[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3455 Placed on Calendar Senate (PCS)]
Calendar No. 415
111th CONGRESS
2d Session
S. 3455
To authorize appropriations for fiscal year 2011 for military
activities of the Department of Defense, to prescribe military
personnel strengths for such fiscal year, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2010
Mr. Levin, from the Committee on Armed Services reported, under
authority of the order of the Senate of May 28 (legislative day, May
26), 2010, the following original bill; which was read twice and placed
on the calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2011 for military
activities of the Department of Defense, to prescribe military
personnel strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense Authorization
Act for Fiscal Year 2011''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. 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 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.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement for the Army, the Navy and the Marine Corps, the Air
Force, and Defense-wide activities, as specified in the funding table
in section 4101.
Subtitle B--Army Programs
SEC. 111. AIRBORNE COMMON SENSOR AND ENHANCED MEDIUM ALTITUDE
RECONNAISSANCE AND SURVEILLANCE SYSTEM.
(a) Limitation on Availability of Funding Pending Certification.--
None of the amounts authorized to be appropriated for fiscal year 2011
by section 101 for procurement for the Army and made available by the
funding table in section 4101 for aircraft procurement for the Army may
be obligated or expended for a program specified in subsection (b)
until the Assistant Secretary of the Army (Acquisition, Logistics, and
Technology) certifies to the congressional defense committees that such
program--
(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.
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR FUNDING FOR DETAIL DESIGN AND CONSTRUCTION OF LHA
REPLACEMENT SHIP DESIGNATED LHA-7.
(a) Authority to Use Multiple Years of Funding.--The Secretary of
the Navy may enter into a contract for detail design and construction
of the LHA Replacement ship designated LHA-7 that provides that,
subject to subsection (b), funds for payments under the contract may be
provided from amounts authorized to be appropriated for the Department
of Defense for Shipbuilding and Conversion, Navy, for fiscal years 2011
and 2012.
(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.
SEC. 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.
SEC. 123. REPORTS ON SERVICE LIFE EXTENSION OF F/A-18 AIRCRAFT BY THE
DEPARTMENT OF THE NAVY.
(a) Business Case Analysis of Service Life Extension of F/A-18
Aircraft.--Before the Secretary of the Navy can enter into a program to
extend the service life of F/A-18 aircraft beyond 8,600 hours he must--
(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).
SEC. 124. INCLUSION OF BASIC AND FUNCTIONAL DESIGN IN ASSESSMENTS
REQUIRED PRIOR TO START OF CONSTRUCTION OF FIRST SHIP OF
A SHIPBUILDING PROGRAM.
(a) Inclusion in Assessments.--Subsection (b)(1) of section 124 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 28; 10 U.S.C. 7291 note) is amended by inserting
``(and in particular completion of basic and functional design)'' after
``completion of detail design''.
(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.''.
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E, F/A-18F, AND EA-
18G FIGHTER AIRCRAFT.
With respect to the multiyear procurement of F/A-18E, F/A-18F, and
EA-18G fighter aircraft:
(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.
Subtitle D--Joint and Multiservice Matters
SEC. 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.
SEC. 142. CONTRACTS FOR COMMERCIAL IMAGING SATELLITE CAPACITIES.
(a) Telescope Requirements Under Contracts After 2010.--Any
contract for additional commercial imaging satellite capability or
capacity entered into by the Department of Defense after December 31,
2010, shall require that the imaging telescope providing such
capability or capacity under such contract has an aperture of not less
than 1.5 meters.
(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.
SEC. 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.
SEC. 144. INTEGRATION OF SOLID STATE LASER SYSTEMS INTO CERTAIN
AIRCRAFT.
(a) Analysis of Feasability Required.--The Secretary of Defense
shall conduct an analysis of the feasability of integrating solid state
laser systems into the aircraft platforms specified in subsection (b)
for purposes of permitting such aircraft to accomplish their missions,
including to provide close air support.
(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.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Department of Defense for research, development,
test, and evaluation as specified in the funding table in section 4201.
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.
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.
SEC. 212. LIMITATION ON USE OF FUNDS BY DEFENSE ADVANCED RESEARCH
PROJECTS AGENCY FOR OPERATION OF NATIONAL CYBER RANGE.
(a) Prohibition on Use of Funds Pending Report.--Amounts authorized
to be appropriated by this Act and available to the Defense Advanced
Research Projects Agency may not be obligated or expended for the
National Cyber Range established in support of the Comprehensive
National Cybersecurity Initiative until 90 days after the date on which
the Under Secretary of Defense for Acquisition, Technology, and
Logistics submits to the Committees on Armed Services of the Senate and
the House of Representatives a report described in subsection (c).
(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.
SEC. 213. ENHANCEMENT OF DEPARTMENT OF DEFENSE SUPPORT OF SCIENCE,
MATHEMATICS, AND ENGINEERING EDUCATION.
(a) Discharge of Support Through Military Departments.--Section
2192(b) of title 10, United States Code, is amended--
(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.''.
SEC. 214. PROGRAM FOR RESEARCH, DEVELOPMENT, AND DEPLOYMENT OF ADVANCED
GROUND VEHICLES, GROUND VEHICLE SYSTEMS, AND COMPONENTS.
(a) Program Required.--The Secretary of Defense may carry out a
program for research and development on, and deployment of, advanced
technology ground vehicles, ground vehicle systems, and components
within the Department of Defense.
(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.
SEC. 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).
Subtitle C--Missile Defense Matters
SEC. 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.
SEC. 232. REPEAL OF PROHIBITION ON CERTAIN CONTRACTS BY THE MISSILE
DEFENSE AGENCY WITH FOREIGN ENTITIES.
Section 222 of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1055; 10 U.S.C. 2431
note) is repealed.
SEC. 233. MEDIUM EXTENDED AIR DEFENSE SYSTEM.
(a) Limitation on Availability of Funds.--None of the funds
authorized to be appropriated by this Act for the Department of Defense
for fiscal year 2011 and available for the Medium Extended Air Defense
System (MEADS) may be obligated or expended until the following
conditions are met:
(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.
SEC. 234. ACQUISITION ACCOUNTABILITY REPORTS ON THE BALLISTIC MISSILE
DEFENSE SYSTEM.
(a) Baselines Required.--The Secretary of Defense shall ensure that
the Missile Defense Agency establishes and maintains an acquisition
baseline for each program element of the Ballistic Missile Defense
System, as specified in section 223 of title 10, United States Code.
(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.
SEC. 235. INDEPENDENT REVIEW AND ASSESSMENT OF THE GROUND-BASED
MIDCOURSE DEFENSE SYSTEM.
(a) Independent Review and Assessment Required.--The Secretary of
Defense shall select an appropriate entity outside the Department of
Defense to conduct an independent review and assessment of the Ground-
Based Midcourse Defense (GMD) system. In selecting the entity to
conduct the review and assessment, the Secretary shall consult with the
chairman and ranking minority member of the Committee on Armed Services
of the Senate and the chairman and ranking minority member of the
Committee on Armed Services of the House of Representatives.
(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.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Environmental Provisions
SEC. 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.
SEC. 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.
SEC. 313. REQUIREMENTS RELATING TO AGENCY FOR TOXIC SUBSTANCES AND
DISEASE REGISTRY INVESTIGATION OF EXPOSURE TO DRINKING
WATER CONTAMINATION AT CAMP LEJEUNE, NORTH CAROLINA.
(a) Findings.--Congress makes the following findings:
(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.
SEC. 314. COMMISSION ON MILITARY ENVIRONMENTAL EXPOSURES.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the President shall establish a commission (to
be known as the ``Commission on Military Environmental Exposures'') to
provide expert advice to the President and Congress on matters relating
to exposures of current and former members of the Armed Forces and
their dependants to environmental hazards on military installations.
(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.
Subtitle C--Workplace and Depot Issues
SEC. 321. DEPOT LEVEL MAINTENANCE AND RECAPITALIZATION PARTS SUPPLY.
(a) Finding.--Congress recognizes the need for depot level
maintenance and recapitalization of assets as Brigade Combat Teams
reset.
(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.
Subtitle D--Energy Security
SEC. 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.
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.
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;''.
SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (10 U.S.C. 4551 note), as amended by section
341 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 69) and section 354 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2264), is further amended--
(1) in subsection (a), by striking ``2011'' and inserting
``2012''; and
(2) in subsection (g)(1), by striking ``2011'' and
inserting ``2012''.
SEC. 343. FOUR-YEAR EXTENSION OF AUTHORITY TO PROVIDE LOGISTICS SUPPORT
AND SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 365(g)(1) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2302 note) is
amended by striking ``September 30, 2010'' and inserting ``September
30, 2014''.
SEC. 344. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT OF DEFENSE
PROPERTY.
(a) In General.--Chapter 165 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2790. Recovery of improperly disposed of Department of Defense
property
``(a) Prohibition.--No member of the armed forces, civilian
employee of the United States Government, contractor personnel, or
other person may sell, lend, pledge, barter, or give any clothing,
arms, articles, equipment, or other military or Department of Defense
property except in accordance with the statutes and regulations
governing Government property.
``(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.''.
SEC. 345. COMMERCIAL SALE OF SMALL ARMS AMMUNITION IN EXCESS OF
MILITARY REQUIREMENTS.
(a) Commercial Sale of Small Arms Ammunition.--Small arms
ammunition and ammunition components in excess of military
requirements, including fired cartridge cases, which is not otherwise
prohibited from commercial sale or certified by the Secretary of
Defense as unserviceable or unsafe, may not be demilitarized or
destroyed and shall be made available for commercial sale.
(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.
SEC. 346. MODIFICATION OF AUTHORITIES RELATING TO PRIORITIZATION OF
FUNDS FOR EQUIPMENT READINESS AND STRATEGIC CAPABILITY.
(a) Prioritization of Funds.--Subsection (a) of section 323 of the
John Warner National Defense Authorization Act for Fiscal Year 2007 (10
U.S.C. 229 note) is amended--
(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 striking``the 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''.
SEC. 347. REPEAL OF REQUIREMENT FOR REPORTS ON WITHDRAWAL OR DIVERSION
OF EQUIPMENT FROM RESERVE UNITS FOR SUPPORT OF RESERVE
UNITS BEING MOBILIZED AND OTHER UNITS.
Section 349 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2159) is repealed.
SEC. 348. REVISION TO AUTHORITIES RELATING TO TRANSPORTATION OF
CIVILIAN PASSENGERS AND COMMERCIAL CARGOES BY DEPARTMENT
OF DEFENSE WHEN SPACE UNAVAILABLE ON COMMERCIAL LINES.
(a) Transportation on DoD Vehicles and Aircraft.--Subsection (a) of
section 2649 of title 10, United States Code, is amended--
(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:
``Sec. 2648. Persons and supplies: sea, land, and air transportation''.
(2) The heading of section 2649 of such title is amended to
read as follows:
``Sec. 2649. Civilian passengers and commercial cargoes: transportation
on Department of Defense vessels, vehicles, and
aircraft''.
(f) Clerical Amendments.--The table of sections at the beginning of
chapter 157 of such title is amended by striking the items relating to
sections 2648 and 2649 and inserting the following new items:
``2648. Persons and supplies: sea, land, and air transportation.
``2649. Civilian passengers and commercial cargoes: transportation on
Department of Defense vessels, vehicles,
and aircraft.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 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.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2011, as follows:
(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.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2011, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(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.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2011 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(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.
SEC. 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.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2011, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(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.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated for military personnel for fiscal year 2011 a total of
$138,540,700,000.
(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.
Subtitle D--Armed Forces Retirement Home
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2011
from the Armed Forces Retirement Home Trust Fund the sum of $71,200,000
for the operation of the Armed Forces Retirement Home.
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.
(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''.
SEC. 502. NONDISCLOSURE OF INFORMATION FROM DISCUSSIONS, DELIBERATIONS,
NOTES, AND RECORDS OF SPECIAL SELECTION BOARDS.
(a) Nondisclosure of Board Proceedings.--Section 613a of title 10,
United States Code, is amended--
(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.''.
SEC. 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.''.
SEC. 504. TECHNICAL REVISIONS TO DEFINITION OF ``JOINT MATTERS'' FOR
PURPOSES OF JOINT OFFICER MANAGEMENT.
Section 668(a) of title 10, United States Code, is amended--
(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.''.
SEC. 505. MODIFICATION OF AUTHORITY FOR OFFICERS SELECTED FOR
APPOINTMENT TO GENERAL AND FLAG OFFICER GRADES TO WEAR
INSIGNIA OF HIGHER GRADE BEFORE APPOINTMENT.
(a) Limited Authority for Officers Selected for Appointment to
Grades Above Major General and Rear Admiral.--
(1) In general.--Chapter 45 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 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''.
SEC. 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''.
SEC. 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)''.
SEC. 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.''.
SEC. 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.
SEC. 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:
``Sec. 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.''.
SEC. 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.''.
SEC. 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''.
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.
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''.
SEC. 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.''.
SEC. 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.
SEC. 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).''.
SEC. 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''.
Subtitle C--Education and Training
SEC. 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.''.
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.
(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.
SEC. 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.''.
SEC. 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.''.
SEC. 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''.
SEC. 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)''.
SEC. 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''.
SEC. 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.''.
SEC. 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''.
SEC. 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.
SEC. 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:
``SUBCHAPTER 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.
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 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 2129
Assistance Program for
Civilians.
``III. Nurse Officer Candidate Accession Program............ 2130a''.
(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.
SEC. 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.
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.
(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)).
SEC. 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).
SEC. 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.''.
Subtitle E--Leave and Related Matters
SEC. 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.''.
SEC. 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:
``Sec. 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.''.
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.
(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:
``Sec. 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:
``Sec. 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
``Sec. 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.
SEC. 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.
SEC. 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.
Subtitle G--Awards and Decorations
SEC. 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.
SEC. 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:
``Sec. 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.''.
SEC. 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.
SEC. 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.
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.
(a) Disposition.--
(1) In general.--Chapter 61 of title 10, United States
Code, is amended by inserting after section 1214 the following
new section:
``Sec. 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.
SEC. 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.''.
Subtitle I--Military Family Readiness Matters
SEC. 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,''.
SEC. 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.''.
SEC. 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.
SEC. 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.
Subtitle J--Other Matters
SEC. 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. Sec. 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. Sec. 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. Sec. 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. Sec. 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).
SEC. 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.
SEC. 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''.
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.
Section 403(b)(7)(E) of title 37, United States Code, is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2012''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
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.
(a) Travel and Transportation Authorized.--Chapter 7 of title 37,
United States Code, is amended by inserting after section 411k the
following new section:
``Sec. 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.''.
SEC. 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:
``Sec. 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.
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.
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)''.
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.
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).''.
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.
(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.
SEC. 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:
``Sec. 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.
SEC. 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.
SEC. 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.
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.
(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''.
SEC. 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.
SEC. 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.--''.
SEC. 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.
SEC. 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.
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.
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.''.
SEC. 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.
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.
(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.
SEC. 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).
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.
(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''.
SEC. 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).''.
SEC. 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.
SEC. 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''.
SEC. 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.''.
SEC. 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)''.
Subtitle B--Acquisition Policy and Management
SEC. 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.
SEC. 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:
``Sec. 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.''.
SEC. 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).
SEC. 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:
``Sec. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
Subtitle C--Amendments Relating to General Contracting Authorities,
Procedures, and Limitations
SEC. 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.
SEC. 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.
SEC. 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).
SEC. 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''.
SEC. 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''.
Subtitle D--Contractor Matters
SEC. 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.
SEC. 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.
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.
(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.
Subtitle E--Other Matters
SEC. 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''.
SEC. 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)''.
SEC. 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''.
SEC. 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''.
SEC. 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,''.
SEC. 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.
SEC. 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''.
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.
(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''.
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.
(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:
``Sec. 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:
``Sec. 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) in paragraph (1), by striking the second sentence and
inserting the following new sentence: ``The office shall be
headed by the Director of Defense Prisoner of War/Missing
Person Oversight.''; and
(2) by striking ``the office'' each place it appears and
inserting ``the Director''.
(h) Clarification of Head of Office for Family Policy.--Section
1781 of title 10, United States Code, is amended--
(1) in subsection (a), by striking the second sentence and
inserting the following new sentence: ``The office shall be
headed by the Director of Family Policy, who shall report to
the Assistant Secretary of Defense for Force Management and
Personnel.''; and
(2) by striking ``the Office'' each place it appears and
inserting ``the Director''.
(i) Modification of Statutory Limitation on Number of Deputy Under
Secretaries of Defense.--
(1) Delay in limitation on number of dusds.--Section
906(a)(2) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2426; 10 U.S.C. 137a
note) is amended by striking ``January 1, 2011'' and inserting
``January 1, 2015''.
(2) Temporary authority for additional dusds.--During the
period beginning on the date of the enactment of this Act and
ending on January 1, 2015, the Secretary of Defense may, in the
Secretary's discretion, appoint not more than five Deputy Under
Secretaries of Defense in addition to the five Principal Deputy
Under Secretaries of Defense authorized by section 137a of
title 10, United States Code (as amended by subsection (b)(3)).
(3) Report on plan for reorganization of osd.--
(A) Report required.--Not later than September 15,
2013, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report setting forth a plan
for the realignment of the organizational structure of
the Office of the Secretary of Defense to comply with
the requirement of section 906(a)(2) of the National
Defense Authorization Act for Fiscal Year 2010, as
amended by paragraph (1).
(B) Elements.--In preparing the report required by
subparagraph (A), the Secretary shall consider, at a
minimum, the feasibility of taking the following
actions on or before January 1, 2015:
(i) A merger of the position of Deputy
Under Secretary of Defense (Installations and
Environment) and the position of Assistant
Secretary of Defense for Operational Energy
Plans and Programs (as established in
accordance with the amendments made by
subsection (b)(7)) into a single Assistant
Secretary position.
(ii) A realignment of positions within the
Office of the Under Secretary of Defense for
Policy to eliminate the position of Deputy
Under Secretary of Defense (Strategy, Plans,
and Forces).
(j) Other Conforming Amendments to Title 10.--
(1) Section 179(c) of title 10, United States Code, is
amended--
(A) in paragraphs (2) and (3), by striking
``Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs'' and
inserting ``Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs''; and
(B) in paragraph (3), by striking ``that Assistant
to the Secretary'' and inserting ``Assistant
Secretary''.
(2) Section 2272 of such title is amended by striking
``Director of Defense Research and Engineering'' each place it
appears and inserting ``Assistant Secretary of Defense for
Research and Engineering''.
(3) Section 2365 of such title is amended--
(A) in subsection (a), by striking ``Director of
Defense Research and Engineering'' and inserting
``Assistant Secretary'';
(B) in subsection (d)(1), by striking ``Director''
and inserting ``Assistant Secretary'';
(C) in subsection (d)(2)--
(i) by striking ``Director of Defense
Research and Engineering'' and inserting
``Assistant Secretary of Defense for Research
and Engineering''; and
(ii) by striking ``Director may'' and
inserting ``Assistant Secretary may''; and
(D) in subsection (e), by striking ``Director'' and
inserting ``Assistant Secretary''.
(4) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and
2517(a) of such title are amended by striking ``Director of
Defense Research and Engineering'' and inserting ``Assistant
Secretary of Defense for Research and Engineering''.
(5) Section 2902(b) of such title is amended--
(A) in paragraph (1), by striking ``Deputy Under
Secretary of Defense for Science and Technology'' and
inserting ``official within the Office of the Assistant
Secretary of Defense for Research and Engineering who
is responsible for science and technology''; and
(B) in paragraph (3), by striking ``Deputy Under
Secretary of Defense'' and inserting ``official within
the Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics who is''.
(k) Section Heading and Clerical Amendments.--
(1) Section heading amendments.--
(A) The heading of section 137a of title 10, United
States Code, is amended to read as follows:
``Sec. 137a. Principal Deputy Under Secretaries of Defense''.
(B) The heading of section 138b of such title, as
transferred and redesignated by subsection (b)(6), is
amended to read as follows:
``Sec. 138b. Assistant Secretary of Defense for Research and
Engineering''.
(C) The heading of section 138c of such title, as
transferred and redesignated by subsection (b)(7), is
amended to read as follows:
``Sec. 138c. Assistant Secretary of Defense for Operational Energy
Plans and Programs''.
(D) The heading of section 138d of such title, as
transferred and redesignated by subsection (b)(8), is
amended to read as follows:
``Sec. 138d. Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs''.
(E) The section heading of section 139b of such
title, as redesignated by subsection (f)(1), is amended
to read as follows:
``Sec. 139b. Deputy Assistant Secretary of Defense for Developmental
Test and Evaluation; Deputy Assistant Secretary of
Defense for Systems Engineering: joint guidance''.
(F) The heading of section 2438 of such title, as
transferred and redesignated by subsection (d), is
amended to read as follows:
``Sec. 2438. Performance assessments and root cause analyses''.
(2) Clerical amendments.--
(A) The table of sections at the beginning of
chapter 4 of such title is amended--
(i) by inserting after the item relating to
section 132 the following new item:
``132a. Deputy Chief Management Officer.'';
(ii) by striking the items relating to
sections 133a, 134a, and 136a;
(iii) by striking the item relating to
section 137a and inserting the following new
item:
``137a. Principal Deputy Under Secretaries of Defense.'';
(iv) by inserting after the item relating
to section 138a the following new items:
``138b. Assistant Secretary of Defense for Research and Engineering.
``138c. Assistant Secretary of Defense for Operational Energy Plans and
Programs.
``138d. Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs.'';
(v) by striking the items relating to
sections 139a, 139b, 139c, and 139d and
inserting the following new items:
``139a. Director of Cost Assessment and Program Evaluation.
``139b. Deputy Assistant Secretary of Defense for Developmental Test
and Evaluation; Deputy Assistant Secretary
of Defense for Systems Engineering: joint
guidance.
``139c. Deputy Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy.''; and
(vi) by striking the item relating to
section 142.
(B) The table of sections at the beginning of
chapter 144 of such title is amended by inserting after
the item relating to section 2437 the following new
item:
``2438. Performance assessments and root cause analyses.''.
(l) Other Conforming Amendments.--
(1) Public law 111-23.--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--
(A) by striking ``Director of Developmental Test
and Evaluation and the Director of Systems
Engineering'' each place it appears and inserting
``Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation and the Deputy
Assistant Secretary of Defense for Systems
Engineering''; and
(B) in paragraph (3)--
(i) by striking the paragraph heading and
inserting ``Assessment of reports by deputy
assistant secretary of defense for
developmental test and evaluation and deputy
assistant secretary of defense for systems
engineering.--''; and
(ii) by striking ``Directors'' and
inserting ``Deputy Assistant Secretaries of
Defense''.
(2) Public law 110-181.--Section 214 of the National
Defense Authorization Act of Fiscal Year 2008 (10 U.S.C. 2521
note) is amended by striking ``Director of Defense Research and
Engineering'' and inserting ``Assistant Secretary of Defense
for Research and Engineering''.
(m) Technical Amendments.--
(1) Section 131(a) of title 10, United States Code, is
amended by striking ``his'' and inserting ``the Secretary's''.
(2) Section 132 of such title is amended by redesignating
subsection (d), as added by section 2831(a) of the Military
Construction Authorization Act for Fiscal Year 2010 (division B
of Public Law 111-84; 123 Stat. 2669), as subsection (e).
(3) Section 135(c) of such title is amended by striking
``clauses'' and inserting ``paragraphs''.
(n) Executive Schedule Amendments.--
(1) Number of assistant secretary of defense positions.--
Section 5315 of title 5, United States Code, is amended by
striking the item relating to Assistant Secretaries of Defense
and inserting the following new item:
``Assistant Secretaries of Defense (16).''.
(2) Positions redesignated as asd positions.--
(A) Section 5315 of such title is further amended
by striking the item relating to Director of Defense
Research and Engineering.
(B) Section 5316 of such title is amended by
striking the item relating to Assistant to the
Secretary of Defense for Nuclear and Chemical and
Biological Defense Programs.
(3) Amendments to strike references to positions in senior
executive service.--Section 5316 of such title is further
amended--
(A) by striking the item relating to Director,
Defense Advanced Research Projects Agency, Department
of Defense;
(B) by striking the item relating to Deputy General
Counsel, Department of Defense;
(C) by striking the item relating to Deputy Under
Secretaries of Defense for Research and Engineering,
Department of Defense; and
(D) by striking the item relating to Special
Assistant to the Secretary of Defense.
(o) Inapplicability of Appointment Requirement to Certain
Individuals Serving on Effective Date.--
(1) In general.--Notwithstanding this section and the
amendments made by this section, the individual serving as
specified in paragraph (2) on December 31, 2010, may continue
to serve in the applicable position specified in that paragraph
after that date without the requirement for appointment by the
President, by and with the advice and consent of the Senate.
(2) Covered individuals and positions.--The individuals and
positions specified in this paragraph are the following:
(A) In the case of the individual serving as
Director of Defense Research and Engineering, the
position of Assistant Secretary of Defense for Research
and Engineering.
(B) In the case of the individual serving as
Director of Operational Energy Plans and Programs, the
position of Assistant Secretary of Defense for
Operational Energy Plans and Programs.
(C) In the case of the individual serving as
Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs, the position
of Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs.
(p) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on January 1, 2011.
(2) Certain matters.--Subsection (i) and the amendments
made by that subsection, and subsection (o), shall take effect
on the date of the enactment of this Act.
SEC. 903. REVISION OF STRUCTURE AND FUNCTIONS OF THE RESERVE FORCES
POLICY BOARD.
(a) Revision of Structure.--
(1) In general.--Section 10301 of title 10, United States
Code, is amended to read as follows:
``Sec. 10301. Reserve Forces Policy Board
``(a) In General.--As provided in section 175 of this title, there
is in the Office of the Secretary of Defense a board known as the
`Reserve Forces Policy Board' (in this section referred to as the
`Board').
``(b) Functions.--The Board shall serve as an independent adviser
to the Secretary of Defense to provide advice and recommendations to
the Secretary on strategies, policies, and practices designed to
improve and enhance the capabilities, efficiency, and effectiveness of
the reserve components.
``(c) Membership.--The Board consists of 20 members, appointed or
designated as follows:
``(1) A civilian appointed by the Secretary of Defense from
among persons determined by the Secretary to have the knowledge
of, and experience in, policy matters relevant to national
security and reserve component matters necessary to carry out
the duties of chair of the Board, who shall serve as chair of
the Board.
``(2) Two active or retired reserve officers or enlisted
members designated by the Secretary of Defense upon the
recommendation of the Secretary of the Army--
``(A) one of whom shall be a member of the Army
National Guard of the United States or a former member
of the Army National Guard of the United States in the
Retired Reserve; and
``(B) one of whom shall be a member or retired
member of the Army Reserve.
``(3) Two active or retired reserve officers or enlisted
members designated by the Secretary of Defense upon the
recommendation of the Secretary of the Navy--
``(A) one of whom shall be an active or retired
officer of the Navy Reserve; and
``(B) one of whom shall be an active or retired
officer of the Marine Corps Reserve.
``(4) Two active or retired reserve officers or enlisted
members designated by the Secretary of Defense upon the
recommendation of the Secretary of the Air Force--
``(A) one of whom shall be a member of the Air
National Guard of the United States or a former member
of the Air National Guard of the United States in the
Retired Reserve; and
``(B) one of whom shall be a member or retired
member of the Air Force Reserve.
``(5) One active or retired reserve officer or enlisted
member of the Coast Guard designated by the Secretary of
Homeland Security.
``(6) Ten persons appointed or designated by the Secretary
of Defense, each of whom shall be a United States citizen
having significant knowledge of and experience in policy
matters relevant to national security and reserve component
matters and shall be one of the following:
``(A) An individual not employed in any Federal or
State department or agency.
``(B) An individual employed by a Federal or State
department or agency.
``(C) An officer of a regular component of the
armed forces on active duty, or an officer of a reserve
component of the armed forces in an active status,
who--
``(i) is serving or has served in a senior
position on the Joint Staff, the headquarters
staff of a combatant command, or the
headquarters staff of an armed force; and
``(ii) has experience in joint professional
military education, joint qualification, and
joint operations matters.
``(7) A reserve officer of the Army, Navy, Air Force, or
Marine Corps who is a general or flag officer recommended by
the chair and designated by the Secretary of Defense, who shall
serve without vote--
``(A) as military adviser to the chair;
``(B) as military executive officer of the Board;
and
``(C) as supervisor of the operations and staff of
the Board.
``(8) A senior enlisted member of a reserve component
recommended by the chair and designated by the Secretary of
Defense, who shall serve without vote as enlisted military
adviser to the chair.
``(d) Matters To Be Acted on.--The Board may act on those matters
referred to it by the chair and on any matter raised by a member of the
Board or the Secretary of Defense.
``(e) Staff.--The Board shall be supported by a staff consisting of
one full-time officer from each of the reserve components listed in
paragraphs (1) through (7) of section 10101 of this title who holds the
grade of colonel, or in the case of the Navy the grade of captain, or
who has been selected for promotion to that grade. These officers shall
also serve as liaisons between their respective components and the
Board. They shall perform their staff and liaison duties under the
supervision of the military executive officer of the Board in an
independent manner reflecting the independent nature of the Board.
``(f) Relationship to Service Reserve Policy Committees and
Boards.--This section does not affect the committees and boards
prescribed within the military departments by sections 10302 through
10305 of this title, and a member of such a committee or board may, if
otherwise eligible, be a member of the Board.
``(g) Employee Status and Compensation.--(1) A member of the Board
appointed under paragraph (1) or (6) of subsection (b) who is not, by
reason of service other than service with the Board, an employee of the
Federal Government or a member of the armed forces shall not be
considered a Federal Government employee by reason of service on the
Board except for the purposes of the following provisions of law:
``(A) Chapter 57 of title 5, relating to travel and
transportation.
``(B) Chapter 81 of title 5, relating to compensation for
work-related injuries.
``(C) Chapter 171 of title 28 and any other Federal statute
relating to tort liability.
``(D) Chapter 73 of title 5, sections 201, 202, 203, 205,
207, 208, and 209 of title 18, and the Ethics in Government Act
of 1978 (5 U.S.C. App), relating to employee conduct, ethics,
conflict of interest, and corruption.
``(E) If the individual receives compensation under
paragraph (2), applicable provisions of subchapters II and VIII
of chapter 55 of title 5 (relating to pay withholdings and
settlement of accounts), section 459 of the Social Security Act
(42 U.S.C. 659) (relating to garnishment for child support and
alimony), and general employment laws that apply to the
compensation of both Federal and non-Federal employees, such as
the Federal Insurance Contributions Act.
``(2) A member of the Board described in paragraph (1) shall serve
without compensation unless the Secretary of Defense approves payment
of a rate of pay, subject to the limitation in section 5373 of title
5.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on such date, not later than July 1, 2011, as
the Secretary of Defense shall certify. Upon the making of such
certification, the Secretary shall--
(A) submit a copy of such certification to the
congressional defense committees; and
(B) public notice of such certification in the
Federal Register.
(b) Revision to Annual Report Requirement.--Section 113(c)(2) of
title 10, United States Code, is amended by striking ``the reserve
programs of the Department of Defense and on any other matters'' and
inserting ``on any reserve component matter''.
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.
None of the funds authorized to be appropriated or otherwise made
available by this Act to the Secretary of Defense for the National
Polar-Orbiting Operational Environmental Satellite System Program may
be obligated or expended for the costs of terminating a contract
awarded under the Program unless the Secretary of Defense and the
Secretary of Commerce enter into an agreement under which the Secretary
of Defense and the Secretary of Commerce will each be responsible for
half the costs of terminating the contract.
SEC. 912. LIMITATION ON USE OF FUNDS FOR PURCHASING GLOBAL POSITIONING
SYSTEM USER EQUIPMENT.
(a) In General.--Except as provided in subsections (b) and (c),
none of the funds authorized to be appropriated or otherwise made
available by this Act or any other Act for the Department of Defense
may be obligated or expended to purchase user equipment for the Global
Positioning System during fiscal years after fiscal year 2017 unless
the equipment is capable of receiving the miliary code (commonly known
as the ``M code'') from the Global Positioning System.
(b) Exception.--The limitation under subsection (a) shall not apply
with respect to the purchase of passenger vehicles or commercial
vehicles in which Global Positioning System equipment is installed.
(c) Waiver.--The Secretary of Defense may waive the limitation
under subsection (a) if the Secretary determines that--
(1) suitable user equipment capable of receiving the
military code from the Global Positioning System is not
available; or
(2) with respect to a purchase of user equipment, the
Department of Defense does not require that user equipment to
be capable of receiving the military code from the Global
Positioning System.
SEC. 913. PLAN FOR INTEGRATION OF SPACE-BASED NUCLEAR DETECTION
SENSORS.
(a) In General.--The Secretary of Defense shall, in consultation
with the Director of National Intelligence and the Administrator for
Nuclear Security, submit to the congressional defense committees a
plan--
(1) to integrate space-based nuclear detection sensors in a
geosynchronous orbit on the Space-Based Infrared System or
other satellite platforms; and
(2) to comply fully with section 1065 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 324).
(b) Limitation on Use of Funds for the Space-Based Infrared
System.--
(1) In general.--Not more than 75 percent of the amounts
specified in paragraph (2) may be obligated or expended before
the date on which the Secretary of Defense submits to the
congressional defense committees the plan required by
subsection (a).
(2) Amounts specified.--The amounts specified in this
paragraph are the following:
(A) The amount authorized to be appropriated by
section 103 for procurement for the Air Force and made
available by the funding table in section 4101 for
procurement for missiles for the Space-Based Infrared
System.
(B) The amount authorized to be appropriated by
section 201 for research, development, test, and
evaluation and made available by the funding table in
section 4201 for the Air Force for the Space-Based
Infrared System.
SEC. 914. PRESERVATION OF THE SOLID ROCKET MOTOR INDUSTRIAL BASE.
(a) Findings.--The Senate makes the following findings:
(1) Solid rocket motors are an integral part of our
Nation's defense arsenal, and a critical element to all United
States missile defense interceptors, tactical and strategic
missiles, targets, and satellite and human spaceflight launch
vehicles. The production and integration of solid propellant
rocket motors for weapon systems and space launch platforms is
hazardous and technically challenging, requiring unique
materials, technical skills, and manufacturing infrastructure.
(2) Production of solid rocket motors has been in steady
decline for many years, including a recent dramatic drop
following the completion of the Minuteman III propulsion
replacement program, the termination of the Kinetic Energy
Interceptor program, a production slowdown in Ground-based
Midcourse Defense Interceptors, the planned retirement of the
Space Shuttle, and the transition of the Standard Missile-3
from the solid-propulsion based Block IA to a liquid-propulsion
based Block IB.
(3) The Constellation program of the National Aeronautics
and Space Administration, including its Ares I launch vehicle,
provides a critical underpinning to the remaining solid rocket
motor (SRM) industry, sustaining its skills, capabilities,
facilities, and all tiers of the supplier base.
(4) A June 2009 Acquisition, Technology & Logistics,
Industrial Policy report, SRM Industrial Capabilities Report
for Congress, stated: ``NASA programs play a significant role
in sustaining the industrial capabilities for the SRM industry.
. . . [I]t takes many DoD missile programs to equal just one
Shuttle RSRM [Reusable Solid Rocket Motor] booster and it will
take more to equal the SRM booster for the new Ares I and Ares
V launch vehicles that are part of NASA's Constellation
Program. . . . In the large SRM sector, NASA programs (the
Shuttle and the Ares) are still the key contributors to the
viability of the SRM industrial base--prime and subtier''.
(5) Earlier this year, the National Aeronautics and Space
Administration announced its plans to cancel the Ares I, Ares
V, and all supporting elements without making a thorough
assessment of the impact of the decision on the future health
and sustainability of this critical industrial base and without
consulting the Department of Defense or assessing the impact of
the decision on military space and missile systems, including
the missile defense program.
(6) Since that announcement, several senior Department of
Defense officials have spoken about their concerns for the
future viability of the solid rocket motor industrial base,
confirming that the decision apparently was made without any
prior consultation with the Department of Defense, as indicated
by the following:
(A) On May 12, 2010, the Secretary of the Air
Force, Michael Donley, at a hearing of the defense
subcommittee of the Committee on Appropriations of the
Senate, stated: ``I'm not aware that the Air Force was
consulted specifically on the NASA decisions. . . . We
do understand the challenge, and we do not have an
answer at this moment as to how we intend to proceed.
I've had discussions--Air Force has had discussions at
a couple of levels with the National Reconnaissance
Office and with NASA officials including at the highest
levels. I've talked to Administrator Bolden. I've
talked to General Carlson and NRO. We have recognized
this as something we need to work [on] together going
forward. We don't have answers right now, but we have
folks that are focused on this challenge. . . . In
general, Minuteman has been a very reliable system for
us, and continues to test well. But we do know that we
have challenges ahead with respect to maintaining a
warm base. And we're not satisfied with the bridging
solution that we had developed here over the last
couple of years, which takes us through 2011. So we
need to find a way forward for FY2012 and beyond on
this subject''.
(B) On April 22, 2010, the Commander of the United
States Strategic Command, Kevin Chilton, at a hearing
of the Committee on Armed Services of the Senate,
stated: ``Large solid rocket motors are very
complicated devices. . . . As the Strategic Command
commander, my concern . . . is what impact this
[NASA's] decision [to cancel the Constellation program]
might have on the industrial base as we look to the
future. . . . are we postured correctly from an
industrial base standpoint to sustain this technology
that I believe will be important for the strategic
deterrent for many years to come? . . . [A]ll of these
very complicated components of any large, solid rocket
motor, whether it be the D5, the Minuteman III or the
shuttle SRBs, or any follow-on to that. This is what
I'm worried about, is that we don't lose that formula
and expertise for being able to address all the
engineering challenges associated with all of those,
not at least to mention our joints between segments, as
we go forward''.
(C) On April 20, 2010, the Director of the Missile
Defense Agency, Lieutenant General Patrick J. O'Reilly,
at a hearing of the Committee on Armed Services of the
Senate, stated: ``For BMD, we were not consulted [about
NASA's decision to cancel the Constellation program].
Our solid rocket motor usage for large solid rocket
motors was about 8 percent of the total production done
in the United States every year. So, we had a very
small part to play. As you said, it was dominated by
NASA's use of the solid rocket motors. We have an
increase in the small solid rocket motors based on the
proposed budget that we have submitted to Congress,
where we will consume over 550 tons of small rocket
motors in the next five years. So, we actually have a
reverse process or challenge of having that production
capability for small solid rocket motors. Yet at the
same time, as you said, we have had a severe reduction
in the industrial capacity to produce the large solid
rocket motors. We are producing, or procuring, five
additional booster sets for our GBIs. One reason is
they are economical to buy now, to use them at a later
date if we need to for testing or other purposes''.
(D) On March 17, 2010, the Director of Navy
Strategic Systems, Rear Admiral Stephen Johnson, at a
hearing of the Committee on Armed Services of the
Senate, stated: ``The change in . . . national orders
for large solid rocket motors causes more of the fixed
cost to fall upon the Navy's production costs. . . . We
expect to see a rise . . . of 10 to 20 percent. We are
working with the Department of Defense and with the two
companies involved to control those costs, but . . .
they will increase. We have seen an increase and they
will continue. . . . I would describe the industry as
fragile. The government plays an important role in
managing that industrial base . . . [T]he manufacturing
requirement for NASA is so much larger . . . and we
don`t know exactly what those costs are going to be. .
. . It's going to be a difficult cost for the Navy to
absorb. . . . We don't really know the full extent at
this moment''.
(E) On March 10, 2010, the Secretary of the Air
Force, Michael Donley, at a hearing of the defense
subcommittee of the Committee on Appropriations of the
House of Representatives, stated: ``[W]e're looking at
additional pressure on the solid rocket motor and
launch; the industrial base that goes with that. With
the changes in NASA's program, we faced some
significant challenges in funding--developing an
affordable funding profile for space launch support''.
(F) On March 10, 2010, the Deputy Undersecretary of
the Air Force for Space Programs, Gary Payton, at a
hearing of the Committee on Armed Services of the
Senate, stated: [``L]aunch costs are still rising. . .
. These industrial base factors will also be affected
by the decision to replace NASA's Constellation program
with a new, more technology-focused approach to space
exploration, which will likely reduce the customer base
for solid rocket motors. . .''.
(G) On March 10, 2010, the Commander of the Air
Force Space Command, General Robert Kehler, at a
hearing of the Committee on Armed Services of the
Senate, stated: ``[I]n looking at the NASA decision . .
. there is a challenge here regarding solid rocket
motors. And that's the most immediate challenge that we
see. The largest demand today on the solid rocket motor
industrial base comes from NASA, although the
Department of Defense--the Air Force and the Navy as
well--rely on that same industrial base for both the
land-based and the sea-based strategic deterrent, for
other launch vehicle solid rocket strap-ons, for
example, that we need for EELV and other things. . . .
[W]e have, to find out whether that's a real concern or
whether it is not. And I can`t give you the details of
that today because what we recommended prior to
[NASA's] decision was if this is the decision that's
made, we will then have to go off and sit down and take
a hard look at what the implications will be for the
industrial base. . . . We don't have answers yet. What
we do have is--is a potential concern. . .''.
(H) On February 23, 2010, the Secretary of the Air
Force Secretary, Michael Donley, at a hearing of the
Committee on Armed Services of the House of
Representatives, stated: ``[W]e recognize the decisions
made on Ares and in the Constellation program in
general in NASA. And we have a challenge on the solid
rocket motor industrial base and on the booster
industrial base, period. So we recognize . . . a
broader industrial base issue, which we're going to
have to wrestle with this year. So we do not right now
have a long-term solution to that in hand''.
(7) Section 2501 of title 10, United States Code, states
that United States policy is that the industrial base should be
capable of supplying and equipping the force structure of the
Armed Forces, and of reconstitution within a reasonable period.
The decision of the National Aeronautics and Space
Administration potentially jeopardizes the solid rocket motor
industrial base.
(8) Section 2505 of title 10, United States Code, requires
the Secretary of Defense to ensure that industrial base
assessments be integrated into overall budget, acquisition, and
logistics support decision processes. The decision of the
National Aeronautics and Space Administration without
consulting the Department of Defense jeopardizes the capacity
of the Secretary to carry out the Secretary's responsibility
under that section.
(9) Termination of the Ares I, Ares V, or their solid
rocket alternatives or derivatives, and all supporting
elements, would leave some solid rocket motor production
facilities idle, likely resulting in their closure and
consolidation, and the costly requalification of remaining
programs. Regeneration of this infrastructure to meet the needs
of future programs would be lengthy and extremely costly.
(10) Abandonment of the Ares I, Ares V, or their solid
rocket alternatives or derivatives, and all supporting
elements, could also force suppliers of unique materials for
the solid rocket motor industry out of business entirely, thus
jeopardizing industry ability to produce motors for current and
future programs. Recreating a new supplier base for these
unique materials would be extremely lengthy, and require the
costly requalification of existing programs.
(11) Cancellation of the Ares I, Ares V, or their solid
rocket alternatives or derivatives, and all supporting ground
elements, could also cause a significant reduction in the
already aged workforce of the solid rocket motor industry and
undermine the ability of that industry to recruit, hire, and
train the next generation of workers in this field.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) without the Ares I, Ares V, or their solid rocket
alternatives or derivatives, and all supporting elements, of
the National Aeronautics and Space Administration, insufficient
production volume exists to sustain the current United States
solid rocket motor industrial base;
(2) reconstitution of this industrial base after
termination, if such reconstitution could be achieved, would be
a lengthy and costly endeavor, imposing unacceptable risk into
the most critical strategic, missile defense, tactical, and
space lift capabilities of the United States;
(3) there is a linkage between civil space programs and
military space and missile programs;
(4) the decision of the National Aeronautics and Space
Administration with respect to the cancellation of the Ares I,
Ares V, and all supporting elements will have a significant
impact on Department of Defense costs and missions;
(5) future decisions on civil space matters that impact
Department of Defense costs and missions should be fully
coordinated with the Secretary of Defense; and
(6) the National Aeronautics and Space Administration
should comply with the proviso under the heading
``exploration'' under the heading ``National Aeronautics and
Space Administration'' in the Science Appropriations Act, 2010
(title III of division B of Public Law 111-117; 123 Stat.
3143).
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with the Administrator of the National Aeronautics
and Space Administration, submit to the appropriate committees
of Congress a report on the impact of the cancellation of the
Constellation program of the National Aeronautics and Space
Administration on any anticipated next generation mission
requirements, for missile defense interceptors, tactical and
strategic missiles, targets, and satellite and human
spaceflight launch vehicles.
(2) Elements.--The report required under this subsection
shall include the following:
(A) A description and assessment of the effects on
Department of Defense programs that utilize solid
rocket motors of the cancellation of the Ares I, Ares
V, or their solid rocket alternatives or derivatives,
and all supporting elements.
(B) A description of the plans of the Department of
Defense to mitigate the impact of of the cancellation
of the Ares I, Ares V, or their solid rocket
alternatives or derivatives, and all supporting
elements, on the United States solid rocket motor
industrial base, including a description of the
National Aeronautics and Space Administration and
Department of Defense funding required to implement
such plans between fiscal years 2012 and 2017.
(C) A description of the impact of the cancellation
of the Ares I, Ares V, or their solid rocket
alternatives or derivatives, and all supporting
elements, on international partners in programs such as
the D-5 Trident missile.
(D) A detailed description of the source of the
data used in the report.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committees on Armed Services, Commerce,
Science, and Transportation, and Appropriations of the
Senate; and
(B) the Committees on Armed Services, Energy and
Commerce, and Appropriations of the House of
Representatives.
SEC. 915. IMPLEMENTATION PLAN TO SUSTAIN SOLID ROCKET MOTOR INDUSTRIAL
BASE.
(a) In General.--The Secretary of Defense shall develop an
implementation plan to sustain the solid rocket motor industrial base
that--
(1) is based on the recommendations included in the report
submitted to the congressional defense committees under section
1078 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2479); and
(2) includes a funding plan for carrying out the
implementation plan.
(b) Submittal to Congress.--The implementation plan required by
subsection (a) shall be submitted to Congress with the budget of the
President for fiscal year 2012 as submitted under section 1105(a) of
title 31, United States Code.
SEC. 916. REVIEW AND PLAN ON SUSTAINMENT OF LIQUID ROCKET PROPULSION
SYSTEMS INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense shall, in consultation
with the Administrator of the National Aeronautics and Space
Administration, review, and develop a plan to sustain, the liquid
rocket propulsion systems industrial base.
(b) Elements.--The review and plan required by subsection (a) shall
address the following:
(1) The capacity to maintain currently available liquid
rocket propulsion systems.
(2) The maintenance of an intellectual and engineering
capacity to support next generation liquid rocket propulsion
systems and engines, as needed.
(3) Opportunities for interagency collaboration and
research and development on future propulsion systems.
(c) Submittal to Congress.--Not later than June 1, 2011, the
Secretary shall submit to the congressional defense committees the plan
required by subsection (a).
Subtitle C--Intelligence Matters
SEC. 921. PERMANENT AUTHORITY FOR SECRETARY OF DEFENSE TO ENGAGE IN
COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE
COLLECTION ACTIVITIES.
Section 431(a) of title 10, United States Code, is amended by
striking the second sentence.
SEC. 922. MODIFICATION OF ATTENDEES AT PROCEEDINGS OF INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE INTEGRATION COUNCIL.
(a) Findings.--Section 923(a)(4) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-163; 117 Stat.
1574; 10 U.S.C. 426 note) is amended by striking ``National Foreign
Intelligence Program (NFIP), Joint Military Intelligence Program
(JMIP), and Tactical Intelligence and Related Activities Program
(TIARA)'' and inserting ``National Intelligence Program (NIP) and a
Military Intelligence Program (MIP)''.
(b) Additional Authorized Attendees.--Section 426(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(4) Each Secretary of a military department may designate an
officer or employee of such military department to attend the
proceedings of the Council as a representative of such military
department.''.
SEC. 923. REPORT ON DEPARTMENT OF DEFENSE INTERSERVICE MANAGEMENT AND
COORDINATION OF REMOTELY-PILOTED AIRCRAFT SUPPORT OF
INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE.
(a) Report Required.--
(1) Report to secretary of defense by chiefs of staff.--Not
later than 120 days after the date of the enactment of this
Act, the Chief of Staff of the Army, the Chief of Naval
Operations, and the Chief of Staff of the Air Force shall
jointly submit to the Secretary of Defense a report, in
accordance with this section, on remotely-piloted aircraft
(RPA) support of intelligence, surveillance, and reconnaissance
(ISR) within their respective Armed Forces.
(2) Transmittal to congress.--Not later than 30 days after
the receipt of the report required by paragraph (1), the
Secretary shall transmit the report, together with the
assessment and any recommendations of the Secretary (including
the matters required pursuant to subsection (b)(2)) to the
congressional defense committees.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) In the case of the report required by subsection
(a)(1), a description by each chief of staff referred to in
that subsection of--
(A) current and planned remotely-piloted aircraft
inventories to support intelligence, surveillance, and
reconnaissance requirements over the period 2011 to
2020, including an identification of systems each Armed
Force considers organic and the systems capable of
providing theater-level support to the commanders of
the combatant commands;
(B) policy and processes of each Armed Force for
coordinating investments in remotely-piloted aircraft
to meet joint force requirements for intelligence,
surveillance, and reconnaissance and to eliminate
unnecessary duplication in both development and
capability; and
(C) the current employment of remotely-piloted
aircraft by each Armed Force, including the number of
remotely-piloted aircraft deployed in support
operations, the number of remotely-piloted aircraft
assigned for training, and the number of remotely-
piloted aircraft warehoused, the capacity of each Armed
Force to process, exploit, and disseminate
intelligence, surveillance, and reconnaissance data
collected, and the extent to which assets are provided
to the joint community to meet requirements of the
combatant commands.
(2) In the case of the transmittal required by subsection
(a)(2)--
(A) an assessment of the effectiveness of the
employment of remotely-piloted aircraft by each Armed
Force, and a description of the percentage of joint
force requirements for intelligence, surveillance, and
reconnaissance that are being met by the remotely-
piloted aircraft of each Armed Force;
(B) a description of the joint concept of
operations under which each Armed Forces provides
intelligence, surveillance, and reconnaissance
capabilities through remotely-piloted aircraft to meet
the requirements of the combatant commands;
(C) a description of the policy and processes for
coordinating investments in remotely-piloted aircraft
to meet joint force requirements for intelligence,
surveillance, and reconnaissance and to eliminate
unnecessary duplication in both development and
capability;
(D) a description of the processes by which current
requirements of the commanders of the combatant
commands for intelligence, surveillance, and
reconnaissance are validated, and how the remotely-
piloted aircraft capabilities of each Armed Force are
assigned against validated requirements;
(E) a description of the current intelligence,
surveillance, and reconnaissance requirements of each
combatant command through remotely-piloted aircraft;
(F) a description of how the requirements described
under subparagraph (E) are being met;
(G) an identification of any mission degradation or
failure within the combatant commands due to lack of
intelligence, surveillance, and reconnaissance support;
(H) a description of various means of addressing
any shortfalls in meeting the requirements described
under subparagraph (E), including temporary shortfalls
and permanent shortfalls;
(I) a description of the organization of the
Unmanned Aerial System Task Force, including the goals
and objectives of the task force and the participation
and roles of each Armed Force within the task force;
(J) a description of the organization of the
Intelligence, Surveillance, and Reconnaissance Task
Force, including the goals and objectives of the task
force and the participation and roles of each Armed
Force within the task force; and
(K) an identification of any theater-level
intelligence, surveillance, and reconnaissance capacity
of an Armed Force that is not being made available by
services to fulfill joint force requirements for
intelligence, surveillance, and reconnaissance.
(c) Remotely-piloted Aircraft Defined.--In this section, the term
``remotely-piloted aircraft'' means any unmanned aircraft operated
remotely, whether within or beyond line-of-sight, including unmanned
aerial systems (UAS), unmanned aerial vehicles (UAV), remotely-piloted
vehicles (RPV), and remotely-piloted aircraft (RPA).
SEC. 924. REPORT ON REQUIREMENTS FULFILLMENT AND PERSONNEL MANAGEMENT
RELATING TO AIR FORCE INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE PROVIDED BY REMOTELY-PILOTED AIRCRAFT.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall, in
coordination with the Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Under Secretary of Defense for
Intelligence, submit to the appropriate committees of Congress a report
on requirements fulfillment and personnel management in connection with
Air Force intelligence, surveillance, and reconnaissance (ISR) provided
by remotely-piloted aircraft (RPA).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the Joint Concept of Operation under
which the Air Force operates to fulfill intelligence,
surveillance, and reconnaissance requirements provided by
remotely-piloted aircraft.
(2) A description of the current requirements of each
combatant command for Air Force intelligence, surveillance, and
reconnaissance provided by remotely-piloted aircraft,
including--
(A) the number of orbits or combat air patrols for
each major platform and sensor payload combination;
(B) the number of aircraft, aircraft operators, and
ground crews in each orbit or combat air patrol,
variations in the numbers of each, and the explanation
for such variations;
(C) a description of how requirements are being met
by the management of personnel, platforms, sensors, and
networks; and
(D) a description of various means of addressing
any shortfalls in meeting such requirements, including
temporary shortfalls and permanent shortfalls.
(3) A description of manpower management to fulfill Air
Force mission requirements for intelligence, surveillance, and
reconnaissance requirements provided by remotely-piloted
aircraft, including the current number of personnel associated
with each combat air patrol by remotely-piloted aircraft for
aircraft pilots, sensor operators, mission intelligence
coordinators, and processing, exploitation, and dissemination
analysts (in this section referred to as ``operators and
analysts for remotely-piloted aircraft'').
(4) A description of current Air Force manpower
requirements for operators and analysts for remotely-piloted
aircraft, and any plans for meeting such requirements,
including--
(A) an identification of any shortfalls in
personnel, skill specialties, and grades; and
(B) any plans of the Air Force to address such
shortfalls, including--
(i) plans to address shortfalls in
applicable career field retention rates; and
(ii) plans for utilization of National
Guard and other reserve component personnel to
address shortfalls in such personnel, skill
specialties, and grades.
(5) A description of the projected Air Force manpower
requirements for operators and analysts for remotely-piloted
aircraft in each of 2015 and 2020, including--
(A) an identification of any significant challenges
to achieving such requirements in particular skill
specialties and grades; and
(B) any plans of the Air Force to address such
challenges.
(6) A description of the collaboration of the Air Force
with, and the reliance of the Air Force on, the other Armed
Forces and the combat support agencies, in asset management for
intelligence, surveillance, and reconnaissance by remotely-
piloted aircraft, including personnel for processing,
exploitation, and dissemination.
(7) A description of potential adverse consequences of
operating intelligence, surveillance, and reconnaissance by
remotely-piloted aircraft, and associated intelligence support
infrastructure, in a surge, understaffed state, or both,
including--
(A) the impact of having to provide forward
processing, exploitation, and dissemination to support
emerging capabilities; and
(B) any plans of the Air Force to mitigate such
consequences.
(8) A description of the status of Air Force training
programs for operators and analysts for remotely-piloted
aircraft, including the ability to meet Air Force manpower
requirements for such operators and analysts, and plans for
increasing training capacity to match plans for expanding Air
Force intelligence, surveillance, and reconnaissance
capabilities.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
Subtitle D--Cyber Warfare, Cyber Security, and Related Matters
SEC. 931. CONTINUOUS MONITORING OF DEPARTMENT OF DEFENSE INFORMATION
SYSTEMS FOR CYBERSECURITY.
(a) In General.--The Secretary of Defense shall direct the Chief
Information Officer of the Department of Defense to work, in
coordination with the Chief Information Officers of the military
departments and the Defense Agencies and with senior cybersecurity and
information assurance officials within the Department of Defense and
otherwise within the Federal Government, to achieve, to the extent
practicable, the following:
(1) The continuous prioritization of the policies,
principles, standards, and guidelines developed under section
20 of the National Institute of Standards and Technology Act
(15 U.S.C. 278g-3) with agencies and offices operating or
exercising control of national security systems (including the
National Security Agency) based upon the evolving threat of
information security incidents with respect to national
security systems, the vulnerability of such systems to such
incidents, and the consequences of information security
incidents involving such systems.
(2) The automation of continuous monitoring of the
effectiveness of the information security policies, procedures,
and practices within the information infrastructure of the
Department of Defense, and the compliance of that
infrastructure with such policies, procedures, and practices,
including automation of--
(A) management, operational, and technical controls
of every information system identified in the inventory
required under section 3505(c) of title 44, United
States Code; and
(B) management, operational, and technical controls
relied on for evaluations under section 3545 of title
44, United States Code.
(b) Definitions.--In this section:
(1) The term ``information security incident'' means an
occurrence that--
(A) actually or potentially jeopardizes the
confidentiality, integrity, or availability of an
information system or the information such system
processes, stores, or transmits; or
(B) constitutes a violation or imminent threat of
violation of security policies, security procedures, or
acceptable use policies with respect to an information
system.
(2) The term ``information infrastructure'' means the
underlying framework, equipment, and software that an
information system and related assets rely on to process,
transmit, receive, or store information electronically.
(3) The term ``national security system'' has the meaning
given that term in section 3542(b)(2) of title 44, United
States Code.
SEC. 932. STRATEGY ON COMPUTER SOFTWARE ASSURANCE.
(a) Strategy Required.--The Secretary of Defense shall develop and
implement, by not later than October 1, 2011, a strategy for assuring
the security of software and software-based applications for all
covered systems.
(b) Covered Systems.--For purposes of this section, a covered
system is any critical information system or weapon system of the
Department of Defense, including the following:
(1) A major system, as that term is defined in section
2302(5) of title 10, United States Code.
(2) A national security system, as that term is defined in
section 3542 of title 44, United States Code.
(3) Any Department of Defense information system
categorized as Mission Assurance Category (MAC) I.
(4) Any Department of Defense information system
categorized as Mission Assurance Category II in accordance with
Department of Defense Directive 8500.01E.
(c) Elements.--The strategy required by subsection (a) shall
include the following:
(1) Policy and regulations on the following:
(A) Software assurance generally.
(B) Contract requirements for software assurance
for covered systems in development and production.
(C) Inclusion of software assurance in milestone
reviews and milestone approvals.
(D) Rigorous test and evaluation of software
assurance in development, acceptance, and operational
tests.
(E) Certification and accreditation requirements
for software assurance for new systems and for updates
for legacy systems.
(F) Remediation in legacy systems of critical
software assurance deficiencies that are defined as
critical in accordance with the Application Security
Technical Implementation Guide of the Defense
Information Systems Agency.
(2) Allocation of adequate facilities and other resources
for test and evaluation and certification and accreditation of
software to meet applicable requirements for research and
development, systems acquisition, and operations.
(3) Mechanisms for protection against compromise of
information systems through the supply chain or cyber attack by
acquiring and improving automated tools for--
(A) assuring the security of software and software
applications during software development;
(B) detecting vulnerabilities during testing of
software; and
(C) detecting intrusions during real-time
monitoring of software applications.
(4) Mechanisms providing the Department of Defense with the
capabilities--
(A) to monitor systems and applications in order to
detect and defeat attempts to penetrate or disable such
systems and applications; and
(B) to ensure that such monitoring capabilities are
integrated into the Department of Defense system of
cyber defense-in-depth capabilities.
(5) An update to Committee for National Security Systems
Instruction No. 4009, entitled ``National Information Assurance
Glossary'', to include a standard definition for software
security assurance.
(6) Either--
(A) mechanisms to ensure that vulnerable Mission
Assurance Category III information systems, if
penetrated, cannot be used as a foundation for
penetration of protected covered systems, and means for
assessing the effectiveness of such mechanisms; or
(B) plans to address critical vulnerabilities in
Mission Assurance Category III information systems to
prevent their use for intrusions of Mission Assurance
Category I systems and Mission Assurance Category II
systems.
(7) A funding mechanism for remediation of critical
software assurance vulnerabilities in legacy systems.
(d) Report.--Not later than October 1, 2011, the Secretary of
Defense shall submit to the congressional defense committees a report
on the strategy required by subsection (a). The report shall include
the following:
(1) A description of the current status of the strategy
required by subsection (a) and of the implementation of the
strategy, including a description of the role of the strategy
in the risk management by the Department regarding the supply
chain and in operational planning for cyber security.
(2) A description of the risks, if any, that the Department
will accept in the strategy due to limitations on funds or
other applicable constraints.
SEC. 933. STRATEGY FOR ACQUISITION AND OVERSIGHT OF DEPARTMENT OF
DEFENSE CYBER WARFARE CAPABILITIES.
(a) Findings.--Congress makes the following findings:
(1) The cyber space operating domain is characterized by
near-speed-of-light actions.
(2) Deterrence and defense in cyber space require agility
in responding to new threats.
(3) Traditional processes and schedules for the acquisition
of defense systems are not tailored to meet the speed and
agility required for the acquisition of capabilities for cyber
security operations.
(4) The United States Cyber Command will need to be
provided with new or modified tools and capabilities to procure
cyber security and cyber warfare capabilities in a timely
manner.
(5) It is necessary to preserve the independence,
discipline, and integrity of the requirements process and the
acquisition process.
(6) The assignment to a single individual of responsibility
as Director of the National Security Agency and Commander of
the United States Cyber Command complicates the process of
ensuring proper oversight of the establishment of requirements
for cyber systems and of the procurement of capabilities for
the United States Cyber Command.
(7) The sensitive and secretive nature of operations in
cyber space, and the unclear boundaries between activities
undertaken under the authorities of the Director of National
Intelligence and the Secretary of Defense, further complicate
the creation of sound oversight processes for acquiring and
exercising cyber warfare capabilities.
(b) Strategy Required.--The Secretary of Defense shall develop a
strategy to provide for the rapid acquisition of tools, applications,
and other capabilities for cyber warfare for the United States Cyber
Command.
(c) Basic Elements.--The strategy required by subsection (b) shall
include the following:
(1) An orderly process for determining and approving
operational requirements.
(2) A well-defined, repeatable, transparent, and
disciplined process for developing capabilities to meet such
requirements.
(3) The allocation of facilities and other resources to
thoroughly test such capabilities in development, before
deployment, and before use in order to validate performance and
take into account collateral damage and other so-called second-
order effects.
(d) Additional Elements.--The strategy required by subsection (b)
shall also provide for the following:
(1) Safeguards to prevent--
(A) the circumvention of operational requirements
and acquisition processes through informal
relationships among the United States Cyber Command,
the Armed Forces, the National Security Agency, and the
Defense Information Systems Agency; and
(B) the abuse of quick-reaction processes otherwise
available for the rapid fielding of capabilities.
(2) The establishment of reporting and oversight processes
for requirements generation and approval for cyber warfare
capabilities, the assignment of responsibility for providing
capabilities to meet such requirements, and the execution of
development and deployment of such capabilities, under the
authority of the Chairman of the Joint Requirements Oversight
Council, the Under Secretary of Defense for Policy, and other
officials in the Office of the Secretary of Defense, as
designated in the strategy.
(3) The establishment and maintenance of test and
evaluation facilities and resources for cyber infrastructure to
support research and development, operational test and
evaluation, operational planning and effects testing, and
training by replicating or emulating networks and
infrastructure maintained and operated by the military and
political organizations of potential United States adversaries,
by domestic and foreign telecommunications service providers,
and by the Department of Defense.
(4) An organization or organizations within the Department
of Defense to be responsible for the operation and maintenance
of cyber infrastructure for research, development, test, and
evaluation purposes.
(5) Appropriate disclosure regarding United States cyber
warfare capabilities to the independent test and evaluation
community, and the involvement of that community in the
development and maintenance of such capabilities, regardless of
classification.
(6) The role of the private sector and appropriate
Department of Defense organizations in developing capabilities
to operate in cyber space, and a clear process for determining
whether to allocate responsibility for responding to Department
of Defense cyber warfare requirements through Federal
Government personnel, contracts with private sector entities,
or a combination of both.
(7) The roles of each Armed Force, and of the combat
support Defense Agencies, in the development of cyber warfare
capabilities in support of offensive, defensive, and
intelligence operational requirements.
(8) The manner in which the Department of Defense will
promote interoperability, share innovation, and avoid
unproductive duplication in cyber warfare capabilities through
specialization among the components of the Department
responsible for developing cyber capabilities.
(e) Report on Strategy.--
(1) Report required.--Not later than March 15, 2011, the
Secretary of Defense shall submit to the appropriate committees
of Congress a report on the strategy required by subsection
(b). The report shall include a comprehensive description of
the strategy and plans (including a schedule) for the
implementation of the strategy.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
SEC. 934. REPORT ON THE CYBER WARFARE POLICY OF THE DEPARTMENT OF
DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) During classified and unclassified testimony before
Congress, senior officials of the Department of Defense
acknowledged that there is a serious gap between the Nation's
capabilities to conduct offensive and intelligence-gathering
operations in cyberspace and the policies and regulations
necessary to guide and limit, and provide oversight of, such
operations.
(2) These senior officials also testified to their belief
that the Administration should be able to correct the
shortfalls in such policies during 2010.
(3) It is vital for the Department of Defense and the
President to ensure that the United States Cyber Command
operates under the clearest possible rules of engagement and
policy directives to prevent mistakes, avoid setting bad
precedents, and enable effective actions and responses in
defense of the Nation's interests in cyberspace.
(4) It is also vital for the United States to convey to the
international community the Nation's position on deterrence,
the exercise of the right of self-defense, acceptable norms of
behavior, the responsibilities of sovereign nations, violations
of sovereignty, the use of force and acts of war, and other
fundamental national security issues associated with
cyberspace.
(b) Report.--
(1) In general.--Not later than March 1, 2011, the
Secretary of Defense shall submit to Congress a report on the
cyber warfare policy of the Department of Defense.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the policy and legal issues
investigated and evaluated by the Department in
considering the range of missions and activities that
the Department may choose to conduct in cyberspace.
(B) The decisions of the Secretary with respect to
such issues, and the recommendations of the Secretary
to the President for decisions on such of those issues
as exceed the authority of the Secretary to resolve,
together with the rationale and justification of the
Secretary for such decisions and recommendations.
(C) A description of the intentions of the
Secretary with regard to modifying the National
Military Strategy for Cyberspace Operations.
(3) Form.--The report required by paragraph (1) shall be
submitted in both unclassified and classified form.
SEC. 935. REPORTS ON DEPARTMENT OF DEFENSE PROGRESS IN DEFENDING THE
DEPARTMENT AND THE DEFENSE INDUSTRIAL BASE FROM CYBER
EVENTS.
(a) Reports on Progress Required.--Not later than March 15, 2011,
and every year thereafter through 2015, the Secretary of Defense shall
submit to the congressional defense committees a report on the progress
of the Department of Defense in defending the Department and the
defense industrial base from cyber events (such as attacks, intrusions,
and theft).
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) In the case of the first report, a baseline for
measuring the progress of the Department of Defense in
defending the Department and the defense industrial base from
cyber events, including definitions of significant cyber
events, an appropriate categorization of various types of cyber
events, the basic methods used in various cyber events, the
vulnerabilities exploited in such cyber events, and the metrics
to be utilized to determine whether the Department is or is not
making progress against an evolving cyber threat.
(2) A description of the nature and scope of significant
cyber events against the Department and the defense industrial
base during the preceding year, including, for each such event,
a description of the intelligence or other Department data
acquired, the extent of the corruption or compromise of
Department information or weapon systems, and the impact of
such event on the Department generally and on operational
capabilities.
(3) A comparative assessment of the offensive cyber warfare
capabilities of current representative potential United States
adversaries and nations with advanced cyber warfare
capabilities with the capacity of the United States to defend--
(A) military networks and mission capabilities; and
(B) critical infrastructure.
(4) A comparative assessment of the offensive cyber warfare
capabilities of the United States with the capacity of current
representative potential United States adversaries and nations
with advanced cyber warfare capabilities to defend against
cyber attacks.
(5) A comparative assessment of the degree of dependency of
current representative potential United States adversaries,
nations with advanced cyber warfare capabilities, and the
United States on networks that can be attacked through
cyberspace.
(c) Performance of Certain Assessments.--The comparative assessment
required by subsection (b)(3)(B) shall be performed by the Department
of Homeland Security, in coordination with the Department of Defense
and other agencies of the Government with specific responsibility for
critical infrastructure.
(d) Form.--Each report under this section shall be submitted in
unclassified form, but may include a classified annex.
Subtitle E--Other Matters
SEC. 951. REPORT ON ORGANIZATIONAL STRUCTURE AND POLICY GUIDANCE OF THE
DEPARTMENT OF DEFENSE REGARDING INFORMATION OPERATIONS.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the organizational
structure and policy guidance of the Department of Defense with respect
to information operations.
(b) Review.--In preparing the report required by subsection (a),
the Secretary shall review the following:
(1) The extent to which the current definition of
``information operations'' in Department of Defense Directive
3600.1 is appropriate.
(2) The appropriate location within the Department of the
lead official responsible for information operations of the
Department, including the designation of a principal staff
assistant to the Secretary of Defense for information
operations.
(3) Departmental responsibility for the development and
oversight of Department policy on information operations and
for the integration of such operations.
(4) Departmental responsibility for the planning,
execution, and oversight of Department information operations.
(5) Departmental responsibility for coordination within the
Department, and between the Department and other departments
and agencies of the Federal Government, regarding Department
information operations, and for the resolution of conflicts in
the discharge of such operations.
(6) The roles and responsibilities of the military
departments, the United States Special Operations Command, and
the other combatant commands in the development and
implementation of information operations.
(7) The roles and responsibilities of the defense
intelligence agencies for support of information operations.
(8) The roles of the Assistant Secretary of Defense for
Public Affairs, the Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict, and the Assistant
Secretary of Defense for Networks and Information Integration
in information operations.
(9) The role of related capabilities in the discharge of
information operations, including public affairs capabilities,
civil-military operations capabilities, defense support of
public diplomacy, and intelligence.
(10) The management structure of computer network
operations in the Department for the discharge of information
operations, and the policy in support of that component.
(11) The appropriate use, management, and oversight of
contractors in the development and implementation of
information operations.
(c) Department of Defense Directive.--Upon the submittal of the
report required by subsection (a), the Secretary shall prescribe a
revised directive for the Department of Defense on information
operations. The directive shall take into account the results of the
review conducted for purposes of the report.
(d) Information Operations Defined.--In this section, the term
``information operations'' means the information operations specified
in Department of Defense Directive 3600.1, as follows:
(1) Electronic warfare.
(2) Computer network operations.
(3) Psychological operations.
(4) Military deception.
(5) Operations security.
SEC. 952. REPORT ON ORGANIZATIONAL STRUCTURES OF THE GEOGRAPHIC
COMBATANT COMMAND HEADQUARTERS.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff shall jointly submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report on the organizational structures of the
headquarters of the geographic combatant commands.
(b) Elements.--The report required by subsection (a) shall include
the following;
(1) A description of the organizational structure of the
headquarters of each geographic combatant command.
(2) An assessment of the benefits and limitations of the
different organizational structures in meeting the broad range
of military missions of the geographic combatant commands.
(3) A description and assessment of the role and
contributions of other departments and agencies of the Federal
Government within each organizational structure, including a
description of any plans to expand interagency participation in
the geographic combatant commands in the future.
(4) A description of any lessons learned from the ongoing
reorganization of the organizational structure of the United
States Southern Command and the United States Africa Command,
including an assessment of the value, if any, added by the
position of civilian deputy to the commander of the United
States Southern Command and to the commander of the United
States Africa Command.
(5) Any other matters the Secretary and the Chairman
consider appropriate.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2011 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$5,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
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.
(a) Repeal.--Section 226 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title is amended by striking the item relating to
section 226.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF EXPENSES FOR
CERTAIN NAVY MESS OPERATIONS.
(a) Extension.--Subsection (b) of section 1014 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4585) is amended by striking ``September 30, 2010''
and inserting ``September 30, 2015''.
(b) Clarification of Scope of Authority.--Subsection (a) of such
section is amended by inserting ``in any fiscal year'' after ``may be
used''.
Subtitle C--Counterdrug Matters
SEC. 1021. NOTICE TO CONGRESS ON MILITARY CONSTRUCTION PROJECTS FOR
FACILITIES OF FOREIGN LAW ENFORCEMENT AGENCIES FOR
COUNTER-DRUG ACTIVITIES.
(a) Notice to Congress.--
(1) Notice.--Paragraph (2) of section 1004(h) of the
National Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 374 note) is amended by striking ``that--'' and all that
follows and inserting ``that is intended for--
``(A) the modification or repair of a Department of Defense
facility for the purpose set forth in subsection (b)(4); or
``(B) the construction, repair, or modification of a
facility of a foreign law enforcement agency for the purpose of
counter-drug activities of the law enforcement agency.''.
(2) Construction of notice.--Such section is further
amended by adding at the end the following new paragraph:
``(3) Paragraph (2) may not be construed as an authorization for
the use of funds for any military construction project other than an
unspecified minor military construction project.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2010, and shall apply with respect to
facilities projects for which a decision is made to be carried out on
or after that date.
SEC. 1022. EXTENSION AND EXPANSION OF SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.
(a) Extension.--
(1) In general.--Subsection (a)(2) of section 1033 of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 1881), as most recently amended by
section 1014 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2442), is
further amended by striking ``2010'' and inserting ``2011''.
(2) Maximum amount of support.--Subsection (e)(2) of such
section, as so amended, is further amended by striking ``either
of fiscal years 2009 and 2010'' and inserting ``any of fiscal
years 2009 through 2011''.
(b) Additional Government Eligible To Receive Support.--Subsection
(b) of such section, as most recently amended by section 1024 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122. Stat. 4587), is further amended by adding at
the end the following new paragraph:
``(23) The Government of Nicaragua.''.
SEC. 1023. EXTENSION AND MODIFICATION OF JOINT TASK FORCES SUPPORT TO
LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM
ACTIVITIES.
(a) Extension.--Subsection (b) of section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is
amended by striking ``2010'' and inserting ``2011''.
(b) Availability of Authority Dependent on Connection Between
Foreign Terrorist Organization and Illegal Drug Trafficking.--
(1) Availability of authority for future support.--
Subsection (d) of that section is amended--
(A) by inserting ``(1)'' before ``Any support'';
and
(B) by adding at the end the following new
paragraph:
``(2)(A) In any fiscal year after fiscal year 2010, a joint task
force described in subsection (a) may provide support described in that
subsection only if the Secretary of Defense determines and certifies to
Congress that a significant connection exists between the foreign
terrorist organization concerned and an entity engaged in illegal drug
trafficking.
``(B) In this paragraph, the term `foreign terrorist organization'
means an organization designated under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).''.
(2) Compliance of current support with requirement.--The
Secretary of Defense shall submit to Congress a report setting
forth a certification as to whether or not each existing joint
task force providing support under section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 as of September
30, 2010, is providing such support in a manner consistent with
the requirements of paragraph (2) of subsection (d) of such
section, as added by paragraph (1) of this subsection.
SEC. 1024. EXTENSION OF NUMERICAL LIMITATION ON ASSIGNMENT OF UNITED
STATES PERSONNEL IN COLOMBIA.
Section 1021(c) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2042), as most recently amended by section 1011 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-81; 123 Stat.
2441), is further amended by striking ``2010'' and inserting ``2011''.
SEC. 1025. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT FOREIGN
COUNTER-DRUG ACTIVITIES.
Section 1022(a) 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-255), as most recently amended by section
1013 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2442), is further amended by striking
``February 15, 2010'' and inserting ``February 15, 2011''.
Subtitle D--Homeland Defense and Civil Support
SEC. 1031. LIMITATION ON DEACTIVATION OF EXISTING CONSEQUENCE
MANAGEMENT RESPONSE FORCES.
(a) Limitation.--The Secretary of Defense shall ensure that no
Chemical, Biological, Radiological, Nuclear, or High-Yield Explosive
(CBRNE) Consequence Management Response Force established as of October
1, 2009, is deactivated or disestablished until 90 days after the
Secretary provides a certification described in subsection (b).
(b) Certification.--The certification described in this subsection
is a written certification to the congressional defense committees that
there exists within the United States Armed Forces an alternative
chemical, biological, radiological, nuclear, or high-yield explosive
consequence management response capability that is at least as capable
as two Chemical, Biological, Radiological, Nuclear, or High-Yield
Explosive Consequence Management Response Forces.
(c) Report Required.--
(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 plans of the
Department of Defense to establish Homeland Response Forces for
domestic emergency response to incidents involving weapons of
mass destruction.
(2) Elements of report.--The report required by this
subsection shall include the following:
(A) A detailed description of the analysis that led
to the decision to establish Homeland Response Forces
described in paragraph (1), including--
(i) whether consideration was given to
establishing Homeland Response Forces within
the Reserves; and
(ii) the reasons for not planning to
establish any Homeland Response Forces within
the Reserves.
(B) A detailed description of the plans to
establish Homeland Response Forces, including--
(i) the cost and schedule to establish,
equip, maintain, and operate the proposed
Homeland Response Forces;
(ii) guidelines for the employment of
Homeland Response Forces; and
(iii) the portion of the costs of Homeland
Response Forces that will be borne by the
States.
(C) A detailed description of the proposed number
and composition of Homeland Response Forces,
including--
(i) the number and type of units in each
Homeland Response Force; and
(ii) the number of personnel in each
Homeland Response Force.
(D) A comparative assessment of the emergency
response capabilities of a Homeland Response Force with
the capabilities of a Chemical, Biological,
Radiological, Nuclear, or High-Yield Explosive
Consequence Management Response Force, including--
(i) a comparison of the equipment proposed
for each type of force;
(ii) a comparison of the proposed means of
transportation for each type of force;
(iii) an estimate of the time it would take
each type of force to deploy to an incident
site; and
(iv) an estimate of the operational
duration of each type of force at such a site.
(E) A description of the command and control
arrangements proposed for the Homeland Response Forces,
including a description of the degree to which the
Homeland Response Forces would be subject to the
direction and control of the Department of Defense, as
compared to the Governor of the State in which they are
located.
(F) The results of the United States Northern
Command study of the possible concepts of operations
and of the implementation of the Homeland Response
Force plan in such a manner as to provide adequate
capability to provide Federal defense support to civil
authorities during domestic incidents involving weapons
of mass destruction.
(G) Any other matters the Secretary considers
appropriate.
(3) Form of report.--The report required by this subsection
shall be in unclassified form, but may include a classified
annex.
SEC. 1032. AUTHORITY TO MAKE EXCESS NONLETHAL SUPPLIES AVAILABLE FOR
DOMESTIC EMERGENCY ASSISTANCE.
(a) Availability for Domestic Emergency Assistance.--Section 2557
of title 10, United States Code, is amended--
(1) in subsection (a)(1), by adding at the end the
following new sentence: ``In addition, the Secretary may make
any nonlethal excess supplies of the Department available to
support domestic emergency assistance activities.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``Excess''; and
(B) by adding at the end the following new
paragraph:
``(2) Excess supplies made available under this section to support
domestic emergency assistance activities shall be distributed in
coordination with the Secretary of Homeland Security.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2557. Excess nonlethal supplies: availability for humanitarian
relief; domestic emergency assistance; and homeless
veterans assistance''.
(2) Table of sections.--The item relating to section 2557
in the table of sections at the beginning of chapter 152 of
such title is amended to read as follows:
``2557. Excess nonlethal supplies: availability for humanitarian
relief; domestic emergency assistance; and
homeless veterans assistance.''.
SEC. 1033. SALE OF SURPLUS MILITARY EQUIPMENT TO STATE AND LOCAL
HOMELAND SECURITY AND EMERGENCY MANAGEMENT AGENCIES.
(a) State and Local Agencies to Which Sales May Be Made.--Section
2576 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``State and local law enforcement
and firefighting agencies'' and inserting ``State and
local law enforcement, firefighting, homeland security,
and emergency management agencies''; and
(B) by striking ``in carrying out law enforcement
and firefighting activities'' and inserting ``in
carrying out law enforcement, firefighting, homeland
security, and emergency management activities''; and
(2) in subsection (b), by striking ``State or local law
enforcement or firefighting agency'' both places it appears and
inserting ``State or local law enforcement, firefighting,
homeland security, or emergency management agency''.
(b) Types of Equipment That May Be Sold.--Subsection (a) of such
section is further amended by striking ``and protective body armor''
and inserting ``personal protective equipment, and other appropriate
equipment''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2576. Surplus military equipment: sale to State and local law
enforcement, firefighting, homeland security, and
emergency management agencies''.
(2) Table of sections.--The item relating to section 2576
in the table of sections at the beginning of chapter 153 of
such title is amended to read as follows:
``2576. Surplus military equipment: sale to State and local law
enforcement, firefighting, 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.
(a) In General.--The Secretary of Defense shall deploy not fewer
than 6,000 National Guard personnel to perform operations and missions
under section 502(f) of title 32, United States Code, in the States
along the southern land border of the United States for the purposes of
assisting U.S. Customs and Border Protection in securing such border.
(b) Assignment of Operations and Missions.--
(1) In general.--National Guard units and personnel
deployed under subsection (a) may be assigned such operations
and missions as are necessary to secure the southern land
border of the United States.
(2) Nature of duty.--Duty by National Guard personnel
performing such operations and missions shall be full-time
National Guard duty under title 32, United States Code.
(c) Range of Operations and Missions.--The operations and missions
assigned under subsection (b) shall include, but are not limited to,
temporary authority to perform the following:
(1) Construction of fencing, including double-layer and
triple-layer fencing.
(2) Increasing ground-based mobile surveillance systems.
(3) Deployment of additional unmanned aerial systems and
manned aircraft sufficient to maintain continuous surveillance
of the border.
(4) Deployment and provision of capability for radio
communications interoperability between U.S. Customs and Border
Protection and State, local, and tribal law enforcement
agencies.
(5) Construction of checkpoints along the border to bridge
the gap to long-term permanent checkpoints.
(6) Conduct of mobile patrols and provision of assistance
to U.S. Customs and Border Protection, particularly in rural,
high-trafficked areas, as designated by the Commissioner of
Customs and Border Protection.
(d) Commencement and Completion of Initial Deployment.--The
Secretary of Defense shall commence the deployment of National Guard
units and personnel under subsection (a) to secure the southern land
border of the United States not later than 72 hours after the date of
the enactment of this Act, and shall complete the deployment of initial
units and personnel to that border for that purpose not later than 30
days after the date of the enactment of this Act.
(e) Duration of Deployment.--The Secretary of Defense shall
maintain the deployment of National Guard units and personnel along the
southern land border of the United States until the Secretary of
Defense, in consultation with the Secretary of Homeland Security and
the chief executive officers of the States adjoining such border,
certifies to Congress that the Federal Government has achieved
operational control of such border (as defined in section 2(b) of the
Secure Fence Act of 2006 (Public Law 109-367)).
(f) Materiel and Logistical Support.--The Secretary of Defense
shall deploy such materiel and equipment and logistics support as is
necessary to ensure success of the operations and missions conducted by
the National Guard under subsection (a).
(g) Funding.--
(1) In general.--The Secretary of Defense shall fund the
deployment of the National Guard under this section through
transfers of funds under section 1001 from lower priority
authorizations available to the Department of Defense.
(2) Exception from aggregate limitation on transfers.--
Amounts transferred for the deployment of the National Guard
under this section shall not be counted toward the dollar
limitation on the aggregate amount of transferred authorized
for fiscal year 2011 by section 1001(a)(2).
(h) Exclusion From National Guard Personnel Strength Limitations.--
National Guard personnel deployed under subsection (a) shall not be
included in the calculation to determine compliance with limits on end
strength for National Guard personnel or on limits on the number of
National Guard personal that may be placed on active duty for
operational support under section 415 of this Act or 115 of title 10,
United States Code.
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.
(a) In General.--Except as provided in subsection (c), the
Secretary of Defense shall not prohibit, issue any requirement relating
to, or collect or record any information relating to the otherwise
lawful acquisition, possession, ownership, carrying, or other use of a
privately-owned firearm, privately-owned ammunition, or another
privately-owned weapon by a member of the Armed Forces or civilian
employee of the Department of Defense on property that is not--
(1) a military installation; or
(2) any other property that is owned or operated by the
Department of Defense.
(b) Existing Regulations and Records.--
(1) Regulations.--Any regulation promulgated before the
date of enactment of this Act that requires conduct prohibited
by this section is null and void and shall have no force or
effect.
(2) Records.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall destroy
any record containing information described in subsection (a)
that was collected before the date of enactment of this Act.
(c) Rule of Construction.--Subsection (a) shall not be construed to
limit the authority of the Secretary of Defense to--
(1) regulate the possession, carrying, or other use of a
firearm, ammunition, or other weapon by a member of the Armed
Forces or civilian employee of the Department of Defense
while--
(A) engaged in official duties on behalf of the
Department of Defense; or
(B) wearing the uniform of an Armed Force; or
(2) create or maintain records relating to an
investigation, prosecution, or adjudication of an alleged
violation of law (including regulations) not prohibited under
subsection (a), including matters related to whether a member
of the Armed Forces constitutes a threat to the member or
others.
(d) Review.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Defense shall--
(1) conduct a comprehensive review of the privately-owned
weapons policy of the Department of Defense, including legal
and policy issues regarding the regulation of privately-owned
firearms off of a military installation, as recommended by the
Department of Defense Independent Review Related to Fort Hood;
and
(2) submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report regarding the findings of and
recommendations relating to the review conducted under
paragraph (1), including any recommendations for adjustments to
the requirements under this section.
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.
(a) Extension of Prohibition on Release.--Subsection (a) of section
1041 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2454) is amended by striking ``December
31, 2010'' and inserting ``December 31, 2011''.
(b) Extension of Limitation on Transfer.--Subsection (b) of such
section is amended by striking ``December 31, 2010'' and inserting
``December 31, 2011''.
SEC. 1044. LIMITATION ON TRANSFER OF DETAINEES FROM UNITED STATES NAVAL
STATION GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
(a) Limitation.--No funds authorized to be appropriated for the
Department of Defense by this Act, or otherwise made available to the
Department of Defense, may be used during the one-year period beginning
on the date of the enactment of this Act to transfer a covered detainee
from United States Naval Station, Guantanamo Bay, Cuba, to a country
where al Qaeda has an active presence.
(b) Countries Where Al Qaeda Has an Active Presence.--For purposes
of this section, a country where al Qaeda has an active presence means
the following:
(1) Afghanistan.
(2) Pakistan.
(3) Saudi Arabia.
(4) Somalia.
(5) Yemen.
(c) Covered Detainee.--For purposes of this section, a covered
detainee is any individual detained under United States custody at
United States Naval Station Guantanamo Bay, Cuba, as of May 1, 2010.
SEC. 1045. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN TRIAL OF CAPITAL
OFFENSE BY MILITARY COMMISSION.
(a) Clarification of Right.--Section 949m(b)(2) of title 10, United
States Code, is amended--
(1) in subparagraph (C), by inserting before the semicolon
the following: ``, or a guilty plea was accepted and not
withdrawn prior to announcement of the sentence in accordance
with section 949i(b) of this title''; and
(2) in subparagraph (D), by inserting ``on the sentence''
after ``vote was taken''.
(b) Pre-trial Agreements.--Section 949i of such title is amended by
adding at the end the following new subsection:
``(c) Pre-trial Agreements.--(1) A plea of guilty made by the
accused that is accepted by a military judge under subsection (b) and
not withdrawn prior to announcement of the sentence may form the basis
for an agreement reducing the maximum sentence approved by the
convening authority, including the reduction of a sentence of death to
a lesser punishment, or that the case will be referred to a military
commission under this chapter without seeking the penalty of death.
Such an agreement may provide for terms and conditions in addition to a
guilty plea by the accused in order to be effective.
``(2) A plea agreement under this subsection may not provide for a
sentence of death imposed by a military judge alone. A sentence of
death may only be imposed by the votes of all members of a military
commission concurring in the sentence of death as provided in section
949m(b)(2)(D) of this title.''.
SEC. 1046. FISCAL YEAR 2011 ADMINISTRATION AND REPORT ON THE TROOPS-TO-
TEACHERS PROGRAM.
(a) Fiscal Year 2011 Administration.--Notwithstanding section
2302(c) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6672(c)), the Secretary of Defense shall administer the Troops-
to-Teachers Program during fiscal year 2011, and shall utilize amounts
authorized to be appropriated for the Department of Defense by this Act
for that purpose.
(b) Report.--Not later than April 1, 2011, the Secretary of Defense
and the Secretary of Education shall jointly submit to the appropriate
committees of Congress a report on the Troops-to-Teachers Program. The
report shall include the following:
(1) A detailed history of the Troops-to-Teachers Program.
(2) A detailed description of the current administration of
the Troops-to-Teachers Program, and a description how the
program will be administered if transferred to the Department
of Defense.
(3) An assessment of the effectiveness of the Troops-to-
Teachers Program as a transition assistance program and in
incentivizing personnel leaving the military to enter the
teaching profession.
(4) An assessment of the effectiveness of the Troops-to-
Teachers Program in providing qualified teachers to public
schools, and recommendations regarding expansion of the program
to allow more local educational agencies to become eligible
employers of teachers under the program in order to satisfy the
transition goals of the program.
(5) The rationale for the current administration of the
Troops-to-Teachers Program by the Department of Education, and
an assessment of the benefits of the administration of the
program by that department.
(6) The rationale for the proposed transfer of the Troops-
to-Teachers Program from the Department of Education to the
Department of Defense, and an assessment of the benefits of the
administration of the program by the Department of Defense if
transferred to the Department of Defense.
(7) A description of any proposed modifications to the
Troops-to-Teachers Program if transferred to the Department of
Defense.
(c) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committees on Armed Services and Health,
Education, Labor, and Pensions of the Senate; and
(B) the Committees on Armed Services and Education
and Labor of the House of Representatives.
(2) The term ``Troops-to-Teachers Program'' means the
Troops-to-Teachers Program authorized by chapter A of subpart 1
of part C of title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6671 et seq.).
SEC. 1047. MILITARY IMPACTS OF RENEWABLE ENERGY DEVELOPMENT PROJECTS
AND OTHER ENERGY PROJECTS.
(a) Objective.--It shall be the objective of the Department of
Defense to ensure that the robust development of renewable energy
sources and the expansion of the commercial electrical grid may move
forward in the United States, while minimizing or mitigating any
adverse impacts on military operations and readiness.
(b) Designation of Senior Official and Lead Organization.--
(1) Designation.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
designate a senior official of the Department of Defense, and a
lead organization of the Department of Defense, to be
responsible for addressing military impacts of renewable energy
development projects and other energy projects.
(2) Resources.--The Secretary shall ensure that the senior
official and lead organization designated under paragraph (1)
are assigned such personnel and resources as the Secretary
considers appropriate to carry out this section.
(c) Initial Actions.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
senior official and lead organization designated pursuant to subsection
(b), shall--
(1) conduct a preliminary review of pending renewable
energy development projects and other energy projects that are
known to the Department of Defense and that may have an adverse
impact on military operations and readiness, which review
shall, at a minimum, for each such project--
(A) assess the likely scope and duration of any
adverse impact of such project on military operations
and readiness; and
(B) identify any feasible and affordable actions
that could be taken in the immediate future by the
Department, the developer of such project, or others to
mitigate such adverse impact and to minimize risks to
national security while allowing such project to move
forward;
(2) develop, in coordination with other departments and
agencies of the Federal Government, an integrated review
process to ensure timely notification and consideration of
proposed renewable energy development projects and other energy
projects that may have an adverse impact on military operations
and readiness;
(3) establish procedures for the Department for the
coordinated consideration of and response to a request for a
review received from State and local officials or the developer
of a renewable energy development or other energy project,
including guidance to personnel at each military installation
in the United States on how to initiate such procedures and
ensure a coordinated Department response; and
(4) develop procedures for conducting outreach to parties
carrying out renewable energy development projects and other
energy projects that could have an adverse impact on military
operations and readiness, and to the general public, to clearly
communicate notice on actions being taken by Department under
this section and to receive comments from such parties and the
general public on such actions.
(d) Comprehensive Strategy.--
(1) Strategy required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
acting through the senior official and lead organization
designated pursuant to subsection (b), shall develop a
comprehensive strategy for addressing military impacts of
renewable energy development projects and other energy
projects.
(2) Elements.--The strategy required by paragraph (1)
shall, at a minimum, specifically identify feasible and
affordable long-term actions that may be taken to mitigate
adverse impacts of renewable energy development projects and
other energy projects on military operations and readiness,
including the following:
(A) Investments by the Department of Defense in
research and development.
(B) Acquisition of new systems by the Department
and other departments and agencies of the Federal
Government.
(C) Upgrades or modifications to existing systems
or procedures by the Department and other departments
and agencies of the Federal Government.
(D) Modifications of military operations.
(E) Modifications of renewable energy development
projects and other energy projects.
(e) Determinations of Unacceptable Risk.--
(1) In general.--The Secretary of Defense shall ensure that
the Department of Defense does not object to a proposed private
sector renewable energy development project or other energy
project except in a case in which the Secretary determines,
after giving full consideration to mitigation actions
identified pursuant to this section, that such project would
result in an unacceptable risk to the national security. Not
later than 30 days after any such determination, the Secretary
shall submit to Congress a report on such determination and the
basis for such determination.
(2) Non-delegation of determinations.--Any determination of
unacceptable risk under this section may be made only by the
Secretary of Defense or the Deputy Secretary of Defense,
without delegation, and after consideration of the
recommendation of the senior official designated pursuant to
subsection (b).
(f) Reports.--Not later than March 15 each year from 2011 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
actions taken by the Department of Defense during the preceding year to
implement this section and the comprehensive strategy developed
pursuant to this section.
SEC. 1048. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE REPORTS
REQUIRED BY LAW.
(a) Public Availability.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 122 the following new
section:
``Sec. 122a. Public availability of Department of Defense reports
required by law
``(a) In General.--The Secretary of Defense shall ensure that each
report described in subsection (b) is made available to the public,
upon request submitted on or after the date on which such report is
submitted to Congress, through the Office of the Assistant Secretary of
Defense for Public Affairs.
``(b) Covered Reports.--(1) Except as provided in paragraph (2), a
report described in this subsection is any report that is required by
law to be submitted to Congress by the Secretary of Defense, or by any
element of the Department of Defense.
``(2) A report otherwise described in paragraph (1) is not a report
described in this subsection if the report--
``(A) contains classified information;
``(B) contains proprietary information; or
``(C) is exempt from disclosure under section 552 of title
5 (commonly referred to as the `Freedom of Information
Act').''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by inserting
after the item relating to section 122 the following new item:
``122a. Public availability of Department of Defense reports required
by law.''.
(b) Effective Date.--Section 122a of title 10, United States Code
(as added by subsection (a)), shall take effect 90 days after the date
of the enactment of this Act, and shall apply with respect to reports
that are required by law to be submitted to Congress on or after that
date.
SEC. 1049. DEVELOPMENT OF CRITERIA AND METHODOLOGY FOR DETERMINING THE
SAFETY AND SECURITY OF NUCLEAR WEAPONS.
(a) In General.--The Secretary of Energy and the Secretary of
Defense shall, acting through the Nuclear Weapons Council, develop the
following:
(1) Criteria for determining the appropriate baseline for
safety and security of nuclear weapons.
(2) A methodology for determining the level of safety and
security that may be achieved through a life extension program
for each type of nuclear weapon.
(b) Report Required.--Not later than March 1, 2011, the Secretary
of Energy and the Secretary of Defense shall jointly submit to the
congressional defense committees a report containing the criteria and
the methodology developed pursuant to subsection (a).
Subtitle F--Reports
SEC. 1061. REPORT ON POTENTIAL RENEWABLE ENERGY PROJECTS ON MILITARY
INSTALLATIONS.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth an analysis of
the potential environmental, mission, and other costs and benefits of a
program to develop renewable energy generation projects on land within
the borders of military installations, including (in particular)
installations with the greatest renewable energy resources and
including installations consisting in whole or part of lands withdrawn
from the public domain.
(b) Elements.--The report required by subsection (a) shall address,
at a minimum, the following:
(1) An assessment of the extent to which renewable energy
generation at military installations could be conducted in a
manner consistent with the current and projected military
mission and other requirements of such installations.
(2) An estimate of the renewable energy generation
potential at each military installation covered by the report
pursuant to renewable energy projects that could be conducted
in a manner consistent with the current and projected military
mission and other requirements of such installation.
(3) A determination whether renewable energy projects at a
military installation covered by the report could reasonably be
expected to require significant new or upgraded electricity
transmission capacity within the boundaries of such
installation, and whether the infrastructure associated with
such new transmission capacity would be consistent with the
current and projected military mission and other requirements
of such installation.
(4) An assessment of the financial, environmental, national
security, and other costs and benefits of renewable energy
development (including energy costs and benefits to the
Department of Defense) at each military installation covered by
the report.
(5) An examination of existing legislative and regulatory
authorities, standards, requirements, and constraints for
renewable energy development on military installations covered
by the report, including any constraints that may negate or
limit the degree to which such renewable energy generation
directly enhances the energy security of such installations.
(6) A description of the degree of variation in standards
and requirements applicable to on-installation renewable energy
development for different elements of the Department, with an
assessment of the advantages and disadvantages of developing
uniform standards and requirements applicable to on-
installation renewable energy development for all facilities of
the Department.
(7) Such recommendations for legislative or administrative
action as the Secretary considers appropriate for purposes of--
(A) facilitating and incentivizing the development
of renewable energy projects on military installations;
and
(B) ensuring that such projects are carried out in
a manner that is both consistent with national security
requirements and enhances the energy security of such
installations.
(c) Renewable Energy.--In this section, the term ``renewable
energy'' has the meaning given to such term in Executive Order 13514,
dated October 5, 2009.
SEC. 1062. REPORT ON USE OF DOMESTICALLY-PRODUCED ALTERNATIVE FUELS OR
TECHNOLOGIES BY VEHICLES OF THE DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the following:
(1) The use and potential use of domestically-produced
alternative fuels or technologies, including natural gas-based
fuels, in vehicles of the Department of Defense.
(2) The actions being taken by the Department to meet
requirements on the use of alternative fuels in vehicles of the
Department through the use of each category of domestically-
produced alternative fuels or technologies, including natural
gas-based fuels.
(3) Actions that could be taken by the Department to
increase the use of alternative fuels in vehicles of the
Department through the use of domestically-produced alternative
fuels or technologies, including natural gas-based fuels.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the procurement of alternative fuel
vehicles and alternative fuels by the Department, and a
description of the installation by the Department of the
infrastructure associated with the use of such fuels in such
vehicles.
(2) A description of the use by the Department of
alternative fuel vehicles and alternative fuels in non-
deployable vehicles, including the role of natural gas-based
fuels and other domestically-produced alternative fuels or
technologies in the use of such vehicles.
(3) A description and assessment of new requirements for
the increased use of alternative fuel vehicles (including
natural gas fuel vehicles) and domestically-produced
alternative fuels or technologies (including natural gas-based
fuels) by the Department, and a description of the research and
development, whether ongoing or anticipated, necessary to meet
such requirements.
(4) A description and assessment of the current and
anticipated commercial availability of domestically-produced
alternative fuels or technologies (including natural gas-based
fuels) for vehicles, including facilities for the production,
storage, transportation, distribution, and commercial sale of
such fuels or technologies for vehicles.
(5) A projection of the manner in which the Department
could provide for the wider use of domestically-produced
alternative fuels or technologies (including natural gas-based
fuels) in vehicles, including an examination of factors such as
regional availability and economic feasibility.
(6) A description and assessment of the current and
anticipated commercial availability of alternative fuel
vehicles, including natural gas fuel vehicles, and a
description and assessment of the actions the Department could
initiate with original equipment manufacturers to meet
alternative fuel vehicle mandates.
(7) A description and assessment of the use of
infrastructure for fueling alternative fuel vehicles, including
natural gas fuel vehicles, on military installations in the
United States, including the use of publically-available
commercial infrastructure for that purpose.
(8) A description of the infrastructure (including any
storage and distribution facilities) for delivering alternative
fuels (including natural gas) on military installations in the
United States that could be adapted, converted, or supplemented
for the delivery of such fuels to vehicles, and an assessment
of feasibility and advisability of the adaptation, conversion,
or supplement of such infrastructure for that purpose,
including--
(A) an assessment of the cost of the adaptation or
conversation of such infrastructure; and
(B) an assessment of the cost of supplementing such
infrastructure.
(9) Such recommendations for legislative or administrative
action as the Secretary considers appropriate to ensure that
the Department meets goals and targets for the use of
alternative fuel vehicles and alternative fuels, including
through the use of natural gas fuel vehicles and natural gas-
based fuels.
(c) Preparation of Report.--
(1) Vehicles and infrastructure.--The Secretary may, using
amounts authorized to be appropriated by this division, procure
and utilize nondeployable vehicles and appropriate
infrastructure for purposes of the report required by
subsection (a).
(2) Consultation.--The Secretary shall consult with such
heads of other departments and agencies of the Federal
Government as the Secretary considers appropriate in preparing
the report.
SEC. 1063. REPORT ON ROLE AND UTILITY OF NON-LETHAL WEAPONS AND
TECHNOLOGIES IN COUNTERINSURGENCY OPERATIONS.
(a) Sense of Congress.--It is the sense of Congress that the
Department of Defense should support the research, development,
procurement, and fielding of non-lethal weapons and technologies
explicitly designed to reduce military casualties and fatalities,
improve military mission accomplishment and operational effectiveness,
and reduce civilian casualties and fatalities (and undesired damage to
property and the environment) in counterinsurgency operations.
(b) Report.--
(1) Report required.--Not later than 120 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 role and utility of non-lethal weapons and technologies
in counterinsurgency operations.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the manner in which non-lethal
weapons and technologies currently under research and
development may be used to reduce military casualties
and fatalities in counterinsurgency operations.
(B) A description of the manner in which non-lethal
weapons and technologies currently under research and
development may be used to reduce civilian casualties
and fatalities in counterinsurgency operations.
(C) A description of the extent to which non-lethal
weapons and technologies are incorporated into the
integrated priority list of the commanders of each of
the geographic combatant commands, and into the budgets
of the military departments.
(D) A description of the training provided to
military personnel to utilize non-lethal weapons and
technologies.
(E) A description of any lessons learned from the
employment of non-lethal weapons and technologies in
military 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.
(a) Finding.--Congress finds that the 2010 report on the Department
of Defense Quadrennial Defense Review concludes that ``[a]nti-access
strategies seek to deny outside countries the ability to project power
into a region, thereby allowing aggression or other destabilizing
actions to be conducted by the anti-access power. Without dominant
capabilities to project power, the integrity of United States alliances
and security partnerships could be called into question, reducing
United States security and influence and increasing the possibility of
conflict''.
(b) Sense of Congress.--It is the sense of Congress that, in light
of the finding in subsection (a), the Secretary of Defense should
ensure that the United States has the appropriate authorities,
capabilities, and force structure to defend against any potential
future threats posed by the anti-access and area-denial capabilities of
potentially hostile foreign countries.
(c) Report.--Not later than February 1, 2011, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on United States efforts to
defend against any potential future threats posed by the anti-access
and area-denial capabilities of potentially hostile nation-states.
(d) Elements.--The report required under subsection (c) shall
include the following:
(1) An assessment of any potential future threats posed by
the anti-access and area-denial capabilities of potentially
hostile foreign countries, including an identification of the
foreign countries with such capabilities, the nature of such
capabilities, and the possible advances in such capabilities
over the next 10 years.
(2) A description of any efforts by the Department of
Defense to address the potential future threats posed by the
anti-access and area-denial capabilities of potentially hostile
foreign countries.
(3) A description of the authorities, capabilities, and
force structure that the United States may require over the
next 10 years to address the threats posed by the anti-access
and area-denial capabilities of potentially hostile foreign
countries.
(e) Form.--The report required under subsection (c) shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
(f) Definitions.--In this section:
(1) The term ``anti-access'', with respect to capabilities,
means any action that has the effect of slowing the deployment
of friendly forces into a theater, preventing such forces from
operating from certain locations within that theater, or
causing such forces to operate from distances farther from the
locus of conflict than such forces would normally prefer.
(2) The term ``area-denial'', with respect to capabilities,
means operations aimed to prevent freedom of action of friendly
forces in the more narrow confines of the area under a
potentially hostile nation-state's direct control, including
actions by an adversary in the air, on land, and on and under
the sea to contest and prevent joint operations within a
defended battlespace.
Subtitle G--Other Matters
SEC. 1081. TECHNICAL, CONFORMING, AND UPDATING AMENDMENTS.
(a) Modernization of Section 172.--Section 172 of title 10, United
States Code, is amended--
(1) by striking ``(a)'' before ``The Secretaries''; and
(2) by striking subsection (b).
(b) Technical Amendments.--Section 382 of title 10, United States
Code, is amended by striking ``section 175 or 2332c'' in subsections
(a), (b)(2)(C), and (d)(2)(A)(ii) and inserting ``section 175, 229, or
2332a''
(c) Definitions Under Defense Environmental Restoration Program.--
Chapter 160 of title 10, United States Code, is amended as follows:
(1) Section 2700(2) is amended by inserting ```pollutant or
contaminant','' after `` `person',''.
(2) Section 2701(b)(1) is amended by striking ``substances,
pollutants, and'' and inserting ``substances, and pollutants
or''.
(d) Reduced Reporting Time Limits for Reports Submitted in
Electronic Media.--
(1) Section 2694a(e) of title 10 United States Code, is
amended by inserting before the period at the end the
following: ``or, if earlier, a period of 14 days has elapsed
from the date on which a copy of the notification is provided
in an electronic medium pursuant to section 480 of this
title''.
(2) Section 2806(c)(2)(B) of such title is amended by
inserting before the period at the end the following: ``or, if
earlier, a period of 14 days has elapsed from the date on which
a copy of the report is provided in an electronic medium
pursuant to section 480 of this title''.
(3) Section 2814(g)(2) of such title is amended by
inserting before the period at the end the following: ``or, if
earlier, a period of 20 days has elapsed from the date on which
a copy of the notification is provided in an electronic medium
pursuant to section 480 of this title''.
(4) Section 2828(f)(2) of such title is amended by
inserting before the period at the end the following: ``or, if
earlier, a period of 14 days has elapsed from the date on which
a copy of the notification is provided in an electronic medium
pursuant to section 480 of this title''.
(5) Section 2835(g)(2) of such title is amended--
(A) by striking ``calendar''; and
(B) by inserting before the period at the end the
following: ``or, if earlier, a period of 14 days has
elapsed from the date on which a copy of the analysis
is provided in an electronic medium pursuant to section
480 of this title''.
(6) Section 2881a(e)(2) is amended by inserting before the
period at the end the following: ``or, if earlier, a period of
20 days has elapsed from the date on which a copy of the report
is provided in an electronic medium pursuant to section 480 of
this title''.
(7) Section 2884(a)(4) of such title is amended by
inserting before the period at the end the following: ``or, if
earlier, a period of 20 days has elapsed from the date on which
a copy of the report is provided in an electronic medium
pursuant to section 480 of this title''.
(e) Transfer of Section 2814.--
(1) Transfer and amendment.--Section 2814 of title 10,
United States Code, as amended by subsection (d)(3), is
transferred to chapter 631, inserted after section 7205 and
redesignated as section 7206.
(2) Conforming amendments.--Such section, as so transferred
and redesignated, is further amended--
(A) in paragraphs (2) and (3)(B) of subsection (i),
by striking ``this chapter'' and inserting ``chapter
169 of this title''; and
(B) by striking subsection (l) and inserting the
following new subsection (l):
``(l) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' has the
meaning given such term in section 2801 of this title.
``(2) The term `property support services' means the
following:
``(A) Any utility service or other service listed
in section 2686(a) of this title.
``(B) Any other service determined by the Secretary
to be a service that supports the operation and
maintenance of real property, personal property, or
facilities.''.
(3) Clerical amendments.--
(A) The table of sections at the beginning of
chapter 169 of such title is amended by striking the
item relating to section 2814.
(B) The table of sections at the beginning of
chapter 631 of such title is amended by inserting after
the item relating to section 7205 the following new
item:
``7206. Special authority for development of Ford Island, Hawaii.''.
(f) Amendments to Public Law 111-84.--Effective as if included in
the enactment thereof, section 1202(c) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2512) is amended--
(1) by striking ``1208(f) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 2086) is amended in the second sentence'' and
inserting ``1208(f)(2) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086), as amended by section 1202(a) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 363), is further amended''; and
(2) by redesignating paragraphs (1) through (8), as
proposed to be inserted, as subparagraphs (A) through (H),
respectively and indenting the left margin of such
subparagraphs, as so redesignated, 4 ems from the left margin.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. MODIFICATION OF CERTAIN AUTHORITIES RELATING TO PERSONNEL
DEMONSTRATION LABORATORIES.
(a) Correction to Cross Reference for Direct Hire Authority.--
(1) In general.--Subsection (b) of section 1108 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4618; 10 U.S.C. 1580
note) is amended by striking ``identified'' and all that
follows and inserting ``designated by section 1105(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a
Department of Defense science and technology reinvention
laboratory.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 28, 2009, the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84).
(b) Modification of Personnel Ceiling in Utilization of Direct Hire
Authority.--
(1) In general.--Subsection (c)(1) of section 1108 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 is amended by striking ``2 percent'' and inserting
``5 percent''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act.
(c) Corrections to Cross Reference for Requirements for Full
Implementation of Personnel Demonstration Project.--
(1) In general.--Section 1107 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 357) is amended--
(A) in subsection (a) by striking ``exempted by''
and all that follows and inserting ``designated by
section 1105(a) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2486; 10 U.S.C. 2358 note) as Department of Defense
science and technology reinvention laboratories.''; and
(B) in subsection (c), by striking ``as
enumerated'' and all that follows and inserting
``designated as described in subsection (a).''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 28, 2009.
(d) Correction to Section Reference.--
(1) In general.--Section 1121 of the National Defense
Authorization Act for Fiscal Year 2010 (123 Stat. 2505) is
amended--
(A) in subsection (a), by striking ``Section
9902(h) of title 5, United States Code'' and inserting
``Section 9902(g) of title 5, United States Code, as
redesignated by section 1113(b)(1)(B)''; and
(B) in subsection (b), by striking ``section
9902(h) of such title 5'' and inserting ``such
section''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 28, 2009, as if included in the
enactment of the National Defense Authorization Act for Fiscal
Year 2010, to which such amendments relate.
SEC. 1102. REQUIREMENTS FOR DEPARTMENT OF DEFENSE SENIOR MENTORS.
(a) In General.--The Secretary of Defense shall issue appropriate
policies and procedures to ensure that all senior mentors employed by
the Department of Defense are--
(1) hired as highly qualified experts under section 9903 of
title 5, United States Code; and
(2) required to comply with all applicable Federal laws and
regulations on personnel and ethics matters.
(b) Senior Mentor Defined.--In this section, the term ``senior
mentor'' means a retired flag, general, or other military officer or
retired senior civilian official who provides expert experience-based
mentoring, teaching, training, advice, and recommendations to senior
military officers, staffs, and students as they participate in war
games, warfighting courses, operational planning, operational
exercises, and decision-making exercises.
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.
Effective January 1, 2011, section 1101(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4615), as amended by section 1106(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2487), is further amended by striking ``calendar years 2009 and
2010'' and inserting ``calendar years 2009 through 2011''.
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.
(a) Designation of Occupations Covered by Recruitment and
Appointment Authority.--Subsection (a)(2) of section 1599c of title 10,
United States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by striking ``medical or health
professional positions'' and inserting ``health
care occupation''; and
(ii) by striking ``shortage category
positions'' and inserting ``a shortage category
occupation or critical need occupation''; and
(B) in clause (ii), by striking ``highly qualified
persons directly'' and inserting ``qualified persons
directly in the competitive service''; and
(2) by adding at the end the following new subparagraph:
``(C) Any designation by the Secretary for purposes of subparagraph
(A)(i) shall be based on an analysis of current and future Department
of Defense workforce requirements.''.
(b) Extension.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) by inserting ``under subsection (a)(1)'' after
``Secretary of Defense''; and
(B) by striking ``September 30, 2012'' and
inserting ``December 31, 2015''; and
(2) in paragraph (2), by striking ``September 30, 2012''
and inserting ``December 31, 2015''.
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.
Section 1105(a) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358
note) is amended by adding at the end the following new paragraph:
``(18) The Space and Missile Defense Technical Center of
the U.S. Army Space and Missile Defense Command/Army Forces
Strategic Command.''.
SEC. 1106. TREATMENT FOR CERTAIN EMPLOYEES PAID SAVED OR RETAINED
RATES.
(a) In General.--Section 1918(a)(3) of the Non-Foreign Area
Retirement Equity Assurance Act of 2009 (5 U.S.C. 5304 note) is amended
by striking ``January 1, 2012'' and inserting ``January 1, 2010''.
(b) Interim Pay Adjustments.--
(1) Adjustments.--
(A) In general.--Until the Director of the Office
of Personnel Management prescribes regulations in
accordance with the amendment made by subsection (a),
for employees receiving a cost-of-living allowance
under section 5941 of title 5, United States Code, and
a retained rate under section 5363 of that title,
agencies shall--
(i) calculate the adjustment under section
5363(b)(2)(B) of that title based on a maximum
rate of basic pay, excluding any locality-based
comparability payment; and
(ii) provide an additional adjustment
reflecting the full increase in the locality-
based comparability payment that would apply to
the employee but for receipt of a retained
rate.
(B) Guidance.--Not later than 30 days after the
date of enactment of this Act, the Director of the
Office of Personnel Management shall issue guidance for
carrying out paragraph (1).
(C) Other pay systems.--For employees in another
pay system that receive a retained rate equivalent to a
retained rate under section 5363 of title 5, United
States Code, equivalent treatment shall be provided,
consistent with section 1918(b) of the Non-Foreign Area
Retirement Equity Assurance Act of 2009.
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.
(a) Overtime Pay at Time-and-a-half Rate.--Section 5542(a) of title
5, United States Code, is amended by adding at the end the following
new paragraph:
``(6)(A) Notwithstanding paragraphs (1) and (2), for an
employee of the Department of the Navy who is assigned to
temporary duty to perform work aboard, or dockside in direct
support of, the nuclear aircraft carrier that is home-ported in
Japan and who would be nonexempt under the Fair Labor Standards
Act but for the application of the foreign area exemption in
section 13(f) of that Act (29 U.S.C. 213(f)), the overtime
hourly rate of pay is an amount equal to one and one-half times
the hourly rate of basic pay of the employee, and all that
amount is premium pay.
``(B) Subparagraph (A) shall expire on September 30,
2014.''.
(b) Reports.--
(1) Secretary of navy report.--Not later than September 30,
2013, the Secretary of the Navy shall submit to the Secretary
of Defense and the Director of the Office of Personnel
Management a report that--
(A) describes the use of the authority under
paragraph (6) of section 5542(a) of title 5, United
States Code, as added by subsection (a), including
associated costs, and including an evaluation of extent
to which exercise of the authority helped the Navy in
meeting its mission; and
(B) provides a recommendation on whether an
extension of the provisions of that paragraph is
needed.
(2) Report to congress.--Not later than March 31, 2014, the
Director of the Office of Personnel Management shall submit to
the Committee on Armed Services and the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Armed Services and the Committee on Oversight and
Governmental Reform of the House of Representatives a report
that--
(A) addresses the use of paragraph (6) of section
5542(a) of title 5, United States Code, as so added,
including associated costs, and including an evaluation
of the extent to which exercise of the authority helped
the Navy in meeting its mission;
(B) describes the extent to which other employees
experience the same circumstances as were experienced
by those described in that paragraph before its
enactment;
(C) provides an analysis of the advantages and
disadvantages that would be anticipated from extending
the expiration date of the authority under that
paragraph, and from expanding the authority under that
paragraph to include other employees; and
(D) conveys the report of the Secretary of the Navy
referred to in paragraph (1).
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Training and Assistance
SEC. 1201. ADDITION OF ALLIED GOVERNMENT AGENCIES TO ENHANCED LOGISTICS
INTEROPERABILITY AUTHORITY.
(a) Enhanced Interoperability Authority.--Subsection (a) of section
127d of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``Subject to'';
(2) by striking the second sentence; and
(3) by adding at the end the following new paragraphs:
``(2) In addition to any logistic support, supplies, and services
provided under paragraph (1), the Secretary of Defense may provide
logistic support, supplies, and services to allied forces solely for
the purpose of enhancing the interoperability of the logistical support
systems of military forces participating in combined operations with
the United States in order to facilitate such operations. Such logistic
support, supplies, and services may also be provided under this
paragraph to a nonmilitary logistics, security, or similar agency of an
allied government if such provision would directly benefit the armed
forces of the United States.
``(3) Provision of support, supplies, and services pursuant to
paragraph (1) or (2) may be made only with the concurrence of the
Secretary of State.''.
(b) Conforming Amendments.--
(1) Subsection (b) of such section is amended by striking
``subsection (a)'' in paragraphs (1) and (2) and inserting
``subsection (a)(1)''.
(2) Subsection (c) of such section is amended--
(A) in paragraph (1)--
(i) by striking ``Except as provided in
paragraph (2), the'' and inserting ``The''; and
(ii) by striking ``this section'' and
inserting ``subsection (a)(1)''; and
(B) in paragraph (2), by striking ``In addition''
and all that follows through ``fiscal year,'' and
inserting ``The value of the logistic support,
supplies, and services provided under subsection (a)(2)
in any fiscal year may not''.
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.
(a) Expansion for Training for Deployment.--Paragraph (3) of
section 1202(a) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412), as most
recently amended by section 1252(a) of the National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-181; 122 Stat.
402), is further amended--
(1) by striking ``only in Iraq or Afghanistan, or in a
peacekeeping operation described in paragraph (1), as
applicable, and''; and
(2) by striking ``those forces.'' and inserting ``those
forces and only--
``(A) in Iraq or Afghanistan;
``(B) in a peacekeeping operation described in
paragraph (1); or
``(C) in connection with the training of those
forces to be deployed to Iraq, Afghanistan, or a
peacekeeping operation described in paragraph (1) for
such deployment.''.
(b) Notice and Wait on Exercise of Additional Authority.--Such
section is further amended by adding at the end the following new
paragraph:
``(5) Notice and wait on provision of equipment for certain
purposes.--Equipment may not be provided under paragraph (1) in
connection with training as specified in paragraph (3)(C) until
15 days after the date on which the Secretary of Defense
submits to the specified congressional committees written
notice on the provision of such equipment for such purpose.''.
SEC. 1203. AUTHORITY TO BUILD THE CAPACITY OF YEMEN MINISTRY OF
INTERIOR COUNTER TERRORISM FORCES.
(a) Authority.--The Secretary of Defense may, with the concurrence
of the Secretary of State, provide assistance during fiscal year 2011
to enhance the ability of the Yemen Ministry of Interior Counter
Terrorism Forces to conduct counterterrorism operations against al
Qaeda in the Arabian Peninsula and its affiliates.
(b) Types of Assistance.--
(1) Authorized elements.--Assistance under subsection (a)
may include the provision of equipment, supplies, and training.
(2) Required elements.--Assistance under subsection (a)
shall be provided in a manner that promotes--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority in
Yemen.
(3) Assistance otherwise prohibited by law.--The Secretary
of Defense may not use the authority in subsection (a) to
provide any type of assistance described in this subsection
that is otherwise prohibited by any provision of law.
(c) Funding.--Of the amount authorized to be appropriated by
section 301 for operation and maintenance for fiscal year 2011,
$75,000,000 may be utilized to provide assistance under subsection (a).
(d) Notice to Congress.--
(1) In general.--Not less than 15 days before providing
assistance under subsection (a), the Secretary of Defense shall
submit to the committees of Congress specified in paragraph (2)
a notice setting forth the assistance to be provided, including
the types of such assistance, the budget for such assistance,
and the completion date for the provision of such assistance.
(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
SEC. 1204. AUTHORITY TO PAY PERSONNEL EXPENSES IN CONNECTION WITH
AFRICAN COOPERATION.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1050 the following new section:
``Sec. 1050a. African cooperation: payment of personnel expenses
``The Secretary of a military department may pay the travel,
subsistence, and special compensation of officers and students of
African countries and other expenses that the Secretary considers
necessary for African cooperation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of such title is amended by inserting after the item
relating to section 1050 the following new item:
``1050a. African cooperation: payment of personnel expenses.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2010.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
SEC. 1211. ONE-YEAR EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY
RESPONSE PROGRAM AND RELATED AUTHORITIES.
(a) One-year Extension of CERP Authority.--Section 1202(a) of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3455), as most recently amended by section 1222 of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123. Stat. 2518), is further amended--
(1) in the subsection heading, by striking ``Fiscal Year
2010'' and inserting ``Fiscal Year 2011'';
(2) by striking ``fiscal year 2010'' and inserting ``fiscal
year 2011''; and
(3) by striking ``$1,300,000,000'' and inserting
``$900,000,000''.
(b) One-year Extension of Authority To Transfer Funds for Support
of Afghanistan National Solidarity Program.--Subsection (d) of section
1222 of the National Defense Authorization Act for Fiscal Year 2010 is
amended--
(1) in paragraph (1) by striking ``fiscal year 2010'' and
inserting ``fiscal year 2011''; and
(2) in paragraph (4), by striking ``September 30, 2010''
and inserting ``September 30 2011''.
(c) One-year Extension of Authority for Use of Funds for
Reintegration Activities in Afghanistan.--Subsection (e) of section
1222 of the National Defense Authorization Act for Fiscal Year 2010 is
amended--
(1) in paragraph (1) by striking ``fiscal year 2010'' and
inserting ``fiscal year 2011''; and
(2) in paragraph (3), by striking ``September 30, 2010''
and inserting ``September 30 2011''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2010.
SEC. 1212. INCREASE IN TEMPORARY LIMITATION ON AMOUNT FOR BUILDING
CAPACITY OF FOREIGN MILITARY FORCES TO PARTICIPATE IN OR
SUPPORT MILITARY AND STABILITY OPERATIONS.
(a) Increase.--Section 1206(c)(5) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3456), as most recently amended by section 1206 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-81; 123 Stat.
2514), is further amended by striking ``$75,000,000 may be used during
fiscal year 2011'' and inserting ``$100,000,000 may be used during
fiscal year 2011''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2010.
SEC. 1213. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN
COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES
MILITARY OPERATIONS.
(a) Extension of Authority.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 393), as amended by section 1223 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2519), is further amended by striking ``section 1509(5) of the
National Defense Authorization Act for Fiscal Year 2010'' and inserting
``section 1503 of the National Defense Authorization Act for Fiscal
Year 2011''.
(b) Limitation on Amount.--Subsection (d)(1) of such section, as so
amended, is further amended in the second sentence by inserting ``or
2011'' after ``fiscal year 2010''.
(c) Exception From Notice to Congress Requirements.--Subsection (e)
of such section, as so amended, is further amended--
(1) by striking ``(e) Notice to Congress.--The Secretary of
Defense'' and inserting the following:
``(e) Notice to Congress.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Exception.--The requirement to provide notice under
paragraph (1) shall not apply with respect to a reimbursement
for access based on an international agreement.''.
(d) Submittal of Guidance on Use of Authority for Related Other
Support.--Such section is further amended--
(1) by redesignating subsection (g), as added by such
amendments, as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Submittal of Guidance on Authority for Other Support.--
``(1) Initial submittal.--Not later than 30 days after the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 2011, the Secretary of Defense shall submit to
the appropriate congressional committees a copy of the guidance
issued by the Secretary to the Armed Forces for the purpose of
the provision of support authorized by subsection (b).
``(2) Modifications.--If the guidance in effect for the
purpose stated in paragraph (1) is modified, the Secretary
shall submit to the appropriate congressional committees a copy
of the modification not later than 15 days after the date on
which the Secretary makes the modification.''.
(e) Extension of Notice Requirement Relating to Reimbursement of
Pakistan for Support Provided by Pakistan.--Section 1232(b)(6) of the
National Defense Authorization Act for Fiscal Year 2008 (122 Stat.
393), as most recently amended by section 1223 of the National Defense
Authorization Act for Fiscal Year 2010, is further amended by striking
``September 30, 2011'' and inserting ``September 30, 2012''.
SEC. 1214. EXTENSION AND MODIFICATION OF PAKISTAN COUNTERINSURGENCY
FUND.
(a) Extension.--Subsection (h) of section 1224 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2521) is amended by striking ``September 30, 2010'' both places
it appears and inserting ``September 30, 2011''.
(b) Required Elements of Assistance.--Subsection (b) of such
section is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Required elements of assistance.--Assistance provided
to the security forces of Pakistan under this section in a
fiscal year after fiscal year 2010 shall be provided in a
manner that promotes--
``(A) observance of and respect for human rights
and fundamental freedoms; and
``(B) respect for legitimate civilian authority
within Pakistan.''.
SEC. 1215. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND
PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY
FORCES OF IRAQ AND AFGHANISTAN.
(a) Extension of Authority.--Subsection (h) of section 1234 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2532) is amended by striking ``September 30, 2010''
and inserting ``December 31, 2011''.
(b) Quarterly Reports.--Subsection (f)(1) of such section is
amended by striking ``during fiscal year 2010'' and inserting ``through
March 31, 2012''.
SEC. 1216. SENSE OF CONGRESS AND REPORTS ON TRAINING OF AFGHAN NATIONAL
POLICE.
(a) Findings.--Congress makes the following findings:
(1) The United States has had an expanded role in efforts
to create and sustain Afghan National Police forces since 2002,
including through training the Uniformed Police, the Afghan
National Civil Order Police (ANCOP), the Border Police, the
Counter Narcotics Police, the Criminal Investigation Police,
and the Counter Terrorism Police.
(2) Entities involved in the current Afghan National Police
training program include the International Security Assistance
Force (ISAF), the combined North Atlantic Treaty Organization
Training Mission-Afghanistan (NTM-A), the Combined Security
Transition Command-Afghanistan (CSTC-A) of the Department of
Defense, the Department of State, the Civilian Police (CIVPOL)
Program of the Bureau of International Narcotics and Law
Enforcement Affair (INL), and the Afghan Ministry of the
Interior (MOI).
(3) As recently as February 2010, the Inspectors General of
the Department of Defense and the Department of State found
serious deficiencies in the management of the training program
for the Afghan National Police, due in part to poor
coordination between the Department of Defense and the
Department of State, and that these deficiencies were adversely
affecting the development of an Afghan National Police force.
(4) A trained Afghan National Police force capable of being
sustained by the Government of Afghanistan is critical to the
success of the counterinsurgency mission in Afghanistan.
(5) An April 15, 2010 hearing by the Committee on Homeland
Security and Government Affairs of the Senate noted that there
were systemic problems in Afghanistan in the coordination of
Department of Defense, Department of State, and North Atlantic
Treaty Organization (NATO) coalition police training and rule
of law programs and a lack of contract management personnel to
ensure adequate performance of such programs.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government should take measurable actions to--
(1) improve its capacity to advise and mentor the Afghan
National Police through--
(A) more effective and efficient police training
programs;
(B) enhanced oversight of contracts for police
training;
(C) the enhancement of personnel and promotion
systems for members of the Armed Forces to reward
officers serving as advisors, mentors, and trainers for
foreign forces such as the Afghan National Police; and
(D) the provision of adequate funding for the
Afghan National Police training program; and
(2) clarify the roles, missions, and responsibilities of
the departments and agencies of the United States Government
for police training and the rule of law operations and improve
the structuring of such responsibilities so that such
departments and agencies have clear operational structures,
sufficient funding and support, effective oversight, and clear
chains of command and leadership with respect to such
responsibilities.
(c) DoD Inspector General Report on Afghan National Police Training
Program.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of the
Department of Defense shall, in consultation with the Inspector
General of the Department of State, submit to the appropriate
committees of Congress a report on the Afghan National Police
training program.
(2) Review.--In preparing the report required by paragraph
(1), the Inspector General of the Department of Defense shall
conduct a review of the Afghan National Police training program
that focuses on developments since the Inspector General of the
Department of Defense and the Inspector General of the
Department of State released the report entitled ``Department
of Defense Obligations and Expenditures of Funds Provided to
the Department of State for the Training and Mentoring of the
Afghan National Police'' (DODIG Report No. D-2010-042, DOSIG
Report No. MERO-A-10-06, February 9, 2010).
(3) Elements of report.--The report required by paragraph
(1) shall include the following:
(A) A description of the components, planning, and
scope of the Afghan National Police training program
since the United States assumed control of the program
in 2003.
(B) A description of the cost to the United States
of the Afghan National Police training program,
including the source and amount of funding, and a
description of the allocation of responsibility between
the Department of Defense and the Department of State
for funding the program.
(C) A description of the allocation of
responsibility between the Department of Defense and
the Department of State for the oversight and execution
of the program.
(D) A description of the personnel and staffing
requirements for overseeing and executing the program,
both in the United States and in theater, including
United States civilian government and military
personnel, contractor personnel, and nongovernmental
personnel, and non-United States civilian and military
personnel, contractor personnel, and nongovernmental
personnel.
(E) An assessment of the cost, performance metrics,
and planning associated with the transfer of
administration of the contract for the Afghan National
Police training program from the Department of State to
the Department of Defense.
(d) GAO Report on Use of Government Personnel Rather Than
Contractors for Training Afghan National Police.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United
States shall, in consultation with the Department of Defense
and the Department of State, submit to the appropriate
committees of Congress a report on the use of United States
Government personnel rather than contractors for the training
of the Afghan National Police.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of the feasibility and
advisability of transferring performance of the Afghan
National Police training program from contractors to
United States Government personnel, including an
assessment of--
(i) the shortfalls and inefficiencies in
contractor performance of the Afghan National
Police training program;
(ii) the capacity of United States
Government personnel available to address the
shortfalls and inefficiencies described in
clause (i) and to meet anticipated future needs
under the Afghan National Police training
program; and
(iii) options for leveraging United States
Government resources and capacity to better
address current and future needs under the
Afghan National Police training program.
(B) An assessment of the impact for oversight, cost
considerations, performance, policy, and other
appropriate matters of transferring performance of the
Afghan National Police training program from
contractors to United States Government personnel.
(C) An assessment of the lessons learned from the
execution and oversight of the police training program
in Iraq, and other applicable police training programs
led by the Department of Defense, regarding the
relative advantages and disadvantages of using United
States Government personnel or contractors to perform
the Afghan National Police training program.
(e) Report on Police Training and Rule of Law Programs Abroad.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of Homeland Security, the
Secretary of State, and the Attorney General, submit to the
appropriate committees of Congress a report on the strategy for
police training and rule of law programs in Afghanistan, Iraq,
and elsewhere abroad.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of the requirements for programs
related to police training and the rule of law abroad.
(B) Recommendations on the role of the Department
of Defense in carrying out police training and rule of
law programs abroad.
(C) Recommendations on the manner in which police
training and rule of law missions of the United States
Government abroad should be structured so that these
missions have clear operational structures.
(D) Recommendations on the manner in which the
Department of Defense should coordinate with other
departments and agencies of the United States
Government engaged in police training and rule of law
activities abroad, in supported and supporting roles.
(E) Recommendations on appropriate funding and
support for the Department of Defense to carry out
Department programs for police training and rule of law
activities abroad.
(F) Recommendations on mechanisms for effective
oversight of Department of Defense programs for police
training and rule of law activities abroad.
(G) A specification of clear chains of command and
leadership within the Department of Defense programs
for police training and rule of law activities abroad.
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services, Foreign Relations,
Homeland Security and Governmental Affairs, and Appropriations
of the Senate; and
(2) the Committees on Armed Services, Foreign Affairs,
Oversight and Government Reform, and Appropriations of the
House of Representatives.
Subtitle C--Reports
SEC. 1231. ONE-YEAR EXTENSION OF REPORT ON PROGRESS TOWARD SECURITY AND
STABILITY IN AFGHANISTAN.
Section 1230(a) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385), as amended by
section 1236 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-81; 123 Stat. 2535), is further amended by
striking ``2011'' and inserting ``2012''.
SEC. 1232. TWO-YEAR EXTENSION OF UNITED STATES PLAN FOR SUSTAINING THE
AFGHANISTAN NATIONAL SECURITY FORCES.
Section 1231(a) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 390) is amended by
striking ``2010'' and inserting ``2012''.
SEC. 1233. REPORT ON DEPARTMENT OF DEFENSE SUPPORT FOR COALITION
OPERATIONS.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the implementation
of the coalition support authorities of the Department of Defense
during Operation Iraqi Freedom and Operation Enduring Freedom.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the purpose and use of each coalition
support authority of the Department of Defense.
(2) For the period of Operation Enduring Freedom ending on
September 30, 2010, a summary of the amount of training,
equipment, services, or other assistance provided or loaned
under any coalition support authority of the Department of
Defense set forth, for each such authority, by amount provided
or loaned during each fiscal year of such period for each
recipient country.
(3) For the period of Operation Iraqi Freedom ending on
September 30, 2010, a summary of the amount of training,
equipment, services, or other assistance provided or loaned
under any coalition support authority of the Department of
Defense set forth, for each such authority, by amount provided
or loaned during each fiscal year of such period for each
recipient country.
(4) An assessment of the effectiveness of each coalition
support authority of the Department of Defense in meeting its
intended purpose.
(5) For each recipient country of coalition support under a
coalition support authority of the Department of Defense--
(A) a description of the contribution of such
country to coalition operations in Operation Enduring
Freedom or Operating Iraqi Freedom; and
(B) an assessment of the extent to which coalition
support provided by the United States enhanced the
ability of such country to participate in coalition
operations in Operation Enduring Freedom or Operating
Iraqi Freedom.
(6) A description of the actions taken by the Department
Defense to eliminate duplication and overlap in coalition
support provided under the coalition support authorities of the
Department of Defense.
(7) An assessment by the Secretary of Defense whether there
is an ongoing need for each coalition support authority of the
Department of Defense, and an estimate of the anticipated
future demand for coalition support under such coalition
support authorities.
(c) Coalition Support Authorities of the Department of Defense
Defined .--In this section, the term ``coalition support authorities of
the Department of Defense'' means the following:
(1) Coalition Support Funds, including the authority to
provide specialized training and loan specialized equipment
under the Coalition Support Fund (commonly referred to as the
``Coalition Readiness Support Program'').
(2) Lift and sustain authority under Appropriations acts or
under section 1234 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394).
(3) Global lift and sustain authority under section 127c of
title 10, United States Code.
(4) The authority to provide logistic support, supplies,
and services to allied forces participating in combined
operations under section 127d of title 10, United States Code.
(5) The temporary authority to lend significant military
equipment under acquisition and cross-servicing agreements
pursuant to section 1202 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
(6) The authority under section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163) to provide assistance to build the capacity of foreign
nations to support military or stability operations in which
the United States Armed Forces are a participant.
(7) Any other authority that the Secretary of Defense
designates as a coalition support authority of the Department
of Defense for purposes of the report required by subsection
(a).
SEC. 1234. REPORT ON UNITED STATES ENGAGEMENT WITH THE ISLAMIC REPUBLIC
OF IRAN.
(a) In General.--Not later than January 31, 2011, the President
shall submit to Congress a report on United States engagement with the
Islamic Republic of Iran.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) Diplomatic engagement.--With respect to diplomatic
engagement, the following:
(A) A description of areas of mutual interest to
the Government of the United States and the Government
of Iran in which cooperation and discussion could be of
mutual interest.
(B) A discussion and assessment of the commitment
of the Government of Iran to engage in good-faith
discussions with the United States to resolve matters
of concern through negotiation.
(C) An assessment of direct contacts between the
Government of the United States and the Government of
Iran, including any direct discussions, exchange of
letters, or other activities.
(2) Support for terrorism.--With respect to support for
terrorism, an assessment of the types and amount of support
provided by Government of Iran to state sponsors of terrorism
and groups designated by the United States as foreign terrorist
organizations and regional militant groups, including
organizations and groups present in Iraq and Afghanistan.
(3) Nuclear activities.--With respect to nuclear
activities, an assessment of the extent to which the Government
of Iran has complied with United Nations Security Council
Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008),
and 1835 (2008), and with any other applicable resolutions
adopted by the United Nations Security Council as of the date
of the report.
(4) Missile activities.--With respect to missile
activities, an assessment of the extent to which the Government
of Iran has continued development of its ballistic missile
program, including participation in any imports or exports of
any items, materials, goods, and technologies related to that
program and has complied with applicable United Nations
Security Council Resolutions.
(5) Support to illegal narcotics network in afghanistan.--
With respect to narcotics network in Afghanistan, an assessment
of the extent to which the Government of Iran has supported and
facilitated or attempted to disrupt the narcotics trade in
Afghanistan.
(6) Strategic decision-making.--With respect to the
strategic decision making of the Government of Iran, an
assessment of how the threat perceptions of the Government of
Iran affect its strategic decision-making regarding its nuclear
program, and how threats to use force against the Government of
Iran affect that decision-making process.
(7) Sanctions against iran.--With regard to sanctions
against Iran, the following:
(A) A list of all current United States bilateral
and multilateral sanctions against Iran.
(B) A description and discussion of United States
diplomatic efforts to enforce bilateral and
multilateral sanctions against Iran and to strengthen
international efforts to enforce such sanctions.
(C) An assessment of the effectiveness of existing
bilateral and multilateral economic sanctions towards
achieving the goals of the United States with regard
to--
(i) the Government of Iran;
(ii) the Islamic Revolutionary Guard Corps;
and
(iii) access of the Iran people to
information and communications on the Internet.
(D) A list of all United States and foreign
registered entities that the Secretary of State has
determined to be engaged in activities in violation of
existing United States bilateral or multilateral
sanctions against Iran.
(E) A list of all entities that provide censorship,
surveillance, and other technology to the Government of
Iran that enable the Government of Iran to restrict the
free flow of information or disrupt, monitor, or
otherwise restrict speech in Iran.
(F) A summary of United States efforts to enforce
sanctions against Iran, including--
(i) a list of all investigations initiated
in the 18-month period ending on the date of
the enactment of this Act that have resulted in
a determination that activities subject to
sanctions have occurred;
(ii) a description of the actions taken by
the United States Government pursuant to each
such determination; and
(iii) a description of the status of
outstanding investigations undertaken under the
Iran Freedom Support Act (Public Law 109-293)
and the procedures in place to bring such
investigations to a conclusion.
(8) Student visas.--With respect to student visa policy, an
assessment of opportunities for the United States and Iran to
engage in educational exchanges, including--
(A) opportunities for expanding educational
exchanges for Iranian students to study in the United
States; and
(B) the feasibility and advisability of expanding
the number and types of visas issued to Iranians for
educational exchanges.
(c) Period of Report.--Except as otherwise provided in this
section, the period covered by the report required by subsection (a)
shall be the period beginning on the date of the submittal of the
report required by section 1241 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-81; 123 Stat. 2537) and ending
on the date of the submittal of the report required by subsection (a).
(d) Submittal of Similar Reports and Materials.--If any report or
other material, whether required by law or not, submitted to Congress
or any committee of Congress substantially responds to any requirement
contained in this section, such requirement shall be considered to have
been satisfied by including in the report required by subsection (a) a
listing of the title and date of the other such report or material so
submitted.
(e) Submittal in Classified Form.--To the extent possible the
report required by subsection (a) shall be submitted in an unclassified
format.
SEC. 1235. DEFENSE POLICY BOARD REPORT ON DEPARTMENT OF DEFENSE
STRATEGY TO COUNTER VIOLENT EXTREMISM OUTSIDE THE UNITED
STATES.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Defense Policy Board shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the strategy of the Department of Defense
to counter violent extremism outside the United States.
(b) Elements.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) A review of the current strategy, research activities,
resource allocations, and organizational structure of the
Department of Defense for countering violent extremism outside
the United States.
(2) An analysis of alternatives and options available to
the Department to counter violent extremism outside the United
States.
(3) An analysis of the current information campaign of the
Department against violent extremists outside the United
States.
(4) Such recommendations for further action to address the
matters covered by the report as the Defense Policy Board
considers appropriate.
SEC. 1236. REPORT ON CUBA.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Director of National Intelligence and the Secretary of State,
submit to the congressional defense committees a report setting forth
the following:
(1) A description of any connections between the Government
of Cuba and drug trafficking organizations in the Western
Hemisphere.
(2) A description of any economic, intelligence, or other
support provided by the governments of Bolivia, Ecuador, or
Venezuela to the Government of Cuba.
(3) A description of any agreements or other arrangements
between the Government of Cuba and the governments currently on
the United States list of state sponsors of terrorism.
(4) A description of any activities by the Government of
Cuba to develop any biological or cyber warfare capabilities,
including any collaboration with other countries in the Western
Hemisphere for that purpose.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1237. REPORT ON VENEZUELA.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Director of National Intelligence and the Secretary of State,
submit to the congressional defense committees a report setting forth
the following:
(1) A description of any activities by the Government of
Venezuela to supply any terrorist organization with planning,
training, logistics, and lethal material support.
(2) A description of any activities by the Government of
Venezuela to provide direct or indirect financial assistance to
any terrorist organization.
(3) A description of any activities by the Government of
Venezuela to provide other types of assistance that could
provide material support for the activities of any terrorist
organization.
(4) A description of any activities or assistance,
including the proliferation of nuclear materials, the
Government of Venezuela is engaged in with or providing to the
governments currently on the United States list of state
sponsors of terrorism.
(5) A description of any other activities being conducted
by the Government of Venezuela in the Western Hemisphere that
undermine the national interest of the United States.
(b) Terrorist Organizations of Particular Interest.--The report
required by subsection (a) shall focus primarily on, but not be
limited, to the following terrorist organizations:
(1) Hamas.
(2) Hezbollah.
(3) The National Liberation Army.
(4) The Revolutionary Armed Forces of Colombia
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1238. REPORT ON THE DISARMAMENT OF THE LORD'S RESISTANCE ARMY.
(a) Sense of Senate.--It is the sense of the Senate that the United
States should, consistent with policy established by the Lord's
Resistance Army Disarmament and Northern Uganda Recovery Act of 2009
(Public Law 111-172)--
(1) work with regional governments toward a comprehensive
and lasting resolution to the conflict in northern Uganda and
other areas affected by the Lord's Resistance Army;
(2) provide political, military, logistics, and
intelligence support for multilateral efforts to protect
civilians from the Lord's Resistance Army;
(3) provide, in the continued absence of a negotiated
solution, political, economic, military, logistics, and
intelligence support to multilateral efforts to apprehend or
remove Joseph Kony and his top commanders from the battlefield
and to disarm and demobilize the remaining Lord's Resistance
Army fighters; and
(4) provide assistance to respond to the humanitarian needs
of populations in northeastern Congo, southern Sudan, and
Central African Republic currently affected by the activity of
the Lord's Resistance Army.
(b) Report on Strategy to Support the Disarmament of the Lord's
Resistance Army.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of State, develop and submit to
the Committees on Armed Services of the Senate and House of
Representatives a report setting forth a strategy to provide
military, logistics, and intelligence support for multilateral
efforts to mitigate and eliminate the threat to civilians and
regional stability posed by the Lord's Resistance Army.
(2) Elements.--The strategy required by paragraph (1) shall
include an assessment of the level of support required to--
(A) help strengthen efforts by the United Nations
and regional governments to protect civilians from
attacks by the Lord's Resistance Army;
(B) apprehend or remove Joseph Kony and his top
commanders from the battlefield in the continued
absence of a negotiated solution; and
(C) help disarm and demobilize the remaining Lord's
Resistance Army fighters.
(3) Form.--The report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501 of
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C.
2362 note).
(b) Fiscal Year 2011 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2011 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by
the funding table in section 4301 for Cooperative Threat Reduction
programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by
the funding table in section 4301 for Cooperative Threat Reduction
programs shall be available for obligation for fiscal years 2011, 2012,
and 2013.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $522,512,000 authorized
to be appropriated to the Department of Defense for fiscal year 2011 in
section 301 and made available by the funding table in section 4301 for
Cooperative Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$66,732,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,800,000.
(3) For nuclear weapons storage security in Russia,
$9,614,000.
(4) For nuclear weapons transportation security in Russia,
$45,000,000.
(5) For weapons of mass destruction proliferation
prevention, $79,821,000.
(6) For biological threat reduction in the former Soviet
Union, $209,034,000.
(7) For chemical weapons destruction, $3,000,000.
(8) For defense and military contacts, $5,000,000.
(9) For global nuclear lockdown, $74,471,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $23,040,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2011 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 15 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2011 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2011 for a purpose listed
in paragraphs (1) through (10) of subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (10) of subsection (a)
in excess of the specific amount authorized for such purpose
may be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1303. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN COUNTRIES OUTSIDE OF THE FORMER SOVIET
UNION.
None of the fiscal year 2011 Cooperative Threat Reduction funds may
be obligated or expended to establish a center of excellence in a
country that is not a state of the former Soviet Union until the date
that is 15 days after the date on which the Secretary of Defense
submits to the congressional defense committees a report that includes
the following:
(1) An identification of the country in which the center
will be located.
(2) A description of the purpose for which the center will
be established.
(3) The agreement under which the center will operate.
(4) A funding plan for the center, including--
(A) the amount of funds to be provided by the
government of the country in which the center will be
located; and
(B) the percentage of the total cost of
establishing and operating the center the funds
described in subparagraph (A) will cover.
SEC. 1304. PLAN FOR NONPROLIFERATION, PROLIFERATION PREVENTION, AND
THREAT REDUCTION ACTIVITIES WITH THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--Not later than March 1, 2011, the Secretary of
Defense and Secretary of Energy shall jointly submit to the
congressional defense committees a plan to carry out activities
relating to nonproliferation, proliferation prevention, and threat
reduction with the Government of the People's Republic of China during
fiscal years 2011 through 2016.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) A description of the activities to be carried out under
the plan.
(2) A description of milestones and goals for such
activities.
(3) An estimate of the annual cost of such activities.
(4) An estimate of the amount of the total cost of such
activities to be provided by the Government of the People's
Republic of China.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
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 providing capital for working capital and
revolving funds, as specified in the funding table in section 4401.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the National Defense Sealift Fund, as specified in the funding
table in section 4401.
SEC. 1403. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for the Defense Health Program, as specified in the funding table
in section 4401.
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2011
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4401.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), as amended by section
1411 of this Act; and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4401.
SEC. 1406. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4401.
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.
(a) Restatement of Statutory Authority With Consolidation and
Reorganization.--Section 1412 of the National Defense Authorization
Act, 1986 (50 U.S.C. 1521) is amended to read as follows:
``SEC. 1412. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL
AGENTS AND MUNITIONS.
``(a) In General.--The Secretary of Defense shall, in accordance
with the provisions of this section, carry out the destruction of the
United States' stockpile of lethal chemical agents and munitions that
exists on November 8, 1985.
``(b) Date for Completion.--(1) The destruction of such stockpile
shall be completed by the stockpile elimination deadline.
``(2) If the Secretary of Defense determines at any time that there
will be a delay in meeting the requirement in paragraph (1) for the
completion of the destruction of chemical weapons by the stockpile
elimination deadline, the Secretary shall immediately notify the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives of that projected delay.
``(3) For purposes of this section, the term `stockpile elimination
deadline' means the deadline established by the Chemical Weapons
Convention, but not later than December 31, 2017.
``(c) Initiation of Demilitarization Operations.--The Secretary of
Defense may not initiate destruction of the chemical munitions
stockpile stored at a site until the following support measures are in
place:
``(1) Support measures that are required by Department of
Defense and Army chemical surety and security program
regulations.
``(2) Support measures that are required by the general and
site chemical munitions demilitarization plans specific to that
installation.
``(3) Support measures that are required by the permits
required by the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for
chemical munitions demilitarization operations at that
installation, as approved by the appropriate State regulatory
agencies.
``(d) Environmental Protection and Use of Facilities.--(1) In
carrying out the requirement of subsection (a), the Secretary of
Defense shall provide for--
``(A) maximum protection for the environment, the general
public, and the personnel who are involved in the destruction
of the lethal chemical agents and munitions referred to in
subsection (a), including but not limited to the use of
technologies and procedures that will minimize risk to the
public at each site; and
``(B) adequate and safe facilities designed solely for the
destruction of lethal chemical agents and munitions.
``(2) Facilities constructed to carry out this section shall, when
no longer needed for the purposes for which they were constructed, be
disposed of in accordance with applicable laws and regulations and
mutual agreements between the Secretary of the Army and the Governor of
the State in which the facility is located.
``(3)(A) Facilities constructed to carry out this section may not
be used for a purpose other than the destruction of the stockpile of
lethal chemical agents and munitions that exists on November 8, 1985.
``(B) The prohibition in subparagraph (A) shall not apply with
respect to items designated by the Secretary of Defense as lethal
chemical agents, munitions, or related materials after November 8,
1985, if the State in which a destruction facility is located issues
the appropriate permit or permits for the destruction of such items at
the facility.
``(e) Grants and Cooperative Agreements.--(1)(A) In order to carry
out subsection (d)(1)(A), the Secretary of Defense may make grants to
State and local governments and to tribal organizations (either
directly or through the Federal Emergency Management Agency) to assist
those governments and tribal organizations in carrying out functions
relating to emergency preparedness and response in connection with the
disposal of the lethal chemical agents and munitions referred to in
subsection (a). Funds available to the Department of Defense for the
purpose of carrying out this section may be used for such grants.
``(B) Additionally, the Secretary may provide funds through
cooperative agreements with State and local governments, and with
tribal organizations, for the purpose of assisting them in processing,
approving, and overseeing permits and licenses necessary for the
construction and operation of facilities to carry out this section. The
Secretary shall ensure that funds provided through such a cooperative
agreement are used only for the purpose set forth in the preceding
sentence.
``(C) In this paragraph, the term `tribal organization' has the
meaning given that term in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(l)).
``(2)(A) In coordination with the Secretary of the Army and in
accordance with agreements between the Secretary of the Army and the
Administrator of the Federal Emergency Management Agency, the
Administrator shall carry out a program to provide assistance to State
and local governments in developing capabilities to respond to
emergencies involving risks to the public health or safety within their
jurisdictions that are identified by the Secretary as being risks
resulting from--
``(i) the storage of lethal chemical agents and munitions
referred to in subsection (a) at military installations in the
continental United States; or
``(ii) the destruction of such agents and munitions at
facilities referred to in subsection (d)(1)(B).
``(B) Assistance may be provided under this paragraph for
capabilities to respond to emergencies involving an installation or
facility as described in subparagraph (A) until the earlier of the
following:
``(i) The date of the completion of all grants and
cooperative agreements with respect to the installation or
facility for purposes of this paragraph between the Federal
Emergency Management Agency and the State and local governments
concerned.
``(ii) The date that is 180 days after the date of the
completion of the destruction of lethal chemical agents and
munitions at the installation or facility.
``(C) Not later than December 15 of each year, the Administrator
shall transmit a report to Congress on the activities carried out under
this paragraph during the fiscal year preceding the fiscal year in
which the report is submitted.
``(f) Requirement for Strategic Plan.--(1) The Under Secretary of
Defense for Acquisition, Technology, and Logistics and the Secretary of
the Army shall jointly prepare, and from time to time shall update as
appropriate, a strategic plan for future activities for destruction of
the United States' stockpile of lethal chemical agents and munitions.
``(2) The plan shall include, at a minimum, the following
considerations:
``(A) Realistic budgeting for stockpile destruction and
related support programs.
``(B) Contingency planning for foreseeable or anticipated
problems.
``(C) A management approach and associated actions that
address compliance with the obligations of the United States
under the Chemical Weapons Convention and that take full
advantage of opportunities to accelerate destruction of the
stockpile.
``(3) The Secretary of Defense shall each year submit to the
Committee on the Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives the strategic plan as
most recently prepared and updated under paragraph (1). Such submission
shall be made each year at the time of the submission to the Congress
that year of the President's budget for the next fiscal year.
``(g) Management Organization.--(1) In carrying out this section,
the Secretary of Defense shall provide for a management organization
within the Department of the Army. The Secretary of the Army shall be
responsible for management of the destruction of agents and munitions
at all sites except Blue Grass Army Depot, Kentucky, and Pueblo
Chemical Depot, Colorado
``(2) The program manager for the Assembled Chemical Weapons
Alternative Program shall be responsible for management of the
construction, operation, and closure, and any contracting relating
thereto, of chemical demilitarization activities at Bluegrass Army
Depot, Kentucky, and Pueblo Army Depot, Colorado, including management
of the pilot-scale facility phase of the alternative technology
selected for the destruction of lethal chemical munitions. In
performing such management, the program manager shall act independently
of the Army program manager for Chemical Demilitarization and shall
report to the Under Secretary of Defense for Acquisition, Technology,
and Logistics
``(3) The Secretary of Defense shall designate a general officer or
civilian equivalent as the director of the management organization
established under paragraph (1). Such officer shall have--
``(A) experience in the acquisition, storage, and
destruction of chemical agents and munitions; and
``(B) outstanding qualifications regarding safety in
handling chemical agents and munitions.
``(h) Identification of Funds.--(1) Funds for carrying out this
section, including funds for military construction projects necessary
to carry out this section, shall be set forth in the budget of the
Department of Defense for any fiscal year as a separate account. Such
funds shall not be included in the budget accounts for any military
department.
``(2) Amounts appropriated to the Secretary of Defense for the
purpose of carrying out subsection (e) shall be promptly made available
to the Administrator of the Federal Emergency Management Agency.
``(i) Annual Reports.--(1) Except as provided by paragraph (3), the
Secretary of Defense shall transmit, by December 15 each year, a report
to Congress on the activities carried out under this section during the
fiscal year ending on September 30 of the calendar year in which the
report is to be made.
``(2) Each annual report shall include the following:
``(A) A site-by-site description of the construction,
equipment, operation, and dismantling of facilities (during the
fiscal year for which the report is made) used to carry out the
destruction of agents and munitions under this section,
including any accidents or other unplanned occurrences
associated with such construction and operation.
``(B) A site-by-site description of actions taken to assist
State and local governments (either directly or through the
Federal Emergency Management Agency) in carrying out functions
relating to emergency preparedness and response in accordance
with subsection (e).
``(C) An accounting of all funds expended (during such
fiscal year) for activities carried out under this section,
with a separate accounting for amounts expended for--
``(i) the construction of and equipment for
facilities used for the destruction of agents and
munitions;
``(ii) the operation of such facilities;
``(iii) the dismantling or other closure of such
facilities;
``(iv) research and development;
``(v) program management;
``(vi) travel and associated travel costs for
Citizens' Advisory Commissioners under subsection
(m)(7); and
``(vii) grants to State and local governments to
assist those governments in carrying out functions
relating to emergency preparedness and response in
accordance with subsection (e).
``(D) An assessment of the safety status and the integrity
of the stockpile of lethal chemical agents and munitions
subject to this section, including--
``(i) an estimate on how much longer that stockpile
can continue to be stored safely;
``(ii) a site-by-site assessment of the safety of
those agents and munitions; and
``(iii) a description of the steps taken (to the
date of the report) to monitor the safety status of the
stockpile and to mitigate any further deterioration of
that status.
``(3) The Secretary shall transmit the final report under paragraph
(1) not later than 120 days following the completion of activities
under this section.
``(j) Semiannual Reports.--(1) Not later than March 1 and September
1 each year until the year in which the United States completes the
destruction of its entire stockpile of chemical weapons under the terms
of the Chemical Weapons Convention, the Secretary of Defense shall
submit to the members and committees of Congress referred to in
paragraph (3) a report on the implementation by the United States of
its chemical weapons destruction obligations under the Chemical Weapons
Convention.
``(2) Each report under paragraph (1) shall include the following:
``(A) The anticipated schedule at the time of such report
for the completion of destruction of chemical agents,
munitions, and materiel at each chemical weapons
demilitarization facility in the United States.
``(B) A description of the options and alternatives for
accelerating the completion of chemical weapons destruction at
each such facility, particularly in time to meet the stockpile
elimination deadline.
``(C) A description of the funding required to achieve each
of the options for destruction described under subparagraph
(B), and a detailed life-cycle cost estimate for each of the
affected facilities included in each such funding profile.
``(D) A description of all actions being taken by the
United States to accelerate the destruction of its entire
stockpile of chemical weapons, agents, and materiel in order to
meet the current stockpile elimination deadline under the
Chemical Weapons Convention of April 29, 2012, or as soon
thereafter as possible.
``(3) The members and committees of Congress referred to in this
paragraph are--
``(A) the majority leader and the minority leader of the
Senate and the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Speaker of the House of Representatives, the
majority leader and the minority leader of the House of
Representatives, and the Committee on Armed Services and the
Committee on Appropriations of the House of Representatives.
``(k) Authorized Use of Toxic Chemicals.--Consistent with United
States obligations under the Chemical Weapons Convention, the Secretary
of Defense may develop, produce, otherwise acquire, retain, transfer,
and use toxic chemicals and their precursors for purposes not
prohibited by the Chemical Weapons Convention if the types and
quantities of such chemicals and precurors are consistent with such
purposes, including for protective purposes such as protection against
toxic chemicals and protection against chemical weapons.
``(l) Surveillance and Assessment Program.--The Secretary of
Defense shall conduct an ongoing comprehensive program of--
``(1) surveillance of the existing United States stockpile
of chemical weapons; and
``(2) assessment of the condition of the stockpile.
``(m) Chemical Demilitarization Citizens' Advisory Commissions.--
(1)(A) The Secretary of the Army shall establish a citizens' commission
for each State in which there is a chemical demilitarization facility
under Army management.
``(B) The Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs shall establish a chemical demilitarization
citizens' commission in Colorado and in Kentucky.
``(C) Each commission under this subsection shall be known as the
`Chemical Demilitarization Citizens' Advisory Commission' for the State
concerned.
``(2)(A) The Secretary of the Army, or the Department of Defense
with respect to Colorado and Kentucky, shall provide for a
representative to meet with each commission established under this
subsection to receive citizen and State concerns regarding the ongoing
program for the disposal of the lethal chemical agents and munitions in
the stockpile referred to in subsection (a) at each of the sites with
respect to which a commission is established pursuant to paragraph (1).
``(B) The Secretary of the Army shall provide for a representative
from the Office of the Assistant Secretary of the Army (Acquisition,
Logistics, and Technology) to meet with each commission under Army
management.
``(C) The Department of Defense shall provide for a representative
from the Office of the Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs to meet with the commissions
in Colorado and Kentucky.
``(3)(A) Each commission under this subsection shall be composed of
nine members appointed by the Governor of the State. Seven of such
members shall be citizens from the local affected areas in the State.
The other two shall be representatives of State government who have
direct responsibilities related to the chemical demilitarization
program.
``(B) For purposes of this paragraph, affected areas are those
areas located within a 50-mile radius of a chemical weapons storage
site.
``(4) For a period of five years after the termination of any
commission under this subsection, no corporation, partnership, or other
organization in which a member of that commission, a spouse of a member
of that commission, or a natural or adopted child of a member of that
commission has an ownership interest may be awarded--
``(A) a contract related to the disposal of lethal chemical
agents or munitions in the stockpile referred to in subsection
(a); or
``(B) a subcontract under such a contract.
``(5) The members of each commission under this subsection shall
designate the chair of such commission from among the members of such
commission.
``(6) Each commission under this subsection shall meet with a
representative from the Army, or the Office of the Assistant Secretary
of Defense for Nuclear, Chemical, and Biological Defense Programs with
respect to the commissions in Colorado and Kentucky, upon joint
agreement between the chair of such commission and that representative.
The two parties shall meet not less often than twice a year and may
meet more often at their discretion.
``(7) Members of each commission under this subsection shall
receive no pay for their involvement in the activities of their
commissions. Funds appropriated for the Chemical Stockpile
Demilitarization Program may be used for travel and associated travel
costs for commissioners of commissions under this subsection when such
travel is conducted at the invitation of the Assistant Secretary of the
Army (Acquisition, Logistics, and Technology) or the invitation of the
Assistant Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs for the commissions in Colorado and Kentucky.
``(8) Each commission under this subsection shall be terminated
after the closure activities required pursuant to regulations
prescribed by the Administrator of the Environmental Protection Agency
pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) have
been completed for the chemical agent destruction facility in such
commission's State, or upon the request of the Governor of such
commission's State, whichever occurs first.
``(n) Incentive Clauses in Chemical Demilitarization Contracts.--
(1)(A) The Secretary of Defense may, for the purpose specified in
paragraph (B), authorize the inclusion of an incentives clause in any
contract for the destruction of the United States stockpile of lethal
chemical agents and munitions carried out pursuant to subsection (a).
``(B) The purpose of a clause referred to in subparagraph (A) is to
provide the contractor for a chemical demilitarization facility an
incentive to accelerate the safe elimination of the United States
chemical weapons stockpile and to reduce the total cost of the Chemical
Demilitarization Program by providing incentive payments for the early
completion of destruction operations and the closure of such facility.
``(2)(A) An incentives clause under this subsection shall permit
the contractor for the chemical demilitarization facility concerned the
opportunity to earn incentive payments for the completion of
destruction operations and facility closure activities within target
incentive ranges specified in such clause.
``(B) The maximum incentive payment under an incentives clause with
respect to a chemical demilitarization facility may not exceed the
following amounts:
``(i) In the case of an incentive payment for the
completion of destruction operations within the target
incentive range specified in such clause, $110,000,000.
``(ii) In the case of an incentive payment for the
completion of facility closure activities within the target
incentive range specified in such clause, $55,000,000.
``(C) An incentives clause in a contract under this section shall
specify the target incentive ranges of costs for completion of
destruction operations and facility closure activities, respectively,
as jointly agreed upon by the contracting officer and the contractor
concerned. An incentives clause shall require a proportionate reduction
in the maximum incentive payment amounts in the event that the
contractor exceeds an agreed-upon target cost if such excess costs are
the responsibility of the contractor.
``(D) The amount of the incentive payment earned by a contractor
for a chemical demilitarization facility under an incentives clause
under this subsection shall be based upon a determination by the
Secretary on how early in the target incentive range specified in such
clause destruction operations or facility closure activities, as the
case may be, are completed.
``(E) The provisions of any incentives clause under this subsection
shall be consistent with the obligation of the Secretary of Defense
under subsection (d)(1)(A), to provide for maximum protection for the
environment, the general public, and the personnel who are involved in
the destruction of the lethal chemical agents and munitions.
``(F) In negotiating the inclusion of an incentives clause in a
contract under this subsection, the Secretary may include in such
clause such additional terms and conditions as the Secretary considers
appropriate.
``(3)(A) No payment may be made under an incentives clause under
this subsection unless the Secretary determines that the contractor
concerned has satisfactorily performed its duties under such incentives
clause.
``(B) An incentives clause under this subsection shall specify that
the obligation of the Government to make payment under such incentives
clause is subject to the availability of appropriations for that
purpose. Amounts appropriated for Chemical Agents and Munitions
Destruction, Defense, shall be available for payments under incentives
clauses under this subsection.
``(o) Definitions.--In this section:
``(1) The term `chemical agent and munition' means an agent
or munition that, through its chemical properties, produces
lethal or other damaging effects on human beings, except that
such term does not include riot control agents, chemical
herbicides, smoke and other obscuration materials.
``(2) The term `Chemical Weapons Convention' means the
Convention on the Prohibition of Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction, with annexes, done at Paris, January 13, 1993, and
entered into force April 29, 1997 (T. Doc. 103-21).
``(3) The term `lethal chemical agent and munition' means a
chemical agent or munition that is designed to cause death,
through its chemical properties, to human beings in field
concentrations.
``(4) The term `destruction' means, with respect to
chemical munitions or agents--
``(A) the demolishment of such munitions or agents
by incineration or by any other means; or
``(B) the dismantling or other disposal of such
munitions or agents so as to make them useless for
military purposes and harmless to human beings under
normal circumstances.''.
(b) Repeal of Laws Restated in Section 1412 and Obsolete Provisions
of Law.--The following provisions of law are repealed:
(1) Section 125 of the National Defense Authorization Act
for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat.
1043; 50 U.S.C. 1521 note).
(2) Sections 172, 174, 175, and 180 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2341; 50 U.S.C. 1521 note).
(3) Section 152 of the National Defense Authorization Act
for Fiscal Year 1996 (50 U.S.C. 1521 note).
(4) Section 8065 of the Omnibus Consolidated Appropriations
Act, 1997 (50 U.S.C. 1521 note).
(5) Section 142 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1521 note).
(6) Section 141 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 537; 50
U.S.C. 1521 note).
(7) Section 8122 of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1566;
50 U.S.C. 1521 note).
(8) Section 923 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2360; 50 U.S.C. 1521 note).
(9) Section 8119 of the Department of Defense
Appropriations Act, 2008 (Public Law 110-116; 121 Stat. 1340;
50 U.S.C. 1521 note).
(10) Section 922(c) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 283; 50
U.S.C. 1521 note).
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.
(a) Authority for Transfer of Funds.--Funds authorized to be
appropriated by section 1403 and available for Defense Health Program
for operation and maintenance as specified in the funding table in
section 4401 may be transferred by the Secretary of Defense to the
Joint Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund established by subsection (a)(1) of section
1704 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2571). For purposes of subsection (a)(2)
of such section 1704, any funds so transferred shall be treated as
amounts authorized and appropriated for the Department of Defense
specifically for such transfer.
(b) Use of Transferred Funds.--For purposes of subsection (b) of
such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement pursuant to section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 455).
TITLE XV--OVERSEAS CONTINGENCY OPERATIONS
SEC. 1500. PURPOSE.
The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2011 to provide additional
funding for overseas contingency operations of the Department of
Defense in that fiscal year.
Subtitle A--Authorization of Additional Appropriations
SEC. 1501. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in the funding
table in section 4102.
SEC. 1502. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
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
4202.
SEC. 1503. OPERATION AND MAINTENANCE.
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
4302.
SEC. 1504. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the Department of Defense for military personnel in the amount of
$15,275,502,000.
SEC. 1505. WORKING CAPITAL FUNDS.
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 providing capital for working capital and
revolving funds, as specified in the funding table in section 4402.
SEC. 1506. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for the Defense Health Program, as specified in the funding table
in section 4402.
SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4402.
SEC. 1508. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2011 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4402.
Subtitle B--Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1522. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2011 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $4,000,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
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.
Of the amount authorized to be appropriated by section 1503 and
available for the Overseas Contingency Operations Transfer Fund as
specified in the funding table in section 4302, not more than
$105,000,000 shall be available solely for detainee operations at
United States Naval Station, Guantanamo Bay, Cuba.
SEC. 1532. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY
FORCES FUND.
(a) Limitations.--
(1) In general.--Funds authorized to be appropriated by
section 1507 and available for the Afghanistan Security Forces
Fund as specified in the funding table in section 4302 shall be
subject to the conditions contained in subsections (b), (c),
(e), (f), and (g) of section 1513 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 428), as amended by subsections (b), (c), and (d) of this
section.
(2) Prohibition on transfer of funds.--Funds described in
paragraph (1) shall not be subject to transfer pursuant to the
authority in subsection (d) of section 1513 of the National
Defense Authorization Act for Fiscal Year 2008.
(b) Availability of Funds for Non-intelligence Activities.--
Subsection (b)(1) of section 1513 of the National Defense Authorization
Act for Fiscal Year 2008 is amended by striking the period at the end
and inserting the following: ``, including those forces and personnel
of Afghan ministries assigned to or in support of the Major Crimes Task
Force.''.
(c) Modification of Prior Notice to Congress on Use of Funds.--
Subsection (e) of such section is amended by striking ``five days'' and
inserting ``15 days''.
(d) Treatment of Certain Reports as Satisfying Requirement for
Quarterly Reports on Use of Funds.--Subsection (g) of such section is
amended--
(1) by striking ``(g) Quarterly Reports.--Not later'' and
inserting the following:
``(g) Quarterly Reports.--
``(1) In general.--Not later''; and
(2) by adding at the end the following new paragraph:
``(2) Treatment of certain other reports as satisfying
report requirements.--The Secretary may treat a report
submitted under section 9010 of the Department of Defense
Appropriations Act, 2010 (Public Law 111-118; 123 Stat. 3466),
or a successor provision of law, with respect to a fiscal-year
quarter as satisfying the requirements for a report under
paragraph (1) with respect to such fiscal-year quarter.''.
SEC. 1533. IRAQ SECURITY FORCES FUND.
(a) Use of Funds.--
(1) In general.--Funds authorized to be appropriated by
section 1507 and available for the Iraq Security Forces Fund
pursuant to the funding table in section 4302 shall be
available to the Secretary of Defense for the purpose of
allowing the Commander, United States Forces Iraq, to provide
assistance to build the minimum essential capabilities of the
security forces of the Ministry of Defense and the Ministry of
Interior of Iraq.
(2) Types of assistance authorized.--Assistance provided
under this section may include the provision of equipment,
supplies, services, training, and repair and renovation of
facilities and infrastructure.
(3) Secretary of state concurrence.--Assistance may be
provided under this section only with the concurrence of the
Secretary of State.
(b) Limitation on Obligation of Funds Pending Certain Commitment by
Government of Iraq.--
(1) Limitation.--Of the amount available to the Iraq
Security Forces Fund as described in subsection (a), not more
than $500,000,000 may be obligated until the Secretary of
Defense determines and certifies to Congress that the
Government of Iraq has demonstrated a commitment to each of the
following:
(A) To adequately build the logistics and
maintenance capacity of the Iraqi security forces.
(B) To develop the institutional capacity to manage
such forces independently.
(C) To develop a culture of sustainment for
equipment provided or acquired with United States
assistance.
(2) Additional elements.--The certification of the
Secretary under paragraph (1) shall include a description of
any actions taken by the Government of Iraq that, in the
determination of the Secretary, support the determination of
the Secretary under paragraph (1).
(c) Limitation on Obligation of Funds Pending Notice on Purpose of
Obligation.--Funds available to the Iraq Security Forces Fund as
described in subsection (a) may not be obligated from the Iraq Security
Forces Fund until fifteen days after the date on which the Secretary of
Defense notifies the congressional defense committees in writing of the
details of the proposed obligation.
(d) Authority in Addition to Other Authorities.--The authority to
provide assistance under this section is in addition to any other
authority to provide assistance to foreign nations.
(e) Contributions.--
(1) Authority to accept contributions.--Subject to
paragraph (2), the Secretary of Defense may accept
contributions of amounts to the Iraq Security Forces Fund for
the purposes provided in subsection (a) from any person,
foreign government, or international organization. Any amounts
so accepted shall be credited to the Iraq Security Forces Fund.
(2) Limitation.--The Secretary may not accept a
contribution under this subsection if the acceptance of the
contribution would compromise or appear to compromise the
integrity of any program of the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be
available for assistance authorized by subsection (a).
(4) Notice to congress.--The Secretary shall notify the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives, in writing, upon the
acceptance of any contribution under this subsection. Each
notice shall specify the source and amount of any amount so
accepted and the use of any amount so accepted.
(f) Quarterly Reports.--
(1) In general.--Not later than 30 days after the end of
each fiscal-year quarter, the Secretary of Defense shall submit
to the congressional defense committees a report summarizing
the details of any obligation of funds from the Iraq Security
Forces Fund during such fiscal-year quarter.
(2) Treatment of certain other reports as satisfying report
requirements.--The Secretary may treat a report submitted under
section 9010 of the Department of Defense Appropriations Act,
2010 (Public Law 111-118; 123 Stat. 3466), or a successor
provision of law, with respect to a fiscal-year quarter as
satisfying the requirements for a report under paragraph (1)
with respect to such fiscal-year quarter.
(g) Repeal of Superseded Authority.--Effective as of October 1,
2010, section 1512 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 426) is repealed.
SEC. 1534. PROJECTS OF TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS
IN AFGHANISTAN AND REPORT ON ECONOMIC STRATEGY FOR
AFGHANISTAN.
(a) Projects of Task Force for Business and Stability Operations in
Afghanistan.--
(1) In general.--The Task Force for Business and Stability
Operations in Afghanistan may, subject to the direction and
control of the Secretary of Defense, carry out projects in
fiscal year 2011 to assist the commander of the United States
Central Command in developing a link between United States
military operations in Afghanistan under Operation Enduring
Freedom and the economic elements of United States national
power in order to reduce violence, enhance stability, and
restore economic normalcy in Afghanistan through strategic
business and economic activities.
(2) Scope of projects.--The projects carried out under
paragraph (1) may include projects that facilitate private
investment, industrial development, banking and financial
system development, agricultural diversification and
revitalization, and energy development in and with respect to
Afghanistan.
(3) Funding.--The Secretary may use funds available for
overseas contingency operations for operation and maintenance
for the Army for additional activities to carry out projects
under paragraph (1). The amount of funds used under authority
in the preceding sentence may not exceed $150,000,000.
(4) Report.--Not later than October 31, 2011, the Secretary
of Defense shall submit to the congressional defense committees
a report on the activities of the Task Force for Business and
Stability Operations in Afghanistan in support of Operation
Enduring Freedom during fiscal year 2011, including a
description of the projects carried out under paragraph (1)
during that fiscal year.
(b) Report on Economic Strategy for Afghanistan.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretary of State, submit to
the appropriate committees of Congress a report on a United
States economic strategy for Afghanistan that--
(A) supports the United States counterinsurgency
campaign in Afghanistan;
(B) promotes economic stabilization in Afghanistan,
consistent with a longer-term development plan for
Afghanistan; and
(C) enhances the establishment of sustainable
institutions in Afghanistan.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An identification of the sectors within the
Afghanistan economy that offer the greatest economic
opportunities to support the purposes of the United
States economic strategy for Afghanistan set forth
under paragraph (1).
(B) An assessment of the capabilities of the
Afghanistan Government to increase revenue generation
to meet its own operational and developmental costs in
the short-term, medium-term, and long-term.
(C) An assessment of the infrastructure (water,
power, rail, road) required to underpin economic
development in Afghanistan.
(D) A description of the potential role in the
economic strategy for Afghanistan of each of the
following:
(i) Private sector investment, including
investment by and through the Overseas Private
Investment Corporation.
(ii) Efforts to promote public-private
partnerships.
(iii) Community development grants,
including through the Afghanistan National
Solidarity Program, and public works projects.
(iv) The International Bank for
Reconstruction and Development and the Asian
Development Bank.
(v) Efforts to promote trade, including
efforts by and through the Export-Import Bank
of the United States.
(vi) Department of Defense policies to
promote economic stabilization and development,
including an expanded Afghanistan First
procurement policy and efforts by the
Department to enhance transportation,
electrification, and communications networks
both within Afghanistan and between Afghanistan
and neighboring countries.
(E) An evaluation of the regional dimension of an
economic strategy for Afghanistan, including a
description of economic areas suitable for regional
collaboration and a prioritization among such areas for
attention under the strategy.
(F) A timeline and milestones for activities that
can promote economic stabilization, development, and
sustainability in Afghanistan in the short-term,
medium-term, and long-term.
(G) Recommendations on the assignment of
responsibilities within the Department of Defense, and
among the department and agencies of the Government of
the United States, for carrying out the economic
strategy for Afghanistan.
(H) Metrics for assessing progress under the
economic strategy for Afghanistan.
(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 Appropriations of the Senate; and
(B) the Committees on Armed Services, Foreign
Affairs, and Appropriations of the House of
Representatives.
SEC. 1535. REPORT ON MANAGEMENT CONTROLS AND OVERSIGHT MECHANISMS FOR
THE JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT
ORGANIZATION.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth a review of the
current management controls and oversight mechanisms for the Joint
Improvised Explosive Device Defeat Organization.
(b) Elements.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) A description of the current management structure and
reporting relationships of the Joint Improvised Explosive
Device Defeat Organization.
(2) Such recommendations for modifications to the current
management structure and reporting relationships of the Joint
Improvised Explosive Device Defeat Organization as the
Secretary considers appropriate to ensure appropriate
management control and oversight of the operations and
activities of the organization.
(3) An assessment of the degree to which acquisition
professionals from the military departments are included in the
organization of the Joint Improvised Explosive Device Defeat
Organization, and an assessment whether further actions are
needed to strengthen the role and participation of acquisition
professionals from the military departments in funding and
development decisions of the organization.
(4) An assessment of the departmental controls of the Joint
Improvised Explosive Device Defeat Organization, including
systems for identifying and addressing material weaknesses in
such departmental controls.
(5) An assessment of the data collection and metrics used
to determine the effectiveness of the initiatives and
investments of the Joint Improvised Explosive Device Defeat
Organization and to make any needed adjustments in such
initiatives and investments.
(6) An assessment whether the Joint Improvised Explosive
Device Defeat Organization and the Armed Forces are performing
activities that are duplicative and, if so, a determination who
should perform such activities.
SEC. 1536. SENSE OF CONGRESS ON SUPPORT FOR INTEGRATED CIVILIAN-
MILITARY TRAINING FOR CIVILIAN PERSONNEL DEPLOYING TO
AFGHANISTAN.
It is the sense of Congress that the Secretary of Defense should,
in consultation with the Secretary of State and the Administrator of
the United States Agency for International Development, continue to
support integrated civilian-military training for civilians deploying
to serve in Afghanistan, including through the allocation of military
and civilian personnel, trainers, and other resources for that purpose.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
----------------------------------------------------------------------------------------------------------------
PROCUREMENT (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2011 Request Senate Change Senate Authorized
Line Item ---------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost
----------------------------------------------------------------------------------------------------------------
AIRCRAFT
PROCUREMENT,
ARMY
AIRCRAFT
FIXED WING
1 JOINT CARGO 0 0
AIRCRAFT (JCA).
2 C-12 CARGO 0 0
AIRPLANE.
3 AERIAL COMMON 88,483 88,483
SENSOR (ACS)
(MIP).
4 MQ-1 UAV....... 26 459,310 26 459,310
5 RQ-11 (RAVEN).. 312 20,152 312 20,152
6 BCT UNMANNED 44,206 44,206
AERIAL VEH
(UAVS) INCR 1.
ROTARY
8 HELICOPTER, 50 305,272 50 305,272
LIGHT UTILITY
(LUH).
9 AH-64 APACHE 16 390,571 5,500 16 396,071
BLOCK III.
9 LESS: -57,890 -57,890
ADVANCE
PROCUREMENT
(PY).
AH-64 [5,500]
fuselage
manufactur
ing.
10 ADVANCE 161,150 161,150
PROCUREMENT
(CY).
11 UH-60 BLACKHAWK 72 1,352,786 72 1,352,786
(MYP).
11 LESS: -102,220 -102,220
ADVANCE
PROCUREMENT
(PY).
12 ADVANCE 100,532 100,532
PROCUREMENT
(CY).
13 CH-47 40 1,151,969 40 1,151,969
HELICOPTER.
13 LESS: -50,676 -50,676
ADVANCE
PROCUREMENT
(PY).
14 ADVANCE 57,756 57,756
PROCUREMENT
(CY).
15 HELICOPTER NEW 9,383 9,383
TRAINING.
MODIFICATION OF
AIRCRAFT
16 C12 AIRCRAFT 0 0
MODS.
17 MQ-1 PAYLOAD-- 100,413 100,413
UAS.
18 MQ-1 14,729 14,729
WEAPONIZATION-
-UAS.
19 GUARDRAIL MODS 29,899 -24,200 5,699
(MIP).
Guardrail [-24,200]
common
sensor.
20 MULTI SENSOR 16,981 16,981
ABN RECON
(MIP).
21 AH-64 MODS..... 393,769 393,769
21 LESS: 0 0
ADVANCE
PROCUREMENT
(PY).
22 ADVANCE 0 0
PROCUREMENT
(CY).
23 CH-47 CARGO 66,207 66,207
HELICOPTER
MODS (MYP).
23 LESS: 0 0
ADVANCE
PROCUREMENT
(PY).
24 ADVANCE 0 0
PROCUREMENT
(CY).
25 UTILITY/CARGO 13,716 13,716
AIRPLANE MODS.
26 AIRCRAFT LONG 814 814
RANGE MODS.
27 UTILITY 63,085 63,085
HELICOPTER
MODS.
28 KIOWA WARRIOR.. 94,400 94,400
29 AIRBORNE 219,425 219,425
AVIONICS.
30 GATM ROLLUP.... 100,862 100,862
31 RQ-7 UAV MODS.. 505,015 505,015
SPARES AND
REPAIR PARTS
34 SPARE PARTS 7,328 7,328
(AIR).
SUPPORT
EQUIPMENT AND
FACILITIES
GROUND SUPPORT
AVIONICS
35 AIRCRAFT 24,478 24,478
SURVIVABILITY
EQUIPMENT.
36 ASE INFRARED CM 174,222 174,222
OTHER SUPPORT
37 AVIONICS 4,885 4,885
SUPPORT
EQUIPMENT.
38 COMMON GROUND 76,129 76,129
EQUIPMENT.
39 AIRCREW 52,423 3,000 55,423
INTEGRATED
SYSTEMS.
Air [3,000]
warrior
survival
vest
ensemble
reset
program.
40 AIR TRAFFIC 82,844 82,844
CONTROL.
41 INDUSTRIAL 1,567 1,567
FACILITIES.
42 LAUNCHER, 2.75 2,892 2,892
ROCKET.
43 AIRBORNE 0 0
COMMUNICATIONS.
TOTAL, AIRCRAFT 5,976,867 -15,700 5,961,167
PROCUREMENT,
ARMY.
MISSILE
PROCUREMENT,
ARMY
OTHER MISSILES
SURFACE-TO-AIR
MISSILE SYSTEM
1 PATRIOT SYSTEM 78 480,247 78 480,247
SUMMARY.
2 SURFACE- 116,732 116,732
LAUNCHED
AMRAAM SYSTEM
SUMMARY:.
2 LESS: 0 0
ADVANCE
PROCUREMENT
(PY).
3 ADVANCE 0 0
PROCUREMENT
(CY).
AIR-TO-SURFACE
MISSILE SYSTEM
4 HELLFIRE SYS 240 31,881 240 31,881
SUMMARY.
ANTI-TANK/
ASSAULT
MISSILE SYS
5 JAVELIN (AAWS- 715 163,929 715 163,929
M) SYSTEM
SUMMARY.
6 TOW 2 SYSTEM 30,326 30,326
SUMMARY.
6 LESS: 0 0
ADVANCE
PROCUREMENT
(PY).
7 ADVANCE 48,355 48,355
PROCUREMENT
(CY).
8 BCT NON LINE OF 350,574 -350,574 0
SIGHT LAUNCH
SYSTEM--INCREM
E.
Program [-350,574]
terminatio
n.
9 GUIDED MLRS 2,592 291,041 2,592 291,041
ROCKET (GMLRS).
10 MLRS REDUCED 2,058 15,886 2,058 15,886
RANGE PRACTICE
ROCKETS (RRPR).
11 HIGH MOBILITY 44 211,517 44 211,517
ARTILLERY
ROCKET SYSTEM
(HIMARS.
MODIFICATION OF
MISSILES
MODIFICATIONS
12 PATRIOT MODS... 57,170 133,600 190,770
Patriot [133,600]
upgrades.
13 ITAS/TOW MODS.. 13,281 13,281
14 MLRS MODS...... 8,217 8,217
15 HIMARS 39,371 39,371
MODIFICATIONS.
16 HELLFIRE 10 10
MODIFICATIONS.
SPARES AND
REPAIR PARTS
17 SPARES AND 19,569 19,569
REPAIR PARTS.
SUPPORT
EQUIPMENT &
FACILITIES
18 AIR DEFENSE 3,613 3,613
TARGETS.
19 ITEMS LESS THAN 1,208 1,208
$5.0M
(MISSILES).
20 PRODUCTION BASE 4,510 4,510
SUPPORT.
TOTAL, MISSILE 1,887,437 -216,974 1,670,463
PROCUREMENT,
ARMY.
PROCUREMENT OF
W&TCV, ARMY
TRACKED COMBAT
VEHICLES
1 BRADLEY PROGRAM 0 0
2 BRADLEY 0 0
TRAINING
DEVICES (MOD).
3 ABRAMS TANK 0 0
TRAINING
DEVICES.
4 STRYKER VEHICLE 83 299,545 83 299,545
5 FUTURE COMBAT 0 0
SYSTEMS: (FCS).
5 LESS: 0 0
ADVANCE
PROCUREMENT
(PY).
6 ADVANCE 0 0
PROCUREMENT
(CY).
7 FCS SPIN OUTS.. 41,871 41,871
7 LESS: -41,871 -41,871
ADVANCE
PROCUREMENT
(PY).
8 ADVANCE 0 0
PROCUREMENT
(CY).
MODIFICATION OF
TRACKED COMBAT
VEHICLES
9 STRYKER (MOD).. 146,352 146,352
10 FIST VEHICLE 31,083 31,083
(MOD).
11 BRADLEY PROGRAM 215,133 215,133
(MOD).
12 HOWITZER, MED 105,277 -105,277 0
SP FT 155MM
M109A6 (MOD).
Program [-105,277]
delay.
13 IMPROVED 17 69,609 17 69,609
RECOVERY
VEHICLE (M88A2
HERCULES).
14 ARMORED 17 77,930 17 77,930
BREACHER
VEHICLE.
15 M88 FOV MODS... 9,157 9,157
16 JOINT ASSAULT 9 44,133 9 44,133
BRIDGE.
17 M1 ABRAMS TANK 230,907 230,907
(MOD).
18 ABRAMS UPGRADE 21 183,000 21 183,000
PROGRAM.
SUPPORT
EQUIPMENT &
FACILITIES
19 PRODUCTION BASE 3,145 3,145
SUPPORT (TCV-
WTCV).
WEAPONS AND
OTHER COMBAT
VEHICLES
20 HOWITZER, 2 5,575 2 5,575
LIGHT, TOWED,
105MM, M119.
21 M240 MEDIUM 1,655 28,179 1,655 28,179
MACHINE GUN
(7.62MM).
22 MACHINE GUN, 5,900 79,496 5,900 79,496
CAL .50 M2
ROLL.
23 LIGHTWEIGHT .50 350 18,941 350 18,941
CALIBER
MACHINE GUN.
24 M249 SAW 0 0
MACHINE GUN
(5.56MM).
25 MK-19 GRENADE 238 4,465 238 4,465
MACHINE GUN
(40MM).
26 MORTAR SYSTEMS. 138 17,082 138 17,082
27 M107, CAL. 50, 235 235
SNIPER RIFLE.
28 XM320 GRENADE 3,869 16,282 3,869 16,282
LAUNCHER
MODULE (GLM).
29 M110 SEMI- 155 5,159 155 5,159
AUTOMATIC
SNIPER SYSTEM
(SASS).
30 M4 CARBINE..... 11,494 20,180 11,494 20,180
31 SHOTGUN, 3,659 7,153 3,659 7,153
MODULAR
ACCESSORY
SYSTEM (MASS).
32 COMMON REMOTELY 0 0
OPERATED
WEAPONS
STATION (CRO.
33 HANDGUN....... 5,000 3,371 5,000 3,371
34 HOWITZER LT WT 0 0
155MM (T).
MOD OF WEAPONS
AND OTHER
COMBAT VEH
35 MK-19 GRENADE 4,286 4,286
MACHINE GUN
MODS.
36 M4 CARBINE MODS 14,044 14,044
37 M2 50 CAL 0 6,000 6,000
MACHINE GUN
MODS.
M2A1 quick [6,000]
change
barrel
kits.
38 M249 SAW 5,922 5,922
MACHINE GUN
MODS.
39 M240 MEDIUM 15,852 15,852
MACHINE GUN
MODS.
40 M119 39,810 39,810
MODIFICATIONS.
41 M16 RIFLE MODS. 3,855 3,855
42 M14 7.62 RIFLE 0 0
MODS.
43 MODIFICATIONS 6,083 6,083
LESS THAN
$5.0M (WOCV-
WTCV).
SUPPORT
EQUIPMENT &
FACILITIES
44 ITEMS LESS THAN 0 0
$5.0M (WOCV-
WTCV).
45 PRODUCTION BASE 7,869 7,869
SUPPORT (WOCV-
WTCV).
46 INDUSTRIAL 409 409
PREPAREDNESS.
47 SMALL ARMS 4,042 4,042
EQUIPMENT
(SOLDIER ENH
PROG).
48 CLOSED ACCOUNT 0 0
ADJUSTMENTS.
TOTAL, 1,723,561 -99,277 1,624,284
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION,
ARMY
AMMUNITION
SMALL/MEDIUM
CAL AMMUNITION
1 CTG, 5.56MM, 195,406 195,406
ALL TYPES.
2 CTG, 7.62MM, 79,622 79,622
ALL TYPES.
3 CTG, HANDGUN, 5,377 5,377
ALL TYPES.
4 CTG, .50 CAL, 160,712 160,712
ALL TYPES.
5 CTG, 20MM, ALL 0 0
TYPES.
6 CTG, 25MM, ALL 15,887 15,887
TYPES.
7 CTG, 30MM, ALL 95,222 95,222
TYPES.
8 CTG, 40MM, ALL 167,632 167,632
TYPES.
MORTAR
AMMUNITION
9 60MM MORTAR, 14,340 14,340
ALL TYPES.
10 81MM MORTAR, 24,036 24,036
ALL TYPES.
11 120MM MORTAR, 96,335 -28,600 67,735
ALL TYPES.
APMI unit [-28,600]
cost
savings.
TANK AMMUNITION
12 CTG TANK 105MM: 7,794 7,794
ALL TYPES.
13 CTG, TANK, 114,798 114,798
120MM, ALL
TYPES.
ARTILLERY
AMMUNITION
14 CTG, ARTY, 7,329 7,329
75MM: ALL
TYPES.
15 CTG, ARTY, 76,658 76,658
105MM: ALL
TYPES.
16 CTG, ARTY, 45,752 45,752
155MM, ALL
TYPES.
17 PROJ 155MM 62,114 62,114
EXTENDED RANGE
XM982.
18 MODULAR 29,309 29,309
ARTILLERY
CHARGE SYSTEM
(MACS), ALL T.
ARTILLERY FUZES
19 ARTILLERY 25,047 25,047
FUZES, ALL
TYPES.
MINES
20 MINES, ALL 817 817
TYPES.
21 MINE, CLEARING 8,000 8,000
CHARGE, ALL
TYPES.
NETWORKED
MUNITIONS
22 SPIDER NETWORK 53,005 53,005
MUNITIONS, ALL
TYPES.
23 SCORPION, 10,246 10,246
INTELLIGENT
MUNITIONS
SYSTEM , ALL.
ROCKETS
24 SHOULDER 43,873 43,873
LAUNCHED
MUNITIONS, ALL
TYPES.
25 ROCKET, HYDRA 120,628 120,628
70, ALL TYPES.
OTHER
AMMUNITION
26 DEMOLITION 19,824 19,824
MUNITIONS, ALL
TYPES.
27 GRENADES, ALL 41,803 41,803
TYPES.
28 SIGNALS, ALL 39,472 39,472
TYPES.
29 SIMULATORS, ALL 11,389 11,389
TYPES.
MISCELLANEOUS
30 AMMO 17,499 17,499
COMPONENTS,
ALL TYPES.
31 NON-LETHAL 5,266 5,266
AMMUNITION,
ALL TYPES.
32 CAD/PAD ALL 5,322 5,322
TYPES.
33 ITEMS LESS THAN 9,768 9,768
$5 MILLION.
34 AMMUNITION 12,721 12,721
PECULIAR
EQUIPMENT.
35 FIRST 11,786 11,786
DESTINATION
TRANSPORTATION
(AMMO).
36 CLOSEOUT 100 100
LIABILITIES.
PRODUCTION BASE
SUPPORT
37 PROVISION OF 144,368 144,368
INDUSTRIAL
FACILITIES.
38 LAYAWAY OF 9,504 9,504
INDUSTRIAL
FACILITIES.
39 MAINTENANCE OF 9,025 9,025
INACTIVE
FACILITIES.
40 CONVENTIONAL 178,367 178,367
MUNITIONS
DEMILITARIZATI
ON, ALL.
41 ARMS INITIATIVE 3,261 3,261
TOTAL, 1,979,414 -28,600 1,950,814
PROCUREMENT OF
AMMUNITION,
ARMY.
OTHER
PROCUREMENT,
ARMY
TACTICAL AND
SUPPORT
VEHICLES
TACTICAL
VEHICLES
1 TACTICAL 2,359 25,560 5,000 2,359 30,560
TRAILERS/DOLLY
SETS.
Efficiency [5,000]
and safety
mods to
Heavy
Expanded
Mobility
Ammunition
Trailer.
2 SEMITRAILERS, 391 38,713 391 38,713
FLATBED:.
3 SEMITRAILERS, 0 0
TANKERS.
4 HI MOB MULTI- 0 0
PURP WHLD VEH
(HMMWV).
5 FAMILY OF 2,960 918,195 2,960 918,195
MEDIUM
TACTICAL VEH
(FMTV).
6 FIRETRUCKS & 21,317 21,317
ASSOCIATED
FIREFIGHTING
EQUIPMEN.
7 FAMILY OF HEAVY 549,741 549,741
TACTICAL
VEHICLES
(FHTV).
8 PLS ESP........ 100,108 100,108
9 ARMORED 94 114,478 94 114,478
SECURITY
VEHICLES (ASV).
10 MINE PROTECTION 230,978 230,978
VEHICLE FAMILY.
11 FAMILY OF MINE 0 0
RESISTANT
AMBUSH PROTEC
(MRAP).
12 TRUCK, TRACTOR, 55 37,519 55 37,519
LINE HAUL,
M915/M916.
13 HVY EXPANDED 708 173,565 708 173,565
MOBILE
TACTICAL TRUCK
EXT SERV P.
14 HMMWV 0 0
RECAPITALIZATI
ON PROGRAM.
15 MODIFICATION OF 349,256 349,256
IN SVC EQUIP.
16 ITEMS LESS THAN 0 0
$5.0M (TAC
VEH).
17 TOWING DEVICE- 234 234
FIFTH WHEEL.
18 AMC CRITICAL 746 746
ITEMS, OPA1.
NON-TACTICAL
VEHICLES
19 HEAVY ARMORED 4 1,875 4 1,875
SEDAN.
20 PASSENGER 3,323 3,323
CARRYING
VEHICLES.
21 NONTACTICAL 19,586 19,586
VEHICLES,
OTHER.
COMMUNICATIONS
AND
ELECTRONICS
EQUIPMENT
COMM--JOINT
COMMUNICATIONS
22 VEHICLE MTD 0 0
MINE DECTE.
23 JOINT COMBAT 11,411 11,411
IDENTIFICATION
MARKING SYSTEM.
24 WIN-T--GROUND 421,798 421,798
FORCES
TACTICAL
NETWORK.
25 JCSE EQUIPMENT 4,690 4,690
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
26 DEFENSE 115,744 115,744
ENTERPRISE
WIDEBAND
SATCOM SYSTEMS
(S.
27 SHF TERM....... 14,198 14,198
28 SAT TERM, EMUT 662 662
(SPACE).
29 NAVSTAR GLOBAL 32,193 51,200 83,393
POSITIONING
SYSTEM (SPACE).
Procuremen [51,200]
t of
additional
systems.
30 SMART-T (SPACE) 10,285 10,285
31 SCAMP (SPACE).. 930 930
32 GLOBAL BRDCST 4,586 4,586
SVC--GBS.
33 MOD OF IN-SVC 1,506 1,506
EQUIP (TAC
SAT).
COMM--COMBAT
SUPPORT COMM
34 MOD-IN-SERVICE 938 938
PROFILER.
COMM--C3 SYSTEM
35 ARMY GLOBAL CMD 20,387 20,387
& CONTROL SYS
(AGCCS).
COMM--COMBAT
COMMUNICATIONS
36 ARMY DATA 700 700
DISTRIBUTION
SYSTEM (DATA
RADIO).
37 JOINT TACTICAL 209,568 209,568
RADIO SYSTEM.
38 RADIO TERMINAL 5,796 5,796
SET, MIDS
LVT(2).
39 SINCGARS FAMILY 14,504 14,504
40 AMC CRITICAL 3,860 3,860
ITEMS--OPA2.
41 MULTI-PURPOSE 9,501 9,501
INFORMATIONS
OPERATIONS
SYSEMS.
42 COMMS-ELEC 5,965 5,965
EQUIP FIELDING.
43 SPIDER APLA 26,358 26,358
REMOTE CONTROL
UNIT.
44 IMS REMOTE 6,603 6,603
CONTROL UNIT.
45 SOLDIER 5,125 5,125
ENHANCEMENT
PROGRAM COMM/
ELECTRONICS.
46 COMBAT SURVIVOR 2,397 2,397
EVADER LOCATOR
(CSEL).
47 RADIO, IMPROVED 9,983 9,983
HF (COTS)
FAMILY.
48 MEDICAL COMM 23,606 23,606
FOR CBT
CASUALTY CARE
(MC4).
COMM--INTELLIGE
NCE COMM
49 CI AUTOMATION 1,465 1,465
ARCHITECTURE.
INFORMATION
SECURITY
50 TSEC--ARMY KEY 25,959 25,959
MGT SYS (AKMS).
51 INFORMATION 63,340 63,340
SYSTEM
SECURITY
PROGRAM-ISSP.
COMM--LONG HAUL
COMMUNICATIONS
52 TERRESTRIAL 137 137
TRANSMISSION.
53 BASE SUPPORT 28,406 28,406
COMMUNICATIONS.
54 WW TECH CON IMP 11,566 11,566
PROG (WWTCIP).
COMM--BASE
COMMUNICATIONS
55 INFORMATION 201,081 55,000 256,081
SYSTEMS.
Tactical [55,000]
local area
network.
56 DEFENSE MESSAGE 6,264 6,264
SYSTEM (DMS).
57 INSTALLATION 178,242 178,242
INFO
INFRASTRUCTURE
MOD PROGRAM(.
58 PENTAGON 10,427 10,427
INFORMATION
MGT AND
TELECOM.
ELECT EQUIP--
NAT INTEL PROG
(NIP)
ELECT EQUIP--
TACT INT REL
ACT (TIARA)
63 ALL SOURCE 0 0
ANALYSIS SYS
(ASAS).
64 JTT/CIBS-M..... 3,321 3,321
65 PROPHET GROUND. 71,517 71,517
66 TACTICAL 0 0
UNMANNED
AERIAL SYS
(TUAS).
67 SMALL UNMANNED 0 0
AERIAL SYSTEM
(SUAS).
68 DIGITAL 441 441
TOPOGRAPHIC
SPT SYS (DTSS).
69 DRUG 0 0
INTERDICTION
PROGRAM (DIP)
(TIARA).
70 DCGS-A (MIP)... 137,424 137,424
71 JOINT TACTICAL 9,279 9,279
GROUND STATION
(JTAGS).
72 TROJAN (MIP)... 28,345 28,345
73 MOD OF IN-SVC 7,602 7,602
EQUIP (INTEL
SPT) (MIP).
74 CI HUMINT AUTO 7,416 7,416
REPRTING AND
COLL(CHARCS)
(MIP.
75 ITEMS LESS THAN 18,721 18,721
$5.0M (MIP).
ELECT EQUIP--
ELECTRONIC
WARFARE (EW)
76 LIGHTWEIGHT 32,980 47,100 80,080
COUNTER MORTAR
RADAR.
Procuremen [47,100]
t of
additional
systems.
77 WARLOCK........ 24,127 24,127
78 BCT UNATTENDED 29,718 -29,718 0
GROUND SENSOR.
Program [-29,718]
reduction.
79 COUNTERINTELLIG 1,394 1,394
ENCE/SECURITY
COUNTERMEASURE
S.
80 CI 1,263 1,263
MODERNIZATION.
ELECT EQUIP--
TACTICAL SURV.
(TAC SURV)
81 FAAD GBS....... 91,467 91,467
82 SENTINEL MODS.. 30,976 30,976
83 SENSE THROUGH 24,939 24,939
THE WALL
(STTW).
84 NIGHT VISION 70,528 70,528
DEVICES.
85 LONG RANGE 255,641 255,641
ADVANCED SCOUT
SURVEILLANCE
SYSTEM.
86 NIGHT VISION, 248,899 248,899
THERMAL WPN
SIGHT.
87 SMALL TACTICAL 8,520 8,520
OPTICAL RIFLE
MOUNTED MLRF.
88 RADIATION 0 0
MONITORING
SYSTEMS.
89 COUNTER-ROCKET, 2,088 2,088
ARTILLERY &
MORTAR (C-RAM).
90 BASE 0 0
EXPEDITIONARY
TARGETING AND
SURV SYS.
91 ARTILLERY 6,042 6,042
ACCURACY EQUIP.
92 MOD OF IN-SVC 0 0
EQUIP (MMS).
93 ENHANCED 0 0
PORTABLE
INDUCTIVE
ARTILLERY FUZE
SE.
94 PROFILER....... 4,408 4,408
95 MOD OF IN-SVC 2,843 2,843
EQUIP
(FIREFINDER
RADARS).
96 FORCE XXI 39,786 39,786
BATTLE CMD
BRIGADE &
BELOW (FBCB2).
97 JOINT BATTLE 147 147
COMMAND--PLATF
ORM (JBC-P).
98 LIGHTWEIGHT 65,970 65,970
LASER
DESIGNATOR/
RANGEFINDER
(LLD.
99 COMPUTER 815 815
BALLISTICS:
LHMBC XM32.
100 MORTAR FIRE 16,475 16,475
CONTROL SYSTEM.
101 COUNTERFIRE 275,867 275,867
RADARS.
102 ENHANCED SENSOR 2,062 2,062
& MONITORING
SYSTEM.
ELECT EQUIP--
TACTICAL C2
SYSTEMS
103 TACTICAL 53,768 53,768
OPERATIONS
CENTERS.
104 FIRE SUPPORT C2 49,077 16,200 65,277
FAMILY.
Forward [16,200]
entry
devices.
105 BATTLE COMMAND 25,866 25,866
SUSTAINMENT
SUPPORT SYSTEM
(BC.
106 FAAD C2........ 42,511 42,511
107 AIR & MSL 57,038 57,038
DEFENSE
PLANNING &
CONTROL SYS
(AMD.
108 KNIGHT FAMILY.. 120,723 120,723
109 LIFE CYCLE 1,710 1,710
SOFTWARE
SUPPORT (LCSS).
110 AUTOMATIC 10,858 10,858
IDENTIFICATION
TECHNOLOGY.
111 TC AIMS II..... 10,457 10,457
112 JOINT NETWORK 0 0
MANAGEMENT
SYSTEM (JNMS).
113 TACTICAL 1,594 1,594
INTERNET
MANAGER.
114 NETWORK 18,492 18,492
MANAGEMENT
INITIALIZATION
AND SERVICE.
115 MANEUVER 96,162 96,162
CONTROL SYSTEM
(MCS).
116 SINGLE ARMY 99,819 99,819
LOGISTICS
ENTERPRISE
(SALE).
117 RECONNAISSANCE 15,466 15,466
AND SURVEYING
INSTRUMENT SET.
118 MOUNTED BATTLE 0 0
COMMAND ON THE
MOVE (MBCOTM).
ELECT EQUIP--
AUTOMATION
119 GENERAL FUND 97,858 97,858
ENTERPRISE
BUSINESS
SYSTEM.
120 ARMY TRAINING 36,158 36,158
MODERNIZATION.
121 AUTOMATED DATA 203,864 203,864
PROCESSING
EQUIP.
122 CSS 39,811 39,811
COMMUNICATIONS.
123 RESERVE 39,360 39,360
COMPONENT
AUTOMATION SYS
(RCAS).
ELECT EQUIP--
AUDIO VISUAL
SYS (A/V)
124 ITEMS LESS THAN 663 663
$5.0M (A/V).
125 ITEMS LESS THAN 6,467 6,467
$5M (SURVEYING
EQUIPMENT).
ELECT EQUIP--
MODS TACTICAL
SYS/EQ
126 WEAPONIZATION 0 0
OF UNMANNED
AERIAL SYSTEM
(UAS).
ELECT EQUIP--
SUPPORT
127 ITEMS UNDER $5M 0 0
(SSE).
128 PRODUCTION BASE 542 542
SUPPORT (C-E).
129 BCT NETWORK.... 176,543 176,543
999 CLASSIFIED 2,560 2,560
PROGRAMS.
OTHER SUPPORT
EQUIPMENT
CHEMICAL
DEFENSIVE
EQUIPMENT
130 PROTECTIVE 2,489 2,489
SYSTEMS.
131 FAMILY OF NON- 9,305 9,305
LETHAL
EQUIPMENT
(FNLE).
132 CBRN SOLDIER 180,351 180,351
PROTECTION.
133 SMOKE & 831 831
OBSCURANT
FAMILY: SOF
(NON AAO ITEM).
BRIDGING
EQUIPMENT
134 TACTICAL 62,817 15,000 77,817
BRIDGING.
Line of [15,000]
communicat
ion bridge.
135 TACTICAL 105,837 105,837
BRIDGE, FLOAT-
RIBBON.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
136 HANDHELD 43,871 43,871
STANDOFF
MINEFIELD
DETECTION SYS-
HST.
137 GRND STANDOFF 35,002 7,000 42,002
MINE DETECTION
SYSTEM
(GSTAMIDS.
Fido [7,000]
explosives
detection
system.
138 EXPLOSIVE 54,093 54,093
ORDNANCE
DISPOSAL EQPMT
(EOD EQPMT).
139 < $5M, 3,655 3,655
COUNTERMINE
EQUIPMENT.
140 AERIAL 0 0
DETECTION.
COMBAT SERVICE
SUPPORT
EQUIPMENT
141 HEATERS AND 20,610 20,610
ECU'S.
142 LAUNDRIES, 0 0
SHOWERS AND
LATRINES.
143 SOLDIER 5,416 5,416
ENHANCEMENT.
144 LIGHTWEIGHT 0 0
MAINTENANCE
ENCLOSURE
(LME).
145 LAND WARRIOR... 0 0
146 PERSONNEL 7,813 7,813
RECOVERY
SUPPORT SYSTEM
(PRSS).
147 GROUND SOLDIER 110,524 -28,800 81,724
SYSTEM.
Program [-28,800]
reduction-
-early to
need.
148 MOUNTED SOLDIER 38,872 38,872
SYSTEM.
149 FORCE PROVIDER. 41,539 41,539
150 FIELD FEEDING 23,826 23,826
EQUIPMENT.
151 CARGO AERIAL 69,496 69,496
DEL &
PERSONNEL
PARACHUTE
SYSTEM.
152 MOBILE 26,532 26,532
INTEGRATED
REMAINS
COLLECTION
SYSTEM:.
153 ITEMS LESS THAN 31,420 31,420
$5M (ENG SPT).
PETROLEUM
EQUIPMENT
154 DISTRIBUTION 175,069 175,069
SYSTEMS,
PETROLEUM &
WATER.
WATER EQUIPMENT
155 WATER 3,597 3,597
PURIFICATION
SYSTEMS.
MEDICAL
EQUIPMENT
156 COMBAT SUPPORT 30,365 30,365
MEDICAL.
MAINTENANCE
EQUIPMENT
157 MOBILE 159,285 159,285
MAINTENANCE
EQUIPMENT
SYSTEMS.
158 ITEMS LESS THAN 3,702 3,702
$5.0M (MAINT
EQ).
CONSTRUCTION
EQUIPMENT
159 GRADER, ROAD 48,379 48,379
MTZD, HVY, 6X4
(CCE).
160 SKID STEER 17,498 17,498
LOADER (SSL)
FAMILY OF
SYSTEM.
161 SCRAPERS, 12,452 12,452
EARTHMOVING.
162 DISTR, WATER, 0 0
SP MIN 2500G
SEC/NON-SEC.
163 MISSION 62,111 62,111
MODULES--ENGIN
EERING.
164 LOADERS........ 7,205 7,205
165 HYDRAULIC 8,458 8,458
EXCAVATOR.
166 TRACTOR, FULL 64,032 64,032
TRACKED.
167 PLANT, ASPHALT 10,783 10,783
MIXING.
168 HIGH MOBILITY 64,959 64,959
ENGINEER
EXCAVATOR
(HMEE) FOS.
169 CONST EQUIP ESP 11,063 11,063
170 ITEMS LESS THAN 20,565 20,565
$5.0M (CONST
EQUIP).
RAIL FLOAT
CONTAINERIZATI
ON EQUIPMENT
171 JOINT HIGH 202,764 202,764
SPEED VESSEL
(JHSV).
172 HARBORMASTER 37,683 37,683
COMMAND AND
CONTROL CENTER
(HCCC.
173 ITEMS LESS THAN 8,052 8,052
$5.0M (FLOAT/
RAIL).
GENERATORS
174 GENERATORS AND 113,573 113,573
ASSOCIATED
EQUIP.
MATERIAL
HANDLING
EQUIPMENT
175 ROUGH TERRAIN 29,460 29,460
CONTAINER
HANDLER (RTCH).
176 FAMILY OF 12,936 12,936
FORKLIFTS.
177 ALL TERRAIN 17,352 17,352
LIFTING ARMY
SYSTEM.
TRAINING
EQUIPMENT
178 COMBAT TRAINING 23,400 23,400
CENTERS
SUPPORT.
179 TRAINING 297,200 26,200 323,400
DEVICES,
NONSYSTEM.
Operator [5,000]
driving
simulator.
Immersive [6,000]
group
simulation
virtual
training
system.
Combat [6,000]
skills
marksmansh
ip trainer.
Mine [6,000]
resistant
ambush
protected
vehicle
virtual
trainer.
Combined [3,200]
arms
collective
training
facility.
180 CLOSE COMBAT 64,912 64,912
TACTICAL
TRAINER.
181 AVIATION 26,120 26,120
COMBINED ARMS
TACTICAL
TRAINER (AVCA.
182 GAMING 4,964 4,964
TECHNOLOGY IN
SUPPORT OF
ARMY TRAINING.
TEST MEASURE
AND DIG
EQUIPMENT
(TMD)
183 CALIBRATION 38,778 38,778
SETS EQUIPMENT.
184 INTEGRATED 104,472 104,472
FAMILY OF TEST
EQUIPMENT
(IFTE).
