< Back to H.R. 6523 (111th Congress, 2009–2010)

Text of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011

This bill was enacted after being signed by the President on January 7, 2011. The text of the bill below is as of Dec 29, 2010 (Passed Congress/Enrolled Bill).

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I

One Hundred Eleventh Congress of the United States of America

At the Second Session

H. R. 6523

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

(a)

Short title

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

(b)

References

Any reference in this or any other Act to the National Defense Authorization Act for Fiscal Year 2011 shall be deemed to refer to the Ike Skelton National Defense Authorization Act for Fiscal Year 2011.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into three 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.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.

Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

Title I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Subtitle B—Navy Programs

Sec. 111. Multiyear funding for detail design and construction of LHA Replacement ship designated LHA–7.

Sec. 112. Requirement to maintain Navy airborne signals intelligence, surveillance, and reconnaissance capabilities.

Sec. 113. Report on naval force structure and missile defense.

Sec. 114. Reports on service-life extension of F/A–18 aircraft by the Department of the Navy.

Subtitle C—Joint and Multiservice Matters

Sec. 121. Limitations on biometric systems funds.

Sec. 122. System management plan and matrix for the F–35 Joint Strike Fighter aircraft program.

Sec. 123. Quarterly reports on use of Combat Mission Requirements funds.

Sec. 124. Counter-improvised explosive device initiatives database.

Sec. 125. Study on lightweight body armor solutions.

Sec. 126. Integration of solid state laser systems into certain aircraft.

Sec. 127. Contracts for commercial imaging satellite capacities.

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. Enhancement of Department of Defense support of science, mathematics, and engineering education.

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

Sec. 213. Separate program elements required for research and development of Joint Light Tactical Vehicle.

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

Sec. 215. Demonstration and pilot projects on cybersecurity.

Subtitle C—Missile Defense Programs

Sec. 221. Sense of Congress on ballistic missile defense.

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

Sec. 223. Limitation on availability of funds for missile defense interceptors in Europe.

Sec. 224. Medium Extended Air Defense System.

Sec. 225. Acquisition accountability reports on the ballistic missile defense system.

Sec. 226. Authority to support ballistic missile shared early warning with the Czech Republic.

Sec. 227. Report on phased, adaptive approach to missile defense in Europe.

Sec. 228. Independent review and assessment of the Ground-Based Midcourse Defense system.

Sec. 229. Iron Dome short-range rocket defense program.

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.

Subtitle E—Other Matters

Sec. 241. Sense of Congress affirming the importance of Department of Defense participation in development of next generation semiconductor technologies.

Sec. 242. Pilot program on collaborative energy security.

Sec. 243. Pilot program to include technology protection features during research and development of defense systems.

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. Requirements related to the investigation of exposure to drinking water at Camp Lejeune, North Carolina.

Sec. 314. Comptroller General assessment on military environmental exposures.

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

Subtitle D—Reports

Sec. 331. Additional reporting requirements relating to corrosion prevention projects and activities.

Sec. 332. Modification and repeal of certain reporting requirements.

Sec. 333. Report on Air Sovereignty Alert mission.

Sec. 334. Report on the SEAD/DEAD mission requirement for the Air Force.

Sec. 335. Requirement to update study on strategic seaports.

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. Extension of Arsenal Support Program Initiative.

Sec. 343. Limitation on obligation of funds for the Army Human Terrain System.

Sec. 344. Limitation on obligation of funds pending submission of classified justification material.

Sec. 345. Requirements for transferring aircraft within the Air Force inventory.

Sec. 346. Commercial sale of small arms ammunition in excess of military requirements.

Subtitle F—Other Matters

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

Sec. 352. Revision to authorities relating to transportation of civilian passengers and commercial cargoes by Department of Defense when space unavailable on commercial lines.

Sec. 353. 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. 354. Authority for payment of full replacement value for loss or damage to household goods in limited cases not covered by carrier liability.

Sec. 355. Recovery of improperly disposed of Department of Defense property.

Sec. 356. Operational readiness models.

Sec. 357. Sense of Congress regarding continued importance of High-Altitude Aviation Training Site, Colorado.

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

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. Ages for appointment and mandatory retirement for health professions officers.

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 promotion list.

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

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

Sec. 512. Assignment of Air Force Reserve military technicians (dual status) to positions outside Air Force Reserve unit program.

Sec. 513. Temporary authority for temporary employment of non-dual status military technicians.

Sec. 514. Revision of structure and functions of the Reserve Forces Policy Board.

Sec. 515. Repeal of requirement for new oath when officer transfers from active-duty list to reserve active-status list.

Sec. 516. Leave of members of the reserve components of the Armed Forces.

Sec. 517. Direct appointment of graduates of the United States Merchant Marine Academy into the National Guard.

Subtitle C—Joint Qualified Officers and Requirements

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

Sec. 522. Modification of promotion board procedures for joint qualified officers and officers with Joint Staff experience.

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

Sec. 533. Correction of military records.

Sec. 534. Disposition of members found to be fit for duty who are not suitable for deployment or worldwide assignment for medical reasons.

Sec. 535. Review of laws, policies, and regulations restricting service of female members of 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. Improvements to Department of Defense domestic violence programs.

Subtitle F—Member Education and Training Opportunities and Administration

Sec. 551. Enhancements of Department of Defense undergraduate nurse training program.

Sec. 552. Repayment of education loan repayment benefits.

Sec. 553. Participation of Armed Forces Health Professions Scholarship and Financial Assistance Program recipients in active duty health profession loan repayment program.

Sec. 554. Active duty obligation for military academy graduates who participate in the Armed Forces Health Professions Scholarship and Financial Assistance program.

Subtitle G—Defense Dependents’ Education

Sec. 561. Enrollment of dependents of members of the Armed Forces who reside in temporary housing in Department of Defense domestic dependent elementary and secondary schools.

Sec. 562. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 563. Impact aid for children with severe disabilities.

Subtitle H—Decorations and Awards

Sec. 571. Clarification of persons eligible for award of bronze star medal.

Sec. 572. Authorization and request for award of Distinguished-Service Cross to Shinyei Matayoshi for acts of valor during World War II.

Sec. 573. Authorization and request for award of Distinguished-Service Cross to Jay C. Copley for acts of valor during the Vietnam War.

Sec. 574. Program to commemorate 60th anniversary of the Korean War.

Subtitle I—Military Family Readiness Matters

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

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

Sec. 583. Modification of Yellow Ribbon Reintegration Program.

Sec. 584. Expansion and continuation of Joint Family Support Assistance Program.

Sec. 585. Report on military spouse education programs.

Sec. 586. Report on enhancing benefits available for military dependent children with special education needs.

Sec. 587. Reports on child development centers and financial assistance for child care for members of the Armed Forces.

Subtitle J—Other Matters

Sec. 591. 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. 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. Updated terminology for Army Medical Service Corps.

Sec. 595. Date for submission of annual report on Department of Defense STARBASE Program.

Sec. 596. Extension of deadline for submission of final report of Military Leadership Diversity Commission.

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. 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.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Extension of authority to provide travel and transportation allowances for inactive duty training outside of normal commuting distances.

Sec. 622. Travel and transportation allowances for attendance at Yellow Ribbon Reintegration events.

Subtitle D—Disability, Retired Pay and Survivor Benefits

Sec. 631. Elimination of cap on retired pay multiplier for members with greater than 30 years of service who retire for disability.

Sec. 632. Payment date for retired and retainer pay.

Sec. 633. 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. 634. Conformity of special compensation for members with injuries or illnesses requiring assistance in everyday living with monthly personal caregiver stipend under Department of Veterans Affairs program of comprehensive assistance for family caregivers.

Sec. 635. 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. 641. 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. 642. Feasibility study on establishment of full exchange store in the Northern Mariana Islands.

Sec. 643. Continuation of commissary and exchange operations at Brunswick Naval Air Station, Maine.

Subtitle F—Other Matters

Sec. 651. Report on basic allowance for housing for personnel assigned to sea duty.

Sec. 652. Report on savings from enhanced management of special pay for aviation career officers extending period of active duty.

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 the TRICARE program.

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.

Subtitle B—Health Care Administration

Sec. 711. Administration of TRICARE.

Sec. 712. Postdeployment health reassessments for purposes of the medical tracking system for members of the Armed Forces deployed overseas.

Sec. 713. Clarification of licensure requirements applicable to military health-care professionals who are members of the National Guard performing certain duty while in State status.

Sec. 714. Improvements to oversight of medical training for Medical Corps officers.

Sec. 715. Health information technology.

Sec. 716. Education and training on use of pharmaceuticals in rehabilitation programs for wounded warriors.

Subtitle C—Other Matters

Sec. 721. Repeal of report requirement on separations resulting from refusal to participate in anthrax vaccine immunization program.

Sec. 722. Comprehensive policy on consistent neurological cognitive assessments of members of the Armed Forces before and after deployment.

Sec. 723. Assessment of post-traumatic stress disorder by military occupation.

Sec. 724. Licensed mental health counselors and the TRICARE program.

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 engine development and procurement program as major subprogram.

Sec. 803. Enhancement of Department of Defense authority to respond to combat and safety emergencies through rapid acquisition and deployment of urgently needed supplies.

Sec. 804. Review of acquisition process for rapid fielding of capabilities in response to urgent operational needs.

Sec. 805. Acquisition of major automated information system programs.

Sec. 806. Requirements for information relating to supply chain risk.

Subtitle B—Provisions relating to Major Defense Acquisition Programs

Sec. 811. Cost estimates for program baselines and contract negotiations for major defense acquisition and major automated information system programs.

Sec. 812. Management of manufacturing risk in major defense acquisition programs.

Sec. 813. Modification and extension of requirements of the Weapon System Acquisition Reform Act of 2009.

Sec. 814. Inclusion of major subprograms to major defense acquisition programs under various acquisition-related requirements.

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

Sec. 821. Provisions relating to fire resistant fiber for production of military uniforms.

Sec. 822. Repeal of requirement for certain procurements from firms in the small arms production industrial base.

Sec. 823. Review of regulatory definition relating to production of specialty metals.

Sec. 824. Guidance relating to rights in technical data.

Sec. 825. Extension of sunset date for certain protests of task and delivery order contracts.

Sec. 826. Inclusion of option amounts in limitations on authority of the Department of Defense to carry out certain prototype projects.

Sec. 827. Permanent authority for Defense Acquisition Challenge Program; pilot expansion of Program.

Sec. 828. Energy savings performance contracts.

Sec. 829. Definition of materials critical to national security.

Subtitle D—Contractor Matters

Sec. 831. Oversight and accountability of contractors performing private security functions in areas of combat operations.

Sec. 832. Extension of regulations on contractors performing private security functions to areas of other significant military operations.

Sec. 833. Standards and certification for private security contractors.

Sec. 834. Enhancements of authority of Secretary of Defense to reduce or deny award fees to companies found to jeopardize the health or safety of Government personnel.

Sec. 835. Annual joint report and Comptroller General review on contracting in Iraq and Afghanistan.

Subtitle E—Other Matters

Sec. 841. Improvements to structure and functioning of Joint Requirements Oversight Council.

Sec. 842. Department of Defense policy on acquisition and performance of sustainable products and services.

Sec. 843. Assessment and plan for critical rare earth materials in defense applications.

Sec. 844. Review of national security exception to competition.

Sec. 845. Requirement for entities with facility clearances that are not under foreign ownership control or influence mitigation.

Sec. 846. Procurement of photovoltaic devices.

Sec. 847. Non-availability exception from Buy American requirements for procurement of hand or measuring tools.

Sec. 848. Contractor logistics support of contingency operations.

Subtitle F—Improve Acquisition Act

Sec. 860. Short title.

Part I—Defense Acquisition System

Sec. 861. Improvements to the management of the defense acquisition system.

Sec. 862. Comptroller General report on Joint Capabilities Integration and Development System.

Sec. 863. Requirements for the acquisition of services.

Sec. 864. Review of defense acquisition guidance.

Sec. 865. Requirement to review references to services acquisition throughout the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.

Sec. 866.  Pilot program on acquisition of military purpose nondevelopmental items.

Part II—Defense Acquisition Workforce

Sec. 871. Acquisition workforce excellence.

Sec. 872. Amendments to the acquisition workforce demonstration project.

Sec. 873. Career development for civilian and military personnel in the acquisition workforce.

Sec. 874. Recertification and training requirements.

Sec. 875. Information technology acquisition workforce.

Sec. 876. Definition of acquisition workforce.

Sec. 877. Defense Acquisition University curriculum review.

Part III—Financial Management

Sec. 881. Audit readiness of financial statements of the Department of Defense.

Sec. 882. Review of obligation and expenditure thresholds.

Sec. 883. Disclosure and traceability of the cost of Department of Defense health care contracts.

Part IV—Industrial Base

Sec. 891. Expansion of the industrial base.

Sec. 892. Price trend analysis for supplies and equipment purchased by the Department of Defense.

Sec. 893. Contractor business systems.

Sec. 894. Review and recommendations on eliminating barriers to contracting with the Department of Defense.

Sec. 895. Inclusion of the providers of services and information technology in the national technology and industrial base.

Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy; Industrial Base Fund.

Title IX—Department of Defense Organization and Management

Subtitle A—Department of Defense Management

Sec. 901. Reorganization of Office of the Secretary of Defense to carry out reduction required by law in number of Deputy Under Secretaries of Defense.

Subtitle B—Space Activities

Sec. 911. Integrated space architectures.

Sec. 912. Limitation on use of funds for costs of terminating contracts under the National Polar-Orbiting Operational Environmental Satellite System Program.

Sec. 913. Limitation on use of funds for purchasing Global Positioning System user equipment.

Sec. 914. Plan for integration of space-based nuclear detection sensors.

Sec. 915. Preservation of the solid rocket motor industrial base.

Sec. 916. Implementation plan to sustain solid rocket motor industrial base.

Sec. 917. Review and plan on sustainment of liquid rocket propulsion systems industrial base.

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. Modification of attendees at proceedings of Intelligence, Surveillance, and Reconnaissance Integration Council.

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

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

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

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

Sec. 932. Strategy on computer software assurance.

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

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

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

Subtitle E—Other Matters

Sec. 941. 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. 942. Additional requirements for quadrennial roles and missions review in 2011.

Sec. 943. Report on organizational structure and policy guidance of the Department of Defense regarding information operations.

Sec. 944. Report on organizational structures of the geographic combatant command headquarters.

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

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

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

Sec. 1015. Notice to Congress on military construction projects for facilities of the Department of Defense and foreign law enforcement agencies for counter-drug activities.

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Extension of authority for reimbursement of expenses for certain Navy mess operations.

Sec. 1022. Expressing the sense of Congress regarding the naming of a naval combat vessel after Father Vincent Capodanno.

Sec. 1023. Requirements for long-range plan for construction of naval vessels.

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.

Subtitle E—Homeland Defense and Civil Support

Sec. 1041. Limitation on deactivation of existing Consequence Management Response Forces.

Subtitle F—Studies and Reports

Sec. 1051. Interagency national security knowledge and skills.

Sec. 1052. Report on establishing a Northeast Regional Joint Training Center.

Sec. 1053. Comptroller General report on previously requested reports.

Sec. 1054. Biennial report on nuclear triad.

Sec. 1055. Comptroller General study on common alignment of world regions in departments and agencies with international responsibilities.

Sec. 1056. Required reports concerning bomber modernization, sustainment, and recapitalization efforts in support of the national defense strategy.

Sec. 1057. Comptroller General study and recommendations regarding security of southern land border of the United States.

Subtitle G—Miscellaneous Authorities and Limitations

Sec. 1061. Public availability of Department of Defense reports required by law.

Sec. 1062. Prohibition on infringing on the individual right to lawfully acquire, possess, own, carry, and otherwise use privately owned firearms, ammunition, and other weapons.

Sec. 1063. Development of criteria and methodology for determining the safety and security of nuclear weapons.

Subtitle H—Other Matters

Sec. 1071. National Defense Panel.

Sec. 1072. Sale of surplus military equipment to State and local homeland security and emergency management agencies.

Sec. 1073. Defense research and development rapid innovation program.

Sec. 1074. Authority to make excess nonlethal supplies available for domestic emergency assistance.

Sec. 1075. Technical and clerical amendments.

Sec. 1076. Study on optimal balance of manned and remotely piloted aircraft.

Sec. 1077. Treatment of successor contingency operation to Operation Iraqi Freedom.

Sec. 1078. Program to assess the utility of non-lethal weapons.

Sec. 1079. Sense of Congress on strategic nuclear force reductions.

Title XI—Civilian Personnel Matters

Sec. 1101. Clarification of authorities at personnel demonstration laboratories.

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

Sec. 1103. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

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

Sec. 1105. Rate of overtime pay for Department of the Navy employees performing work aboard or dockside in support of the nuclear aircraft carrier forward deployed in Japan.

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

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

Sec. 1205. Authority to build the capacity of Yemen Ministry of Interior Counter Terrorism Forces.

Sec. 1206. Air Force scholarships for Partnership for Peace nations to participate in the Euro-NATO Joint Jet Pilot Training program.

Sec. 1207. Modification and extension of authorities relating to program to build the capacity of foreign military forces.

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

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

Sec. 1212. One-year extension and modification of Commanders’ Emergency Response Program.

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

Sec. 1214. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan.

Sec. 1215. No permanent military bases in Afghanistan.

Sec. 1216. Authority to use funds for reintegration activities in Afghanistan.

Sec. 1217. Authority to establish a program to develop and carry out infrastructure projects in Afghanistan.

Sec. 1218. Extension of logistical support for coalition forces supporting operations in Iraq and Afghanistan.

Sec. 1219. Recommendations on oversight of contractors engaged in activities relating to Afghanistan.

Sec. 1220. Extension and modification of Pakistan Counterinsurgency Fund.

Subtitle C—Reports and other matters

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

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

Sec. 1233. Modification of report on responsible redeployment of United States Armed Forces from Iraq.

Sec. 1234. Report on Department of Defense support for coalition operations.

Sec. 1235. Reports on police training programs.

Sec. 1236. Report on certain Iraqis affiliated with the United States.

Sec. 1237. Report on Department of Defense’s plans to reform the export control system.

Sec. 1238. Report on United States efforts to defend against threats posed by the anti-access and area-denial capabilities of certain nation-states.

Sec. 1239. Defense Science Board report on Department of Defense strategy to counter violent extremism outside the United States.

Sec. 1240. Report on merits of an Incidents at Sea agreement between the United States, Iran, and certain other countries.

Sec. 1241. Requirement to monitor and evaluate Department of Defense activities to counter violent extremism in Africa.

Sec. 1242. NATO Special Operations Headquarters.

Sec. 1243. National Military Strategy to Counter Iran and required briefings.

Title XIII—Cooperative Threat Reduction

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

Sec. 1302. Funding allocations.

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

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

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—Chemical Demilitarization Matters

Sec. 1421. Consolidation and reorganization of statutory authority for destruction of United States stockpile of lethal chemical agents and munitions.

Subtitle D—Other Matters

Sec. 1431. Authorization of appropriations for Armed Forces Retirement Home.

Sec. 1432. Authority for transfer of funds to Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.

Title XV—Authorization of Additional Appropriations for Overseas Contingency Operations

Subtitle A—Authorization of Additional Appropriations

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. National Guard and Reserve equipment.

Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.

Sec. 1509. Research, development, test, and evaluation.

Sec. 1510. Operation and maintenance.

Sec. 1511. Military personnel.

Sec. 1512. Working capital funds.

Sec. 1513. Defense Health Program.

Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1515. Defense Inspector General.

Subtitle B—Financial Matters

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Subtitle C—Limitations and Other Matters

Sec. 1531. Limitations on availability of funds in Afghanistan Security Forces Fund.

Sec. 1532. Limitations on availability of funds in Iraq Security Forces Fund.

Sec. 1533. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq.

Sec. 1534. Joint Improvised Explosive Device Defeat Fund.

Sec. 1535. Task Force for Business and Stability Operations in Afghanistan and economic transition plan and economic strategy for Afghanistan.

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.

Sec. 1602. Comprehensive Department of Defense policy on sexual assault prevention and response program.

Subtitle A—Organizational Structure and Application of Sexual Assault Prevention and Response Program Elements

Sec. 1611. Sexual Assault Prevention and Response Office.

Sec. 1612. Oversight and evaluation standards.

Sec. 1613. Report and plan for completion of acquisition of centralized Department of Defense sexual assault database.

Sec. 1614. Restricted reporting of sexual assaults.

Subtitle B—Improved and Expanded Availability of Services

Sec. 1621. Improved protocols for providing medical care for victims of sexual assault.

Sec. 1622. Sexual assault victims access to Victim Advocate services.

Subtitle C—Reporting Requirements

Sec. 1631. Annual report regarding sexual assaults involving members of the Armed Forces and improvement to sexual assault prevention and response program.

Sec. 1632. Additional reports.

Division B—Military Construction Authorizations

Sec. 2001. Short title.

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

Sec. 2003. Funding tables.

Title XXI—Army Military Construction

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. 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. 2106. Modification of authority to carry out certain fiscal year 2009 project.

Sec. 2107. Modification of authority to carry out certain fiscal year 2010 project.

Sec. 2108. Extension of authorizations of certain fiscal year 2008 projects.

Title XXII—Navy Military Construction

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Technical amendment to reflect multi-increment fiscal year 2010 project.

Sec. 2206. 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.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. 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.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

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

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

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

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

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

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

Sec. 2607. Extension of authorizations of certain fiscal year 2008 projects.

Title XXVII—Base Realignment and Closure Activities

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.

Sec. 2704. 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. Use of Pentagon Reservation Maintenance Revolving Fund for construction or alteration at Pentagon Reservation.

Sec. 2803. Reduced reporting time limits for certain military construction and real property reports when submitted in electronic media.

Sec. 2804. Authority to use operation and maintenance funds for construction projects inside the United States Central Command area of responsibility.

Sec. 2805. Sense of Congress and report regarding employment of veterans to work on 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. Limitation on enhanced use leases of non-excess property.

Sec. 2814. Repeal of expired authority to lease land for special operations activities.

Sec. 2815. Former Naval Bombardment Area, Culebra Island, Puerto Rico.

Subtitle C—Provisions Related to Guam Realignment

Sec. 2821. Extension of term of Deputy Secretary of Defense’s leadership of Guam Oversight Council.

Sec. 2822. Utility conveyances to support integrated water and wastewater treatment system on Guam.

Sec. 2823. Report on types of facilities required to support Guam realignment.

Sec. 2824. Report on civilian infrastructure needs for Guam.

Subtitle D—Energy Security

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

Sec. 2832. Enhancement of energy security activities of the Department of Defense.

Subtitle E—Land Conveyances

Sec. 2841. Land conveyance, Defense Fuel Support Point (DFSP) Whittier, Alaska.

Sec. 2842. Land conveyance, Fort Knox, Kentucky.

Sec. 2843. Land conveyance, Naval Support Activity (West Bank), New Orleans, Louisiana.

Sec. 2844. Land conveyance, former Navy Extremely Low Frequency communications project site, Republic, Michigan.

Sec. 2845. Land conveyance, Marine Forces Reserve Center, Wilmington, North Carolina.

Subtitle F—Other Matters

Sec. 2851. Limitation on availability of funds pending report regarding construction of a new outlying landing field in North Carolina and Virginia.

Sec. 2852. Requirements related to providing world class military medical centers.

Sec. 2853. Report on fuel infrastructure sustainment, restoration, and modernization requirements.

Sec. 2854. Naming of Armed Forces Reserve Center, Middletown, Connecticut.

Sec. 2855. Sense of Congress on proposed extension of the Alaska Railroad corridor across Federal land in Alaska.

Sec. 2856. Sense of Congress on improving military housing for members of the Air Force.

Sec. 2857. Sense of Congress regarding recreational hunting and fishing on military installations.

Title XXIX—Overseas Contingency Operations Military Construction

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

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

Sec. 2903. Authorized Defense Wide Construction and Land Acquisition Projects and Authorization of Appropriations.

Title XXX—Military Construction Funding Tables

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. Aircraft procurement.

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

Sec. 3113. Comptroller General assessment of adequacy of budget requests with respect to the modernization and refurbishment of the nuclear weapons stockpile.

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

Sec. 3115. Establishment of cooperative research and development centers.

Sec. 3116. Future-years defense environmental management plan.

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

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

Sec. 3119. Extension of authority relating to the International Materials Protection, Control, and Accounting Program of the Department of Energy.

Sec. 3120. Extension of deadline for transfer of parcels of land to be conveyed to Los Alamos County, New Mexico, and held in trust for the Pueblo of San Ildefonso.

Sec. 3121. Repeal of sunset provision for modification of minor construction threshold for plant projects.

Sec. 3122. Enhancing private-sector employment through cooperative research and development activities.

Sec. 3123. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union.

Sec. 3124.  Department of Energy energy parks program.

Subtitle C—Reports

Sec. 3131. 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. Research authority.

3.

Congressional defense committees

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

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Subtitle B—Navy Programs

Sec. 111. Multiyear funding for detail design and construction of LHA Replacement ship designated LHA–7.

Sec. 112. Requirement to maintain Navy airborne signals intelligence, surveillance, and reconnaissance capabilities.

Sec. 113. Report on naval force structure and missile defense.

Sec. 114. Reports on service-life extension of F/A–18 aircraft by the Department of the Navy.

Subtitle C—Joint and Multiservice Matters

Sec. 121. Limitations on biometric systems funds.

Sec. 122. System management plan and matrix for the F–35 Joint Strike Fighter aircraft program.

Sec. 123. Quarterly reports on use of Combat Mission Requirements funds.

Sec. 124. Counter-improvised explosive device initiatives database.

Sec. 125. Study on lightweight body armor solutions.

Sec. 126. Integration of solid state laser systems into certain aircraft.

Sec. 127. Contracts for commercial imaging satellite capacities.

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, $5,908,384,000.

(2)

For missiles, $1,670,463,000.

(3)

For weapons and tracked combat vehicles, $1,656,263,000.

(4)

For ammunition, $1,953,194,000.

(5)

For other procurement, $9,758,965,000.

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, $18,877,139,000.

(2)

For weapons, including missiles and torpedoes, $3,358,264,000.

(3)

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

(4)

For other procurement, $6,381,815,000.

(b)

Marine Corps

Funds are hereby authorized to be appropriated for fiscal year 2011 for procurement for the Marine Corps in the amount of $1,296,838,000.

(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, $14,668,408,000.

(2)

For ammunition, $672,420,000.

(3)

For missiles, $5,444,464,000.

(4)

For other procurement, $17,845,342,000.

104.

Defense-wide activities

Funds are hereby authorized to be appropriated for fiscal year 2011 for Defense-wide procurement in the amount of $4,398,168,000.

B

Navy Programs

111.

Multiyear funding for detail design and construction of LHA Replacement ship designated LHA–7

(a)

Authority to use multiple years of funding

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

(b)

Condition for out-year contract payments

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

112.

Requirement to maintain Navy airborne signals intelligence, surveillance, and reconnaissance capabilities

(a)

Findings

Congress finds the following:

(1)

The Navy terminated the EP–X program to acquire a new land-based airborne signals intelligence capability because of escalating costs and funds budgeted for the program were re-allocated to other priorities.

(2)

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

(3)

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

(4)

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

(b)

Requirement To maintain capabilities

(1)

Prohibition on retirement of platforms

The Secretary of the Navy may not retire (or to prepare to retire) the EP–3E Airborne Reconnaissance Integrated Electronic System II or Special Projects Aircraft platform.

(2)

Maintenance of platforms

The Secretary of the Navy shall continue to maintain, sustain, and upgrade the EP–3E Airborne Reconnaissance Integrated Electronic System II and Special Projects Aircraft platforms in order to provide capabilities necessary to operate effectively against rapidly evolving threats and to meet combatant commander operational intelligence, surveillance, and reconnaissance requirements.

(3)

Certification

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

(A)

The Secretary of the Navy is maintaining and sustaining the EP–3E Airborne Reconnaissance Integrated Electronic System II and Special Projects Aircraft platform in a manner that meets the intelligence, surveillance, and reconnaissance requirements of the commanders of the combatant commands.

(B)

Any plan for the retirement or replacement of the EP–3E Airborne Reconnaissance Integrated Electronic System II or Special Projects Aircraft platform will provide, in the aggregate, an equivalent or superior capability and capacity to the platform concerned.

(4)

Termination

The requirements of this subsection with respect to the EP–3E Airborne Reconnaissance Integrated Electronic System II or the Special Projects Aircraft platform shall expire on the commencement of the fielding by the Navy of a platform or mix of platforms and sensors that are, in the aggregate, equivalent or superior to the EP–3E Airborne Reconnaissance Integrated Electronic System II (spiral 3) or the Special Projects Aircraft (P909) platform.

(c)

Restriction on transfer of Saber Focus program ISR capabilities

(1)

Restriction

The Secretary of the Navy may not transfer the Saber Focus unmanned aerial system, associated equipment, or processing, exploitation, and dissemination capabilities of the Saber Focus program to the Secretary of the Air Force until 30 days after the Secretary of the Air Force certifies to the congressional defense committees that after such a transfer, the Secretary of the Air Force will provide intelligence, surveillance, and reconnaissance (hereinafter in this section referred to as ISR) capabilities at the same or greater capability and capacity level as the capability or capacity level at which the Saber Focus program provides such capabilities to the area of operations concerned as of the date of the enactment of this Act.

(2)

Continued Navy provision of capabilities

The Secretary of the Navy shall continue to provide Saber Focus ISR program capabilities at the same or greater capability and capacity level as the capability or capacity level at which the Saber Focus program provides such capabilities as of the date of the enactment of this Act to the area of operations concerned until—

(A)

the certification referred to in paragraph (1) is provided to the congressional defense committees; or

(B)

30 days after the Secretary of Defense certifies to the congressional defense committees that the ISR capabilities of the Saber Focus program are no longer required to mitigate the ISR requirements of the combatant commander in the area of operations concerned.

113.

Report on naval force structure and missile defense

(a)

Report

Not later than March 31, 2011, the Secretary of Defense, in coordination with the Secretary of the Navy and the Chief of Naval Operations, shall submit to the congressional defense committees a report on the force structure requirements of the major combatant surface vessels with respect to ballistic 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)

A discussion of 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)

A discussion of the process for determining the number of Aegis ships needed by each commander of the combatant commands 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 impact of Aegis Ashore missile defense deployments, as well as deployment of other elements of the ballistic missile defense system, on Aegis ballistic missile defense ship force structure requirements.

(5)

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.

(6)

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.

(7)

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

(8)

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

114.

Reports on service-life extension of F/A–18 aircraft by the Department of the Navy

(a)

Cost-benefit analysis of Service Life Extension of F/A–18 Aircraft

Before the Secretary of the Navy may enter into a program to extend the service life of F/A–18 aircraft beyond 8,600 hours, the Secretary shall—

(1)

conduct a cost-benefit analysis, in accordance with Office of Management and Budget Circular A–94, comparing extending the service life of existing F/A–18 aircraft with procuring additional F/A–18E or F/A–18F aircraft as a means of managing the shortfall of the Department of the Navy in strike fighter aircraft; and

(2)

submit to the congressional defense committees a report on such cost-benefit analysis.

(b)

Elements of cost-benefit analysis

The cost-benefit analysis required by subsection (a)(1) shall include the following:

(1)

An estimate of the full costs, over the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code, with the budget of the President, of extending legacy F/A–18 aircraft beyond 8,600 hours, including—

(A)

any increases in operation and maintenance costs associated with operating such aircraft beyond a service life of 8,600 hours; and

(B)

the costs with respect to the airframe, avionics, software, and aircraft subsystems and components required to remain relevant in countering future threats and meeting the warfighting requirements of the commanders of the combatant commands.

(2)

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

(3)

An assessment of risks associated with extending the service life of legacy F/A–18 aircraft beyond 8,600 hours, including the level of certainty that the Secretary will be able to achieve such an extension.

(4)

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

(5)

An estimate of the cost-per-flight hour incurred for operating new F/A–18E or FA–18F aircraft.

(6)

An assessment of any alternatives to extending the service life of legacy F/A–18 aircraft beyond 8,600 hours or buying additional F/A–18E or F/A–18F aircraft that may be available to the Secretary to manage the shortfall of the Department of the Navy in strike fighter aircraft.

(c)

Additional elements of report

In addition to the information required in the cost-benefit analysis under subsection (b), the report under subsection (a)(2) shall include an assessment of the following:

(1)

Differences in capabilities of—

(A)

legacy F/A–18 aircraft that have undergone service-life extension;

(B)

F/A–18E or F/A–18F aircraft; and

(C)

F–35C aircraft.

(2)

Differences in capabilities that would result under the legacy F/A–18 aircraft service-life extension program if such program would—

(A)

provide only airframe-life extensions to the legacy F/A–18 aircraft fleet; and

(B)

provide for airframe-life extensions and capability upgrades to the legacy F/A–18 aircraft fleet.

(3)

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

(4)

Any changes that procuring additional F/A–18E or FA–18F aircraft, rather than extending the service life of legacy F/A–18 aircraft beyond 8600 hours, would have on the force structure or force mix intended by the Navy for its carrier air wings.

(5)

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

(d)

Report On operational F/A–18 aircraft squadrons

Before reducing the number of F/A–18 aircraft in an operational squadron of the Navy or Marine Corps, the Secretary shall submit to the congressional defense committees a report that discusses the operational risks and impacts of reducing the squadron size. The report shall include an assessment of the following:

(1)

The effect of the reduction on the operational capability and readiness of the Navy and the Marine Corps to conduct overseas contingency operations.

(2)

The effect of the reduction on the capability of the Navy and the Marine Corps to meet ongoing operational demands.

(3)

Any mechanisms the Secretary intends to use to mitigate any risks associated with the squadron size reduction.

(4)

The effect of the reduction on pilots and ground support crews of F/A–18 aircraft, in terms of training, readiness, and war fighting capabilities.

(e)

Report On F/A–18 aircraft Training Squadrons

Before reducing the size of an F/A–18 aircraft training squadron, or transferring an F/A–18 training aircraft for operational needs, the Secretary shall submit to the congressional defense committees a report that describes—

(1)

any risks to sustaining required training of F/A–18 aircraft pilots with a reduced training aircraft base; and

(2)

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

C

Joint and Multiservice Matters

121.

Limitations on biometric systems funds

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 and planned to be 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 commanders of the combatant commands and their commands; and

(2)

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

122.

System management plan and matrix for the F–35 Joint Strike Fighter aircraft program

(a)

System management plan

(1)

Plan required

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

(2)

Nature of plan

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

(A)

Manufacturing maturity, including on-time deliveries, manufacturing process control, quality rates, and labor efficiency rates.

(B)

Engineering maturity, including metrics for the number of new design actions and number of design changes in a given period.

(C)

Performance and testing progress, including test points, hours and flights accomplished, capabilities demonstrated, key performance parameters, and attributes demonstrated.

(D)

Mission effectiveness and system reliability, including operational effectiveness and reliability growth.

(E)

Training, fielding, and deployment status.

(b)

Reports to Congress

(1)

Initial report

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

(A)

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

(B)

a description of the actions to be taken to implement the plan.

(2)

Updates

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

(c)

Report on capabilities of Marine Corps variant of F–35 fighter aircraft at Initial Operating Capability

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the expected capabilities of the F–35B Joint Strike Fighter aircraft at the time when the Marine Corps plans to declare Initial Operating Capability for the F–35B Joint Strike Fighter aircraft. The report shall be prepared in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics.

(2)

Elements

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

(A)

Performance of the aircraft and its subsystems, compared to key performance parameters.

(B)

Expected capability to perform Marine Corps missions.

(C)

Required maintenance and logistics standards, including mission capability rates.

(D)

Expected levels of crew training and performance.

(E)

Product improvements that are planned before the Initial Operating Capability of the aircraft to be made after the Initial Operating Capability of the aircraft, as planned in March 2010.

123.

Quarterly reports on use of Combat Mission Requirements funds

(a)

Quarterly reports required

(1)

In general

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

(2)

Combat Mission Requirements funds

For purposes of this section, Combat Mission Requirements funds are amounts available to the Department of Defense for Defense-wide procurement in the Combat Mission Requirements subaccount of the Defense-wide Procurement account.

(b)

Elements

Each report under subsection (a) shall include, for the fiscal quarter covered by such report, the following:

(1)

The balance of the Combat Mission Requirements subaccount at the beginning of such quarter.

(2)

The balance of the Combat Mission Requirements subaccount at the end of such quarter.

(3)

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

(4)

A description of any requirement—

(A)

approved for procurement using Combat Mission Requirements funds during such quarter; or

(B)

procured using such funds during such quarter.

(5)

With respect to each description of a requirement under paragraph (4), the amount of Combat Mission Requirements funds committed to the procurement or approved procurement of such requirement.

(c)

Form

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

124.

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)

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.

125.

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).

126.

Integration of solid state laser systems into certain aircraft

(a)

Analysis of feasibility required

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

(b)

Aircraft

The aircraft platforms specified in this subsection shall include, at a minimum, the following:

(1)

The C–130 aircraft.

(2)

The B–1 bomber aircraft.

(3)

The F–35 fighter aircraft.

(c)

Scope of analysis

The analysis required by subsection (a) shall include a determination of the following:

(1)

The estimated cost per unit of each laser system analyzed.

(2)

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

127.

Contracts for commercial imaging satellite capacities

(a)

Telescope requirements under contracts after 2010

Except as provided in subsection (b), any contract for additional commercial imaging satellite capability or capacity entered into by the Department of Defense after December 31, 2010, shall require that the imaging telescope providing such capability or capacity under such contract has an aperture of not less than 1.5 meters.

(b)

Waiver

The Secretary of Defense may waive the limitation in subsection (a) if—

(1)

the Secretary submits to the congressional defense committees written certification that the waiver is in the national security interests of the United States; and

(2)

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

(c)

Continuation of current contracts

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

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. Enhancement of Department of Defense support of science, mathematics, and engineering education.

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

Sec. 213. Separate program elements required for research and development of Joint Light Tactical Vehicle.

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

Sec. 215. Demonstration and pilot projects on cybersecurity.

Subtitle C—Missile Defense Programs

Sec. 221. Sense of Congress on ballistic missile defense.

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

Sec. 223. Limitation on availability of funds for missile defense interceptors in Europe.

Sec. 224. Medium Extended Air Defense System.

Sec. 225. Acquisition accountability reports on the ballistic missile defense system.

Sec. 226. Authority to support ballistic missile shared early warning with the Czech Republic.

Sec. 227. Report on phased, adaptive approach to missile defense in Europe.

Sec. 228. Independent review and assessment of the Ground-Based Midcourse Defense system.

Sec. 229. Iron Dome short-range rocket defense program.

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.

Subtitle E—Other Matters

Sec. 241. Sense of Congress affirming the importance of Department of Defense participation in development of next generation semiconductor technologies.

Sec. 242. Pilot program on collaborative energy security.

Sec. 243. Pilot program to include technology protection features during research and development of defense systems.

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, $10,093,704,000.

(2)

For the Navy, $17,881,008,000.

(3)

For the Air Force, $27,319,627,000.

(4)

For Defense-wide activities, $21,292,576,000, of which $194,910,000 is authorized for the Director of Operational Test and Evaluation.

B

Program Requirements, Restrictions, and Limitations

211.

Enhancement of Department of Defense support of science, mathematics, and engineering education

(a)

Discharge of support through military departments

Section 2192(b) of title 10, United States Code, is amended—

(1)

by redesignating paragraph (2) as paragraph (3); and

(2)

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

(2)

The Secretary of Defense may carry out the authority in paragraph (1) through the Secretaries of the military departments.

.

(b)

Partnership intermediaries for purposes of education partnerships

Section 2194 of such title is amended—

(1)

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

(2)

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

(e)

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

.

212.

Limitation on use of funds by Defense Advanced Research Projects Agency for operation of National Cyber Range

(a)

Prohibition on use of funds pending report

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

(b)

Limitation on use of funds after report

Commencing on the date that is 90 days after the date on which the Under Secretary submits a report described in subsection (c), amounts described in subsection (a) shall be available for obligation or expenditure only for the purposes of research and development activities that the Under Secretary considers appropriate for ensuring and assessing the functionality of the National Cyber Range.

(c)

Report

(1)

In general

The report described in this subsection is a report setting forth a plan for the transition of the National Cyber Range to operation and sustainment.

(2)

Elements

The report shall include, at a minimum, the following:

(A)

An analysis of various potential recipients under the transition of the National Cyber Range.

(B)

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

(3)

Potential recipients

The recipients analyzed in the report under paragraph (2)(A) shall include, at a minimum, the following:

(A)

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

(B)

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

213.

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.

214.

Program for research, development, and deployment of advanced ground vehicles, ground vehicle systems, and components

(a)

Program Authorized

The Secretary of Defense may carry out a program for research and development on, and deployment of, advanced technology ground vehicles, ground vehicle systems, and components within the Department of Defense.

(b)

Goals and objectives

The goals and objectives of the program authorized by subsection (a) are as follows:

(1)

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

(2)

To procure and deploy significant quantities of advanced technology ground vehicles for use by the Department.

(3)

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

(c)

Elements of program

The program authorized by subsection (a) may include—

(1)

enhanced research and development activities for advanced technology ground vehicles, ground vehicle systems, and components, including—

(A)

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

(B)

pilot projects for the demonstration of advanced technologies in ground vehicles for use by the Department of Defense; and

(C)

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

(2)

enhanced activities to procure and deploy advanced technology ground vehicles in the Department, including—

(A)

preferences for the purchase of advanced technology ground vehicles;

(B)

the use of authorities available to the Secretary of Defense to stimulate the development and production of advanced technology systems and ground vehicles through purchases, loan guarantees, and other mechanisms;

(C)

pilot programs to demonstrate advanced technology ground vehicles and associated infrastructure at select defense installations;

(D)

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

(E)

schedules and objectives for the conversion of the ground vehicle fleet of the Department to advanced technology ground vehicles.

(d)

Cooperation with industry and academia

(1)

In general

The Secretary may carry out the program authorized by subsection (a) through partnerships and other cooperative agreements with private sector entities, including—

(A)

universities and other academic institutions;

(B)

companies in the automobile and truck manufacturing industry;

(C)

companies that supply systems and components to the automobile and truck manufacturing industry; and

(D)

any other companies or private sector entities that the Secretary considers appropriate.

(2)

Nature of cooperation

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

(e)

Coordination with other Federal agencies

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

215.

Demonstration and pilot projects on cybersecurity

(a)

Demonstration projects on processes for application of commercial technologies to cybersecurity requirements

(1)

Projects required

The Secretary of Defense and the Secretaries of the military departments shall jointly carry out demonstration projects to assess the feasibility and advisability of using various business models and processes to rapidly and effectively identify innovative commercial technologies and apply such technologies to Department of Defense and other cybersecurity requirements.

(2)

Scope of projects

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

(b)

Pilot programs on cybersecurity required

The Secretary of Defense shall support or conduct pilot programs on cybersecurity with respect to the following areas:

(1)

Threat sensing and warning for information networks worldwide.

(2)

Managed security services for cybersecurity within the defense industrial base, military departments, and combatant commands.

(3)

Use of private processes and infrastructure to address threats, problems, vulnerabilities, or opportunities in cybersecurity.

(4)

Processes for securing the global supply chain.

(5)

Processes for threat sensing and security of cloud computing infrastructure.

(c)

Reports

(1)

Reports required

Not later than 240 days after the date of the enactment of this Act, and annually thereafter at or about the time of the submittal to Congress of the budget of the President for a fiscal year (as submitted pursuant to section 1105(a) of title 31, United States Code), the Secretary of Defense shall, in coordination with the Secretary of Homeland Security, submit to Congress a report on any demonstration projects carried out under subsection (a), and on the pilot projects carried out under subsection (b), during the preceding year.

(2)

Elements

Each report under this subsection shall include the following:

(A)

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

(B)

For the pilot projects supported or conducted under subsection (b)(2)—

(i)

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

(ii)

an assessment of whether managed security services are compatible with the cybersecurity strategy of the Department of Defense with respect to conducting an active, in-depth defense under the direction of United States Cyber Command.

(C)

For the pilot projects supported or conducted under subsection (b)(3)—

(i)

a description of any performance metrics established for purposes of the pilot project, and a description of any processes developed for purposes of accountability and governance under any partnership under the pilot project; and

(ii)

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

(D)

For the pilot projects supported or conducted under subsection (b)(4)—

(i)

a framework and taxonomy for evaluating practices that secure the global supply chain, as well as practices for securely operating in an uncertain or compromised supply chain;

(ii)

an assessment of the viability of applying commercial practices for securing the global supply chain; and

(iii)

an assessment of the viability of applying commercial practices for securely operating in an uncertain or compromised supply chain.

(E)

For the pilot projects supported or conducted under subsection (b)(5)—

(i)

an assessment of the capabilities of Federal Government providers to offer secure cloud computing environments; and

(ii)

an assessment of the capabilities of commercial providers to offer secure cloud computing environments to the Federal Government.

(3)

Form

Each report under this subsection shall be submitted in unclassified form, but may include a classified annex.

C

Missile Defense Programs

221.

Sense of Congress on ballistic missile defense

(a)

Sense of Congress

It is the sense of Congress—

(1)

that the phased, adaptive approach to missile defense in Europe is an appropriate response to the existing ballistic missile threat from Iran to the European territory of North Atlantic Treaty Organization countries, and to potential future ballistic missile capabilities of Iran;

(2)

that the phased, adaptive approach to missile defense in Europe is not intended to, and will not, provide a missile defense capability relative to the ballistic missile deterrent forces of the Russian Federation, or diminish strategic stability with the Russian Federation;

(3)

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

(4)

that the ground-based midcourse defense system deployed in Alaska and California currently provides adequate defensive capability for the United States against currently anticipated future long-range ballistic missile threats from Iran, and this capability will be enhanced as the system is improved, including by the planned deployment of an AN/TPY–2 radar in southern Europe in 2011;

(5)

that the ground-based midcourse defense system should be maintained, enhanced, and adequately tested to ensure its operational capability through its service life;

(6)

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

(7)

that, as part of this effort, the Department of Defense should pursue the development, testing, and deployment of operationally effective versions of all variants of the standard missile–3 for all four phases of the phased, adaptive approach to missile defense in Europe;

(8)

that the standard missile–3 block IIB interceptor missile planned for deployment in phase 4 of the phased, adaptive approach should be capable of addressing the potential future threat of intermediate-range and long-range ballistic missiles from Iran, including intercontinental ballistic missiles that could be capable of reaching the United States;

(9)

that there are no constraints contained in the New START Treaty on the development or deployment by the United States of effective missile defenses, including all phases of the phased, adaptive approach to missile defense in Europe and further enhancements to the ground-based midcourse defense system, as well as future missile defenses; and

(10)

that the Department of Defense should continue the development, testing, and assessment of the two-stage ground-based interceptor in such a manner as to provide a hedge against potential technical challenges with the development of the standard missile–3 block IIB interceptor missile as a means of augmenting the defense of Europe and of the homeland against a limited ballistic missile attack from nations such as North Korea or Iran.

(b)

New START Treaty defined

In this section, the term New START Treaty means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010.

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.

Limitation on availability of funds for missile defense interceptors in Europe

(a)

Limitation on construction and 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 site activation, construction, or deployment of missile defense interceptors on European land as part of the phased, adaptive approach to missile defense 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 authorizing the deployment of such interceptors; 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 on European land as part of the phased, adaptive approach to missile defense 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)

Waiver

The Secretary of Defense may waive the limitations in subsections (a) and (b) if—

(1)

the Secretary submits to the congressional defense committees written certification that the waiver is in the urgent national security interests of the United States; and

(2)

a period of seven days has elapsed following the date on which the certification under paragraph (1) is submitted.

(d)

Construction

Nothing in this section shall be construed so as to limit the obligation and expenditure of funds for any missile defense activities not otherwise limited by subsection (a) or (b), including, with respect to the planned deployments of missile defense interceptors on European land as part of the phased, adaptive approach to missile defense in Europe—

(1)

research, development, test and evaluation;

(2)

site surveys;

(3)

studies and analyses; and

(4)

site planning and design and construction design.

(e)

Conforming repeal

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

224.

Medium Extended Air Defense System

(a)

Limitation on availability of funds

Of the amounts authorized to be appropriated in this title for fiscal year 2011 for research, development, test, and evaluation, Army, of the amount that corresponds with budget activity five, line 117, in the budget transmitted to Congress by the President for fiscal year 2011, not more than 25 percent may be obligated or expended until the date on which—

(1)

the Secretary of Defense completes the critical design review and the system program review for the medium extended air defense system program and decides to proceed with the program; and

(2)

the Secretary submits in writing to the congressional defense committees a report containing the decision referred to in paragraph (1) to proceed with the medium extended air defense system.

(b)

Further limitations

(1)

In general

Of the amounts authorized to be appropriated in this title for fiscal year 2011 for research, development, test, and evaluation, Army, of the amount that corresponds with budget activity five, line 117, in the budget transmitted to Congress by the President for fiscal year 2011, not more than 50 percent may be obligated or expended until a period of 30 days have elapsed following the date on which the Secretary submits to the congressional defense committees a report containing the elements specified in paragraph (2).

(2)

Elements of report

The elements specified in this paragraph for the report described in paragraph (1) are the following:

(A)

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

(B)

A cost estimate performed by the Director of Cost Assessment and Program Evaluation of the medium extended air defense system program, including an analysis of the cost growth in the program and an explanation of what effect such cost growth would have if the program were subject to the provisions of section 2433 of title 10, United States Code (commonly referred to as the Nunn-McCurdy Act).

(C)

An analysis of alternatives to the medium extended air defense system program and its component elements.

(D)

A description of the planned schedule and cost for the development, production, and deployment of the medium extended air defense system, including the cost and schedule for any variations to the baseline program to be fielded by the Armed Forces.

(E)

A description of the role of Germany and Italy in the medium extended air defense system program, including the role of such countries in procurement or production of elements of such program.

(F)

Any other matters that the Secretary of Defense considers appropriate.

(c)

Form of reports

The reports submitted under this section shall be submitted in unclassified form, but may include a classified annex.

225.

Acquisition accountability reports on the ballistic missile defense system

(a)

Baselines required

The Secretary of Defense shall ensure that the Missile Defense Agency establishes and maintains an acquisition baseline for each program element of the ballistic missile defense system, as specified in section 223 of title 10, United States Code.

(b)

Elements of baselines

Each acquisition baseline required by subsection (a) for a program element shall include the following:

(1)

A comprehensive schedule for the program element, including—

(A)

research and development milestones;

(B)

acquisition milestones, including design reviews and key decision points;

(C)

key test events, including ground and flight tests and ballistic missile defense system tests; and

(D)

delivery and fielding schedules.

(2)

A detailed technical description of—

(A)

the capability to be developed, including hardware and software;

(B)

system requirements;

(C)

how the proposed capability satisfies a capability identified by the commanders of the combatant commands on a prioritized capabilities list;

(D)

key knowledge points that must be achieved to permit continuation of the program and to inform production and deployment decisions; and

(E)

how the Missile Defense Agency plans to improve the capability over time.

(3)

A cost estimate for the program element, including—

(A)

a life cycle cost estimate;

(B)

program acquisition unit costs for the program element;

(C)

average procurement unit costs and program acquisition costs for the program element; and

(D)

an identification when the program joint cost analysis requirements description document is scheduled to be approved.

(4)

A test baseline summarizing the comprehensive test program for the program element outlined in the integrated master test plan.

(c)

Annual reports on acquisition baselines

(1)

Annual reports required

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

(2)

Form

Each report under this subsection shall be submitted in unclassified form, but may include a classified annex.

(d)

Annual reports on Missile Defense Executive Board activities

The Director shall include in each report under subsection (c) a description of the activities of the Missile Defense Executive Board during the preceding fiscal year, including the following:

(1)

A list of each meeting of the Board during the preceding fiscal year.

(2)

The agenda and issues considered at each such meeting.

(3)

A description of any decisions or recommendations made by the Board at each such meeting.

226.

Authority to support ballistic missile shared early warning with the Czech Republic

(a)

Authority to support shared early warning

During fiscal years 2011 and 2012, the Secretary of Defense may carry out a program to provide a ballistic missile shared early warning capability for the United States and the Czech Republic.

(b)

Fiscal year 2011 funding authorization

(1)

Of the funds authorized to be appropriated by this Act or any other Act for fiscal year 2011 for Operation and Maintenance, Air Force, $1,700,000 may be available for the purposes described in subsection (a).

(2)

Of the funds authorized to be appropriated by this Act or any other Act for fiscal year 2011 for Other Procurement, Air Force, $500,000 may be available for the purposes described in subsection (a).

227.

Report on phased, adaptive approach to missile defense in Europe

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the phased, adaptive approach to missile defense in Europe.

(b)

Matters included

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

(1)

A detailed explanation of—

(A)

the analytic basis (including the analytic process and methodology) that led to the recommendation of the Secretary of Defense and the Joint Chiefs of Staff to pursue the phased, adaptive approach to missile defense in Europe, including the ability to defend deployed forces of the United States, allies, and partners in Europe, and the United States homeland, against the existing, emerging, and future threat from Iranian ballistic missiles in a timely and flexible manner; and

(B)

the planned defensive coverage of Europe provided by such missile defense.

(2)

A detailed explanation of the specific elements planned for each of the four phases of the phased, adaptive approach to missile defense in Europe, including schedules and parameters of planned deployments of missile defense systems at sea and on land, and the knowledge points or milestones that will be required prior to operational deployment of those elements.

(3)

A description of the factors and processes that will be used to determine the eventual numbers and locations of interceptors that will be deployed at sea and on land, and the concept of operations that will enable the phased, adaptive approach to missile defense in Europe to be operated in a flexible, adaptable, and survivable manner.

(4)

A description of the status of the development or production of the various elements of the phased, adaptive approach to missile defense in Europe, particularly the development of the standard missile-3, block IIA and block IIB interceptors, including the technical readiness levels of those systems under development and the plans for retiring the technical risks of such systems.

(5)

A description of the advances in technology that are expected to permit enhanced defensive capability of the phased, adaptive approach to missile defense in Europe, including airborne infrared sensor technology, space sensor technology, and enhanced battle management, command, control, and communications.

(6)

A discussion of how the phased, adaptive approach to missile defense in Europe will meet the operational needs of the commander of the United States European Command, and how it relates to plans to use a phased, adaptive approach to missile defense in other geographic regions.

(7)

An explanation of—

(A)

the views of the North Atlantic Treaty Organization on the phased, adaptive approach to missile defense in Europe; and

(B)

how such missile defense fits into the current missile defense strategy of NATO.

(c)

Form

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

228.

Independent review and assessment of the Ground-Based Midcourse Defense system

(a)

Independent review and assessment required

The Secretary of Defense shall select an appropriate entity outside the Department of Defense to conduct an independent review and assessment of the ground-based midcourse defense system.

(b)

Elements

The review and assessment required by this section shall address the current plans of the Department of Defense with respect to the following:

(1)

The force structure and inventory levels necessary for the ground-based midcourse defense system to achieve the planned capabilities of that system, including an analysis of costs and potential advantages of deploying additional operational ground-based interceptor missiles.

(2)

The number of ground-based interceptor missiles necessary for operational assets, test assets (including developmental and operational test assets and aging and surveillance test assets), and spare missiles for the ground-based midcourse defense system.

(3)

The plan to maintain the operational effectiveness of the ground-based midcourse defense system over the course of its service life, including any modernization or capability enhancement efforts, and any sustainment efforts.

(4)

The plan for funding the development, production, deployment, testing, improvement, and sustainment of the ground-based midcourse defense system.

(5)

The plan for flight testing the ground-based midcourse defense system, including aging and surveillance tests to demonstrate the continuing effectiveness of the system over the course of its service life.

(6)

The plan for production of ground-based interceptor missiles necessary for operational test assets, aging and surveillance test assets, and spare missiles for the ground-based midcourse defense system.

(c)

Report

Not later than 180 days after the date of the enactment of this Act, the entity conducting the review and assessment under this section shall submit to the Secretary and the congressional defense committees a report containing—

(1)

the results of the review and assessment; and

(2)

any recommendations on how the Department of Defense may improve upon its plans to ensure the availability, reliability, maintainability, supportability, and improvement of the ground-based midcourse defense system.

229.

Iron Dome short-range rocket defense program

Of the funds authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide, the Secretary of Defense may provide up to $205,000,000 to the government of Israel for the Iron Dome short-range rocket defense system.

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 submit 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)

Briefing

Not later than April 15, 2011, the Secretary shall provide a detailed briefing to the congressional defense committees on the cost benefit analysis conducted 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, 2013, 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 2013, 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.

E

Other Matters

241.

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

(a)

Findings

Congress finds the following:

(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 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. Greater reliance on providers of semiconductors in the United States high technology industry would help mitigate the security risks of such an offshore shift.

(3)

The development of new manufacturing technologies 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 pursue research and development capabilities to take the lead in developing and producing the next generation of integrated circuits; and

(2)

the Department of Defense should continue to work with industry and academia in pursuing the research and development of advanced manufacturing techniques in support of the development of the next generation of integrated circuits needed for the requirements and specialized applications of the Department of Defense.

242.

Pilot program on collaborative energy security

(a)

Pilot program

The Secretary of Defense, in coordination with the Secretary of Energy, may 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

If the Secretary of Defense carries out a pilot program under this section, 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. 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

A pilot program under this section 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

If the Secretary of Defense carries out a pilot program under this section, such pilot program shall begin by not later than July 1, 2011, and shall be not less than three years in duration.

(e)

Reports

(1)

Initial report

If the Secretary of Defense carries out a pilot program under this section, the Secretary shall submit to the appropriate congressional committees by not later than October 1, 2011, an initial report that provides an update on the implementation of the pilot program, 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 a 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)

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)).

243.

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)

Annual Reports

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

(c)

Termination

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

(d)

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.

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. Requirements related to the investigation of exposure to drinking water at Camp Lejeune, North Carolina.

Sec. 314. Comptroller General assessment on military environmental exposures.

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

Subtitle D—Reports

Sec. 331. Additional reporting requirements relating to corrosion prevention projects and activities.

Sec. 332. Modification and repeal of certain reporting requirements.

Sec. 333. Report on Air Sovereignty Alert mission.

Sec. 334. Report on the SEAD/DEAD mission requirement for the Air Force.

Sec. 335. Requirement to update study on strategic seaports.

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. Extension of Arsenal Support Program Initiative.

Sec. 343. Limitation on obligation of funds for the Army Human Terrain System.

Sec. 344. Limitation on obligation of funds pending submission of classified justification material.

Sec. 345. Requirements for transferring aircraft within the Air Force inventory.

Sec. 346. Commercial sale of small arms ammunition in excess of military requirements.

Subtitle F—Other Matters

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

Sec. 352. Revision to authorities relating to transportation of civilian passengers and commercial cargoes by Department of Defense when space unavailable on commercial lines.

Sec. 353. 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. 354. Authority for payment of full replacement value for loss or damage to household goods in limited cases not covered by carrier liability.

Sec. 355. Recovery of improperly disposed of Department of Defense property.

Sec. 356. Operational readiness models.

Sec. 357. Sense of Congress regarding continued importance of High-Altitude Aviation Training Site, Colorado.

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

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, $33,921,165,000.

(2)

For the Navy, $38,232,943,000.

(3)

For the Marine Corps, $5,590,340,000.

(4)

For the Air Force, $36,822,516,000.

(5)

For Defense-wide activities, $30,562,619,000.

(6)

For the Army Reserve, $2,879,077,000.

(7)

For the Naval Reserve, $1,367,764,000.

(8)

For the Marine Corps Reserve, $285,234,000.

(9)

For the Air Force Reserve, $3,403,827,000.

(10)

For the Army National Guard, $6,621,704,000.

(11)

For the Air National Guard, $6,042,239,000.

(12)

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

(13)

For the Acquisition Development Workforce Fund, $217,561,000.

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

(2)

Purpose of reimbursement

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

(3)

Interagency agreement

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

(b)

Source of funds

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

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.

Requirements related to the investigation of exposure to drinking water at Camp Lejeune, North Carolina

(a)

Findings

Congress makes the following findings:

(1)

The Department of the Navy and the Agency for Toxic Substances and Disease Registry (hereinafter in this section referred to as ATSDR) have been working together for almost two decades to identify the possible effects of exposure to contaminated drinking water at Camp Lejeune, North Carolina.

(2)

Multiple studies have been conducted, and are being conducted, which require significant amounts of data and historical documentation, requiring the Department of the Navy and ATSDR to have close collaboration and open access to information.

(3)

In June 2010, the Department of the Navy and ATSDR established the Camp Lejeune Data Mining Technical Workgroup to identify and inventory information and data relevant to the ongoing scientific research.

(b)

Requirements

(1)

ATSDR access to data

By not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall ensure that the inventory created by the Camp Lejeune Data Mining Technical Workgroup is accurate and complete and that ATSDR has full access to all of the documents and data listed therein as needed.

(2)

Availability of new and newly discovered documents

If after the date of enactment of this Act the Secretary of the Navy generates any new document, record, or electronic data, or comes into possession of any existing document, record, or electronic data not previously provided in the Camp Lejeune Data Mining Technical Workgroup, the Secretary of the Navy shall make such information immediately available to ATSDR with an electronic inventory incorporating the newly located or generated document, record, or electronic data.

(3)

Limitation on adjudication of claims

None of the funds authorized to be appropriated by this Act for fiscal year 2011 may be used to adjudicate any administrative claim filed with the Department of the Navy regarding water contamination at Camp Lejeune, North Carolina, until at least 45 days after the date on which the Secretary of the Navy notifies the Committees on Armed Services of the Senate and House of Representatives of the intention of the Secretary to adjudicate the claim.

314.

Comptroller General assessment on military environmental exposures

(a)

Findings

Congress makes the following findings:

(1)

There have been various reports of the exposure of current and former members of the Armed Forces, their dependents, and civilian employees to environmental hazards while living and working on military installations.

(2)

There is the need to better understand existing Department of Defense policies and procedures for addressing possible environmental exposures at military installations, determining any correlation between such an exposure and a subsequent health condition, and handling claims and potential compensation.

(3)

While many of these possible exposures have been studied and evaluated, the extent to which those exposures caused or contributed to the short- and long-term health conditions of current and former members of the Armed Forces, their dependents, and civilian employees remains largely unknown.

(4)

As for these possible exposures and the link between the exposure and subsequent health conditions, there may be better ways for the Federal Government to evaluate, address and, as warranted, provide health benefits or possible compensation as a remedy to these potential exposures.

(b)

Comptroller General assessment required

The Comptroller General of the United States shall carry out an assessment of possible exposures to environmental hazards on military installations that includes the following:

(1)

An identification of the policies and processes by which the Department of Defense and the military departments respond to environmental hazards on military installations and possible exposures and determine if there is a standard framework.

(2)

An identification of the existing processes available to current and former members of the Armed Forces, their dependents, and civilian employees to seek compensation and health benefits for exposures to environmental hazards on military installations.

(3)

A comparison of the processes identified under paragraph (2) with other potential options or methods for providing health benefits or compensation to individuals for injuries that may have resulted from environmental hazards on military installations.

(4)

An examination of what is known about the advantages and disadvantages of other potential options or methods as well as any shortfalls in the current processes.

(5)

Recommendations for any administrative or legislative action that the Comptroller General deems appropriate in the context of the assessment.

(c)

Report

Not later than January 1, 2012, the Comptroller General shall submit to the Chairmen and Ranking Members of the Committees on Armed Services of the Senate and the House of Representatives a report on the findings and recommendations, as appropriate, of the Comptroller General with respect to the assessment conducted under subsection (b).

(d)

Coordination

In carrying out subsection (b), the Comptroller General shall receive comments from the Secretary of Defense and others, as appropriate.

(e)

Construction

Nothing in this section shall be interpreted to impede, encroach, or delay—

(1)

any studies, reviews, or assessments of any actual or potential environmental exposures at any military installation, including the studies included in the Agency for Toxic Substances and Disease Registry’s Annual Plan of Work regarding the water contamination at Camp Lejeune, North Carolina;

(2)

the Agency for Toxic Substances and Disease Registry’s statutory obligations, including its obligations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) regarding Superfund sites; or

(3)

the remediation of any environmental contamination or hazard at any military installation.

(f)

Military installation defined

In this section, the term military installation has the meaning given that term in section 2801(c)(4) of title 10, United States Code.

C

Workplace and Depot Issues

321.

Technical amendments to requirement for service contract inventory

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

(1)

by redesignating paragraph (2) as paragraph (3);

(2)

in paragraph (1), in the matter preceding subparagraph (A)—

(A)

by striking the second sentence;

(B)

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, the Under Secretary of Defense (Comptroller), and the Under Secretary of Defense for Acquisition, Technology, and Logistics, as follows:; and

(C)

by inserting after the sentence added by subparagraph (B) the following:

(A)

The Under Secretary of Defense for Personnel and Readiness, as supported by the Under Secretary of Defense (Comptroller), shall be responsible for developing guidance for—

(i)

the collection of data regarding functions and missions performed by contractors in a manner that is comparable to the manpower data elements used in inventories of functions performed by Department of Defense employees; and

(ii)

the calculation of contractor manpower equivalents in a manner that is comparable to the calculation of full-time equivalents for use in inventories of functions performed by Department of Defense employees.

(B)

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall be responsible for developing guidance on other data elements and implementing procedures.

;

(3)

by inserting after subparagraph (B) of paragraph (1), as added by paragraph (2), the following:

(2)

The entry for an activity on an inventory under this subsection shall include, for the fiscal year covered by such entry, the following:

; and

(4)

in paragraph (2), as redesignated by paragraph (3), by striking subparagraph (E) and inserting the following new subparagraph (E):

(E)

The number of contractor employees, expressed as full-time equivalents for direct labor, using direct labor hours and associated cost data collected from contractors (except that estimates may be used where such data is not available and cannot reasonably be made available in a timely manner for the purpose of the inventory).

.

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.

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 functions 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 March 31, 2011, 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.

(d)

Construction

Nothing in this section shall be construed—

(1)

to preclude the Secretary of Defense from establishing, applying, and enforcing goals for the conversion of acquisition functions and other critical functions to performance by Department of Defense civilian employees, where such goals are based on considered research and analysis; or

(2)

to require the Secretary of Defense to conduct a cost comparison before making a decision to convert any acquisition function or other critical function to performance by Department of Defense civilian employees, where factors other than cost serve as a basis for the Secretary’s decision.

D

Reports

331.

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 subsection (d) 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).

.

332.

Modification and repeal of certain reporting requirements

(a)

Prioritization of funds

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

(1)

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

(2)

in paragraph (2)—

(A)

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

(B)

in subparagraph (B), by striking 2012 and inserting 2015.

(b)

Budget information

Subsection (b) of such section is amended—

(1)

in paragraph (2)—

(A)

in subparagraph (A)—

(i)

by striking the global war on terrorism and inserting overseas contingency operations; and

(ii)

by inserting and at the end;

(B)

in subparagraph (B)—

(i)

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

(ii)

by striking ; and at the end and inserting a period; and

(C)

by striking subparagraph (C); and

(2)

by striking paragraph (3).

(c)

Annual report on Army progress

Subsection (c) of such section is amended—

(1)

by striking paragraphs (1), (2), (3), (4), (5), (6), and (7);

(2)

by redesignating paragraphs (8) and (9) as subparagraphs (D) and (F), respectively;

(3)

by submitting (1) before On the date;

(4)

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

(5)

by striking Each such report and all that follows through the colon and inserting the following:

(2)

Each such report shall include the following:

(A)

An assessment of the key enabler equipment and personnel of the Army, including—

(i)

a comparison of—

(I)

the authorized level of key enabler equipment;

(II)

the level of key enabler equipment on hand; and

(III)

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

(ii)

a comparison of the authorized and actual personnel levels for personnel with key enabler personnel specialities with the requirements for key enabler personnel specialties;

(iii)

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

(iv)

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

(B)

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

(C)

A schedule for the accomplishment of the purposes set forth in paragraph (1).

;

(6)

in paragraph (2), as amended by paragraphs (2) and (5) of this subsection, by inserting after subparagraph (D) the following new subparagraph:

(E)

A description of the status of the development of doctrine on how modular combat, functional, and support forces will train, be sustained, and fight.

; and

(7)

in subparagraph (F) of paragraph (2) as redesignated by paragraphs (2) and (5) of this subsection, by striking paragraphs (1) through (8) and inserting subparagraphs (A) through (E).

(d)

Annual Comptroller General on Army progress

Subsection (d) of such section is amended to read as follows:

(d)

Annual Comptroller General report on Army progress

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

.

(e)

Definitions

Such section is further amended—

(1)

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

(2)

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

(e)

Definitions

In this section:

(1)

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

(2)

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

(A)

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

(B)

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

.

(f)

Termination of report requirement

Subsection (f) of such section, as redesignated by subsection (e)(1) of this section, is further amended by striking fiscal year 2012 and inserting fiscal year 2015.

(g)

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.

(h)

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.

333.

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 shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the Air Sovereignty Alert (hereinafter in this section referred to as ASA) mission and Operation Noble Eagle.

(b)

Consultation

The Commander shall consult with the Director of the National Guard Bureau who shall 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 ASA mission and of Operation Noble Eagle.

(2)

An evaluation of each of the following:

(A)

The current ability to perform the ASA mission with respect to training, equipment, and basing.

(B)

Any current deficiencies in the ASA mission.

(C)

Any changes in threats that would require any change in training, equipment, and basing to effectively support the ASA mission.

(D)

An evaluation of whether the ASA mission is fully resourced with respect to funding, personnel, and aircraft.

(E)

A description of the coverage of ASA and Operation Noble Eagle units with respect to—

(i)

population centers covered; and

(ii)

targets of value covered, including symbolic (including national monuments, sports venues, and centers of commerce), critical infrastructure (including power plants, ports, dams, bridges, and telecommunication nodes), and national security (including military bases and organs of government) targets.

(F)

An unclassified, notional area of responsibility conforming to the unclassified response time of the unit represented graphically on a map and detailing the total population and number of targets of value covered, as described in subparagraph (E).

(3)

The status of the 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)

Form of Report

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

334.

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 basing.

(B)

Any current deficiencies of the Air National Guard to perform the mission, including range infrastructure or other improvements needed to support peacetime training and readiness.

(C)

The corrective actions and costs required to address any deficiencies described in subparagraph (B).

(c)

Consultation

The Secretary of the Air Force shall consult with the Director of the National Guard Bureau who shall review and provide independent analysis and comments on the report required under subsection (a).

335.

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.

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.

(d)

Limitation

The Secretary of a military department shall determine whether consideration for a landing fee has been received in a lease, license, or other real estate agreement for an airfield and shall use such a determination to offset appropriate amounts imposed under subsection (a) for that airfield.

.

(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.

Extension of Arsenal Support Program Initiative

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), as amended by section 341 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 69) and section 354 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2264), is further amended—

(1)

in subsection (a), by striking 2011 and inserting 2012; and

(2)

in subsection (g)(1), by striking 2011 and inserting 2012.

343.

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 85 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)

A validation of all HTS requirements, including any prior joint urgent operational needs statements.

(2)

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.

344.

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, of the amount that corresponds with budget activity four, line 270, in the budget transmitted to Congress by the President for fiscal year 2011, 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.

345.

Requirements for transferring aircraft within the Air Force inventory

(a)

Requirements

In proposing the transfer of ownership of any aircraft from ownership by a reserve component of the Air Force to ownership by a regular component of the Air Force, including such a transfer to be made on a temporary basis, the Secretary of the Air Force shall ensure that a written agreement regarding such transfer of ownership has been entered into between the Director of the Air National Guard, the Commander of the Air Force Reserve Command, and the Chief of Staff of the Air Force. Any such agreement shall specify each of the following:

(1)

The number of and type of aircraft to be transferred.

(2)

In the case of any aircraft transferred on a temporary basis—

(A)

the schedule under which the aircraft will be returned to the ownership of the reserve component;

(B)

a description of the condition, including the estimated remaining service life, in which any such aircraft will be returned to the reserve component; and

(C)

a description of the allocation of resources, including the designation of responsibility for funding aircraft operation and maintenance and a detailed description of budgetary responsibilities, for the period for which the ownership of the aircraft is transferred to the regular component.

(3)

The designation of responsibility for funding depot maintenance requirements or modifications to the aircraft generated as a result of the transfer, including any such requirements and modifications required during the period for which the ownership of the aircraft is transferred to the regular component.

(4)

Any location from which the aircraft will be transferred.

(5)

The effects on manpower that such a transfer may have at any facility identified under paragraph (4).

(6)

The effects on the skills and proficiencies of the reserve component personnel affected by the transfer.

(7)

Any other items the Director of the Air National Guard or the Commander of the Air Force Reserve Command determines are necessary in order to execute such a transfer.

(b)

Submittal of agreements to Congress

The Secretary of the Air Force may not take any action to transfer the ownership of an aircraft as described in subsection (a) until the Secretary submits to the congressional defense committees an agreement entered into pursuant to such subsection regarding the transfer of ownership of the aircraft.

346.

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 are 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.

(c)

Preference

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

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—

(A)

submits an application for a position as an employee of the Department of Defense for which—

(i)

the individual is qualified; and

(ii)

a security clearance is required; and

(B)

is—

(i)

a member of the armed forces who was retired or separated, or is expected to be retired or separated, for physical disability pursuant to chapter 61 of this title;

(ii)

the spouse of a member of the armed forces who retires or is separated, after the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, for a physical disability as a result of a wound, injuries or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned); or

(iii)

the spouse of a member of the armed forces who dies, after the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, as a result of a wound, injury, or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned).

; 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 amendments made by subsection (a) shall apply with respect to a background investigation conducted after the date of the enactment of this Act.

352.

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

During the 5-year period beginning on the date of the enactment of the Ike Skelton 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.

.

(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.

.

353.

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.

354.

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.

355.

Recovery of improperly disposed of Department of Defense property

(a)

In general

Chapter 165 of title 10, United States Code, is amended by adding at the end the following new section:

2790.

Recovery of improperly disposed of Department of Defense property

(a)

Prohibition

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

(b)

Transfer of title or interest ineffective

If property has been disposed of in violation of subsection (a), the person holding the property has no right or title to, or interest in, the property.

(c)

Authority for seizure of improperly disposed of property

If any person is in the possession of military or Department of Defense property without right or title to, or interest in, the property because it has been disposed of in material violation of subsection (a), any Federal, State, or local law enforcement official may seize the property wherever found. Unless an exception to the warrant requirement under the fourth amendment to the Constitution applies, seizure may be made only—

(1)

pursuant to—

(A)

a warrant issued by the district court of the United States for the district in which the property is located, or for the district in which the person in possession of the property resides or is subject to service; or

(B)

pursuant to an order by such court, issued after a determination of improper transfer under subsection (e); and

(2)

after such a court has issued such a warrant or order.

(d)

Inapplicability to certain property

Subsections (b) and (c) shall not apply to—

(1)

property on public display by public or private collectors or museums in secured exhibits; or

(2)

property in the collection of any museum or veterans organization or held in a private collection for the purpose of public display, provided that any such property, the possession of which could undermine national security or create a hazard to public health or safety, has been fully demilitarized.

(e)

Determinations of violations

(1)

The district court of the United States for the district in which the property is located, or the district in which the person in possession of the property resides or is subject to service, shall have jurisdiction, regardless of the current approximated or estimated value of the property, to determine whether property was disposed of in violation of subsection (a). Any such determination shall be by a preponderance of the evidence.

(2)

Except as provided in paragraph (3), in the case of property, the possession of which could undermine national security or create a hazard to public health or safety, the determination under paragraph (1) may be made after the seizure of the property, as long as the United States files an action seeking such determination within 90 days after seizure of the property. If the person from whom the property is seized is found to have been lawfully in possession of the property and the return of the property could undermine national security or create a hazard to public health or safety, the Secretary of Defense shall reimburse the person for the market value for the property.

(3)

Paragraph (2) shall not apply to any firearm, ammunition, or ammunition component, or firearm part or accessory that is not prohibited for commercial sale.

(f)

Delivery of seized property

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

(g)

Scope of enforcement

This section shall apply to the following:

(1)

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

(2)

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

(h)

Rule of construction

The authority of this section is in addition to any other authority of the United States with respect to property to which the United States may have right or title.

(i)

Definitions

In this section:

(1)

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.

(2)

The term museum has the meaning given that term in section 273(1) of the Museum Services Act (20 U.S.C. 9172(1)).

(3)

The term fully demilitarized means, with respect to equipment or material, the destruction of the military offensive or defensive advantages inherent in the equipment or material, including, at a minimum, the destruction or disabling of key points of such equipment or material, such as the fuselage, tail assembly, wing spar, armor, radar and radomes, armament and armament provisions, operating systems and software, and classified items.

(4)

The term veterans organization means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 165 of such title is amended by inserting after the item relating to section 2789 the following new item:

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

.

356.

Operational readiness models

(a)

Review of Models

Not later than September 30, 2011, the Director of the Congressional Budget Office shall conduct a study to identify, compare, and contrast the budget preparation tools and models used by each of the military departments to determine funding levels for operational readiness requirements during the programming, planning, budgeting, and execution process and report the findings to the congressional defense committees. In carrying out such study, the Director shall—

(1)

assess whether any additional or alternative verified and validated operational readiness model used by any military department for budgeting for flying or ground equipment hours, steaming days, equipment operations, equipment maintenance, and depot maintenance should be incorporated into the budget process of that military department; and

(2)

identify any shortcomings or deficiencies in the approach of each military department in building the operational readiness budget for that department.

(b)

Congressional Briefing

Not later than April 1, 2012, in conjunction with the submission by the Secretary of Defense of the budget justification documents for fiscal year 2013, the Secretaries of each of the military departments, or designated representatives thereof, shall brief the congressional defense committees on their respective responses to the study conducted by the Director of the Congressional Budget Office. Each such briefing shall include—

(1)

a description of how the military department concerned plans to address any deficiencies in the development of the operational readiness budget of such department identified in the study; and

(2)

a description of how the modeling tools identified in the study could be used by the military department to improve the development of the operational readiness budget for the department.

357.

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.

358.

Study of effects of new construction of obstructions on military installations and operations

(a)

Objective

It shall be an objective of the Department of Defense to ensure that the robust development of renewable energy sources and the increased resiliency of the commercial electrical grid may move forward in the United States, while minimizing or mitigating any adverse impacts on military operations and readiness.

(b)

Designation of Senior Official and Lead Organization

(1)

Designation

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense, and a lead organization of the Department of Defense, to—

(A)

serve as the executive agent to carry out the review required by subsection (d);

(B)

serve as a clearinghouse to coordinate Department of Defense review of applications for projects 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

(C)

accelerate the development of planning tools necessary to determine the acceptability to the Department of Defense of proposals included in an application for a project submitted pursuant to such section.

(2)

Resources

The Secretary shall ensure that the senior official and lead organization designated under paragraph (1) are assigned such personnel and resources as the Secretary considers appropriate to carry out this section.

(c)

Initial Actions

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the senior official and lead organization designated pursuant to subsection (b), shall—

(1)

conduct a preliminary review of each application for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, that may have an adverse impact on military operations and readiness, unless such project has been granted a determination of no hazard. Such review shall, at a minimum, for each such project—

(A)

assess the likely scope and duration of any adverse impact of such project on military operations and readiness; and

(B)

identify any feasible and affordable actions that could be taken in the immediate future by the Department, the developer of such project, or others to mitigate such adverse impact and to minimize risks to national security while allowing such project to proceed with development;

(2)

develop, in coordination with other departments and agencies of the Federal Government, an integrated review process to ensure timely notification and consideration of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, that may have an adverse impact on military operations and readiness;

(3)

establish procedures for the Department of Defense for the coordinated consideration of and response to a request for a review received from State and local officials or the developer of a renewable energy development or other energy project, including guidance to personnel at each military installation in the United States on how to initiate such procedures and ensure a coordinated Department response while seeking to fulfil the objective under subsection (a); and

(4)

develop procedures for conducting early outreach to parties carrying out projects filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, that could have an adverse impact on military operations and readiness, and to the general public, to clearly communicate notice on actions being taken by the Department of Defense under this section and to receive comments from such parties and the general public on such actions.

(d)

Comprehensive Review

(1)

Strategy required

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, acting through the senior official and lead organization designated pursuant to subsection (b), shall develop a comprehensive strategy for addressing the military impacts of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code.

(2)

Elements

In developing the strategy required by paragraph (1), the Secretary of Defense shall—

(A)

assess of the magnitude of interference posed by projects filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code;

(B)

identify geographic areas selected as proposed locations for projects filed, or which may be filed in the future, with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, where such projects could have an adverse impact on military operations and readiness and categorize the risk of adverse impact in such areas as high, medium, or low for the purpose of informing early outreach efforts under subsection (c)(4) and preliminary assessments under subsection (e); and

(C)

specifically identify feasible and affordable long-term actions that may be taken to mitigate adverse impacts of projects filed, or which may be filed in the future, with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, on military operations and readiness, including—

(i)

investment priorities of the Department of Defense with respect to research and development;

(ii)

modifications to military operations to accommodate applications for such projects;

(iii)

recommended upgrades or modifications to existing systems or procedures by the Department of Defense;

(iv)

acquisition of new systems by the Department and other departments and agencies of the Federal Government and timelines for fielding such new systems; and

(v)

modifications to the projects for which such applications are filed, including changes in size, location, or technology.

(e)

Department of Defense Hazard Assessment

(1)

Preliminary assessment

The procedures established pursuant to subsection (c) shall ensure that not later than 30 days after receiving a proper application for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, the Secretary of Defense shall review the project and provide a preliminary assessment of the level of risk of adverse impact on military operations and readiness that would arise from the project and the extent of mitigation that may be needed to address such risk.

(2)

Determination of unacceptable risk

The procedures established pursuant to subsection (c) shall ensure that the Secretary of Defense does not object to a project filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, except in a case in which the Secretary of Defense determines, after giving full consideration to mitigation actions identified pursuant to this section, that such project would result in an unacceptable risk to the national security of the United States.

(3)

Congressional notice requirement

Not later than 30 days after making a determination of unacceptable risk under paragraph (2), the Secretary of Defense shall submit to the congressional defense committees a report on such determination and the basis for such determination. Such a report shall include an explanation of the operational impact that led to the determination, a discussion of the mitigation options considered, and an explanation of why the mitigation options were not feasible or did not resolve the conflict.

(4)

Non-delegation of determinations

The responsibility for making a determination of unacceptable risk under paragraph (2) may only be delegated to an appropriate senior officer of the Department of Defense, on the recommendation of the senior official designated pursuant to subsection (b). The following individuals are appropriate senior officers of the Department of Defense for the purposes of this paragraph:

(A)

The Deputy Secretary of Defense.

(B)

The Under Secretary of Defense for Acquisition, Technology, and Logistics.

(C)

The Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.

(f)

Reports

(1)

Report to Congress

Not later than March 15 each year from 2011 through 2015, the Secretary of Defense shall submit to the congressional defense committees a report on the actions taken by the Department of Defense during the preceding year to implement this section and the comprehensive strategy developed pursuant to this section.

(2)

Contents of report

Each report submitted under paragraph (1) shall include—

(A)

the results of a review carried out by the Secretary of Defense of any projects filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code—

(i)

that the Secretary of Defense has determined would result in an unacceptable risk to the national security; and

(ii)

for which the Secretary of Defense has recommended to the Secretary of Transportation that a hazard determination be issued;

(B)

an assessment of the risk associated with the loss or modifications of military training routes and a quantification of such risk;

(C)

an assessment of the risk associated with solar power and similar systems as to the effects of glint on military readiness;

(D)

an assessment of the risk associated with electromagnetic interference on military readiness, including the effects of testing and evaluation ranges;

(E)

an assessment of any risks posed by the development of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, to the prevention of threats and aggression directed toward the United States and its territories; and

(F)

a description of the distance from a military installation that the Department of Defense will use to prescreen applicants under section 44718 of title 49, United States Code.

(g)

Authority to accept contributions of funds

The Secretary of Defense is authorized to accept a voluntary contribution of funds from an applicant for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code. Amounts so accepted shall be available for the purpose of offsetting the cost of measures undertaken by the Secretary of Defense to mitigate adverse impacts of such project on military operations and readiness.

(h)

Effect of Department of Defense Hazard Assessment

An action taken pursuant to this section shall not be considered to be a substitute for any assessment or determination required of the Secretary of Transportation under section 44718 of title 49, United States Code.

(i)

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 of 1969 (42 U.S.C. 4321 et seq.).

(j)

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 of Defense, for use by the Armed Forces for the purpose of conducting low-altitude, high-speed military training.

(2)

The term military installation has the meaning given that term in section 2801(c)(4) of title 10, United States Code.

(3)

The term military readiness includes any training or operation that could be related to combat readiness, including testing and evaluation activities.

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.

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, 1,600.

(B)

For the Air National Guard of the United States, 350.

(2)

Army reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 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.

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

Subtitle A—Officer Personnel Policy Generally

Sec. 501. Ages for appointment and mandatory retirement for health professions officers.

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 promotion list.

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

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

Sec. 512. Assignment of Air Force Reserve military technicians (dual status) to positions outside Air Force Reserve unit program.

Sec. 513. Temporary authority for temporary employment of non-dual status military technicians.

Sec. 514. Revision of structure and functions of the Reserve Forces Policy Board.

Sec. 515. Repeal of requirement for new oath when officer transfers from active-duty list to reserve active-status list.

Sec. 516. Leave of members of the reserve components of the Armed Forces.

Sec. 517. Direct appointment of graduates of the United States Merchant Marine Academy into the National Guard.

Subtitle C—Joint Qualified Officers and Requirements

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

Sec. 522. Modification of promotion board procedures for joint qualified officers and officers with Joint Staff experience.

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

Sec. 533. Correction of military records.

Sec. 534. Disposition of members found to be fit for duty who are not suitable for deployment or worldwide assignment for medical reasons.

Sec. 535. Review of laws, policies, and regulations restricting service of female members of 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. Improvements to Department of Defense domestic violence programs.

Subtitle F—Member Education and Training Opportunities and Administration

Sec. 551. Enhancements of Department of Defense undergraduate nurse training program.

Sec. 552. Repayment of education loan repayment benefits.

Sec. 553. Participation of Armed Forces Health Professions Scholarship and Financial Assistance Program recipients in active duty health profession loan repayment program.

Sec. 554. Active duty obligation for military academy graduates who participate in the Armed Forces Health Professions Scholarship and Financial Assistance program.

Subtitle G—Defense Dependents’ Education

Sec. 561. Enrollment of dependents of members of the Armed Forces who reside in temporary housing in Department of Defense domestic dependent elementary and secondary schools.

Sec. 562. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 563. Impact aid for children with severe disabilities.

Subtitle H—Decorations and Awards

Sec. 571. Clarification of persons eligible for award of bronze star medal.

Sec. 572. Authorization and request for award of Distinguished-Service Cross to Shinyei Matayoshi for acts of valor during World War II.

Sec. 573. Authorization and request for award of Distinguished-Service Cross to Jay C. Copley for acts of valor during the Vietnam War.

Sec. 574. Program to commemorate 60th anniversary of the Korean War.

Subtitle I—Military Family Readiness Matters

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

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

Sec. 583. Modification of Yellow Ribbon Reintegration Program.

Sec. 584. Expansion and continuation of Joint Family Support Assistance Program.

Sec. 585. Report on military spouse education programs.

Sec. 586. Report on enhancing benefits available for military dependent children with special education needs.

Sec. 587. Reports on child development centers and financial assistance for child care for members of the Armed Forces.

Subtitle J—Other Matters

Sec. 591. 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. 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. Updated terminology for Army Medical Service Corps.

Sec. 595. Date for submission of annual report on Department of Defense STARBASE Program.

Sec. 596. Extension of deadline for submission of final report of Military Leadership Diversity Commission.

A

Officer Personnel Policy Generally

501.

Ages for appointment and mandatory retirement for health professions officers

(a)

Age for original appointment as health professions officer

Section 532(d)(2) of title 10, United States Code, is amended by striking reserve.

(b)

Mandatory retirement age for health professions officers

(1)

Additional categories of officers eligible for deferral of mandatory retirement for age

Paragraph (2) of section 1251(b) of such title is amended—

(A)

in subparagraph (B), by striking or at the end;

(B)

in subparagraph (C), by striking the period at the end 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 of the military department 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.

.

(2)

Conforming amendment

Paragraph (1) of such section is amended 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.

.

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 concerned may provide by regulation that appointments in that grade in that armed force shall be made by commission.

(2)

Appointing authority

The second sentence of such section is amended by inserting before the period at the end the following: , and appointments (whether by warrant or commission) in the grade of regular warrant officer, W–1, shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the Secretary concerned.

(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 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 promotion list

(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

Under regulations prescribed by the Secretary concerned, if an officer on the active-duty list is discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a higher grade under this chapter, but before being promoted, the officer's name shall be administratively removed from the list of officers recommended for promotion by a selection board.

.

(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

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

.

505.

Modification of authority for officers selected for appointment to general and flag officer grades to wear insignia of higher grade before appointment

(a)

Limited authority for officers selected for appointment to grades above major general and rear admiral

(1)

In general

Chapter 45 of title 10, United States Code, is amended by adding at the end the following new section:

777a.

Wearing of insignia of higher grade before appointment to a grade above major general or rear admiral (frocking): authority; restrictions

(a)

Authority

An officer serving in a grade below the grade of lieutenant general or, in the case of the Navy, vice admiral, who has been selected for appointment to the grade of lieutenant general or general, or, in the case of the Navy, vice admiral or admiral, and an officer serving in the grade of lieutenant general or vice admiral who has been selected for appointment to the grade of general or admiral, may be authorized, under regulations and policies of the Department of Defense and subject to subsection (b), to wear the insignia for that higher grade for a period of up to 14 days before assuming the duties of a position for which the higher grade is authorized. An officer who is so authorized to wear the insignia of a higher grade is said to be frocked to that grade.

(b)

Restrictions

An officer may not be authorized to wear the insignia for a grade as described in subsection (a) unless—

(1)

the Senate has given its advice and consent to the appointment of the officer to that grade;

(2)

the officer has received orders to serve in a position outside the military department of that officer for which that grade is authorized;

(3)

the Secretary of Defense (or a civilian officer within the Office of the Secretary of Defense whose appointment was made with the advice and consent of the Senate and to whom the Secretary delegates such approval authority) has given approval for the officer to wear the insignia for that grade before assuming the duties of a position for which that grade is authorized; and

(4)

the Secretary of Defense has submitted to Congress a written notification of the intent to authorize the officer to wear the insignia for that grade.

(c)

Benefits not to be construed as accruing

(1)

Authority provided to an officer as described in subsection (a) to wear the insignia of a higher grade may not be construed as conferring authority for that officer to—

(A)

be paid the rate of pay provided for an officer in that grade having the same number of years of service as that officer; or

(B)

assume any legal authority associated with that grade.

(2)

The period for which an officer wears the insignia of a higher grade under such authority may not be taken into account for any of the following purposes:

(A)

Seniority in that grade.

(B)

Time of service in that grade.

(d)

Limitation on number of officers frocked

The total number of officers who are authorized to wear the insignia for a higher grade under this section shall count against the limitation in section 777(d) of this title on the total number of officers authorized to wear the insignia of a higher grade.

.

(2)

Clerical amendment

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

777a. Wearing of insignia of higher grade before appointment to a grade above major general or rear admiral (frocking): authority; restrictions.

.

(b)

Repeal of waiting period following congressional notification for officers selected for appointment to general and flag officer grades below lieutenant general and vice admiral

Section 777(b)(3)(B) of such title is amended by striking and a period of 30 days has elapsed after the date of the notification.

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 Ike Skelton 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 Ike Skelton 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 Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013.

B

Reserve Component Management

511.

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).

512.

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.

.

513.

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

(a)

Exception for temporary employment

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 person 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.

.

(b)

Exception from permanent limitation on number of non-dual status technicians

Subsection (c) of such section is amended by adding at the end the following new paragraph:

(3)

An individual employed as a non-dual status technician as described in subsection (a)(3) shall not be consider a non-dual status technician for purposes of paragraphs (1) and (2).

.

514.

Revision of structure and functions of the Reserve Forces Policy Board

(a)

Revision of structure

(1)

In general

Section 10301 of title 10, United States Code, is amended to read as follows:

10301.

Reserve Forces Policy Board

(a)

In general

As provided in section 175 of this title, there is in the Office of the Secretary of Defense a board known as the Reserve Forces Policy Board (in this section referred to as the Board).

(b)

Functions

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.

(c)

Membership

The Board consists of 20 members, appointed or designated as follows:

(1)

A civilian appointed by the Secretary of Defense from among persons determined by the Secretary to have the knowledge of, and experience in, policy matters relevant to national security and reserve component matters necessary to carry out the duties of chair of the Board, who shall serve as chair of the Board.

(2)

Two active or retired reserve officers or enlisted members designated by the Secretary of Defense upon the recommendation of the Secretary of the Army—

(A)

one of whom shall be a member of the Army National Guard of the United States or a former member of the Army National Guard of the United States in the Retired Reserve; and

(B)

one of whom shall be a member or retired member of the Army Reserve.

(3)

Two active or retired reserve officers or enlisted members designated by the Secretary of Defense upon the recommendation of the Secretary of the Navy—

(A)

one of whom shall be an active or retired officer of the Navy Reserve; and

(B)

one of whom shall be an active or retired officer of the Marine Corps Reserve.

(4)

Two active or retired reserve officers or enlisted members designated by the Secretary of Defense upon the recommendation of the Secretary of the Air Force—

(A)

one of whom shall be a member of the Air National Guard of the United States or a former member of the Air National Guard of the United States in the Retired Reserve; and

(B)

one of whom shall be a member or retired member of the Air Force Reserve.

(5)

One active or retired reserve officer or enlisted member of the Coast Guard designated by the Secretary of Homeland Security.

(6)

Ten persons appointed or designated by the Secretary of Defense, each of whom shall be a United States citizen having 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 of the armed forces on active duty, or an officer of a reserve component of the armed forces in an active status, who—

(i)

is serving or has served in a senior position on the Joint Staff, the headquarters staff of a combatant command, or the headquarters staff of an armed force; and

(ii)

has experience in joint professional military education, joint qualification, and joint operations matters.

(7)

A reserve officer of the Army, Navy, Air Force, or Marine Corps who is a general or flag officer recommended by the chair and designated by the Secretary of Defense, who shall serve without vote—

(A)

as military adviser to the chair;

(B)

as military executive officer of the Board; and

(C)

as supervisor of the operations and staff of the Board.

(8)

A senior enlisted member of a reserve component recommended by the chair and designated by the Secretary of Defense, who shall serve without vote as enlisted military adviser to the chair.

(d)

Matters To Be acted on

The Board may act on those matters referred to it by the chair and on any matter raised by a member of the Board or the Secretary of Defense.

(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 officer of the Board 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.

.

(2)

Effective date

The amendment made by paragraph (1) shall take effect on July 1, 2011.

(b)

Revision to annual report requirement

Section 113(c)(2) of title 10, United States Code, is amended by striking the reserve programs of the Department of Defense and on any other matters and inserting on any reserve component matter.

515.

Repeal of requirement for new oath when officer transfers from active-duty list to reserve active-status list

Section 12201(a)(2) of title 10, United States Code, is amended by striking An officer transferred from the active-duty list of an armed force to a reserve active-status list of an armed force under section 647 of this title and inserting If an officer is transferred from the active-duty list of an armed force to a reserve active-status list of an armed force in accordance with regulations prescribed by the Secretary of Defense, the officer.

516.

Leave of members of the reserve components of the Armed Forces

(a)

Carryover of accumulated leave to succeeding period of active service

Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection:

(k)

A member of a reserve component who accumulates leave during a period of active service may carry over any leave so accumulated to the member’s next period of active service, subject to the accumulation limits in subsections (b), (d), and (f), without regard to separation or release from active service if the separation or release is under honorable conditions. The taking of leave carried over under this subsection shall be subject to the provisions of this section.

.

(b)

Payment for unused accrued leave

Section 501(a) of title 37, United States Code, is amended—

(1)

in paragraph (2), by striking and at the end;

(2)

in paragraph (3), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following new paragraphs:

(4)

in the case of an officer or an enlisted member of a reserve component who is not serving on active duty, separation or release from the reserve component under honorable conditions, or death; and

(5)

in the case of an enlisted member of a reserve a component who is not serving on active duty, termination of enlistment in conjunction with the commencement of a successive enlistment, or appointment as an officer.

.

517.

Direct appointment of graduates of the United States Merchant Marine Academy into the National Guard

Section 305(a)(5) of title 32, United States Code, is amended by striking or the United States Coast Guard Academy and inserting the United States Coast Guard Academy, or the United States Merchant Marine Academy.

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.

Modification of promotion board procedures 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 on, or has served on, the Joint Staff; or

(B)

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 in subsections (b)(5) and (c) by striking in joint duty assignments of officers who are serving, or have served, in such assignments and inserting of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers.

(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.

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, 2011.

(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, 2011. 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.

Non-chargeable rest and recuperation absence for certain members undergoing extended deployment to a combat zone

(a)

In general

Chapter 40 of title 10, United States Code, is amended by inserting after section 705 the following new section:

705a.

Rest and recuperation absence: certain members undergoing extended deployment to a combat zone

(a)

Rest and recuperation authorized

Under regulations prescribed by the Secretary of Defense, the Secretary concerned may provide a member of the armed forces described in subsection (b) the benefits described in subsection (c).

(b)

Covered members

A member of the armed forces described in this subsection is any member who—

(1)

is assigned or deployed for at least 270 days in an area or location—

(A)

that is designated by the President as a combat zone; and

(B)

in which hardship duty pay is authorized to be paid under section 305 of title 37; and

(2)

meets such other criteria as the Secretary of Defense may prescribe in the regulations required by subsection (a).

(c)

Benefits

The benefits described in this subsection are the following:

(1)

A period of rest and recuperation absence for not more than 15 days.

(2)

Round-trip transportation at Government expense from the area or location in which the member is serving in connection with the exercise of the period of rest and recuperation.

(d)

Construction with other leave

Any benefits provided a member under this section are in addition to any other leave or absence to which the member may be entitled.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 705 the following new item:

705a. Rest and recuperation absence: certain members undergoing extended deployment to a combat zone.

.

533.

Correction of military records

(a)

Members eligible to request review of retirement or separation without pay for physical disability

Section 1554(a) of title 10, United States Code, is amended—

(1)

by striking an officer and inserting a member or former member of the uniformed services; and

(2)

by striking his case and inserting the member’s case.

(b)

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.

534.

Disposition of members found to be fit for duty who are not suitable for deployment or worldwide assignment for medical reasons

(a)

Disposition

(1)

In general

Chapter 61 of title 10, United States Code, is amended by inserting after section 1214 the following new section:

1214a.

Members determined fit for duty in Physical Evaluation Board evaluation: prohibition on involuntary administrative separation due to unsuitability based on medical conditions considered in evaluation

(a)

Disposition

Except as provided in subsection (c), the Secretary of the military department concerned may not authorize the involuntary administrative separation of a member described in subsection (b) based on a determination that the member is unsuitable for deployment or worldwide assignment based on the same medical condition of the member considered by a Physical Evaluation Board during the evaluation of the member.

(b)

Covered members

A member covered by subsection (a) is any member of the armed forces who has been determined by a Physical Evaluation Board pursuant to a physical evaluation by the board to be fit for duty.

(c)

Reevaluation

(1)

The Secretary of the military department concerned may direct the Physical Evaluation Board to reevaluate any member described in subsection (b) if the Secretary has reason to believe that a medical condition of the member considered by the Physical Evaluation Board during the evaluation of the member described in that subsection renders the member unsuitable for continued military service based on the medical condition.

(2)

A member determined pursuant to reevaluation under paragraph (1) to be unfit to perform the duties of the member's office, grade, rank, or rating may be retired or separated for physical disability under this chapter.

(3)

The Secretary of Defense shall be the final approval authority for any case determined by the Secretary of a military department to warrant administrative separation based on a determination that the member is unsuitable for continued service due to the same medical condition of the member considered by a Physical Evaluation Board that found the member fit for duty.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 61 of such title is amended by inserting after the item relating to section 1214 the following new item:

1214a. Members determined fit for duty in Physical Evaluation Board evaluation: prohibition on involuntary administrative separation due to unsuitability based on medical conditions considered in evaluation.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to members evaluated for fitness for duty by Physical Evaluation Boards on or after that date.

535.

