered active duty.

(2)

Definition of covered servicemember

Paragraph (15) of section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) (as redesignated by paragraph (1)(A)(ii)) is amended to read as follows:

(15)

Covered servicemember

The term covered servicemember means—

(A)

a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or

(B)

a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

.

(3)

Definitions of serious injury or illness; veteran

Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is further amended by striking paragraph (18) (as redesignated by paragraph (1)(A)(ii)) and inserting the following:

(18)

Serious injury or illness

The term serious injury or illness

(A)

in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and

(B)

in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (15)(B), means a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

(19)

Veteran

The term veteran has the meaning given the term in section 101 of title 38, United States Code.

.

(4)

Technical amendment

Section 102(e)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) is amended by striking or parent and inserting parent, or covered servicemember.

(5)

Regulations

In prescribing regulations to carry out the amendments made by this subsection, the Secretary of Labor shall consult with the Secretary of Defense and the Secretary of Veterans Affairs, as applicable.

(b)

Leave for civil service employees

(1)

Exigency leave for servicemembers on covered active duty

(A)

Definition

Section 6381(7) of title 5, United States Code, is amended to read as follows:

(7)

the term covered active duty means—

(A)

in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and

(B)

in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code;

.

(B)

Leave

Section 6382 of title 5, United States Code, is amended—

(i)

in subsection (a)(1), by adding at the end the following:

(E)

Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.

;

(ii)

in subsection (b)(1), by inserting after the second sentence the following: Subject to subsection (e)(3) and section 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.;

(iii)

in subsection (d), by striking or (D) and inserting (D), or (E); and

(iv)

in subsection (e), by adding at the end the following:

(3)

In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable, whether because the spouse, or a son, daughter, or parent, of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty, the employee shall provide such notice to the employer as is reasonable and practicable.

.

(C)

Certification

Section 6383(f) of title 5, United States Code, is amended by striking section 6382(a)(3) and inserting paragraph (1)(E) or (3) of section 6382(a).

(2)

Definition of covered servicemember

Paragraph (8) of section 6381 of title 5, United States Code, is amended to read as follows:

(8)

the term covered servicemember means—

(A)

a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or

(B)

a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy;

.

(3)

Definitions of serious injury or illness; veteran

Section 6381 of title 5, United States Code, is further amended—

(A)

in paragraph (10), by striking and at the end; and

(B)

by striking paragraph (11) and inserting the following:

(11)

the term serious injury or illness

(A)

in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and

(B)

in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (8)(B), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran; and

(12)

the term veteran has the meaning given the term in section 101 of title 38, United States Code.

.

(4)

Technical amendment

Section 6382(e)(2)(A) of title 5, United States Code, is amended by striking or parent and inserting parent, or covered servicemember.

(5)

Regulations

In prescribing regulations to carry out the amendments made by this subsection, the Office of Personnel Management shall consult with the Secretary of Defense and the Secretary of Veterans Affairs, as applicable.

566.

Deadline for report on sexual assault in the Armed Forces by Defense Task Force on Sexual Assault in the Military Services

Section 576(e)(1) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1924; 10 U.S.C. 4331 note) is amended by striking one year after the initiation of its examination under subsection (b) and inserting December 1, 2009.

567.

Improved prevention and response to allegations of sexual assault involving members of the Armed Forces

(a)

Prevention and Response Plan

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a revised plan for the implementation of policies aimed at preventing and responding effectively to sexual assaults involving members of the Armed Forces. The revised implementation plan shall include, at a minimum, the following elements:

(1)

New initiatives aimed at reducing the number of sexual assaults, including timelines for implementation of such initiatives.

(2)

Requirements for monitoring and reporting on progress in implementation of such initiatives and methods to measure the effectiveness of plans that implement the policies of the Department of Defense regarding sexual assaults involving members of the Armed Forces.

(3)

Training programs for judge advocates, criminal investigators, commanders, prospective commanding officers, senior enlisted members, and personnel with less than six months of active-duty service.

(4)

Information about the status of implementation, funding requirements and budgetary implications, and overall utility of data reporting systems on incidents of sexual assault involving members of the Armed Forces.

