< Back to S. 3454 (111th Congress, 2009–2010)

Text of the National Defense Authorization Act for Fiscal Year 2011

This bill was introduced in a previous session of Congress but was killed due to a failed vote for cloture, under a fast-track vote called "suspension", or while resolving differences on December 9, 2010. The text of the bill below is as of Jun 4, 2010 (Placed on Calendar in the Senate).

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Source: GPO

II

Calendar No. 414

111th CONGRESS

2d Session

S. 3454

[Report No. 111–201]

IN THE SENATE OF THE UNITED STATES

June 4, 2010

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

A BILL

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

1.

Short title

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

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into four divisions as follows:

(1)

Division A–Department of Defense Authorizations.

(2)

Division B–Military Construction Authorizations.

(3)

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

(4)

Division D–Funding Tables.

(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. Authorization of appropriations.

Subtitle B—Army Programs

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

Subtitle C—Navy Programs

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

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

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

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

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

Subtitle D—Joint and Multiservice Matters

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

Sec. 142. Contracts for commercial imaging satellite capacities.

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

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

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. Limitation on use of funds for alternative propulsion system for the F–35 Joint Strike Fighter program.

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

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

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 Matters

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

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

Sec. 233. Medium Extended Air Defense System.

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

Sec. 235. Independent review and assessment of the Ground-Based Midcourse Defense system.

TITLE III—Operation and Maintenance

Subtitle A—Authorization of appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—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 relating to Agency for Toxic Substances and Disease Registry investigation of exposure to drinking water contamination at Camp Lejeune, North Carolina.

Sec. 314. Commission on Military Environmental Exposures.

Subtitle C—Workplace and depot issues

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

Subtitle D—Energy security

Sec. 331. Alternative aviation fuel initiative.

Subtitle E—Other matters

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

Sec. 342. Extension of Arsenal Support Program Initiative.

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

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

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

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

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

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

TITLE IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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.

Subtitle D—Armed Forces Retirement Home

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

TITLE V—Military Personnel Policy

Subtitle A—Officer Personnel Policy

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

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

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

Sec. 504. Technical revisions to definition of joint matters for purposes of joint officer management.

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 commissioned service required for voluntary retirement as an officer.

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

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

Sec. 509. Authority for appointment of warrant officers in the grade of W–1 by commission and standardization of warrant officer appointing authority.

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

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

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

Subtitle B—Reserve Component Management

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

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

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

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

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

Subtitle C—Education and Training

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

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

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

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

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

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

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

Sec. 538. Modification of education loan repayment programs.

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

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

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

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

Subtitle D—Defense Dependents' Education

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

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

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

Subtitle E—Leave and Related Matters

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

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

Subtitle F—Military Justice Matters

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

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

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

Subtitle G—Awards and Decorations

Sec. 566. Cold War Service Medal.

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

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

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

Subtitle H—Wounded Warrior Matters

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

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

Subtitle I—Military Family Readiness Matters

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

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

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

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

Subtitle J—Other Matters

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

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

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

TITLE VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

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

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

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

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

Sec. 605. Report on basic allowance for housing for personnel assigned to sea duty.

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

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

Subtitle D—Disability, Retired Pay, and Survivor Benefits

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

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

TITLE VII—Health Care Provisions

Subtitle A—TRICARE Program

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

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

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

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

Subtitle B—Health Care Administration

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

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

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

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

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

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

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

Subtitle C—Reports

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

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

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

Subtitle A—Provisions Relating to Major Defense Acquisition Programs

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

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

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

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

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

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

Subtitle B—Acquisition Policy and Management

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Subtitle D—Contractor Matters

Sec. 841. Contractor business systems.

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

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

Subtitle E—Other Matters

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

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

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

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

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

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

Sec. 857. Contractor logistics support of contingency operations.

TITLE IX—Department of Defense Organization and Management

Subtitle A—Department of Defense Management

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

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

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

Subtitle B—Space Activities

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

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

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

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

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

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

Subtitle C—Intelligence Matters

Sec. 921. Permanent 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. 951. Report on organizational structure and policy guidance of the Department of Defense regarding information operations.

Sec. 952. 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. Repeal of requirement for annual joint report from Office of Management and Budget and Congressional Budget Office on scoring of outlays in defense budget function.

Subtitle B—Naval Vessels and Shipyards

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

Subtitle C—Counterdrug Matters

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

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

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

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

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

Subtitle D—Homeland Defense and Civil Support

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

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

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

Subtitle E—Miscellaneous Authorities and Limitations

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

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

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

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

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

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

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

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

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

Subtitle F—Reports

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

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

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

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

Subtitle G—Other Matters

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

TITLE XI—Civilian Personnel Matters

Sec. 1101. Modification of certain authorities relating to 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. Designation of Space and Missile Defense Technical Center of the U.S. Army Space and Missile Defense Command/Army Forces Strategic Command as a Department of Defense science and technology reinvention laboratory.

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

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

TITLE XII—Matters Relating to Foreign Nations

Subtitle A—Training and Assistance

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

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

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

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

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

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

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

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

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

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

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

Subtitle C—Reports

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. Report on Department of Defense support for coalition operations.

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

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

Sec. 1236. Report on Cuba.

Sec. 1237. Report on Venezuela.

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

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. National Defense Sealift Fund.

Sec. 1403. Defense Health Program.

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

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

Sec. 1406. Defense Inspector General.

Subtitle B—Chemical Demilitarization Matters

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

Subtitle C—Other Matters

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

TITLE XV—Overseas Contingency Operations

Sec. 1500. Purpose.

Subtitle A—Authorization of Additional Appropriations

Sec. 1501. Procurement.

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

Sec. 1503. Operation and maintenance.

Sec. 1504. Military personnel.

Sec. 1505. Working capital funds.

Sec. 1506. Defense Health Program.

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

Sec. 1508. Defense Inspector General.

Subtitle B—Financial Matters

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Subtitle C—Other Matters

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

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

Sec. 1533. Iraq Security Forces Fund.

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

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

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

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

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. Extension of authorizations of certain fiscal year 2008 projects.

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.

TITLE XXII—Navy

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Extension of authorization of certain fiscal year 2008 project.

Sec. 2206. Technical amendment to carry out certain fiscal year 2010 project.

TITLE XXIII—Air Force

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Extension of authorization of certain fiscal year 2007 project.

TITLE XXIV—Defense agencies

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 project.

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 closure and realignment activities

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

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

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

TITLE XXVIII—Military Construction General Matters

Subtitle A—Military Construction Program and Military Family Housing Changes

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

Subtitle B—Real Property and Facilities Administration

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

Subtitle C—Energy Security

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

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

Subtitle D—Land Conveyances

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

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

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

Subtitle E—Reports

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

Subtitle F—Other Matters

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

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

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

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

TITLE XXIX—Overseas Contingency Operations Military Construction Authorizations

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

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

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.

Subtitle B—Program Authorizations, Restrictions, and Limitations

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

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

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

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

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

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

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

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

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

Subtitle C—Other Matters

Sec. 3131. Department of Energy energy parks program.

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

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII—Maritime Administration

Sec. 3301. Maritime Administration.

DIVISION D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

TITLE XLI—Procurement

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

TITLE XLII—Research, Development, Test, and Evaluation

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

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

TITLE XLIII—Operation and Maintenance

Sec. 4301. Operation and maintenance.

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

TITLE XLIV—Other Authorizations

Sec. 4401. Other authorizations.

Sec. 4402. Other authorizations for overseas contingency operations.

TITLE XLV—Military Construction

Sec. 4501. Military construction.

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

Sec. 4503. Military construction for overseas contingency operations.

TITLE XLVI—Department of Energy National Security Programs

Sec. 4601. Department of Energy national security programs.

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

A

Authorization of Appropriations

101.

Authorization of appropriations

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

B

Army Programs

111.

Airborne Common Sensor and Enhanced Medium Altitude Reconnaissance and Surveillance System

(a)

Limitation on availability of funding pending certification

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

(1)

has successfully completed its limited user test; and

(2)

demonstrates the technical performance necessary to achieve milestone C approval.

(b)

Covered programs

The programs specified in this subsection are the following:

(1)

The Airborne Common Sensor.

(2)

The Enhanced Medium Altitude Reconnaissance and Surveillance System.

C

Navy Programs

121.

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

(a)

Authority to use multiple years of funding

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

(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.

122.

Requirement to maintain Navy airborne signals intelligence capabilities

(a)

Findings

Congress makes the following findings:

(1)

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

(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) program of the Navy is the second critical element in the airborne signals intelligence capability of the Navy and provides the Navy its most advanced, comprehensive multi-intelligence and quick-reaction capability available.

(b)

Requirement To maintain capabilities

(1)

Prohibition on retirement of platforms

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

(2)

Maintenance of platforms

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

(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)

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

(B)

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

(4)

Termination

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

123.

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

(a)

Business case analysis of Service Life Extension of F/A–18 Aircraft

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

(1)

conduct a business case analysis comparing extension the service life of existing F/A–18 aircraft with procuring additional F/A–18E/F aircraft as a means of managing the shortfall of the Department of the Navy in strike fighter aircraft; and

(2)

submit to the congressional defense committees a report on the business case analysis.

(b)

Elements of business case analysis

The business case analysis required by subsection (a)(1) shall include the following:

(1)

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

(2)

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

(3)

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

(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/F aircraft.

(6)

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

(c)

Additional elements of report

In addition to the information required in the business case analysis under subsection (b), the report of the Secretary under subsection (a) shall include an assessment of the following:

(1)

Differences in capabilities of—

(A)

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

(B)

F/A–18E/F aircraft; and

(C)

F–35C aircraft.

(2)

Differences in capabilities that would result under the 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–18 aircraft, rather than extending the service life of F/A–18 aircraft beyond 8,600 hours, would have on the plan of the Navy to procure operational carrier-variant Joint Strike Fighter aircraft.

(4)

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

(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 must submit to the congressional defense committees a report that discusses the operational risks and impacts of reducing the squadron size. The report shall include an assessment of the following:

(1)

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

(2)

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

(3)

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

(4)

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

(e)

Report On F/A–18 aircraft Training Squadrons

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

(1)

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

(2)

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

124.

Inclusion of basic and functional design in assessments required prior to start of construction of first ship of a shipbuilding program

(a)

Inclusion in assessments

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

(b)

Basic and functional design defined

Subsection (d) of such section is amended by adding at the end the following new paragraph:

(5)

Basic and function design

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

.

125.

Multiyear procurement authority for F/A–18E, F/A–18F, and EA–18G fighter aircraft

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

(1)

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

(2)

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

(3)

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

D

Joint and Multiservice Matters

141.

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

(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, the Marine Corps variant of that aircraft, when the Marine Corps declares Initial Operating Capability for the F–35B Joint Strike Fighter aircraft. The report shall be prepared in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics.

(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.

(B)

Expected mission capability.

(C)

Required maintenance and logistics standards.

(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.

142.

Contracts for commercial imaging satellite capacities

(a)

Telescope requirements under contracts after 2010

Any contract for additional commercial imaging satellite capability or capacity entered into by the Department of Defense after December 31, 2010, shall require that the imaging telescope providing such capability or capacity under such contract has an aperture of not less than 1.5 meters.

(b)

Continuation of current contracts

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

143.

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 requirements approved for procurement utilizing funds in the Combat Mission Requirements subaccount during such quarter, procured utilizing funds in that subaccount during such quarter, or both, including the amount of such funds committed to the procurement of each such requirement.

(c)

Form

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

144.

Integration of solid state laser systems into certain aircraft

(a)

Analysis of feasability required

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

(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.

II

Research, Development, Test, and Evaluation

A

Authorization of Appropriations

201.

Authorization of appropriations

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

B

Program Requirements, Restrictions, and Limitations

211.

Limitation on use of funds for alternative propulsion system for the F–35 Joint Strike Fighter program

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

(1)

will—

(A)

reduce the total life-cycle costs of the F–35 Joint Strike Fighter program; and

(B)

improve the operational readiness of the fleet of F–35 Joint Strike Fighter aircraft; and

(2)

will not—

(A)

disrupt the F–35 Joint Strike Fighter program during the research, development, and procurement phases of the program; or

(B)

result in the procurement of fewer F–35 Joint Strike Fighter aircraft during the life cycle of the program.

212.

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

(a)

Prohibition on use of funds pending report

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

(b)

Limitation on use of funds after report

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

(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.

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.

.

214.

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

(a)

Program required

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

(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)

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

(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 national cybersecurity requirements

(1)

Projects authorized

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

(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

(1)

In general

The Secretary of Defense shall support or conduct at least four pilot programs on cybersecurity in accordance with the requirements of this subsection.

(2)

Threat sensing and warning for information networks worldwide

Under one of the pilot programs under this subsection, the Secretary of Defense shall support the Secretary of Homeland Security in promoting the establishment of a consortium of major telecommunications service providers, Internet service providers, and other appropriate commercial entities, which consortium shall seek to achieve the following:

(A)

A comprehensive view of information networks worldwide.

(B)

A capability for threat sensing and warning within such networks.

(C)

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

(3)

Managed security services for cybersecurity within defense industrial base

Under one of the pilot programs under this subsection, the Secretary of Defense shall, in coordination with the Secretary of Homeland Security, assess the feasability and advisability of utilizing managed security services to improve the cybersecurity capabilities of elements of the defense industrial base. In utilizing managed security services for that purpose under the pilot program, the Secretary may provide for the following:

(A)

Utilizing threat intelligence feeds from Government and commercial sources.

(B)

Engaging in intrusion detection and prevention based on known signatures and patterns of behavior.

(C)

Utilizing automated reporting to Government network and security operations centers.

(D)

Utilizing context-enabled and content-enabled analysis tools and services to detect and react to previously unknown attack techniques.

(E)

Utilizing innovative system integrity validation and memory analysis tools.

(F)

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

(G)

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

(4)

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

Under one of the pilot programs under this subsection, the Secretary of Defense shall assess the feasability and advisability of entering into a partnership with one or more private sector entities (including private industry entities, academia, and non-profit institutions) to establish processes and infrastructure in the private sector to permit the Department of Defense to address threats, problems, vulnerabilities, or opportunities in cybersecurity. In entering into a partnership under the pilot program, the Secretary may seek to provide for the following:

(A)

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

(B)

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

(i)

The identification and procurement of cybersecurity capabilities applicable to both Government and private-sector needs.

(ii)

The incentivization of investments in cybersecurity technology and capabilities by the private sector.

(5)

Processes for uniform evaluation of commercial cybersecurity products and services

Under one of the pilot programs under this subsection, the Secretary of Defense shall assess the feasability and advisability of developing a process for the evaluation of commercial cybersecurity products and services utilizing a common set of standards and a common taxonomy. The process developed for purposes of the pilot program shall include metrics on the performance of different cybersecurity solutions that enable senior Department of Defense officials to—

(A)

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

(B)

combine different cybersecurity products and services in order to build comprehensive and highly capable cybersecurity solutions within and across organizational boundaries.

(c)

Reports

(1)

Reports required

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

(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 project required by subsection (b)(3):

(i)

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

(ii)

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

(C)

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

(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.

(ii)

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

(D)

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

(i)

An assessment of the viability of a establishing a process and taxonomy for the evaluation of commercial cybersecurity technologies within a common framework.

(ii)

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

(iii)

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

(iv)

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

(3)

Form

Each report under this subsection shall be submitted in both unclassified form and classified form.

(d)

Funding

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

C

Missile Defense Matters

231.

Sense of Congress on ballistic missile defense

(a)

Findings

Congress makes the following findings:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(b)

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 European territory of North Atlantic Treaty Organization countries, and to potential future ballistic missile capabilities of Iran, and, as indicated by the April 19, 2010, certification by the Under Secretary of Defense for Acquisition, Technology, and Logistics, meets congressional guidance provided in section 235 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2234);

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(c)

New START Treaty defined

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

232.

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

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

233.

Medium Extended Air Defense System

(a)

Limitation on availability of funds

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

(1)

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

(2)

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

(3)

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

(b)

Elements of report

The elements specified in this subsection for the report described in subsection (a)(2) are the following:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

Any other matters that the Secretary of Defense considers appropriate.

(c)

Form of report

The report described in subsection (a)(2) shall be submitted in unclassified form, but may include a classified annex.

234.

Acquisition accountability reports on the ballistic missile defense system

(a)

Baselines required

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

(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.

235.

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

(a)

Independent review and assessment required

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

(b)

Elements

The review and assessment required by this section shall address current Department of Defense plans 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 six months after the date of the enactment of this Act, the entity conducting the review and assessment under this section shall submit to the Secretary and the congressional defense committees a report containing—

(1)

the results of the review and assessment; and

(2)

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

III

Operation and Maintenance

A

Authorization of appropriations

301.

Operation and maintenance funding

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

B

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 $5,620,000 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

(1)

Transfer amount

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

(2)

Purpose of transfer

The payment under paragraph (1) is to satisfy a stipulated penalty assessed by the Environmental Protection Agency on June 12, 2008, against Naval Air Station, Brunswick, Maine, for the failure by the Navy to timely sample certain monitoring wells pursuant to a schedule included in a Federal Facility Agreement.

(3)

Federal facility agreement

The stipulated penalty described in paragraph (2) is provided for in the Federal Facility Agreement entered into by the Department of the Navy and the Environmental Protection Agency for Naval Air Station, Brunswick, on October 19, 1990.

(b)

Source of funds

Any payment under subsection (a) shall be made using funds authorized to be appropriated for fiscal year 2011 for the Department of Defense Base Closure Account 2005.

(c)

Use of funds

The Environmental Protection Agency shall accept the amount transferred under subsection (a) as payment of the penalty described under paragraph (2) of such subsection.

313.

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

(a)

Findings

Congress makes the following findings:

(1)

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

(2)

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

(b)

Requirement

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall—

(1)

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

(2)

make appropriate staff available to work with ATSDR to—

(A)

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

(B)

identify documents described in the March 22, 2010, letter of ATSDR that are most relevant to the ATSDR review; and

(3)

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

(c)

Limitation on use of funds

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

(d)

Resolution of certain disputes

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

314.

Commission on Military Environmental Exposures

(a)

Establishment

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

(b)

Composition

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

(c)

Appointments

(1)

Deadline

All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act.

(2)

Vacancies

A vacancy in the Commission shall be filled in the manner in which the original appointment was made.

(d)

Chairperson

The President shall select from among the membership of the Commission a Chairperson.

(e)

Quorum

A majority of the members of the Commission shall constitute a quorum.

(f)

Meetings

The Commission shall meet at the call of the Chairperson.

(g)

Hearings

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

(h)

Compensation

(1)

In general

Except as provided in paragraph (2), a member of the Commission—

(A)

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

(B)

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

(2)

Limitation

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

(i)

Staff

(1)

In general

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

(2)

Compensation

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

(j)

Detail of Government Employees

Upon request of the Chairperson of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties.

(k)

Report

(1)

Submission to President

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

(2)

Content

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

(A)

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

(B)

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

(C)

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

(D)

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

(E)

Recommendations for other forms of redress for such members and dependants, including possible monetary compensation.

(3)

Submission to Congress

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

(l)

Termination

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

(m)

Rule of construction

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

C

Workplace and depot issues

321.

Depot level maintenance and recapitalization parts supply

(a)

Finding

Congress recognizes the need for depot level maintenance and recapitalization of assets as Brigade Combat Teams reset.

(b)

Report

(1)

In general

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

(2)

Elements

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

(A)

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

(B)

The current and projected timeline for the completion of the Drawdown, Retrograde and Reset Program in Iraq.

(C)

The percentage and level of expected refurbishment to take place in the United States and the percentage and level of expected refurbishment overseas.

(D)

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

(c)

Required improvements

(1)

New solutions

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

(2)

Use of existing commercial systems

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

D

Energy security

331.

Alternative aviation fuel initiative

(a)

Findings

Congress makes the following findings:

(1)

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

(2)

The Department of Defense is the largest single consumer of fuel in the United States.

(3)

The United States Air Force is the largest consumer of fuel in the Department of Defense.

(4)

The dramatically fluctuating price of fuel can have a significant budgetary impact on the Department of Defense.

(5)

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

(6)

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

(7)

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

(b)

Continuation of Initiatives

(1)

In general

The Secretary of the Air Force shall continue the alternative aviation fuel initiatives of the Air Force with a goal of—

(A)

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

(B)

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

(i)

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

(ii)

prices for such fuels are cost competitive with petroleum-based alternatives that are used for the same functions;

(C)

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

(D)

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

(2)

Adjustment of goal

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

(3)

Annual report

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

(A)

the status of aircraft fleet certification, until complete;

(B)

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

(C)

progress made against published goals for such fiscal year;

(D)

the status of recovery plans to achieve any goals set for previous years that were not achieved; and

(E)

the establishment or adjustment of goals and objectives for the current fiscal year or for future years.

(c)

Annual report for Army and Navy

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

(d)

Defense Science Board Review

(1)

Report required

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

(A)

the technological and economic achievability of the goals;

(B)

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

(C)

any recommendations the Defense Science Board may have for improving the Air Force program.

(2)

Submission to congress

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

E

Other matters

341.

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

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

(6)

the purchaser of an article or service agrees to hold harmless and indemnify the United States from any claim for damages or injury to any person or property arising out of the article or service, except—

(A)

in a case of willful misconduct or gross negligence; or

(B)

in a case in which damages or injury to the purchaser arose out of the failure of the Federal Government to comply with quality, schedule, or cost performance requirements in the contract to provide the article or service;

.

342.

Extension of Arsenal Support Program Initiative

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

(1)

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

(2)

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

343.

Four-year extension of authority to provide logistics support and services for weapons systems contractors

Section 365(g)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note) is amended by striking September 30, 2010 and inserting September 30, 2014.

344.

Recovery of improperly disposed of Department of Defense property

(a)

In general

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

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 violation of subsection (a), any Federal, State, or local law enforcement official may seize the property wherever found.

(d)

Inapplicability to certain property

Subsections (b) and (c) shall not apply to property on public display by public or private collectors or museums in secured exhibits.

(e)

Determinations of violations

(1)

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

(2)

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

(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 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)

Significant military equipment defined

In this section, the term significant military equipment means defense articles on the United States Munitions List for which special export controls are warranted because of their capacity for substantial military utility or capability.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 165 of such title is amended by inserting the following new item:

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

.

345.

Commercial sale of small arms ammunition in excess of military requirements

(a)

Commercial sale of small arms ammunition

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

(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.

346.

Modification of authorities relating to prioritization of funds for equipment readiness and strategic capability

(a)

Prioritization of funds

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

(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 (4), (5), (6), and (7);

(2)

by redesignating paragraphs (1), (2), (3), (8), and (9) as subparagraphs (A), (B), (C), (G) and (I), 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 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 inserting the following:

(2)

Each such report

;

(6)

in subparagraph (A) of paragraph (2) as redesignated by paragraphs (2) and (5) of this subsection—

(A)

by strikingthe requirements for the funding priorities in subsection (a), including an itemization and inserting equipment requirements

(B)

by striking modular brigades and inserting modular combat, functional, and support brigades; and

(C)

by striking the global war on terrorism and inserting overseas contingency operations underway as of the date of such report;

(7)

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

(8)

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

(9)

in paragraph (2), as amended by paragraphs (2) and (5) of this subsection—

(A)

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

(D)

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).

(E)

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

(F)

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

;

(B)

by inserting after subparagraph (G) the following new subparagraph:

(H)

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

; and

(10)

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

(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 2017.

347.

Repeal of requirement for reports on withdrawal or diversion of equipment from Reserve units for support of Reserve units being mobilized and other units

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

348.

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

(a)

Transportation on DoD vehicles and aircraft

Subsection (a) of section 2649 of title 10, United States Code, is amended—

(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

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.

.

IV

Military Personnel Authorizations

A

Active Forces

401.

End strengths for active forces

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

(1)

The Army, 569,400.

(2)

The Navy, 328,700.

(3)

The Marine Corps, 202,100.

(4)

The Air Force, 332,200.

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 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.

D

Armed Forces Retirement Home

431.

Authorization of appropriations for Armed Forces Retirement Home

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

V

Military Personnel Policy

A

Officer Personnel Policy

501.

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

(a)

Board composition

Section 612(c) of title 10, United States Code, is amended—

(1)

by striking serving in, or have served in, joint duty assignments and inserting serving on, or have served on, the Joint Staff or are joint qualified officers;

(2)

by striking currently serving in a joint duty assignment and inserting a joint qualified officer; and

(3)

by inserting before the period at the end the following: or in the case of a selection board that is considering officers in specialties identified in paragraph (2) or (3) of section 619a(b) of this title.

(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 serving, or have served, in joint duty assignments and inserting serving on, or have served on, the Joint Staff or are joint qualified officers;

(2)

in paragraphs (2)(A) and (2)(B), by striking in joint duty assignments of officers who are serving, or have served, in such assignments and inserting of officers who are serving on, or have served on, the Joint Staff or are joint qualified officers; 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.

502.

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

(a)

Nondisclosure of board proceedings

Section 613a of title 10, United States Code, is amended—

(1)

in subsection (a), by striking section 611 and all that follows through the board and inserting the following: section 573, 611, or 628 of this title may not be disclosed to any person not a member of the board except as authorized or required by this title to process the board’s report. The prohibition in the preceding sentence is an exemption by statute referred to in paragraph (3) of section 552(b) of title 5.;

(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 576(d) and 576(f) and inserting 576(d), 576(f), and 613a.

(c)

Reserve boards

Section 14104 of such title is amended—

(1)

in subsection (a), by striking section 14101 and all that follows and inserting section 14101 or 14502 of this title may not be disclosed to any person not a member of the board except as authorized or required by this title to process the board’s report.;

(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.

.

503.

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 promotion list.

.

(b)

Reserve active-status list

Section 14310 of such title is amended—

(1)

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

(2)

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

(c)

Administrative removal

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

.

504.

Technical revisions to definition of joint matters for purposes of joint officer management

Section 668(a) of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by striking multiple and inserting integrated; and

(B)

in subparagraph (D), by striking and at the end and inserting or; and

(2)

in paragraph (2)—

(A)

by striking multiple and inserting integrated; and

(B)

by striking participants from and all that follows and inserting “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)

Nongovernmental persons or entities.

.

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 chapter 34 of such title 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 commissioned service required for voluntary retirement as an officer

(a)

Army

Section 3911(b)(2) of title 10, United States Code, is amended by striking January 6, 2006, and ending on December 31, 2008 and inserting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013.

(b)

Navy and Marine Corps

Section 6323(a)(2)(B) of such title is amended by striking January 6, 2006, and ending on December 31, 2008 and inserting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013.

(c)

Air Force

Section 8911(b)(2) of such title is amended by striking January 6, 2006, and ending on December 31, 2008 and inserting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013.

507.

Age 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 inserting before the period at the end the following: or, in the case of an officer who is a health professions officer for purposes of this subsection by reason of paragraph (2)(D), the officer will be performing duties consisting primarily of providing health care (in the case of an officer in a class of officers designated under clause (i) of such paragraph), performing other clinical care (in the case of an officer in a class of officers designated under clause (ii) of such paragraph), or performing health-care related administrative duties (in the case of an officer in a class of officers designated under clause (iii) of such paragraph).

508.

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

Section 9334(b) of title 10, United States Code, is amended by adding at the end the following new sentence: However, a permanent professor who is on an operational tour or sabbatical duty away from the Academy may, if so authorized by the Secretary of the Air Force, exercise command of units to which assigned while on such duty..

509.

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

(a)

Regular officers

(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.

510.

Continuation of warrant officers on active duty to complete disciplinary action

(a)

In general

Chapter 33A of title 10, United States Code, is amended by inserting after section 580a following new section:

580b.

Continuation on active duty to complete disciplinary action

When any action has been commenced against a warrant officer with a view to trying such officer by court-martial and such warrant officer is to be separated or retired in accordance with this chapter, the Secretary of the military department concerned may delay the separation or retirement of the officer, without prejudice to such action, until the completion of such action.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 33A of such title is amended by inserting after the item relating to section 580a the following new item:

580b. Continuation on active duty to complete disciplinary action.

.

511.

Authority to credit military graduates of the National Defense Intelligence College with completion of Joint Professional Military Education Phase I

(a)

Credit as Joint Professional Military Education Phase I

Section 2154(a)(1) of title 10, United States Code, is amended by inserting or at a joint intermediate level school before the period.

(b)

Joint intermediate level school defined

Section 2151(b) of such title is amended by adding at the end the following new paragraph:

(3)

The term joint intermediate level school includes the National Defense Intelligence College.

.

512.

Expansion of authority relating to Phase II of three–phase approach to Joint Professional Military Education

(a)

Authority for other than in-residence program taught through Joint Forces Staff College

Section 2154(a)(2) of title 10, United States Code, is amended—

(1)

in the matter preceding subparagraph (A), by striking in residence at;

(2)

in subparagraph (A), by inserting by after (A); and

(3)

in subparagraph (B), by inserting in residence at after (B).

(b)

Conforming amendment

Section 2156(b) of such title is amended by inserting in residence after course of instruction offered.

B

Reserve Component Management

521.

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—

(1)

by inserting , in accordance with regulations prescribed by the Secretary of Defense (or the Secretary of Homeland Security with respect to a member of the Coast Guard when the Coast Guard is not operating as a service in the Navy), after transferred; and

(2)

by striking under section 647 of this title.

522.

Authority to designate certain Reserve officers as not to be considered for selection for promotion

Section 14301 of title 10, United States Code, is amended by adding at the end the following new subsection:

(i)

Certain officers not To be considered for selection for promotion

The Secretary of the military department concerned may provide that an officer who is in an active status but in a duty status in which the only points the officer accrues under section 12732(a)(2) of this title are pursuant to subparagraph (C)(i) of such section (relating to membership in a reserve component) shall not be considered for selection for promotion at any time the officer otherwise would be so considered. The officer may remain on the reserve active-status list.

.

523.

Authority for assignment of Air Force Reserve military technicians (dual status) to positions outside Air Force Reserve unit program

Section 10216(d)(2) of title 10, United States Code, is amended by inserting or by the Air Force Reserve in an area other than the Air Force Reserve unit program before the period at the end.

524.

Authority for temporary employment of non-dual status technicians to fill vacancies caused by mobilization of military technicians (dual status)

(a)

Authority for temporary employment

Subsection (a) of section 10217 of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking or at the end;

(2)

in paragraph (2), by striking the period at the end and inserting ; or ; and

(3)

by adding at the end the following new paragraph:

(3)

is employed to fill a vacancy created by the mobilization of a military technician (dual status) occupying a position under section 10216 of this title for a period not longer than the shorter of—

(A)

the period of mobilization of the military technician (dual status) whose vacancy is being filled; or

(B)

two years.

.

(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).

.

525.

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

Education and Training

531.

Grade of commissioned officers in uniformed medical accession programs

(a)

Medical students of USUHS

Section 2114(b) of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking the second sentence and inserting the following new sentences: Each medical student shall be appointed as a regular officer in the grade of second lieutenant or ensign. An officer so appointed may, upon meeting such criteria for promotion as may be prescribed by the Secretary concerned, be appointed in the regular grade of first lieutenant or lieutenant (junior grade). Medical students commissioned under this section shall serve on active duty in their respective grades.; and

(2)

in paragraph (2), by striking grade of second lieutenant or ensign and inserting grade in which the member is serving under paragraph (1).

(b)

Participants in health professions scholarship and financial assistance program

Section 2121(c) of such title is amended—

(1)

in paragraph (1), by striking the second sentence and inserting the following new sentences: Each person so commissioned shall be appointed as a reserve officer in the grade of second lieutenant or ensign. An officer so appointed may, upon meeting such criteria for promotion as may be prescribed by the Secretary concerned, be appointed in the reserve grade of first lieutenant or lieutenant (junior grade). Medical students commissioned under this section shall serve on active duty in their respective grades for a period of 45 days during each year of participation in the program.; and

(2)

in paragraph (2), by striking grade of second lieutenant or ensign and inserting grade in which the member is serving under paragraph (1).

(c)

Officers detailed as students at medical schools

Subsection (e) of section 2004a of such title is amended—

(1)

in the subsection heading, by striking Appointment and treatment of prior active service and inserting Service on active duty; and

(2)

by striking paragraph (1) and inserting the following new paragraph (1):

(1)

A commissioned officer detailed under subsection (a) shall serve on active duty, subject to the limitations on grade specified in section 2114(b)(1) of this title and with the entitlement to basic pay as specified in section 2114(b)(2) of this title.

.

532.

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

(a)

Waiver authority

The Secretary of the military department concerned may waive the maximum age limitation in section 4346(a), 6958(a)(1), or 9346(a) of title 10, United States Code, in the case of any enlisted member of the Armed Forces—

(1)

who—

(A)

becomes 23 years of age while serving on active duty in the United States Central Command area of operations in connection with Operation Iraqi Freedom or Operation Enduring Freedom; or

(B)

was a candidate for admission to the military service academy concerned and was prevented from entering such academy before July 1 of the year in which the member became 23 years of age by reason of service described in subparagraph (A);

(2)

who possesses an exceptional overall record that sets the member apart from other candidates for admission to the military service academy concerned; and

(3)

who has not passed the member's twenty-sixth birthday on July 1 of the year in which the member enters the military service academy concerned pursuant to such waiver.

(b)

Limitation

The number of waivers by the Secretary of a military department under subsection (a) in any year may not exceed 5.

533.

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.

.

534.

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.

.

535.

Increase in number of private sector civilians authorized for admission to the 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.

536.

Modification of Junior Reserve Officers’ Training Corps minimum unit strength

(a)

Modification of minimum unit strength

Subsection (b)(1) of section 2031 of title 10, United States Code, is amended—

(1)

by striking 10 percent and all that follows through 8th grade and inserting 75, when total institutional enrollment does not exceed 1,000; and

(2)

by striking whichever is less and inserting if the total institutional enrollment exceeds 1,000.

(b)

Waiver authority

Such section is further amended—

(1)

by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively;

(2)

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

(c)

The Secretary of the military department concerned may waive the minimum enrollment requirement in subsection (b)(1) if the Secretary determines that the waiver is in the best interests of the armed force concerned or is necessary to provide a fair and equitable geographic distribution of units.

; and

(3)

in subsections (e) and (f), as so redesignated, by striking subsection (c)(1) and inserting subsection (d)(1).

537.

Increase in maximum age for prospective Reserve Officers' Training Corps financial assistance recipients

(a)

In general

Section 2107(a) of title 10, United States Code, is amended by striking 31 years and inserting 35 years.

(b)

Eligibility for members of Army Reserve and Army National Guard

Section 2107a(a)(1) of such title is amended by striking 31 years and inserting 35 years.

538.

Modification of education loan repayment programs

(a)

Enlisted members on active duty in specified military specialties

(1)

Repayment of education loan repayments

Section 2171 of title 10, United States Code, is amended by adding at the end the following new subsection:

(g)

Except in the case of 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.

.

(2)

Additional regulations

Subsection (f) of such section is amended—

(A)

by inserting (1) after (f); and

(B)

by adding at the end the following new paragraph:

(2)

The Secretary may, by regulation, prescribe 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 provide for the payment as a lump sum of any loan repayment under this section due a member who dies or becomes disabled under a written agreement that existed at the time of the member’s death or disability.

.

(b)

Members of Selected Reserve

(1)

Repayment of education loan repayments

Section 16301 of such title is amended—

(A)

by redesignating subsection (g) as subsection (h); and

(B)

by inserting after subsection (f) the following new subsection (g):

(g)

Except in the case of 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.

.

(2)

Additional regulations

Subsection (f) of such section is amended—

(A)

by inserting (1) after (f); and

(B)

by adding at the end the following new paragraph:

(2)

The Secretary may, by regulation, prescribe 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 provide for the payment as a lump sum of any loan repayment under this section due a member who dies or becomes disabled under a written agreement that existed at the time of the member’s death or disability.

.

539.

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—

(1)

by inserting in nursing after bachelor of science degree; and

(2)

by adding at the end the following new sentence: The capacity shall be apportioned each year among the armed forces to address any annual shortage of nursing accessions of each armed force..

(c)

Location of programs

Subsection (d) of such section is amended—

(1)

in the first sentence by striking a military installation and inserting a large military installation; and

(2)

in the second sentence by striking established must— and all that follows and inserting established must have a military treatment facility with 24-hour patient capability designated as a medical center located on the installation or within reasonable proximity to the installation..

(d)

Pilot program

(1)

Implementation

Paragraph (1) of section 525(d) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2287) is amended by striking July 1, 2011 and inserting August 31, 2012.

(2)

Graduation rates

Paragraph (3) of such section is amended—

(A)

by striking the pilot program shall achieve graduate rates and inserting goal of the pilot program shall be to achieve the capacity to graduate students at; and

(B)

by striking nurse training program and inserting nurse training programs.

540.

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

(a)

In general

Subsection (b) of section 2603 of title 10, United States Code, is amended by striking on active duty and all that follows and inserting the following: “as follows:

(1)

On active duty for a period at least three times the length of the period of the education or training.

(2)

In the case of a member of the Selected Reserve—

(A)

on active duty in accordance with paragraph (1); or

(B)

in the Selected Reserve for a period at least five times the length of the period of the education or training.

.

(b)

Technical amendments

Such section is further amended by striking Armed Forces each place it appears in subsections (a) and (b) and inserting armed forces.

(c)

Effective date

The amendment made by subsection (a) shall apply to agreements entered into under section 2603(b) of title 10, United States Code, after the date of the enactment of this Act.

541.

Health Professions Scholarship and Financial Assistance Program for Civilians

(a)

Health professions scholarship and financial assistance program

Chapter 105 of title 10, United States Code, is amended—

(1)

by redesignating subchapter II as subchapter III; and

(2)

by inserting after subchapter I the following new subchapter II:

II

Health Professions Scholarship and Financial Assistance Program for Civilians

Sec.

2129. Definitions.

2129a. Establishment.

2129b. Eligibility for participation.

2129c. Scholarships and financial assistance: payments.

2129d. Recipients of financial assistance: service agreements.

2129e. Recipients of financial assistance: employment by Department of Defense.

2129f. Expiration of authority.

2129.

Definitions

In this subchapter:

(1)

The term program means the Department of Defense Health Professions Scholarship and Financial Assistance Program for Civilians provided for in this subchapter.

(2)

The term member of the program means a person who has been selected for participation in the Department of Defense Health Professions Scholarship and Financial Assistance Program for Civilians.

(3)

The term course of study means education received on a full-time basis at an accredited college, university, or institution in medicine, dentistry, or other health profession leading to a degree related to the health professions, as determined under regulations prescribed by the Secretary of Defense.

(4)

The term specialized training means advanced training in a health professions specialty received in an accredited program that is beyond the basic education required for designation as a health professional.

(5)

The term healthcare occupations includes medical, dental, licensed clinical professionals (such as licensed clinical social workers and clinical psychologists), and other healthcare-related occupational specialties determined by the Secretary of Defense or the Secretary of a military department as critical for meeting the health care needs of members of the armed forces or their families for medical, behavioral, occupational, or other illnesses or injuries.

2129a.

Establishment

(a)

Establishment

For the purpose of obtaining adequate numbers of qualified civilian employees in various healthcare occupations, the Secretary of each military department may, under regulations prescribed by the Secretary of Defense, establish and maintain under this subchapter a health professions scholarship and financial assistance program for civilians.

(b)

Healthcare occupations To be covered by program

The Secretary of each military department shall review on a fiscal-year basis requirements of such military department within the various healthcare occupations, and shall annually publish a list of the healthcare occupations for which applications will be accepted by such military department under the program for that fiscal year.

(c)

Elements of program

The program shall consist of courses of study and specialized training in designated healthcare occupations, and include the required internships, residencies, and other service in designated Department of Defense medical facilities.

2129b.

Eligibility for participation

Under the program, the Secretary of a military department may award a scholarship in accordance with this subchapter to a person who—

(1)

is a citizen of the United States;

(2)

is accepted for admission to an accredited institution of higher learning to pursue a course of study that will lead to an undergraduate or graduate degree that would qualify the person to be employed in an occupation identified pursuant to section 2129a(b) of this title, or is already pursuing such a course of study; and

(3)

enters into a service agreement with the Secretary as described in section 2129d of this title.

2129c.

Scholarships and financial assistance: payments

(a)

Amount

The amount of financial assistance provided under a scholarship awarded to a person under this subchapter shall be an amount determined by the Secretary of the military department concerned for educational expenses, and expenses incurred by that person, including tuition, fees, cost of books, laboratory expenses, and equipment expenses, for pursuit of a course of study covered by the program

(b)

Payment under contract

The Secretaries of the military departments may contract with accredited civilian educational institutions for the payment of tuition and other educational expenses of members of the program. Such payment to such institutions may be made without regard to subsections (a) and (b) of section 3324 of title 31.

(c)

Monthly stipend authorized

In addition to a scholarship, a member of the program may be provided a stipend in addition to the expenses in subsection (a) at a monthly rate established by the Secretary of Defense, but not to exceed a total of $12,000 per year. The maximum amount of the stipend may be increased annually by the Secretary of Defense, effective July 1 each year.

(d)

Grants for participation in specialized training

A person participating as a member of the program in specialized training may be paid a grant in addition to any stipend under subsection (c) in an amount not to exceed $2,500 per year. The maximum amount of the grant may be increased annually by the Secretary of Defense, effective July 1 each year.

(e)

Recipient of funds

Financial assistance provided under this subchapter may be paid directly to the recipient or to an administering entity for disbursement of the funds.

(f)

Prohibition on assistance for employees

Financial assistance may not be provided under this subchapter to or on behalf of a person who is considered to be an employee, as that term is defined at section 2105 of title 5.

2129d.

Recipients of financial assistance: service agreements

(a)

Service agreements

(1)

To receive financial assistance under the program, a person shall enter into a written agreement to accept and continue employment in the Department of Defense in a qualifying healthcare occupation for the period of obligated service determined under subsection (b).

(2)

Each service agreement under this section shall include a requirement that, unless sooner removed from the program, the recipient of the financial assistance will—

(A)

complete the educational phase of the program;

(B)

participate in an intern program within the Department of Defense if selected for such participation; and

(C)

participate in a residency program within the Department of Defense if selected for such participation.

(b)

Obligated service

For the purposes of this subchapter, the period of obligated service to be specified in an agreement under this section for a recipient of financial assistance under this subchapter shall be the period determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for such financial assistance. The period of the service obligation required of a recipient shall be continuous and shall, at a minimum, be equal to the amount of time for which such financial assistance was provided. The period of obligated service under an agreement under this section is in addition to any other period for which the recipient is obligated to serve in the civilian service of the United States.

(c)

Additional terms and conditions

An agreement entered into under this section by a person pursuing an academic degree shall include any terms and conditions that the Secretary of Defense or the Secretary of the military department concerned determine necessary to protect the interests of the United States or to be otherwise appropriate for carrying out this subchapter, including flexibility in determining the geographic location of the position in which the period of obligated service will be performed.

(d)

Reimbursement for period of unserved obligated service

(1)

A member of the program under this subchapter who fails to complete the educational program for which financial assistance has been provided under this subchapter, fails to maintain satisfactory academic progress (as determined in accordance with regulations prescribed by the Secretary of Defense), or fails to carry out the terms of a service agreement entered into by the individual under this section shall reimburse to the United States an appropriate amount, as determined by the Secretary of the military department concerned.

(2)

An obligation to reimburse the United States an amount paid to a person as a member of the program that is imposed under paragraph (1) is for all purposes a debt owed to the United States.

(3)

The Secretary of Defense may waive, in whole or in part, a reimbursement required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.

(4)

A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this subchapter does not discharge the person signing the agreement from a debt arising under the agreement or under this subchapter.

2129e.

Recipients of financial assistance: employment by Department of Defense

(a)

Appointment authority

The Secretary of Defense—

(1)

may, without regard to any provision of title 5 governing appointment of employees to positions in the Department of Defense, appoint to a health professions position in the Department in the excepted service a person who has successfully completed an academic program for which a scholarship under this subchapter was awarded and who, under the terms of the agreement for such scholarship under this subchapter, owes a civil service commitment to the Department at the time of such appointment; and

(2)

may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of paragraph (1), convert the appointment of such person, without competition, to a career or career conditional appointment in the competitive service.

(b)

Termination of service agreement

If there is no appropriate position available within the Department of Defense after the end of the period covered by financial assistance under this subchapter, the service agreement between the Department and the financial assistance recipient concerned shall terminate with no adverse impact to the recipient.

2129f.

Expiration of authority

The authority to provide scholarships under this subchapter shall expire on September 30, 2015.

.

(b)

Technical amendments

(1)

Chapter heading

The chapter heading of chapter 105 of such title is amended by striking the first two words after the chapter designation.

(2)

Clerical amendments

(A)

Table of subchapters

The table of subchapters at the beginning of chapter 105 of such title is amended by striking the item relating to subchapter II and inserting the following new items:

II.Health Professions Scholarship and Financial Assistance Program for Civilians2129 III.Nurse Officer Candidate Accession Program2130a

.

(B)

Tables of chapters

The tables of chapters at the beginning of subtitle A, and at the beginning of part III of subtitle A, of such title are each amended by striking the first two words in the item relating to chapter 105.

542.

Annual report on Department of Defense graduate medical education programs

(a)

Annual report

Not later than April 1, 2011, and annually thereafter through 2015, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the graduate medical education programs of the Department of Defense.

(b)

Elements

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

(1)

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.

(2)

The status of each program referred to in paragraph (1), 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:

(A)

Initial accreditation.

(B)

Continued accreditation.

(C)

If applicable, probation, and the reasons for probationary status.

(D)

If applicable, withheld or withdrawn accreditation, and the reasons for such action.

(3)

A discussion of trends in the graduate medical education programs of the Department.

(4)

A discussion of challenges faced by such programs, and a description and assessment of strategies and plans to address such challenges.

(5)

Such other matters as the Secretary considers appropriate.

D

Defense Dependents' Education

551.

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 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $30,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b).

(b)

Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations

Of the amount authorized to be appropriated for fiscal year 2011 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572.

(c)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

552.

Impact aid for children with severe disabilities

Of the amount authorized to be appropriated for fiscal year 2011 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $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).

553.

Authority to expand eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents

Section 2164(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)
(A)

The Secretary may authorize the enrollment in an education 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 in the case of dependents of members of the armed forces described in subparagraph (B).

(B)

A member of the armed forces described in this subparagraph is any of the following:

(i)

A wounded, ill, or injured member of the armed forces who resides in temporary housing (regardless of whether the temporary housing is on Federal property).

(ii)

A member of the armed forces who resides in temporary housing (regardless of whether the temporary housing is on Federal property) due to an ongoing base housing privatization project.

.

E

Leave and Related Matters

556.

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, 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.

.

557.

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 chapter 40 of such title 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.

.

F

Military Justice Matters

561.

Reform of offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice

(a)

Rape and sexual assault generally

Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended as follows:

(1)

Revised offense of rape

Subsection (a) is amended to read as follows:

(a)

Rape

Any person subject to this chapter who commits a sexual act upon another person by—

(1)

using unlawful force against that other person;

(2)

using force causing or likely to cause death or grievous bodily harm to any person;

(3)

threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;

(4)

first rendering that other person unconscious; or

(5)

administering to that other person by force or threat of force, or without the knowledge or consent of that other person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;

is guilty of rape and shall be punished as a court-martial may direct.

.

(2)

Repeal of provisions relating to offenses replaced by new article 120b

Subsections (b), (d), (f), (g), (i), (j), and (o) are repealed.

(3)

Revised offense of sexual assault

Subsection (c) of such section is redesignated as subsection (b) and amended to read as follows:

(b)

Sexual assault

Any person subject to this chapter who—

(1)

commits a sexual act upon another person by—

(A)

threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping);

(B)

causing bodily harm to that other person;

(C)

making a fraudulent representation that the sexual act served a professional purpose when it served no professional purpose; or

(D)

inducing a belief by any artifice, pretense, or concealment that the person is another person;

(2)

commits a sexual act upon another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or

(3)

commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to—

(A)

impairment by any drug, intoxicant, or other similar substance, and that condition was known or reasonably should have been known by the person; or

(B)

a mental disease or defect, or physical disability, and that condition was known or reasonably should have been known by the person;

is guilty of sexual assault and shall be punished as a court-martial may direct.

.

(4)

Aggravated sexual contact

Subsection (e) is redesignated as subsection (c) and amended—

(A)

by striking engages in and inserting commits; and

(B)

by striking with and inserting upon.

(5)

Abusive sexual contact

Subsection (h) is redesignated as subsection (d) and amended—

(A)

by striking engages in and inserting commits;

(B)

by striking with and inserting upon; and

(C)

by striking subsection (c) (aggravated sexual assault) and inserting subsection (b) (sexual assault).

(6)

Repeal of provisions relating to offenses replaced by new article 120c

Subsections (k), (l), (m), and (n) are repealed.

(7)

Proof of threat

Subsection (p) is redesignated as subsection (e) and amended—

(A)

by striking the accused made and inserting a person made;

(B)

by striking the accused actually and inserting the person actually; and

(C)

by inserting before the period the following: “or had the ability to carry out the threat”.

(8)

Defenses

Subsection (q) is redesignated as subsection (f) and is amended to read as follows:

(f)

Defenses

An accused may raise any applicable defenses available under this chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.

.

(9)

Provisions relating to affirmative defenses

Subsections (r) and (s) are repealed.

(10)

Definitions

Subsection (t) is redesignated as subsection (g) and amended—

(A)

in paragraph (1)(B), by striking a hand or finger and inserting any part of the body;

(B)

by striking paragraph (2) and inserting the following:

(2)

Sexual contact

(A)

The term sexual contact means—

(i)

touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or

(ii)

any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person.

(B)

Touching may be accomplished by any part of the body.

;

(C)

by striking paragraph (4);

(D)

by redesignating paragraph (3) as paragraph (4);

(E)

by redesignating paragraph (8) as paragraph (3), transferring that paragraph so as to appear after paragraph (2), and amending that paragraph, as so redesignated and transferred, by inserting before the period at the end the following: “, including any nonconsensual sexual act or nonconsensual sexual contact”;

(F)

in paragraph (4), as redesignated by subparagraph (D), by striking the last sentence;

(G)

by striking paragraphs (5) and (7);

(H)

by redesignating paragraph (6) as paragraph (7);

(I)

by inserting after paragraph (4), as redesignated by subparagraph (D), the following new paragraphs (5) and (6):

(5)

Force

The term force means—

(A)

the use of a weapon;

(B)

the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or

(C)

inflicting physical harm sufficient to coerce or compel submission by the victim.

(6)

Unlawful force

The term unlawful force means an act of force done without legal justification or excuse.

;

(J)

in paragraph (7), as redesignated by subparagraph (H)—

(i)

by striking under paragraph (3) and all that follows through contact),; and

(ii)

by striking death, grievous bodily harm, or kidnapping and inserting the wrongful action contemplated by the communication or action.;

(K)

by striking paragraphs (9) through (13);

(L)

by redesignating paragraph (14) as paragraph (8) and in that paragraph—

(i)

by inserting (A) before The term;

(ii)

by striking words or overt acts indicating and sexual in the first sentence;

(iii)

by striking accused’s in the third sentence;

(iv)

in the fourth sentence—

(I)

by inserting or social or sexual before relationship; and

(II)

by striking sexual before conduct;

(v)

by striking A person cannot consent and all that follows through the period; and

(vi)

by adding at the end the following new subparagraphs:

(B)

A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (C) or (D) of subsection (b)(1).

(C)

Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person’s actions.

; and

(M)

by striking paragraphs (15) and (16).

(11)

Section heading

The heading of such section (article) is amended to read as follows:

920. Art. 120.

Rape and sexual assault generally

.

(b)

Rape and sexual assault of a child

Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 920a (article 120a) the following new section:

920b. Art. 120b.

Rape and sexual assault of a child

(a)

Rape of child

Any person subject to this chapter who—

(1)

commits a sexual act upon a child who has not attained the age of 12 years; or

(2)

commits a sexual act upon a child who has attained the age of 12 years by—

(A)

using force against any person;

(B)

threatening or placing that child in fear;

(C)

rendering that child unconscious; or

(D)

administering to that child a drug, intoxicant, or other similar substance;

is guilty of rape of a child and shall be punished as a court-martial may direct.
(b)

Sexual assault of a child

Any person subject to this chapter who commits a sexual act upon a child who has attained the age of 12 years is guilty of sexual assault of a child and shall be punished as a court-martial may direct.

(c)

Sexual abuse of a child

Any person subject to this chapter who commits a lewd act upon a child is guilty of sexual abuse of a child and shall be punished as a court-martial may direct.

(d)

Age of child

(1)

Under 12 years

In a prosecution under this section, it need not be proven that the accused knew the age of the other person engaging in the sexual act or lewd act. It is not a defense that the accused reasonably believed that the child had attained the age of 12 years.

(2)

Under 16 years

In a prosecution under this section, it need not be proven that the accused knew that the other person engaging in the sexual act or lewd act had not attained the age of 16 years, but it is a defense in a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the child had attained the age of 16 years, if the child had in fact attained at least the age of 12 years.

(e)

Proof of threat

In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.

(f)

Marriage

In a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), it is a defense, which the accused must prove by a preponderance of the evidence, that the persons engaging in the sexual act or lewd act were at that time married to each other.

(g)

Consent

Lack of consent is not an element and need not be proven in any prosecution under this section. A child cannot consent to any sexual act, lewd act, or use of force.

(h)

Definitions

In this section:

(1)

Sexual act and sexual contact

The terms sexual act and sexual contact have the meanings given those terms in section 920(g) of this title (article 120(g)).

(2)

Force

(A)

The term force means—

(i)

the use of a weapon;

(ii)

the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a child; or

(iii)

inflicting physical harm.

(B)

In the case of a parent-child or similar relationship, the use or abuse of parental or similar authority is sufficient to constitute the use of force.

(3)

Threatening or placing that child in fear

The term threatening or placing that child in fear means a communication or action that is of sufficient consequence to cause the child to fear that non-compliance will result in the child or another person being subjected to the action contemplated by the communication or action.

(4)

Child

The term child means any person who has not attained the age of 16 years.

(5)

Lewd act

The term lewd act means—

(A)

any sexual contact with a child;

(B)

intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person;

(C)

intentionally communicating indecent language to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or

(D)

any indecent conduct, intentionally done with or in the presence of a child, including via any communication technology, that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.

.

(c)

Other sexual misconduct

Such chapter (the Uniform Code of Military Justice) is further amended by inserting after section 920b (article 120b), as added by subsection (b), the following new section

920c. Art. 120c.

Other sexual misconduct

(a)

Indecent viewing, visual recording, or broadcasting

Any person subject to this chapter who, without legal justification or lawful authorization—

(1)

knowingly and wrongfully views the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy;

(2)

knowingly photographs, videotapes, films, or records by any means, the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy; or

(3)

knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in paragraphs (1) and (2);

is guilty of an offense under this section and shall be punished as a court-martial may direct.
(b)

Forcible pandering

Any person subject to this chapter who compels another person to engage in an act of prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct.

(c)

Indecent exposure

Any person subject to this chapter who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall by punished as a court-martial may direct.

(d)

Definitions

In this section:

(1)

Act of prostitution

The term act of prostitution means a sexual act or sexual contact (as defined in section 920(g) of this title (article 120(g))) for the purpose of receiving money or other compensation.

(2)

Private area

The term private area means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.

(3)

Reasonable expectation of privacy

The term under circumstances in which that other person has a reasonable expectation of privacy means—

(A)

circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the person was being captured; or

(B)

circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.

(4)

Broadcast

The term broadcast means to electronically transmit a visual image with the intent that it be viewed by a person or persons.

(5)

Distribute

The term distribute means to deliver to the actual or constructive possession of another, including transmission by electronic means.

(6)

Indecent manner

The term indecent manner means conduct that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.

.

(d)

Conforming amendments

Such chapter (the Uniform Code of Military Justice) is further amended as follows:

(1)

Statute of limitations

Section 843(b)(2)(B) (article 43(b)(2)(B)) is amended—

(A)

in clause (i), by striking section 920 of this title (article 120) and inserting section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c); and

(B)

in clause (v)—

(i)

by striking ; indecent assault; and inserting a comma; and

(ii)

by striking or liberties with a child.

(2)

Murder

Section 918(a)(4) (article 118(a)(4)) is amended by striking aggravated sexual assault, and all that follows through with a child, and inserting sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child,.

(e)

Clerical amendment

The table of sections at the beginning of subchapter X of such chapter (the Uniform Code of Military Justice) is amended by striking the items relating to sections 920 and 920a (articles 120 and 120a) and inserting the following:

920. Art. 120. Rape and sexual assault generally.

920a. Art. 120a. Stalking.

920b. Art. 120b. Rape and sexual assault of a child.

920c. Art. 120c. Other sexual misconduct.

.

(f)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to offenses committed on or after such date.

562.

Enhanced authority to punish contempt in military justice proceedings

(a)

In general

The text of section 848 of title 10, United States Code (article 48 of the Uniform Code of Military Justice), is amended to read as follows:

(a)

Authority To punish contempt

A military judge detailed to any 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 military commission may punish for contempt any person who—

(1)

uses any menacing word, sign, or gesture in its presence;

(2)

disturbs its proceedings by any riot or disorder; or

(3)

willfully disobeys the lawful writ, process, order, rule, decree, or command of same.

(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

The amendment made by this section shall apply with respect to acts of contempt described in section 848(a) of title 10, United States Code (article 48(a) of the Uniform Code of Military Justice), as amended by subsection (a), that are committed after the date of the enactment of this Act.

563.

Authority to compel production of documentary evidence prior to trial in military justice cases

(a)

Subpoena duces tecum

Section 847 of title 10, United States Code (article 47 of the Uniform Code of Military Justice), is amended—

(1)

in subsection (a)(1), by striking board; and inserting board, or has been duly issued a subpoena duces tecum for an investigation (including an investigation pursuant to section 832(b) of this title (article 32(b))); and; and

(2)

in subsection (c), by striking or board, and inserting board, trial counsel, or convening authority,.

(b)

Repeal of obsolete provisions relating to fees and mileage payable to witnesses

Such section is further amended—

(1)

in subsection (a)—

(A)

by striking paragraph (2); and

(B)

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

(2)

by striking subsection (d).

(c)

Technical amendments

Subsection (a) of such section is further amended by striking subpenaed in paragraphs (1) and (2) (as redesignated by subsection (b)(1)(B)) and inserting subpoenaed.

(d)

Effective date

The amendments made by this section shall apply with respect to subpoenas issued after the date of the enactment of this Act.

G

Awards and Decorations

566.

Cold War Service Medal

(a)

Medal authorized

The Secretary of Defense may authorize the issuance by the Secretaries concerned of a service medal, to be known as the Cold War Service Medal, to persons eligible to receive the medal under the regulations under subsection (b).

(b)

Regulations

(1)

In general

The issuance of a Cold War Service Medal under this section shall be subject to regulations prescribed by Secretary of Defense.

(2)

Elements

The regulations shall—

(A)

provide for an appropriate design for the Cold War Service Medal; and

(B)

specify the persons eligible to receive the medal.

(c)

Secretaries concerned defined

In this section, the term Secretaries concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

567.

Authority for award of Bronze Star medal to members of military forces of friendly foreign nations

(a)

Authority

Section 1133 of title 10, United States Code, is amended—

(1)

by striking awarded to a member and inserting “awarded to the following:

(1)

A member

; and

(2)

by adding at the end the following new paragraph:

(2)

A member of the military forces of a friendly foreign nation whose action leading to a recommendation for award of the decoration occurred in a geographic area for which members of the armed forces are authorized special pay under section 310 of title 37.

.

(b)

Clerical amendments

(1)

Section heading

The heading for such section is amended to read as follows:

1133.

Bronze star: limitation to members receiving imminent danger pay and members of military forces of friendly foreign nations in imminent-danger-pay areas

.

(2)

Table of sections

The item relating to such section in the table of sections at the beginning of chapter 57 of such title is amended to read as follows:

1133. Bronze star: limitation to members receiving imminent danger pay and members of military forces of friendly foreign nations in imminent-danger-pay areas.

.

568.

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 the Tech Sergeant Shinyei Matayoshi on April 7, 1945, as a member of Company G, 2d Battalion, 442d Regimental Combat Team during World War II.

569.

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.

H

Wounded Warrior Matters

571.

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 (PEB) during the evaluation of the member described in subsection (b).

(b)

Covered members

A member described in this subsection 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 assign contingent disability ratings in connection with a funding of fit for duty or otherwise provide for the reevaluation by a Physical Evaluation Board of 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.

.

(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.

572.

Authority to expedite background investigations for hiring of wounded warriors and spouses by the Department of Defense and defense contractors

Section 1564 of title 10, United States Code, is amended—

(1)

in subsection (d), by striking the Secretaries of the military departments and the heads of Defense Agencies and inserting the Secretaries of the military departments, the heads of Defense Agencies, and the Director of the Office of Personnel Management, as appropriate,; and

(2)

by adding at the end the following new subsection:

(f)

Expedited processing of security clearances for injured members and spouses

(1)

When a covered person declares in writing the intent to apply for a position as a Department of Defense employee or contractor, or a position with a Department of Defense contractor, for which a security clearance is required, the Secretary may conduct or, as appropriate, request the conduct of any background investigation required for the granting of that security clearance for that person in advance of the selection of that person for that position (and notwithstanding that that person has not been selected for the position at the time of the investigation).

(2)

For purposes of this subsection, a covered person is any of the following:

(A)

A member of the armed forces who is expected to be retired or separated under chapter 61 of this title.

(B)

The spouse of a member of the armed forces described in subparagraph (A).

(C)

The surviving spouse of a member of the armed forces who dies as a result of a wound, injuries, or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned).

(3)

When the Secretary initiates or requests a background investigation under this subsection with respect to a person who at that time is a covered person by reason of subparagraph (A) or (B) of paragraph (2), the investigation may be completed even if the person (or the spouse of the person, as the case may be) is retired or separated under chapter 61 of this title before the investigation is completed.

.

I

Military Family Readiness Matters

581.

Additional members of Department of Defense Military Family Readiness Council

(a)

Addition of spouse of general or admiral

Paragraph (1) of section 1781a(b) of title 10, United States Code, is amended by inserting before the period at the end of subparagraph (D) the following: , and one individual appointed by the Secretary who is the spouse of an officer serving in the grade of general or admiral.

(b)

Addition of Director of Office of Community Support for Military Families With Special Needs

Such paragraph is further amended by adding at the end the following new subparagraph:

(F)

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

.

(c)

Technical amendment

Subparagraph (E) of such paragraph is amended by striking the senior and all that follows through member and inserting the senior enlisted advisor, or the spouse of a senior enlisted member,.

582.

Enhancement of community support for military families with special needs

(a)

Additional responsibility for Office of Community Support for Military Families With Special Needs

Section 1781c(d) of title 10, United States Code, 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

.

(b)

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

Each 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 the National Defense Authorization Act for Fiscal Year 2011, 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, who shall be appointed by the Secretary for purposes of this subsection.

(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 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.

Pilot program on scholarships for military dependent children with special education needs

(a)

Pilot program required

(1)

In general

The Secretary of Defense shall, in conjunction with the Secretaries of the military departments, carry out a pilot program to assess the feasibility and advisability of awarding scholarships to military children with special education needs described in subsection (b) in order to cover the costs of such children in attending a school described in subsection (c) for the purpose of ensuring military children with special education needs a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living. Such scholarships shall be known as academic opportunity scholarships.

(2)

Purposes

The purposes of the pilot program shall be as follows:

(A)

To 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.

(B)

To develop options for military children with special education needs to attend public or private schools through scholarships.

(C)

To 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.

(D)

To assess timeliness in obtaining special education and related services described in subparagraph (C).

(E)

To identify and document improvements in academic performance of military children with special education needs as a result of the scholarships under the pilot program.

(F)

To determine and document the cost associated with obtaining special education and related services described in subparagraph (C) through such scholarships.

(3)

Criteria

The Secretary of Defense shall carry out the pilot program based on uniform criteria established by the Secretary, in consultation with the Secretary of Education or the appropriate State government agency.

(4)

Commencement

The Secretary of Defense shall commence carrying out the pilot program beginning with the 2011-2012 academic year.

(b)

Covered military dependent children

A military dependent child described in this subsection is a child who—

(1)

is a dependent of a member of the Armed Forces;

(2)

is a member of a family enrolled in the Exceptional Family Member program administered by the Secretary of the military department concerned;

(3)

is a child with a disability under section 602 of the Individuals with Disabilities Education Act; and

(4)

is covered by a current individualized education program developed and approved in accordance with section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414) or has been identified as needing special education and related services.

(c)

Covered schools

A school described in this subsection is any elementary or secondary school as follows:

(1)

A private elementary school or secondary school.

(2)

A public school in a local educational agency or location other than the local educational agency or location, as the case may be, in which the military dependent child concerned resides.

(3)

A public charter school in a local educational agency or location other than the local educational agency or location, as the case may be, in which the military dependent child concerned resides.

(d)

Amount, payment, and use of scholarship

(1)

Amount

The amount of the scholarship awarded a military dependent child under the pilot program for an academic year may not exceed the lesser of—

(A)

the amount required for such academic year for the payment of tuition, fees, transportation, and other expenses in connection with attendance at a school described in subsection (c) for the purpose specified in subsection (a); or

(B)

$7,500.

(2)

Payment

Payment of the amount of a scholarship awarded a military dependent child shall be made to the parent or guardian of the child for an academic year.

(3)

Use

Subject to regulations prescribed by the Secretary of Defense for purposes of the pilot program, the amount of the scholarship awarded a military dependent child shall be utilized for the payment of tuition, fees, transportation, and other expenses in connection with attendance at a school described in subsection (c) for the purpose specified in subsection (a).

(e)

Evaluation of performance of recipient military dependent children

(1)

In general

The Secretary of Defense shall conduct an evaluation of the performance of military dependent children awarded scholarships under the pilot program. The evaluation shall address the following:

(A)

The progress made by military dependent children awarded scholarships in academic and social performance.

(B)

The success of the scholarships in expanding choice in education and related services for military dependent children described in subsection (b).

(C)

The success of the scholarships in ensuring timely access of military dependent children described in subsection (b) to special education and related services required under their individualized education programs.

(D)

Such other matters as the Secretary considers appropriate.

(2)

Completion

The evaluation required by paragraph (1) shall be completed not later than December 31, 2015.

(f)

Options for improvement of educational opportunities for military children with special education needs

(1)

Development of options

The Secretary of the Defense shall, in consultation with the Secretary of Education, develop a variety of options for military families with children with special education needs to enhance the benefits available to such families and children under the Individuals with Disabilities Education Act and better assist such families in meeting such needs.

(2)

Actions

In developing actions under paragraph (1), the Secretaries shall consider the following:

(A)

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.

(B)

Means of improving oversight and compliance with the provisions of section 614 of the Individuals with Disabilities Education Act that require local educational agencies to support an existing individualized education program for a military 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.

(C)

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 such child.

(D)

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 such child.

(E)

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

(F)

Means to strengthen the monitoring and oversight of education and related services for military children with special education needs under the Interstate Compact on Educational Opportunities for Military Children.

(G)

Such other matters as the Secretaries jointly consider appropriate.

(g)

Reports

(1)

Report on improvements of educational opportunities

Not later than September 30, 2012, the Secretary of Defense shall submit to Congress a report setting forth the options developed under subsection (f). The report shall include—

(A)

a description of any options developed; and

(B)

recommendations for such legislative or administrative action as the Secretary of Defense and the Secretary of Education jointly consider appropriate to implement such options.

(2)

Report on implementation of pilot program

Not later than September 30, 2011, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the plans of the Secretary for the award of scholarships under the pilot program, including any regulations prescribed for purposes of subsection (d)(3).

(3)

Final report on pilot program

Not later than September 30, 2016, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the scholarships awarded under the pilot program. The report shall include—

(A)

a description of the scholarships awarded under the pilot program, including the number and amount of scholarships by school year;

(B)

the results of the evaluation required by subsection (e); and

(C)

such other matters as the Secretary considers appropriate.

(h)

Funding

Of the amounts authorized to be appropriated for the Department of Defense for a fiscal year for operation and maintenance, up to $5,000,000 may be available in such fiscal year to carry out the pilot program.

(i)

Sunset

The pilot program shall expire on September 30, 2016. No scholarship may be awarded under the pilot program for an academic year that begins on or after that date.

584.

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.

Department of Defense policy concerning homosexuality in the Armed Forces

(a)

Comprehensive Review on the Implementation of a Repeal of 10 U.S.C. § 654

(1)

In general

On March 2, 2010, the Secretary of Defense issued a memorandum directing the Comprehensive Review on the Implementation of a Repeal of 10 U.S.C. § 654 (section 654 of title 10, United States Code).

(2)

Objectives and scope of review

The Terms of Reference accompanying the Secretary’s memorandum established the following objectives and scope of the ordered review:

(A)

Determine any impacts to military readiness, military effectiveness and unit cohesion, recruiting/retention, and family readiness that may result from repeal of the law and recommend any actions that should be taken in light of such impacts.

(B)

Determine leadership, guidance, and training on standards of conduct and new policies.

(C)

Determine appropriate changes to existing policies and regulations, including but not limited to issues regarding personnel management, leadership and training, facilities, investigations, and benefits.

(D)

Recommend appropriate changes (if any) to the Uniform Code of Military Justice.

(E)

Monitor and evaluate existing legislative proposals to repeal 10 U.S.C. § 654 and proposals that may be introduced in the Congress during the period of the review.

(F)

Assure appropriate ways to monitor the workforce climate and military effectiveness that support successful follow-through on implementation.

(G)

Evaluate the issues raised in ongoing litigation involving 10 U.S.C. § 654.

(b)

Effective date

The amendments made by subsection (f) shall take effect 60 days after the date on which the last of the following occurs:

(1)

The Secretary of Defense has received the report required by the memorandum of the Secretary referred to in subsection (a).

(2)

The President transmits to the congressional defense committees a written certification, signed by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, stating each of the following:

(A)

That the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff have considered the recommendations contained in the report and the report’s proposed plan of action.

(B)

That the Department of Defense has prepared the necessary policies and regulations to exercise the discretion provided by the amendments made by subsection (f).

(C)

That the implementation of necessary policies and regulations pursuant to the discretion provided by the amendments made by subsection (f) is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.

(c)

No immediate effect on current policy

Section 654 of title 10, United States Code, shall remain in effect until such time that all of the requirements and certifications required by subsection (b) are met. If these requirements and certifications are not met, section 654 of title 10, United States Code, shall remain in effect.

(d)

Benefits

Nothing in this section, or the amendments made by this section, shall be construed to require the furnishing of benefits in violation of section 7 of title 1, United States Code (relating to the definitions of marriage and spouse and referred to as the Defense of Marriage Act).

(e)

No private cause of action

Nothing in this section, or the amendments made by this section, shall be construed to create a private cause of action.

(f)

Treatment of 1993 policy

(1)

Title 10

Upon the effective date established by subsection (b), chapter 37 of title 10, United States Code, is amended—

(A)

by striking section 654; and

(B)

in the table of sections at the beginning of such chapter, by striking the item relating to section 654.

(2)

Conforming amendment

Upon the effective date established by subsection (b), section 571 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 note) is amended by striking subsections (b), (c), and (d).

592.

Recruitment and enlistment of charter school graduates in the Armed Forces

(a)

Policy on recruitment and enlistment

(1)

Policy required

Not later than June 1, 2011, the Secretary of Defense shall prescribe a policy on the recruitment and enlistment in the Armed Forces of graduates of charter schools.

(2)

Uniformity across the Armed Forces

The policy required by paragraph (1) shall apply uniformly across the Armed Forces.

(b)

Elements

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

(1)

Means for identifying individuals who are graduates of charter schools as high school graduates for purposes of recruitment and enlistment in the Armed Forces.

(2)

Criteria for the designation of a charter school as a so-called Tier 1 school, which designation shall ensure that charter schools that provide an education equal to or better than the education provided by a secondary school are treated as the equivalent of high schools for all purposes of recruitment and enlistment in the Armed Forces.

(3)

A communication plan to ensure that the policy is understood by recruiting officials of all the Armed Forces, including field recruiters at the lowest level of command.

(4)

A formal procedure, including an appeal process, for States, local educational agencies, charter school associations, and individual charter schools to request and obtain designation as so-called Tier 1 schools under Department of Defense regulations.

593.

Updated terminology for the Army Medical Service Corps

Section 3068(a)(5) 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.

VI

Compensation and Other Personnel Benefits

A

Pay and Allowances

601.

Extension of authority for increase in basic allowance for housing for areas subject to major disaster or installations experiencing sudden increase in personnel

Section 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2009 and inserting December 31, 2012.

602.

Repeal of mandatory high-deployment allowance

(a)

Repeal of authority for payment of high-deployment allowance

Section 436 of title 37, United States Code, is repealed.

(b)

Clerical amendment

The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 436.

603.

Ineligibility of certain Federal Government employees for income replacement payments

(a)

Ineligibility for payment

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 is not entitled to a payment under this section for any period during which the employee is performing active duty service that is covered by section 5538 of title 5, or a similar benefit under another authority.

.

(b)

Effective date

The amendment made by subsection (a) shall apply to payment for months beginning on or after the date of the enactment of this Act.

604.

Report on costs incurred by members undergoing permanent change of duty station in excess of allowances

(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 expenses incurred by members of the Armed Forces ordered to make a change of permanent station that are in excess of the allowances payable for expenses of permanent change of station.

(b)

Elements

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

(1)

A description of the number of members of the Armed Forces who typically transport a second privately-owned vehicle to or from a non-foreign overseas location (including Alaska and Hawaii), and to or from a foreign overseas location, during a permanent change of station.

(2)

An assessment of the availability for members of the Armed Forces undergoing a permanent change of station of affordable privately-owned vehicles at non-foreign overseas locations, and at foreign overseas locations, including availability through sales between members of the Armed Forces.

(3)

A description of the expenses typically incurred by members of the Armed Forces with dependents in transporting a second privately-owned vehicle to or from a non-foreign overseas location (including Alaska and Hawaii), and to or from a foreign overseas location, during a permanent change of station.

(4)

A description of the expenses typically incurred by members of the Armed Forces when operating a privately-owned vehicle while traveling to the new permanent duty station during a permanent change of station.

(5)

The average cost incurred by a member of the Armed Forces ordered to make a change of permanent station for travel to the new permanent duty station to obtain a residence.

(6)

Such recommendations for legislative action as the Secretary considers appropriate in light of the findings of the report to better address the costs incurred by members of the Armed Forces in undergoing a permanent change of station.

605.

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.

B

Bonuses and Special and Incentive Pays

611.

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

The following sections of title 37, United States Code, are amended by striking December 31, 2010 and inserting December 31, 2011:

(1)

Section 308b(g), relating to Selected Reserve reenlistment bonus.

(2)

Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.

(3)

Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.

(4)

Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.

(5)

Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.

(6)

Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.

(7)

Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

612.

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

(a)

Title 10 authorities

The following sections of title 10, United States Code, are amended by striking December 31, 2010 and inserting December 31, 2011:

(1)

Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2)

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(b)

Title 37 authorities

The following sections of title 37, United States Code, are amended by striking December 31, 2010 and inserting December 31, 2011:

(1)

Section 302c-1(f), relating to accession and retention bonuses for psychologists.

(2)

Section 302d(a)(1), relating to accession bonus for registered nurses.

(3)

Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

(4)

Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.

(5)

Section 302h(a)(1), relating to accession bonus for dental officers.

(6)

Section 302j(a), relating to accession bonus for pharmacy officers.

(7)

Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.

(8)

Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.

613.

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

The following sections of title 37, United States Code, are amended by striking December 31, 2010 and inserting December 31, 2011:

(1)

Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.

(2)

Section 312b(c), relating to nuclear career accession bonus.

(3)

Section 312c(d), relating to nuclear career annual incentive bonus.

614.

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

The following sections of title 37, United States Code, are amended by striking December 31, 2010 and inserting December 31, 2011:

(1)

Section 331(h), relating to general bonus authority for enlisted members.

(2)

Section 332(g), relating to general bonus authority for officers.

(3)

Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.

(4)

Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(5)

Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(6)

Section 351(i), relating to hazardous duty pay.

(7)

Section 352(g), relating to assignment pay or special duty pay.

(8)

Section 353(j), relating to skill incentive pay or proficiency bonus.

(9)

Section 355(i), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

615.

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

The following sections of 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.

Travel and transportation allowances for attendance of members and certain other persons at Yellow Ribbon Reintegration Program events

(a)

Travel and transportation authorized

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 others 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, not more than three persons designated under subsection (b) by a member of the uniformed services attending a Yellow Ribbon Reintegration Program event may be provided travel and transportation allowances in order to accompany the member in attending such event if the Secretary concerned determines that the presence of such person or persons at such event may contribute to the purposes of such event for the member.

(b)

Designation of persons eligible for allowances

A member eligible for travel and transportation allowances under paragraph (1) of subsection (a) shall designate, in writing, the person or persons, if any, for whom travel and transportation allowances may be provided under paragraph (2) of that subsection. A member may revise a designation under this subsection at any time.

(c)

Form and amounts of allowances

(1)

Travel and transportation allowances under subsection (a) may be provided—

(A)

in the form of transportation in-kind;

(B)

in the form of reimbursement for actual and necessary expenses of travel;

(C)

in the form of per diem; or

(D)

in a combination of the forms specified in subparagraphs (A) through (C).

(2)

The amounts of reimbursement and rates of per diem payable under paragraph (1) may not exceed the amounts of reimbursement and rates of per diem established for similar travel under section 404(d) of this title.

(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 (10 U.S.C. 10101 note).

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item related to section 411k the following new item:

411l. Travel and transportation allowances: attendance of members and others at Yellow Ribbon Reintegration Program events.

.

622.

Authority for payment of full replacement value for loss or damage to household goods in certain 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 may, 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, 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; but

(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 chapter 163 of such title 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 March 1, 2008.

D

Disability, Retired Pay, and Survivor Benefits

631.

Repeal of automatic enrollment in Family Servicemembers' Group Life Insurance for members of the Armed Forces married to other members

Section 1967(a)(1) of title 38, United States Code, is amended—

(1)

in subparagraph (A)(ii), by inserting after insurable dependent of the member the following: (other than a dependent who is also a member of a uniformed service and, because of such membership, automatically insured under this paragraph); and

(2)

in subparagraph (C)(ii), by inserting after insurable dependent of the member the following: (other than a dependent who is also a member of a uniformed service and, because of such membership, automatically insured under this paragraph) .

632.

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

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).

.

VII

Health Care Provisions

A

TRICARE Program

701.

One-year extension of ceiling on charges for inpatient care under the TRICARE program

(a)

One-year extension

Section 1086(b)(3) of title 10, United States Code, is amended by striking September 30, 2010 and inserting September 30, 2011.

(b)

Effective date

The amendment made by subsection (a) shall take effect on October 1, 2010.

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 chapter of such title 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.

Recognition of licensed mental health counselors as authorized providers under the TRICARE program

(a)

In general

Section 1079(a)(13) of title 10, United States Code, is amended by inserting after certified nurse practitioner, the following: licensed mental health counselors,.

(b)

Regulations

The Secretary of Defense shall, in consultation with the other administering Secretaries, issue regulations for implementation of the revision made by subsection (a). Such regulations shall include qualifications, consistent with subsection (c), for licensed mental health counselors to be recognized as authorized to practice independently for purposes of reimbursement under the TRICARE program. Such regulations shall be issued as an interim final rule within 180 days of the date of the enactment of this Act.

(c)

Qualifications

The qualifications referred to in subsection (b) shall include the following:

(1)

The mental health counselor must be licensed for independent practice to diagnose and treat mental illness in mental health counseling by the jurisdiction where practicing. In jurisdictions with two or more licenses allowing for differing scopes of independent practice, the licensed mental health counselor may only practice within the scope of the license the mental health counselor possesses.

(2)

The mental health counselor must have passed the National Clinical Mental Health Counseling Examination.

(3)

The mental health counselor must possess a master’s or higher-level degree in mental health counseling from a regionally accredited institution. The mental health counseling or clinical mental health counseling program through which the degree was obtained must be accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP) or a similar accreditation program considered appropriate by the Secretary.

(4)

The mental health counselor must have a minimum of 2 years of post-master’s degree supervised mental health counseling practice which includes a minimum of 3,000 hours of supervised clinical practice and 100 hours of face-to-face supervision. This supervision must be provided by a mental health counselor who is licensed for independent practice in mental health counseling in the jurisdiction where practicing and must be conducted in a manner that is consistent with the guidelines for supervision of the American Mental Health Counselors Association.

(5)

The mental health counselor must agree that a patient's organic medical problems must receive appropriate concurrent management by a physician.

(d)

Transition provisions

The regulations required by subsection (b) shall also include transition provisions under which, for a period of time specified by the Secretary, mental health counselors meeting qualification standards prescribed by the Secretary may continue to be recognized as authorized providers under the TRICARE program for purposes of practice through referral and on-going supervision by a physician.

(e)

Definitions

In this section:

(1)

The term administering Secretaries has the meaning given that term in section 1072(3) of title 10, United States Code.

(2)

The term TRICARE program has the meaning given that term in section 1072(7) of title 10, United States Code.

704.

Plan for enhancement of quality, efficiencies, and savings in the military health care system

(a)

Plan 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 setting forth a plan for actions to be taken by the Secretary of Defense to enhance quality and efficiencies and secure additional cost savings under the TRICARE program and the other health care programs and activities of the Department of Defense that are funded by the Defense Health Program account.

(b)

Potential actions

In developing the plan required by subsection (a), the Secretary shall consider a variety of potential actions, including, but not limited to, the following:

(1)

Measures to increase the utilization of home delivery pharmacy.

(2)

Measures to reduce usage of emergency rooms for non-emergency health care.

(3)

Implementation of patient-centered medical home.

(4)

Mechanisms to reduce overhead and administrative expenses for health care provided directly by the Secretary and for health care provided under contract.

(5)

Full deployment of electronic health records management.

(6)

Mechanisms to improve patient safety and eliminate ineffective medical procedures.

(7)

The consolidation of support contracts.

(8)

The expansion of prevention and disease management programs.

(9)

Mechanisms to ensure consistency of health care and health care technology throughout the military health care system.

(10)

The establishment of a unified military medical command.

(c)

Anticipated savings

The report on the plan required by subsection (a) shall set forth, for each action specified in the plan, the following:

(1)

An estimate of the cost savings anticipated to be achieved by such action during the five fiscal years beginning with fiscal year 2011.

(2)

Metrics for evaluating the implementation of such action and for determining the amount of cost savings achieved by such action.

(d)

TRICARE program defined

In this section, the term TRICARE program has the meaning given that term in section 1072(7) of title 10, United States Code.

B

Health Care Administration

711.

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 medical condition of members before their deployment;

(ii)

accurately record any changes in their medical condition 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.

712.

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

(b)

Scope of policy

The policy required by subsection (a) shall address each of the following:

(1)

The administration of effective predeployment and postdeployment automated neurological cognitive assessments selected by the Department of Defense for its neurological cognitive assessment test program in compliance with section 1673 of the Wounded Warrior Act (title XVI of Public Law 110–181; 122 Stat. 482) for all members of the Armed Forces who are preparing to deploy and all members who have returned from deployment and have experienced an event which could result in traumatic brain injury or a concussion.

(2)

The method used by the Department to evaluate automated technologies to be used for neurological cognitive assessments of members of the Armed Forces before and after deployment.

(3)

A plan of outreach to members of the Armed Forces who received predeployment baseline cognitive ability assessments and experienced an event which could result in traumatic brain injury or a concussion for the purpose of conducting a consistent automated postdeployment cognitive assessment test and ensuring referral for follow-up care, as appropriate.

(4)

The standardization of testing procedures for neurological cognitive assessments of members of the Armed Forces throughout the Department.

(5)

The documentation of the results of automated neurological cognitive assessments of members of the Armed Forces in electronic form in the medical records of such members.

(6)

The compatibility of electronic documentation of cognitive assessment test results and follow-up referrals with the electronic health record systems of the Department of Defense and the Department of Veterans Affairs.

(7)

The feasibility of establishing an electronic longitudinal neurological cognitive assessment medical record for the on-going care of members and veterans throughout the Department of Defense and the Department of Veterans Affairs.

(8)

The availability of results and reports on automated neurological cognitive assessments of members of the Armed Forces to members of the Armed Forces and veterans for their personal use in health management.

(c)

Updates

The Secretary shall revise the policy required by subsection (a) on a periodic basis in accordance with experience and evolving best practice guidelines.

713.

Restoration of previous policy regarding restrictions on use of Department of Defense medical facilities

Section 1093 of title 10, United States Code, is amended—

(1)

by striking subsection (b); and

(2)

in subsection (a), by striking (a) Restriction on use of funds.—.

714.

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

(a)

Travel authorized

Section 1040(a) of title 10, United States Code, is amended—

(1)

by inserting (1) after (a); and

(2)

by adding at the end the following new paragraph:

(2)
(A)

For purposes of paragraph (1), required medical attention of a dependent includes, in the case of a dependent authorized to accompany a member at a location described in that paragraph, obstetrical anesthesia services for childbirth equivalent to the obstetrical anesthesia services for childbirth available in a military treatment facility in the United States.

(B)

In the case of a dependent at a remote location outside the continental United States who elects services described in subparagraph (A) and for whom air transportation would be needed to travel under paragraph (1) to the nearest appropriate medical facility at which adequate medical care is available, the Secretary may authorize the dependent to receive transportation under that paragraph to the continental United States and be treated at the military treatment facility that can provide appropriate obstetrical services that is nearest to the closest port of entry into the continental United States from such remote location.

(C)

The second through sixth sentences of paragraph (1) shall apply to a dependent provided transportation by reason of this paragraph.

(D)

The total cost incurred by the United States for the provision of transportation and expenses (including per diem) with respect to a dependent by reason of this paragraph may not exceed the cost the United States would otherwise incur for the provision of transportation and expenses with respect to that dependent under paragraph (1) if the transportation and expenses were provided to that dependent without regard to this paragraph.

(E)

The authority under this paragraph shall expire on September 30, 2015.

.

(b)

Report

Not later than September 30, 2013, the Assistant Secretary of Defense for Health Affairs shall submit to the Secretary of Defense and the Director of the Office of Management and Budget a report on the use of the authority under paragraph (2) of section 1040(a) of title 10, United States Code (as added by subsection (a)). The report shall—

(1)

identify associated costs and the effect of the use of the authority on obstetric care provided at overseas military treatment facilities; and

(2)

include the recommendation of the Assistant Secretary as to whether an extension of the authority is advisable.

715.

Clarification of authority for transfer of medical records from the Department of Defense to the Department of Veterans Affairs

(a)

In general

Section 1614(b)(11) of the Wounded Warrior Act (title XVI of Public Law 110–181; 122 Stat. 445; 10 U.S.C. 1071 note) is amended by inserting before the period at the end the following: “, or that such transfer is otherwise authorized by the regulations implementing such Act”.

(b)

Effective date

The amendment made by subsection (a) shall be effective as if included in section 1614 of such Act as enacted on January 28, 2008.

716.

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

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, United States Code, in response to an actual or potential disaster.

.

717.

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)

Medical caregivers.

(3)

Medical case managers.

(4)

Nonmedical case managers.

(5)

Military leaders.

(6)

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 clinical pharmacology.

(2)

Familiarization with principles on the utilization of pharmaceuticals in rehabilitation therapies.

(3)

Case studies on the utilization of pharmaceuticals for individuals with multiple, complex injuries, including Traumatic Brain Injury (TBI) and Post-Traumatic Stress Disorder (PTSD).

(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)

Proficiency

The Secretary of Defense may, in consultation with the Secretaries of the military departments, establish standards or requirements for the completion of training developed and implemented under subsection (a) and for proficiency in the matters covered by such training for all recipients of such training.

C

Reports

731.

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

(a)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the appropriate committees of Congress a report setting forth the results of a comprehensive review (conducted for purposes of the report) of the adequacy and effectiveness of the policies, procedures, and systems of the Department of Defense in providing support to members of the Armed Forces who experience traumatic injury as a result of a vaccination required by the Department.

(b)

Elements

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

(1)

The number and nature of traumatic injuries incurred by members of the Armed Forces as a result of a vaccination required by the Department of Defense each year since January 1, 2001, set forth by aggregate in each year and by military department in each year.

(2)

Such recommendations as the Secretary of Defense considers appropriate for improvements to the policies, procedures, and systems (including tracking systems) of the Department to identify members of the Armed Forces who experience traumatic injury as a result of a vaccination required by the Department.

(3)

Such recommendations as the Secretary of Defense considers appropriate for improvements to the policies, procedures, and systems of the Department to support members of the Armed Forces who experience traumatic injury as a result of the administration of a vaccination required by the Department.

(4)

In consultation with the Secretary of Veterans Affairs, an assessment by the Secretary of Defense of the advisability of extending Traumatic Servicemembers' Group Life Insurance under section 1980A of title 38, United States Code, to cover traumatic adverse reactions that result from vaccinations required by the Department.

(5)

If the extension described in paragraph (4) is determined not to be advisable, an identification of other Federal programs the Secretary of Defense considers appropriate to provide similar support to members of the Armed Forces who experience traumatic injury as a result of a vaccination required by the Department.

(c)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means—

(1)

the Committees on Armed Services and Veterans' Affairs of the Senate; and

(2)

the Committees on Armed Services and Veterans' Affairs of the House of Representatives.

732.

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).

VIII

Acquisition Policy, Acquisition Management, and Related Matters

A

Provisions Relating to Major Defense Acquisition Programs

801.

Improvements to structure and functioning of Joint Requirements Oversight Council

(a)

Vice Chairman of Joint Chiefs of Staff To Be chairman of Council

Subsection (c) of section 181 of title 10, United States Code, is amended—

(1)

in paragraph (1), by inserting Vice before Chairman of the Joint Chiefs of Staff;

(2)

in paragraph (2), by striking , other than the Chairman of the Joint Chiefs of Staff, and inserting under subparagraphs (B), (C), (D), and (E) of paragraph (1); and

(3)

by striking paragraph (3).

(b)

Role of commanders of combatant commands as members of Council

Paragraph (1) of subsection (c) of such section is further amended—

(1)

in subparagraph (D), by striking and at the end;

(2)

in subparagraph (E), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(F)

in addition, when directed by the chairman, the commander of any combatant command (or, as directed by that commander, the deputy commander of that command) when matters related to the area of responsibility or functions of that command will be under consideration by the Council.

.

(c)

Civilian advisors

(1)

Additional civilian advisors

Subsection (d) of such section is amended by striking The Under Secretary and all that follows through and expertise. and inserting: “The following officials of the Department of Defense shall serve as advisors to the Council on matters within their authority and expertise:

(A)

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

(B)

The Under Secretary of Defense (Comptroller).

(C)

The Under Secretary of Defense for Policy.

(D)

The Director of Cost Assessment and Program Evaluation.

(E)

The Director of Operational Test and Evaluation.

(F)

Such other civilian officials of the Department of Defense as are designated by the Secretary of Defense for purposes of this subsection.

.

(2)

Conforming amendment

Subsection (b)(3) of such section is amended by striking Under Secretary of Defense (Comptroller), the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Director of Cost Assessment and Performance Evaluation and inserting advisors to the Council under subsection (d).

(d)

Recognition of permanent nature of Council

Subsection (a) of such section is amended by striking The Secretary of Defense shall establish and inserting There is.

802.

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 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 specified in subsection (a)(6) are not to be used for the purpose of contract negotiations or the obligation of funds; and

(B)

cost estimates 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 estimates 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 developed pursuant to subsection (a)(6), but are excess to a cost estimate developed pursuant to paragraph (2), shall remain available for obligation in accordance with the terms of applicable authorization and appropriations Acts, but may not be obligated without the written approval of the Milestone Decision Authority for such major defense acquisition program or major automated information system program.

(4)

Funds described in paragraph (3)—

(A)

may be used—

(i)

to cover increased program costs, as reflected in a revised cost estimate developed pursuant to paragraph (2); or

(ii)

to acquire additional end items in accordance with the requirements of section 2308 of this title; and

(B)

may be reprogrammed, in accordance with established procedures, only if determined to be excess to program needs on the basis of a revised cost estimate developed pursuant to subsection (a)(6).

.

803.

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 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.

804.

Extension of reporting requirements for developmental test and evaluation and systems engineering in the military departments and Defense Agencies

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 2016 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 2016.

805.

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 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 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.

.

806.

Technical and clarifying amendments to Weapon Systems Acquisition Reform Act of 2009

(a)

Clarification that prototypes may be acquired from commercial, government, or academic sources

Paragraph (4) of section 203(a) of 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.

.

(b)

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.

.

(c)

Clarification that certain Milestone B certification criteria may be waived

(1)

Waiver authority

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 by striking specified in paragraphs (1) and (2) of subsection (a) both places it appears and inserting specified in paragraphs (1), (2), and (3) of subsection (a).

(2)

Determination regarding satisfaction of certification components

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.

(d)

Correction to reference

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 2433(a)(c)(1)(C).

B

Acquisition Policy and Management

811.

New acquisition process for rapid fielding of capabilities in response to urgent operational needs

(a)

New acquisition process required

(1)

In general

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a new acquisition process to ensure the rapid fielding of capabilities in response to urgent operational needs.

(2)

Elements

The acquisition process developed and implemented pursuant to this subsection shall, to the extent determined appropriate by the Secretary—

(A)

be consistent with—

(i)

the fifth recommendation of the July 2009 report of the Defense Science Board Task Force on Fulfillment of Urgent Operational Needs; and

(ii)

the recommendations of the April 2010 report of the Government Accountability Office on DOD’s Urgent Needs Processes;

(B)

clearly define 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)

designate 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), as added by section 811 of the Ronald Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2012), in appropriate circumstances;

(D)

be designed to provide a streamlined, expedited, and tightly integrated 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;

(E)

ensure that a target date is established for the fielding of a capability pursuant to each validated urgent operational need;

(F)

include 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; and

(G)

include an established, 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 needs.

(b)

Applicability of new process

(1)

Review of applicability of needs for fielding through 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 acquisition process developed and implemented pursuant to subsection (a) 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 established under this subsection 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 developed and implemented pursuant to subsection (a) is appropriate only for capabilities that—

(A)

can be fielded within a period of 2 to 24 months;

(B)

do not require substantial development effort;

(C)

are based on technologies that are proven and available; and

(D)

can be acquired under fixed price contracts.

(c)

Review of organization and funding for urgent operational needs

(1)

Review

The Secretary shall review the organization and funding of the Department of Defense for the rapid fielding of capabilities in response to urgent operational needs in order to develop such recommendations on the enhancement of such organization and funding as the Secretary consider appropriate.

(2)

Recommendations

The recommendations developed by the Secretary under paragraph (1) shall include, at a minimum, recommendations on the advisability of establishing a dedicated source of funding, and a new agency, dedicated to the rapid fielding of capabilities in response to urgent operational needs, as recommended by the Defense Science Board Task Force on Fulfillment of Urgent Operational Needs.

(d)

Testing requirements

(1)

Process for demonstration of performance

The acquisition process developed and implemented pursuant to this section shall include a process for demonstrating performance of capabilities in a manner that is consistent with the requirements of section 806(b)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note), the principles established in the July 2007 report to Congress pursuant to section 231 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2131), and the need for rapid fielding of capabilities in response to urgent operational needs.

(2)

Development of operation and developmental testing requirements

To the maximum extent practicable and consistent with the need for rapid fielding, operational and developmental testing requirements for capabilities covered by the acquisition process shall be developed in coordination with the Director of Operational Test and Evaluation and the Director of Developmental Test and Evaluation.

(e)

Follow-on production, sustainment, and logistics support

Not later than 270 days after the date of the enactment of this Act, the Secretary shall issue guidance to provide for the appropriate transition of capabilities fielded through the acquisition process developed and implemented pursuant to this section into the traditional budget, requirements, and acquisition process for purposes of contracts for follow-on production, sustainment, and logistics support.

(f)

Reports to Congress

(1)

Initial report

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the requirements of this section. Such report shall include, at a minimum, the following:

(A)

A description of the acquisition process developed and implemented pursuant to subsection (a).

(B)

A description of the expedited review process developed and implemented pursuant to subsection (b).

(C)

The results of the review conducted pursuant to subsection (c), including the recommendations described in that subsection.

(D)

A description of the testing process established pursuant to subsection (d).

(E)

A description of the transition guidance issued pursuant to subsection (e).

(F)

Such recommendations for such legislative action as the Secretary considers appropriate to enhance the utility of the expedited acquisition process required by this section.

(G)

Such other matters relating to the implementation of the requirements of this section as the Secretary considers appropriate, including such other recommendations as the Secretary considers appropriate.

(2)

Annual reports

Not later than 30 days after the end of fiscal year 2011, and 30 days after the end of each subsequent fiscal year through fiscal year 2016, the Secretary shall submit to the congressional defense committees a report on the rapid fielding of capabilities under the acquisition process developed and implemented pursuant to this section. Each such report shall include, at a minimum, the following:

(A)

The number and dollar value of acquisitions conducted pursuant to the acquisition process during the previous fiscal year.

(B)

An assessment of the successes and failures of acquisitions conducted pursuant to the acquisition process during the previous fiscal year.

(C)

An identification of each acquisition conducted pursuant to the acquisition process during the previous fiscal year in which a capability was not fielded by the target date established under this section, the reasons for the failure to field such capability by the target date, and the plans of the Department for fielding such capability.

(D)

A description of any plans of the Department to improve or enhance the acquisition process.

812.

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 the program; 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 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

(5)

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 primary business case 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.

.

813.

Permanent authority for Defense Acquisition Challenge Program

(a)

Permanent authority

Section 2359b of title 10, United States Code, is amended by striking subsection (k).

(b)

Repeal of annual report requirement

Such section is further amended by striking subsection (j).

(c)

Conforming amendment

Such section is further amended by redesignating subsection (l) as subsection (j).

814.

Exportability features for Department of Defense systems

(a)

Incorporation of exportability features during research and development on defense systems

(1)

In general

Chapter 139 of title 10, United States Code, is amended by inserting after section 2367 the following new section:

2368.

Defense systems identified for possible export: design and incorporation of exportability features during research and development

(a)

Exportability features for defense systems identified for possible future export

Subject to subsection (c), the Secretary of Defense may, during the research and development phases of any Department of Defense system identified for possible future export, carry out activities—

(1)

for the development of program protection strategies for the system; and

(2)

for the design and incorporation of exportability features into the system.

(b)

Use of research, development, test, and evaluation funds

(1)

Subject to the availability of appropriations for such purpose, the Secretary may use funds available to the Department of Defense for research, development, test, and evaluation for activities under this section.

(2)

The amount of funds described in paragraph (1) that are used under that paragraph in any fiscal year may not exceed $5,000,000.

(c)

Cost-sharing and recoupment

(1)

Any contract for the design or development of a system referred to in subsection (a) which contains a requirement to carry out activities specified in paragraph (1) or (2) of that subsection shall include a cost-sharing provision that requires the contractor to bear at least one half of the cost of such activities.

(2)

Any costs borne by the Department of Defense for activities specified in paragraph (1) or (2) of subjection (a) shall be subject to recoupment at the time of an export sale, in accordance with sections 21(e)(1)(B) and 22(a) of the Arms Export Control Act (22 U.S.C. 2671(e)(1)(B), 2762(a)).

(d)

Annual report

Not later than 90 days after the end of each fiscal year during which this section is in effect, the Secretary shall submit to the congressional defense committees a report on the defense systems for which exportability features were incorporated during research and development activities during such fiscal year.

(e)

Sunset

The authority under this section shall expire on September 30, 2016.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 139 of such title is amended by inserting after the item relating to section 2367 the following new item:

2368. Defense systems identified for possible export: design and incorporation of exportability features during research and development.

.

(b)

Report on exercise of authority

Not later than October 1, 2015, the Secretary of Defense shall submit to Congress a written report on actions taken under section 2368(a) of title 10, United States Code (as added by subsection (a)), since the date of the enactment of this Act. The report shall include a comprehensive assessment of the benefits and costs of exportability development under that section, including, for each system so developed, an analysis of the effects of such development on interoperability, deployment times for both domestic and foreign export versions of such system, system security, and system sales.

815.

Reduction of supply chain risk in the acquisition of national security systems

(a)

Use of qualification requirements to reduce supply chain risk

The head of an agency may, on the basis of a joint recommendation by the Director of the Defense Intelligence Agency and the Assistant Secretary of Defense for Networks and Information Integration—

(1)

establish qualification requirements, 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 or covered items of supply; and

(2)

restrict the procurement of a covered system or a covered item of supply to sources that meet qualification requirements established pursuant to paragraph (1).

(b)

Use of evaluation factors to reduce supply chain risk

The head of an agency may—

(1)

provide for the consideration of supply chain risk as a significant factor in the evaluation of proposals for the procurement of a covered system or a covered item of supply; and

(2)

utilize the assistance of the Director of the Defense Intelligence Agency and the Assistant Secretary of Defense for Networks and Information Integration in evaluating proposals with regard to such factor.

(c)

Exclusion of certain sources to reduce supply chain risk

If the head of an agency determines, on the basis of a joint recommendation by the Director of the Defense Intelligence Agency and the Assistant Secretary of Defense for Networks and Information Integration, that the exclusion of a particular source is necessary to avoid an unacceptable supply chain risk, the head of an agency may—

(1)

notwithstanding the requirements of section 2304(a) of title 10, United States Code, provide for the procurement of a covered system or a covered item of supply using competitive procedures, but excluding the particular source;

(2)

notwithstanding the requirements of section 2304c(b) of title 10, United States Code, provide for the award of a task or delivery order for a covered system or a covered item of supply under a multiple task or delivery order contract on the basis of a fair opportunity for all contractors to be considered, after excluding the particular source;

(3)

withhold consent for a contractor for a covered system or a covered item of supply to subcontract with the particular source; or

(4)

direct a contractor for a covered system or a covered item of supply to exclude the particular source from consideration for subcontracts under the contract.

(d)

Determinations

A determination under subsection (c) that the exclusion of a particular source is necessary to avoid an unacceptable supply chain risk—

(1)

shall be made in writing;

(2)

shall include—

(A)

the information required by section 2304(f)(3) of title 10, United States Code; and

(B)

the joint recommendation by the Director of the Defense Intelligence Agency and the Assistant Secretary of Defense for Networks and Information Integration as specified in subsection (c);

(3)

may not be delegated—

(A)

in the case of a procurement with an estimated value of $50,000,000 or more (including all options), below the level of head of an agency;

(B)

in the case of any other procurement, below the level of senior procurement executive for an agency;

(4)

shall not be subject to disclosure under section 552 of title 5, United States Code;

(5)

shall be made in the sole discretion of the head of an agency or senior procurement executive of an agency, as the case may be; and

(6)

shall not be subject to review in a bid protest before the Government Accountability Office or in any Federal court.

(e)

Reports

(1)

In general

Not later than 60 days after the end of each fiscal year in which the authority under this section is in effect, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority during the previous fiscal year.

(2)

Elements

Each report under this subsection shall include, at a minimum, for the fiscal year covered by such report the following:

(A)

A statistical summary of the contracts subject to qualification requirements under subsection (a), including information on numbers of contracts, contract award amounts, and categories of systems or items of supply addressed.

(B)

A statistical summary of the contracts subject to determinations under subsection (b), including information on numbers of contracts, contract award amounts, and categories of systems or items of supply addressed.

(C)

A statistical summary of the contracts subject to determinations under subsection (c), including information on numbers of contracts, contract award amounts, and categories of systems or items of supply addressed.

(D)

A description of each determination under subsection (c), including a summary of the information required by subsection (d)(2).

(f)

Definitions

In this section:

(1)

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), or any other supply item, the loss of integrity of which could result in a supply chain risk for a covered system.

(2)

The term covered system means a national security system, as that term is defined in section 3542(b) of title 44, United States Code.

(3)

The term head of an agency has the meaning given that term in section 2302(1) of title 10, United States Code.

(4)

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 or a covered item of supply so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of the system or item.

(g)

Sunset of authority to exclude sources

The authority to exclude sources as provided in subsection (c) shall expire on the date that is five years after the date of the enactment of this Act.

816.

Department of Defense policy on acquisition and performance of sustainable products and services

(a)

Finding

Congress finds that Executive Order No. 13514, dated October 5, 2009, requires the departments and agencies of the Federal Government to establish an integrated strategy towards the procurement of sustainable products and services.

(b)

Report

(1)

In general

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 status of the achievement by the Department of Defense of the objectives and goals on the procurement of sustainable products and services established by section 2(h) of Executive Order No. 13514.

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

A description of the actions taken, and to be taken, to promote the use of products and services described in section 2(h) of Executive Order No. 13514 for the purpose of achieving the objective that 95 percent of the new contracts of the Department of Defense, and of task and delivery orders under existing Department contracts, for products and services provide for the procurement of sustainable products and services when such products and services meet Department performance requirements.

(B)

A description of the actions taken, and to be taken, by the Department to identify particular sustainable products and services that contribute to the achievement of the objective described in subparagraph (A).

(C)

An assessment of the tools available to the Department to promote the use of particular sustainable products and services identified pursuant to the actions described in subparagraph (B) across the Department, and a description of the actions taken, and to be taken, by the Department to utilize such tools.

(D)

A description of strategies and tools identified by the Department that could assist the other departments and agencies of the Federal Government in procuring sustainable products and services, including a description of mechanisms for sharing best practices in such procurement, as identified by the Department, among the other departments and agencies of the Federal Government.

817.

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

(a)

Repeal

Section 2473 of title 10, United States Code, is repealed.

(b)

Clerical amendment

The table of sections at the beginning of chapter 146 of such title is amended by striking the item relating to section 2473.

818.

Prohibition on Department of Defense procurements from entities engaging in commercial activity in the energy sector of the Islamic Republic of Iran

(a)

Prohibition on contracts

The Secretary of Defense may not procure, or enter into any contract for the procurement of, any goods or services from any person or entity through a contract, grant, loan, or loan guarantee in an amount in excess of $1,000,000 unless the person or entity certifies to the Secretary that the person or entity—

(1)

does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note);

(2)

during any 12-month period beginning on or after the date that is one year before the date of the enactment of this Act, has not engaged in the sale of refined petroleum products valued at $1,000,000 to the Islamic Republic of Iran;

(3)

during any 12-month period beginning on or after the date that is one year before the date of the enactment of this Act, has not engaged in an activity valued at $1,000,000 or more that could contribute to enhancing the ability of the Islamic Republic of Iran to import refined petroleum products, including—

(A)

providing ships or shipping services to deliver refined petroleum products to the Islamic Republic of Iran;

(B)

underwriting or otherwise providing insurance or reinsurance for such an activity; or

(C)

financing or brokering such an activity;

(4)

during any 12-month period beginning on or after the date that is one year before the date of the enactment of this Act, has not engaged in the selling, leasing, or otherwise providing to the Islamic Republic of Iran any goods, services, or technology valued at $1,000,000 or more that could contribute to the maintenance or expansion of the capacity of the Islamic Republic of Iran to produce refined petroleum products; or

(5)

does not own or control any person or entity that engages in such activity.

(b)

Exceptions

The prohibition in subsection (a) shall not apply—

(1)

in the case of the procurement of defense articles or defense services—

(A)

under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States;

(B)

if the Secretary of Defense determines in writing that—

(i)

the person or entity to which such prohibition would otherwise be applied is a sole source supplier of such defense articles or services;

(ii)

such defense articles or services are essential; and

(iii)

alternative sources for such defense articles or services are not readily or reasonably available; or

(C)

if the Secretary determines in writing that such defense articles or services are essential to the national security under defense coproduction agreements; or

(2)

to—

(A)

spare parts that are essential to United States products or production;

(B)

component parts, but not finished products, that are essential to United States products or production; or

(C)

routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available.

(c)

Duration of prohibition

The prohibition in subsection (a) shall apply with respect to a person or entity (or successor person or entity)—

(1)

for a period of not less than 2 years beginning on the date on which the prohibition is imposed; or

(2)

until the date on which the Secretary of Defense determines and certifies to the congressional defense committees that—

(A)

the person or entity whose activities were the basis for imposing the prohibition is no longer engaging in such activities; and

(B)

the Secretary has received reliable assurances that such person or entity (or successor person or entity) will not knowingly engage in such activities in the future.