Review of laws, policies, and regulations restricting service of female members of the Armed Forces

(a)

Review required

The Secretary of Defense, in coordination with the Secretaries of the military departments, shall conduct a review of laws, policies, and regulations, including the collocation policy, that may restrict the service of female members of the Armed Forces to determine whether changes in such laws, policies, and regulations are needed to ensure that female members have an equitable opportunity to compete and excel in the Armed Forces.

(b)

Submission of results

Not later than April 15, 2011, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the review.

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 judge detailed to a court-martial, a court of inquiry, the United States Court of Appeals for the Armed Forces, a military Court of Criminal Appeals, a provost court, or a military commission may punish for contempt any person who—

(1)

uses any menacing word, sign, or gesture in the presence of the 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 the lawful writ, process, order, rule, decree, or command of the court-martial, court, or military commission.

(b)

Punishment

The punishment for contempt under subsection (a) may not exceed confinement for 30 days, a fine of $1,000, or both.

(c)

Inapplicability to military commissions under chapter 47A

This section does not apply to a military commission established under chapter 47A of this title.

.

(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.

Improvements to Department of Defense domestic violence programs

(a)

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 domestic violence incidents, and any consequent disciplinary action, 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, including budgeting, communication initiatives, and policy compliance.

(b)

Implementation report

The Secretary of Defense shall submit to the congressional defense committees an implementation report within 90 days of the completion of actions outlined in subsection (a).

F

Member Education and Training Opportunities and Administration

551.

Enhancements of Department of Defense undergraduate nurse training program

(a)

Clarification of degree covered by program

Subsection (a) of section 2016 of title 10, United States Code, is amended by striking a nursing degree and inserting a bachelor of science degree in nursing.

(b)

Graduation rates of training programs

Subsection (b) of such section is amended by inserting in nursing after bachelor of science degree.

(c)

Location of programs

Subsection (d) of such section is amended to read as follows:

(d)

Location of programs

(1)

An academic institution selected to operate an undergraduate nurse training program shall establish the program at or near a military installation that has a military treatment facility designated as a medical center with inpatient capability and multiple graduate medical education programs located on the installation or within reasonable proximity to the installation.

(2)

Before approving a location as the site of an undergraduate nurse training program, the Secretary of Defense shall conduct an assessment to ensure that the establishment of the program at that location will not adversely impact or displace existing nurse training programs, either conducted by the Department of Defense or by a civilian entity, at the location.

.

(d)

Pilot program

(1)

Implementation

Paragraph (2) of section 525(d) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2287; 10 U.S.C. 2016 note) is amended by striking July 1, 2011 and inserting December 31, 2011.

(2)

Graduation rates

Paragraph (3) of such section is amended—

(A)

by striking the The pilot program shall achieve and inserting The goal of the pilot program is to achieve; and

(B)

by striking nurse training program and inserting nurse training programs.

552.

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.

.

553.

Participation of Armed Forces Health Professions Scholarship and Financial Assistance Program recipients 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 is required to complete the normal length of the course of study required for the health profession concerned.

.

554.

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

(a)

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 a program under section 2121 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in such program.

.

(b)

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 a program under section 2121 of this title, the midshipman will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in such program.

.

(c)

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 a program under section 2121 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in such program.

.

G

Defense Dependents’ Education

561.

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)

Under the circumstances described in subparagraph (B), the Secretary may, at the discretion of the Secretary, permit a dependent of a member of the armed forces 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)—

(I)

because of the unavailability of adequate permanent living quarters on the military installation to which the member is assigned; or

(II)

while the member is wounded, ill, or injured; and

(ii)

the Secretary determines that the circumstances of such living arrangements justify extending the enrollment authority to include the dependents.

.

562.

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, $30,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 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, $10,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(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)).

563.

Impact aid for children with severe disabilities

Of the amount authorized to be appropriated for fiscal year 2011 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

H

Decorations and Awards

571.

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.

572.

Authorization and request for award of Distinguished-Service Cross to Shinyei Matayoshi for acts of valor during World War II

(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 that title to Shinyei Matayoshi for the acts of valor referred to in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of Tech Sergeant Shinyei Matayoshi on April 7, 1945, as a member of Company G, 2d Battalion, 442d Regimental Combat Team during World War II.

573.

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, attached to the 173d Airborne Brigade during an engagement with a regimental-size enemy force in Bin Dinh Province, South Vietnam.

574.

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 of Defense 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 of Defense 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 of Defense 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 of Defense 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 remaining 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 of Defense 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 of Defense may provide for reimbursement of incidental expenses incurred by a person providing voluntary services under this subsection. The Secretary of Defense 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.

I

Military Family Readiness Matters

581.

Appointment of additional members 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)

Inclusion of Director of Office of Community Support for Military Families With Special Needs

Subsection (b)(1) of such section is further amended by adding at the end the following new subparagraph:

(G)

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

.

(c)

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.

.

(d)

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.

Enhancement of community support for military families with special needs

(a)

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.

.

(b)

Additional responsibility for Office

Subsection (d) of such section is amended—

(1)

by redesignating paragraph (7) as paragraph (8); and

(2)

by inserting after paragraph (6) the following new paragraph (7):

(7)

To conduct periodic reviews of best practices in the United States in the provision of medical and educational services for children with special needs.

.

(c)

Enhancement of support

Section 563 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2304) is amended—

(1)

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

(2)

by inserting after subsection (b) the following new subsections:

(c)

Military department support for local centers to assist military children with special needs

The Secretary of a military department may establish or support centers on or in the vicinity of military installations under the jurisdiction of such Secretary to coordinate and provide medical and educational services for children with special needs of members of the Armed Forces who are assigned to such installations.

(d)

Advisory panel on community support for military families with special needs

(1)

Establishment

Not later than 90 days after the date of the enactment of this subsection, the Secretary of Defense shall establish an advisory panel on community support for military families with special needs.

(2)

Members

The advisory panel shall consist of seven individuals who are a member of a military family with special needs. The Secretary of Defense shall appoint the members of the advisory panel.

(3)

Duties

The advisory panel shall—

(A)

provide informed advice to the Director of the Office of Community Support for Military Families With Special Needs on the implementation of the policy required by subsection (e) of section 1781c of title 10, United States Code, and on the discharge of the programs required by subsection (f) of such section;

(B)

assess and provide information to the Director on services and support for children with special needs that is available from other departments and agencies of the Federal Government and from State and local governments; and

(C)

otherwise advise and assist the Director in the discharge of the duties of the Office of Community Support for Military Families With Special Needs in such manner as the Secretary of Defense and the Director jointly determine appropriate.

(4)

Meetings

The Director shall meet with the advisory panel at such times, and with such frequency, as the Director considers appropriate. The Director shall meet with the panel at least once each year. The Director may meet with the panel through teleconferencing or by other electronic means.

.

583.

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 111–84; 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.

.

584.

Expansion and continuation of Joint Family Support Assistance Program

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 amended—

(1)

in subsection (b)—

(A)

by striking not more than and inserting not less than; and

(B)

by striking Up to and inserting At least; and

(2)

in subsection (h), by striking at the end of the three-year period beginning on the date on which funds are first obligated for the program and inserting on December 31, 2012.

585.

Report on military spouse education programs

(a)

Review required

The Secretary of Defense shall carry out a review of all education programs of the Department of Defense and Department of Veterans Affairs 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 education programs of the Department of Defense and Department of Veterans Affairs that are in place to advance educational opportunities for military spouses.

(2)

The efficacy and effectiveness of such education programs.

(3)

The extent to which the availability of educational opportunities for military spouses influences the decisions of members to remain in the Armed Forces.

(4)

A comparison of the costs associated with providing military spouse education opportunities as an incentive 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 military spouse education programs.

(d)

Consultation

In conducting the review and preparing the report, the Secretary of Defense shall consult with the Secretary of Veterans Affairs regarding education programs of Department of Veterans Affairs assisting spouses of members of the Armed Forces.

586.

Report on enhancing benefits available for military dependent children with special education needs

(a)

Report required

Not later than September 30, 2011, the Secretary of the Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the needs of military families with children with special education needs and evaluating options to enhance the benefits available to such families and children under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) in meeting such needs.

(b)

Consultation

The Secretary of Defense shall prepare the report in consultation with the Secretary of Education.

(c)

Elements

In preparing the report, the Secretary of Defense shall—

(1)

identify and assess obstacles faced by military families with children with special education needs in obtaining a free appropriate public education to address such needs;

(2)

identify and assess evidence-based research and best practices for providing special education and related services (as those terms are defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)) for military children with special education needs;

(3)

assess timeliness in obtaining special education and related services described in paragraph (2);

(4)

determine and document the cost associated with obtaining special education and related services described in paragraph (2);

(5)

assess the feasibility of establishing an individualized education program for military children with special education needs that is applicable across jurisdictions of local educational agencies in order to achieve reciprocity among States in acknowledging such programs;

(6)

identify means of improving oversight and compliance with the requirements of section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414) relating to a local educational agency supporting an existing individualized education program for a child with special education needs who is relocating to another State pursuant to the permanent change of station of a military parent until an individualized education program is developed and approved for such child in the State to which the child relocates;

(7)

assess the feasibility of establishing an expedited process for resolution of complaints by military parents with a child with special education needs about lack of access to education and related services otherwise specified in the individualized education program of the child;

(8)

assess the feasibility of permitting the Department of Defense to contact the State to which a military family with a child with special education needs will relocate pursuant to a permanent change of station when the orders for such change of station are issued, but before the family takes residence in such State, for the purpose of commencing preparation for education and related services specified in the individualized education program of the child;

(9)

assess the feasibility of establishing a system within the Department of Defense to document complaints by military parents regarding access to free and appropriate public education for their children with special education needs;

(10)

identify means to strengthen the monitoring and oversight of special education and related services for military children with special education needs under the Interstate Compact on Educational Opportunities for Military Children; and

(11)

consider such other matters as the Secretary of Defense and the Secretary of Education jointly consider appropriate.

587.

Reports on child development centers and financial assistance for child care for members of the Armed Forces

(a)

Reports required

Not later than six months after the date of the enactment of this Act, and every two years thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on Department of Defense child development centers and financial assistance for child care provided by the Department of Defense off-installation to members of the Armed Forces.

(b)

Elements

Each report required by subsection (a) shall include the following, current as of the date of such report:

(1)

The number of child development centers currently located on military installations.

(2)

The number of dependents of members of the Armed Forces utilizing such child development centers.

(3)

The number of dependents of members of the Armed Forces that are unable to utilize such child development centers due to capacity limitations.

(4)

The types of financial assistance available for child care provided by the Department of Defense off-installation to members of the Armed Forces (including eligible members of the reserve components).

(5)

The extent to which members of the Armed Forces are utilizing such financial assistance for child care off-installation.

(6)

The methods by which the Department of Defense reaches out to eligible military families to increase awareness of the availability of such financial assistance.

(7)

The formulas used to calculate the amount of such financial assistance provided to members of the Armed Forces.

(8)

The funding available for such financial assistance in the Department of Defense and in the military departments.

(9)

The barriers to access, if any, to such financial assistance faced by members of the Armed Forces, including whether standards and criteria of the Department of Defense for child care off-installation may affect access to child care.

(10)

Any other matters the Secretary considers appropriate in connection with such report, including with respect to the enhancement of access to Department of Defense child care development centers and financial assistance for child care off-installation for members of the Armed Forces.

J

Other Matters

591.

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

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 (b).

(B)

A civilian employee of the Department of Defense or Coast Guard described in subsection (c).

(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—

(A)

apply uniformly to all elements of the Department of Defense and, to the maximum extent feasible, to the Coast Guard; and

(B)

require review and approval by a designated agency ethics official before acceptance of a gift to ensure that acceptance of the gift complies with the Joint Ethics Regulation.

(b)

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; or

(2)

under other circumstances determined by the Secretary concerned to warrant treatment analogous to members covered by paragraph (1).

(c)

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) or (2) of subsection (c).

(d)

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.

.

(b)

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.

.

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.

Updated terminology for 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.

595.

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.

596.

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.

VI

Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. 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.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Extension of authority to provide travel and transportation allowances for inactive duty training outside of normal commuting distances.

Sec. 622. Travel and transportation allowances for attendance at Yellow Ribbon Reintegration events.

Subtitle D—Disability, Retired Pay and Survivor Benefits

Sec. 631. Elimination of cap on retired pay multiplier for members with greater than 30 years of service who retire for disability.

Sec. 632. Payment date for retired and retainer pay.

Sec. 633. 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. 634. Conformity of special compensation for members with injuries or illnesses requiring assistance in everyday living with monthly personal caregiver stipend under Department of Veterans Affairs program of comprehensive assistance for family caregivers.

Sec. 635. 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. 641. 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. 642. Feasibility study on establishment of full exchange store in the Northern Mariana Islands.

Sec. 643. Continuation of commissary and exchange operations at Brunswick Naval Air Station, Maine.

Subtitle F—Other Matters

Sec. 651. Report on basic allowance for housing for personnel assigned to sea duty.

Sec. 652. Report on savings from enhanced management of special pay for aviation career officers extending period of active duty.

A

Pay and Allowances

601.

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 civilian employee of the Federal Government who is also a member of a reserve component is not entitled to a payment under this section for any period for which the employee is 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(h), relating to hazardous duty pay.

(7)

Section 352(g), relating to assignment pay or special duty pay.

(8)

Section 353(i), relating to skill incentive pay or proficiency bonus.

(9)

Section 355(h), 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 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.

C

Travel and Transportation Allowances

621.

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.

622.

Travel and transportation allowances for attendance 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 members and other persons at Yellow Ribbon Reintegration Program events

(a)

Allowances authorized

(1)

Under uniform regulations prescribed by the Secretaries concerned, a member of the uniformed services authorized to attend a Yellow Ribbon Reintegration Program event may be provided travel and transportation allowances in order that the member may attend a Yellow Ribbon Reintegration Program event.

(2)

Under uniform regulations prescribed by the Secretaries concerned, travel and transportation allowances may be provided for a person designated pursuant to subsection (b) in order for the person to accompany a member in attending a Yellow Ribbon Reintegration Program event if the Secretary concerned determines that the presence of the person at the event may contribute to the purposes of the event for the member.

(b)

Designation of persons eligible for allowance

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 allowances described in subsection (c) to attend a Yellow Ribbon Reintegration Program event. The designation of a person for purposes of this section shall be made in writing and may be changed at any time.

(c)

Authorized travel and transportation

(1)

The transportation authorized by subsection (a) is round-trip transportation between the home or place of business of the authorized person and the location of the Yellow Ribbon Reintegration Program event.

(2)

In addition to transportation under paragraph (1), 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 paragraph (1) 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.

(d)

Yellow Ribbon Reintegration Program event defined

In this section, the term Yellow Ribbon Reintegration Program event means an event authorized under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note).

.

(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 members and other persons at Yellow Ribbon Reintegration Program 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.

D

Disability, Retired Pay and Survivor Benefits

631.

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.

632.

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.

633.

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.

.

634.

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

Subsection (c) of section 439 of title 37, United States Code, is amended to read as follows:

(c)

Amount

The amount of monthly special compensation payable to a member under subsection (a) shall be the amount as follows:

(1)

The monthly amount of aid and attendance payable under section 1114(r)(2) of title 38.

(2)

Upon the establishment by the Secretary of Veterans Affairs pursuant to subparagraph (C) of section 1720G(a)(3) of title 38 of the schedule of monthly personal caregiver stipends under the Department of Veterans Affairs program of comprehensive assistance for family caregivers under subparagraph (A)(ii)(V) of such section, the monthly personal caregiver stipend payable with respect to similarly circumstanced veterans under such schedule, rather than the amount specified in paragraph (1).

.

635.

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 by the Department of Defense to implement the congressional intent outlined in paragraph (1).

E

Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

641.

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.

.

642.

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

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 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.

643.

Continuation of commissary and exchange operations at Brunswick Naval Air Station, Maine

(a)

Continuation of operations

The Secretary of Defense shall provide for the continuation of commissary and exchange operations at Brunswick Naval Air Station, Maine, until the later of the following:

(1)

The closure of Brunswick Naval Air Station.

(2)

The end of the 60-day period beginning on the date on which the Secretary of Defense makes the determination under subsection (b).

(b)

Review and determination

Not earlier than 120 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1)

review any report prepared by the Comptroller General of the United States relating to commissary and exchange operations at Brunswick Naval Air Station, Maine; and

(2)

based on such review, make a determination regarding whether such operations should be continued.

F

Other Matters

651.

Report on basic allowance for housing for personnel assigned to sea duty

(a)

Report required

Not later than July 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report containing the following:

(1)

A review of the standards used to determine the monthly rates of basic allowance for housing for personnel assigned to sea duty (under section 403 of title 37, United States Code).

(2)

A review of the legislative framework and policies applicable to eligibility and levels of compensation for single and married personnel, with and without dependents, who are assigned to sea duty.

(3)

Any recommendation for modifications of title 37, United States Code, relating to basic allowance for housing for personnel who are assigned to sea duty that the Secretary considers appropriate, including an estimate of the cost of each modification.

(b)

Elements of reviews

In conducting the reviews for purposes of subsection (a), the Secretary shall consider whether existing law, policies, and housing standards are suitable in terms of the following:

(1)

The cost and availability of housing ashore for personnel assigned to sea duty.

(2)

The pay and allowances (other than basic allowance for housing) payable to personnel who are assigned to sea duty, including basic pay, career sea pay, and the family separation allowance.

(3)

The comparability in levels of compensation for single and married personnel, with and without dependents, who are assigned to sea duty.

(4)

The provision of appropriate quality of life and retention incentives for members in all grades who are assigned to sea duty.

(5)

The provision of appropriate recognition and motivation for promotion to higher military grades of personnel who are assigned to sea duty.

(6)

Budgetary constraints and rising personnel costs.

652.

Report on savings from enhanced management of special pay for aviation career officers extending period of active duty

(a)

Report required

Not later than August 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report regarding the use and management of the special pay programs authorized in section 301b of title 37, United States Code, for aviation career officers extending a period of active duty.

(b)

Elements of report

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

(1)

A review of the programs operated by the Secretaries of the military departments, including—

(A)

directives and guidelines issued by the Secretary of Defense;

(B)

the number of aviation officers receiving the special pay, listed by weapon system;

(C)

the weapon systems for which special pay is not authorized and the number of aviation officers affected by such exclusion;

(D)

the policy and structure of the programs and the retention philosophy supporting the policy and structure of the programs;

(E)

the amounts paid to individual aviation officers, annually and over the course of a career; and

(F)

the amounts budgeted annually for such programs.

(2)

An accounting of aviation officers receiving the special pay who have an active duty service commitment and the totals of aviation officers and allocated funding by types of active duty service commitment.

(3)

A review of retention trends for aviation officers, generally and by weapon system, within the military departments and an assessment of the factors that influence retention trends, and the reliability and durability of those trends if such factors are altered.

(4)

An assessment of the funds that can be saved by restructuring or eliminating such programs to reduce payments to aviation officers associated with those weapon systems with strong retention trends and aviation officers with active duty service commitments.

(5)

A review of the demand for former military aviation officers to fulfill commercial airline hiring requirements, recent data regarding airline hiring of former military aviation officers, and an assessment of the methods used by airlines to qualify pilot candidates for employment as commercial pilots.

(6)

Any recommendations for modifications of title 37, United States Code, relating to special pay for aviation career officers extending a period of active duty.

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 the TRICARE program.

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.

Subtitle B—Health Care Administration

Sec. 711. Administration of TRICARE.

Sec. 712. Postdeployment health reassessments for purposes of the medical tracking system for members of the Armed Forces deployed overseas.

Sec. 713. Clarification of licensure requirements applicable to military health-care professionals who are members of the National Guard performing certain duty while in State status.

Sec. 714. Improvements to oversight of medical training for Medical Corps officers.

Sec. 715. Health information technology.

Sec. 716. Education and training on use of pharmaceuticals in rehabilitation programs for wounded warriors.

Subtitle C—Other Matters

Sec. 721. Repeal of report requirement on separations resulting from refusal to participate in anthrax vaccine immunization program.

Sec. 722. Comprehensive policy on consistent neurological cognitive assessments of members of the Armed Forces before and after deployment.

Sec. 723. Assessment of post-traumatic stress disorder by military occupation.

Sec. 724. Licensed mental health counselors and the TRICARE program.

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 the TRICARE program

(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 coverage under the TRICARE program.

(b)

Individual described

An individual described in this subsection is an individual who—

(1)

would be a dependent under section 1072(2) of this title but for exceeding an age limit under such section;

(2)

has not attained the age of 26;

(3)

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);

(4)

is not otherwise a dependent of a member or a former member under any subparagraph of section 1072(2) of this title; and

(5)

meets other criteria specified in regulations prescribed by the Secretary, similar to regulations prescribed by the Secretary of Health and Human Services under section 2714(b) of the Public Health Service Act.

(c)

Premium

(1)

The Secretary shall prescribe by regulation a premium (or premiums) for coverage under the TRICARE program 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 coverage under the TRICARE program pursuant to this section shall be the amount equal to the cost of such 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 subsection 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.

.

(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)

Effective date and regulations

The amendments made by this section shall take effect on January 1, 2011. The Secretary of Defense shall prescribe an interim final rule with respect to such amendments, effective not later than January 1, 2011.

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)

Tinnitus screening

(1)

Study required

Not later than September 30, 2011, the Secretary of Defense shall conduct a study to identify the best tests currently available to screen members of the Armed Forces for tinnitus.

(2)

Plan

Not later than December 31, 2011, the Secretary shall develop a plan to ensure that all members of the Armed Forces are screened for tinnitus prior to and after a deployment to a combat zone.

(3)

Report

Not later than December 31, 2011, the Secretary shall submit to the congressional defense committees a report containing the results of the study under paragraph (1) and the plan under paragraph (2).

(b)

Improving aural protection for members of the Armed Forces

(1)

In general

In accordance with section 721 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4506), the Secretary of Defense shall examine methods to improve the aural protection for members of the Armed Forces in combat.

(2)

Report

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the methods to improve aural protection examined under subsection (a).

(c)

Center of Excellence

The Secretary shall ensure that all studies, findings, plans, and reports conducted or submitted under this section are transmitted to the center of excellence established by section 721 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4506).

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.

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 responsibility for administering the TRICARE program and making any decision affecting such program.

.

712.

Postdeployment health reassessments for purposes of the medical tracking system for members of the Armed Forces deployed overseas

(a)

Requirement for postdeployment health reassessments

Paragraph (1) of subsection (b) of section 1074f of title 10, United States Code, is amended to read as follows:

(1)
(A)

The system described in subsection (a) shall include the use of predeployment medical examinations and postdeployment medical examinations (including the assessment of mental health and the drawing of blood samples) and postdeployment health reassessments to—

(i)

accurately record the health status of members before their deployment;

(ii)

accurately record any changes in their health status during the course of their deployment; and

(iii)

identify health concerns, including mental health concerns, that may become manifest several months following their deployment.

(B)

The postdeployment medical examination shall be conducted when the member is redeployed or otherwise leaves an area in which the system is in operation (or as soon as possible thereafter).

(C)

The postdeployment health reassessment shall be conducted at an appropriate time during the period beginning 90 days after the member is redeployed and ending 180 days after the member is redeployed.

.

(b)

Incorporation in reassessments of elements of predeployment and postdeployment medical examinations

Paragraph (2) of such subsection is amended by striking and postdeployment medical examination and inserting medical examination, postdeployment medical examination, and postdeployment health reassessment.

(c)

Recordkeeping

Subsection (c) of such section is amended—

(1)

by inserting and reassessments after medical examinations; and

(2)

by inserting and the prescription and administration of psychotropic medications after including immunizations.

(d)

Quality assurance

Subsection (d) of such section is amended—

(1)

in paragraph (1), by striking and postdeployment medical examinations and inserting , postdeployment medical examinations, and postdeployment health reassessments; and

(2)

in paragraph (2)—

(A)

in subparagraph (A), by inserting and reassessments after postdeployment health assessments; and

(B)

in subparagraph (B), by inserting and reassessments after such assessments.

713.

Clarification of licensure requirements applicable to military health-care professionals who are members of the National Guard performing certain duty while in State 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 section 502(f) of title 32 in response to an actual or potential disaster.

.

714.

Improvements to oversight of medical training for Medical Corps officers

(a)

Review of training programs for medical officers

(1)

Review

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:

(A)

Programs at the Uniformed Services University of the Health Sciences that award a medical doctor degree.

(B)

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—

(i)

anesthesiology;

(ii)

emergency medicine;

(iii)

family medicine;

(iv)

general surgery;

(v)

neurology;

(vi)

obstetrics/gynecology;

(vii)

pathology;

(viii)

pediatrics; and

(ix)

psychiatry.

(2)

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 paragraph (1).

(b)

Annual report on graduate medical education programs

(1)

Annual report

Not later than April 1, 2011, and annually thereafter through 2015, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the graduate medical education programs of the Department of Defense.

(2)

Elements

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

(A)

An identification of each graduate medical education program of the Department of Defense in effect during the previous fiscal year, including for each such program, the military department responsible, the location, the medical specialty, the period of training required, and the number of students by year.

(B)

The status of each program referred to in subparagraph (A), including, for each such program, an identification of the fiscal year in which the last action was taken with respect to each of the following:

(i)

Initial accreditation.

(ii)

Continued accreditation.

(iii)

If applicable, probation, and the reasons for probationary status.

(iv)

If applicable, withheld or withdrawn accreditation, and the reasons for such action.

(C)

A discussion of trends in the graduate medical education programs of the Department.

(D)

A discussion of challenges faced by such programs, and a description and assessment of strategies and plans to address such challenges.

(E)

Such other matters as the Secretary considers appropriate.

715.

Health information technology

(a)

Enterprise risk assessment methodology study

(1)

Study required

The Secretary of Defense shall conduct an enterprise risk assessment methodology study of all health information technology programs of the Department of Defense.

(2)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the results of the study required under paragraph (1).

(b)

Report on health information technology organizational structure and future plans

(1)

Report Required

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 on the organizational structure for health information technology within the Department of Defense.

(2)

Elements

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

(A)

Organizational charts for all organizations involved with health information technology showing, at a minimum, the senior positions in each office and each activity.

(B)

A description of the functions and responsibilities, to include policy formulation, policy and program execution, and program oversight, of each senior position for health information technology.

(C)

An assessment of how well the health information systems of the Department of Defense interact with the health information systems of—

(i)

the Department of Veterans Affairs; and

(ii)

entities other than the Federal Government.

(D)

A description of the role played by the Interagency Program Office established by section 1635 of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note) and whether the office is satisfactorily performing the functions required by such section, as well as recommendations for administrative or legislative action as the Secretary considers appropriate.

(E)

A complete description of all future plans for legacy systems and new electronic health record initiatives, including the joint virtual lifetime electronic record.

(F)

The results of the survey described in paragraph (3).

(3)

Survey

The Secretary shall conduct a survey of users of the health information technology systems of the Department of Defense to assess the benefits and failings of such systems.

(4)

Definitions

In this subsection:

(A)

The term senior position means a position filled by a member of the senior executive service, a position on the Executive Schedule established pursuant to title 5, United States Code, or a position filled by a general or flag officer.

(B)

The term senior personnel means personnel who are members of the senior executive service, who fill a position listed on the Executive Schedule established pursuant to title 5, United States Code, or who are general or flag officers.

(c)

Report on GAO report required

Not later than March 31, 2011, the Secretary of Defense shall submit to the congressional defense committees a report on the report by the Comptroller General of the United States titled Information Technology: Opportunities Exist to Improve Management of DOD’s Electronic Health Record Initiative (GAO-11-50), including—

(1)

the status of implementing the recommendations made in such report; and

(2)

for each such recommendation that has not been implemented, the reason why the recommendation has not been implemented.

716.

Education and training on use of pharmaceuticals in rehabilitation programs for wounded warriors

(a)

Education and training required

The Secretary of Defense shall develop and implement training, available through the Internet or other means, on the use of pharmaceuticals in rehabilitation programs for seriously ill or injured members of the Armed Forces.

(b)

Recipients of training

The training developed and implemented under subsection (a) shall be training for each category of individuals as follows:

(1)

Patients in or transitioning to a wounded warrior unit, with special accommodation in such training for such patients with cognitive disabilities.

(2)

Nonmedical case managers.

(3)

Military leaders.

(4)

Family members.

(c)

Elements of training

The training developed and implemented under subsection (a) shall include the following:

(1)

An overview of the fundamentals of safe prescription drug use.

(2)

Familiarization with the benefits and risks of using pharmaceuticals in rehabilitation therapies.

(3)

Examples of the use of pharmaceuticals for individuals with multiple, complex injuries, including traumatic brain injury and post-traumatic stress disorder.

(4)

Familiarization with means of finding additional resources for information on pharmaceuticals.

(5)

Familiarization with basic elements of pain and pharmaceutical management.

(6)

Familiarization with complementary and alternative therapies.

(d)

Tailoring of training

The training developed and implemented under subsection (a) shall appropriately tailor the elements specified in subsection (c) for and among each category of individuals set forth in subsection (b).

(e)

Review of pharmacy

(1)

Review

The Secretary shall review all policies and procedures of the Department of Defense regarding the use of pharmaceuticals in rehabilitation programs for seriously ill or injured members of the Armed Forces.

(2)

Recommendations

Not later than September 20, 2011, the Secretary shall submit to the congressional defense committees any recommendations for administrative or legislative action with respect to the review under paragraph (1) as the Secretary considers appropriate.

C

Other Matters

721.

Repeal of report requirement on separations resulting from refusal to participate in anthrax vaccine immunization program

Section 1178 of title 10, United States Code, is amended—

(1)

by striking (a) Requirement To establish system.—; and

(2)

by striking subsection (b).

722.

Comprehensive policy on consistent neurological cognitive assessments of members of the Armed Forces before and after deployment

(a)

Comprehensive policy required

Not later than January 31, 2011, the Secretary of Defense shall develop and implement a comprehensive policy on consistent neurological cognitive assessments of members of the Armed Forces before and after deployment.

(b)

Updates

The Secretary shall revise the policy required by subsection (a) on a periodic basis in accordance with experience and evolving best practice guidelines.

723.

Assessment of post-traumatic stress disorder by military occupation

(a)

Assessment

The Secretaries of the military departments shall each conduct an assessment of post-traumatic stress disorder incidence by military occupation, including identification of military occupations with a high incidence of such disorder.

(b)

Report

Not later than one year after the date of the enactment of this Act, the Secretaries shall each submit to the congressional defense committees a report on the assessment under subsection (a).

(c)

Centers of Excellence

The Secretary of Defense shall ensure that all studies, findings, plans, and reports conducted or submitted under this section are transmitted to the centers of excellence established by sections 1621 and 1622 of the Wounded Warrior Act (title XVI of Public Law 110–181).

724.

Licensed mental health counselors and the TRICARE program

Not later than June 20, 2011, the Secretary of Defense shall prescribe the regulations required by section 717 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 1073 note).

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 engine development and procurement program as major subprogram.

Sec. 803. Enhancement of Department of Defense authority to respond to combat and safety emergencies through rapid acquisition and deployment of urgently needed supplies.

Sec. 804. Review of acquisition process for rapid fielding of capabilities in response to urgent operational needs.

Sec. 805. Acquisition of major automated information system programs.

Sec. 806. Requirements for information relating to supply chain risk.

Subtitle B—Provisions relating to Major Defense Acquisition Programs

Sec. 811. Cost estimates for program baselines and contract negotiations for major defense acquisition and major automated information system programs.

Sec. 812. Management of manufacturing risk in major defense acquisition programs.

Sec. 813. Modification and extension of requirements of the Weapon System Acquisition Reform Act of 2009.

Sec. 814. Inclusion of major subprograms to major defense acquisition programs under various acquisition-related requirements.

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

Sec. 821. Provisions relating to fire resistant fiber for production of military uniforms.

Sec. 822. Repeal of requirement for certain procurements from firms in the small arms production industrial base.

Sec. 823. Review of regulatory definition relating to production of specialty metals.

Sec. 824. Guidance relating to rights in technical data.

Sec. 825. Extension of sunset date for certain protests of task and delivery order contracts.

Sec. 826. Inclusion of option amounts in limitations on authority of the Department of Defense to carry out certain prototype projects.

Sec. 827. Permanent authority for Defense Acquisition Challenge Program; pilot expansion of Program.

Sec. 828. Energy savings performance contracts.

Sec. 829. Definition of materials critical to national security.

Subtitle D—Contractor Matters

Sec. 831. Oversight and accountability of contractors performing private security functions in areas of combat operations.

Sec. 832. Extension of regulations on contractors performing private security functions to areas of other significant military operations.

Sec. 833. Standards and certification for private security contractors.

Sec. 834. Enhancements of authority of Secretary of Defense to reduce or deny award fees to companies found to jeopardize the health or safety of Government personnel.

Sec. 835. Annual joint report and Comptroller General review on contracting in Iraq and Afghanistan.

Subtitle E—Other Matters

Sec. 841. Improvements to structure and functioning of Joint Requirements Oversight Council.

Sec. 842. Department of Defense policy on acquisition and performance of sustainable products and services.

Sec. 843. Assessment and plan for critical rare earth materials in defense applications.

Sec. 844. Review of national security exception to competition.

Sec. 845. Requirement for entities with facility clearances that are not under foreign ownership control or influence mitigation.

Sec. 846. Procurement of photovoltaic devices.

Sec. 847. Non-availability exception from Buy American requirements for procurement of hand or measuring tools.

Sec. 848. Contractor logistics support of contingency operations.

Subtitle F—Improve Acquisition Act

Sec. 860. Short title.

Part I—Defense Acquisition System

Sec. 861. Improvements to the management of the defense acquisition system.

Sec. 862. Comptroller General report on Joint Capabilities Integration and Development System.

Sec. 863. Requirements for the acquisition of services.

Sec. 864. Review of defense acquisition guidance.

Sec. 865. Requirement to review references to services acquisition throughout the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.

Sec. 866.  Pilot program on acquisition of military purpose nondevelopmental items.

Part II—Defense Acquisition Workforce

Sec. 871. Acquisition workforce excellence.

Sec. 872. Amendments to the acquisition workforce demonstration project.

Sec. 873. Career development for civilian and military personnel in the acquisition workforce.

Sec. 874. Recertification and training requirements.

Sec. 875. Information technology acquisition workforce.

Sec. 876. Definition of acquisition workforce.

Sec. 877. Defense Acquisition University curriculum review.

Part III—Financial Management

Sec. 881. Audit readiness of financial statements of the Department of Defense.

Sec. 882. Review of obligation and expenditure thresholds.

Sec. 883. Disclosure and traceability of the cost of Department of Defense health care contracts.

Part IV—Industrial Base

Sec. 891. Expansion of the industrial base.

Sec. 892. Price trend analysis for supplies and equipment purchased by the Department of Defense.

Sec. 893. Contractor business systems.

Sec. 894. Review and recommendations on eliminating barriers to contracting with the Department of Defense.

Sec. 895. Inclusion of the providers of services and information technology in the national technology and industrial base.

Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy; Industrial Base Fund.

A

Acquisition Policy and Management

801.

Disclosure to litigation support contractors

(a)

In general

Section 2320 of title 10, United States Code, is amended—

(1)

in subsection (c)(2)—

(A)

by striking subsection (a), allowing and inserting

subsection (a)—

(A)

allowing

; and

(B)

by adding at the end the following new subparagraph:

(B)

allowing a covered litigation support contractor access to and use of any technical, proprietary, or confidential data delivered under a contract for the sole purpose of providing litigation support to the Government in the form of administrative, technical, or professional services during or in anticipation of litigation; or

; and

(2)

by inserting after subsection (f) the following:

(g)

In this section, the term covered litigation support contractor means a contractor (including an expert or technical consultant) under contract with the Department of Defense to provide litigation support, which contractor executes a contract with the Government agreeing to and acknowledging—

(1)

that proprietary or nonpublic technical data furnished will be accessed and used only for the purposes stated in that contract;

(2)

that the covered litigation support contractor will take all reasonable steps to protect the proprietary and nonpublic nature of the technical data furnished to the covered litigation support contractor; and

(3)

that such technical data provided to the covered litigation support contractor under the authority of this section shall not be used by the covered litigation support contractor to compete against the third party for Government or non-Government contracts.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date that is 120 days after the date of the enactment of this Act.

802.

Designation of engine development and procurement program as major subprogram

(a)

Designation as major subprogram

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall designate an engine development and procurement program as a major subprogram of the F–35 Lightning II aircraft major defense acquisition program, in accordance with section 2430a of title 10, United States Code.

(b)

Original Baseline

For purposes of reporting requirements referred to in section 2430a(b) of title 10, United States Code, for the major subprogram designated under subsection (a), the Secretary shall use the Milestone B decision as the original baseline for the subprogram.

(c)

Actions following critical cost growth

(1)

In general

Subject to paragraph (2), to the extent that the Secretary elects to restructure the Lightning II aircraft major defense acquisition program subsequent to a reassessment and actions required by subsections (a) and (c) of section 2433a of title 10, United States Code, during fiscal year 2010, and also conducts such reassessment and actions with respect to an F–35 engine development and procurement program (including related reporting based on the original baseline as defined in subsection (c)), the requirements of section 2433a of such title with respect to a major subprogram designated under subsection (a) shall be considered to be met with respect to the major subprogram.

(2)

Limitation

Actions taken in accordance with paragraph (1) shall be considered to meet the requirements of section 2433a of title 10, United States Code, with respect to a major subprogram designated under subsection (a) only to the extent that designation as a major subprogram would require the Secretary of Defense to conduct a reassessment and take actions pursuant to such section 2433a for such a subprogram upon enactment of this Act. The requirements of such section 2433a shall not be considered to be met with respect to such a subprogram in the event that additional programmatic changes, following the date of the enactment of this Act, cause the program acquisition unit cost or procurement unit cost of such a subprogram to increase by a percentage equal to or greater than the critical cost growth threshold (as defined in section 2433(a)(5) of such title) for the subprogram.

803.

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

(a)

Requirement To establish procedures

Subsection (a) of section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended—

(1)

in the matter preceding paragraph (1), by striking items and inserting supplies; and

(2)

by striking paragraph (1) and inserting the following new paragraph (1):

(1)
(A)

currently under development by the Department of Defense or available from the commercial sector; or

(B)

require only minor modifications to supplies described in subparagraph (A); and

.

(b)

Issues To be addressed

Subsection (b) of such section is amended—

(1)

in paragraph (1)(B), by striking items and inserting supplies; and

(2)

in paragraph (2)—

(A)

in the matter preceding subparagraph (A), by striking items and inserting supplies;

(B)

in subparagraphs (A) and (B), by striking an item and inserting the supplies; and

(C)

in subparagraph (C), by inserting and utilization after deployment.

(c)

Response to combat emergencies

Subsection (c) of such section is amended—

(1)

by striking equipment each place it appears other than paragraph (5) and inserting supplies;

(2)

by striking combat capability each place it appears;

(3)

by striking that has resulted in combat fatalities each place it appears and inserting that has resulted in combat casualties, or is likely to result in combat casualties;

(4)

in paragraph (1), by striking is and inserting are;

(5)

in paragraph (2)—

(A)

in subparagraph (A), by striking is each place it appears and inserting are; and

(B)

in subparagraph (B), by striking fatalities at the end and inserting casualties;

(6)

by amending paragraph (3) to read as follows:

(3)

In any fiscal year in which the Secretary makes a determination described in paragraph (1), the Secretary may use any funds available to the Department of Defense for that fiscal year for acquisitions of supplies under this section if the determination includes a written finding that the use of such funds is necessary to address the combat capability deficiency in a timely manner. The authority of this section may not be used to acquire supplies in an amount aggregating more than $200,000,000 during any such fiscal year.

;

(7)

in paragraph (4)—

(A)

by inserting , in consultation with the Director of the Office of Management and Budget, after shall; and

(B)

by striking Each such notice and inserting For each such determination, the notice under the preceding sentence; and

(8)

in paragraph (5), by striking that equipment and inserting the supplies concerned.

(d)

Waiver of certain statues and regulations

Subsection (d)(1) of such section is amended by striking equipment in subparagraphs (A), (B), and (C) and inserting supplies.