(5)

Actions taken to implement recommendations of the Defense Task Force on Sexual Assault in the Military Services established pursuant to section 576 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 4331 note).

(6)

Information about the funding needed to fully implement initiatives aimed at preventing and responding to sexual assault involving members of the Armed Forces.

(b)

Sexual Assault Medical Forensic Examinations

(1)

Capability to conduct timely sexual assault medical forensic examinations in combat zones

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report evaluating the protocols and capabilities of the Armed Forces to conduct timely and effective sexual assault medical forensic examinations in combat zones. The report shall include, at a minimum, the following:

(A)

The current availability of sexual assault medical forensic examination protocols, trained personnel, and requisite equipment in combat zones.

(B)

An assessment of the barriers to providing timely sexual assault medical forensic examinations to victims of sexual assault at all echelons of care in combat zones.

(C)

Recommendations regarding improved capability to conduct timely and effective sexual assault medical forensic examinations in combat zones.

(2)

Tricare coverage for forensic medical examinations following sexual assaults

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the progress made in implementing section 1079(a)(17) of title 10, United States Code, as added by section 701 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2279).

(c)

Military Protective Orders

(1)

Requirement for data collection

(A)

In general

Pursuant to regulations prescribed by the Secretary of Defense, information shall be collected on—

(i)

whether a military protective order was issued that involved either the victim or alleged perpetrator of a sexual assault; and

(ii)

whether military protective orders involving members of the Armed Forces were violated in the course of substantiated incidents of sexual assaults against members of the Armed Forces.

(B)

Submission of data

The data required to be collected under this subsection shall be included in the annual report submitted to Congress on sexual assaults involving members of the Armed Forces.

(2)

Information to members

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report explaining the measures being taken to ensure that, when a military protective order has been issued, the member of the Armed Forces who is protected by the order is informed, in a timely manner, of the member’s option to request transfer from the command to which the member is assigned.

(d)

Comptroller General Report

(1)

Report required

Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing a review of the capability of each of the Armed Forces to timely and effectively investigate and adjudicate allegations of sexual assault against members of the Armed Forces. The Comptroller General shall determine whether existing policies and implementation plans of the Department of Defense, and the resources devoted for this purpose, are adequate or negatively affect the ability of each of the Armed Forces to facilitate the prevention, investigation, and adjudication of such allegations under the Uniform Code of Military Justice.

(2)

Elements of report

The report required by paragraph (1) shall refer to and incorporate the recommendations of the Defense Task Force on Sexual Assault in the Military Services regarding investigation and adjudication of sexual assault, and include a review of the following:

(A)

The procedures required by each of the Armed Forces for responding to allegations of sexual assault (including guidance to commanding officers, standard operating and reporting procedures, and related matters), and the personnel (including judge advocates) and budgetary resources available to each of the Armed Forces to respond to allegations of sexual assault.

(B)

The scope and effectiveness of personnel training methods regarding investigation and adjudication of sexual assault cases.

(C)

The capability to investigate and adjudicate sexual assault cases in combat zones.

(D)

An assessment whether the existing policies of the Department of Defense aimed at preventing and responding to incidents of sexual assault are adequate.

568.

Comptroller General report on progress made in implementing recommendations to reduce domestic violence in military families

(a)

Assessment

The Comptroller General shall review and assess the progress made by the Department of Defense in implementing the recommendations contained in the report by the Comptroller General entitled Military Personnel: Progress Made in Implementing Recommendations to reduce Domestic Violence, but Further Management Action Needed (GAO–06–540).

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report containing the results of the review and assessment under subsection (a).

569.

Report on impact of domestic violence on military families

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing—

(1)

an assessment of the impact of domestic violence in families of members of the Armed Forces on the children of such families; and

(2)

information on progress being made to ensure that children of families of members of the Armed Forces receive adequate care and services when such children are exposed to domestic violence.

570.

Report on international intrafamilial abduction of children of members of the Armed Forces

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State and the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the total number of children abducted from and returned to members of the Armed Forces in international intrafamilial abductions during the years 2007 through 2009, as such number was included in the numbers and elements of the annual Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction with respect to such years.

(b)

Elements

The report shall include an assessment of the following: