H.R. 5136 (111th): National Defense Authorization Act for Fiscal Year 2011

111th Congress, 2009–2010. Text as of Jun 28, 2010 (Placed on Calendar in the Senate).

Status & Summary | PDF | Source: GPO

II

Calendar No. 447

111th CONGRESS

2d Session

H. R. 5136

IN THE SENATE OF THE UNITED STATES

June 28, 2010

Received; read twice and placed on the calendar

AN ACT

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

1.

Short title

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2011.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into four 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—Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition 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.

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

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.

Subtitle B—Army Programs

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

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

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

Subtitle C—Navy Programs

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

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

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

Subtitle D—Air Force Programs

Sec. 131. Preservation and storage of unique tooling for F–22 fighter aircraft.

Subtitle E—Joint and Multiservice Matters

Sec. 141. Limitation on procurement of F–35 Lightning II aircraft.

Sec. 142. Limitations on biometric systems funds.

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

Sec. 144. Study on lightweight body armor solutions.

Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

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

Sec. 212. Limitation on obligation of funds for F–35 Lightning II aircraft program.

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

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

Subtitle C—Missile Defense Programs

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

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

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

Sec. 224. Homeland defense hedging policy.

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

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

Sec. 227. Reports on standard missile system.

Subtitle D—Reports

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

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

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

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

Subtitle E—Other Matters

Sec. 241. Escalation of force capabilities.

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

Sec. 243. Pilot program on collaborative energy security.

Sec. 244. Report on regional advanced technology clusters.

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

Title III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Energy and Environmental Provisions

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

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

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

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

Sec. 315. Exception to alternative fuel procurement requirement.

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

Subtitle C—Workplace and Depot Issues

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

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

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

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

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

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

Subtitle D—Reports

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

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

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

Sec. 334. Report on Air Sovereignty Alert mission.

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

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

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

Subtitle E—Limitations and Extensions of Authority

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

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

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

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

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

Sec. 346. Limitation on retirement of C–130 aircraft from Air Force inventory.

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

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

Subtitle F—Other Matters

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

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

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

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

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

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

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

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

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

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

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

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

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.

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 2011 limitation on number of non-dual status technicians.

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

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Title V—Military Personnel Policy

Subtitle A—Officer Personnel Policy Generally

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

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

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

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

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

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

Subtitle B—Reserve Component Management

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

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

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

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

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

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

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

Subtitle C—Joint Qualified Officers and Requirements

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

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

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

Subtitle D—General Service Authorities

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

Sec. 532. Correction of military records.

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

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

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

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

Subtitle E—Military Justice and Legal Matters

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

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

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

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

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

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

Subtitle F—Member Education and Training Opportunities and Administration

Sec. 551. Repayment of education loan repayment benefits.

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

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

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

Subtitle G—Defense Dependents’ Education

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

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

Subtitle H—Decorations, Awards, and Commemorations

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

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

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

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

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

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

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

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

Sec. 579. Establishment of Combat Medevac Badge.

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

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

Subtitle I—Military Family Readiness Matters

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

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

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

Sec. 584. Modification of Yellow Ribbon Reintegration Program.

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

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

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

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

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

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

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

Subtitle J—Other Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

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

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

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

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

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

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

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

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. Treatment of officers transferring between Armed Forces for receipt of aviation career special pay.

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

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

Subtitle C—Travel and Transportation Allowances

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

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

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

Subtitle D—Retired Pay and Survivor Benefits

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

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

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

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

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

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

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

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

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

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

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

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

Subtitle F—Alternative Career Track Pilot Program

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

Subtitle G—Other Matters

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

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

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

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

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

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

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

Title VII—Health Care Provisions

Subtitle A—Improvements to Health Benefits

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

Sec. 702. Extension of dependent coverage under TRICARE.

Sec. 703. Survivor dental benefits.

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

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

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

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

Subtitle B—Health Care Administration

Sec. 711. Administration of TRICARE.

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

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

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

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

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

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

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

Subtitle C—Other Matters

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

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

Sec. 723. National Casualty Care Research Center.

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

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

Sec. 726. Visiting NIH Senior Neuroscience Fellowship Program.

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

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

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

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

Subtitle A—Acquisition Policy and Management

Sec. 801. Disclosure to litigation support contractors.

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

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

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

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

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

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

Sec. 812. Small arms production industrial base matters.

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

Subtitle C—Studies and Reports

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

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

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

Sec. 824. Interim report on review of impact of covered subsidies on acquisition of KC–45 aircraft.

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

Subtitle D—Other Matters

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

Sec. 832. Energy savings performance contracts.

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 846. Procurement of photovoltaic devices.

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

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

Sec. 849. Debarment of BP and its subsidiaries.

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

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

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

Title IX—Department of Defense Organization and Management

Subtitle A—Department of Defense Management

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

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

Sec. 903. Unified medical command.

Subtitle B—Space Activities

Sec. 911. Integrated space architectures.

Subtitle C—Intelligence-Related Matters

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

Sec. 922. Space and counterspace intelligence analysis.

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

Subtitle D—Other Matters

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

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

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

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

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

Title X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

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

Sec. 1003. Budgetary effects of this Act.

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 counterterrorism activities.

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

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

Subtitle C—Naval Vessels and Shipyards

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

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

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

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

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

Subtitle D—Counterterrorism

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

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

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

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

Sec. 1035. Comprehensive review of force protection policies.

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

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

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

Subtitle E—Studies and Reports

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

Sec. 1042. Interagency national security knowledge and skills.

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

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

Sec. 1045. Report on nuclear triad.

Sec. 1046. Cybersecurity study and report.

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

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

Subtitle F—Other Matters

Sec. 1051. National Defense Panel.

Sec. 1052. Quadrennial defense review.

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

Sec. 1054. Department of Defense rapid innovation program.

Sec. 1055. Technical and clerical amendments.

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

Sec. 1057. Limitation on nuclear force reductions.

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

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

Sec. 1060. Electronic access to certain classified information.

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

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

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

Sec. 1064. Shared information regarding training exercises.

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

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

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

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

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

Title XI—Civilian Personnel Matters

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

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

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

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

Sec. 1105. Waiver of certain pay limitations.

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

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

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

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

Sec. 1110. Federal Internship Programs.

Title XII—Matters relating to foreign nations

Subtitle A—Assistance and training

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

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

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

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

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

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

Sec. 1212. Commanders’ Emergency Response Program.

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

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

Sec. 1215. Modification of reports relating to Afghanistan.

Sec. 1216. No permanent military bases in Afghanistan.

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

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

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

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

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

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

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

Subtitle C—Other matters

Sec. 1231. NATO Special Operations Coordination Center.

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

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

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

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

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

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

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

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

Title XIII—Cooperative Threat Reduction

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

Sec. 1302. Funding allocations.

Title XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

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

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

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

Sec. 1405. National Defense Sealift Fund.

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

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

Sec. 1408. Defense Inspector General.

Sec. 1409. Defense Health Program.

Subtitle B—National Defense Stockpile

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

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

Subtitle C—Other Matters

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

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

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. Defense-wide activities procurement.

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

Sec. 1508. National Guard and Reserve equipment.

Sec. 1509. Mine Resistant Ambush Protected Vehicle Fund.

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

Sec. 1511. Operation and maintenance.

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

Sec. 1513. Limitations on Iraq Security Forces Fund.

Sec. 1514. Military personnel.

Sec. 1515. Working capital funds.

Sec. 1516. Defense Health Program.

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

Sec. 1518. Defense Inspector General.

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

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

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

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

Title XVI—Improved Sexual Assault Prevention and Response in the Armed Forces

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

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

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

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

Sec. 1613. Guidance for commanders.

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

Sec. 1615. Oversight and evaluation.

Sec. 1616. Sexual assault reporting hotline.

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

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

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

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

Sec. 1621. Sexual Assault Advisory Board.

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

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

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

Subtitle B—Sexual Assault Prevention Strategy and Annual Reporting Requirement

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

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

Subtitle C—Amendments to Title 10

Sec. 1641. Sexual Assault Prevention and Response Office.

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

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

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

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

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

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

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

Subtitle D—Other Matters

Sec. 1661. Recruiter selection and oversight.

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

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

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

Title XVII—Federal information security

Subtitle A—Federal information security amendments

Sec. 1701. Coordination of Federal Information Policy.

Sec. 1702. Information security acquisition requirements.

Sec. 1703. Technical and conforming amendments.

Sec. 1704. Effective date.

Subtitle B—Federal chief technology officer

Sec. 1711. Office of the Chief Technology Officer.

Title XVIII—Guam World War II Loyalty Recognition Act

Sec. 1801. Short title.

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

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

Sec. 1804. Adjudication.

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

Sec. 1806. Authorization of appropriations.

Division B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

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

Sec. 2003. Effective date.

Sec. 2004. General reduction across division.

Title XXI—Army Military Construction

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

Sec. 2102. Family housing.

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

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

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

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

Title XXII—Navy Military Construction

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

Sec. 2202. Family housing.

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

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

Title XXIII—Air Force Military Construction

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

Sec. 2302. Family housing.

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

Title XXIV—Defense Agencies Military Construction

Subtitle A—Defense Agency Authorizations

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

Sec. 2402. Family housing.

Sec. 2403. Energy conservation projects.

Subtitle B—Chemical Demilitarization Authorizations

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

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

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 and authorization of appropriations.

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

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

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

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

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

Title XXVII—Base Realignment and Closure Activities

Subtitle A—Authorizations

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

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

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

Subtitle B—Other Matters

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

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing Changes

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

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

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

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

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

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

Subtitle B—Real Property and Facilities Administration

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

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

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

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

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

Subtitle C—Provisions Related to Guam Realignment

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

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

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

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

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

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

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

Subtitle D—Energy Security

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

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

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

Subtitle E—Land Conveyances

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

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

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

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

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

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

Subtitle F—Other Matters

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

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

Title XXIX—Overseas Contingency Operations Military Construction

Subtitle A—Fiscal Year 2010 Projects

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

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

Subtitle B—Fiscal Year 2011 Projects

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

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

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

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

Subtitle C—Other Matters

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

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. Energy security and assurance.

Subtitle B—Program Authorizations, Restrictions, and Limitations

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

Sec. 3112. Energy parks initiative.

Sec. 3113. Establishment of technology transfer centers.

Sec. 3114. Aircraft procurement.

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

Subtitle C—Reports

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

Sec. 3122. Report on graded security protection policy.

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 national security aspects of the merchant marine for fiscal year 2011.

Sec. 3502. Extension of Maritime Security Fleet program.

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

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

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

Division D—Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act

Sec. 100A. Short title.

Sec. 100B. Definition of congressional defense committees.

Title I—Defense Acquisition System

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

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

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

Sec. 104. Requirements for the acquisition of services.

Sec. 105. Joint evaluation task forces.

Sec. 106. Review of defense acquisition guidance.

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

Sec. 108. Procurement of military purpose nondevelopmental items.

Title II—Defense Acquisition Workforce

Sec. 201. Acquisition workforce excellence.

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

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

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

Sec. 205. Recertification and training requirements.

Sec. 206. Information technology acquisition workforce.

Sec. 207. Definition of acquisition workforce.

Sec. 208. Defense Acquisition University curriculum review.

Sec. 209. Cost estimating internship and scholarship programs.

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

Title III—Financial Management

Sec. 301. Incentives for achieving auditability.

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

Sec. 303. Review of obligation and expenditure thresholds.

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

Title IV—Industrial Base

Sec. 401. Expansion of the industrial base.

Sec. 402. Commercial pricing analysis.

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

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

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

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

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

Sec. 408.  Acquisition Savings Program.

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

Sec. 410. Industrial Base Council and Fund.

Title V—Other matters

Sec. 501. Clothing allowance requirement.

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

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.

4.

Treatment of successor contingency operation to Operation Iraqi Freedom

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

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

Procurement

A

Authorization of Appropriations

101.

Army

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

(1)

For aircraft, $5,986,361,000.

(2)

For missiles, $1,631,463,000.

(3)

For weapons and tracked combat vehicles, $1,616,245,000.

(4)

For ammunition, $1,946,948,000.

(5)

For other procurement, $9,398,728,000.

102.

Navy and Marine Corps

(a)

Navy

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

(1)

For aircraft, $19,132,613,000.

(2)

For weapons, including missiles and torpedoes, $3,350,894,000.

(3)

For shipbuilding and conversion, $15,724,520,000.

(4)

For other procurement, $6,450,208,000.

(b)

Marine Corps

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

(c)

Navy and Marine Corps Ammunition

Funds are hereby authorized to be appropriated for fiscal year 2011 for procurement of ammunition for the Navy and the Marine Corps in the amount of $817,991,000.

103.

Air Force

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

(1)

For aircraft, $15,355,908,000.

(2)

For ammunition, $672,420,000.

(3)

For missiles, $5,470,772,000.

(4)

For other procurement, $17,911,730,000.

104.

Defense-wide activities

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

B

Army Programs

111.

Procurement of early infantry brigade combat team increment one equipment

(a)

Limitation on production quantities

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

(b)

Applicability to long-lead production items

The limitation in subsection (a) includes procurement of a long-lead item for an element of a brigade set beyond the two brigade sets authorized under such subsection.

(c)

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 initial operational test and evaluation of the brigade set has been completed;

(B)

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

(C)

all of the subsystems tested in the initial operational test and evaluation were tested in the intended production configuration; and

(D)

all radios planned for fielding with the brigade set have received the appropriate National Security Agency approvals, as determined by the Under Secretary; and

(2)

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

(d)

Exception for meeting operational need statement requirements

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

112.

Report on Army battlefield network plans and programs

(a)

Report required

Not later than March 1, 2011, the Secretary of the Army shall submit to the congressional defense committees a report on plans for fielding tactical communications network equipment. Such report shall include—

(1)

an explanation of the current communications architecture of every level of the Army;

(2)

an explanation of the future communications architecture of every level of the Army;

(3)

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

(4)

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

(5)

for each item included in the list of equipment described in paragraph (3)—

(A)

an updated average procurement unit cost for each year of the covered 5-year period; and

(B)

the updated total Army acquisition objective.

(b)

Limitation on obligation of funds

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

(c)

Exception for meeting operational need statement requirements

The limitation in subsection (b) does not apply to the procurement of tactical radio or tactical communications network equipment if the procurement of such equipment is specifically intended to address an operational need statement requirement (as described in Army Regulation 71–9 or a successor regulation).

(d)

Tactical communications network equipment defined

In this section, the term tactical communications network equipment means all electronic communications systems operated by a tactical unit (of brigade size or smaller) of the Army.

113.

Limitation on use of funds for line-haul tractors

(a)

Limitation

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

(b)

Waiver

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

(1)

is needed to fulfill mission requirements; or

(2)

is more cost effective than a full and open competition.

C

Navy Programs

121.

Incremental funding for procurement of large naval vessels

(a)

Incremental funding of large naval vessels

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

(b)

LPD 26

With respect to the vessel designated LPD 26, the Secretary may use incremental funding for the procurement of such vessel through fiscal year 2012 if the Secretary determines that such incremental funding—

(1)

is in the best interest of the overall shipbuilding efforts of the Navy;

(2)

is needed to provide the Secretary with the ability to facilitate changes to the shipbuilding industrial base of the Navy; and

(3)

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

(c)

Condition for out-year contract payments

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

(d)

Definitions

In this section:

(1)

The term large naval vessel means a vessel—

(A)

that is—

(i)

an aircraft carrier designated a CVN;

(ii)

an amphibious assault ship designated LPD, LHA, LHD, or LSD; or

(iii)

an auxiliary vessel; and

(B)

that has a light ship displacement of 17,000 tons or more.

(2)

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

122.

Multiyear procurement of F/A–18E, F/A–18F, and EA–18G aircraft

(a)

Multiyear procurement

(1)

Additional authority

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

(e)

Updated report

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

(f)

Required authority

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

(g)

Exception to certain requirement

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

(h)

Use of funds

(1)

Procurement

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

(2)

Use of excess funds

The Secretary of Defense shall ensure that any excess funds are obligated or expended for the advance procurement or procurement of F/A–18E or F/A–18F aircraft under this section, regardless of whether such aircraft are in addition to the 515 F/A–18E and F/A–18F aircraft planned by the Secretary of the Navy.

(3)

Excess funds defined

In this subsection, the term excess funds, with respect to funds available for the advance procurement or procurement of F/A–18E, F/A–18F, or EA–18G aircraft under this section, means the amount of funds that is equal to the difference of—

(A)

the sum of—

(i)

the funds authorized to be appropriated by this Act or otherwise available for fiscal year 2010 for the advance procurement and procurement of F/A–18E, F/A–18F, or EA–18G aircraft; and

(ii)

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

(B)

the funds required to execute the multiyear contracts for the advance procurement and procurement of such aircraft under this section.

.

(2)

Extension of certification

Paragraph (2) of subsection (a) of such section is amended by striking a reference to March and inserting a reference to September.

(b)

Full funding certification

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

123.

Report on naval force structure and missile defense

(a)

Report

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

(b)

Matters included

The report shall include the following:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

A description of both the shortfalls and the benefits of expected technological advancements in the sea-based missile defense program.

(7)

A description of the anticipated plan for deployment of Aegis ballistic missile ships within the context of the fleet response plan.

D

Air Force Programs

131.

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

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

E

Joint and Multiservice Matters

141.

Limitation on procurement of F–35 Lightning II aircraft

(a)

Limitation

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

(1)

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

(2)

a period of 15 days has elapsed after the date of such receipt.

(b)

Certifications

Not later than January 15, 2011—

(1)

the Under Secretary of Defense for Acquisition, Technology, and Logistics shall certify in writing to the congressional defense committees that—

(A)

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

(B)

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

(C)

facility configuration and industrial tooling capability and capacity is sufficient to support production of at least 42 F–35 aircraft for fiscal year 2011;

(D)

block 1.0 software has been released and is in flight test;

(E)

the Secretary of Defense has—

(i)

determined that two F–35 aircraft from low-rate initial production 1 have met established criteria for acceptance; and

(ii)

accepted such aircraft for delivery; and

(F)

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

(2)

the Director of Operational Test and Evaluation shall certify in writing to the congressional defense committees that—

(A)

the F–35C aircraft designated as CF–1 has effectively accomplished its first flight;

(B)

the 394 F–35 aircraft test flights planned in the schedule to occur during 2010 have been completed with sufficient results;

(C)

95 percent of the 3,772 flight test points planned for completion in 2010 were accomplished;

(D)

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

(E)

six F136 engines have been made available for testing; and

(F)

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

(c)

Waiver

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

(1)

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

(2)

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

(A)

delay or otherwise negatively affect the F–35 aircraft test schedule for fiscal year 2011;

(B)

impede production of 42 F–35 aircraft in such fiscal year; and

(C)

otherwise increase risk to the F–35 aircraft program.

(3)

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

(d)

Schedule defined

In this section, the term schedule means the F–35 Lightning II program update schedule received by the congressional defense committees on March 15, 2010.

142.

Limitations on biometric systems funds

(a)

General limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2011 for biometrics programs and operations, not more than 85 percent may be obligated or expended until—

(1)

the Secretary of Defense submits to the congressional defense committees a report on the actions taken—

(A)

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

(B)

to implement the recommendations of the Comptroller General of the United States included in the report of the Comptroller General numbered GAO–08–1065 dated September 2008;

(C)

to implement the recommendations of the Comptroller General included in the report of the Comptroller General numbered GAO–09–49 dated October 2008;

(D)

to fully and completely characterize the current biometrics architecture and establish the objective architecture for the Department of Defense;

(E)

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

(F)

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

(2)

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

(b)

Specific limitation

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

143.

Counter-improvised explosive device initiatives database

(a)

Comprehensive database

(1)

In general

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

(2)

Use of information

Using information contained in the database developed under paragraph (1), the Secretary, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall—

(A)

identify and eliminate redundant counter-improvised explosive device initiatives;

(B)

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

(C)

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

(3)

Coordination

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

(b)

Metrics

The Secretary of Defense, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall—

(1)

develop appropriate means to measure the effectiveness of counter-improvised explosive device initiatives; and

(2)

prioritize the funding of such initiatives according to such means.

(c)

Elimination of prior notice requirement

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

(1)

by striking paragraph (4); and

(2)

by redesignating paragraph (5) as paragraph (4).

(d)

Counter-improvised explosive device initiative defined

In this section, the term counter-improvised explosive device initiative means any project, program, or research activity funded by any component of the Department of Defense that is intended to assist or support efforts to counter, combat, or defeat the use of improvised explosive devices.

144.

Study on lightweight body armor solutions

(a)

Study required

The Secretary of Defense shall enter into a contract with a federally funded research and development center to conduct a study to—

(1)

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

(2)

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

(b)

Matters covered

The study conducted under subsection (a) shall include findings and recommendations regarding the following:

(1)

The requirement for lighter weight body armor and personal protective equipment and the ability of the Secretary to meet such requirement.

(2)

Innovative design ideas for more modular body armor that allow for scalable protection levels for various missions and threats.

(3)

The need for research, development, and acquisition funding dedicated specifically for reducing the weight of body armor.

(4)

The efficiency and effectiveness of current body armor funding procedures and processes.

(5)

Industry concerns, capabilities, and willingness to invest in the development and production of lightweight body armor initiatives.

(6)

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

(7)

Changes to procedures or policy with respect to lightweight body armor.

(8)

Other areas of concern not previously addressed by equipping boards, body armor producers, or program managers.

(c)

Submission to congress

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

II

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

A

Authorization of Appropriations

201.

Authorization of appropriations

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

(1)

For the Army, $10,316,754,000.

(2)

For the Navy, $17,978,646,000.

(3)

For the Air Force, $27,269,902,000.

(4)

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

B

Program Requirements, Restrictions, and Limitations

211.

Report requirements for replacement program of the Ohio-class ballistic missile submarine

(a)

Findings

Congress makes the following findings:

(1)

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

(2)

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

(3)

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

(4)

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

(b)

Sense of Congress

It is the sense of Congress that—

(1)

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

(2)

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

(3)

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

(c)

Limitation

(1)

Report

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

(A)

the Secretary of Defense submits to the congressional defense committees a report including—

(i)

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

(ii)

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

(I)

the cost estimates for each alternative capability;

(II)

the operational challenges and benefits associated with each alternative capability; and

(III)

the time needed to develop and deploy each alternative capability; and

(iii)

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

(B)

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

(2)

Form

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

212.

Limitation on obligation of funds for F–35 Lightning II aircraft program

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

213.

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

(a)

Annual budget

Chapter 9 of title 10, United States Code, is amended by adding at the end the following new section:

236.

Budgeting for competitive propulsion system for F–35 Lightning II aircraft

(a)

Annual budget

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

(b)

Future-years defense program

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

(c)

Requirement to obligate and expend funds

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

(d)

Definitions

In this section:

(1)

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

(2)

The term defense budget materials, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by at the end the following new item:

236. Budgeting for competitive propulsion system for F–35 Lightning II aircraft.

.

(c)

Conforming repeal

Section 213 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is repealed.

214.

Separate program elements required for research and development of Joint Light Tactical Vehicle

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

C

Missile Defense Programs

221.

Limitation on availability of funds for missile defenses in Europe

(a)

Limitation on construction and deployment of systems

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

(1)

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

(2)

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

(b)

Limitation on procurement or deployment of interceptors

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

(c)

Conforming repeal

Section 234 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–81; 123 Stat. 2234) is repealed.

222.

Repeal of prohibition of certain contracts by Missile Defense Agency with foreign entities

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

223.

Phased, adaptive approach to missile defense in Europe

(a)

Sense of congress

It is the sense of Congress that—

(1)

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

(2)

the cost, performance, and risk of such approach to missile defense should be well understood; and

(3)

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

(b)

Report required

(1)

Report

The Secretary of Defense shall submit to the congressional defense committees a report on the phased, adaptive approach to missile defense in Europe.

(2)

Matters included

The report under paragraph (1) shall include the following:

(A)

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

(i)

a description of any alternatives considered;

(ii)

the criteria used to analyze each such alternative; and

(iii)

the result of each analysis, including a description of the criteria used to judge each alternative.

(B)

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

(C)

A description of the architecture for each of the four phases of the phased, adaptive approach to missile defense in Europe, including—

(i)

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

(ii)

program schedules and site-specific schedules with task activities, test plans, and knowledge and decision points;

(iii)

technology maturity levels of missile defense assets and plans for retiring technical risks;

(iv)

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

(v)

operational concepts and how such operational concepts effect force structure and inventory requirements;

(vi)

total cost estimates and funding profiles, by year, for acquisition, fielding, and operations and support; and

(vii)

acquisition strategies.

(3)

GAO

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

(c)

Limitation on funds

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

224.

Homeland defense hedging policy

(a)

Findings

Congress finds the following:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(b)

Policy

It shall be the policy of the United States to—

(1)

field missile defense systems in Europe that—

(A)

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

(B)

have been confirmed to perform the assigned mission after successful, operationally realistic testing;

(2)

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

(3)

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

(4)

continue the development and testing of the two-stage ground-based interceptor to maintain it—

(A)

as a means of protection in the event that—

(i)

the intermediate-range ballistic missile threat to NATO allies in Europe materializes before the availability of the standard missile–3 block IIA interceptor;

(ii)

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

(iii)

technical challenges or schedule delays affect the standard missile–3 block IIA interceptor or the standard missile–3 block IIB interceptor; and

(B)

as a complement to the missile defense capabilities deployed in Alaska and California for the defense of the United States.

225.

Independent assessment of the plan for defense of the homeland against the threat of ballistic missiles

(a)

Finding

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

(b)

Assessment

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

(c)

Elements

The assessment required by subsection (b) shall include an assessment of the following:

(1)

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

(2)

The military requirements for defending the territory of the United States against such missile threats.

(3)

The capabilities of the missile defense elements available to defend the territory of the United States as of the date of the assessment.

(4)

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

(5)

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

(6)

The infrastructure necessary to achieve such capabilities, including the number and location of operational silos.

(7)

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

(d)

Report

(1)

In general

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

(2)

Form

The report shall be in unclassified form, but may include a classified annex.

226.

Study on ballistic missile defense capabilities of the United States

(a)

Study

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

(b)

Elements

The study under paragraph (1) shall include, at a minimum, the following:

(1)

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

(2)

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

(3)

An analysis of mobile and fixed missile defense assets.

(c)

Report

(1)

In general

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

(2)

Form

The report shall be in unclassified form, but may include a classified annex.

227.

Reports on standard missile system

(a)

Reports

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

(b)

Matters included

The reports under subsection (a) shall include the following:

(1)

A detailed discussion of the modernization, capabilities, and limitations of the standard missile.

(2)

A review of the standard missile’s comparison capability against all expected threats.

(3)

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

(4)

Any industrial capacities that must be maintained to ensure adequate manufacturing of standard missile technology and production ratio.

D

Reports

231.

Report on analysis of alternatives and program requirements for the Ground Combat Vehicle program

(a)

Report required

Not later than January 15, 2011, the Secretary of the Army shall provide to the congressional defense committees a report on the Ground Combat Vehicle program of the Army. Such report shall include—

(1)

the results of the analysis of alternatives conducted prior to milestone A, including any technical data; and

(2)

an explanation of any plans to adjust the requirements of the Ground Combat Vehicle program during the technology development phase of such program.

(b)

Form

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

(c)

Limitation on obligation of funds

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

232.

Cost benefit analysis of future tank-fired munitions

(a)

Cost benefit analysis required

(1)

In general

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

(2)

Elements

The cost benefit analysis under paragraph (1) shall include—

(A)

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

(B)

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

(C)

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

(3)

Munitions included

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

(b)

Report

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

233.

Annual comptroller general report on the VH–(XX) presidential helicopter acquisition program

(a)

Annual GAO Review

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

(b)

Annual reports

(1)

In general

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

(2)

Matters to Be Included

Each report on the review of the VH–(XX) aircraft acquisition program shall include the following:

(A)

The extent to which the program is meeting development and procurement cost, schedule, performance, and risk mitigation goals.

(B)

With respect to meeting the desired initial operational capability and full operational capability dates for the VH–(XX) aircraft, the progress and results of—

(i)

developmental and operational testing of the aircraft; and

(ii)

plans for correcting deficiencies in aircraft performance, operational effectiveness, reliability, suitability, and safety.

(C)

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

(D)

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

(E)

A risk assessment of the integrated master schedule and the test and evaluation master plan of the VH–(XX) aircraft as it relates to—

(i)

the probability of success;

(ii)

the funding required for such aircraft compared with the funding programmed; and

(iii)

development and production concurrency.

(3)

Additional information

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

(A)

the analysis of alternatives;

(B)

the initial capabilities document;

(C)

the capabilities development document; and

(D)

the systems requirement document.

234.

Joint assessment of the joint effects targeting system

(a)

Review

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

(b)

Report

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

E

Other Matters

241.

Escalation of force capabilities

(a)

Non-lethal demonstration program

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

(b)

Technology tested

Technologies evaluated under subsection (a) shall include crowd control, area denial, space clearing, and personnel incapacitation tools.

(c)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that—

(1)

evaluates operational and situational suitability for each non-lethal weapon tested;

(2)

defines the tactics, techniques, and procedures approved for deployment of each non-lethal weapon by service;

(3)

identifies deployment schemes for each type of non-lethal weapon by service; and

(4)

details, by service, the number of units receiving pre-deployment training on each non-lethal weapon and the total number of units trained.

(d)

Procurement line item

In the budget materials submitted to the President by the Secretary of Defense in connection with submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2012, and each subsequent fiscal year, the Secretary shall ensure that within each military department procurement account, a separate, dedicated procurement line item is designated for non-lethal weapons.

242.

Pilot program to include technology protection features during research and development of defense systems

(a)

Pilot program

The Secretary of Defense shall carry out a pilot program to develop and incorporate technology protection features in a designated system during the research and development phase of such system.

(b)

Funding

Of the amounts authorized to be appropriated by this Act for research, development, test, and evaluation, Defense-wide, not more than $5,000,000 may be available to carry out this section.

(c)

Annual Reports

Not later than December 31 of each year in which the Secretary carries out the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program established under this section, including a list of each designated system included in the program.

(d)

Termination

The pilot program established under this section shall terminate on October 1, 2015.

(e)

Definitions

In this section:

(1)

The term designated system means any system (including a major system, as defined in section 2302(5) of title 10, United States Code) that the Under Secretary of Defense for Acquisition, Technology, and Logistics designates as being included in the pilot program established under this section.

(2)

The term technology protection features means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.

243.

Pilot program on collaborative energy security

(a)

Pilot program

The Secretary of Defense, in coordination with the Secretary of Energy, shall carry out a collaborative energy security pilot program involving one or more partnerships between one military installation and one national laboratory, for the purpose of evaluating and validating secure, salable microgrid components and systems for deployment.

(b)

Selection of military installation and national laboratory

The Secretary of Defense and the Secretary of Energy shall jointly select a military installation and a national laboratory for the purpose of carrying out the pilot program under this section. In making such selections, the Secretaries shall consider each of the following:

(1)

A commitment to participate made by a military installation being considered for selection.

(2)

The findings and recommendations of relevant energy security assessments of military installations being considered for selection.

(3)

The availability of renewable energy sources at a military installation being considered for selection.

(4)

Potential synergies between the expertise and capabilities of a national laboratory being considered for selection and the infrastructure, interests, or other energy security needs of a military installation being considered for selection.

(5)

The effects of any utility tariffs, surcharges, or other considerations on the feasibility of enabling any excess electricity generated on a military installation being considered for selection to be sold or otherwise made available to the local community near the installation.

(c)

Program elements

The pilot program shall be carried out as follows:

(1)

Under the pilot program, the Secretaries shall evaluate and validate the performance of new energy technologies that may be incorporated into operating environments.

(2)

The pilot program shall involve collaboration with the Office of Electricity Delivery and Energy Reliability of the Department of Energy and other offices and agencies within the Department of Energy, as appropriate, and the Environmental Security Technical Certification Program of the Department of Defense.

(3)

Under the pilot program, the Secretary of Defense shall investigate opportunities for any excess electricity created for the military installation to be sold or otherwise made available to the local community near the installation.

(4)

The Secretary of Defense shall use the results of the pilot program as the basis for informing key performance parameters and validating energy components and designs that could be implemented in various military installations across the country and at forward operating bases.

(5)

The pilot program shall support the effort of the Secretary of Defense to use the military as a test bed to demonstrate innovative energy technologies.

(d)

Implementation and duration

The Secretary of Defense shall begin the pilot program under this section by not later than July 1, 2011. Such pilot program shall be not less than three years in duration.

(e)

Reports

(1)

Initial report

Not later than October 1, 2011, the Secretary of Defense shall submit to the appropriate congressional committees an initial report that provides an update on the implementation of the pilot program under this section, including an identification of the selected military installation and national laboratory partner and a description of technologies under evaluation.

(2)

Final report

Not later than 90 days after completion of the pilot program under this section, the Secretary shall submit to the appropriate congressional committees a report on the pilot program, including any findings and recommendations of the Secretary.

(f)

Funding

(1)

Department of Defense

Of the funds authorized to be appropriated by section 201 for fiscal year 2011 for research, development, test, and evaluation, Defense-wide, $5,000,000 is available to carry out this section.

(2)

Department of Energy

Upon determination by the Secretary of Energy that the program under this section is relevant and consistent with the mission of the Department of Energy to lead the modernization of the electric grid, enhance the security and reliability of the energy infrastructure, and facilitate recovery from disruptions to energy supply, the Secretary may transfer funds made available for the Office of Electricity Delivery and Energy Reliability of the Department of Energy in order to carry out this section.

(g)

Definitions

For purposes of this section:

(1)

The term appropriate congressional committees means—

(A)

the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Science and Technology of the House of Representatives; and

(B)

the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Commerce, Science, and Transportation of the Senate.

(2)

The term microgrid means an integrated energy system consisting of interconnected loads and distributed energy resources (including generators, energy storage devices, and smart controls) that can operate with the utility grid or in an intentional islanding mode.

(3)

The term national laboratory means—

(A)

a national laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or

(B)

a national security laboratory (as defined in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471)).

244.

Report on regional advanced technology clusters

(a)

Report

Not later than March 1, 2011, the Secretary of Defense shall submit to the appropriate congressional committees a report on regional advanced technology clusters.

(b)

Matters included

The report under subsection (a) shall include the following:

(1)

An analysis of regional advanced technology clusters throughout the United States, including—

(A)

an estimate of the amount of public and private funding activities within each cluster;

(B)

an assessment of the technical competencies of each of these regional advanced technology clusters;

(C)

a comparison of the technical competencies of each regional advanced technology clusters with the technology needs of the Department of Defense; and

(D)

a review of current Department of Defense interaction, cooperation, or investment in regional advanced technology clusters.

(2)

A strategic plan for encouraging the development of innovative, advanced technologies, such as robotics and autonomous systems, to address national security, homeland security, and first responder challenges by—

(A)

enhancing regional advanced technology clusters that support the technology needs of the Department of Defense; and

(B)

identifying and assisting the expansion of additional new regional advanced technology clusters to foster research and development into emerging, disruptive technologies identified through strategic planning documents of the Department of Defense.

(3)

An identification of the resources needed to establish, sustain, or grow regional advanced technology clusters.

(4)

An identification of mechanisms for collaborating and cost sharing with other state, local, and Federal agencies with respect to regional advanced technology clusters, including any legal impediments that may inhibit collaboration or cost sharing.

(c)

Definitions

In this section:

(1)

The term appropriate congressional committees means the following:

(A)

The Committees on Armed Services, Appropriations, and Small Business of the House of Representatives.

(B)

The Committees on Armed Services, Appropriations, and Small Business and Entrepreneurship of the Senate.

(2)

The term regional advanced technology cluster means geographic centers focused on building science and technology-based innovation capacity in areas of local and regional strength to foster economic growth and improve quality of life.

245.

Sense of Congress affirming the importance of Department of Defense participation in development of next generation semiconductor technologies

(a)

Findings

Congress makes the following findings:

(1)

The next generation of weapons systems, battlefield sensors, and intelligence platforms will need to be lighter, more agile, consume less power, and have greater computational power, which can only be achieved by decreasing the feature size of integrated circuits to the nanometer scale.

(2)

There is a growing concern in the Department of Defense and the United States intelligence community over the offshore shift in development and production of high capacity semiconductors. Reliance on providers of semiconductors in the United States high tech industry will mitigate the security risks of such an offshore shift.

(3)

The use of extreme-ultraviolet lithography (EUVL) is recognized in the semiconductor industry as critical to the development of the next generation of integrated circuits.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

the United States should establish research and development facilities to take the lead in producing the next generation of integrated circuits;

(2)

the Department of Defense should support the establishment of a public-private partnership of defense laboratory scientists and engineers, university researchers, integrated circuit designers and fabricators, tool manufacturers, material and chemical suppliers, and metrology and inspection tool fabricators to develop extreme-ultraviolet lithography (EUVL) technologies on 300 micrometer and 450 micrometer wafers; and

(3)

the targeted feature size of integrated circuits for EUVL development in the United States should be the 15 nanometer node.

III

OPERATION AND MAINTENANCE

A

Authorization of Appropriations

301.

Operation and maintenance funding

Funds are hereby authorized to be appropriated for fiscal year 2011 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

(1)

For the Army, $34,232,221,000.

(2)

For the Navy, $37,976,443,000.

(3)

For the Marine Corps, $5,568,340,000.

(4)

For the Air Force, $36,684,588,000.

(5)

For Defense-wide activities, $30,200,596,000.

(6)

For the Army Reserve, $2,942,077,000.

(7)

For the Naval Reserve, $1,374,764,000.

(8)

For the Marine Corps Reserve, $287,234,000.

(9)

For the Air Force Reserve, $3,311,827,000.

(10)

For the Army National Guard, $6,628,525,000.

(11)

For the Air National Guard, $5,980,139,000.

(12)

For the United States Court of Appeals for the Armed Forces, $14,068,000.

(13)

For the Acquisition Development Workforce Fund, $229,561,000.

(14)

For Environmental Restoration, Army, $444,581,000.

(15)

For Environmental Restoration, Navy, $304,867,000.

(16)

For Environmental Restoration, Air Force, $502,653,000.

(17)

For Environmental Restoration, Defense-wide, $10,744,000.

(18)

For Environmental Restoration, Formerly Used Defense Sites, $296,546,000.

(19)

For Overseas Humanitarian, Disaster, and Civic Aid programs, $108,032,000.

(20)

For Cooperative Threat Reduction programs, $522,512,000.

B

Energy and Environmental Provisions

311.

Reimbursement of Environmental Protection Agency for certain costs in connection with the Twin Cities Army Ammunition Plant, Minnesota

(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 to the Hazardous Substance Superfund not more than $5,611,670.67 for fiscal year 2011.

(2)

Purpose of reimbursement

A payment made under paragraph (1) is to reimburse the Environmental Protection Agency for all costs the Agency has incurred through fiscal year 2011 relating to the response actions performed by the Department of Defense under the Defense Environmental Restoration Program at the Twin Cities Army Ammunition Plant, Minnesota.

(3)

Interagency agreement

The reimbursement described in paragraph (2) is provided for in an interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Twin Cities Army Ammunition Plant that took effect in December 1987.

(b)

Source of funds

A payment under subsection (a) shall be made using funds authorized to be appropriated for fiscal year 2011 to the Department of Defense for operation and maintenance for Environmental Restoration, Army.

(c)

Use of funds

The Environmental Protection Agency shall use the amounts transferred under subsection (a) to pay costs incurred by the Agency at the Twin Cities Army Ammunition Plant.

312.

Payment to Environmental Protection Agency of stipulated penalties in connection with Naval Air Station, Brunswick, Maine

(a)

Authority to transfer funds

From amounts authorized to be appropriated for fiscal year 2011 for the Department of Defense Base Closure Account 2005, and notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer an amount of not more than $153,000 to the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1986.

(b)

Purpose of transfer

The purpose of a transfer made under subsection (a) is to satisfy a stipulated penalty assessed by the Environmental Protection Agency on June 12, 2008, against Naval Air Station, Brunswick, Maine, for the failure of the Navy to sample certain monitoring wells in a timely manner pursuant to a schedule included in the Federal facility agreement for Naval Air Station, Brunswick, which was entered into by the Secretary of the Navy and the Administrator of the Environmental Protection Agency on October 19, 1990.

(c)

Acceptance of payment

If the Secretary of Defense makes a transfer authorized under subsection (a), the Administrator of the Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty referred to in subsection (b).

313.

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

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a testing and certification plan for the operational use of a biofuel that—

(1)

is derived from materials that do not compete with food stocks; and

(2)

is suitable for use for military purposes as an aviation fuel or in an aviation-fuel blend.

314.

Report identifying hybrid or electric propulsion systems and other fuel-saving technologies for incorporation into tactical motor vehicles

(a)

Identification of usable alternative technology

Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall submit to Congress a report identifying hybrid or electric propulsion systems and other vehicle technologies that reduce consumption of fossil fuels and are suitable for incorporation into the current fleet of tactical motor vehicles of each Armed Force under the jurisdiction of the Secretary. In identifying suitable alternative technologies, the Secretary shall consider the feasibility and cost of incorporating the technology, the design changes and amount of time required for incorporation, and the overall impact of incorporation on vehicle performance.

(b)

Hybrid defined

In this section, the term hybrid refers to a propulsion system, including the engine and drive train, that draws energy from onboard sources of stored energy that involve—

(1)

an internal combustion or heat engine using combustible fuel; and

(2)

a rechargeable energy storage system.

315.

Exception to alternative fuel procurement requirement

Section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is amended—

(1)

by striking No Federal agency and inserting (a) Requirement.—Except as provided in subsection (b), no Federal agency; and

(2)

by adding at the end the following:

(b)

Exception

Subsection (a) does not prohibit a Federal agency from entering into a contract to purchase a generally available fuel that is not an alternative or synthetic fuel or predominantly produced from a nonconventional petroleum source, if—

(1)

the contract does not specifically require the contractor to provide an alternative or synthetic fuel or fuel from a nonconventional petroleum source;

(2)

the purpose of the contract is not to obtain an alternative or synthetic fuel or fuel from a nonconventional petroleum source; and

(3)

the contract does not provide incentives for a refinery upgrade or expansion to allow a refinery to use or increase its use of fuel from a nonconventional petroleum source.

.

316.

Information sharing relating to investigation of exposure to drinking water contamination at Camp Lejeune, North Carolina

By not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide the Agency for Toxic Substances and Disease Registry with an electronic inventory of all existing documents, records, and electronic data pertaining to the CERCLA listed and RCRA listed contamination sites at Camp Lejeune and all existing documents, records, and electronic data pertaining to the contaminated drinking water at Camp Lejeune. If after the date of enactment of this Act, the Secretary of Defense generates new documents, records and electronic data, or comes into possession of existing documents, records or electronic data not previously included in the electronic inventory, the Secretary of the Navy shall provide the Agency for Toxic Substances and Disease Registry with an updated electronic inventory incorporating the newly located or generated documents, records and electronic data. The Secretary of the Navy shall ensure that Department of Defense personnel with appropriate experience and expertise, including in the area of environmental engineering and the conduct of water modeling, working in conjunction with the Agency for Toxic Substances and Disease Registry, are utilized to identify, compile, and submit existing and new documents, records, and electronic data in Navy and Marine Corps records and electronic libraries that would assist the Agency for Toxic Substances and Disease Registry in gathering data relating to the contamination and remediation of Camp Lejeune base-wide drinking-water systems.

C

Workplace and Depot Issues

321.

Technical amendments to requirement for service contract inventory

Section 2330a(c)(1) of title 10, United States Code, is amended—

(1)

in the matter preceding subparagraph (A), by inserting after the first sentence the following new sentence: The guidance for compiling the inventory shall be issued by the Under Secretary of Defense for Personnel and Readiness, as supported by the Under Secretary of Defense (Comptroller) and the Under Secretary of Defense for Acquisition, Technology, and Logistics.; and

(2)

by striking subparagraph (E) and inserting the following new subparagraph (E):

(E)

The number and work location of contractor employees, expressed as full-time equivalents for direct labor, using direct labor hours and associated cost data collected from contractors.

.

322.

Repeal of conditions on expansion of functions performed under prime vendor contracts for depot-level maintenance and repair

Section 346 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 1979; 10 U.S.C. 2464 note) is repealed.

323.

Pilot program on best value for contracts for private security functions

(a)

Pilot program authorized

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program under which the Secretary shall implement a best value procurement standard in entering into contracts for the provision of private security functions in Afghanistan and Iraq. In entering into a covered contract under the pilot program, in addition to taking into consideration the cost of the contract, the Secretary shall take into consideration each of the following:

(1)

Past performance.

(2)

Quality.

(3)

Delivery.

(4)

Management expertise.

(5)

Technical approach.

(6)

Experience of key personnel.

(7)

Management structure.

(8)

Risk.

(9)

Such other matters as the Secretary determines are appropriate.

(b)

Justification

A covered contract under the pilot program may not be awarded unless the contracting officer for the contract justifies in writing the reason for the award of the contract.

(c)

Annual report

Not later than January 15 of each year the pilot program under this section is carried out, the Secretary of Defense shall submit to the congressional defense committees an unclassified report containing each of the following:

(1)

A list of any covered contract awarded for private security functions in Afghanistan and Iraq under the pilot program.

(2)

A description of the matters that the Secretary of Defense took into consideration, in addition to cost, in awarding each such contract.

(3)

Any additional information or recommendations the Secretary considers appropriate to include with respect to the pilot program, the contracts awarded under the pilot program, or the considerations for evaluating such contracts.

(d)

Termination of program

The authority of the Secretary of Defense to carry out a pilot program under this section terminates on September 30, 2013. The termination of the authority shall not affect the validity of contracts that are awarded or modified during the period of the pilot program, without regard to whether the contracts are performed during the period.

(e)

Discretionary implementation after September 30, 2013

After September 30, 2013, implementation of a best value procurement standard in entering into contracts for the provision of private security functions in Afghanistan and Iraq shall be at the discretion of the Secretary of Defense.

(f)

Definitions

In this section:

(1)

The term best value means providing the best overall benefit to the Government in accordance with the tradeoff process described in section 15.101–1 of title 48 of the Code of Federal Regulations.

(2)

The term covered contract means—

(A)

a contract of the Department of Defense for the performance of services; or

(B)

a task order or delivery order issued under such a contract.

(3)

The term private security functions means guarding, by a contractor under a covered contract, of personnel, facilities, or property of a Federal agency, the contractor, a subcontractor of a contractor, or a third party.

324.

Standards and certification for private security contractors

(a)

Third-party certification policy guidance

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall issue policy guidance requiring, as a condition for award of a covered contract for the provision of private security functions, that each contractor receive certification from a third party that the contractor adheres to specified operational and business practice standards. The guidance shall—

(1)

establish criteria for defining standard practices for the performance of private security functions, which shall reflect input from industry representatives as well as the Inspector General of the Department of Defense;

(2)

establish criteria for weapons training programs for contractors performing private security functions, including minimum requirements for weapons training programs of instruction and minimum qualifications for instructors for such programs; and

(3)

identify organizations that can carry out the certifications.

(b)

Regulations required

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense supplement to the Federal Acquisition Regulation to carry out the requirements of this section and the guidance issued under this section.

(c)

Definitions

In this section:

(1)

The term covered contract means—

(A)

a contract of the Department of Defense for the performance of services;

(B)

a subcontract at any tier under such contract;

(C)

a task order or delivery order issued under such a contract or subcontract.

(2)

The term contractor means, with respect to a covered contract, the contractor or subcontractor carrying out the covered contract.

(3)

The term private security functions means activities engaged in by a contractor under a covered contract as follows:

(A)

Guarding of personnel, facilities, or property of a Federal agency, the contractor or subcontractor, or a third party.

(B)

Any other activity for which personnel are required to carry weapons in the performance of their duties.

(d)

 Exception

The requirements of this section shall not apply to contracts entered into by elements of the intelligence community in support of intelligence activities.

325.

Prohibition on establishing goals or quotas for conversion of functions to performance by Department of Defense civilian employees

(a)

Prohibition

The Secretary of Defense may not establish, apply, or enforce any numerical goal, target, or quota for the conversion of Department of Defense function to performance by Department of Defense civilian employees, unless such goal, target, or quota is based on considered research and analysis, as required by section 235, 2330a, or 2463 of title 10, United States Code.

(b)

Decisions to insource

In deciding which functions should be converted to performance by Department of Defense civilian employees pursuant to section 2463 of title 10, United States Code, the Secretary of Defense shall use the costing methodology outlined in the Directive-Type Memorandum 09–007 (Estimating and Comparing the Full Costs of Civilian and Military Manpower and Contractor Support) or any successor guidance for the determination of costs when costs are the sole basis for the decision. The Secretary of a military department may issue supplemental guidance to assist in such decisions affecting functions of that military department.

(c)

Reports

(1)

Report to Congress

Not later than December 31, 2010, the Secretary of Defense shall submit to the congressional defense committees a report on the decisions with respect to the conversion of functions to performance by Department of Defense civilian employees made during fiscal year 2010. Such report shall identify, for each such decision—

(A)

the agency or service of the Department involved in the decision;

(B)

the basis and rationale for the decision; and

(C)

the number of contractor employees whose functions were converted to performance by Department of Defense civilian employees.

(2)

Comptroller General review

Not later than 120 days after the submittal of the report under paragraph (1), the Comptroller General of the United States shall submit to the congressional defense committees an assessment of the report.

326.

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

Section 2463 of title 10, United States Code, is amended—

(1)

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

(2)

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

(f)

Treatment of contributions to health and retirement plans

For purposes of conducting a cost comparison to determine whether to convert a function from contractor performance to performance by Department of Defense civilian employee, the costs of employer contributions made by the Department of Defense or by a contractor towards employer-sponsored health benefits and retirement benefits plans shall not be considered unless, in the case of such contributions made by a contractor, the contractor does not receive an advantage for reducing costs for the Department of Defense by—

(1)

not making an employer-sponsored health insurance plan available to the contractor employees who perform the function under the contract;

(2)

offering to such employees an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Federal Government for health benefits for civilian employees under chapter 89 of title 5, United States Code; or

(3)

offering to such employees a retirement benefit that, in any year, costs less than the annual retirement cost factor applicable to Federal employees under chapter 84 of title 5, United States Code.

.

D

Reports

331.

Revision to reporting requirement relating to operation and financial support for military museums

(a)

Change in frequency of report

Subsection (a) of section 489 of title 10, United States Code, is amended by striking As part of and all that follows through fiscal year— and inserting the following: As part of the budget materials submitted to Congress for every odd-numbered fiscal year, in connection with the submission of the budget for that fiscal year pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report on military museums. In each such report, the Secretary shall identify all military museums that, during the most recently completed two fiscal-year period—

(b)

Repeal of required report element

Subsection (b) of such section is amended—

(1)

by striking paragraph (5); and

(2)

by redesignating paragraph (6) as paragraph (5).

(c)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

489.

Department of Defense operation and financial support for military museums: biennial report

.

(2)

Table of sections

The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 489 and inserting the following new item:

489. Department of Defense operation and financial support for military museums: biennial report.

.

332.

Additional reporting requirements relating to corrosion prevention projects and activities

Section 2228(e) of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (C), by striking The and inserting For the fiscal year covered by the report and the preceding fiscal year, the; and

(B)

by adding at the end the following new subparagraph:

(E)

For the fiscal year covered by the report and the preceding fiscal year, the amount of funds requested in the budget for each project or activity described in subparagraph (E) compared to the funding requirements for the project or activity.

;

(2)

in paragraph (2)(B), by inserting before the period at the end the following: , including the annex to the report described in paragraph (3); and

(3)

by adding at the end the following new paragraph:

(3)

Each report under this section shall include, in an annex to the report, a copy of the annual corrosion report most recently submitted by the corrosion control and prevention executive of each military department under section 903(b)(5) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4567; 10 U.S.C. 2228 note).

.

333.

Modification and repeal of certain reporting requirements

(a)

Modification of report on Army progress

Section 323 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2146; 10 U.S.C. 229 note) is amended—

(1)

by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and

(2)

in subsection (d), as so redesignated, by striking or (d).

(b)

Repeal of report on disposition of reserve equipment

Title III of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) is amended by striking section 349.

(c)

Repeal of report on readiness of ground forces

Title III of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended by striking section 355.

334.

Report on Air Sovereignty Alert mission

(a)

Report required

Not later than March 1, 2011, the Commander of the United States Northern Command and the North American Aerospace Defense Command (hereinafter in this section referred to as NORTHCOM) shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives a report on the Air Sovereignty Alert (hereinafter in this section referred to as ASA) Mission and Operation Noble Eagle (hereinafter in this section referred to as ONE).

(b)

Consultation

NORTHCOM shall consult with the Director of the National Guard Bureau who shall be authorized to review and provide independent analysis and comments on the report required under subsection (a).

(c)

Contents of Report

The report required under subsection (a) shall include each of the following:

(1)

An evaluation of the current ASA mission and ONE.

(2)

An evaluation of each of the following:

(A)

The current ability to perform the mission with regards to training, equipment, funding, and military construction.

(B)

Any current deficiencies in the mission.

(C)

Any changes in threats which would allow for any change in number of ASA sites or force structure required to support the ASA mission.

(D)

Future ability to perform the ASA mission with current and programmed equipment.

(E)

Coverage of units with respect to—

(i)

population centers covered;

(ii)

targets of value covered, including symbolic (national monuments, sports venue, and centers of commerce), critical infrastructure (nuclear plants, dams, bridges, and telecommunication nodes) and national security (military bases and organs of government); and

(iii)

an unclassified, notional area of responsibility conforming to the unclassified response time of unit represented graphically on a map and detailing total population covered and number of targets described in clause (ii).

(3)

Status of implementation of the recommendations made in the Government Accountability Office Report entitled Actions Needed to Improve Management of Air Sovereignty Alert Operations to Protect U.S. Airspace (GAO–09–184).

(d)

Means of Delivery of Report

The report required by subsection (a) shall be unclassified, and NORTHCOM shall brief the Committees on Armed Services of the Senate and House of Representatives at the appropriate classification level.

335.

Report on the SEAD/DEAD mission requirement for the Air Force

(a)

Report Required

Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives a report describing the feasibility and desirability of designating the Suppression of Enemy Air Defenses/Destruction of Enemy Air Defenses (hereinafter in this section referred to as SEAD/DEAD) mission as a responsibility of the Air National Guard.

(b)

Contents of Report

The report required under subsection (a) shall include each of the following:

(1)

An evaluation of the SEAD/DEAD mission, as in effect on the date of the enactment of this Act.

(2)

An evaluation of the following with respect to the SEAD/DEAD mission:

(A)

The current ability of the Air National Guard to perform the mission with regards to training, equipment, funding, and military construction.

(B)

Any current deficiencies of the Air National Guard to perform the mission.

(C)

The corrective actions and costs required to address any deficiencies described in subparagraph (B).

(D)

The need for SEAD/DEAD ranges to be constructed on existing ranges operated, controlled, or used by Air National Guard units based on geographic considerations of proximity and utility.

(c)

Consultation

The Secretary of the Air Force shall consult with the Director of the National Guard Bureau who shall be authorized to review and provide independent analysis and comments on the report required under subsection (a).

336.

Requirement to update study on strategic seaports

The Commander of the United States Transportation Command shall update the study entitled PORT LOOK 2008 Strategic Seaports Study. In updating the study under this section, the commander shall consider the infrastructure in the vicinity of a strategic port, including bridges, roads, and rail, and any issues relating to the capacity and condition of such infrastructure.

337.

Study and report on feasibility of joint usage of the NASA Shuttle Logistics Depot

(a)

Study

The Secretary of Defense, in conjunction with the Administrator of the National Aeronautics and Space Administration, shall conduct a study of the feasibility of joint usage of the National Aeronautics and Space Administration Shuttle Logistics Depot in Cape Canaveral, Florida, to supplement requirements for products and services in support of reset initiatives, Advanced Technology Clusters, engineering and reverse engineering analysis, and development of innovative technology and processes to improve product procurement and reduce risk, cost, and cycle time of system delivery.

(b)

Report

Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the committees on Armed Services of the Senate and House of Representatives a report on the study required under subsection (a).

E

Limitations and Extensions of Authority

341.

Permanent authority to accept and use landing fees charged for use of domestic military airfields by civil aircraft

(a)

In general

Chapter 159 of title 10, United States Code, is amended by adding at the end the following new section:

2697.

Acceptance and use of landing fees charged for use of domestic military airfields by civil aircraft

(a)

Authority

The Secretary of a military department may impose landing fees for the use by civil aircraft of domestic military airfields under the jurisdiction of that Secretary and may use any fees received under this section as a source of funding for the operation and maintenance of airfields of that department.

(b)

Uniform landing fees

The Secretary of Defense shall prescribe the amount of the landing fees that may be imposed under this section. Such fees shall be uniform among the military departments.

(c)

Use of proceeds

Amounts received for a fiscal year in payment of landing fees imposed under this section for the use of a military airfield shall be credited to the appropriation that is available for that fiscal year for the operation and maintenance of that military airfield, shall be merged with amounts in the appropriation to which credited, and shall be available for that military airfield for the same period and purposes as the appropriation is available.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

2697. Acceptance and use of landing fees charged for use of domestic military airfields by civil aircraft.

.

342.

Improvement and extension of Arsenal Support Program Initiative

(a)

Improvement

(1)

In general

Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 10 U.S.C. 4551 note) is amended—

(A)

in subsection (b), by striking paragraphs (3) and (4) and redesignating paragraphs (5) through (11) as paragraphs (3) through (9), respectively;

(B)

by striking subsection (d) and redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively.

(2)

Effective date

The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act.