(d)

Waiver

(1)

In general

The Secretary of Defense may waive the prohibition in subsection (a) with respect to a procurement if the Secretary determines that the procurement is essential to the national security interests of the United States.

(2)

Notice

Upon issuing a waiver under paragraph (1) with respect to a procurement, the Secretary shall submit to the appropriate committees of Congress a notification that identifies the person or entity involved, the nature of the procurement, and the rationale for issuing the waiver.

(3)

Appropriate committees of Congress defined

In this subsection, the term appropriate committees of Congress means—

(A)

the Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs of the Senate; and

(B)

the Committees on Armed Services, Foreign Affairs, and Homeland Security of the House of Representatives

C

Amendments Relating to General Contracting Authorities, Procedures, and Limitations

831.

Pilot program on acquisition of military purpose nondevelopmental items

(a)

Pilot program authorized

(1)

In general

The Secretary of Defense may carry out a pilot program to assess the feasability and advisability of acquiring military purpose nondevelopmental items in accordance with this section.

(2)

Scope of program

Under the pilot program, the Secretary may enter into contracts with nontraditional defense contractors for the acquisition of military purpose nondevelopmental items in accordance with the streamlined procedures set forth in subsection (b).

(b)

Procedures

Each contract entered into under the pilot program—

(1)

shall be a firm, fixed price contract, or a firm, fixed price contract with an economic price adjustment clause;

(2)

shall be in an amount not in excess of $50,000,000, including all options;

(3)

shall provide—

(A)

for the delivery of an initial lot of production quantities of completed items not later than nine months after the date of the award of such contract; and

(B)

that failure to make delivery as provided for under subparagraph (A) may result in the termination of such contract for default; and

(4)

shall be—

(A)

exempt from the requirement to provide cost or pricing data under section 2306a of title 10, United States Code, and the cost accounting standards under section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422); and

(B)

subject to the requirement to provide data other than certified cost or pricing data for the purpose of price reasonableness determinations, as provided in section 2306a(d) of title 10, United States Code.

(c)

Treatment of items as developed exclusively at private expense

For purposes of this section, an item shall not be considered to be developed exclusively at private expense if development of the item was paid for in whole or in part through independent research and development costs or bid and proposal costs that have been reimbursed directly or indirectly by a Federal agency or have been submitted to a Federal agency for reimbursement.

(d)

Reports

(1)

Reports on program activities

Not later than 60 days after the end of the first fiscal year in which the pilot program is in effect, and each year thereafter, the Secretary shall submit to the congressional defense committees a report on the pilot program. Each report shall set forth, for each contract entered into under the pilot program in the preceding fiscal year, the following:

(A)

The contractor.

(B)

The item or items to be acquired.

(C)

The military purpose to be served by such item or items.

(D)

The amount of the contract.

(E)

The actions taken by the Department of Defense to ensure that the price paid for such item or items is fair and reasonable.

(2)

Program assessment

Not later than four years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the assessment of the Comptroller General of the extent to which the pilot program—

(A)

enabled the Department to acquire items that otherwise might not have been available to the Department;

(B)

assisted the Department in the rapid acquisition and fielding of capabilities needed to meet urgent operational needs; and

(C)

protected the interests of the United States in paying fair and reasonable prices for the item or items acquired.

(e)

Definitions

In this section:

(1)

The term military purpose nondevelopmental item mean a nondevelopmental item that meets a validated military requirement, as determined in writing by the responsible program manager, and has been developed exclusively at private expense.

(2)

The term nondevelopmental item has the meaning given that term in section 4(13) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(13)).

(3)

The term nontraditional defense contractor has the meaning given that term in section 845(f) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note).

(4)

The terms independent research and developments costs and bid and proposal costs have the meaning given such terms in section 31.205–18 of the Federal Acquisition Regulation.

(f)

Sunset

(1)

In general

The authority to carry out the pilot program shall expire on the date that is five years after the date of the enactment of this Act.

(2)

Continuation of current contracts

The expiration under paragraph (1) of the authority to carry out the pilot program shall not affect the validity of any contract awarded under the pilot program before the date of the expiration of the pilot program under that paragraph.

832.

Competition for production and sustainment and rights in technical data

(a)

Guidance

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance on the implementation of section 2320(e) of title 10, United States Code. Such guidance shall be designed to ensure that the United States—

(1)

preserves the option of competition for contracts for the production and sustainment of systems or subsystems that are developed exclusively with Federal funds or without significant contribution by a contractor or subcontractor; and

(2)

is not required to pay more than once for the same technical data.

(b)

Rights in technical data

Section 2320(a) of title 10, United States Code, is amended—

(1)

in paragraph (2)(A), by striking exclusively with Federal funds and inserting exclusively with Federal funds or without significant contribution by a contractor or subcontractor;

(2)

in paragraph (2)(F)(i)—

(A)

by redesignating clauses (I) and (II) as clauses (II) and (III), respectively; and

(B)

by inserting before clause (II), as so redesignated, the following new clause (I):

(I)

rights in technical data described in subparagraph (A) for which a use or release restriction has been erroneously asserted by a contractor or subcontractor;

; and

(3)

in paragraph (3)—

(A)

by striking and ‘exclusively at private expense’ and inserting ‘exclusively at private expense’, and ‘significant contribution by a contractor or subcontractor’; and

(B)

by striking for the purposes of definitions under this paragraph and inserting for the purposes of paragraph (2)(B).

(c)

Validation of proprietary data restrictions

(1)

Repeal of delimiting period on challenges of restrictions

Section 2321(d) of title 10, United States Code, is amended—

(A)

by striking paragraph (2); and

(B)

by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

(2)

Guidance on challenges to restrictions

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance on the circumstances under which a challenge to an asserted use or release restriction may be made after the end of the three-year period described in section 2321(c)(2) of title 10, United States Code. Such guidance shall be designed to ensure that such challenges are made only in cases where there is strong evidence that the asserted restriction is inconsistent with the requirements of section 2320, United States Code.

833.

Elimination of sunset date for protests of task and delivery order contracts

Section 2304c(e) of title 10, United States Code, is amended by striking paragraph (3).

834.

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

Section 845 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended—

(1)

in subsection (a)(2)—

(A)

in subparagraph (A), by inserting (including all options) after “not in excess of $100,000,000”; and

(B)

in subparagraph (B), by inserting (including all options) after in excess of $100,000,000; and

(2)

in subsection (e)(3)(A), by inserting (including all options) after does not exceed $50,000,000.

835.

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;

(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 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 imminent 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)

in paragraph (3)—

(A)

by striking the first sentence; and

(B)

by inserting if the Secretary makes a written determination that the use of such funds is necessary to address the deficiency concerned 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 fiscal year. after for that fiscal year;

(7)

in paragraph (4)—

(A)

by inserting , in consultation with the Director of the Office of Management and Budget, after shall;

(B)

by inserting or (3) after paragraph (1); and

(C)

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)—

(A)

by striking If items and inserting If the supplies; and

(B)

by striking items each place it appears and inserting supplies.

D

Contractor Matters

841.

Contractor business systems

(a)

Improvement program

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a program for the improvement of contractor business systems to ensure that such systems provide timely, reliable information for the management of Department of Defense programs by the contractor and by the Department.

(b)

Approval or disapproval of business systems

The program developed pursuant to subsection (a) shall—

(1)

include system requirements for each type of contractor business system covered by the program;

(2)

establish a process for reviewing contractor business systems and identifying significant deficiencies in such systems;

(3)

identify officials of the Department of Defense who are responsible for the approval or disapproval of contractor business systems;

(4)

provide that a contractor business system that meets the system requirements established under this subsection without significant deficiencies may be relied upon as an approved contractor business system for purposes of program management; and

(5)

provide for—

(A)

the disapproval of contractor business systems that have significant deficiencies; and

(B)

reduced reliance on, and enhanced scrutiny of, data provided by contractor business systems that have been disapproved.

(c)

Remedial actions

The program developed pursuant to subsection (a) shall provide the following:

(1)

In the event a contractor business system is disapproved pursuant to subsection (b)(5), appropriate officials of the Department of Defense will be available to work with the contractor to develop a corrective action plan defining specific actions to be taken to address the significant deficiencies identified in the system and a schedule for the implementation of such actions.

(2)

The Department may withhold up to ten percent of progress payments, performance-based payments, and interim payments under covered contracts from a covered contractor, as needed to protect the interests of the Department and to incentivize compliance, if one or more of the contractor business systems of the contractor has been disapproved pursuant to subsection (b)(5).

(3)

The amount of funds to be withheld under paragraph (2) shall be reduced if a contractor adopts and an effective corrective action plan pursuant to paragraph (1) and is effectively implementing such plan.

(d)

Guidance and training

The program developed pursuant to subsection (a) shall provide guidance and training to appropriate government officials on the data that is produced by contractor business systems and the manner in which such data should be used to effectively manage Department of Defense programs.

(e)

Definitions

In this section:

(1)

The term contractor business system means an accounting system, estimating system, purchasing system, earned value management system, material management and accounting system, or property management system of a contractor.

(2)

The term covered contractor means a contractor that is subject to the cost accounting standards under section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422).

(3)

The term covered contract means a cost-reimbursement contract, incentive-type contract, time-and-materials contract, and labor-hour contract.

(4)

The term significant deficiency, in the case of a contractor business system, means a shortcoming in the system that undermines the ability of officials of the Department of Defense and the contractor to rely upon information produced by the system that is needed for management purposes.

842.

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

(a)

Enhancement of oversight and accountability

Section 862 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2302 note) is amended—

(1)

in subsection (b)(2)—

(A)

in subparagraph (A), by striking comply with regulations and inserting ensure that the contractor and all employees of the contractor or any subcontractor who are responsible for performing private security functions under such contract comply with regulations;

(B)

in subparagraph (B)—

(i)

by striking comply with and all that follows through in accordance with and inserting ensure that the contractor and all employees of the contractor or any subcontractor who are responsible for performing private security functions under such contract comply with; and

(ii)

by striking and at the end;

(C)

in subparagraph (C), by striking the period at the end and inserting ; and; and

(D)

by adding at the end the following new subparagraph:

(D)

ensure that the contract clause is included in subcontracts awarded to any subcontractor at any tier who is responsible for performing private security functions under the contract.

;

(2)

by redesignating subsections (c) and (d) as subsections (f) and (g), respectively; and

(3)

by inserting after subsection (b) the following new subsections:

(c)

Oversight

It shall be the responsibility of the head of the contracting activity responsible for each covered contract to ensure that the contracting activity takes appropriate steps to assign sufficient oversight personnel to the contract to—

(1)

ensure that the contractor and any subcontractors responsible for performing private security functions under such contract comply with the regulatory requirements prescribed pursuant to subsection (a) and the contract requirements established pursuant to subsection (b); and

(2)

make the determinations required by subsection (d).

(d)

Remedies

The failure of a contractor or subcontractor under a covered contract to comply with the requirements of the regulations prescribed under subsection (a) or the contract clause inserted in a covered contract pursuant to subsection (b), as determined by the contracting officer for the covered contract—

(1)

shall be included in appropriate databases of past performance and considered in any responsibility determination or evaluation of the past performance of the contractor or subcontractor for the purpose of a contract award decision, as provided in section 6(j) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(j));

(2)

in the case of an award fee contract—

(A)

shall be considered in any evaluation of contract performance by the contractor or subcontractor for the relevant award fee period; and

(B)

may be a basis for reducing or denying award fees for such period, or for recovering all or part of award fees previously paid for such period; and

(3)

in the case of a failure to comply that is severe, prolonged, or repeated—

(A)

shall be referred to the suspension or debarment official for the appropriate agency; and

(B)

may be a basis for suspension or debarment of the contractor or subcontractor.

(e)

Rule of construction

The duty of a contractor or subcontractor under a covered contract to comply with the requirements of the regulations prescribed under subsection (a) and the contract clause inserted into a covered contract pursuant to subsection (b), and the availability of the remedies provided in subsection (d), shall not be reduced or diminished by the failure of a higher or lower tier contractor under such contract to comply with such requirements, or by a failure of the contracting activity to provide the oversight required by subsection (c).

.

(b)

Revised regulations and contract clause

(1)

Deadline for regulations

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall revise the regulations prescribed pursuant to section 862 of the National Defense Authorization Act for Fiscal Year 2008 to incorporate the requirements of the amendments made by subsection (a).

(2)

Commencement of applicability of revisions

The revision of regulations under paragraph (1) shall apply to the following:

(A)

Any contract that is awarded on or after the date that is 120 days after the date of the enactment of this Act.

(B)

Any task or delivery order that is entered on or after the date that is 120 days after the date of the enactment of this Act pursuant to a contract that is awarded before, on, or after the date that is 120 days after the date of the enactment of this Act.

(3)

Commencement of inclusion of contract clause

A contract clause that reflects the revision of regulations required by the amendments made by subsection (a) shall be inserted, as required by required by such section 862, into the following:

(A)

Any contract that is awarded on or after the date that is 120 days after the date of the enactment of this Act.

(B)

Any task or delivery order that is entered on or after the date that is 120 days after the date of the enactment of this Act pursuant to a contract that is awarded before, on, or after the date that is 120 days after the date of the enactment of this Act.

843.

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

(a)

Expansion of dispositions subject to authority

Section 823 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2412; 10 U.S.C. 2302 note) is amended—

(1)

in subsection (c), by adding at the end the following new paragraph:

(5)

A final determination of contractor fault by the Secretary of Defense pursuant to subsection (d).

;

(2)

by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(3)

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

(d)

Determinations of contractor fault by Secretary of Defense

(1)

In general

In any case described by paragraph (2), the Secretary of Defense shall—

(A)

provide for an expeditious independent investigation of the causes of the serious bodily injury or death alleged to have been caused by the contractor as described in that paragraph; and

(B)

make a final determination, pursuant to procedures established by the Secretary for purposes of this subsection, whether the contractor, in the performance of a covered contract, caused such serious bodily injury or death through gross negligence or with reckless disregard for the safety of civilian or military personnel of the Government.

(2)

Covered cases

A case described in this paragraph is any case in which the Secretary has reason to believe that a contractor, in the performance of a covered contract, may have caused the serious bodily injury or death of any civilian or military personnel of the Government.

(3)

Construction of determination

A final determination under this subsection may be used only for the purpose of evaluating contractor performance, and shall not be determinative of fault for any other purpose.

.

(b)

Definition of contractor

Paragraph (1) of subsection (e) of such section, as redesignated by subsection (a)(2) of this section, is amended to read as follows:

(1)

The term contractor means a company awarded a covered contract and a subcontractor at any tier under such contract.

.

(c)

Technical amendment

Subsection (c) of such section is further amended in the matter preceding paragraph (1) by striking subsection (a) and inserting subsection (b).

(d)

Inclusion of determinations of contractor fault in database for Federal agency contract and grant officers and suspension and debarment officials

Section 872(c)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4556) is amended by adding at the end the following new subparagraph:

(E)

A final determination of contractor fault by the Secretary of Defense pursuant to section 823(d) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2302 note).

.

(e)

Effective date

The requirements of section 823 of the National Defense Authorization Act for Fiscal Year 2010, as amended by subsections (a) through (c), shall apply with respect to the following:

(1)

Any contract entered into on or after the date of the enactment of this Act.

(2)

Any task order or delivery order awarded on or after the date of the enactment of this Act under a contract entered into before, on, or after that date.

E

Other Matters

851.

Extension of acquisition workforce personnel management demonstration program

Section 4308(f) of the National Defense Authorization Act for Fiscal Year 1996 (10 U.S.C. 1701 note) is amended by striking September 30, 2012 and inserting September 30, 2017.

852.

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

Section 2533a(c) of title 10, United States Code, is amended by striking subsection (b)(1) and inserting subsection (b).

853.

Five-year extension of Department of Defense Mentor-Protege Program

(a)

Extension of program

Subsection (j) of section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is amended—

(1)

in paragraph (1), by striking September 30, 2010 and inserting September 30, 2015; and

(2)

in paragraph (2), by striking September 30, 2013 and inserting September 30, 2018.

(b)

Extension of annual report requirement

Subsection (l)(3) of such section is amended by striking 2010 and inserting 2015.

854.

Extension and expansion of small business programs of the Department of Defense

(a)

Extension of SBIR Program

Section 9(m)(2) of the Small Business Act (15 U.S.C. 638(m)(2)) is amended by striking September 30, 2010 and inserting September 30, 2018.

(b)

Extension of STTR Program

Section 9(n)(1)(A)(ii) of the Small Business Act (15 U.S.C. 638(n)(1)(A)(ii)) is amended by striking 2010 and inserting 2018.

(c)

Extension and expansion of Commercialization Pilot Program

Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended—

(1)

in paragraphs (1), (2), and (4), by inserting and the Small Business Technology Transfer Program after Small Business Innovation Research Program; and

(2)

in paragraph (6), by striking 2010 and inserting 2018.

855.

Four-year extension of test program for negotiation of comprehensive small business subcontracting plans

(a)

Four-year extension

Subsection (e) of section 834 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is amended by striking September 30, 2010 and inserting September 30, 2014.

(b)

Additional report

Subsection (f) of such section is amended by inserting and March 1, 2012, after March 1, 1994,.

856.

Report on supply of fire resistant fiber for production of military uniforms

(a)

Report required

Not later than March 15, 2011, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the supply chain for fire resistant fiber for the production of military uniforms.

(b)

Elements

The report required by subsection (a) shall include, at a minimum, an analysis of the following:

(1)

The current and anticipated sources of fire resistant rayon fiber for the production of military uniforms.

(2)

The extent to which fire resistant rayon fiber has unique properties that provide advantages for the production of military uniforms.

(3)

The extent to which the efficient procurement of fire resistant rayon fiber for the production of military uniforms is impeded by existing statutory or regulatory requirements.

(4)

The actions the Department of Defense has taken to identify alternatives to fire resistant rayon fiber for the production of military uniforms.

(5)

The extent to which such alternatives provide an adequate substitute for fire resistant rayon fiber for the production of military uniforms.

(6)

The impediments to the use of such alternatives, and the actions the Department has taken to overcome such impediments.

(7)

The extent to which it would be practical and appropriate for the Department to use performance-based requirements for fire resistant fiber, rather than requiring the use of fire resistant rayon fiber, for the production of military uniforms.