(e)

Testing requirement

Subsection (e) of such section is amended—

(1)

in paragraph (1)—

(A)

in the matter preceding subparagraph (A), by striking an item and inserting the supplies; and

(B)

in subparagraph (B), by striking of the item and all that follows through requirements document and inserting of the supplies in meeting the original requirements for the supplies (as stated in a statement of the urgent operational need;

(2)

in paragraph (2)—

(A)

by striking an item and inserting supplies; and

(B)

by striking the item and inserting the supplies; and

(3)

in paragraph (3), by striking items each place it appears and inserting supplies.

(f)

Limitation

Subsection (f) of such section is amended to read as follows:

(f)

Limitation

In the case of supplies that are part of a major system for which a low-rate initial production quantity determination has been made pursuant to section 2400 of title 10, United States Code, the quantity of such supplies acquired using the procedures prescribed pursuant to this section may not exceed an amount consistent with complying with limitations on the quantity of articles approved for low-rate initial production for such system. Any such supplies shall be included in any relevant calculation of quantities for low-rate initial production for the system concerned.

.

804.

Review of acquisition process for rapid fielding of capabilities in response to urgent operational needs

(a)

Review of rapid acquisition process required

(1)

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall complete a review of the process for the fielding of capabilities in response to urgent operational needs and submit a report on the review to the congressional defense committees.

(2)

Review and report requirements

The review pursuant to this section shall include consideration of various improvements to the acquisition process for rapid fielding of capabilities in response to urgent operational needs. For each improvement, the report on the review shall discuss—

(A)

the Department’s review of the improvement;

(B)

if the improvement is being implemented by the Department, a schedule for implementing the improvement; and

(C)

if the improvement is not being implemented by the Department, an explanation of why the improvement is not being implemented.

(3)

Improvements to be considered

The improvements that shall be considered during the review are the following:

(A)

Providing a streamlined, expedited, and tightly integrated iterative approach to—

(i)

the identification and validation of urgent operational needs;

(ii)

the analysis of alternatives and identification of preferred solutions;

(iii)

the development and approval of appropriate requirements and acquisition documents;

(iv)

the identification and minimization of development, integration, and manufacturing risks;

(v)

the consideration of operation and sustainment costs;

(vi)

the allocation of appropriate funding; and

(vii)

the rapid production and delivery of required capabilities.

(B)

Clearly defining the roles and responsibilities of the Office of the Secretary of Defense, the Joint Chiefs of Staff, the military departments, and other components of the Department of Defense for carrying out all phases of the process.

(C)

Designating a senior official within the Office of the Secretary of Defense with primary responsibility for making recommendations to the Secretary on the use of the authority provided by subsections (c) and (d) of section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note), as amended by section 803 of this Act, in appropriate circumstances.

(D)

Establishing a target date for the fielding of a capability pursuant to each validated urgent operational need.

(E)

Implementing a system for—

(i)

documenting key process milestones, such as funding, acquisition, fielding, and assessment decisions and actions; and

(ii)

tracking the cost, schedule, and performance of acquisitions conducted pursuant to the process.

(F)

Establishing a formal feedback mechanism for the commanders of the combatant commands to provide information to the Joint Chiefs of Staff and senior acquisition officials on how well fielded solutions are meeting urgent operational needs.

(G)

Establishing a dedicated source of funding for the rapid fielding of capabilities in response to urgent operational needs.

(H)

Issuing guidance to provide for the appropriate transition of capabilities acquired through rapid fielding into the traditional budget, requirements, and acquisition process for purposes of contracts for follow-on production, sustainment, and logistics support.

(I)

Such other improvements as the Secretary considers appropriate.

(b)

Discriminating urgent operational needs from traditional requirements

(1)

Expedited review process

Not later than 270 days after the date of the enactment of this Act, the Secretary shall develop and implement an expedited review process to determine whether capabilities proposed as urgent operational needs are appropriate for fielding through the process for the rapid fielding of capabilities or should be fielded through the traditional acquisition process.

(2)

Elements

The review process developed and implemented pursuant to paragraph (1) shall—

(A)

apply to the rapid fielding of capabilities in response to joint urgent operational need statements and to other urgent operational needs statements generated by the military departments and the combatant commands;

(B)

identify officials responsible for making determinations described in paragraph (1);

(C)

establish appropriate time periods for making such determinations;

(D)

set forth standards and criteria for making such determinations based on considerations of urgency, risk, and life-cycle management;

(E)

establish appropriate thresholds for the applicability of the review process, or of elements of the review process; and

(F)

authorize appropriate officials to make exceptions from standards and criteria established under subparagraph (D) in exceptional circumstances.

(3)

Covered capabilities

The review process developed and implemented pursuant to paragraph (1) shall provide that, subject to such exceptions as the Secretary considers appropriate for purposes of this section, the acquisition process for rapid fielding of capabilities in response to urgent operational needs is appropriate only for capabilities that—

(A)

can be fielded within a period of two to 24 months;

(B)

do not require substantial development effort;

(C)

are based on technologies that are proven and available; and

(D)

can appropriately be acquired under fixed price contracts.

(4)

Inclusion in report

The Secretary shall include a description of the expedited review process implemented pursuant to paragraph (1) in the report required by subsection (a).

805.

Acquisition of major automated information system programs

(a)

Program To improve information technology processes

(1)

In general

Chapter 131 of title 10, United States Code, is amended by inserting after section 2223 the following new section:

2223a.

Information technology acquisition planning and oversight requirements

(a)

Establishment of program

The Secretary of Defense shall establish a program to improve the planning and oversight processes for the acquisition of major automated information systems by the Department of Defense.

(b)

Program components

The program established under subsection (a) shall include—

(1)

a documented process for information technology acquisition planning, requirements development and management, project management and oversight, earned value management, and risk management;

(2)

the development of appropriate metrics that can be implemented and monitored on a real-time basis for performance measurement of—

(A)

processes and development status of investments in major automated information system programs;

(B)

continuous process improvement of such programs; and

(C)

achievement of program and investment outcomes;

(3)

a process to ensure that key program personnel have an appropriate level of experience, training, and education in the planning, acquisition, execution, management, and oversight of information technology systems;

(4)

a process to ensure sufficient resources and infrastructure capacity for test and evaluation of information technology systems;

(5)

a process to ensure that military departments and Defense Agencies adhere to established processes and requirements relating to the planning, acquisition, execution, management, and oversight of information technology programs and developments; and

(6)

a process under which an appropriate Department of Defense official may intervene or terminate the funding of an information technology investment if the investment is at risk of not achieving major project milestones.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 131 of such title is amended by inserting after the item relating to section 2223 the following new item:

2223a. Information technology acquisition planning and oversight requirements.

.

(b)

Annual report to Congress

Section 2445b(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

(5)

For each major automated information system program for which such information has not been provided in a previous annual report—

(A)

a description of the business case analysis (if any) that has been prepared for the program and key functional requirements for the program;

(B)

a description of the analysis of alternatives conducted with regard to the program;

(C)

an assessment of the extent to which the program, or portions of the program, have technical requirements of sufficient clarity that the program, or portions of the program, may be feasibly procured under firm, fixed-price contracts;

(D)

the most recent independent cost estimate or cost analysis for the program provided by the Director of Cost Assessment and Program Evaluation in accordance with section 2334(a)(6) of this title;

(E)

a certification by a Department of Defense acquisition official with responsibility for the program that all technical and business requirements have been reviewed and validated to ensure alignment with the business case; and

(F)

an explanation of the basis for the certification described in subparagraph (E).

(6)

For each major automated information system program for which the information required under paragraph (5) has been provided in a previous annual report, a summary of any significant changes to the information previously provided.

.

806.

Requirements for information relating to supply chain risk

(a)

Authority

Subject to subsection (b), the head of a covered agency may—

(1)

carry out a covered procurement action; and

(2)

limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.

(b)

Determination and notification

The head of a covered agency may exercise the authority provided in subsection (a) only after—

(1)

obtaining a joint recommendation by the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the Department of Defense, on the basis of a risk assessment by the Under Secretary of Defense for Intelligence, that there is a significant supply chain risk to a covered system;

(2)

making a determination in writing, in unclassified or classified form, with the concurrence of the Under Secretary of Defense for Acquisition, Technology, and Logistics, that—

(A)

use of the authority in subsection (a)(1) is necessary to protect national security by reducing supply chain risk;

(B)

less intrusive measures are not reasonably available to reduce such supply chain risk; and

(C)

in a case where the head of the covered agency plans to limit disclosure of information under subsection (a)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information; and

(3)

providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include—

(A)

the information required by section 2304(f)(3) of title 10, United States Code;

(B)

the joint recommendation by the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the Department of Defense as specified in paragraph (1);

(C)

a summary of the risk assessment by the Under Secretary of Defense for Intelligence that serves as the basis for the joint recommendation specified in paragraph (1); and

(D)

a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk.

(c)

Delegation

The head of a covered agency may not delegate the authority provided in subsection (a) or the responsibility to make a determination under subsection (b) to an official below the level of the service acquisition executive for the agency concerned.

(d)

Limitation on disclosure

If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information—

(1)

no action undertaken by the agency head under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court; and

(2)

the agency head shall—

(A)

notify appropriate parties of a covered procurement action and the basis for such action only to the extent necessary to effectuate the covered procurement action;

(B)

notify other Department of Defense components or other Federal agencies responsible for procurements that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and

(C)

ensure the confidentiality of any such notifications.

(e)

Definitions

In this section:

(1)

Head of a covered agency

The term head of a covered agency means each of the following:

(A)

The Secretary of Defense.

(B)

The Secretary of the Army.

(C)

The Secretary of the Navy.

(D)

The Secretary of the Air Force.

(2)

Covered procurement action

The term covered procurement action means any of the following actions, if the action takes place in the course of conducting a covered procurement:

(A)

The exclusion of a source that fails to meet qualification standards established in accordance with the requirements of section 2319 of title 10, United States Code, for the purpose of reducing supply chain risk in the acquisition of covered systems.

(B)

The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.

(C)

The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.

(3)

Covered procurement

The term covered procurement means—

(A)

a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in section 2305(a)(1)(C)(ii) of title 10, United States Code, or an evaluation factor, as provided in section 2305(a)(2)(A) of such title, relating to supply chain risk;

(B)

the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 2304c(d)(3) of title 10, United States Code, where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or

(C)

any contract action involving a contract for a covered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk.

(4)

Supply chain risk

The term supply chain risk means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.

(5)

Covered system

The term covered system means a national security system, as that term is defined in section 3542(b) of title 44, United States Code.

(6)

Covered item of supply

The term covered item of supply means an item of information technology (as that term is defined in section 11101 of title 40, United States Code) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system.

(7)

Appropriate congressional committees

The term appropriate congressional committees means—

(A)

in the case of a covered system included in the National Intelligence Program or the Military Intelligence Program, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the congressional defense committees; and

(B)

in the case of a covered system not otherwise included in subparagraph (A), the congressional defense committees.

(f)

Effective date

The requirements of this section shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply to—

(1)

contracts that are awarded on or after such date; and

(2)

task and delivery orders that are issued on or after such date pursuant to contracts that awarded before, on, or after such date.

(g)

Sunset

The authority provided in this section shall expire on the date that is three years after the date of the enactment of this Act.

B

Provisions relating to Major Defense Acquisition Programs

811.

Cost estimates for program baselines and contract negotiations for major defense acquisition and major automated information system programs

Section 2334 of title 10, United States Code, is amended—

(1)

in subsection (d)—

(A)

in paragraph (1)—

(i)

by striking paragraph (2) and inserting paragraph (3); and

(ii)

by striking , the rationale for selecting such confidence level, and, if such confidence level is less than 80 percent, the justification for selecting a confidence level of less than 80 percent; and and inserting and the rationale for selecting such confidence level;;

(B)

by redesignating paragraph (2) as paragraph (3); and

(C)

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

(2)

ensure that such confidence level provides a high degree of confidence that the program can be completed without the need for significant adjustment to program budgets; and

;

(2)

by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and

(3)

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

(e)

Estimates for program baseline and analyses and targets for contract negotiation purposes

(1)

The policies, procedures, and guidance issued by the Director of Cost Assessment and Program Evaluation in accordance with the requirements of subsection (a) shall provide that—

(A)

cost estimates developed for baseline descriptions and other program purposes conducted pursuant to subsection (a)(6) are not to be used for the purpose of contract negotiations or the obligation of funds; and

(B)

cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are based on the Government’s reasonable expectation of successful contractor performance in accordance with the contractor’s proposal and previous experience.

(2)

The Program Manager and contracting officer for each major defense acquisition program and major automated information system program shall ensure that cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are carried out in accordance with the requirements of paragraph (1) and the policies, procedures, and guidance issued by the Director of Cost Assessment and Program Evaluation.

(3)

Funds that are made available for a major defense acquisition program or major automated information system program in accordance with a cost estimate conducted pursuant to subsection (a)(6), but are excess to a cost analysis or target developed pursuant to paragraph (2), shall remain available for obligation in accordance with the terms of applicable authorization and appropriations Acts.

(4)

Funds described in paragraph (3)—

(A)

may be used—

(i)

to cover any increased program costs identified by a revised cost analysis or target developed pursuant to paragraph (2);

(ii)

to acquire additional end items in accordance with the requirements of section 2308 of this title; or

(iii)

to cover the cost of risk reduction and process improvements; and

(B)

may be reprogrammed, in accordance with established procedures, only if determined to be excess to program needs on the basis of a cost estimate developed with the concurrence of the Director of Cost Assessment and Program Evaluation.

.

812.

Management of manufacturing risk in major defense acquisition programs

(a)

Guidance required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue comprehensive guidance on the management of manufacturing risk in major defense acquisition programs.

(b)

Elements

The guidance issued under subsection (a) shall, at a minimum—

(1)

require the use of manufacturing readiness levels as a basis for measuring, assessing, reporting, and communicating manufacturing readiness and risk on major defense acquisition programs throughout the Department of Defense;

(2)

provide guidance on the definition of manufacturing readiness levels and how manufacturing readiness levels should be used to assess manufacturing risk and readiness in major defense acquisition programs;

(3)

specify manufacturing readiness levels that should be achieved at key milestones and decision points for major defense acquisition programs;

(4)

identify tools and models that may be used to assess, manage, and reduce risks that are identified in the course of manufacturing readiness assessments for major defense acquisition programs; and

(5)

require appropriate consideration of the manufacturing readiness and manufacturing readiness processes of potential contractors and subcontractors as a part of the source selection process for major defense acquisition programs.

(c)

Manufacturing readiness expertise

The Secretary shall ensure that—

(1)

the acquisition workforce chapter of the annual strategic workforce plan required by section 115b of title 10, United States Code, includes an assessment of the critical manufacturing readiness knowledge and skills needed in the acquisition workforce and a plan of action for addressing any gaps in such knowledge and skills; and

(2)

the need of the Department for manufacturing readiness knowledge and skills is given appropriate consideration, comparable to the consideration given to other program management functions, as the Department identifies areas of need for funding through the Defense Acquisition Workforce Development Fund established in accordance with the requirements of section 1705 of title 10, United States Code.

(d)

Major defense acquisition program defined

In this section, the term major defense acquisition program has the meaning given that term in section 2430(a) of title 10, United States Code.

813.

Modification and extension of requirements of the Weapon System Acquisition Reform Act of 2009

(a)

Extension of reporting requirements

Section 102(b) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23; 123 Stat. 1714; 10 U.S.C. 2430 note) is amended—

(1)

in paragraph (2), by inserting , and not later than February 15 of each year from 2011 through 2014 after Not later than 180 days after the date of the enactment of this Act; and

(2)

in paragraph (3), by striking The first annual report and inserting Each annual report from 2010 through 2014.

(b)

Clarification that prototypes may be acquired from commercial, government, or academic sources

Paragraph (4) of section 203(a) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23; 123 Stat. 1722; 10 U.S.C. 2430 note) is amended to read as follows:

(4)

That prototypes—

(A)

may be required under paragraph (1) or (3) for the system to be acquired or, if prototyping of the system is not feasible, for critical subsystems of the system; and

(B)

may be acquired from commercial, government, or academic sources.

.

(c)

Clarification that certifications are not required for major defense acquisition programs following Milestone C approval

Section 204(c)(2) of the Weapon Systems Acquisition Reform Act of 2009 (123 Stat. 1724) is amended—

(1)

in subparagraph (A), by striking ; and and inserting a semicolon;

(2)

in subparagraph (B), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(C)

has not yet achieved a Milestone C approval.

.

(d)

Clarification that certain Milestone B certification criteria may be waived

(1)

Waiver authority

Effective as of May 22, 2009, section 2366b(d) of title 10, United States Code, as amended by section 205(a)(1) of the Weapon Systems Acquisition Reform Act of 2009 (123 Stat. 1724), is amended—

(A)

in paragraph (1), by striking specified in paragraph (1) or (2) of subsection (a) and inserting specified in paragraph (1), (2), or (3) of subsection (a); and

(B)

in paragraph (2), by striking specified in paragraphs (1) and (2) of subsection (a) and inserting specified in paragraphs (1), (2), and (3) of subsection (a).

(2)

Determination regarding satisfaction of certification components

Effective as of May 22, 2009, and as if included therein as enacted, section 205(b)(1) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 2366b note) is amended by striking certification components specified in paragraphs (1) and (2) of subsection (a) of section 2366b of title 10, United States Code and inserting certification components specified in paragraphs (1), (2), and (3) of subsection (a) of section 2366b of title 10, United States Code.

(e)

Correction to reference

Effective as of May 22, 2009, and as if included therein as enacted, section 205(c) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 2433a note) is amended by striking section 2433a(c)(3) and inserting section 2433a(c)(1)(C).

814.

Inclusion of major subprograms to major defense acquisition programs under various acquisition-related requirements

(a)

Reporting requirements

Section 2430a(b) of title 10, United States Code, is amended—

(1)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(2)

by inserting (1) before If the Secretary;

(3)

in subparagraph (A), as so redesignated, by inserting (other than as provided in paragraph (2)) before the semicolon; and

(4)

by adding at the end the following new paragraph:

(2)

For a major defense acquisition program for which a designation of a major subprogram has been made under subsection (a), unit costs under this chapter shall be submitted in accordance with the definitions in subsection (d).

.

(b)

Milestone A approval certification requirements

Section 2366a of such title is amended—

(1)

in subsection (b)—

(A)

in paragraph (1), by striking a major defense acquisition program certified by the Milestone Decision Authority under subsection (a), if the projected cost of the program and inserting a major defense acquisition program certified by the Milestone Decision Authority under subsection (a) or a designated major subprogram of such program, if the projected cost of the program or subprogram; and

(B)

in paragraph (2), by inserting or designated major subprogram after major defense acquisition program; and

(2)

in subsection (c)—

(A)

by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively; and

(B)

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

(2)

The term designated major subprogram means a major subprogram of a major defense acquisition program designated under section 2430a(a)(1) of this title.

.

(c)

Milestone B approval certification requirements

Section 2366b of such title is amended—

(1)

in subsection (b)(1)—

(A)

by striking any changes to the program and inserting any changes to the program or a designated major subprogram of such program; and

(B)

in subparagraph (B), by striking otherwise cause the program and inserting otherwise cause the program or subprogram; and

(2)

in subsection (g)—

(A)

by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and

(B)

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

(2)

The term designated major subprogram means a major subprogram of a major defense acquisition program designated under section 2430a(a)(1) of this title.

.

(d)

Conforming amendments to section 2399

Subsection (a) of section 2399 of such title is amended to read as follows:

(a)

Condition for proceeding beyond low-rate initial production

(1)

The Secretary of Defense shall provide that a covered major defense acquisition program or a covered designated major subprogram may not proceed beyond low-rate initial production until initial operational test and evaluation of the program or subprogram is completed.

(2)

In this subsection:

(A)

The term covered major defense acquisition program means a major defense acquisition program that involves the acquisition of a weapon system that is a major system within the meaning of that term in section 2302(5) of this title.

(B)

The term covered designated major subprogram means a major subprogram designated under section 2430a(a)(1) of this title that is a major subprogram of a covered major defense acquisition program.

.

(e)

Conforming amendments to section 2434

Section 2434(a) of such title is amended—

(1)

by inserting (1) before The Secretary of Defense; and

(2)

by adding at the end the following new paragraph:

(2)

The provisions of this section shall apply to any major subprogram of a major defense acquisition program (as designated under section 2430a(a)(1) of this title) in the same manner as those provisions apply to a major defense acquisition program, and any reference in this section to a program shall be treated as including such