(b)

Prioritization of program purposes

The Secretary of the Army shall—

(1)

prioritize the purposes of the Arsenal Support Program Initiative under section 343(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; U.S.C. 4551 note), as amended by subsection (a)(1)(A); and

(2)

issue guidance to the appropriate commands reflecting such priorities.

(c)

Extension

(1)

In general

Such section, as amended by subsection (a)(1) of this section, is further amended—

(A)

in subsection (a), by striking 2010 and inserting 2012; and

(B)

in paragraph (1) of subsection (f), as redesignated by subsection (a)(1)(B) of this section, by striking 2010 and inserting 2012.

(2)

Effective date

The amendments made by paragraph (1) shall take effect on the date of the submittal of the report required under subsection (d).

(d)

Report required

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to Congress a report on the Arsenal Support Program Initiative that includes—

(1)

the Secretary’s determination with respect to the Army’s highest priorities from among the purposes of the Arsenal Support Program Initiative under section 343(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; U.S.C. 4551 note), as amended by subsection (a)(1)(A), reflecting the Secretary’s overall strategy to achieve desired results;

(2)

performance goals for the Arsenal Support Program Initiative; and

(3)

outcome-focused performance measures to assess the progress the Army has made toward addressing the purposes of the Arsenal Support Program Initiative.

343.

Extension of authority to reimburse expenses for certain Navy mess operations

Section 1014(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4585) is amended by striking September 30, 2010 and inserting September 30, 2012.

344.

Limitation on obligation of funds for the Army Human Terrain System

(a)

Limitation

Of the amounts authorized to be appropriated for the Human Terrain System (hereinafter in this section referred to as the HTS) that are described in subsection (b), not more than 50 percent of the amounts remaining unobligated as of the date of enactment of this Act may be obligated until the Secretary of the Army submits to the congressional defense committees each of the following:

(1)

The independent assessment of the HTS called for in the report of the Committee on Armed Services of the House of Representatives accompanying the National Defense Authorization Act for Fiscal Year 2010 (H. Rept. 111–166).

(2)

A validation of all HTS requirements, including any prior joint urgent operations needs statements.

(3)

A certification that policies, procedures, and guidance are in place to protect the integrity of social science researchers participating in HTS, including ethical guidelines and human studies research procedures.

(b)

Covered authorizations or appropriations

The amounts authorized to be appropriated described in this subsection are amounts authorized to be appropriated for fiscal year 2011, including such amounts authorized to be appropriated for oversees contingency operations, for—

(1)

Operation and maintenance for HTS;

(2)

Procurement for Mapping the Human Terrain hardware and software; and

(3)

Research, development, test, and evaluation for Mapping the Human Terrain hardware and software.

345.

Limitation on obligation of funds pending submission of classified justification material

Of the amounts authorized to be appropriated in this title for fiscal year 2011 for the Office of the Secretary of Defense for budget activity four, line 270, not more than 90 percent may be obligated until 15 days after the information cited in the classified annex accompanying this Act relating to the provision of classified justification material to Congress is provided to the congressional defense committees.

346.

Limitation on retirement of C–130 aircraft from Air Force inventory

The Secretary of the Air Force may not take any action to retire any C–130 aircraft from the inventory of the Air Force until 30 days after the date on which the Secretary submits to the congressional defense committees a written agreement between the Director of the Air National Guard, the Commander of Air Force Reserve Command, and the Chief of Staff of the Air Force. The agreement shall specify the following:

(1)

The number of and type of C–130 aircraft to be transferred, on a temporary basis, from the Air National Guard to the Air Force.

(2)

The schedule by which any C–130 aircraft transferred to the Air Force will be returned to the Air National Guard.

(3)

A description of the condition, including the estimated remaining service life, in which the C–130 aircraft will be returned to the Air National Guard following the period during which the aircraft are on loan to the Air Force.

(4)

A description of the allocation of resources, including the designation of responsibility for funding aircraft operations and maintenance, in fiscal year 2011, and detailed description of budgetary responsibilities through the remaining period the aircraft are on loan to the Air Force.

(5)

The designation of responsibility for funding depot maintenance requirements or modifications to the aircraft during the period the aircraft are on loan with the Air Force, or otherwise generated as a result of transfer.

(6)

The locations from which the C–130 aircraft will be transferred.

(7)

The manpower planning and certification that such a transfer will not result in manpower authorization reductions or resourcing at the Air National Guard facilities identified in paragraph (6).

(8)

The manner by which Air National Guard personnel affected by the transfer will maintain their skills and proficiencies in order to preserve readiness at the affected units.

(9)

Any other items the Director of the Air National Guard or the Commander of Air Force Reserve Command determine are necessary in order to ensure such a transfer will not negatively impact the ability of the Air National Guard and Air Force Reserve to accomplish their respective missions.

347.

Commercial sale of small arms ammunition in excess of military requirements

(a)

Commercial sale of small arms ammunition

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

(b)

Deadline for guidance

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

348.

Limitation on Air Force fiscal year 2011 force structure announcement implementation

None of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2011 may be obligated or expended for the purpose of implementing the Air Force fiscal year 2011 Force Structure Announcement until 45 days after—

(1)

the Secretary of the Air Force provides a detailed report to the Committees on Armed Services of the Senate and House of Representatives on the follow-on missions for bases affected by the 2010 Combat Air Forces restructure; and

(2)

the Secretary of the Air Force certifies to the Committees on Armed Services of the Senate and House of Representatives that the Air Sovereignty Alert Mission will be fully resourced with required funding, personnel, and aircraft.

F

Other Matters

351.

Expedited processing of background investigations for certain individuals

(a)

Expedited processing of security clearances

Section 1564 of title 10, United States Code, is amended—

(1)

by striking subsection (a) and inserting the following new subsection (a):

(a)

Expedited process

The Secretary of Defense may prescribe a process for expediting the completion of the background investigations necessary for granting security clearances for—

(1)

Department of Defense personnel and Department of Defense contractor personnel who are engaged in sensitive duties that are critical to the national security; and

(2)

any individual who submits an application for a position as an employee of the Department of Defense for which a security clearance is required who is a member of the armed forces who was retired or separated for physical disability pursuant to chapter 61 of this title.

; and

(2)

by adding at the end the following new subsection:

(f)

Use of appropriated funds

The Secretary of Defense may use funds authorized to be appropriated to the Department of Defense for operation and maintenance to conduct background investigations under this section for individuals described in subsection (a)(2).

.

(b)

Effective date

The amendment made by subsection (a) shall apply with respect to a background investigation conducted after the date of the enactment of this Act.

352.

Adoption of military working dogs by family members of deceased or seriously wounded members of the Armed Forces who were handlers of the dogs

Section 2583(c) of title 10, United States Code, is amended—

(1)

by inserting (1) before Military animals; and

(2)

by adding at the end the following new paragraph:

(2)

For purposes of making a determination under subsection (a)(2), unusual or extraordinary circumstances may include situations in which the handler of a military working dog is a member of the armed forces who is killed in action, dies of wounds received in action, or is so seriously wounded in action that the member will (or most likely will) receive a medical discharge. If the Secretary of the military department concerned determines that an adoption is justified in such a situation, the military working dog shall be made available for adoption only by the immediate family of the member.

.

353.

Revision to authorities relating to transportation of civilian passengers and commercial cargoes by Department of Defense when space unavailable on commercial lines

(a)

Transportation on DOD vehicles and aircraft

Subsection (a) of section 2649 of title 10, United States Code, is amended—

(1)

by inserting Authority.— before Whenever; and

(2)

by inserting , vehicles, or aircraft in the first sentence after vessels both places it appears.

(b)

Amounts charged for transportation in emergency, disaster, or humanitarian response cases

(1)

Limitation on amounts charged

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

(2)

Crediting of receipts

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

(c)

Transportation during contingencies or disaster responses

Such section is further amended by adding at the end the following new subsection:

(c)

Transportation of allied personnel during contingencies or disaster responses

(1)

During the 5-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011, when space is available on vessels, vehicles, or aircraft operated by the Department of Defense and the Secretary of Defense determines that operations in the area of a contingency operation or disaster response would be facilitated if allied forces or civilians were to be transported using such vessels, vehicles, or aircraft, the Secretary may provide such transportation on a noninterference basis, without charge.

(2)

Not later than March 1 of each year following a year in which the Secretary provides transportation under paragraph (1), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing, in detail, the transportation so provided during that year. Each such report shall include a description of each of the following:

(A)

How the authority under paragraph (1) was used during the year covered by the report.

(B)

The frequency with which such authority was used during that year.

(C)

The rationale of the Secretary for each such use of the authority.

(D)

The total cost of the transportation provided under paragraph (1) during that year.

(E)

The appropriation, fund, or account credited and the total amount received as a result of providing transportation under paragraph (1) during that year.

.

(d)

Conforming amendment

Section 2648 of such title is amended by inserting , vehicles, or aircraft after vessels in the matter preceding paragraph (1).

(e)

Technical amendments

(1)

The heading of section 2648 of such title is amended to read as follows:

2648.

Persons and supplies: sea, land, and air transportation

.

(2)

The heading of section 2649 of such title is amended to read as follows:

2649.

Civilian passengers and commercial cargoes: transportation on Department of Defense vessels, vehicles, and aircraft

.

(f)

Clerical amendments

The table of sections at the beginning of chapter 157 of such title is amended by striking the items relating to sections 2648 and 2649 and inserting the following new items:

2648. Persons and supplies: sea, land, and air transportation.

2649. Civilian passengers and commercial cargoes: transportation on Department of Defense vessels, vehicles, and aircraft.

.

354.

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

Section 2463(d)(1) of title 10, United States Code, is amended by striking under the National Security Personnel System, as established.

355.

Inventory and study of budget modeling and simulation tools

(a)

Inventory

(1)

Inventory required

The Comptroller General of the United States shall perform an inventory of all modeling and simulation tools used by the Department of Defense to develop and analyze the Department’s annual budget submission and to support decision making inside the budget process. In carrying out the inventory, the Comptroller General shall identify the purpose, scope, and levels of validation, verification, and accreditation of each such model and simulation.

(2)

Report

Not later than December 1, 2010, the Comptroller General shall submit to Committees on Armed Services of the Senate and House of Representatives and the Secretary of Defense a report on the inventory under paragraph (1) and the findings of the Comptroller General in carrying out the inventory.

(b)

Study

(1)

Study required

By not later than January 15, 2011, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to carry out a study examining the requirements for and capabilities of modeling and simulation tools used by the Department of Defense to support the annual budget process. A contract entered into under this paragraph shall specify that in carrying out the study, the center shall—

(A)

use the inventory performed by the Comptroller General under subsection (a) as a baseline;

(B)

examine the efficacy and sufficiency of the modeling and simulation tools used by the Department of Defense to support the development, analysis, and decision-making associated with the construction and validation of requirements used as a basis for the annual budget process of the Department;

(C)

examine the requirements and any capability gaps with respect to such modeling and simulation tools;

(D)

provide recommendations as to how the Department should best address the requirements and fill the capabilities gaps identified under subparagraph (C);

(E)

identify annual investment levels in modeling and simulation tools and certifications required to achieve a high degree of confidence in the relationship between the Department’s mission effectiveness and the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for a fiscal year;

(F)

examine the verification, validation, and accreditation requirements for each of the military services and provide recommendations with respect to establishing uniform standards for such requirements across all of the military services; and

(G)

recommend improvements to enhance the confidence, efficacy, and sufficiency of the modeling and simulation tools used by the Department of Defense in the development of the annual budget.

(2)

Report

Not later than January 1, 2012, the chief executive officer of the center that carries out the study pursuant to a contract under paragraph (1) shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the findings of the study.

356.

Sense of Congress regarding continued importance of High-Altitude Aviation Training Site, Colorado

(a)

Findings

Congress makes the following findings:

(1)

The High-Altitude Aviation Training Site in Gypsum, Colorado, is the only Department of Defense aviation school that provides an opportunity for rotor-wing military pilots to train in high-altitude, mountainous terrain, under full gross weight and power management operations.

(2)

The High-Altitude Aviation Training Site is operated by the Colorado Army National Guard and is available to pilots of all branches of the Armed Forces and to pilots of allied countries.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

the High-Altitude Army Aviation Training Site continues to be critically important to ensuring the readiness and capabilities of rotor-wing military pilots; and

(2)

the Department of Defense should take all appropriate actions to prevent encroachment on the High-Altitude Army Aviation Training Site.

357.

Department of Defense study on simulated tactical flight training in a sustained g environment

(a)

Study required

The Secretary of Defense shall conduct a study on the effectiveness of simulated tactical flight training in a sustained g environment. In conducting the study, the Secretary shall include all relevant factors, including each of the following:

(1)

Training effectiveness.

(2)

Cost reductions.

(3)

Safety.

(4)

Research benefits.

(5)

Carbon emissions reduction.

(6)

Lifecycles of training aircraft.

(b)

Deadline for completion

The study required by subsection (a) shall be completed not later than 18 months after the date of the enactment of this Act.

(c)

Submission to Congress

Upon completion of the study required by subsection (a), the Secretary shall submit the results of the study to the congressional defense committees.

358.

Study of effects of new construction of obstructions on military installations and operations

(a)

Designation of Department organization

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall designate a single organization within the Department of Defense to—

(1)

serve as the executive agent to carry out the study required by subsection (b);

(2)

serve as a clearinghouse to review applications filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, and received by the Department of Defense from the Secretary of Transportation; and

(3)

accelerate the development of planning tools to provide preliminary notice as to the acceptability to the Department of Defense of proposals included in an application submitted pursuant to such section.

(b)

Military installations and operations impact study

(1)

Study required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a study to identify any areas where military installations and military operations, including the use of air navigation facilities, navigable airspace, military training routes, and air defense radars, could be affected by any proposed construction, alteration, establishment, or expansion of a structure described in section 44718 of title 49, United States Code.

(2)

Military mission impact zones

The Secretary of Defense shall publish a notice of the areas identified pursuant to the study under paragraph (1). Such areas shall be known as military mission impact zones.

(c)

Effect of Department of Defense Hazard assessment

A notice under subsection (a)(3) or (b)(2) shall not be considered to be a substitute for any assessment required by the Secretary of Transportation under section 44718 of title 49, United States Code.

(d)

Savings provision

Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.).

(e)

Definitions

In this section:

(1)

The term military training route means a training route developed as part of the Military Training Route Program, carried out jointly by the Federal Aviation Administration and the Secretary Defense, for use by the Armed Forces for the purpose of conducting low-altitude, high-speed military training.

(2)

The term high value military training route means a military training route that is in the highest quartile of military training routes used by the Department of Defense with respect to frequency of use.

(3)

The term military installation has the meaning given that term in section 2801(c)(4) of title 10, United States Code.

(4)

The term military operation means military navigable airspace, including high value military training routes, air defense radars, special use airspace, warning areas, and other military related systems.

359.

Sense of Congress regarding fire-resistant utility ensembles for National Guard personnel in civil authority missions

It is the sense of Congress that the Chief of the National Guard Bureau should issue fire-resistant utility ensembles to National Guard personnel who are engaged, or likely to become engaged, in defense support to civil authority missions that routinely involve serious fire hazards, such as wildfire recovery efforts.

360.

Authority to make excess nonlethal supplies available for domestic emergency assistance

(a)

Domestic authority

Section 2557 of title 10, United States Code, is amended—

(1)

in subsection (a)(1), by adding at the end the following new sentence: In addition, the Secretary may make nonlethal excess supplies of the Department available to support domestic emergency assistance activities.; and

(2)

in subsection (b)—

(A)

by inserting (1) before Excess; and

(B)

by adding at the end the following new paragraph:

(2)

Excess supplies made available under this section to support domestic emergency assistance activities shall be transferred to the Secretary of Homeland Security. The Secretary of Defense may provide assistance in the distribution of such supplies at the request of the Secretary of Homeland Security.

.

(b)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

2557.

Excess nonlethal supplies: availability for humanitarian relief, domestic emergency assistance, and homeless veterans assistance

.

(2)

Table of sections

The item relating to such section in the table of sections at the beginning of chapter 152 of such title is amended to read as follows:

2557. Excess nonlethal supplies: availability for humanitarian relief, domestic emergency assistance, and homeless veterans assistance.

.

361.

Recovery of missing Department of Defense property

(a)

In general

Section 2789 of title 10, United States Code, is amended to read as follows:

2789.

Recovery of Department of Defense property: unauthorized or improper disposition

(a)

Prohibitions

No member of the armed forces, civilian employee of the Government, employee or agent of a contractor, or any other person may sell, lend, pledge, barter, give, transfer, or otherwise dispose of any clothing, arms, articles, equipment, or any other military or Department of Defense property—

(1)

to any person not authorized to receive the property in accordance with applicable requirements established by the Department of Defense or a component thereof; or

(2)

in violation of applicable demilitarization regulations of the Department of Defense or a component thereof.

(b)

Seizure of improperly disposed of property

If a member of the armed forces, civilian employee of the Government, employee or agent of a contractor, or any other person has improperly disposed of military or Department of Defense property in violation of subsection (a), any civil or military officer of the United States or any State or local law enforcement official may seize the property, wherever found. Title to military or Department of Defense property disposed of in violation of subsection (a) remains with the United States. Possession of such property by a person who is neither a member of the armed forces nor an official of the United States is prima facie evidence that the property has been disposed of in violation of subsection (a).

(c)

Delivery of seized property

Any official who seizes property under subsection (b) and is not authorized to retain it for the United States shall immediately deliver the property to an authorized member of the armed forces or other authorized official of the Department of Defense or the Department of Justice.

(d)

Retroactive enforcement authorized

This section shall apply to any military or Department of Defense property which was the subject of unauthorized disposition any time after January 1, 2002. This section shall apply to significant military equipment which was the subject of unauthorized disposition at any time.

(e)

Severability clause

In the event that any portion of this section is held unenforceable, all other portions of this section shall remain in full force and effect.

(f)

Definition

In this section, the term significant military equipment means defense articles on the United States Munitions List for which special export controls are warranted because of their capacity for substantial military utility or capability.

.

(b)

Clerical amendment

The item relating to such section in the table of sections at the beginning of chapter 165 of such title is amended to read as follows:

2789. Recovery of Department of Defense property: unauthorized or improper disposition.

.

362.

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

(a)

Claims authority

(1)

In general

Chapter 163 of title 10, United States Code, is amended by adding at the end the following new section:

2740.

Property loss: reimbursement of members and civilian employees for full replacement value of household effects when contractor reimbursement not available

The Secretary of Defense and the Secretaries of the military departments, in paying a claim under section 3721 of title 31 arising from loss or damage to household goods stored or transported at the expense of the Department of Defense, may pay the claim on the basis of full replacement value in any of the following cases in which reimbursement for the full replacement value for the loss or damage is not available directly from a carrier under section 2636a of this title:

(1)

A case in which—

(A)

the lost or damaged goods were stored or transported under a contract, tender, or solicitation in accordance with section 2636a of this title that requires the transportation service provider to settle claims on the basis of full replacement value; and

(B)

the loss or damage occurred under circumstances that exclude the transportation service provider from liability.

(2)

A case in which—

(A)

the loss or damage occurred while the lost or damaged goods were in the possession of an ocean carrier that was transporting, loading, or unloading the goods under a Department of Defense contract for ocean carriage; and

(B)

the land-based portions of the transportation were under contracts, in accordance with section 2636a of this title, that require the land carriers to settle claims on the basis of full replacement value.

(3)

A case in which—

(A)

the lost or damaged goods were transported or stored under a contract or solicitation that requires at least one of the transportation service providers or carriers that handled the shipment to settle claims on the basis of full replacement value pursuant to section 2636a of this title;

(B)

the lost or damaged goods have been in the custody of more than one independent contractor or transportation service provider; and

(C)

a claim submitted to the delivering transportation service provider or carrier is denied in whole or in part because the loss or damage occurred while the lost or damaged goods were in the custody of a prior transportation service provider or carrier or government entity.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

2740. Property loss: reimbursement of members and civilian employees for full replacement value of household effects when contractor reimbursement not available.

.

(b)

Effective date

Section 2740 of title 10, United States Code, as added by subsection (a), shall apply with respect to losses incurred after the date of the enactment of this Act.

IV

Military Personnel Authorizations

A

Active Forces

401.

End strengths for active forces

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

(1)

The Army, 569,400.

(2)

The Navy, 328,700.

(3)

The Marine Corps, 202,100.

(4)

The Air Force, 332,200.

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, 324,300.

(3)

For the Marine Corps, 202,100.

(4)

For the Air Force, 332,200.

.

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, 2011, 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, 71,200.

(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, 2011, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1)

The Army National Guard of the United States, 32,060.

(2)

The Army Reserve, 16,261.

(3)

The Navy Reserve, 10,688.

(4)

The Marine Corps Reserve, 2,261.

(5)

The Air National Guard of the United States, 14,584.

(6)

The Air Force Reserve, 2,992.

413.

End strengths for military technicians (dual status)

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

(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, 10,720.

(4)

For the Air National Guard of the United States, 22,394.

414.

Fiscal year 2011 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, 2011, may not exceed the following:

(A)

For the Army National Guard of the United States, 2,520.

(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, 2011, 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, 2011, 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.

(c)

Conforming amendment to annual limitation on non-dual status technicians for the Army National Guard

Section 10217(c)(2) of title 10, United States Code, is amended by striking 1,950 and inserting 2,870.

415.

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

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

(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.

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 2011 a total of $138,540,700,000.

(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 2011.

V

Military Personnel Policy

A

Officer Personnel Policy Generally

501.

Age for health care professional appointments and mandatory retirements

(a)

Age for original appointment as a health professions officer

Section 532(d)(2) of title 10, United States Code, is amended by striking reserve.

(b)

Additional categories of officers eligible for deferral of mandatory retirement for age

Section 1251(b) of such title is amended—

(1)

in paragraph (1), by striking the officer will be performing duties consisting primarily of providing patient care or performing other clinical duties. and inserting

the officer—

(A)

will be performing duties consisting primarily of providing patient care or performing other clinical duties; or

(B)

is in a category of officers designated under subparagraph (D) of paragraph (2) whose duties will consist primarily of the duties described in clause (i), (ii), or (iii) of such subparagraph.

; and

(2)

in paragraph (2)—

(A)

by striking or at the end of subparagraph (B);

(B)

by striking the period at the end of subparagraph (C) and inserting ; or; and

(C)

by adding at the end the following new subparagraph:

(D)

an officer in a category of officers designated by the Secretary concerned for the purposes of this paragraph as consisting of officers whose duties consist primarily of—

(i)

providing health care;

(ii)

performing other clinical care; or

(iii)

performing health-care related administrative duties.

.

502.

Authority for appointment of warrant officers in the grade of W–1 by commission and standardization of warrant officer appointing authority

(a)

Regular officers

(1)

Authority for appointments by commission in warrant officer w–1 grade

The first sentence of section 571(b) of title 10, United States Code, is amended by striking by the Secretary concerned and inserting , except that, with respect to an armed force under the jurisdiction of the Secretary of a military department, the Secretary may provide by regulation that appointments in that grade shall be made by commission.

(2)

Appointing authority

The second sentence of section 571(b) of such title is amended by inserting before the period at the end the following: , and appointments in the grade of regular warrant officer, W–1 (whether by warrant or commission), shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the Secretary of Homeland Security when it is not operating as a service in the Department of the Navy.

(b)

Reserve officers

Subsection (b) of section 12241 of such title is amended to read as follows:

(b)

Appointments in permanent reserve warrant officer grades shall be made in the same manner as is prescribed for regular warrant officer grades by section 571(b) of this title.

.

(c)

Presidential functions

Except as otherwise provided by the President by Executive order, the provisions of Executive Order No. 13384 (10 U.S.C. 531 note) relating to the functions of the President under the second sentence of section 571(b) of title 10, United States Code, shall apply in the same manner to the functions of the President under section 12241(b) of title 10, United States Code.

503.

Nondisclosure of information from discussions, deliberations, notes, and records of special selection boards

(a)

Nondisclosure of board proceedings

Section 613a of title 10, United States Code, is amended—

(1)

by striking subsection (a) and inserting the following new subsection:

(a)

Prohibition on disclosure

The proceedings of a selection board convened under section 573, 611, or 628 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in section 552(b)(3) of title 5.

;

(2)

in subsection (b), by striking and records and inserting notes, and records; and

(3)

by adding at the end the following new subsection:

(c)

Applicability

This section applies to all selection boards convened under section 573, 611, or 628 of this title, regardless of the date on which the board was convened.

.

(b)

Reports of boards

Section 628(c)(2) of such title is amended by striking sections 576(d) and 576(f) and inserting sections 576(d), 576(f), and 613a.

(c)

Reserve boards

Section 14104 of such title is amended—

(1)

by striking subsection (a) and inserting the following new subsection:

(a)

Prohibition on disclosure

The proceedings of a selection board convened under section 14101 or 14502 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in section 552(b)(3) of title 5.

;

(2)

in subsection (b), by striking and records and inserting notes, and records; and

(3)

by adding at the end the following new subsection:

(c)

Applicability

This section applies to all selection boards convened under section 14101 or 14502 of this title, regardless of the date on which the board was convened.

.

504.

Administrative removal of officers from list of officers recommended for promotion

(a)

Active-duty list

Section 629 of title 10, United States Code, is amended—

(1)

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

(2)

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

(d)

Administrative removal

If an officer on the active-duty list is discharged or dropped from the rolls, transferred to a retired status, or found to have been erroneously included in a zone of consideration, after having been recommended for promotion to a higher grade under this chapter, but before being promoted, the officer shall be administratively removed from the promotion list under regulations prescribed by the Secretary concerned.

.

(b)

Reserve active-status list

Section 14310 of such title is amended—

(1)

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

(2)

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

(d)

Administrative removal

If an officer on the reserve active-status list is discharged or dropped from the rolls, transferred to a retired status, or found to have been erroneously included in a zone of consideration, after having been recommended for promotion to a higher grade under this chapter or after having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer shall be administratively removed from the promotion list under regulations prescribed by the Secretary concerned.

.

505.

Eligibility of officers to serve on boards of inquiry for separation of regular officers for substandard performance and other reasons

(a)

Active duty

Section 1187 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking paragraphs (2) and (3) and inserting the following new paragraphs:

(2)

Each member of the board shall be senior in rank or grade to the officer being required to show cause for retention on active duty.

(3)

At least one member of the board—

(A)

shall be in or above the grade of major or lieutenant commander, if the grade of the officer being required to show cause for retention on active duty is below the grade of major or lieutenant commander; or

(B)

shall be in a grade above lieutenant colonel or commander, if the grade of the officer being required to show cause for retention on active duty is major or lieutenant commander or above.

;

(2)

in subsection (b), by striking that officer— and all that follows through the period at the end and inserting that officer meets the grade requirements of subsection (a)(2).; and

(3)

by adding at the end the following new subsection:

(e)

Regulations

The Secretary of a military department may prescribe regulations limiting the eligibility of officers to serve on a board convened under this chapter to officers who, while otherwise qualified, are in the opinion of the Secretary best suited for that duty by reason of age, education, training, experience, length of service, or temperament.

.

(b)

Reserves

Section 14906 of such title is amended—

(1)

in subsection (a), by striking paragraphs (2) and (3) and inserting the following new paragraphs:

(2)

Each member of the board shall be senior in rank or grade to the officer being required to show cause for retention in an active status.

(3)

At least one member of the board—

(A)

shall be in or above the grade of major or lieutenant commander, if the grade of the officer being required to show cause for retention in an active status is below the grade of major or lieutenant commander; or

(B)

shall be in a grade above lieutenant colonel or commander, if the grade of the officer being required to show cause for retention in an active status is major or lieutenant commander or above.

; and

(2)

by adding at the end the following new subsection:

(c)

Regulations

The Secretary of a military department may prescribe regulations limiting the eligibility of officers to serve on a board convened under this chapter to officers who, while otherwise qualified, are in the opinion of the Secretary best suited for that duty by reason of age, education, training, experience, length of service, or temperament.

.

506.

Temporary authority to reduce minimum length of active service as a commissioned officer required for voluntary retirement as an officer

(a)

Army

Section 3911(b)(2) of title 10, United States Code, is amended by striking January 6, 2006, and ending on December 31, 2008 and inserting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013.

(b)

Navy and marine corps

Section 6323(a)(2)(B) of such title is amended by striking January 6, 2006, and ending on December 31, 2008 and inserting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013.

(c)

Air force

Section 8911(b)(2) of such title is amended by striking January 6, 2006, and ending on December 31, 2008 and inserting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013.

B

Reserve Component Management

511.

Preseparation counseling for members of the reserve components

(a)

Requirement; exception

Subsection (a)(1) of section 1142 of title 10, United States Code, is amended—

(1)

in the first sentence—

(A)

by striking Within and inserting (A) Within; and

(B)

by striking of each member and all that follows through the period at the end of the sentence and inserting the following:

of—

(i)

each member of the armed forces whose discharge or release from active duty is anticipated as of a specific date; and

(ii)

each member of a reserve component not covered by clause (i) whose discharge or release from service is anticipated as of a specific date.

; and

(2)

in the second sentence, by striking A notation of the provision of such counseling and inserting the following:

(B)

A notation of the provision of preseparation counseling

.

(b)

Clarification of covered matters

Subsection (b)(7) of such section is amended by striking from active duty.

512.

Military correction board remedies for National Guard members

Subsection (a) of section 1552 of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking military record of the Secretary’s department and inserting military record of an armed force, including reserve components thereof, under the jurisdiction of the Secretary; and

(2)

by adding at the end the following new paragraph:

(5)

In the case of a member of the National Guard, the authority to correct any military record of the member under this section extends only to records generated while the member was in Federal service and does not apply to matters related to State government policy and procedures related to its National Guard.

.

513.

Removal of statutory distribution limits on Navy reserve flag officer allocation

Section 12004(c) of title 10, United States Code, is amended—

(1)

by striking paragraphs (2), (3), and (5); and

(2)

by redesignating paragraph (4) as paragraph (2).

514.

Assignment of Air Force Reserve military technicians (dual status) to positions outside Air Force Reserve unit program

Section 10216(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

Paragraph (1) does not apply to a military technician (dual status) who is employed by the Air Force Reserve in an area other than the Air Force Reserve unit program, except that not more than 50 of such technicians may be assigned outside of the unit program at the same time.

.

515.

Temporary authority for temporary employment of non-dual status military technicians

Section 10217 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking or at the end of paragraph (1);

(B)

by striking the period at the end of paragraph (2) and inserting ; or; and

(C)

by adding at the end the following new paragraph:

(3)

is hired as a temporary employee pursuant to the exception for temporary employment provided by subsection (d) and subject to the terms and conditions of such subsection.

; and

(2)

by adding at the end the following new subsection:

(d)

Exception for temporary employment

(1)

Notwithstanding section 10218 of this title, the Secretary of the Army or the Secretary of the Air Force may employ, for a period not to exceed two years, a person to fill a vacancy created by the mobilization of a military technician (dual status) occupying a position under section 10216 of this title.

(2)

The duration of the temporary employment of a person in a military technician position under this subsection may not exceed the shorter of the following:

(A)

The period of mobilization of the military technician (dual status) whose vacancy is being filled by the temporary employee.

(B)

Two years.

(3)

No persons may be hired under the authority of this subsection after the end of the 2-year period beginning on the date of the enactment of this subsection.

.

516.

Revised structure and functions of Reserve Forces Policy Board

(a)

Revised structure and functions

Section 10301 of title 10, United States Code, is amended to read as follows:

10301.

Reserve Forces Policy Board

(a)

Functions

As provided in section 175 of this title, there is in the Office of the Secretary of Defense a Reserve Forces Policy Board. The Board shall serve as an independent adviser to the Secretary of Defense to provide advice and recommendations to the Secretary on strategies, policies, and practices designed to improve and enhance the capabilities, efficiency, and effectiveness of the reserve components. The Board shall report directly to the Secretary to provide independent advice and recommendations to the Secretary on matters relating to the and reserve components.

(b)

Membership

The Board consists of 20 members, appointed or designated as follows:

(1)

A civilian chairman appointed by the Secretary of Defense, who shall be a person who the Secretary determines has the knowledge of, and experience in, policy matters relevant to national security and reserve component matters required to carry out the duties of chairman.

(2)

Two reserve general officers designated by the Secretary of Defense upon the recommendation of the Secretary of the Army, one of whom shall be a member of the Army National Guard of the United States and one of whom shall be a member of the Army Reserve.

(3)

Two reserve officers designated by the Secretary of Defense upon the recommendation of the Secretary of the Navy, one of whom shall be a Navy Reserve flag officer and one of whom shall be a Marine Corps Reserve general officer.

(4)

Two reserve general officers designated by the Secretary of Defense upon the recommendation of the Secretary of the Air Force, one of whom shall be a member of the Air National Guard of the United States and one of whom shall be a member of the Air Force Reserve.

(5)

One Coast Guard flag officer designated by the Secretary of Homeland Security when the Coast Guard is not operating as a service within the Department of the Navy, or designated by the Secretary of Defense, upon the recommendation of the Secretary of the Navy, when the Coast Guard is operating as a service in the Navy under section 3 of title 14.

(6)

Ten persons appointed or designated by the Secretary of Defense, each of whom shall be a United States citizen and have significant knowledge of and experience in policy matters relevant to national security and reserve component matters and shall be one of the following:

(A)

An individual not employed in any Federal or State department or agency.

(B)

An individual employed by a Federal or State department or agency.

(C)

An officer of a regular component on active duty, or an officer of a reserve component in an active status, who has served or is serving in a senior position on the Joint Staff, a combatant command headquarters staff, or a service headquarters staff.

(7)

A reserve officer of the Army, Navy, Air Force, or Marine Corps who is a general or flag officer recommended by the chairman and designated by the Secretary of Defense, who shall serve without vote—

(A)

as military adviser to the chairman;

(B)

as military executive officer of the Board; and

(C)

as supervisor of the Board operations and staff.

(8)

A senior enlisted member of a reserve component recommended by the chairman and appointed by the Secretary of Defense, who shall serve without vote as enlisted military adviser to the chairman.

(c)

Independent advice

In the case of a member of the Board who is an officer or employee of the Department of Defense or a member of the armed forces, the advice provided in that member’s capacity as a member of the Board shall be rendered independently of the Board member’s other duties as an officer or employee of the Department of Defense or member of the armed forces.

(d)

Matters to be acted on

The Board shall act on those matters referred to it by the chairman and on any matter raised by a member of the Board.

(e)

Staff

The Board shall be supported by a staff consisting of one full-time officer from each of the reserve components listed in paragraphs (1) through (6) of section 10101 of this title who holds the grade of colonel, or in the case of the Navy the grade of captain, or who has been selected for promotion to that grade. These officers shall also serve as liaisons between their respective components and the Board. They shall perform their staff and liaison duties under the supervision of the military executive in an independent manner reflecting the independent nature of the Board.

(f)

Relationship to service reserve policy committees and boards

This section does not affect the committees and boards prescribed within the military departments by sections 10302 through 10305 of this title, and a member of such a committee or board may, if otherwise eligible, be a member of the Board.

.

(b)

Board membership transition provision

The members of the Reserve Forces Policy Board as of the date of the enactment of this Act shall continue to serve on the Board in accordance with their respective terms of service as of such date, and except to ensure that the positions of chairman and military executive of the Board continue to be filled, and to ensure that the reserve components listed in paragraphs (1) through (7) of section 10101 of title 10, United States Code, continue to have representation, no appointment or designation of a member of the Board may be made after such date until the number of voting members of the Board is fewer than 18. Once the number of voting members is fewer than 18, vacancies in the Board membership shall be filled in accordance with section 10301 of title 10, United States Code, as amended by subsection (a).

(c)

Revision to annual report requirement

Section 113(c)(2) of title 10, United States Code, is amended by striking the reserve programs of the Department of Defense and on any other matters and inserting any reserve component matter.

517.

Merit Systems Protection Board and judicial remedies for National Guard technicians

(a)

Elimination of restricted right of appeal

(1)

Current restriction to adjutant general

Subsection (f) of section 709 of title 32, United States Code, is amended by striking paragraph (4).

(2)

Stylistic and conforming amendments

Such subsection is further amended—

(A)

by striking the material preceding paragraph (1);

(B)

by capitalizing the first word in paragraphs (1), (2), (3), and (5);

(C)

by striking the semicolon at the end of paragraphs (1), (2), and (3) and inserting a period;

(D)

by redesignating paragraph (5) as paragraph (4); and

(E)

by adding at the end the following new paragraph:

(5)

This subsection shall be carried out under regulations prescribed by the Secretary concerned.

.

(b)

Application of certain title 5 provisions

Section 709(g) of title 32, United States Code, is amended by striking Sections 2108, 3502, 7511, and 7512 and inserting Section 2108.

(c)

Application of adverse actions subchapter

Section 7511(b) of title 5, United States Code, is amended—

(1)

by striking paragraph (5); and

(2)

by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively.

C

Joint Qualified Officers and Requirements

521.

Technical revisions to definition of joint matters for purposes of joint officer management

Section 668(a) of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by striking multiple in the matter preceding subparagraph (A) and inserting integrated; and

(B)

by striking and at the end of the subparagraph (D) and inserting or; and

(2)

by striking paragraph (2) and inserting the following new paragraph:

(2)

In the context of joint matters, the term integrated military forces refers to military forces that are involved in the planning or execution (or both) of operations involving participants from—

(A)

more than one military department; or

(B)

a military department and one or more of the following:

(i)

Other departments and agencies of the United States.

(ii)

The military forces or agencies of other countries.

(iii)

Non-governmental persons or entities.

.

522.

Changes to process involving promotion boards for joint qualified officers and officers with joint staff experience

(a)

Board composition

Subsection (c) of section 612 of title 10, United States Code, is amended to read as follows:

(c)
(1)

Each selection board convened under section 611(a) of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer.

(2)

Paragraph (1) applies with respect to an officer who—

(A)

is serving in, or has served in, a joint duty assignment;

(B)

is serving on, or has served on, the Joint Staff; or

(C)

is a joint qualified officer.

(3)

The Secretary of Defense may waive the requirement in paragraph (1) in the case of—

(A)

any selection board of the Marine Corps; or

(B)

any selection board that is considering officers in specialties identified in paragraph (2) or (3) of section 619a(b) of this title.

.

(b)

Information furnished to selection boards

Section 615 of such title is amended by striking in joint duty assignments of officers who are serving, or have served, in such assignments in subsections (b)(5) and (c) and inserting of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers.

(c)

Action on report of selection boards

Section 618(b) of such title is amended—

(1)

in paragraph (1), by striking are serving, or have served, in joint duty assignments and inserting are serving on, or have served on, the Joint Staff or are joint qualified officers;

(2)

in subparagraphs (A) and (B) of paragraph (2), by striking in joint duty assignments of officers who are serving, or have served, in such assignments and inserting of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers; and

(3)

in paragraph (4), by striking in joint duty assignments and inserting who are serving on, or have served on, the Joint Staff or are joint qualified officers.

523.

Secure electronic delivery of Certificate of Release or Discharge from Active Duty (DD Form 214)

Section 596 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 1168 note) is amended—

(1)

by inserting (a) Election to Forward Certificate to VA Offices— before The Secretary of Defense; and

(2)

by adding at the end the following new subsection:

(b)

Secure method of electronic delivery

(1)

Development and implementation

The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall develop and implement a secure electronic method of forwarding the DD Form 214 to the appropriate office specified in subsection (a)(2). The Secretary of Veterans Affairs shall ensure that the method permits such offices to access the forms electronically using current computer operating systems.

(2)

Authority to cease delivery

In developing the secure electronic method of forwarding DD Forms 214, the Secretary of Veterans Affairs shall ensure that the information provided is not disclosed or used for unauthorized purposes and may cease forwarding the forms electronically to an office specified in subsection (a)(2) if demonstrated problems arise.

.

D

General Service Authorities

531.

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

(a)

Extension of authority

Section 688a(f) of title 10, United States Code, is amended by striking December 31, 2010 and inserting December 31, 2012.

(b)

Report required

Not later than April 1, 2011, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing an assessment by the Secretary of the need to extend the authority provided by section 688a of title 10, United States Code, beyond December 31, 2012. The report shall include, at a minimum, the following:

(1)

A list of the current types of high-demand, low-density capabilities (as defined in such section) for which the authority is being used to address operational requirements.

(2)

For each high-demand, low-density capability included in the list under paragraph (1), the number of retired members of the Armed Forces who have served on active duty at any time during each of fiscal years 2007 through 2010 under the authority.

(3)

A plan to increase the required active duty strength for the high-demand, low-density capabilities included in the list under paragraph (1) to eliminate the need to use the authority.

532.

Correction of military records

(a)

Improved documentation of correction board decisions

Section 1552(a)(3) of title 10, United States Code, is amended—

(1)

by inserting (A) after (3); and

(2)

by adding at the end the following new subparagraph:

(B)

In establishing correction procedures under subparagraph (A), the Secretary of a military department shall require that a board established under subsection (a)(1) present its findings and conclusions in an orderly and itemized fashion, with specific attention given to each issue presented by the claimant (or heir or representative) who requested the correction. This requirement applies to a request for correction received after the date of the enactment of this subparagraph, both during initial consideration of the request and upon subsequent consideration due to appeal or other circumstances.

.

(b)

Improved documentation of review board decisions regarding discharge or dismissal

Section 1553(b) of such title is amended—

(1)

by inserting (1) after (b); and

(2)

by adding at the end the following new paragraph:

(2)

In establishing review procedures for use by a board established under this section, the Secretary of a military department shall require that the board present its findings and conclusions in an orderly and itemized fashion, with specific attention given to each issue presented by the person who requested the review. This requirement applies to a request for review received after the date of the enactment of this paragraph, both during initial consideration of the request and upon subsequent consideration due to appeal or other circumstances.

.

(c)

Boards reviewing retirement or separation without pay for physical disability

(1)

Members eligible to request review

Subsection (a) of section 1554 of such title is amended—

(A)

by striking an officer and inserting a member or former member of the uniformed services; and

(B)

by striking his case and inserting the member’s case.

(2)

Improved documentation of board decisions

Subsection (b) of such section is amended—

(A)

by inserting (1) after (b); and

(B)

by adding at the end the following new paragraph:

(2)

In establishing review procedures for use by a board established under this section, the Secretary of a military department shall require that the board present its findings and conclusions in an orderly and itemized fashion, with specific attention given to each issue presented by the person who requested the review. This requirement applies to a request for review received after the date of the enactment of this paragraph, both during initial consideration of the request and upon subsequent consideration due to appeal or other circumstances.

.

(d)

Limitation on reduction in personnel assigned to duty with service review agency

1559(a) of such title is amended by striking December 31, 2010 and inserting December 31, 2013.

533.

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

The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) to include a new Block, 19c., titled ELECTRONIC MAILING (E-MAIL) ADDRESS AFTER SEPARATION in order to permit a member of the Armed Forces to include an email address at which the member may be reached after the member’s discharge or release.

534.

Recognition of role of female members of the Armed Forces and Department of Defense review of military occupational specialties available to female members

(a)

Findings

Congress make the following findings:

(1)

Women are and have historically been an import part of all United States war efforts, voluntarily serving in every military conflict in United States history, including the Revolutionary War.

(2)

Approximately 34,000 women served in the Armed Forces in World War I, approximately 400,000 served in World War II, approximately 120,000 served in the Korean War, over 7,000 served in the Vietnam War, and more than 41,000 served in the first Gulf War.

(3)

Over 350,000 women serving in the Armed Forces make up approximate 15 percent of all active duty personnel, 15 percent of Reserves, and 17 percent of the National Guard.

(4)

Over 225,349 women have served in Operation Iraqi Freedom or Operation Enduring Freedom as members of the Armed Forces.

(5)

At least 120 female members of the Armed Forces have been killed in Iraq or Afghanistan, and, of the women killed, 66 were killed in combat.

(6)

The nature of war has changed in Iraq and Afghanistan, and, despite the prohibition on female members of the Armed Forces serving in combat, so has the role of female members of the Armed Forces.

(b)

Official recognition

Congress—

(1)

honors women who have served, and women who are currently serving, as members of the Armed Forces; and

(2)

encourages all people in the United States to recognize the service and achievements of female members of the Armed Forces and female veterans.

(c)

Reviews required

(1)

Reviews; elements

The Secretary of Defense shall conduct a review of military occupational positions available to female members of the Armed Forces for the purpose of ensuring that female members have the maximum opportunity to compete and excel in the Armed Forces. The Secretary of Defense, in coordination with the Secretaries of the military departments, also shall review the collocation policy and other policies and regulations that restrict the service of female members to determine whether changes are needed, including legislative change, if necessary, to enhance the ability of women to serve in the Armed Forces.

(2)

Submission of results

Not later than February 1, 2011, the Secretary of Defense shall submit to the congressional defense committee a report containing the results of the reviews.

535.

Matters covered by preseparation counseling for members of the Armed Forces and their spouses

Section 1142(b) of title 10, United States Code, is amended—

(1)

in paragraph (5), by striking job placement counseling for the spouse and inserting inclusion of the spouse when counseling regarding the matters covered by paragraphs (9), (10), and (16) is provided, job placement counseling for the spouse, and the provision of information on survivor benefits available under the laws administered by the Secretary of Defense or the Secretary of Veterans Affairs;

(2)

in paragraph (9), by inserting before the period the following: , including information on budgeting, saving, credit, loans, and taxes;

(3)

in paragraph (10), by striking and employment and inserting , employment, and financial;

(4)

by striking paragraph (16) and inserting the following new paragraph:

(16)

Information on home loan services and housing assistance benefits available under the laws administered by the Secretary of Veterans Affairs and counseling on responsible borrowing practices.

; and

(5)

in paragraph (17), by inserting before the period the following: , and information regarding the means by which the member can receive additional counseling regarding the member’s actual entitlement to such benefits and apply for such benefits.

536.

Department of Defense policy concerning homosexuality in the Armed Forces

(a)

Comprehensive Review on the Implementation of a Repeal of 10 U.S.C. 654

(1)

In general

On March 2, 2010, the Secretary of Defense issued a memorandum directing the Comprehensive Review on the Implementation of a Repeal of 10 U.S.C. 654 (section 654 of title 10, United States Code).

(2)

Objectives and scope of review

The Terms of Reference accompanying the Secretary’s memorandum established the following objectives and scope of the ordered review:

(A)

Determine any impacts to military readiness, military effectiveness and unit cohesion, recruiting/retention, and family readiness that may result from repeal of the law and recommend any actions that should be taken in light of such impacts.

(B)

Determine leadership, guidance, and training on standards of conduct and new policies.

(C)

Determine appropriate changes to existing policies and regulations, including but not limited to issues regarding personnel management, leadership and training, facilities, investigations, and benefits.

(D)

Recommend appropriate changes (if any) to the Uniform Code of Military Justice.

(E)

Monitor and evaluate existing legislative proposals to repeal 10 U.S.C. 654 and proposals that may be introduced in the Congress during the period of the review.

(F)

Assure appropriate ways to monitor the workforce climate and military effectiveness that support successful follow-through on implementation.

(G)

Evaluate the issues raised in ongoing litigation involving 10 U.S.C. 654.

(b)

Effective date

The amendments made by subsection (f) shall take effect 60 days after the date on which the last of the following occurs:

(1)

The Secretary of Defense has received the report required by the memorandum of the Secretary referred to in subsection (a).

(2)

The President transmits to the congressional defense committees a written certification, signed by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, stating each of the following:

(A)

That the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff have considered the recommendations contained in the report and the report’s proposed plan of action.

(B)

That the Department of Defense has prepared the necessary policies and regulations to exercise the discretion provided by the amendments made by subsection (f).

(C)

That the implementation of necessary policies and regulations pursuant to the discretion provided by the amendments made by subsection (f) is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.

(c)

No immediate effect on current policy

Section 654 of title 10, United States Code, shall remain in effect until such time that all of the requirements and certifications required by subsection (b) are met. If these requirements and certifications are not met, section 654 of title 10, United States Code, shall remain in effect.

(d)

Benefits

Nothing in this section, or the amendments made by this section, shall be construed to require the furnishing of benefits in violation of section 7 of title 1, United States Code (relating to the definitions of marriage and spouse and referred to as the Defense of Marriage Act).

(e)

No private cause of action

Nothing in this section, or the amendments made by this section, shall be construed to create a private cause of action.

(f)

Treatment of 1993 policy

(1)

Title 10

Upon the effective date established by subsection (b), chapter 37 of title 10, United States Code, is amended—

(A)

by striking section 654; and

(B)

in the table of sections at the beginning of such chapter, by striking the item relating to section 654.

(2)

Conforming amendment

Upon the effective date established by subsection (b), section 571 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 note) is amended by striking subsections (b), (c), and (d).

E

Military Justice and Legal Matters

541.

Continuation of warrant officers on active duty to complete disciplinary action

Section 580 of title 10, United States Code, is amended by adding at the end the following new subsection:

(f)

A warrant officer subject to discharge or retirement under this section, but against whom any action has been commenced with a view to trying the officer by court-martial, may be continued on active duty, without prejudice to such action, until the completion of such action.

.

542.

Enhanced authority to punish contempt in military justice proceedings

(a)

In general

Section 848 of title 10, United States Code (article 48 of the Uniform Code of Military Justice), is amended to read as follows:

848. Art. 48.

Contempts

(a)

Authority to punish contempt

A military judge detailed to a court-martial, a court of inquiry, the Court of Appeals for the Armed Forces, a Court of Criminal Appeals, a provost court, or a military commission (other than a military commission established under chapter 47A of this title) may punish for contempt any person who—

(1)

uses any menacing word, sign, or gesture in the presence of the military judge during the proceedings of the court-martial, court, or military commission;

(2)

disturbs the proceedings of the court-martial, court, or military commission by any riot or disorder; or

(3)

willfully disobeys its lawful writ, process, order, rule, decree, or command.

(b)

Punishment

A person punished for contempt under this section may be confined for not more than 30 days, fined in an amount of not more than $1,000, or both.

.

(b)

Effective date

Section 848 of title 10, United States Code (article 48 of the Uniform Code of Military Justice), as amended by subsection (a), shall apply with respect to acts of contempt committed after the date of the enactment of this Act.

543.

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

(a)

Limitations

Chapter 53 of title 10, United States Code, is amended by inserting after section 1034 the following new section:

1034a.

Criminal investigative report or index maintained for law enforcement retrieval and analysis: limitations on use in personnel actions

(a)

Prohibition on use in personnel actions

Except as provided in subsection (b), information relating to the titling or indexing of a member of the armed forces contained in any criminal investigative report prepared by any entity of the Department of Defense or index maintained by any entity of the Department of Defense for the purpose of potential retrieval and analysis by Department law enforcement organizations may not be used in connection with any personnel action involving the member.

(b)

Authorized exceptions

The prohibition in subsection (a) does not preclude the use of information relating to the titling or indexing of a member—

(1)

in connection with law enforcement activities;

(2)

in a judicial or administrative action involving the member regarding the alleged offense referenced in the criminal investigative report or index; or

(3)

in a personnel action if—

(A)

the member has been adjudged guilty of the alleged offense referenced in the criminal investigative report or index by military non-judicial or judicial proceedings or by civilian judicial proceedings;

(B)

a record of the proceedings is presented in connection with the personnel action; and

(C)

the member is provided the opportunity to present additional information in response to the record of the proceedings.

(c)

Definitions

In this section:

(1)

Indexing

The term indexing refers to the procedure whereby a Department of Defense criminal investigative agency submits identifying information concerning subjects, victims, or incidentals of investigations for addition to the Defense Clearance and Investigations Index.

(2)

Titling

The term titling refers to the process by which a Department of Defense criminal investigative agency places the name of a person in the title block of a criminal investigative report at a time when the agency has credible information that the person committed a criminal offense. The titling, however, does not connote any degree of guilt or innocence.

(3)

Personnel action

The term personnel action, with respect to a member, means any recommendation, action, or decision impacting or affecting any aspect of the military service of the member.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1034 the following new item:

1034a. Criminal investigative report or index maintained for law enforcement retrieval and analysis: limitations on use in personnel actions.

.

544.

Protection of child custody arrangements for parents who are members of the Armed Forces deployed in support of a contingency operation

(a)

Child Custody Protection

Title II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section:

208.

Child custody protection

(a)

Restriction on Change of Custody

If a motion for change of custody of a child of a servicemember is filed while the servicemember is deployed in support of a contingency operation, no court may enter an order modifying or amending any previous judgment or order, or issue a new order, that changes the custody arrangement for that child that existed as of the date of the deployment of the servicemember, except that a court may enter a temporary custody order if the court finds that it is in the best interest of the child.

(b)

Completion of Deployment

In any preceding covered under subsection (a), a court shall require that, upon the return of the servicemember from deployment in support of a contingency operation, the custody order that was in effect immediately preceding the date of the deployment of the servicemember is reinstated, unless the court finds that such a reinstatement is not in the best interest of the child, except that any such finding shall be subject to subsection (c).

(c)

Exclusion of Military Service From Determination of Child’s Best Interest

If a motion for the change of custody of the child of a servicemember is filed, no court may consider the absence of the servicemember by reason of deployment, or possibility of deployment, in determining the best interest of the child.

(d)

No Federal right of action

Nothing in this section shall create a Federal right of action.

(e)

Preemption

In any case where State or Federal law applicable to a child custody proceeding under State or Federal law provides a higher standard of protection to the rights of the parent who is a servicemember than the rights provided under this section, the State or Federal court shall apply the State or Federal standard.

(f)

Contingency Operation Defined

In this section, the term contingency operation has the meaning given that term in section 101(a)(13) of title 10, United States Code, except that the term may include such other deployments as the Secretary may prescribe.

.

(b)

Clerical Amendment

The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title II the following new item:

208. Child custody protection.

.

545.

Improvements to Department of Defense domestic violence programs

(a)

Immediate actions required

(1)

Entry of data into law enforcement systems

The Secretary of Defense shall ensure that all command actions related to domestic violence incidents involving members of the Army, Navy, Air Force, or Marine Corps are entered into all Department of Defense law enforcement systems.

(2)

Issuance of family advocacy program guidance

The Secretary of Defense shall issue Department of Defense Family Advocacy Program guidance.

(b)

Implementation of outstanding comptroller general recommendations

Consistent with the recommendations contained in the report of the Comptroller General of the United States titled Status of Implementation of GAO’s 2006 Recommendations on the Department of Defense’s Domestic Violence Program (GAO–10–577R), the Secretary of Defense shall complete, not later than one year after the date of enactment of this Act, implementation of actions to address the following recommendations:

(1)

Defense incident-based reporting system

The Secretary of Defense shall develop a comprehensive management plan to address deficiencies in the data captured in the Defense Incident-Based Reporting System to ensure the system can provide an accurate count of the domestic violence incidents that are reported throughout the Department of Defense.

(2)

Adequate personnel

The Secretary of Defense shall develop a plan to ensure that adequate personnel are available to implement recommendations made by the Defense Task Force on Domestic Violence.

(3)

Domestic violence training data for chaplains

The Secretary of Defense shall develop a plan to collect domestic violence training data for chaplains.

(4)

Oversight framework

The Secretary of Defense shall develop an oversight framework for Department of Defense domestic violence programs, to include oversight of implementation of recommendations made by the Defense Task Force on Domestic Violence, budgeting, and policy compliance.

(c)

Report

Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the planned actions required under subsections (a) and (b).

546.

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

(a)

Release required

Not later than 10 days after the date of the enactment of this Act, the Secretary of Defense shall release publicly the restricted annex, described in subsection (b), that was part of the January 2010 Department of Defense Report of the Independent Review Related to Fort Hood and the attack there on November 5, 2009.

(b)

Material subject to release; exception

The restricted annex referred to in subsection (a) is the document described on page 9 of the January 2010 Department of Defense Report of the Independent Review Related to Fort Hood, which provided the detailed findings, recommendations, and complete supporting discussions of the Independent Review pertaining to the oversight of the alleged perpetrator of the November 2009 attack. No part of the restricted annex shall be exempted from public release, except—

(1)

materials that the Secretary of Defense determines may imperil, if disclosed, any criminal investigation or prosecution related to the attack; and

(2)

in accordance with section 1102 of title 10, United States Code, the memorandum summarizing the results of the medical quality assurance records relating to the care provided patients by the alleged perpetrator of the attack.

F

Member Education and Training Opportunities and Administration

551.

Repayment of education loan repayment benefits

(a)

Enlisted members on active duty in specified military specialties

Section 2171 of title 10, United States Code, is amended by adding at the end the following new subsections:

(g)

Except a person described in subsection (e) who transfers to service making the person eligible for repayment of loans under section 16301 of this title, a member of the armed forces who fails to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions of section 303a(e) of title 37.

(h)

The Secretary of Defense may prescribe, by regulations, procedures for implementing this section, including standards for qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include exceptions that would allow for the payment as a lump sum of any loan repayment due to a member under a written agreement that existed at the time of a member’s death or disability.

.

(b)

Members of selected reserve

Section 16301 of such title is amended by adding at the end the following new subsections:

(h)

Except a person described in subsection (e) who transfers to service making the person eligible for repayment of loans under section 2171 of this title, a member of the armed forces who fails to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions of section 303a(e) of title 37.

(i)

The Secretary of Defense may prescribe, by regulations, procedures for implementing this section, including standards for qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include exceptions that would allow for the payment as a lump sum of any loan repayment due to a member under a written agreement that existed at the time of a member’s death or disability.

.

552.

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

(a)

United states military academy graduates

Section 4348(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(4)

That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in the program.

.

(b)

United States naval academy graduates

Section 6959(a) of such title is amended by adding at the end the following new paragraph:

(4)

That if an appointment described in paragraph (2) or (3) is tendered and the midshipman participates in the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of this title, the midshipman will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in the program.

.

(c)

United States air force academy graduates

Section 9348(a) of such title is amended by adding at the end the following new paragraph:

(4)

That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in the program.