(8)

The extent to which any modifications to section 2533a of title 10, United States Code (commonly referred to as the Berry amendment), or section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 229; 10 U.S.C. 2533a note) may be necessary or advisable to ensure the efficient acquisition of fire resistant fiber for the production of military uniforms.

(9)

The extent to which uncertainty regarding the future availability of fire resistant rayon results in instability or inefficiency for elements of the United States textile industry that utilize fire resistant rayon, and the extent to which that instability or inefficiency results in less efficient business practices, impedes investment and innovation, and thereby results or may result in higher costs, delayed delivery, or a lower quality of product delivered to the Government.

(c)

Recommendations

The report required by subsection (a) shall include such recommendations for further actions to address the matters covered by the report as the Comptroller General considers appropriate.

857.

Contractor logistics support of contingency operations

(a)

Defense Science Board review of organization, training, and planning

(1)

Review

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a review of Department of Defense organization, doctrine, training, and planning for contractor logistics support of contingency operations.

(2)

Matters To be addressed

The matters addressed by the review required by paragraph (1) shall include, at a minimum, the following:

(A)

Department of Defense policies and procedures for planning for contractor logistics support of contingency operations.

(B)

Department organization and staffing for the implementation of such policies and procedures.

(C)

The development of Department doctrine for contractor logistics support of contingency operations.

(D)

The training of Department military and civilian personnel for the planning, management, and oversight of contractor logistics support of contingency operations.

(E)

The extent to which the Department should rely upon contractor logistics support in future contingency operations, and the risks associated with reliance on such support.

(F)

Any logistics support functions for contingency operations for which the Department should establish or retain an organic capability.

(G)

The scope and level of detail on contractor logistics support of contingency operations that is currently included in operational plans, and that should be included in operational plans.

(H)

Contracting mechanisms and contract vehicles that are currently used, and should be used, to provide contractor logistics support of contingency operations.

(I)

Department organization and staffing for the management and oversight of contractor logistics support of contingency operations.

(J)

Actions that could be taken to improve Department management and oversight of contractors providing logistics support of contingency operations.

(K)

The extent to which logistics support of contingency operations has been, and should be, provided by subcontractors, and the advantages and disadvantages of reliance upon subcontractors for that purpose.

(L)

The extent to which logistics support of contingency operations has been, and should be, provided by local nationals and third country nationals, and the advantages and disadvantages of reliance upon such sources for that purpose.

(3)

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 result of the review required by paragraph (1). The report shall include the findings and recommendations of the Defense Science Board pursuant to the review, including such recommendations for legislative or administrative action as the Board considers appropriate, together with any comments the Secretary considers appropriate.

(b)

Inclusion of contractor support requirements in planning documents

(1)

Elements in QDR reports to Congress

Section 118(d) of title 10, United States Code, is amended—

(A)

in paragraph (4)—

(i)

in subparagraph (D), by striking and at the end;

(ii)

in subparagraph (E), by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following new subparagraph:

(F)

the roles and responsibilities that would be discharged by contractors.

;

(B)

in paragraph (6), by striking manpower and sustainment and inserting manpower, sustainment, and contractor support

(C)

in paragraph (8), by inserting , and the scope of contractor support, after Defense Agencies

(2)

Chairman of Joint Chiefs of Staff assessments of contractor support of Armed Forces

(A)

Assessments under contingency planning

Paragraph (3) of subsection (a) of section 153 of such title is amended—

(i)

by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and

(ii)

by inserting after subparagraph (B) the following new subparagraph (C):

(C)

Identifying the support functions that are likely to require contractor performance under such contingency plans, and the risks associated with the assignment of such functions to contractors.

.

(B)

Assessments under advice on requirements, programs, and budget

Paragraph (4)(E) of such subsection is amended by inserting and contractor support after area of manpower.

(C)

Assessments for biennial review of national military strategy

Subsection (d) of such section is amended—

(i)

in paragraph (2), by adding at the end the following new subparagraph:

(J)

Assessment of the requirements for contractor support of the armed forces in conducting peacetime training, peacekeeping, overseas contingency operations, and major combat operations, and the risks associated with such support.

; and

(ii)

in paragraph (3)(B), by striking and the levels of support from allies and other friendly nations and inserting the levels of support from allies and other friendly nations, and the levels of contractor support.

IX

Department of Defense Organization and Management

A

Department of Defense Management

901.

Repeal of personnel limitations applicable to certain defense-wide organizations and revisions to limitation applicable to the Office of the Secretary of Defense

(a)

Repeal of personnel limitations applicable to defense-wide organizations

(1)

Defense Agencies and DOD field activities

Section 194 of title 10, United States Code, is repealed.

(2)

Combatant commands

Section 601 of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (10 U.S.C. 194 note) is repealed.

(b)

Revisions to personnel limitation applicable to Office of the Secretary of defense

(1)

Removal of Washington headquarters service from osd limit

(A)

Subsection (a) of section 143 of title 10, United States Code, is amended by striking 3,767 and inserting 3,370.

(B)

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

(b)

OSD personnel defined

In this section, the term OSD personnel means members of the armed forces and civilian employees of the Department of Defense who are assigned or detailed to permanent duty in the Office of the Secretary of Defense.

.

(2)

Exemption for national emergencies

Such section is further amended by adding at the end the following new subsection:

(d)

Exemption during time of war or national emergency

The limitation in subsection (a) does not apply in time of war or during a national emergency declared by the President or Congress.

.

(c)

Technical and conforming amendments

(1)

Table of sections

The table of sections at the beginning of chapter 8 of title 10, United States Code, is amended by striking the item relating to section 194.

(2)

Section 1111

Section 1111 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 143 note) is amended—

(A)

in subsection (a)—

(i)

by striking For fiscal year 2009 and fiscal years thereafter, and inserting For any fiscal year,;

(ii)

by striking 194,; and

(iii)

in paragraph (1), by striking Code, or and all that follows through or otherwise and inserting Code, or otherwise; and

(B)

in subsection (b)—

(i)

by striking For fiscal year 2009 and fiscal years thereafter, and inserting For any fiscal year,;

(ii)

by striking 194,;

(iii)

in paragraph (1), by striking the after in accordance with; and

(iv)

in paragraph (2), by striking any after work, for.

902.

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

(a)

Redesignation of certain positions in Office of Secretary of Defense

(1)

Redesignation

Positions in the Office of the Secretary of Defense are hereby redesignated as follows:

(A)

The Director of Defense Research and Engineering is redesignated as the Assistant Secretary of Defense for Research and Engineering.

(B)

The Director of Operational Energy Plans and Programs is redesignated as the Assistant Secretary of Defense for Operational Energy Plans and Programs.

(C)

The Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs is redesignated as the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.

(2)

References

Any reference in any law, rule, regulation, paper, or other record of the United States to an office of the Department of Defense redesignated by paragraph (1) shall be deemed to be a reference to such office as so redesignated.

(b)

Amendments to chapter 4 of title 10 relating to reorganization

(1)

Repeal of separate Principal Deputy Under Secretary of Defense provisions

Sections 133a, 134a, and 136a of title 10, United States Code, are repealed.

(2)

Components of OSD

Subsection (b) of section 131 of such title is amended to read as follows:

(b)

The Office of the Secretary of Defense is composed of the following:

(1)

The Deputy Secretary of Defense.

(2)

The Under Secretaries of Defense, as follows:

(A)

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

(B)

The Under Secretary of Defense for Policy.

(C)

The Under Secretary of Defense (Comptroller).

(D)

The Under Secretary of Defense for Personnel and Readiness.

(E)

The Under Secretary of Defense for Intelligence.

(3)

The Deputy Chief Management Officer of the Department of Defense.

(4)

Other officers who are appointed by the President, by and with the advice and consent of the Senate and who report directly to the Secretary and Deputy Secretary without intervening authority, as follows:

(A)

The Director of Cost Assessment and Program Evaluation.

(B)

The Director of Operational Test and Evaluation.

(C)

The General Counsel of the Department of Defense.

(D)

The Inspector General of the Department of Defense.

(5)

The Principal Deputy Under Secretaries of Defense.

(6)

The Assistant Secretaries of Defense.

(7)

Other officials provided for by law, as follows:

(A)

The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation appointed pursuant to section 139b(a) of this title.

(B)

The Deputy Assistant Secretary of Defense for Systems Engineering appointed pursuant to section 139b(b) of this title.

(C)

The Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy appointed pursuant to section 139c of this title.

(D)

The Director of Small Business Programs appointed pursuant to section 144 of this title.

(E)

The Director of Defense Prisoner of War/Missing Personnel Oversight under section 1501(a) of this title.

(F)

The Director of Family Policy under section 1781 of this title.

(G)

The Director of the Office of Corrosion Policy and Oversight assigned pursuant to section 2228(a) of this title.

(H)

The official designated under section 2438(a) of this title to have responsibility for conducting and overseeing performance assessments and root cause analyses for major defense acquisition programs.

(8)

Such other offices and officials as may be established by law or the Secretary of Defense may establish or designate in the Office.

.

(3)

Principal Deputy Under Secretaries of Defense

Section 137a of such title is amended—

(A)

in subsections (a)(1), (b), and (d), by striking Deputy Under and inserting Principal Deputy Under;

(B)

in subsection (a)(2), by striking (A) The and all that follows through (5) of subsection (c) and inserting The Principal Deputy Under Secretaries of Defense;

(C)

in subsection (c)—

(i)

in paragraphs (1), (2), (3), (4), and (5), by striking One of the Deputy and inserting One of the Principal Deputy;

(ii)

in paragraphs (1), (2), and (3), by striking appointed and all that follows through this title;

(iii)

in paragraphs (4) and (5), by striking shall be and inserting is; and

(iv)

in paragraph (5), by adding inserting before the period at the end the following: , who shall be appointed from among persons who have extensive expertise in intelligence matters; and

(D)

in subsection (d), by adding at the end the following new sentence: The Principal Deputy Under Secretaries shall take precedence among themselves in the order prescribed by the Secretary of Defense..

(4)

Assistant Secretaries of Defense generally

Section 138 of such title is amended—

(A)

in subsection (a)—

(i)

in paragraph (1), by striking 12 and inserting 16; and

(ii)

in paragraph (2), by striking (A) The and all that follows through The other and inserting The;

(B)

in subsection (b)—

(i)

in paragraphs (2), (3), (4), (5), and (6), by striking shall be and inserting is;

(ii)

in paragraph (7), by striking appointed pursuant to section 138a of this title; and

(iii)

by adding at the end the following new paragraphs:

(8)

One of the Assistant Secretaries is the Assistant Secretary of Defense for Research and Engineering. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Research and Engineering shall have the duties specified in section 138b of this title.

(9)

One of the Assistant Secretaries is the Assistant Secretary of Defense for Operational Energy Plans and Programs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Operational Energy Plans and Programs shall have the duties specified in section 138c of this title.

(10)

One of the Assistant Secretaries is the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall have the duties specified in section 138d of this title.

; and

(C)

in subsection (d), by striking and the Director of Defense Research and Engineering and inserting the Deputy Chief Management Officer of the Department of Defense, the officials serving in positions specified in section 131(b)(4) of this title, and the Principal Deputy Under Secretaries of Defense.

(5)

Assistant Secretary for Logistics and Materiel Readiness

Section 138a(a) of such title is amended—

(A)

by striking There is a and inserting The; and

(B)

by striking , appointed from civilian life by the President, by and with the advice and consent of the Senate. The Assistant Secretary.

(6)

Assistant Secretary for Research and Engineering

Section 139a of such title is transferred so as to appear after section 138a, redesignated as section 138b, and amended—

(A)

by striking subsection (a);

(B)

by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;

(C)

in subsection (a), as so redesignated, by striking Director of Defense Research and Engineering and inserting Assistant Secretary of Defense for Research and Engineering; and

(D)

in subsection (b), as so redesignated—

(i)

in paragraph (1), by striking Director of Defense Research and Engineering, and inserting Assistant Secretary of Defense for Research and Engineering,; and

(ii)

in paragraph (2), by striking Director and inserting Assistant Secretary.

(7)

Assistant Secretary for Operational Energy Plans and Programs

Section 139b of such title is transferred so as to appear after section 138b (as transferred and redesignated by paragraph (6)), redesignated as section 138c, and amended—

(A)

in subsection (a), by striking There is a and all that follows through The Director and inserting The Assistant Secretary of Defense for Operational Energy Plans and Programs;

(B)

by striking Director each place it appears and inserting Assistant Secretary;

(C)

in subsection (d)(2)—

(i)

by striking Not later than and all that follows through military departments and inserting The Secretary of each military department;

(ii)

by striking who will and inserting who shall; and

(iii)

by inserting so designated after The officials; and

(D)

in subsection (d)(4), by striking The initial and all that follows through updates to the strategy and inserting Updates to the strategy required by paragraph (1).

(8)

Assistant Secretary for Nuclear, Chemical, and Biological Defense Programs

Section 142 of such title is transferred so as to appear after section 138c (as redesignated and transferred by paragraph (7)), redesignated as section 138d, and amended—

(A)

by striking subsection (a);

(B)

by redesignating subsection (b) as subsection (a) and in that subsection, as so redesignated, by striking The Assistant to the Secretary and inserting The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs; and

(C)

by striking subsection (c) and inserting the following new subsection (b):

(b)

The Assistant Secretary may communicate views on issues within the responsibility of the Assistant Secretary directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense.

.

(c)

Deputy Chief Management Officer

(1)

In general

Chapter 4 of title 10, United States Code, is further amended by inserting after section 132 the following new section:

132a.

Deputy Chief Management Officer

(a)

Appointment

There is a Deputy Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.

(b)

Responsibilities

The Deputy Chief Management Officer assists the Deputy Secretary of Defense in the Deputy Secretary's capacity as Chief Management Officer of the Department of Defense under section 132(c) of this title.

(c)

Precedence

The Deputy Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, and the Under Secretaries of Defense.

.

(2)

Conforming amendment

Section 132(c) of such title is amended by striking the second sentence.

(d)

Senior official responsible for performance assessments and root cause analyses of MDAPs

Section 103 of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23; 123 Stat. 1715; 10 U.S.C. 2430 note) is transferred to chapter 144 of title 10, United States Code, inserted so as to appear after section 2437, redesignated as section 2438, and amended—

(1)

in subsection (b)(2), by striking section 2433a(a)(1) of title 10, United States Code (as added by section 206(a) of this Act) and inserting section 2433a(a)(1) of this title;

(2)

in subsection (b)(5)—

(A)

by striking section 2433a of title 10, United States Code (as so added) and inserting section 2433a of this title; and

(B)

by striking prior to both places it appears and inserting before;

(3)

in subsection (d), by striking section 2433a of title 10, United States Code (as so added) and inserting section 2433a of this title; and

(4)

in subsection (f), by striking beginning in 2010,.

(e)

Redesignation of DDTE as Deputy Assistant Secretary for Developmental Test and Evaluation and DSE as Deputy Assistant Secretary of Defense for Systems Engineering

Section 139c of title 10, United States Code, is amended—

(1)

by striking Director of Developmental Test and Evaluation each place it appears and inserting Deputy Assistant Secretary of Defense for Developmental Test and Evaluation;

(2)

by striking Director of Systems Engineering each place it appears and inserting Deputy Assistant Secretary of Defense for Systems Engineering;

(3)

in subsection (a)—

(A)

by striking the subsection heading and inserting Deputy Assistant Secretary of Defense for Developmental Test and Evaluation.—;

(B)

by striking Director each place it appears in paragraphs (2), (3), and (6) and inserting Deputy Assistant Secretary;

(C)

in paragraph (4), by striking the paragraph heading and inserting Coordination with Deputy Assistant Secretary of Defense for Systems Engineering.—;

(D)

in paragraph (5), by striking Director in the matter preceding subparagraph (A) and inserting Deputy Assistant Secretary; and

(E)

in paragraph (6), by striking Director's and inserting Deputy Assistant Secretary's; and

(4)

in subsection (b)—

(A)

by striking the subsection heading and inserting Deputy Assistant Secretary of Defense for Systems Engineering.—;

(B)

by striking Director each place it appears in paragraphs (2), (3), (5), and (6) and inserting Deputy Assistant Secretary;

(C)

in paragraph (4), by striking the paragraph heading and inserting Coordination with Deputy Assistant Secretary of Defense for Developmental Test and Evaluation.—; and

(D)

in paragraph (6), by striking Director's and inserting Deputy Assistant Secretary's.

(f)

Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy

(1)

Reorganization of certain provisions within chapter 4 to account for other transfers of provisions

Chapter 4 of title 10, United States Code, is further amended by redesignating sections 139c and 139d (as amended by subsection (e)) as sections 139a and 139b, respectively.

(2)

Deputy Assistant Secretary

Such chapter is further amended by inserting after section 139b, as redesignated by paragraph (1), the following new section 139c:

139c.

Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy

(a)

Appointment

There is a Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy, who shall be appointed by the Under Secretary of Defense for Acquisition, Technology, and Logistics and shall report to the Under Secretary.

(b)

Responsibilities

The Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy shall be the principal advisor to the Under Secretary of Defense for Acquisition, Technology, and Logistics in the performance of the Under Secretary's duties relating to the following:

(1)

Establishing policies of the Department of Defense for maintenance of the defense industrial base of the United States.

(2)

Executing the authorities of the Manufacturing Technology Program under section 2521 of this title.

(3)

Establishing the national security objectives concerning the national technology and industrial base required under section 2501 of this title.

(4)

Executing the national defense program for analysis of the national technology and industrial base required under section 2503 of this title.

(5)

Performing the national technology and industrial base periodic defense capability assessments required under section 2505 of this title.

(6)

Establishing the technology and industrial base policy guidance required under section 2506 of this title.

(7)

Maintaining the defense industrial base information system required under section 722 of the Defense Production Act of 1950 (50 U.S.C. App. 2171).

(8)

Executing other applicable authorities provided under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.).

(9)

Establishing policies related to international technology security and export control issues.

(10)

Establishing policies related industrial independent research and development programs under section 2372 of this title.

(11)

Such other matters as the Secretary of Defense or the Under Secretary shall prescribe.

.

(g)

Clarification of head of Office for Missing Personnel

Section 1501(a) of title 10, United States Code, is amended—

(1)