.

(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.

553.

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

(a)

Waiver authority

The Secretary of the military department concerned may waive the maximum age limitation specified in section 4346(a), 6958(a)(1), or 9346(a) of title 10, United States Code, for the admission of a candidate to the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, if the candidate, otherwise satisfies the eligibility requirements for admission to that academy, and—

(1)

is an enlisted member of the Armed Forces and, as a result of service on active duty in a theater of operations for Operation Iraqi Freedom or Operation Enduring Freedom, was or is prevented from being admitted to that academy before the member reached the maximum age specified in such sections; or

(2)

possesses an exceptional overall record that the Secretary concerned determines sets the candidate apart from all other candidates.

(b)

Limitation of waiver

(1)

Maximum age

A waiver may not be granted under subsection (a) to a member of the Armed Forces described in such subsection if the member would pass the member’s twenty-sixth birthday by July 1 of the year in which the member would enter the military service academy.

(2)

Maximum number

No more than five members of the Armed Forces may attend each of the military service academies at any one time pursuant to a waiver granted under subsection (a)(2).

(c)

Duration of waiver authority

The authority to grant a waiver under subsection (a) expires on September 30, 2015.

554.

Report of feasibility and cost of expanding enrollment authority of Community College of the Air Force to include additional members of the Armed Forces

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report, prepared in consultation with the Secretary of the Air Force, evaluating the feasibility and cost of authorizing enlisted members of the Army, Navy, Marine Corps and Coast Guard to enroll in Community College of the Air Force programs offered under section 9315 of title 10, United States Code.

G

Defense Dependents’ Education

561.

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

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2011 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b).

(b)

Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations

Of the amount authorized to be appropriated for fiscal year 2011 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $15,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572.

(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)).

562.

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

Section 2164(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)
(A)

The Secretary may, at the discretion of the Secretary, permit dependents of members of the armed forces described in subparagraph (B) to enroll in an educational program provided by the Secretary pursuant to this subsection without regard to the requirement in paragraph (1) with respect to residence on a military installation.

(B)

Subparagraph (A) applies only if—

(i)

the dependents reside in temporary housing (regardless of whether the temporary housing is on Federal property) in lieu of permanent living quarters on a military installation; and

(ii)

the Secretary determines that the circumstances of such living arrangements justify extending the enrollment authority to include such dependents.

(C)

The Secretary shall prescribe regulations to ensure consistent application of this paragraph.

.

H

Decorations, Awards, and Commemorations

571.

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

Section 1130(b) of title 10, United States Code, is amended—

(1)

by inserting (1) after (b); and

(2)

by adding at the end the following new paragraph:

(2)

If a determination under this section includes a favorable recommendation for the award of the Medal of Honor, submission of the detailed discussion of the rationale supporting the determination shall be made through the Secretary of Defense.

.

572.

Department of Defense recognition of spouses of members of the Armed Forces

(a)

Establishment and presentation of lapel buttons

Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section:

1126a.

Spouse of combat veteran lapel button: eligibility and presentation

(a)

Design and eligibility

A lapel button, to be known as the spouse-of-a-combat-veteran lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize the spouse of a member of the armed forces who is serving or has served in a combat zone for a period of more than 30 days.

(b)

Presentation

The Secretary concerned may authorize the use of appropriated funds to procure spouse-of-a-combat-veteran lapel buttons and to provide for their presentation to eligible spouses of members.

(c)

Exception to time period requirement

The 30-day periods specified in subsections (a) and (b) do not apply if the member is killed or wounded in the combat zone before the expiration the period.

(d)

License To Manufacture and Sell Lapel Buttons

Section 901(c) of title 36 shall apply with respect to the spouse-of-a-combat-veteran lapel button authorized by this section.

(e)

Combat zone defined

In this section, the term combat zone has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.

(f)

Regulations

The Secretary of Defense shall issue such regulations as may be necessary to carry out this section. The Secretary shall ensure that the regulations are uniform for each armed force to the extent practicable.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1126 the following new item:

1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation.

.

(c)

Implementation

It is the sense of Congress that, as soon as practicable once the spouse-of-a-combat-veteran lapel button become available, the Secretary of Defense—

(1)

should widely announce the availability of spouse-of-a-combat-veteran lapel buttons through military and public information channels; and

(2)

should encourage commanders at all levels to conduct ceremonies recognizing the support provided by spouses of members of the Armed Forces and to use the ceremonies as an opportunity for members to present their spouses with a spouse-of-a-combat-veteran lapel button.

573.

Department of Defense recognition of children of members of the Armed Forces

(a)

Establishment and presentation of lapel buttons

Chapter 57 of title 10, United States Code, is amended by inserting after section 1126a, as added by section 572, the following new section:

1126b.

Children of members commemorative lapel button: eligibility and presentation

(a)

Design and eligibility

A lapel button, to be known as the children of military service members commemorative lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize an eligible child dependent of a member of the armed forces who serves on active duty for a period of more than 30 days.

(b)

Presentation

The Secretary concerned may authorize the use of appropriated funds to procure children of military service members commemorative lapel buttons and to provide for their presentation to eligible child dependents.

(c)

License To Manufacture and Sell Lapel Buttons

Section 901(c) of title 36 shall apply with respect to the children of military service members commemorative lapel button authorized by this section.

(d)

Eligible child dependent defined

In this section, the term eligible child dependent means a dependent of a member of the armed forces described in subparagraph (D) or (I) of section 1072(2) of this title.

(e)

Regulations

The Secretary of Defense shall issue such regulations as may be necessary to carry out this section. The Secretary shall ensure that the regulations are uniform for each armed force to the extent practicable.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1126a the following new item:

1126b. Children of members commemorative lapel button: eligibility and presentation.

.

(c)

Implementation

It is the sense of Congress that, as soon as practicable once the children of military service members commemorative lapel button become available, the Secretary of Defense—

(1)

should widely announce the availability of children of military service members commemorative lapel buttons through military and public information channels; and

(2)

should encourage commanders at all levels to conduct ceremonies recognizing the support provided by children of members of the Armed Forces and to use the ceremonies as an opportunity for members to present their children with a children of military service members commemorative lapel button.

574.

Clarification of persons eligible for award of bronze star medal

(a)

Limitation on eligible persons

Section 1133 of title 10, United States Code, is amended to read as follows:

1133.

Bronze Star: limitation on persons eligible to receive

The decoration known as the Bronze Star may only be awarded to a member of a military force who—

(1)

at the time of the events for which the decoration is to be awarded, was serving in a geographic area in which special pay is authorized under section 310 or paragraph (1) or (3) of section 351(a) of title 37; or

(2)

receives special pay under section 310 or paragraph (1) or (3) of section 351(a) of title 37 as a result of those events.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 57 of such title is amended by striking the item relating to section 1133 and inserting the following new item:

1133. Bronze Star: limitation on persons eligible to receive.

.

(c)

Application of amendment

The amendment made by subsection (a) applies to the award of the Bronze Star after October 30, 2000.

575.

Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation

(a)

In general

The Secretary of the military department concerned shall, upon the application of an individual who is an eligible veteran, award that individual the Vietnam Service Medal, notwithstanding any otherwise applicable requirements for the award of that medal. Any such award shall be made in lieu of any Armed Forces Expeditionary Medal awarded the individual for the individual’s participation in the Mayaguez rescue operation.

(b)

Eligible veteran

For purposes of this section, the term eligible veteran means a member or former member of the Armed Forces who was awarded the Armed Forces Expeditionary Medal for participation in military operations known as the Mayaguez rescue operation of May 12–15, 1975.

576.

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

(a)

Authorization

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor under section 3741 of such title to the following former members of the Army for conspicuous acts of gallantry and intrepidity at the risk of their life and beyond the call of duty, as described in subsection (b):

(1)

First Lieutenant Alonzo H. Cushing, Civil War.

(2)

Private John A. Sipe, Civil War.

(3)

Chaplain (Captain) Emil J. Kapaun, Korean War.

(4)

Specialist Four Robert L. Towles, Vietnam War.

(b)

Acts of valor described

(1)

First Lieutenant Alonzo H. Cushing

In the case of First Lieutenant Alonzo H. Cushing, the acts of valor referred to in subsection (a) are the actions of then First Lieutenant Alonzo H. Cushing while in command of Battery A, 4th United States Artillery, Army of the Potomac, at Gettysburg, Pennsylvania, on July 3, 1863, during the American Civil War.

(2)

Private John A. Sipe

In the case of Private John A. Sipe, the acts of valor referred to in subsection (a) are the actions of then Private John A. Sipe of Company I of the 205th Regiment Pennsylvania Volunteers, part of the 2d Brigade, 3d Division, 9th Corps, Army of the Potomac, on March 25, 1865, during the American Civil War.

(3)

Chaplain Emil J. Kapaun

In the case of Chaplain (Captain) Emil J. Kapaun, the acts of valor referred to in subsection (a) are the actions of Chaplain Emil J. Kapaun of 3d Battalion, 8th Cavalry Regiment, 1st Cavalry Division during the Battle of Unsan on November 1 and 2, 1950, and while a prisoner of war until his death on May 23, 1952, during the Korean War.

(4)

Specialist Four Robert L. Towles

In the case of Specialist Four Robert L. Towles, the acts of valor referred to in subsection (a) are the actions of then Specialist Four Robert L. Towles of Company D, 2d Battalion, 7th Cavalry, 1st Cavalry Division on November 17, 1965, during the Vietnam War for which he was originally awarded the Bronze Star with V Device.

577.

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

(a)

Authorization

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army is authorized and requested to award the Distinguished-Service Cross under section 3742 of such title to former Captain Jay C. Copley of the United States Army for the acts of valor during the Vietnam War described in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of then Captain Jay C. Copley on May 5, 1968, as commander of Company C of the 1st Battalion, 50th Infantry, 173d Airborne Brigade during an engagement with a regimental-size enemy force in Bin Dinh Province, South Vietnam.

578.

Program to commemorate 60th anniversary of the Korean War

(a)

Commemorative Program Authorized

The Secretary of Defense may establish and conduct a program to commemorate the 60th anniversary of the Korean War (in this section referred to as the commemorative program). In conducting the commemorative program, the Secretary shall coordinate and support other programs and activities of the Federal Government, State and local governments, and other persons and organizations in commemoration of the Korean War.

(b)

Schedule

If the Secretary of Defense establishes the commemorative program, the Secretary shall determine the schedule of major events and priority of efforts for the commemorative program to achieve the commemorative objectives specified in subsection (c). The Secretary may establish a committee to assist the Secretary in determining the schedule and conducting the commemorative program.

(c)

Commemorative Activities and Objectives

The commemorative program may include activities and ceremonies to achieve the following objectives:

(1)

To thank and honor veterans of the Korean War, including members of the Armed Forces who were held as prisoners of war or listed as missing in action, for their service and sacrifice on behalf of the United States.

(2)

To thank and honor the families of veterans of the Korean War for their sacrifices and contributions, especially families who lost a loved one in the Korean War.

(3)

To highlight the service of the Armed Forces during the Korean War and the contributions of Federal agencies and governmental and non-governmental organizations that served with, or in support of, the Armed Forces.

(4)

To pay tribute to the sacrifices and contributions made on the home front by the people of the United States during the Korean War.

(5)

To provide the people of the United States with a clear understanding and appreciation of the lessons and history of the Korean War.

(6)

To highlight the advances in technology, science, and medicine related to military research conducted during the Korean War.

(7)

To recognize the contributions and sacrifices made by the allies of the United States during the Korean War.

(d)

Use of The United States of America Korean War Commemoration and Symbols

Subsection (c) of section 1083 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1918), as amended by section 1067 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2134) and section 1052 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 764), shall apply to the commemorative program.

(e)

Commemorative Fund

(1)

Establishment of new account

If the Secretary of Defense establishes the commemorative program, the Secretary the Treasury shall establish in the Treasury of the United States an account to be known as the Department of Defense Korean War Commemoration Fund (in this section referred to as the Fund).

(2)

Administration and use of fund

The Fund shall be available to, and administered by, the Secretary of Defense. The Secretary shall use the assets of the Fund only for the purpose of conducting the commemorative program and shall prescribe such regulations regarding the use of the Fund as the Secretary considers to be necessary.

(3)

Deposits

There shall be deposited into the Fund the following:

(A)

Amounts appropriated to the Fund.

(B)

Proceeds derived from the use by the Secretary of Defense of the exclusive rights described in subsection (c) of section 1083 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1918).

(C)

Donations made in support of the commemorative program by private and corporate donors.

(4)

Availability

Subject to paragraph (5), amounts in the Fund shall remain available until expended.

(5)

Treatment of unobligated funds; transfer

If unobligated amounts remain in the Fund as of September 30, 2013, the Secretary of the Treasury shall transfer the amounts to the Department of Defense Vietnam War Commemorative Fund established pursuant to section 598(e) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 113 note). The transferred amounts shall be merged with, and available for the same purposes as, other amounts in the Department of Defense Vietnam War Commemorative Fund.

(f)

Acceptance of Voluntary Services

(1)

Authority to accept services

Notwithstanding section 1342 of title 31, United States Code, the Secretary of Defense may accept from any person voluntary services to be provided in furtherance of the commemorative program. The Secretary shall prohibit the solicitation of any voluntary services if the nature or circumstances of such solicitation would compromise the integrity or the appearance of integrity of any program of the Department of Defense or of any individual involved in the program.

(2)

Compensation for work-related injury

A person providing voluntary services under this subsection shall be considered to be a Federal employee for purposes of chapter 81 of title 5, United States Code, relating to compensation for work-related injuries. The person shall also be considered a special governmental employee for purposes of standards of conduct and sections 202, 203, 205, 207, 208, and 209 of title 18, United States Code. A person who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of voluntary services under this subsection.

(3)

Reimbursement of incidental expenses

The Secretary may provide for reimbursement of incidental expenses incurred by a person providing voluntary services under this subsection. The Secretary shall determine which expenses are eligible for reimbursement under this paragraph.

(g)

Report required

If the Secretary of Defense conducts the commemorative program, the Inspector General of the Department of Defense shall submit to Congress, not later than 60 days after the end of the commemorative program, a report containing an accounting of—

(1)

all of the funds deposited into and expended from the Fund;

(2)

any other funds expended under this section; and

(3)

any unobligated funds remaining in the Fund as of September 30, 2013, that are transferred to the Department of Defense Vietnam War Commemorative Fund pursuant to subsection (e)(5).

(h)

Limitation on Expenditures

Using amounts appropriated to the Department of Defense, the Secretary of Defense may not expend more than $5,000,000 to carry out the commemorative program.

579.

Establishment of Combat Medevac Badge

(a)

Army

(1)

In general

Chapter 357 of title 10, United States Code, is amended by adding at the end the following new section:

3757.

Combat Medevac Badge

(a)

Issuance

The Secretary of the Army shall issue a badge of appropriate design, to be known as the Combat Medevac Badge, to each person who while a member of the Army served in combat on or after June 25, 1950, as a pilot or crew member of a helicopter medical evacuation ambulance and who meets the requirements for the award of that badge.

(b)

Eligibility Requirements

The Secretary of the Army shall prescribe requirements for eligibility for the Combat Medevac Badge.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

3757. Combat Medevac Badge.

.

(b)

Navy and Marine Corps

(1)

In general

Chapter 567 of title 10, United States Code, is amended by adding at the end the following new section:

6259.

Combat Medevac Badge

(a)

Issuance

The Secretary of the Navy shall issue a badge of appropriate design, to be known as the Combat Medevac Badge, to each person who while a member of the Navy or Marine Corps served in combat on or after June 25, 1950, as a pilot or crew member of a helicopter medical evacuation ambulance and who meets the requirements for the award of that badge.

(b)

Eligibility Requirements

The Secretary of the Navy shall prescribe requirements for eligibility for the Combat Medevac Badge.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

6259. Combat Medevac Badge.

.

(c)

Air Force

(1)

In general

Chapter 857 of title 10, United States Code, is amended by adding at the end the following new section:

8757.

Combat Medevac Badge

(a)

Issuance

The Secretary of the Air Force shall issue a badge of appropriate design, to be known as the Combat Medevac Badge, to each person who while a member of the Air Force served in combat on or after June 25, 1950, as a pilot or crew member of a helicopter medical evacuation ambulance and who meets the requirements for the award of that badge.

(b)

Eligibility Requirements

The Secretary of the Air Force shall prescribe requirements for eligibility for the Combat Medevac Badge.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

8757. Combat Medevac Badge.

.

(d)

Award for service before date of enactment

In the case of persons who, while a member of the Armed Forces, served in combat as a pilot or crew member of a helicopter medical evacuation ambulance during the period beginning on June 25, 1950, and ending on the date of enactment of this Act, the Secretary of the military department concerned shall issue the Combat Medevac Badge—

(1)

to each such person who is known to the Secretary before the date of enactment of this Act; and

(2)

to each such person with respect to whom an application for the issuance of the badge is made to the Secretary after such date in such manner, and within such time period, as the Secretary may require.

580.

Retroactive award of Army Combat Action Badge

(a)

Authority To award

The Secretary of the Army may award the Army Combat Action Badge (established by order of the Secretary of the Army through Headquarters, Department of the Army Letter 600–05–1, dated June 3, 2005) to a person who, while a member of the Army, participated in combat during which the person personally engaged, or was personally engaged by, the enemy at any time during the period beginning on December 7, 1941, and ending on September 18, 2001 (the date of the otherwise applicable limitation on retroactivity for the award of such decoration), if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation.

(b)

Procurement of badge

The Secretary of the Army may make arrangements with suppliers of the Army Combat Action Badge so that eligible recipients of the Army Combat Action Badge pursuant to subsection (a) may procure the badge directly from suppliers, thereby eliminating or at least substantially reducing administrative costs for the Army to carry out this section.

580A.

Review regarding award of Medal of Honor to Jewish American World War I veterans

(a)

Review required

The Secretary of the Army and the Secretary of the Navy shall review the service records of each Jewish American World War I veteran described in subsection (b) to determine whether that veteran should be posthumously awarded the Medal of Honor.

(b)

Covered jewish american war veterans

The Jewish American World War I veterans whose service records are to be reviewed under subsection (a) are the following:

(1)

Any Jewish American World War I veteran who was previously awarded the Distinguished Service Cross, the Navy Cross, or other military decoration for service during World War I.

(2)

Any other Jewish American World War I veteran whose name is submitted to the Secretary concerned for such purpose by the Jewish War Veterans of the United States of America before the end of the 1-year period beginning on the date of the enactment of this Act.

(c)

Consultations

In carrying out the review under subsection (a), the Secretary concerned shall consult with the Jewish War Veterans of the United States of America and with such other veterans service organizations as the Secretary considers appropriate.

(d)

Recommendation based on review

If the Secretary concerned determines, based upon the review under subsection (a) of the service records of any Jewish American World War I veteran, that the award of the Medal of Honor to that veteran is warranted, the Secretary shall submit to the President a recommendation that the President award the Medal of Honor posthumously to that veteran.

(e)

Authority to award medal of honor

A Medal of Honor may be awarded posthumously to a Jewish American World War I veteran in accordance with a recommendation of the Secretary concerned under subsection (a).

(f)

Waiver of time limitations

An award of the Medal of Honor may be made under subsection (e) without regard to—

(1)

section 3744, 6248, or 8744 of title 10, United States Code; and

(2)

any regulation or other administrative restriction on—

(A)

the time for awarding the Medal of Honor; or

(B)

the awarding of the Medal of Honor for service for which a Distinguished Service Cross, Navy Cross, or other military decoration has been awarded.

(g)

Definitions

In this section:

(1)

The term Jewish American World War I veteran means any person who served in the Armed Forces during World War I and identified himself or herself as Jewish on his or her military personnel records.

(2)

The term Secretary concerned means—

(A)

the Secretary of the Army, in the case of the Army; and

(B)

the Secretary of the Navy, in the case of the Navy and the Marine Corps.

(3)

The term World War I means the period beginning on April 6, 1917, and ending on November 11, 1918.

I

Military Family Readiness Matters

581.

Appointment of additional member of Department of Defense Military Family Readiness Council

(a)

Inclusion of spouse of general or flag officer

Subsection (b) of section 1781a of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by redesignating subparagraph (E) as subparagraph (F); and

(B)

by inserting after subparagraph (D) the following new subparagraph:

(E)

The spouse of a general or flag officer.

; and

(2)

in paragraph (2), by striking subparagraphs (C) and (D) and inserting subparagraphs (C), (D), and (E).

(b)

Clarification of appointment options for existing member

Subparagraph (F) of subsection (b)(1) of such section, as redesignated by subsection (a)(1)(A), is amended to read as follows:

(F)

In addition to the representatives appointed under subparagraphs (B) and (C), the senior enlisted advisor, or the spouse of a senior enlisted member, from each of the Army, Navy, Marine Corps, and Air Force.

.

(c)

Appointment by Secretary of Defense

Subsection (b) of such section is further amended—

(1)

in paragraph (1)—

(A)

in subparagraph (B), by striking , who shall be appointed by the Secretary of Defense;

(B)

in subparagraph (C), by striking , who shall be appointed by the Secretary of Defense both places it appears; and

(C)

in subparagraph (D), by striking by the Secretary of Defense; and

(2)

by adding at the end the following new paragraph:

(3)

The Secretary of Defense shall appoint the members of the Council required by subparagraphs (B) through (F) of paragraph (1).

.

582.

Director of the Office of Community Support for Military Families With Special Needs

Subsection (c) of section 1781c of title 10, United States Code, is amended to read as follows:

(c)

Director

(1)

The head of the Office shall be the Director of the Office of Community Support for Military Families With Special Needs, who shall be a member of the Senior Executive Service or a general officer or flag officer.

(2)

In the discharge of the responsibilities of the Office, the Director shall be subject to the supervision, direction, and control of the Under Secretary of Defense for Personnel and Readiness.

.

583.

Pilot program of personalized career development counseling for military spouses

(a)

Pilot Program Required

Section 1784a of title 10, United States Code, is amended—

(1)

by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(2)

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

(d)

Personalized career development counseling

(1)

Pilot Program Required

The Secretary of Defense shall conduct a pilot program designed to provide personalized career development counseling to the spouses of members of the armed forces eligible for assistance under this section, including the development of strategies, step-by-step guidelines, and customizable milestones—

(A)

to promote a comprehensive, introspective review of personal skills, experience, goals, and requirements with a view to developing a personalized plan for career development;

(B)

to identify career options that are portable, personally rewarding, and compatible with personal strengths, skills, and experience;

(C)

to instruct and encourage the use of sound personal and professional management practices; and

(D)

to plan career attainment progression objectives and measure progress.

(2)

Incentives to fill critical civilian specialties

In conducting the pilot program, the Secretary shall consider methods to provide incentives for program participants to fill critical civilian specialties needed in the Department of Defense, including the following:

(A)

Mental health and other health care.

(B)

Social work.

(C)

Family welfare.

(D)

Contract and acquisition management.

(E)

Personal financial management.

(F)

Day care services.

(G)

Education.

(H)

Military resale system.

(I)

Morale, welfare and recreation activities.

(J)

Law enforcement.

(3)

Process reviews

The Secretary shall include in the pilot program a periodic review, to be conducted by counselors, of progress made by participants to determine if changes to personal career strategies may be necessary.

(4)

Number of participants

The Secretary of Defense shall enroll at least 75 military spouses in the pilot program, but not more than 150 military spouses.

(5)

Geographic coverage of pilot program

The pilot program shall be conducted in at least three separate geographic areas, as determined by the Secretary of Defense.

(6)

Counselors

The Secretary of Defense may enter into contracts with career counselors to provide counseling services under the pilot program. There shall be at least one counselor in each of the geographic areas of the pilot program.

(7)

Annual evaluation

The Secretary of Defense shall conduct an annual evaluation of the pilot program to determine the following:

(A)

The effectiveness of the pilot program in improving the ability of participants to identify, develop, and obtain employment in portable career fields.

(B)

The self-reported levels of professional satisfaction of participants.

(C)

The quality of careers selected and pursued.

(D)

The rates of success—

(i)

as determined and evaluated by participants; and

(ii)

as determined by the Secretary.

(8)

Annual report

(A)

Report required

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives an annual report containing—

(i)

the results of the most-recent annual evaluation conducted under paragraph (7); and

(ii)

the matters required by subparagraph (B).

(B)

Contents

Each report under this paragraph shall contain, at a minimum, the following:

(i)

The number of participants in the pilot program.

(ii)

Recommendations for adjustments to the pilot program.

(iii)

Recommendations for extending the pilot program or implementing a permanent comprehensive career development for military spouses.

(C)

Time for submission

The first report under this subsection shall be submitted not later than one year after the date of the commencement of counseling services under the pilot program. Subsequent reports shall be submitted for each year of the pilot program, with the final report being submitted not later than 90 days after the termination of the pilot program.

(9)

Termination

The pilot program shall terminate at the end of the three-year period beginning on the date on which the Secretary of Defense notifies the Committees on Armed Services of the Senate and the House of Representatives of the commencement of counseling services under the pilot program.

.

(b)

Implementation Plan

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and the House of Representatives a plan to implement the pilot program under subsection (d) of section 1784a of title 10, United States Code, as added by subsection (a).

584.

Modification of Yellow Ribbon Reintegration Program

(a)

Office for Reintegration Programs

Subsection (d)(1) of section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended—

(1)

by striking The Under and inserting the following:

(A)

In general

The Under

; and

(2)

in the last sentence—

(A)

by striking The office may also and inserting the following:

(B)

Partnerships and access

The office may

;

(B)

by inserting and the Department of Veterans Affairs after Administration; and

(C)

by adding at the end the following new sentence: Service and State-based programs may provide access to curriculum, training, and support for services to members and families from all components..

(b)

Center for excellence in reintegration

Subsection (d)(2) of such section is amended by adding at the end the following new sentence: The Center shall develop and implement a process for evaluating the effectiveness of the Yellow Ribbon Reintegration Program in supporting the health and well-being of members of the Armed Forces and their families throughout the deployment cycle described in subsection (g).

(c)

State Deployment Cycle Support Teams

Subsection (f)(3) of such section is amended by inserting and community-based organizations after service providers.

(d)

Operation of Program during Deployment and Post-deployment-reconstitution phases

Subsection (g) of such section is amended—

(1)

in paragraph (3), by inserting and to decrease the isolation of families during deployment after combat zone; and

(2)

in paragraph (5)(A), by inserting , providing information on employment opportunities, after communities.

(e)

Additional outreach service

Subsection (h) of such section, as amended by section 595(1) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 110–84; 123 Stat. 2338), is amended by adding at the end the following new paragraph:

(15)

Resiliency training to promote comprehensive programs for members of the Armed Forces to build mental and emotional resiliency for successfully meeting the demands of the deployment cycle.

.

585.

Importance of Office of Community Support for Military Families with Special Needs

(a)

Sense of Congress

It is the sense of Congress that the Office of Community Support for Military Families with Special Needs, as established pursuant to section 1781c of title 10, United States Code, as added by section 563 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2304), is the best structure—

(1)

to determine what medical, educational, and other support services are required by military families with children who have a medical or educational special need; and

(2)

to ensure that those services are made available to military families with special needs.

(b)

Specific budgeting for Office

Effective with the Program Objective Memorandum to be issued for fiscal year 2012 and thereafter and containing recommended programming and resource allocations for the Department of Defense, the Secretary of Defense shall specifically address the Office of Community Support for Military Families with Special Needs to ensure that a separate line of funding is allocated to the Office.

586.

Comptroller General report on Department of Defense Office of Community Support for Military Families with Special Needs

(a)

Report required

The Comptroller General of the United States shall prepare a report identifying—

(1)

the progress made in implementing the Office of Community Support for Military Families with Special Needs, as established pursuant to section 1781c of title 10, United States Code, as added by section 563 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2304);

(2)

the policies governing the operation of the Office; and

(3)

any gaps that still exist in ensuring that members of the Armed Forces who have dependents with special needs receive the support and services they deserve.

(b)

Elements of report

In the report required by subsection (a), the Comptroller General shall specifically address the following:

(1)

The implementation of the responsibilities and duties assigned to the Office of Community Support for Military Families With Special Needs pursuant to subsections (d), (e), and (f) of section 1781c of title 10, United States Code.

(2)

The manner in which the Department of Defense and the military departments intend to ensure that feedback is provided to the Office of Community Support for Military Families With Special Needs to ensure that the services and policy put in place are appropriate.

(c)

Recommendations

The Comptroller General shall include in the report required by subsection (a) specific recommendations on the establishment, reporting requirements, internal monitoring, and oversight of the Office of Community Support for Military Families With Special Needs by the Under Secretary of Defense for Personnel and Readiness to ensure that the mission of the Office is being accomplished.

(d)

Report

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit the report required by subsection (a) to the congressional defense committees.

587.

Comptroller General report on Exceptional Family Member Program

(a)

Assessment required

The Comptroller General of the United States shall conduct an assessment of the Exceptional Family Member Program of the Department of Defense to review the operation of the program in each of the Armed Forces, including program policies, best practices, execution, implementation and strategic planning, to determine program variances and to make recommendations to improve and standardize program effectiveness and support for members of the Armed Forces who have dependents with special needs.

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report containing the results of the assessment and review under subsection (a).

588.

Comptroller General review of Department of Defense military spouse employment programs

(a)

Comptroller general review

The Comptroller General of the United States shall carry out a review of all Department of Defense spouse employment programs.

(b)

Elements of review

At a minimum, the review shall address the following:

(1)

The efficacy and effectiveness of Department of Defense spouse employment programs.

(2)

All current Department of Defense programs that are in place to support military spouses or dependents for the purposes of employment assistance.

(3)

The types of military spouse employment programs that have been considered or used in the past by the Department of Defense.

(4)

The ways in which military spouse employment programs have changed in recent years.

(5)

The benefits or programs that are specifically available to support military spouses of members of the Armed Forces serving in Operation Iraqi Freedom or Operation Enduring Freedom.

(6)

The existing feedback mechanisms available for military spouses to express their views on the effectiveness and future direction of relevant Department of Defense programs and policies.

(7)

The degree of oversight provided by the Office of Personnel and Management regarding military spouse preferences.

(c)

Submission of results

Not later than March 1, 2011, the Comptroller General shall submit to the congressional defense committees a report containing—

(1)

the results of the review;

(2)

the assumptions upon which the review was based and the validity and completeness of such assumptions; and

(3)

such recommendations as the Comptroller General considers necessary for improving Department of Defense spouse employment programs.

589.

Report on Department of Defense military spouse education programs

(a)

Review required

The Secretary of Defense shall carry out a review of all Department of Defense education programs designed to support spouses of members of the Armed Forces.

(b)

Elements of review

At a minimum, the review shall evaluate the following:

(1)

All current Department of Defense programs that are in place to advance military spouse education opportunities.

(2)

The efficacy and effectiveness of Department of Defense spouse education programs.

(3)

The effect that a lack military spouse education opportunities has on the ability to retain members of the Armed Forces.

(4)

A comparison of the costs associated with providing military spouse education opportunities to retain members rather than recruiting or training new members.

(c)

Submission of results

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing—

(1)

the results of the review; and

(2)

such recommendations as the Secretary considers necessary for improving Department of Defense spouse education programs.

590.

Annual leave for family of deployed members of the uniformed services

(a)

In general

Part III of title 38, United States Code, is amended by adding at the end the following new chapter:

44

Annual leave for family of deployed members of the uniformed services

Sec.

4401. Definitions.

4402. Leave requirement.

4403. Certification.

4404. Employment and benefits protection.

4405. Prohibited acts.

4406. Enforcement.

4407. Miscellaneous provisions.

4401.

Definitions

In this chapter:

(1)

The terms benefit, rights and benefits, employee, employer, and uniformed services have the meaning given such terms in section 4303 of this title.

(2)

The term contingency operation has the same meaning given such term in section 101(a)(13) of title 10.

(3)

The term eligible employee means an individual who is—

(A)

a family member of a member of a uniformed service;

(B)

an employee of the employer with respect to whom leave is requested under section 4402 of this title; and

(C)

not entitled to leave under section 102(a)(1)(E) of the Family Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(E)).

(4)

The term family member means an individual who is, with respect to another individual, one of the following:

(A)

The spouse of the other individual.

(B)

A son or daughter of the other individual.

(C)

A parent of the other individual.

(5)

The term reduced leave schedule means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

(6)

The terms spouse, son or daughter, and parent have the meaning given such terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).

4402.

Leave requirement

(a)

Entitlement to leave

In any 12-month period, an eligible employee shall be entitled to two workweeks of leave for each family member of the eligible employee who, during such 12-month period—

(1)

is in the uniformed services; and

(2)
(A)

receives notification of an impending call or order to active duty in support of a contingency operation; or

(B)

is deployed in connection with a contingency operation.

(b)

Leave taken intermittently or on reduced leave schedule

(1)

Leave under subsection (a) may be taken by an eligible employee intermittently or on a reduced leave schedule as the eligible employee considers appropriate.

(2)

The taking of leave intermittently or on a reduced leave schedule pursuant to this subsection shall not result in a reduction in the total amount of leave to which the eligible employee is entitled under subsection (a) beyond the amount of leave actually taken.

(c)

Paid leave permitted

Leave granted under subsection (a) may consist of paid leave or unpaid leave as the employer of the eligible employee considers appropriate.

(d)

Relationship to paid leave

(1)

If an employer provides paid leave to an eligible employee for fewer than the total number of workweeks of leave that the eligible employee is entitled to under subsection (a), the additional amount of leave necessary to attain the total number of workweeks of leave required under subsection (a) may be provided without compensation.

(2)

An eligible employee may elect, and an employer may not require the eligible employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the eligible employee for leave provided under subsection (a) for any part of the total period of such leave the eligible employee is entitled to under such subsection.

(e)

Notice for leave

In any case in which an eligible employee chooses to use leave under subsection (a), the eligible employee shall provide such notice to the employer as is reasonable and practicable.

4403.

Certification

(a)

In general

An employer may require that a request for leave under section 4402(a) of this title be supported by a certification of entitlement to such leave.

(b)

Timeliness of certification

An eligible employee shall provide, in a timely manner, a copy of the certification required by subsection (a) to the employer.

(c)

Sufficient certification

A copy of the notification, call, or order described in section 4402(a)(2) of this title shall be considered sufficient certification of entitlement to leave for purposes of providing certification under this section. The Secretary may prescribe such additional forms and manners of certification as the Secretary considers appropriate for purposes of providing certification under this section.

4404.

Employment and benefits protection

(a)

In general

An eligible employee who takes leave under section 4402 of this title for the intended purpose of the leave shall be entitled, on return from such leave—

(1)

to be restored by the employer to the position of employment held by the eligible employee when the leave commenced; or

(2)

to be restored to an equivalent position with equivalent rights and benefits of employment.

(b)

Loss of benefits

The taking of leave under section 4402 of this title shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.

(c)

Limitations

Nothing in this section shall be construed to entitle any restored employee to—

(1)

the accrual of any seniority or employment benefits during any period of leave; or

(2)

any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

4405.

Prohibited acts

(a)

Exercise of rights

It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this chapter.

(b)

Discrimination

It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this chapter.

4406.

Enforcement

The provisions of subchapter III of chapter 43 of this title shall apply with respect to the provisions of this chapter as if such provisions were incorporated into and made part of this chapter.

4407.

Miscellaneous provisions

The provisions of subchapter IV of chapter 43 of this title shall apply with respect to the provisions of this chapter as if such provisions were incorporated into and made part of this chapter.

.

(b)

Clerical amendments

The table of chapters at the beginning of title 38, United States Code, and at the beginning of part III of such title, are each amended by inserting after the item relating to chapter 43 the following new item:

44.Annual Leave for Family of Deployed Members of the Uniformed Services4401.

.

590A.

Codification and continuation of Joint Family Support Assistance Program

(a)

Codification and continuation

Chapter 88, of title 10, United States Code, is amended by inserting after section 1788 the following new section:

1788a.

Joint Family Support Assistance Program

(a)

Program required

The Secretary of Defense shall continue to carry out the program known as the Joint Family Support Assistance Program for the purpose of providing to families of members of the armed forces the following types of assistance:

(1)

Financial and material assistance.

(2)

Mobile support services.

(3)

Sponsorship of volunteers and family support professionals for the delivery of support services.

(4)

Coordination of family assistance programs and activities provided by Military OneSource, Military Family Life Consultants, counselors, the Department of Defense, other Federal agencies, State and local agencies, and non-profit entities.

(5)

Facilitation of discussion on military family assistance programs, activities, and initiatives between and among the organizations, agencies, and entities referred to in paragraph (4).

(6)

Non-medical counseling.

(7)

Such other assistance that the Secretary considers appropriate.

(b)

Locations

The Secretary of Defense shall carry out the program in at least six areas of the United States selected by the Secretary. Up to three of the areas selected for the program shall be areas that are geographically isolated from military installations.

(c)

Resources and volunteers

The Secretary of Defense shall provide personnel and other resources of the Department of Defense necessary for the implementation and operation of the program and may accept and utilize the services of non-Government volunteers and non-profit entities under the program.

(d)

Procedures

The Secretary of Defense shall establish procedures for the operation of the program and for the provision of assistance to families of members of the Armed Forces under the program.

(e)

Relation to family support centers

The program is not intended to operate in lieu of other family support centers, but is instead intended to augment the activities of the family support centers.

.

(b)

Clerical amendment

The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 1788a the following new item:

1788a. Joint Family Support Assistance Program.

.

(c)

Repeal of superceded provision

Section 675 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 119 Stat. 2273; 10 U.S.C. 1781 note) is repealed.

J

Other Matters

591.

Establishment of Junior Reserve Officers’ Training Corps units for students in grades above sixth grade

Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection:

(g)
(1)

In addition to units of the Junior Reserve Officers’ Training Corps established at public and private secondary educational institutions under subsection (a), the Secretary of each military department may carry out a pilot program to establish and support units at public and private educational institutions that are not secondary educational institutions to permit the enrollment of students in the Corps who, notwithstanding the limitation in subsection (b)(1), are in a grade above the sixth grade. Under the pilot program, the Secretary may authorize a course of military instruction of not less than two academic years’ duration, notwithstanding subsection (b)(3).

(2)

Except as provided in paragraph (1), a unit of the Junior Reserve Officers’ Training Corps established and supported under the pilot program must meet the requirements of this section.

(3)

The Secretary of the military department concerned shall conduct a review of the pilot program. The review shall include an evaluation of what impacts, if any, the pilot program may have on the operation of the Junior Reserve Officers’ Training Corps in secondary educational institutions.

.

592.

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

Section 2167(a) of title 10, United States Code, is amended by striking 20 full-time student positions and inserting 35 full-time student positions.

593.

Admission of defense industry civilians to attend United States Air Force Institute of Technology

(a)

Admission authority

Chapter 901 of title 10, United States Code, is amended by inserting after section 9314 the following new section:

9314a.

United States Air Force Institute of Technology: admission of defense industry civilians

(a)

Admission authorized

(1)

The Secretary of the Air Force may permit defense industry employees described in subsection (b) to receive instruction at the United States Air Force Institute of Technology in accordance with this section. Any such defense industry employee may be enrolled in, and may be provided instruction in, a program leading to a graduate degree in a defense focused curriculum related to aeronautics and astronautics, electrical and computer engineering, engineering physics, mathematics and statistics, operational sciences, or systems and engineering management.

(2)

No more than 125 defense industry employees may be enrolled at the United States Air Force Institute of Technology at any one time under the authority of paragraph (1).

(3)

Upon successful completion of the course of instruction at the United States Air Force Institute of Technology in which a defense industry employee is enrolled, the defense industry employee may be awarded an appropriate degree under section 9314 of this title.

(b)

Eligible defense industry employees

For purposes of this section, an eligible defense industry employee is an individual employed by a private firm that is engaged in providing to the Department of Defense significant and substantial defense-related systems, products, or services. A defense industry employee admitted for instruction at the United States Air Force Institute of Technology remains eligible for such instruction only so long at that person remains employed by the same firm.

(c)

Annual determination by the Secretary of the Air Force

Defense industry employees may receive instruction at the United States Air Force Institute of Technology during any academic year only if, before the start of that academic year, the Secretary of the Air Force, or the designee of the Secretary, determines that providing instruction to defense industry employees under this section during that year—

(1)

will further the military mission of the United States Air Force Institute of Technology; and

(2)

will be done on a space-available basis and not require an increase in the size of the faculty of the school, an increase in the course offerings of the school, or an increase in the laboratory facilities or other infrastructure of the school.

(d)

Program requirements

The Secretary of the Air Force shall ensure that—

(1)

the curriculum in which defense industry employees may be enrolled under this section is not readily available through other schools and concentrates on the areas of focus specified in subsection (a)(1) that are conducted by military organizations and defense contractors working in close cooperation; and

(2)

the course offerings at the United States Air Force Institute of Technology continue to be determined solely by the needs of the Department of Defense.

(e)

Tuition

(1)

The United States Air Force Institute of Technology shall charge tuition for students enrolled under this section at a rate not less than the rate charged for employees of the United States outside the Department of the Air Force.

(2)

Amounts received by the United States Air Force Institute of Technology for instruction of students enrolled under this section shall be retained by the school to defray the costs of such instruction. The source, and the disposition, of such funds shall be specifically identified in records of the school.

(f)

Standards of conduct

While receiving instruction at the United States Air Force Institute of Technology, defense industry employees enrolled under this section, to the extent practicable, are subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the school.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9314 the following new item:

9314a. United States Air Force Institute of Technology: admission of defense industry civilians.

.

594.

Date for submission of annual report on Department of Defense STARBASE Program

Section 2193b(g) of title 10, United States Code, is amended by striking 90 days after the end of each fiscal year and inserting March 31 of each year.

595.

Extension of deadline for submission of final report of Military Leadership Diversity Commission

Section 596(e)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4478) is amended by striking 12 months and inserting 18 months.

596.

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

(a)

Codification and expansion of existing authority to cover additional members and employees

(1)

Codification and expansion

Chapter 155 of title 10, United States Code, is amended by inserting after section 2601 the following new section:

2601a.

Direct acceptance of gifts by members of the armed forces and Department of Defense and Coast Guard employees and their families

(a)

Regulations governing acceptance of gifts

(1)

The Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) shall issue regulations to provide that, subject to such limitations as may be specified in such regulations, the following individuals may accept gifts from nonprofit organizations, private parties, and other sources outside the Department of Defense or the Department of Homeland Security:

(A)

A member of the armed forces described in subsection (c).

(B)

A civilian employee of the Department of Defense or Coast Guard described in subsection (d).

(C)

The family members of such a member or employee.

(D)

Survivors of such a member or employee who is killed.

(2)

The regulations required by this subsection shall apply uniformly to all elements of the Department of Defense and, to the maximum extent feasible, to the Coast Guard.

(b)

Exception to gift ban

A member of the armed forces described in subsection (c) and a civilian employee described in subsection (d) may accept gifts as provided in the regulations issued under subsection (a) notwithstanding section 7353 of title 5.

(c)

Covered members

This section applies to a member of the armed forces who, while performing active duty, full-time National Guard duty, or inactive-duty training on or after September 11, 2001, incurred an injury or illness—

(1)

as described in section 1413a(e)(2) of this title;

(2)

in an operation or area designated as a combat operation or a combat zone by the Secretary of Defense in accordance with the regulations issued under subsection (a); or

(3)

under other circumstances determined by the Secretary concerned to warrant treatment analogous to members covered by paragraph (1) or (2).

(d)

Covered employees

This section applies to a civilian employee of the Department of Defense or Coast Guard who, while an employee on or after September 11, 2001, incurred an injury or illness under a circumstance described in paragraph (1), (2), or (3) of subsection (c).

(e)

Gifts from certain sources prohibited

The regulations issued under subsection (a) may not authorize the acceptance of a gift from a foreign government or international organization or their agents.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2601 the following new item:

2601a. Direct acceptance of gifts by members of the armed forces and Department of Defense and Coast Guard employees and their families.

.

(b)

Repeal of superceded provision

Section 8127 of the Department of Defense Appropriations Act, 2006 (division A of Public Law 109–148; 119 Stat. 2730; 10 U.S.C. 2601 note prec.) is repealed.

(c)

Application of existing regulations

Pending the issuance of the regulations required by subsection (a) of section 2601a of title 10, United States Code, as added by subsection (a), the regulations prescribed under section 8127 of the Department of Defense Appropriations Act, 2006 (division A of Public Law 109–148; 119 Stat. 2730; 10 U.S.C. 2601 note prec.) shall apply to the acceptance of gifts under such section 2601a.

(d)

Retroactive applicability of regulations

The regulations issued under subsection (a) of section 2601a of title 10, United States Code, as added by subsection (a), shall, to the extent provided in such regulations, also apply to the acceptance of gifts during the period beginning on September 11, 2001, and ending on the date on which such regulations go into effect.

597.

Report on performance and improvements of Transition Assistance Program

(a)

Report required

The Secretary of Defense shall prepare a report on the Transition Assistance Program of the Department of Defense.

(b)

Elements

The report shall include the following:

(1)

A statement and analysis of the rates of post-separation employment rates compared with the general population annually since September 11, 2001.

(2)

A chronological summary of the evolution and development of the Transition Assistance Program since September 11, 2001.

(3)

A description of efforts to transform the Transition Assistance Program from one of end-of-service transition to a life-cycle model, in which transition is considered throughout the career of a member of the Armed Forces.

(4)

An analysis of current and future challenges members continue to face upon entering the civilian work force, including a survey of the following individuals and organizations to identify strengths and shortcomings in the Transition Assistance Program:

(A)

A representational population of transitioning or recently separated members.

(B)

Employers with a track record of employing retired or separating members.

(C)

Veterans service organizations and advocacy groups.

(5)

Any recommendations, including recommendations for legislative action, that the Secretary of Defense considers appropriate to improve the organization, policies, consistency of quality, and efficacy of the Transition Assistance Program.

(c)

Consultation

The Secretary of Defense shall prepare the report in consultation with the Secretary of Labor.

(d)

Submission of report

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit the report to the Committees on Armed Services of the Senate and the House of Representatives.

598.

Sense of Congress regarding assisting members of the Armed Forces to participate in apprenticeship programs

(a)

Findings

Congress makes the following findings:

(1)

Some members of the Armed Forces who are separated or released from active duty are having difficulty finding employment after their separation or release.

(2)

Some members who have served for long periods on active duty have the additional difficulty of translating their military experience into skill sets for civilian employment.

(3)

Apprenticeship programs bring immense value to the American workforce and to individuals who participate in such programs.

(4)

Apprenticeship programs assist in the building of résumés and skills of participants and help connect participants with employers and job opportunities.

(5)

Military units returning from deployment often operate at a reduced readiness status, which would allow members who are assigned to the unit, but who are in the process of being separated or released from active duty, to be available to participate in apprenticeship programs.

(b)

Sense of Congress

It is the sense of Congress that commanders of units of the Armed Forces should make every effort to permit members of the Armed Forces who are assigned to the unit, but who are in the process of being separated or released from active duty, to participate in an apprenticeship program that is registered under the Act of Aug. 16, 1937 (commonly known as the National Apprenticeship Act; 29 U.S.C. 50 et seq.).

(c)

Armed forces defined

In this section, the term Armed Forces means the Army, Navy, Air Force, and Marine Corps.

599.

Report on expansion of number of heirloom chest awarded to surviving families

The Secretary of the Army shall submit to the congressional defense committees a report on the heirloom chest policy of the Army, including—

(1)

a detailed explanation of such policy;

(2)

the plans of the Secretary to continue the heirloom chest program; and

(3)

an estimate of the procurement costs to expand the number of such chests to additional family members.

600.

Increase of maximum age for children eligible for medical care under CHAMPVA program

(a)

Increase

Section 1781(c) of title 38, United States Code, is amended—

(1)

by striking twenty-three and inserting twenty-six; and

(2)

by striking twenty-third birthday and inserting twenty-sixth birthday.

(b)

Effective date

The amendments made by subsection (a) shall apply with respect to medical care provided on or after the date of the enactment of this Act.

600A.

Transfer of Troops-to-Teachers Program from Department of Education to Department of Defense

(a)

Transfer of functions

(1)

Transfer

The responsibility and authority for operation and administration of the Troops-to-Teachers Program in chapter A of subpart 1 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.), is transferred from the Secretary of Education to the Secretary of Defense.

(2)

Effective date

The transfer under paragraph (1) shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act, or on such earlier date as the Secretary of Education and the Secretary of Defense may jointly provide.

(b)

Enactment of program authority in title 10, United States Code

(1)

In general

Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section:

1154.

Assistance to eligible members and former members to obtain employment as teachers: Troops-to-Teachers Program

(a)

Definitions

In this section:

(1)

Program

The term Program means the Troops-to-Teachers Program authorized by this section.

(2)

Member of the armed forces

The term member of the armed forces includes a former member of the armed forces.

(3)

Charter school

The term charter school has the meaning given that term in section 5210 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i).

(4)

Additional terms

The terms elementary school, highly qualified teacher, local educational agency, secondary school, and state have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(b)

Program authorization

The Secretary may carry out a program (to be known as the Troops-to-Teachers Program)—

(1)

to assist eligible members of the armed forces described in subsection (d) to obtain certification or licensing as elementary school teachers, secondary school teachers, or vocational or technical teachers, and to become highly qualified teachers; and

(2)

to facilitate the employment of such members—

(A)

by local educational agencies or public charter schools that the Secretary of Education identifies as—

(i)

receiving grants under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a result of having within their jurisdictions concentrations of children from low-income families; or

(ii)

experiencing a shortage of highly qualified teachers, in particular a shortage of science, mathematics, special education, or vocational or technical teachers; and

(B)

in elementary schools or secondary schools, or as vocational or technical teachers.

(c)

Placement assistance and referral services

The Secretary may provide placement assistance and referral services to members of the armed forces who meet the criteria described in subsection (d), including meeting the education qualification requirements under subsection (d)(3)(B). Such members shall not be eligible for financial assistance under paragraphs (3) and (4) of subsection (e).

(d)

Eligibility and application process

(1)

Eligible members

The following members of the armed forces are eligible for selection to participate in the Program:

(A)

Any member who—

(i)

on or after October 1, 1999, becomes entitled to retired or retainer pay under this title or title 14;

(ii)

has an approved date of retirement that is within one year after the date on which the member submits an application to participate in the Program; or

(iii)

has been transferred to the Retired Reserve.

(B)

Any member who, on or after January 8, 2002—

(i)
(I)

is separated or released from active duty after six or more years of continuous active duty immediately before the separation or release; or

(II)

has completed a total of at least ten years of active duty service, ten years of service computed under section 12732 of this title, or ten years of any combination of such service; and

(ii)

executes a reserve commitment agreement for a period of not less than three years under paragraph (5)(B).

(C)

Any member who, on or after January 8, 2002, is retired or separated for physical disability under chapter 61 of this title.

(2)

Submission of applications

(A)

Selection of eligible members of the armed forces to participate in the Program shall be made on the basis of applications submitted to the Secretary within the time periods specified in subparagraph (B). An application shall be in such form and contain such information as the Secretary may require.

(B)

An application shall be considered to be submitted on a timely basis under subparagraph (A)(i), (B), or (C) of paragraph (1) if the application is submitted not later than four years after the date on which the member is retired or separated or released from active duty, whichever applies to the member.

(3)

Selection criteria; educational background requirements and honorable service requirement

(A)

Subject to subparagraphs (B) and (C), the Secretary shall prescribe the criteria to be used to select eligible members of the armed forces to participate in the Program.

(B)
(i)

If a member of the armed forces is applying for assistance for placement as an elementary school or secondary school teacher, the Secretary shall require the member to have received a baccalaureate or advanced degree from an accredited institution of higher education.

(ii)

If a member of the armed forces is applying for assistance for placement as a vocational or technical teacher, the Secretary shall require the member—

(I)

to have received the equivalent of one year of college from an accredited institution of higher education and have six or more years of military experience in a vocational or technical field; or

(II)

to otherwise meet the certification or licensing requirements for a vocational or technical teacher in the State in which the member seeks assistance for placement under the Program.

(C)

A member of the armed forces is eligible to participate in the Program only if the member’s last period of service in the armed forces was honorable, as characterized by the Secretary concerned. A member selected to participate in the Program before the retirement of the member or the separation or release of the member from active duty may continue to participate in the Program after the retirement, separation, or release only if the member’s last period of service is characterized as honorable by the Secretary concerned.

(4)

Selection priorities

In selecting eligible members of the armed forces to receive assistance under the Program, the Secretary shall give priority to members who—

(A)

have educational or military experience in science, mathematics, special education, or vocational or technical subjects; and

(B)

agree to seek employment as science, mathematics, or special education teachers in elementary schools or secondary schools or in other schools under the jurisdiction of a local educational agency.

(5)

Other conditions on selection

(A)

The Secretary may not select an eligible member of the armed forces to participate in the Program and receive financial assistance unless the Secretary has sufficient appropriations for the Program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsection (e) with respect to the member.

(B)

The Secretary may not select an eligible member of the armed forces described in paragraph (1)(B)(i) to participate in the Program under this section and receive financial assistance under subsection (e) unless the member executes a written agreement to serve as a member of the Selected Reserve of a reserve component of the armed forces for a period of not less than three years (in addition to any other reserve commitment the member may have).

(e)

Participation agreement and financial assistance

(1)

Participation agreement

(A)

An eligible member of the armed forces selected to participate in the Program under subsection (b) and receive financial assistance under this subsection shall be required to enter into an agreement with the Secretary in which the member agrees—

(i)

within such time as the Secretary may require, to obtain certification or licensing as an elementary school teacher, secondary school teacher, or vocational or technical teacher, and to become a highly qualified teacher; and

(ii)

to accept an offer of full-time employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher for not less than three school years with a high-need local educational agency or public charter school, as such terms are defined in section 2102 of the Elementary and Secondary Education Act (20 U.S.C. 6602), to begin the school year after obtaining that certification or licensing.

(B)

The Secretary may waive the three-year commitment described in subparagraph (A)(ii) for a participant if the Secretary determines such waiver to be appropriate. If the Secretary provides the waiver, the participant shall not be considered to be in violation of the agreement and shall not be required to provide reimbursement under subsection (f), for failure to meet the three-year commitment.

(2)

Violation of participation agreement; exceptions

A participant in the Program shall not be considered to be in violation of the participation agreement entered into under paragraph (1) during any period in which the participant—

(A)

is pursuing a full-time course of study related to the field of teaching at an institution of higher education;

(B)

is serving on active duty as a member of the armed forces;

(C)

is temporarily totally disabled for a period of time not to exceed three years as established by sworn affidavit of a qualified physician;

(D)

is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled;

(E)

is a highly qualified teacher who is seeking and unable to find full-time employment as a teacher in an elementary school or secondary school or as a vocational or technical teacher for a single period not to exceed 27 months; or

(F)

satisfies the provisions of additional reimbursement exceptions that may be prescribed by the Secretary.

(3)

Stipend for participants

(A)

Subject to subparagraph (B), the Secretary may pay to a participant in the Program selected under this section a stipend in an amount of not more than $5,000.

(B)

The total number of stipends that may be paid under subparagraph (A) in any fiscal year may not exceed 5,000.

(4)

Bonus for participants

(A)

Subject to subparagraph (B), the Secretary may, in lieu of paying a stipend under paragraph (3), pay a bonus of $10,000 to a participant in the Program selected under this section who agrees in the participation agreement under paragraph (1) to become a highly qualified teacher and to accept full-time employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher for not less than three school years in a high-need school.

(B)

The total number of bonuses that may be paid under subparagraph (A) in any fiscal year may not exceed 3,000.

(C)

For purposes of subparagraph (A), the term high-need school means a public elementary school, public secondary school, or public charter school that meets one or more of the following criteria:

(i)

At least 50 percent of the students enrolled in the school were from low-income families (as described in subsection (b)(2)(A)(i)).

(ii)

The school has a large percentage of students who qualify for assistance under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).

(5)

Treatment of stipend and bonus

A stipend or bonus paid under this subsection to a participant in the Program shall be taken into account in determining the eligibility of the participant for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

(f)

Reimbursement under certain circumstances

(1)

Reimbursement required

A participant in the Program who is paid a stipend or bonus under this subsection shall be required to repay the stipend or bonus under the following circumstances:

(A)

The participant fails to obtain teacher certification or licensing, to become a highly qualified teacher, or to obtain employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher as required by the participation agreement under subsection (e)(1).

(B)

The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher during the three years of required service in violation of the participation agreement.

(C)

The participant executed a written agreement with the Secretary concerned under subsection (d)(5)(B) to serve as a member of a reserve component of the armed forces for a period of three years and fails to complete the required term of service.

(2)

Amount of reimbursement

A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under subsection (e) shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the three years of required service. Any amount owed by the participant shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the participant is first notified of the amount due.

(3)

Treatment of obligation

The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11 shall not release a participant from the obligation to reimburse the Secretary under this subsection.

(4)

Exceptions to reimbursement requirement

A participant shall be excused from reimbursement under this subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary may also waive the reimbursement in cases of extreme hardship to the participant, as determined by the Secretary.

(g)

Relationship to educational assistance under montgomery gI bill

The receipt by a participant in the Program of a stipend or bonus under this subsection (e) shall not reduce or otherwise affect the entitlement of the participant to any benefits under chapter 30 or 33 of title 38 or chapter 1606 of this title.

(h)

Participation by states

(1)

Discharge of state activities through consortia of states

The Secretary may permit States participating in the Program to carry out activities authorized for such States under the Program through one or more consortia of such States.

(2)

Assistance to states

(A)

Subject to subparagraph (B), the Secretary may make grants to States participating in the Program, or to consortia of such States, in order to permit such States or consortia of States to operate offices for purposes of recruiting eligible members of the armed forces for participation in the Program and facilitating the employment of participants in the Program as elementary school teachers, secondary school teachers, and vocational or technical teachers.

(B)

The total amount of grants made under subparagraph (A) in any fiscal year may not exceed $5,000,000.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

1154. Troops-to-Teachers Program.

.

(c)

Conforming amendment

Section 1142(b)(4)(C) of such title is amended by striking under sections 1152 and 1153 of this title and the Troops-to-Teachers Program under section 2302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6672) and inserting under sections 1152, 1153, and 1154 of this title.

(d)

Termination of original program

(1)

Termination

(A)

Chapter A of subpart 1 of part C of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) is repealed.

(B)

The table of contents in section 2 of part I of the Elementary and Secondary Education Act of 1965 is amended by striking the items relating to chapter A of subpart 1 of part C of said Act.

(2)

Existing agreements

The repeal of such chapter shall not affect the validity or terms of any agreement entered into before the date of the enactment of this Act under chapter A of subpart 1 of part C of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.), or to pay assistance, make grants, or obtain reimbursement in connection with such an agreement as in effect before such repeal.

(e)

Effective date

The amendments made by this section shall take effect on the effective date of the transfer under subsection (a).

600B.

Enhancements to the Troops-to-Teachers Program

(a)

Years of Service Requirements

Subsection (d) of section 1154 title 10, United States Code, as added by section 600A, is amended—

(1)

in paragraph (1)—

(A)

by striking or at the end of subparagraph (B);

(B)

by striking the period at the end of subparagraph (C) and inserting ; or; and

(C)

by adding at the end the following new subparagraph:

(D)

commencing on or after September 11, 2001, serves at least four years on active duty (as such term is defined in section 101(d)(1) of this title, except that such term does not include a period of service described in paragraphs (1) through (3) of section 3311(d) of title 38) in the Armed Forces (excluding service on active duty in entry level or skills training) and, after completion of such service, is discharged or released as follows:

(i)

A discharge from active duty in the armed forces with an honorable discharge.

(ii)

A release after service on active duty in the armed forces characterized by the Secretary concerned as honorable service and placement on the retired list, transfer to the Fleet Reserve or Fleet Marine Corps Reserve, or placement on the temporary disability retired list.

(iii)

A release from active duty in the armed forces for further service in a reserve component of the armed forces after service on active duty characterized by the Secretary concerned as honorable service.

.

(b)

Definition of local education agency and public charter schools

Such section is further amended as follows:

(1)

Clause (i) of subsection (b)(2)(A) of such section is amended to read as follows:

(i)

receiving grants under part A of title I, a Bureau-funded school (as such term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021(3)), or public charter school;

.

(2)

In subsection (e)(1)(A)(ii), by striking or public charter school receiving grants under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) and inserting receiving grants under part A of title I, a Bureau-funded school (as such term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021(3)) or public charter school.

(c)

Troops-to-teachers advisory board

Such section is further amended by adding at the end the following new subsection:

(f)

Advisory board

(1)

Establishment

Not later than 120 days after the date of enactment of section 1154 of this title, the Secretary of Education and the Secretary of Defense shall establish an advisory board composed of—

(A)

a representative from the Department of Defense;

(B)

a representative from the Department of Education;

(C)

representatives from 3 State offices that operate to recruit eligible members of the armed forces for participation in the Program and facilitating the employment of participants in the Program as elementary school teachers, secondary school teachers, and vocational or technical teachers; and

(D)

a representative from each of 3 veteran service organizations.

(2)

Duties

The advisory board established under subsection (a) shall—

(A)

collect, consider, and disseminate feedback from participants and State offices described in subsection (a)(4) on—

(i)

the best practices for improving recruitment of eligible members of the Armed Forces in States, local educational agencies, and public charter schools under served by the Program;

(ii)

ensuring that high-need local educational agencies and public charter schools are aware of the Program and how to participate in it;

(iii)

coordinating the goals of the Program with other Federal, State, and local education needs and programs; and

(iv)

other activities that the advisory board deems necessary; and

(B)

not later than one year after the date of the enactment of section 1154 of this title, and annually thereafter, prepare and submit a report to the Committees on Health, Education, Labor, and Pensions and Armed Services of the Senate and the Committees on Education and Labor and Armed Services of the House of Representatives, which shall include—

(i)

information with respect to the activities of the advisory board;

(ii)

information with respect to the Program, including—

(I)

the number of participants in the Program;

(II)

the number of States participating in the Program;

(III)

local educational agencies and schools in where participants are employed;

(IV)

the grade levels at which participants teach;

(V)

the academic subjects taught by participants;

(VI)

rates of retention of participants by the local educational agencies and public charter schools employing participant;

(VII)

other demographic information as may be necessary to evaluate the effectiveness of the program; and

(VIII)

a review of the stipend and bonus available to participants under paragraphs (3) and (4)(A) of subsection (d); and

(iii)

recommendations for—

(I)

improvements to local, State, and Federal recruitment and retention efforts;

(II)

legislative or executive policy changes to improve the Program, enhance participant experience, and increase participation in the program; and

(III)

other changes necessary to ensure that the Program is meeting the purpose described in subsection (b).

.

600C.

Support from Department of Education to help cover costs of new State programs under National Guard Youth Challenge Program

Paragraph (2) of section 509(d) of title 32, United States Code, is amended to read as follows:

(2)

The limitation in paragraph (1) may not be construed as a limitation on the amount of assistance that may be provided to a State program of the Program for a fiscal year from sources other than the Department of Defense. Using funds available to the Department of Education, the Secretary of Education may provide assistance to cover the difference between the amount provided by the Department of Defense and the total costs of operating a new State program of the Program during the first three full fiscal years in which the new State program is in operation.

.

600D.

Study of treatment of members of the reserve components

(a)

Study

The Inspector General of the Department of Defense shall conduct a study of the treatment of members of the reserve components.

(b)

Matters included

The study under subsection (a) shall include the following:

(1)

An analysis of the treatment of members of the reserve components—

(A)

at mobilization and demobilization sites of the Army, including warrior transition units and joint medical battalions; and

(B)

during predeployment and postdeployment medical examinations under section 1074(f) of title 10, United States Code.

(2)

An analysis of the quality of care, treatment, and information that members of the reserve components receive before, during, and after deployment.

(3)

An analysis of patterns of treatment of members of the reserve components during the period following a deployment, including during medical examinations or other actions that could affect health care and disability benefits, as compared to the treatment of members of the regular components during such period.

(4)

Identification of any improvements needed so that members of the reserve components and members of the regular components are treated equally.

(c)

Report

Not later than December 31, 2010, the Inspector General shall submit to the congressional defense committees a report on the study under subsection (a).

VI

Compensation and Other Personnel Benefits

A

Pay and Allowances

601.

Fiscal year 2011 increase in military basic pay

(a)

Waiver of section 1009 adjustment

The adjustment to become effective during fiscal year 2011 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

(b)

Increase in basic pay

Effective on January 1, 2011, the rates of monthly basic pay for members of the uniformed services are increased by 1.9 percent.

602.

Basic allowance for housing for two-member couples when one or both members are on sea duty

(a)

In general

Subparagraph (C) of section 403(f)(2) of title 37, United States Code, is amended to read as follows:

(C)

Notwithstanding section 421 of this title, a member of a uniformed service in a pay grade below pay grade E–6 who is assigned to sea duty and is married to another member of a uniformed service is entitled to a basic allowance for housing subject to the limitations of subsection (e).

.

(b)

Effective date

The amendment made by subsection (a) shall take effect on January 1, 2011.

603.

Allowances for purchase of required uniforms and equipment

(a)

Initial allowance for officers

Section 415 of title 37, United States Code, is amended—

(1)

in subsection (a)—

(A)

by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;

(B)

by inserting Allowance for Officers in the Armed Forces.—(1) after (a);

(C)

by striking $400 and inserting $500; and

(D)

by adding at the end the following new paragraph:

(2)

The Secretary of a military department, with the approval of the Secretary of Defense, may increase the maximum amount of the allowance specified in paragraph (1) for officers of an armed force under the jurisdiction of the Secretary. The Secretary of Homeland Security, in the case of the Coast Guard when it is not operating as a service in the Navy, may increase the maximum amount of the allowance specified in paragraph (1) for officers of the Coast Guard.

;

(2)

in subsection (b), by inserting Exception.— after (b); and

(3)

in subsection (c)—

(A)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(B)

by striking An allowance of $250 and inserting Public health service allowance.—(1) An allowance of $300; and

(C)

by inserting (2) before An officer.

(b)

Additional allowances

Section 416 of such title is amended—

(1)

in subsection (a), by striking $200 and inserting $250; and

(2)

in subsection (b)(1), by striking $400 and inserting $500.

604.

Increase in amount of family separation allowance

(a)

Increase

Section 427(a)(1) of title 37, United States Code, is amended by striking $250 and inserting $285.

(b)

Application of amendment

The amendment made by subsection (a) shall take effect on October 1, 2010, and apply with respect to months beginning on or after that date.

605.

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

(a)

Transition compensation authorized

Section 439 of title 37, United States Code, is amended—

(1)

by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and

(2)

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

(e)

One-time transitional compensation authorized

In addition to monthly special compensation payable under subsection (a), the Secretary concerned may pay to a member eligible for monthly special compensation a one-time payment of not more than $3,500 for the transition of assistants providing aid and attendance care to the member as described in subsection (b)(2).

.

(b)

Conforming and clerical amendments

Such section is further amended—

(1)

in subsection (c), by inserting of monthly compensation after Amount;

(2)

in subsection (d), by inserting of monthly compensation after Duration; and

(3)

in subsection (f), as redesignated by subsection (a)(1), by striking Monthly special compensation payable to a member under this section and inserting Special compensation paid to a member under subsection (a) or (e).

606.

Expansion of definition of senior enlisted member to include senior enlisted member serving within a combatant command

(a)

Basic pay

On and after January 1, 2011, for purposes of establishing the rates of monthly basic pay for members of the uniformed services, the senior enlisted member of the Armed Forces serving within a combatant command (as defined in section 161(c) of title 10, United States Code) shall be treated in the same manner as the Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, Master Chief Petty Officer of the Coast Guard, and Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.

(b)

Rate of basic pay used to determine retired pay base

Section 1406(i)(3)(B) of title 10, United States Code, is amended by adding at the end the following new clause:

(vii)

Senior enlisted member serving within a combatant command (as defined in section 161(c) of this title).

.

(c)

Pay during terminal leave and while hospitalized

Section 210(c) of title 37, United States Code, is amended by adding at the end the following new paragraph:

(7)

The senior enlisted member serving within a combatant command (as defined in section 161(c) of title 10).

.

607.

Ineligibility of certain Federal civilian employees for Reservist income replacement payments on account of availability of comparable benefits under another program

(a)

Ineligibility for payments

Section 910(b) of title 37, United States Code, is amended by adding at the end the following new paragraph:

(3)

A member of a reserve component who is otherwise entitled to a payment under this section is not entitled to the payment for any month during which the member is also a civilian employee of the Federal Government entitled to—

(A)

a differential payment under section 5538 of title 5; or

(B)

a comparable benefit under an administratively established program for civilian employees absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services.

.

(b)

Effective date

Subsection (b)(3) of section 910 of title 37, United States Code, as added by subsection (a), shall apply with respect to payments under such section for months beginning on or after the date of the enactment of this Act.

B

Bonuses and Special and Incentive Pays

611.

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

The following sections of title 37, United States Code, are amended by striking December 31, 2010 and inserting December 31, 2011:

(1)

Section 308b(g), relating to Selected Reserve reenlistment bonus.

(2)

Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.

(3)

Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.

(4)

Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.

(5)

Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.

(6)

Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.

(7)

Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

612.

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

(a)

Title 10 authorities

The following sections of title 10, United States Code, are amended by striking December 31, 2010 and inserting December 31, 2011:

(1)

Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2)

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(b)

Title 37 authorities

The following sections of title 37, United States Code, are amended by striking December 31, 2010 and inserting December 31, 2011:

(1)

Section 302c–1(f), relating to accession and retention bonuses for psychologists.

(2)

Section 302d(a)(1), relating to accession bonus for registered nurses.

(3)

Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

(4)

Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.

(5)

Section 302h(a)(1), relating to accession bonus for dental officers.

(6)

Section 302j(a), relating to accession bonus for pharmacy officers.

(7)

Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.

(8)

Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.

613.

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

The following sections of title 37, United States Code, are amended by striking December 31, 2010 and inserting December 31, 2011:

(1)

Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.

(2)

Section 312b(c), relating to nuclear career accession bonus.

(3)

Section 312c(d), relating to nuclear career annual incentive bonus.

614.

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

The following sections of title 37, United States Code, are amended by striking December 31, 2010 and inserting December 31, 2011:

(1)

Section 331(h), relating to general bonus authority for enlisted members.

(2)

Section 332(g), relating to general bonus authority for officers.

(3)

Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.

(4)

Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(5)

Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(6)

Section 351(i), relating to hazardous duty pay.

(7)

Section 352(g), relating to assignment pay or special duty pay.

(8)

Section 353(j), relating to skill incentive pay or proficiency bonus.

(9)

Section 355(i), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

615.

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

The following sections of chapter 5 of title 37, United States Code, are amended by striking December 31, 2010 and inserting December 31, 2011:

(1)

Section 301b(a), relating to aviation officer retention bonus.

(2)

Section 307a(g), relating to assignment incentive pay.

(3)

Section 308(g), relating to reenlistment bonus for active members.

(4)

Section 309(e), relating to enlistment bonus.

(5)

Section 324(g), relating to accession bonus for new officers in critical skills.

(6)

Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

(7)

Section 327(h), relating to incentive bonus for transfer between armed forces.

(8)

Section 330(f), relating to accession bonus for officer candidates.

616.

One-year extension of authorities relating to payment of referral bonuses

The following sections of title 10, United States Code, are amended by striking December 31, 2010 and inserting December 31, 2011:

(1)

Section 1030(i), relating to health professions referral bonus.

(2)

Section 3252(h), relating to Army referral bonus.

617.

Treatment of officers transferring between Armed Forces for receipt of aviation career special pay

Section 301b of title 37, United States Code, is amended—

(1)

by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k), respectively; and

(2)

by inserting after subsection (g) the following new subsection (h):

(h)

Treatment of officers transferring from one armed force to another

(1)

An officer who transfers from one armed force to another armed force shall receive the same compensation under this section as other officers in that armed force with the same number of years of aviation service performing similar aviation duties in the same weapon system, notwithstanding any additional active duty service obligation incurred as a result of the transfer.

(2)

Until December 31, 2015, the Secretary concerned shall continue, regardless of the number of years of aviation service of an officer, to pay compensation under this section to an officer who transferred or transfers from one armed force to an armed force under the jurisdiction of the Secretary concerned until the officer receives the same number of years of benefits as officers in that armed force with the same number of years of aviation service performing similar aviation duties in the same weapon system. In calculating the years of benefits received, the Secretary concerned shall include any year during which the officer received compensation under this section before the transfer.

(3)

An officer may not receive compensation under paragraph (2) for any period during which the officer is not qualified for compensation under subsection (b).

.

618.

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

(a)

Special pay for duty subject to hostile fire or imminent danger

Section 310(b)(1) of title 37, United States Code, is amended by striking $225 a month and inserting $260 a month.

(b)

Hazardous duty pay

Section 351(b)(3) of such title is amended by striking $250 per month and inserting $260 per month.

(c)

Application of amendments

The amendments made by this section shall take effect on October 1, 2010, and apply with respect to months beginning on or after that date.

619.

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

(a)

Treatment of members and civilians killed or wounded in certain 2009 attacks

(1)

Treatment

For purposes of all applicable Federal laws, regulations, and policies, a member of the Armed Forces or civilian employee of the Department of Defense who was killed or wounded in an attack described in paragraph (2) shall be deemed as follows:

(A)

In the case of a member, to have been killed or wounded in a combat zone as the result of an act of an enemy of the United States.

(B)

In the case of a civilian employee of the Department of Defense, to have been killed or wounded as the result of an act of an enemy of the United States while serving with the Armed Forces in a contingency operation.

(2)

Attacks described

Paragraph (1) applies to—

(A)

the attack that occurred at Fort Hood, Texas, on November 5, 2009; and

(B)

the attack that occurred at a recruiting station in Little Rock, Arkansas, on June 1, 2009.

(3)

Exception

Paragraph (1) shall not apply to a member of the Armed Forces or a civilian employee of the Department of Defense whose death or wound as described in paragraph (1) is the result of the misconduct of the member or employee, as determined by the Secretary of Defense.

(b)

New special payment

(1)

In general

Chapter 17 of title 37, United States Code, is amended by adding at the end the following new section:

911.

Special payment to members of the armed forces and civilian employees of the Department of Defense killed or wounded in attacks directed at members or employees outside of combat zone

(a)

Special payment required

The Secretary of Defense shall pay to a member of the armed forces or a civilian employee of the Department of Defense who is wounded in an attack under the circumstances described in subsection (b), or to an eligible survivor if the member or employee is killed in the attack or dies from wounds sustained in the attack, an amount of compensation equal to the amount determined in subsection (c) that would have accrued—

(1)

in the case of a member, on behalf of a member killed or wounded in a combat zone; and

(2)

in the case of an employee, on behalf of an employee killed or wounded while serving with the Armed Forces in a contingency operation.

(b)

Covered attacks

(1)

Attacks described

Except as provided in paragraph (2), an attack covered by subsection (a) is any assault or battery resulting in bodily injury or death committed by an individual who the Secretary of Defense determines knowingly targeted—

(A)

a member of the armed forces on account of the military service of the member or the status of member as a member of the Armed Forces; or

(B)

a civilian employee of the Department of Defense on account of the employee’s employment with the Department of Defense or affiliation with the Department of Defense.

(2)

Geographic exclusion

Subsection (a) does not apply to any attack that—

(A)

occurs in a combat zone; or

(B)

in the case of a civilian employee of the Department, occurs while the employee is serving with the armed forces in a contingency operation.

(c)

Calculation of compensation amount

The Secretary of Defense shall identify, in consultation with all relevant Federal agencies, including the Department of Veterans Affairs and the Internal Revenue Service, all Federal benefits provided to members of the armed forces and civilian employees of the Department of Defense killed or wounded in a combat zone, including special pays and the value of Federal tax advantages accruing because certain benefits are not subject to Federal income tax. The Secretary shall exclude from the calculation any Federal benefits provided regardless of the geographic location or circumstances of the death or injuries.

(d)

Exclusion of certain individuals

Subsection (a) shall not apply to a member of the armed forces or civilian employee of the Department of Defense whose death or wound as described in subsection (b) is the result of the misconduct of the member or employee, as determined by the Secretary of Defense.

(e)

Definitions

In this section:

(1)

The term armed forces means the Army, Navy, Air Force, and Marine Corps.

(2)

The term combat zone means a combat operation or combat zone designated by the Secretary of Defense.

(3)

The term eligible survivor refers to the persons eligible to receive a death gratuity payment under section 1477 of title 10. In the case of a deceased member or employee, the eligible survivor who will receive the payment under subsection (a) shall be determined as provided in such section.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

911. Special payment to members of the armed forces and civilian employees of the Department of Defense killed or wounded in attacks directed at members or employees outside of combat zone.

.

(3)

Retroactive application

Section 911 of title 37, United States Code, as added by paragraph (1), shall apply to any attack described in subsection (b) of such section occurring on or after November 6, 2009.

(c)

Purple heart

This section and the amendments made by this section shall not be construed to prohibit, authorize, or require the award of the Purple Heart to any member of the Armed Forces.

C

Travel and Transportation Allowances

631.

Extension of authority to provide travel and transportation allowances for inactive duty training outside of normal commuting distances

Section 408a(e) of title 37, United States Code, is amended by striking December 31, 2010 and inserting December 31, 2011.

632.

Travel and transportation allowances for attendance of designated persons at Yellow Ribbon Reintegration events

(a)

Payment of travel costs authorized

(1)

In general

Chapter 7 of title 37, United States Code, is amended by inserting after section 411k the following new section:

411l.

Travel and transportation allowances: attendance of designated persons at Yellow Ribbon Reintegration events

(a)

Allowance to facilitate attendance

Under uniform regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (c) may be provided for a person designated pursuant to subsection (b) to attend an event conducted under the Yellow Ribbon Reintegration Program established pursuant to section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) if the Secretary concerned determines that the presence of the person may contribute to the purposes of the event.

(b)

Covered persons

A member of the uniformed services who is eligible to attend a Yellow Ribbon Reintegration Program event may designate one or more persons, including another member of the uniformed services, for purposes of receiving travel and transportation described in subsection (c) to attend a Yellow Ribbon Reintegration Program event. The designation of a person for purposes of this section may be changed at any time.

(c)

Authorized travel and transportation

(1)

The transportation authorized by subsection (a) for a person designated under subsection (b) is round-trip transportation between the home or place of business of the person and the location of the Yellow Ribbon Reintegration Program event.

(2)

In addition to the transportation authorized by subsection (a), the Secretary concerned may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established under section 404(d) of this title.

(3)

The transportation authorized by subsection (a) may be provided by any of the following means:

(A)

Transportation in-kind.

(B)

A monetary allowance in place of transportation in-kind at a rate to be prescribed by the Secretaries concerned.

(C)

Reimbursement for the commercial cost of transportation.

(4)

An allowance payable under this subsection may be paid in advance.

(5)

Reimbursement payable under this subsection may not exceed the cost of Government-procured commercial round-trip air travel.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item related to section 411k the following new item:

411l. Travel and transportation allowances: attendance of designated persons at Yellow Ribbon Reintegration events.

.

(b)

Applicability

No reimbursement may be provided under section 411l of title 37, United States Code, as added by subsection (a), for travel and transportation costs incurred before September 30, 2010.

633.

Mileage reimbursement for use of privately owned vehicles

(a)

Use of single standard mileage rate established by IRS

Section 5704(a)(1) of title 5, United States Code, is amended by striking shall not exceed and inserting shall be equal to.

(b)

Prescription of mileage reimbursement rates

Section 5707(b) of such title is amended—

(1)

in paragraph (1), by striking subparagraph (A) and inserting the following new subparagraph:

(A)

The Administrator of General Services shall conduct periodic investigations of the cost of travel and the operation of privately owned airplanes and privately owned motorcycles by employees while engaged on official business, and shall report the results of such investigations to Congress at least once a year.

; and

(2)

in paragraph (2)(A), by striking clause (i) and inserting the following new clause:

(i)

shall prescribe a mileage reimbursement rate for privately owned automobiles which equals, as provided in section 5704(a)(1) of this title, the single standard mileage rate established by the Internal Revenue Service, and

.

D

Retired Pay and Survivor Benefits

641.

Elimination of cap on retired pay multiplier for members with greater than 30 years of service who retire for disability

(a)

Computation of retired pay

The table in section 1401(a) of title 10, United States Code, is amended—

(1)

in the column designated Column 2, by inserting , not to exceed 75%, after percentage of disability both places it appears; and

(2)

by striking column 4.

(b)

Recomputation of retired or retainer pay to reflect later active duty of members who first became members before September 8, 1980

The table in section 1402(d) of such title is amended—

(1)

in the column designated Column 2, by inserting , not to exceed 75%, after percentage of disability; and

(2)

by striking column 4.

(c)

Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980

The table in section 1402a(d) of such title is amended—

(1)

in the column designated Column 2, by inserting , not to exceed 75 percent, after percentage of disability; and

(2)

by striking column 4.

(d)

Application of amendments

The tables in sections 1401(a), 1402(d), and 1402a(d) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act, shall continue to apply to the computation or recomputation of retired or retainer pay for persons who first became entitled to retired or retainer pay under subtitle A of such title on or before the date of the enactment of this Act. The amendments made by this section shall apply only with respect to persons who first become entitled to retired or retainer pay under such subtitle after that date.

642.

Equity in computation of disability retired pay for reserve component members wounded in action

Section 1208(b) of title 10, United States Code, is amended by adding at the end the following new sentence: However, in the case of such a member who is retired under this chapter, or whose name is placed on the temporary disability retired list under this chapter, because of a disability incurred after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011, for which the member is awarded the Purple Heart, the member shall be credited, for the purposes of this chapter, with the number of years of service that would be counted if computing the member’s years of service under section 12732 of this title..

643.

Elimination of the age requirement for health care benefits for non-regular service retirees

Section 1074(b) of title 10, United States Code, is amended—

(1)

by striking (1); and

(2)

by striking paragraph (2).

644.

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

Section 12731(f)(2)(B) of title 10, United States Code, is amended by adding at the end the following new clause:

(iii)

If a member described in subparagraph (A) is wounded or otherwise injured or becomes ill while serving on active duty pursuant to a call or order to active duty under a provision of law referred to in the first sentence of clause (i) or in clause (ii), and the member is then ordered to active duty under section 12301(h)(1) of this title to receive medical care for the wound injury, or illness, each day of active duty under that order for medical care shall be treated as a continuation of the original call or order to active duty for purposes of reducing the eligibility age of the member under this paragraph.

.

645.

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

Section 644 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 1448 note) is amended—

(1)

by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

(2)

by inserting after subsection (b) the following new subsection:

(c)

Special survivor indemnity allowance

(1)

The Secretary concerned shall pay a monthly special survivor indemnity allowance under this subsection to a qualified surviving spouse described in subsection (a) if—

(A)

the surviving spouse is entitled to dependency and indemnity compensation under section 1311(a) of title 38, United States Code; and

(B)

the amount of the annuity to which the surviving spouse is entitled under subsection (b) is affected by paragraph (2)(A) of such subsection.

(2)

Subject to paragraph (3), the amount of the special survivor indemnity allowance paid to surviving spouse under paragraph (1) for a month shall be equal to—

(A)

for months during fiscal year 2009, $50;

(B)

for months during fiscal year 2010, $60;

(C)

for months during fiscal year 2011, $70;

(D)

for months during fiscal year 2012, $80;

(E)

for months during fiscal year 2013, $90;

(F)

for months during fiscal year 2014, $150;

(G)

for months during fiscal year 2015, $200;

(H)

for months during fiscal year 2016, $275; and

(I)

for months during fiscal year 2017, $310.

(3)

The amount of the special survivor indemnity allowance paid to an eligible survivor under paragraph (1) for any month may not exceed the amount of the annuity for that month that is subject to offset under subsection (b)(2)(A).

(4)

A special survivor indemnity allowance paid under paragraph (1) does not constitute an annuity, and amounts so paid are not subject to adjustment under any other provision of law.

(5)

The special survivor indemnity allowance shall be paid under paragraph (1) from amounts in the Department of Defense Military Retirement Fund established under section 1461 of title 10, United States Code.

(6)

Subject to paragraph (7), this subsection shall only apply with respect to the month that began on October 1, 2008, and subsequent months through the month ending on September 30, 2017. As soon as practicable after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011, the Secretary concerned shall pay, in a lump sum, the total amount of the special survivor indemnity allowances due under paragraph (1) to a qualified surviving spouse for months since October 1, 2008, through the month in which the first allowance is paid under paragraph (1) to the qualified surviving spouse.

(7)

Effective on October 1, 2017, the authority provided by this subsection shall terminate. No special survivor indemnity allowance may be paid to any person by reason of this subsection for any period before October 1, 2008, or beginning on or after October 1, 2017.

.

646.

Payment date for retired and retainer pay

(a)

Setting payment date

Section 1412 of title 10, United States Code, is amended—

(1)

by striking Amounts and inserting (a) Rounding.—Amounts; and

(2)

by adding at the end the following new subsection:

(b)

Payment date

Amounts of retired pay and retainer pay due a retired member of the uniformed services shall be paid on the first day of each month beginning after the month in which the right to such pay accrues.

.

(b)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

1412.

Administrative provisions

.

(2)

Table of sections

The table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 1412 and inserting the following new item:

1412. Administrative provisions.

.

(c)

Effective date

Subsection (b) of section 1412 of title 10, United States Code, as added by subsection (a), shall apply beginning with the first month that begins more than 30 days after the date of the enactment of this Act.

647.

Sense of Congress concerning age and service requirements for retired pay for non-regular service

It is the sense of Congress that—

(1)

the amendments made to section 12731 of title 10, United States Code, by section 647 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 160) were intended to reduce the minimum age at which members of a reserve component of the Armed Forces would begin receiving retired pay according to time spent deployed, by three months for every 90-day period spent on active duty over the course of a career, rather than limiting qualifying time to such periods wholly served within the same fiscal year, as interpreted by the Department of Defense; and

(2)

steps should be taken to correct this erroneous interpretation by the Department of Defense in order to ensure reserve component members receive the full retirement benefits intended to be provided by such section 12731.

E

Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

651.

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

Section 2484(h)(2) of title 10, United States Code, is amended—

(1)

by redesignating subparagraph (B) as subparagraph (C) and, in such subparagraph, by striking subparagraph (A) and inserting this paragraph;

(2)

in the first sentence of subparagraph (A), by inserting the Defense Commissary Agency or after may authorize;

(3)

by designating the second sentence of subparagraph (A) as subparagraph (B) and, in such subparagraph, by striking The Secretary may and inserting the following: If the construction contract is entered into by a nonappropriated fund instrumentality, the Secretary of Defense may; and

(4)

by adding at the end of subparagraph (B), as designated by paragraph (3), the following new sentence: If the construction contract is entered into by the Defense Commissary Agency, the Secretary may authorize the Defense Commissary Agency accept reimbursement from a nonappropriated fund instrumentality for the portion of the cost of the contract that is attributable to construction for nonappropriated fund instrumentality activities..

652.

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

Section 885 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 265; 10 U.S.C. 2304 note) is amended by adding at the end the following new subsection:

(c)

morale, welfare, and recreation telephone services defined

In this section, the term morale, welfare, and recreation telephone services means unofficial telephone calling center services supporting calling centers provided by the Army and Air Force Exchange Service, Navy Exchange Service Command, Marine Corps exchanges, or any other nonappropriated fund instrumentality of the United States under the jurisdiction of the Armed Forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.

.

653.

Feasibility study on establishment of full exchange store in the Northern Mariana Islands

(a)

Study required

The Secretary of Defense shall conduct a study to determine the feasibility of replacing the Shoppette of the Army and Air Force Exchange Service in the Northern Mariana Islands with a full-service exchange store. In conducting the study, the Secretary shall consider the welfare of members of the Armed Forces serving in the Northern Mariana Islands and dependents of members residing in the Northern Mariana Islands.

(b)

Submission of results

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of the study conducted under subsection (a).

654.

Continued operation of commissary and exchange stores serving Brunswick Naval Air Station, Maine

The Secretary of Defense shall provide for the continued operation of each commissary or exchange store serving Brunswick Naval Air Station, Maine, through September 30, 2011, and may not take any action to reduce or to terminate the sale of goods at such stores during fiscal year 2011.

F

Alternative Career Track Pilot Program

661.

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

(a)

Program authorized

Chapter 39 of title 10, United States Code, is amended by inserting after section 672 the following new section:

673.

Alternative career track for commissioned officers pilot program

(a)

Program authorized

(1)

Under regulations prescribed pursuant to subsection (g) and approved by the Secretary of Defense, the Secretary of a military department may establish a pilot program for an armed force under the jurisdiction of the Secretary under which an eligible commissioned officer, while on active duty—

(A)

participates in a separate career track characterized by expanded career opportunities extending over a longer career;

(B)

agrees to an additional active duty service obligation of at least five years to be served concurrently with other active duty service obligations; and

(C)

would be required to accept further active duty service obligations, as determined by the Secretary, to be served concurrently with other active duty service obligations, including the active duty service obligation accepted under subparagraph (B), in connection with the officer’s entry into education programs, selection for career broadening assignments, acceptance of additional special and incentive pays, or selection for promotion.

(2)

The Secretary of the military department concerned may waive an active duty service obligation accepted under subparagraph (B) or (C) of paragraph (1) to facilitate the separation or retirement of a participant in the program.

(3)

The program shall be known as the Alternative Career Track Pilot Program (in this section referred to as the program).

(b)

Eligible officers

Commissioned officers with between 13 and 18 years of service are eligible to volunteer to participate in the program.

(c)

Number of participants

No more than 50 officers of each armed force may be selected per year to participate in the program.

(d)

Alternative career elements of program

(1)

The Secretaries of the military departments may establish separate basic pay and special and incentive pay and promotion systems unique to the officers participating in the program, without regard to the requirements of this title, title 37, or administrative year group cohort designation.

(2)

The Secretaries of the military departments may establish separation and retirement policies for officers participating in the program without regard to grade and years of service requirements established under this title.

(3)

Participants serving in a grade below brigadier general or rear admiral (lower half) may serve in the grade without regard to the limits on the number of officers in the grade established under this title.

(e)

Treatment of general and flag officer participants

(1)

A participant serving in a grade above colonel, or captain in the Navy, but below lieutenant general or vice admiral, shall be—

(A)

counted for purposes of general officer and flag officer limits on grade and the total number serving as general officers and flag officers, if the participant is serving in a position requiring the assignment of a military officer; but

(B)

excluded from limits on grade and the total number serving as general officers and flag officers, if the participant is serving in a position not typically occupied by a military officer.

(2)

A participant serving in the grade of lieutenant general, vice admiral, general, or admiral shall be counted for purposes of general officer and flag officer limits on grade and the total number serving as general officers and flag officers.

(f)

Return to standard career path; effect

(1)

The Secretaries of the military departments retain the authority to involuntarily return an officer to the standard career path.

(2)

The Secretary of the military department concerned may return an officer to the standard career path at the request of the officer.

(3)

If the program is terminated pursuant to paragraph (4) or (5) of subsection (i), officers participating in the program at the time of the termination shall be returned to the standard career path with appropriate adjustments to their administrative record to ensure they are not penalized for participating in the pilot program.

(4)

An officer returned to the standard career path under paragraph (1), (2), or (3) shall retain the grade, date-of-rank, and basic pay level earned while a participant in the program but shall revert to the special and incentive pay authorities established in title 37 upon the expiration of the agreement between the Secretary and the officer providing any special and incentive pays under the program. Subsequent increases in the officer’s rate of monthly basic pay shall conform to the annual percentage increases in basic pay rates provided in the basic pay table.

(5)

Services will adjust the participating officer’s cohort year group to the appropriate year to ensure the officer remains competitive for all promotions and command opportunities in their standard career path.

(g)

Annual report

(1)

The Secretaries of the military departments, in cooperation with the Secretary of Defense, shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report containing the findings and recommendations of the Secretary of Defense and the Secretaries of the military departments concerning the progress of the program for each armed force.

(2)

The Secretary of a military department, with the consent of the Secretary of Defense, may include in the report for a year a recommendation that the program be made permanent for an armed force under the jurisdiction of that Secretary.

(h)

Regulations

The Secretary of each military department shall prescribe regulations to carry out the program. The regulations shall be subject to the approval of the Secretary of Defense.

(i)

Commencement; duration

(1)

Before authorizing the commencement of the program for an armed force, the Secretary of the military department concerned, with the consent of the Secretary of Defense, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the detailed program structure of the alternative career track, associated personnel and compensation policies, implementing instructions and regulations, and a summary of the specific provisions of this title and title 37 to be waived under the program. The authority to conduct the program for that armed force commences 120 days after the date of the submission of the report.

(2)

The Secretary of the military department concerned, with the consent of the Secretary of Defense, may authorize revision of the program structure, associated personnel and compensation policies, implementing instructions and regulations, or laws waived, as submitted by the Secretary under paragraph (1). The Secretary of the military department concerned, with the consent of the Secretary of Defense, shall submit the proposed revisions to the Committees on Armed Services of the Senate and House of Representatives. The revisions shall take effect 120 days after the date of their submission.

(3)

If the program for an armed force has not commenced before December 31, 2015, as provided in paragraph (1), the authority to commence the program for that armed force terminates.

(4)

No officer may be accepted to participate in the program after December 31, 2026.

(5)

The Secretary of the military department concerned, with the consent of the Secretary of Defense, may terminate the pilot program for an armed force before the date specified in paragraph (4). Not later than 90 days after terminating the pilot program, the Secretary of the military department concerned, in cooperation with the Secretary of Defense, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the reasons for the termination.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 672 the following new item:

673. Alternative career track for commissioned officers pilot program.

.

G

Other Matters

671.

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

Section 2173(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(4)

The person is enrolled in the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of this title for a number of years less than the number of years required to complete the normal length of the course of study required for the specific health profession.

.

672.

Retention of enlistment, reenlistment, and student loan benefits received by military technicians (dual status)

(a)

Treatment of enlistment, reenlistment, and student loan benefits

Section 10216 of title 10, United States Code, is amended by adding at the end the following new subsection:

(h)

Retention of bonuses and other benefits

If an individual is first employed as a military technician (dual status) while the individual is already a member of a reserve component, the Secretary concerned may not—

(1)

require the individual to repay any enlistment, reenlistment, or affiliation bonus provided to the individual in connection with the individual’s enlistment or reenlistment before such employment; or

(2)

terminate the individual’s participation in an educational loan repayment program under chapter 1609 of this title if the individual began such participation before such employment.

.

(b)

Effective date

Subsection (h) of section 10216 of title 10, United States Code, as added by subsection (a), shall apply only with respect to individuals who are first employed as a military technician (dual status), as described in subsection (a)(1) of such section 10216, more than 180 days after the date of the enactment of this Act.

673.

Cancellation of loans of members of the Armed Forces made from student loan funds

Section 465(a) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)) is amended by adding at the end the following new paragraph:

(8)

For the purpose of this subsection, the term year of service where applied to service by a member of the Armed Forces described in paragraph (2)(D) means a qualified tour of duty that—

(A)

is for 6 months or longer; or

(B)

was less than 6 months because the member was discharged or released from active duty in the Armed Forces for an injury or disability incurred in or aggravated by service in the Armed Forces.

.

674.

Report on provision of additional incentives for recruitment and retention of health care professionals for reserve components

Not later than 90 days after the date of the enactment of this Act, the Surgeons General of the Army, Navy, and Air Force shall submit to Congress a report on their staffing needs for health care professionals in the active and reserve components of the Armed Forces. The report shall specifically identify the positions in most critical need for additional health care professionals, including the number of physicians needed and whether additional behavioral health professionals, such as psychologists and psychiatrists, are needed to treat members of the Armed Forces for the growing concerns of post traumatic stress disorder and traumatic brain injury. The report shall include recommendations for providing incentives for health care professionals with more than 20 years of clinical experience to join the active or reserve components, including whether changes in age or length of service requirements to qualify for partial retired pay for non-regular service could be used as a recruitment or retention incentives.

675.

Flexible commencement dates for availability of homeowner assistance for members of the Armed Forces permanently reassigned during mortgage crisis

(a)

Modification of reassignment, purchase, and sale dates

Subsection (a)(3) of section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) is amended—

(1)

in subparagraph (C), by striking or an earlier end date designated by the Secretary and by inserting or an earlier start or end date designated by the Secretary under subsection (c)(3)(C) for a specific military base or installation;

(2)

in subparagraph (D), by inserting , or a later purchase date designated by the Secretary under subsection (c)(3)(C) for a specific military base or installation after July 1, 2006; and

(3)

in subparagraph (E), by striking between July 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary and inserting between the purchase date in effect for the military base or installation under subparagraph (D) and the end date in effect for the military base or installation under subparagraph (D).

(b)

Modification process

Subsection (c)(3) of such section is amended by adding at the end the following new subparagraph:

(C)

Modification of reassignment, purchase, and sale dates

In exercising the authority under subsection (a)(3) to designate different reassignment, purchase, and sale dates for a specific military base or installation, the Secretary of Defense shall consult with the Secretary of Housing and Urban Development and the Secretary of the Treasury regarding the condition of housing markets in the area of the base or installation so that the Secretary of Defense has the information needed to effectively assist members of the Armed Forces and their families.

.

676.

Exclusion of persons convicted of committing certain sex offenses from receiving certain burial-related benefits and funeral honors

(a)

Prohibition against interment or memorialization in National Cemetery Administration, Arlington National Cemetery, and certain State veterans’ cemeteries; prohibition against provision of Presidential memorial certificate, flag, and headstone or marker

Section 2411(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:

(4)

A person who is classified as a tier III sex offender under the Sex Offender Registration and Notification Act.

.

(b)

Rule of construction

Nothing in this Act shall be construed to terminate any benefit available to any person except those benefits specifically terminated by the amendment made by subsection (a).

(c)

Effective Date

The amendment made by subsection (a) shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act.

(d)

Constitutional authority

The constitutional authority on which this section rests is the power of Congress to make rules for the government and regulation of the land and naval forces, as enumerated in article I, section 8, clause 14 of the United States Constitution.

677.

Scholarship program for veterans for pursuit of graduate and post-graduate degrees in behavioral health sciences

(a)

Scholarship program

(1)

Program

The Secretary of Veterans Affairs shall carry out a program to provide scholarships to qualifying veterans for pursuit of a graduate or post-graduate degree in behavioral health sciences.

(2)

Designation

The program carried out under this section shall be known as the Department of Veterans Affairs HONOR Scholarship Program (in this section referred to as the scholarship program).

(b)

Qualifying veterans

For purposes of this section, a qualifying veteran is any veteran who—

(1)

during service on active duty in the Armed Forces, participated for such period as the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall specify for purposes of the scholarship program in a theater of combat or during a contingency operation overseas;

(2)

was retired, discharged, separated, or released from service in the Armed Forces on or after a date (not earlier than August 2, 1990) specified by the Secretary of Defense for purposes of the scholarship program;

(3)

at the time of the submittal of an application to participate in the scholarship program, holds an undergraduate or graduate degree, as applicable, from an institution of higher education that qualifies the veteran for pursuit of a graduate or post-graduate degree in behavioral sciences; and

(4)

meets such other qualifications as the Secretary of Veterans Affairs may establish for purposes of the scholarship program.

(c)

Application

Each qualifying veteran seeking to participate in the scholarship program shall submit to the Secretary of Veterans Affairs an application therefor setting forth such information as the Secretary shall specify for purposes of the scholarship program.

(d)

Agreement

Each qualifying veteran selected by the Secretary of Veterans Affairs for participation in the scholarship program shall enter into an agreement with the Secretary regarding participation in the scholarship program. The agreement shall contain such terms and conditions as the Secretary shall specify for purposes of the scholarship program.

(e)

Scholarships

(1)

In general

The Secretary of Veterans Affairs shall provide to each qualifying veteran who enters into an agreement under subsection (d) a scholarship for such number of academic years as the Secretary shall specify in the agreement for pursuit of a graduate or post-graduate degree in behavioral health sciences at an institution of higher education offering such degree that is approved by the Secretary for purposes of the scholarship program.

(2)

Elements

The scholarship provided a qualifying veteran for an academic year shall consist of payment of the following:

(A)

Tuition of the qualifying veteran for pursuit of the graduate or post-graduate degree concerned in the academic year.

(B)

Reasonable educational expenses of the qualifying veteran (including fees, books, and laboratory expenses) in pursuit of such degree in the academic year.

(C)

A stipend in connection with the pursuit of such degree in the academic year in such amount as the Secretary shall specify in the agreement of the qualifying veteran under subsection (d).

(f)

Obligated service

Each qualifying veteran who participates in the scholarship program shall, after completion of the graduate or post-graduate degree concerned and as jointly provided by the Secretary of Veterans Affairs and the Secretary of Defense in the agreement of such qualifying veteran under subsection (d), perform service as follows:

(1)

Such service for the Department of Veterans Affairs in connection with the furnishing of mental health services to veterans, and for such period, as the Secretary of Veterans Affairs shall specify in the agreement.

(2)

Such service for the Department of Defense in connection with the furnishing of mental health services to members of the Armed Forces, and for such period, as the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, specify in the agreement.

(3)

Such combination of service described by paragraphs (1) and (2), and for such period, as the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, specify in the agreement.

(g)

Breach of agreement

Each qualifying veteran participating in the scholarship who fails to complete satisfactorily the terms of the agreement of such qualifying veteran under subsection (d), whether through failure to obtain the graduate or post-graduate degree concerned or failure to perform service required of the qualifying veteran under subsection (f), shall be liable to the United States in such form and manner as the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, specify in the agreement.

(h)

Contingency operation defined

In this section, the term contingency operation has the meaning given that term in section 101(a)(13) of title 10, United States Code.

VII

Health Care Provisions

A

Improvements to Health Benefits

701.

Extension of prohibition on increases in certain health care costs

(a)

Charges under contracts for medical care

Section 1097(e) of title 10, United States Code, is amended by striking September 30, 2009 and inserting September 30, 2011.

(b)

Charges for inpatient care

Section 1086(b)(3) of such title is amended by striking September 30, 2010 and inserting September 30, 2011.

702.

Extension of dependent coverage under TRICARE

(a)

Dependent coverage

(1)

In general

Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section:

1110b.

TRICARE program: extension of dependent coverage

(a)

In general

In accordance with subsection (c), an individual described in subsection (b) shall be deemed to be a dependent (as described in section 1072(2)(D) of this title) for purposes of TRICARE coverage.

(b)

Individual described

An individual described in this subsection is an individual who—

(1)

with respect to a member or former member of a uniformed service, is—

(A)

a child who has not attained the age of 26 and is not eligible to enroll in an eligible employer-sponsored plan (as defined in section 5000A(f)(2) of the Internal Revenue Code of 1986); or

(B)

a person who—

(i)

is placed in the legal custody of the member or former member as a result of an order of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months;

(ii)

has not attained the age of 26;

(iii)

is not eligible to enroll in an eligible employer-sponsored plan (as defined in section 5000A(f)(2) of the Internal Revenue Code of 1986);

(iv)

resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the administering Secretary may by regulation prescribe;

(v)

is not otherwise a dependent of a member or a former member under any subparagraph of section 1072(2) of this title; and

(vi)

is not the child of a dependent who is described in subparagraph (D) or (I) of section 1072(2) and is a covered beneficiary; and

(2)

meets other criteria specified in regulations prescribed by the Secretary.

(c)

Premium

(1)

The Secretary shall prescribe by regulation a premium for TRICARE coverage provided pursuant to this section to an individual described in subsection (b).

(2)

The monthly amount of the premium in effect for a month for TRICARE coverage pursuant to this section shall be an amount not to exceed the cost of coverage that the Secretary determines on an appropriate actuarial basis.

(3)

The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums under this subsection.

(4)

Amounts collected as premiums under this paragraph shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section for such fiscal year.

(d)

TRICARE coverage defined

In this section, the term TRICARE coverage means health care to which a dependent described in section 1072(2)(D) of this title is entitled under section 1076d, 1076e, 1079, 1086, or 1097 of this title.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1110a the following new item:

1110b. TRICARE program: extension of dependent coverage.

.

(b)

Conforming amendment

Paragraph (1) of section 1086(c) of title 10, United States Code, is amended by inserting after of this title the following: (or an individual described in section 1110b(b) who meets the requirements for a dependent under paragraph (1) or (2) of such section 1076(b)).

(c)

Effective date

The amendments made by this section shall take effect on October 1, 2010.

703.

Survivor dental benefits

Paragraph (2) of section 1076a(k) of title 10, United States Code, is amended to read as follows:

(2)

Such term includes any such dependent of a member who dies—

(A)

while on active duty for a period of more than 30 days; or

(B)

while such member is a member of the Ready Reserve.

.

704.

Aural screenings for members of the Armed Forces

(a)

In general

Paragraph (2) of section 1074f(b) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

(D)

An aural screening, including an assessment of tinnitus.

.

(b)

Effective date

Section 1074f(b)(2) of title 10, United States Code, as added by subsection (a) of this section, shall apply to members of the Armed Forces who are deployed or return from deployment on or after the date that is 30 days after the date of the enactment of this Act.

705.

Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program

During the period beginning on October 1, 2010, and ending on September 30, 2011, the cost sharing requirements established under paragraph (6) of section 1074g(a) of title 10, United States Code, for pharmaceutical agents available through retail pharmacies covered by paragraph (2)(E)(ii) of such section may not exceed amounts as follows:

(1)

In the case of generic agents, $3.

(2)

In the case of formulary agents, $9.

(3)

In the case of nonformulary agents, $22.

706.

Suicide among members of the Individual Ready Reserve and individual mobilization augmentees

(a)

Findings

Congress finds that a veteran who is a member of the Individual Ready Reserve (or who is an individual mobilization augmentee) and is not assigned to a unit that musters regularly and has an established support structure is less likely to be helped by existing suicide prevention programs carried out by the Secretary of Defense and the Secretary of Veterans Affairs.

(b)

In general

(1)

Suicide prevention

Chapter 55 of title 10, United States Code, is amended by adding after section 1074l the following new section:

1074m.

Suicide prevention for members of the Individual Ready Reserve and individual mobilization augmentees

(a)

In general

The Secretary of Defense shall ensure that each covered member receives a telephone call described in subsection (b) not less than once every 90 days during the period in which—

(1)

the covered member is a member of the Individual Ready Reserve; or

(2)

the Secretary determines that the covered member is an individual mobilization augmentee.

(b)

Counseling call

A telephone call described in this subsection is a call from properly trained personnel to determine the emotional, psychological, medical, and career needs and concerns of the covered member.

(c)

Referral

(1)

The personnel making a telephone call described in subsection (b) shall refer a covered member identified as being at-risk of self-caused harm to the nearest emergency room for immediate evaluation and treatment by a qualified mental health care provider.

(2)

If a covered member is referred under paragraph (1), the Secretary shall confirm that the member has received the evaluation and any necessary treatment. 

(d)

Reports

Not later than January 31 of each year, beginning in 2011, the Secretary shall submit to Congress a report on the number of covered members who have been referred for counseling or mental health treatment under this section, as well as the health and career status of such members.

(e)

Covered member defined

In this section, the term covered member means—

(1)

a member of the Individual Ready Reserve described in section 10144(b) of this title who has deployed to Afghanistan or Iraq in support of a contingency operation; or

(2)

a member of a reserve component who the Secretary determines is an individual mobilization augmentee who has deployed to Afghanistan or Iraq in support of a contingency operation.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074l the following new item:

1074m. Suicide prevention for members of the Individual Ready Reserve and individual mobilization augmentees.

.

707.

Provision of information to members of the reserve components regarding health care benefits

(a)

Provision of information

The Secretary of Defense shall ensure that each member of a reserve component of the Armed Forces who is mobilized or demobilized is provided, together with the orders providing for such mobilization or demobilization, a clear and comprehensive statement of the medical care and treatment to which such member is entitled under Federal law by reason of being so mobilized or demobilized.

(b)

Frequency

The statement required to be provided a member under subsection (a) upon a mobilization or demobilization shall be provided to the member each time the member is mobilized or demobilized, as the case may be.

(c)

Elements

The statement provided a member under subsection (a) shall include the following:

(1)

A clear, comprehensive statement of the medical care and treatment to which the member is entitled under Federal law by reason of being mobilized or demobilized, as applicable, including—

(A)

the nature and range of the care and treatment to which the member is entitled;

(B)

the departments and agencies of the Federal Government that will provide such care and treatment;

(C)

the period for which such care and treatment will be so provided; and

(D)

the obligations, if any, of the member in connection with the receipt of such care and treatment.

(2)

A clear, comprehensive statement of the health care insurance available under Federal law for the member’s family, if any, by reason of the mobilization or demobilization of the member.

(3)

A clear, comprehensive description of the mental health assessments available to the member before, during, and after deployment pursuant to section 708 of the national defense authorization act for fiscal year 2010 (Public Law 111–84; 123 Stat. 2376; 10 U.S.C. 1074f note).

(4)

Such other matters as the Secretary considers appropriate.

B

Health Care Administration

711.

Administration of TRICARE

Subsection (a) of section 1073 of title 10, United States Code, is amended—

(1)

by striking Except and inserting (1) Except; and

(2)

by adding at the end the following new paragraph:

(2)

Except as otherwise provided in this chapter, the Secretary of Defense shall have sole responsibility for administering the TRICARE program and making any decision affecting such program.

.

712.

Updated terminology for the Army medical service corps

Paragraph (5) of section 3068 of title 10, United States Code, is amended—

(1)

in subparagraph (A), by striking Pharmacy, Supply, and Administration and inserting Administrative Health Services;

(2)

in subparagraph (C), by striking Sanitary Engineering and inserting Preventive Medicine Sciences; and

(3)

in subparagraph (D), by striking Optometry and inserting Clinical Health Sciences.

713.

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

Section 1094(d) of title 10, United States Code, is amended—

(1)

in paragraph (1), by inserting or (3) after paragraph (2);

(2)

in paragraph (2), by inserting as being described in this paragraph after paragraph (1); and

(3)

by adding at the end the following new paragraph:

(3)

A health-care professional referred to in paragraph (1) as being described in this paragraph is a member of the National Guard who—

(A)

has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and

(B)

is performing training or duty under title 32 in response to an actual or potential disaster.

.

714.

Annual report on joint health care facilities of the Department of Defense and the Department of Veterans Affairs

(a)

Annual reports

Section 1073b of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

Annual report on joint health care facilities of the Department of Defense and the Department of Veterans Affairs

(1)

At the same time that the budget of the President is submitted under section 1105(a) of title 31 for each fiscal year, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate congressional committees a report on joint facilities.

(2)

Each report under paragraph (1) shall include the following:

(A)

A list of each military medical treatment facility of the Department of Defense that the Secretary of Defense is considering as a potential joint facility.

(B)

A list of each medical facility of the Department of Veterans Affairs that the Secretary of Veterans Affairs is considering as a potential joint facility.

(C)

A list of each military medical treatment facility of the Department of Defense and medical facility of the Department of Veterans Affairs that has been established as a joint facility.

(3)
(A)

Except as provided in subparagraph (B), no funds authorized to be appropriated or otherwise made available for fiscal year 2012 or any fiscal year thereafter for military medical treatment facilities of the Department of Defense may be obligated or expended to establish a joint facility unless both the military medical treatment facility of the Department of Defense and the medical facility of the Department of Veterans Affairs were included in a report under paragraph (1).

(B)

The Secretary of Defense may waive the limitation in subparagraph (A) with respect to establishing a joint facility not included in a report under paragraph (1) if—

(i)

the Secretary and the Secretary of Veterans Affairs jointly submit to the appropriate congressional committees—

(I)

written certification that the Secretaries began considering such joint facility after the most recent report under subsection (a) was submitted to the appropriate congressional committees; and

(II)

a report on such joint facility, including the location and the estimated cost; and

(ii)

a period of 30 days has elapsed after the date on which the certification and report under clause (i) are submitted to the appropriate congressional committees.

(4)

In this subsection:

(A)

The term appropriate congressional committees means—

(i)

the congressional defense committees;

(ii)

the Committee on Veterans’ Affairs of the House of Representatives; and

(iii)

the Committee on Veterans’ Affairs of the Senate.

(B)

The term joint facility means a military medical treatment facility of the Department of Defense and a medical facility of the Department of Veterans Affairs that are combined, operated jointly, or otherwise operated in such a manner that a facility of one department is operating in or with a facility of the other department.

(C)

The term medical facility, with respect to a facility of the Department of Veterans Affairs, has the meaning given that term in section 8101(3) of title 38.

.

(b)

Title 38

(1)

In general

Subchapter IV of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section:

8159.

Limitation on establishment of joint facilities of the Department of Veterans Affairs and the Department of Defense

(a)

Limitation

Except as provided in subsection (b), no funds authorized to be appropriated or otherwise made available for fiscal year 2012 or any fiscal year thereafter for medical facilities of the Department of Veterans Affairs may be obligated or expended to establish a joint facility unless both the medical facility of the Department of Veterans Affairs and the military medical treatment facility of the Department of Defense were included in a report submitted by the Secretary of Veterans Affairs and the Secretary of Defense to the appropriate congressional committees under section 1073b(c) of title 10.

(b)

Waiver

The Secretary of Veterans Affairs may waive the limitation in subsection (a) with respect to establishing a joint facility not included in a report under section 1073b(c) of title 10 if—

(1)

the Secretary and the Secretary of Defense jointly submit to the appropriate congressional committees—

(A)

written certification that the Secretaries began considering such joint facility after the most recent report under section 1073b(c) of title 10 was submitted to the appropriate congressional committees; and

(B)

a report on such joint facility, including the location and the estimated cost; and

(2)

a period of 30 days has elapsed after the date on which the certification and report under paragraph (1) are submitted to the appropriate congressional committees.

(c)

Definitions

In this section:

(1)

The term appropriate congressional committees means—

(A)

the congressional defense committees (as defined in section 101(a)(16) of title 10);

(B)

the Committee on Veterans’ Affairs of the House of Representatives; and

(C)

the Committee on Veterans’ Affairs of the Senate.

(2)

The term joint facility means a military medical treatment facility of the Department of Defense and a medical facility of the Department of Veterans Affairs that are combined, operated jointly, or otherwise operated in such a manner that a facility of one department is operating in or with a facility of the other department.

(3)

The term medical facility has the meaning given that term in section 8101(3) of this title.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8158 the following new item:

8159. Limitation on establishment of joint facilities of the Department of Veterans Affairs and the Department of Defense.

.

715.

Improvements to oversight of medical training for Medical Corps officers

(a)

Review of training programs for medical officers

The Secretary of Defense shall conduct a review of training programs for medical officers (as defined in section 101(b)(14) of title 10, United States Code) to ensure that the academic and military performance of such officers has been completely documented in military personnel records. The programs reviewed shall include, at a minimum, the following:

(1)

Programs at the Uniformed Services University of the Health Sciences that award a medical doctor degree.

(2)

Selected residency programs at military medical treatment facilities, as determined by the Secretary, to include at least one program in each of the specialties of—

(A)

anesthesiology;

(B)

emergency medicine;

(C)

family medicine;

(D)

general surgery;

(E)

neurology;

(F)

obstetrics/gynecology;

(G)

pathology;

(H)

pediatrics; and

(I)

psychiatry.

(b)

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 findings of the review under subsection (a).

716.

Study on reimbursement for costs of health care provided to ineligible individuals