185 TEST EQUIPMENT 19,166 19,166
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
186 RAPID EQUIPPING 42,229 42,229
SOLDIER
SUPPORT
EQUIPMENT.
187 PHYSICAL 56,195 56,195
SECURITY
SYSTEMS (OPA3).
188 BASE LEVEL 1,873 1,873
COM'L
EQUIPMENT.
189 MODIFICATION OF 103,046 103,046
IN-SVC
EQUIPMENT (OPA-
3).
190 PRODUCTION BASE 2,233 2,233
SUPPORT (OTH).
191 BUILDING, PRE- 0 0
FAB,
RELOCATABLE.
192 SPECIAL 44,483 44,483
EQUIPMENT FOR
USER TESTING.
193 AMC CRITICAL 13,104 13,104
ITEMS OPA3.
194 MA8975......... 3,894 3,894
195 BCT UNMANNED 20,046 20,046
GROUND VEHICLE.
196 BCT TRAINING/ 61,581 61,581
LOGISTICS/
MANAGEMENT.
SPARE AND
REPAIR PARTS
OPA2
197 INITIAL SPARES-- 38,707 38,707
C&E.
TOTAL, OTHER 9,765,808 164,182 9,929,990
PROCUREMENT,
ARMY.
JOINT IMPR
EXPLOSIVE DEV
DEFEAT FUND
NETWORK ATTACK
1 ATTACK THE 0 0
NETWORK.
JIEDDO DEVICE
DEFEAT
2 DEFEAT THE 0 0
DEVICE.
FORCE TRAINING
3 TRAIN THE FORCE 0 0
STAFF AND
INFRASTRUCTURE
4 OPERATIONS..... 215,868 -215,868 0
Transfer [-215,868]
to OCO
account.
TOTAL, JOINT 215,868 -215,868 0
IMPR EXPLOSIVE
DEV DEFEAT
FUND.
AIRCRAFT
PROCUREMENT,
NAVY
COMBAT AIRCRAFT
1 EA-18G......... 12 1,049,297 -45,891 12 1,003,406
1 LESS: -20,496 -20,496
ADVANCE
PROCUREMENT
(PY).
Savings [-45,891]
from
multiyear
procuremen
t.
2 ADVANCE 55,081 55,081
PROCUREMENT
(CY).
3 F/A-18E/F 22 1,838,058 6 240,439 28 2,078,497
(FIGHTER)
HORNET.
3 LESS: -53,164 -53,164
ADVANCE
PROCUREMENT
(PY).
Buy 6 [6] [325,000]
additional
aircaft.
Savings [-84,561]
from
multiyear
procuremen
t.
4 ADVANCE 2,295 2,295
PROCUREMENT
(CY).
5 JOINT STRIKE 7 2,146,611 7 2,146,611
FIGHTER CV.
5 LESS: -479,518 -479,518
ADVANCE
PROCUREMENT
(PY).
6 ADVANCE 219,895 219,895
PROCUREMENT
(CY).
7 JSF STOVL...... 13 2,289,816 13 2,289,816
8 ADVANCE 286,326 286,326
PROCUREMENT
(CY).
9 V-22 (MEDIUM 30 2,267,628 30 2,267,628
LIFT).
9 LESS: -146,592 -146,592
ADVANCE
PROCUREMENT
(PY).
10 ADVANCE 81,875 81,875
PROCUREMENT
(CY).
11 UH-1Y/AH-1Z.... 28 789,103 28 789,103
11 LESS: -50,394 -50,394
ADVANCE
PROCUREMENT
(PY).
12 ADVANCE 69,360 69,360
PROCUREMENT
(CY).
13 MH-60S (MYP)... 18 564,755 18 564,755
13 LESS: -86,164 -86,164
ADVANCE
PROCUREMENT
(PY).
14 ADVANCE 70,080 0 70,080
PROCUREMENT
(CY).
Economic [-3,700]
order
quantity
funding
for MYP.
Advance [3,700]
procuremen
t funding.
15 MH-60R......... 24 1,031,797 24 1,031,797
15 LESS: -133,864 -133,864
ADVANCE
PROCUREMENT
(PY).
16 ADVANCE 162,006 0 162,006
PROCUREMENT
(CY).
Economic [-32,300]
order
quantity
funding
for MYP.
Advance [32,300]
procuremen
t funding.
17 P-8A POSEIDON.. 7 1,970,336 7 1,970,336
17 LESS: -145,899 -145,899
ADVANCE
PROCUREMENT
(PY).
18 ADVANCE 166,153 166,153
PROCUREMENT
(CY).
19 E-2D ADV 4 913,816 4 913,816
HAWKEYE.
19 LESS: -94,632 -94,632
ADVANCE
PROCUREMENT
(PY).
20 ADVANCE 118,619 118,619
PROCUREMENT
(CY).
AIRLIFT
AIRCRAFT
21 C-40A.......... 0 0
TRAINER
AIRCRAFT
22 JPATS.......... 38 266,065 38 266,065
OTHER AIRCRAFT
23 KC-130J........ 33,832 33,832
23 LESS: -33,832 -33,832
ADVANCE
PROCUREMENT
(PY).
24 ADVANCE 0 0
PROCUREMENT
(CY).
25 RQ-7 UAV....... 0 0
26 MQ-8 UAV....... 3 47,484 3 47,484
27 STUASL0 UAV.... 18 23,912 18 23,912
28 OTHER SUPPORT 0 0
AIRCRAFT.
MODIFICATION OF
AIRCRAFT
29 EA-6 SERIES.... 14,891 14,891
30 AEA SYSTEMS.... 33,772 33,772
31 AV-8 SERIES.... 19,386 19,386
32 F-18 SERIES.... 492,821 492,821
33 H-46 SERIES.... 17,685 17,685
34 AH-1W SERIES... 11,011 11,011
35 H-53 SERIES.... 25,871 25,871
36 SH-60 SERIES... 67,779 67,779
37 H-1 SERIES..... 3,060 3,060
38 EP-3 SERIES.... 90,323 90,323
39 P-3 SERIES..... 221,982 221,982
40 E-2 SERIES..... 47,046 47,046
41 TRAINER A/C 23,999 23,999
SERIES.
42 C-2A........... 16,020 16,020
43 C-130 SERIES... 17,839 17,839
44 FEWSG.......... 21,928 21,928
45 CARGO/TRANSPORT 16,092 16,092
A/C SERIES.
46 E-6 SERIES..... 149,164 149,164
47 EXECUTIVE 43,443 43,443
HELICOPTERS
SERIES.
48 SPECIAL PROJECT 14,679 14,679
AIRCRAFT.
49 T-45 SERIES.... 61,515 61,515
50 POWER PLANT 19,948 19,948
CHANGES.
51 JPATS SERIES... 1,831 1,831
52 AVIATION LIFE 8,084 8,084
SUPPORT MODS.
53 COMMON ECM 21,947 5,000 26,947
EQUIPMENT.
AN/AAR-47 [5,000]
computer
processor
upgrade.
54 COMMON AVIONICS 101,120 101,120
CHANGES.
55 COMMON 0 0
DEFENSIVE
WEAPON SYSTEM.
56 ID SYSTEMS..... 20,397 20,397
57 RQ-7 SERIES.... 18,121 18,121
58 V-22 (TILT/ 21,985 21,985
ROTOR ACFT)
OSPREY.
AIRCRAFT SPARES
AND REPAIR
PARTS
59 SPARES AND 1,244,673 423,000 1,667,673
REPAIR PARTS.
Unfunded [423,000]
requiremen
t for
spares.
AIRCRAFT
SUPPORT EQUIP
& FACILITIES
60 COMMON GROUND 322,063 322,063
EQUIPMENT.
61 AIRCRAFT 17,998 17,998
INDUSTRIAL
FACILITIES.
62 WAR CONSUMABLES 25,248 25,248
63 OTHER 7,579 7,579
PRODUCTION
CHARGES.
64 SPECIAL SUPPORT 45,916 45,916
EQUIPMENT.
65 FIRST 1,752 1,752
DESTINATION
TRANSPORTATION.
66 CANCELLED 0 0
ACCOUNT
ADJUSTMENTS.
TOTAL, AIRCRAFT 18,508,613 622,548 19,131,161
PROCUREMENT,
NAVY.
WEAPONS
PROCUREMENT,
NAVY
BALLISTIC
MISSILES
MODIFICATION OF
MISSILES
1 TRIDENT II MODS 24 1,106,911 24 1,106,911
SUPPORT
EQUIPMENT &
FACILITIES
2 MISSILE 3,446 3,446
INDUSTRIAL
FACILITIES.
OTHER MISSILES
STRATEGIC
MISSILES
3 TOMAHAWK....... 196 300,178 196 300,178
TACTICAL
MISSILES
4 AMRAAM......... 101 155,553 101 155,553
5 SIDEWINDER..... 146 52,293 146 52,293
6 JSOW........... 333 131,141 333 131,141
7 STANDARD 67 295,922 67 295,922
MISSILE.
8 RAM............ 90 74,976 90 74,976
9 HELLFIRE....... 575 43,495 575 43,495
10 AERIAL TARGETS. 43,988 43,988
11 OTHER MISSILE 3,981 3,981
SUPPORT.
MODIFICATION OF
MISSILES
12 ESSM........... 33 48,152 33 48,152
13 HARM MODS...... 53,543 53,543
14 STANDARD 61,896 61,896
MISSILES MODS.
SUPPORT
EQUIPMENT &
FACILITIES
15 WEAPONS 3,281 30,000 33,281
INDUSTRIAL
FACILITIES.
Accelerate [30,000]
facility
restoratio
n program.
16 FLEET SATELLITE 1 534,492 1 534,492
COMM FOLLOW-ON.
16 LESS: -28,758 -28,758
ADVANCE
PROCUREMENT
(PY).
17 ADVANCE 0 0
PROCUREMENT
(CY).
ORDNANCE
SUPPORT
EQUIPMENT
18 ORDNANCE 52,152 52,152
SUPPORT
EQUIPMENT.
TORPEDOES AND
RELATED
EQUIPMENT
19 ASW TARGETS.... 10,123 10,123
MOD OF
TORPEDOES AND
RELATED EQUIP
20 MK-54 TORPEDO 42,144 42,144
MODS.
21 MK-48 TORPEDO 43,559 43,559
ADCAP MODS.
22 QUICKSTRIKE 6,090 6,090
MINE.
SUPPORT
EQUIPMENT
23 TORPEDO SUPPORT 43,766 43,766
EQUIPMENT.
24 ASW RANGE 9,557 9,557
SUPPORT.
DESTINATION
TRANSPORTATION
25 FIRST 3,494 3,494
DESTINATION
TRANSPORTATION.
OTHER WEAPONS
GUNS AND GUN
MOUNTS
26 SMALL ARMS AND 14,316 14,316
WEAPONS.
MODIFICATION OF
GUNS AND GUN
MOUNTS
27 CIWS MODS...... 41,408 41,408
28 COAST GUARD 20,657 20,657
WEAPONS.
29 GUN MOUNT MODS. 43,991 11,000 54,991
Mk 110 gun [6,000]
weapon
system
depot
support.
Mk 38 Mod [5,000]
2 gun
weapon
system
depot
support.
30 LCS MODULE 9,808 9,808
WEAPONS.
31 CRUISER 52,426 52,426
MODERNIZATION
WEAPONS.
32 AIRBORNE MINE 23,007 23,007
NEUTRALIZATION
SYSTEMS.
OTHER
33 MARINE CORPS 0 0
TACTIAL
UNMANNED
AERIAL SYSTEM.
34 CANCELLED 0 0
ACCOUNT
ADJUSTMENTS.
SPARES AND
REPAIR PARTS
35 SPARES AND 58,806 58,806
REPAIR PARTS.
TOTAL, WEAPONS 3,359,794 41,000 3,400,794
PROCUREMENT,
NAVY.
PROCUREMENT OF
AMMO, NAVY &
MC
NAVY AMMUNITION
1 GENERAL PURPOSE 80,028 80,028
BOMBS.
2 JDAM........... 0 0
3 AIRBORNE 38,721 38,721
ROCKETS, ALL
TYPES.
4 MACHINE GUN 21,003 21,003
AMMUNITION.
5 PRACTICE BOMBS. 33,666 33,666
6 CARTRIDGES & 53,667 53,667
CART ACTUATED
DEVICES.
7 AIR EXPENDABLE 59,626 59,626
COUNTERMEASURE
S.
8 JATOS.......... 2,869 2,869
9 5 INCH/54 GUN 34,492 34,492
AMMUNITION.
10 INTERMEDIATE 37,234 37,234
CALIBER GUN
AMMUNITION.
11 OTHER SHIP GUN 36,275 36,275
AMMUNITION.
12 SMALL ARMS & 46,192 46,192
LANDING PARTY
AMMO.
13 PYROTECHNIC AND 11,310 11,310
DEMOLITION.
14 AMMUNITION LESS 4,105 4,105
THAN $5
MILLION.
MARINE CORPS
AMMUNITION
15 SMALL ARMS 64,839 64,839
AMMUNITION.
16 LINEAR CHARGES, 15,329 15,329
ALL TYPES.
17 40 MM, ALL 62,835 62,835
TYPES.
18 60MM, ALL TYPES 17,877 17,877
19 81MM, ALL TYPES 41,053 41,053
20 120MM, ALL 6,458 6,458
TYPES.
21 CTG 25MM, ALL 2,937 2,937
TYPES.
22 GRENADES, ALL 9,298 9,298
TYPES.
23 ROCKETS, ALL 13,995 13,995
TYPES.
24 ARTILLERY, ALL 70,423 70,423
TYPES.
25 DEMOLITION 19,464 19,464
MUNITIONS, ALL
TYPES.
26 FUZE, ALL TYPES 18,032 18,032
27 NON LETHALS.... 3,009 3,009
28 AMMO 8,985 8,985
MODERNIZATION.
29 ITEMS LESS THAN 4,269 4,269
$5 MILLION.
TOTAL, 817,991 0 817,991
PROCUREMENT OF
AMMO, NAVY &
MC.
SHIPBUILDING &
CONVERSION,
NAVY
OTHER WARSHIPS
1 CARRIER 1,731,256 1,731,256
REPLACEMENT
PROGRAM
SUBSEQUENT
FULL FUNDING
(CY).
1 COMPLETION 0 0
OF PRIOR
YEAR
SHIPBUILDIN
G (CY).
2 ADVANCE 908,313 908,313
PROCUREMENT
(CY).
3 VIRGINIA CLASS 2 5,344,446 2 5,344,446
SUBMARINE.
3 LESS: -1,902,994 -1,902,994
ADVANCE
PROCUREMENT
(PY).
3 COMPLETION 0 0
OF PRIOR
YEAR
SHIPBUILDIN
G (CY).
4 ADVANCE 1,691,236 1,691,236
PROCUREMENT
(CY).
5 CVN REFUELING 0 0
OVERHAULS.
5 LESS: 0 0
ADVANCE
PROCUREMENT
(PY).
5 LESS: 0 0
SUBSEQUENT
FULL
FUNDING
(FY).
5 SUBSEQUENT 1,255,799 1,255,799
FULL
FUNDING
(CY).
6 ADVANCE 408,037 408,037
PROCUREMENT
(CY).
7 SSBN ERO....... 5,221 5,221
7 LESS: -5,221 -5,221
ADVANCE
PROCUREMENT
(PY).
7 COMPLETION 0 0
OF PRIOR
YEAR
SHIPBUILDIN
G (CY).
8 ADVANCE 0 0
PROCUREMENT
(CY).
9 DDG 1000....... 186,312 186,312
9 LESS: 0 0
ADVANCE
PROCUREMENT
(PY).
9 LESS: 0 0
SUBSEQUENT
FULL
FUNDING
(FY).
9 SUBSEQUENT 0 0
FULL
FUNDING
(CY).
10 DDG-51......... 2 3,499,400 2 3,499,400
10 LESS: -577,210 -577,210
ADVANCE
PROCUREMENT
(PY).
11 ADVANCE 47,984 47,984
PROCUREMENT
(CY).
12 LITTORAL COMBAT 2 1,230,984 2 1,230,984
SHIP.
13 ADVANCE 278,351 278,351
PROCUREMENT
(CY).
AMPHIBIOUS
SHIPS
14 LPD-17......... 0 0
14 LESS: 0 0
ADVANCE
PROCUREMENT
(PY).
14 LESS: 0 0
SUBSEQUENT
FULL
FUNDING
(FY).
14 SUBSEQUENT 0 0
FULL
FUNDING
(CY).
14 COMPLETION 0 0
OF PRIOR
YEAR
SHIPBUILDIN
G (CY).
15 ADVANCE 0 0
PROCUREMENT
(CY).
16 LHA REPLACEMENT 1 3,397,892 1 3,397,892
16 LESS: -347,243 -347,243
ADVANCE
PROCUREMENT
(PY).
16 LESS: -2,100,752 -2,100,752
SUBSEQUENT
FULL
FUNDING
(FY).
16 COMPLETION 0 0
OF PRIOR
YEAR
SHIPBUILDIN
G (CY).
17 ADVANCE 0 0
PROCUREMENT
(CY).
18 INTRATHEATER 1 180,703 1 180,703
CONNECTOR.
AUXILIARIES,
CRAFT AND
PRIOR YR
PROGRAM COST
19 OCEANOGRAPHIC 1 88,561 1 88,561
SHIPS.
20 OUTFITTING..... 306,640 306,640
21 SERVICE CRAFT.. 13,770 13,770
22 LCAC SLEP...... 4 83,035 4 83,035
23 CANCELLED 0 0
ACCOUNT
ADJUSTMENTS.
TOTAL, 15,724,520 0 15,724,520
SHIPBUILDING &
CONVERSION,
NAVY.
OTHER
PROCUREMENT,
NAVY
SHIPS SUPPORT
EQUIPMENT
SHIP PROPULSION
EQUIPMENT
1 LM-2500 GAS 12,137 12,137
TURBINE.
2 ALLISON 501K 14,923 14,923
GAS TURBINE.
3 OTHER 0 0
PROPULSION
EQUIPMENT.
NAVIGATION
EQUIPMENT
4 OTHER 23,167 23,167
NAVIGATION
EQUIPMENT.
PERISCOPES
5 SUB PERISCOPES 85,619 85,619
& IMAGING
EQUIP.
OTHER SHIPBOARD
EQUIPMENT
6 DDG MOD........ 296,691 296,691
7 FIREFIGHTING 11,974 11,974
EQUIPMENT.
8 COMMAND AND 3,962 3,962
CONTROL
SWITCHBOARD.
9 POLLUTION 25,614 25,614
CONTROL
EQUIPMENT.
10 SUBMARINE 7,730 7,730
SUPPORT
EQUIPMENT.
11 VIRGINIA CLASS 132,039 4,800 136,839
SUPPORT
EQUIPMENT.
Tube test [4,800]
equipment.
12 SUBMARINE 44,057 44,057
BATTERIES.
13 STRATEGIC 22,811 22,811
PLATFORM
SUPPORT EQUIP.
14 DSSP EQUIPMENT. 3,869 3,869
15 CG 356,958 356,958
MODERNIZATION.
16 LCAC........... 9,142 9,142
17 MINESWEEPING 0 0
EQUIPMENT.
18 UNDERWATER EOD 15,908 15,908
PROGRAMS.
19 ITEMS LESS THAN 126,842 6,500 133,342
$5 MILLION.
Remote [2,900]
monitoring
and
troublesho
oting.
Helicopter [3,600]
hangar
door
upgrades.
20 CHEMICAL 7,470 7,470
WARFARE
DETECTORS.
21 SUBMARINE LIFE 13,016 13,016
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
22 REACTOR POWER 438,503 438,503
UNITS.
23 REACTOR 266,469 266,469
COMPONENTS.
OCEAN
ENGINEERING
24 DIVING AND 10,227 10,227
SALVAGE
EQUIPMENT.
SMALL BOATS
25 STANDARD BOATS. 27,725 4,400 32,125
Range [4,400]
support
vehicle.
TRAINING
EQUIPMENT
26 OTHER SHIPS 16,094 16,094
TRAINING
EQUIPMENT.
PRODUCTION
FACILITIES
EQUIPMENT
27 OPERATING 49,856 49,856
FORCES IPE.
OTHER SHIP
SUPPORT
28 NUCLEAR 116,829 116,829
ALTERATIONS.
29 LCS MODULES.... 82,951 82,951
LOGISTIC
SUPPORT
30 LSD MIDLIFE.... 106,612 106,612
COMMUNICATIONS
& ELECTRONICS
EQUIP
SHIP RADARS
31 RADAR SUPPORT.. 12,030 12,030
SHIP SONARS
32 SPQ-9B RADAR... 8,887 8,887
33 AN/SQQ-89 SURF 87,219 87,219
ASW COMBAT
SYSTEM.
34 SSN ACOUSTICS.. 237,015 237,015
35 UNDERSEA 29,641 29,641
WARFARE
SUPPORT
EQUIPMENT.
36 SONAR SWITCHES 14,056 14,056
AND
TRANSDUCERS.
ASW ELECTRONIC
EQUIPMENT
37 SUBMARINE 20,739 20,739
ACOUSTIC
WARFARE SYSTEM.
38 SSTD........... 2,206 2,206
39 FIXED 57,481 57,481
SURVEILLANCE
SYSTEM.
40 SURTASS........ 8,468 8,468
41 TACTICAL 18,586 18,586
SUPPORT CENTER.
ELECTRONIC
WARFARE
EQUIPMENT
42 AN/SLQ-32...... 49,677 49,677
RECONNAISSANCE
EQUIPMENT
43 SHIPBOARD IW 105,624 105,624
EXPLOIT.
44 AUTOMATED 1,299 1,299
IDENTIFICATION
SYSTEM (AIS).
SUBMARINE
SURVEILLANCE
EQUIPMENT
45 SUBMARINE 71,558 71,558
SUPPORT
EQUIPMENT PROG.
OTHER SHIP
ELECTRONIC
EQUIPMENT
46 COOPERATIVE 31,091 31,091
ENGAGEMENT
CAPABILITY.
47 TRUSTED 338 338
INFORMATION
SYSTEM (TIS).
48 NAVAL TACTICAL 33,358 33,358
COMMAND
SUPPORT SYSTEM
(NTCSS).
49 ATDLS.......... 2,273 2,273
50 NAVY COMMAND 8,920 8,920
AND CONTROL
SYSTEM (NCCS).
51 MINESWEEPING 81,441 81,441
SYSTEM
REPLACEMENT.
52 SHALLOW WATER 9,236 9,236
MCM.
53 NAVSTAR GPS 9,319 9,319
RECEIVERS
(SPACE).
54 ARMED FORCES 3,328 3,328
RADIO AND TV.
55 STRATEGIC 4,248 4,248
PLATFORM
SUPPORT EQUIP.
TRAINING
EQUIPMENT
56 OTHER TRAINING 29,061 29,061
EQUIPMENT.
AVIATION
ELECTRONIC
EQUIPMENT
57 MATCALS........ 16,747 16,747
58 SHIPBOARD AIR 7,658 7,658
TRAFFIC
CONTROL.
59 AUTOMATIC 15,169 15,169
CARRIER
LANDING SYSTEM.
60 NATIONAL AIR 17,531 17,531
SPACE SYSTEM.
61 AIR STATION 6,851 6,851
SUPPORT
EQUIPMENT.
62 MICROWAVE 8,551 8,551
LANDING SYSTEM.
63 ID SYSTEMS..... 29,572 29,572
64 TAC A/C MISSION 9,098 9,098
PLANNING
SYS(TAMPS).
OTHER SHORE
ELECTRONIC
EQUIPMENT
65 DEPLOYABLE 8,542 8,542
JOINT COMMAND
AND CONT.
66 TADIX-B........ 6,909 6,909
67 GCCS-M 9,832 9,832
EQUIPMENT
TACTICAL/
MOBILE.
68 DCGS-N......... 16,634 16,634
69 CANES.......... 34,398 34,398
70 RADIAC......... 6,104 6,104
71 CANES-INTELL... 10,432 10,432
72 GPETE.......... 5,861 5,861
73 INTEG COMBAT 4,445 4,445
SYSTEM TEST
FACILITY.
74 EMI CONTROL 4,737 4,737
INSTRUMENTATIO
N.
75 ITEMS LESS THAN 51,048 51,048
$5 MILLION.
SHIPBOARD
COMMUNICATIONS
76 SHIPBOARD 0 0
TACTICAL
COMMUNICATIONS.
77 PORTABLE RADIOS 0 0
78 SHIP 260,551 260,551
COMMUNICATIONS
AUTOMATION.
79 MARITIME DOMAIN 9,250 9,250
AWARENESS
(MDA).
80 COMMUNICATIONS 39,846 39,846
ITEMS UNDER
$5M.
SUBMARINE
COMMUNICATIONS
81 SUBMARINE 0 0
BROADCAST
SUPPORT.
82 SUBMARINE 59,013 59,013
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
83 SATELLITE 28,665 28,665
COMMUNICATIONS
SYSTEMS.
84 NAVY MULTIBAND 161,021 161,021
TERMINAL (NMT).
SHORE
COMMUNICATIONS
85 JCS 2,256 2,256
COMMUNICATIONS
EQUIPMENT.
86 ELECTRICAL 1,309 1,309
POWER SYSTEMS.
87 NAVAL SHORE 3,422 3,422
COMMUNICATIONS.
CRYPTOGRAPHIC
EQUIPMENT
88 INFO SYSTEMS 120,529 120,529
SECURITY
PROGRAM (ISSP).
CRYPTOLOGIC
EQUIPMENT
89 CRYPTOLOGIC 18,322 18,322
COMMUNICATIONS
EQUIP.
OTHER
ELECTRONIC
SUPPORT
90 COAST GUARD 20,189 20,189
EQUIPMENT.
DRUG
INTERDICTION
SUPPORT
91 OTHER DRUG 0 0
INTERDICTION
SUPPORT.
AVIATION
SUPPORT
EQUIPMENT
SONOBUOYS
92 SONOBUOYS--ALL 87,846 87,846
TYPES.
AIRCRAFT
SUPPORT
EQUIPMENT
93 WEAPONS RANGE 51,742 51,742
SUPPORT
EQUIPMENT.
94 EXPEDITIONARY 8,429 8,429
AIRFIELDS.
95 AIRCRAFT 11,134 11,134
REARMING
EQUIPMENT.
96 AIRCRAFT LAUNCH 37,063 37,063
& RECOVERY
EQUIPMENT.
97 METEOROLOGICAL 25,581 25,581
EQUIPMENT.
98 OTHER 1,573 1,573
PHOTOGRAPHIC
EQUIPMENT.
99 AVIATION LIFE 40,696 40,696
SUPPORT.
100 AIRBORNE MINE 35,855 35,855
COUNTERMEASURE
S.
101 LAMPS MK III 20,662 20,662
SHIPBOARD
EQUIPMENT.
102 PORTABLE 12,812 12,812
ELECTRONIC
MAINTENANCE
AIDS.
103 OTHER AVIATION 12,018 12,018
SUPPORT
EQUIPMENT.
ORDNANCE
SUPPORT
EQUIPMENT
SHIP GUN SYSTEM
EQUIPMENT
104 NAVAL FIRES 1,086 1,086
CONTROL SYSTEM.
105 GUN FIRE 8,076 8,076
CONTROL
EQUIPMENT.
SHIP MISSILE
SYSTEMS
EQUIPMENT
106 NATO SEASPARROW 11,121 11,121
107 RAM GMLS....... 11,805 11,805
108 SHIP SELF 54,290 54,290
DEFENSE SYSTEM.
109 AEGIS SUPPORT 162,307 162,307
EQUIPMENT.
110 TOMAHAWK 88,698 88,698
SUPPORT
EQUIPMENT.
111 VERTICAL LAUNCH 5,698 5,698
SYSTEMS.
FBM SUPPORT
EQUIPMENT
112 STRATEGIC 184,034 184,034
MISSILE
SYSTEMS EQUIP.
ASW SUPPORT
EQUIPMENT
113 SSN COMBAT 88,004 88,004
CONTROL
SYSTEMS.
114 SUBMARINE ASW 5,282 5,282
SUPPORT
EQUIPMENT.
115 SURFACE ASW 8,323 8,323
SUPPORT
EQUIPMENT.
116 ASW RANGE 7,121 7,121
SUPPORT
EQUIPMENT.
OTHER ORDNANCE
SUPPORT
EQUIPMENT
117 EXPLOSIVE 58,288 58,288
ORDNANCE
DISPOSAL EQUIP.
118 ITEMS LESS THAN 3,546 3,546
$5 MILLION.
OTHER
EXPENDABLE
ORDNANCE
119 ANTI-SHIP 36,588 36,588
MISSILE DECOY
SYSTEM.
120 SURFACE 7,337 7,337
TRAINING
DEVICE MODS.
121 SUBMARINE 34,519 34,519
TRAINING
DEVICE MODS.
CIVIL
ENGINEERING
SUPPORT EQUIP
CIVIL
ENGINEERING
SUPPORT
EQUIPMENT
122 PASSENGER 3,719 3,719
CARRYING
VEHICLES.
123 GENERAL PURPOSE 584 584
TRUCKS.
124 CONSTRUCTION & 13,935 13,935
MAINTENANCE
EQUIP.
125 FIRE FIGHTING 12,853 12,853
EQUIPMENT.
126 TACTICAL 31,741 31,741
VEHICLES.
127 AMPHIBIOUS 3,132 3,132
EQUIPMENT.
128 POLLUTION 5,154 5,154
CONTROL
EQUIPMENT.
129 ITEMS UNDER $5 24,770 24,770
MILLION.
130 PHYSICAL 1,128 1,128
SECURITY
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
131 MATERIALS 15,504 15,504
HANDLING
EQUIPMENT.
132 OTHER SUPPLY 6,655 6,655
SUPPORT
EQUIPMENT.
133 FIRST 6,315 6,315
DESTINATION
TRANSPORTATION.
134 SPECIAL PURPOSE 66,549 66,549
SUPPLY SYSTEMS.
PERSONNEL &
COMMAND
SUPPORT EQUIP
TRAINING
DEVICES
135 TRAINING 11,429 11,429
SUPPORT
EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
137 COMMAND SUPPORT 47,306 5,900 53,206
EQUIPMENT.
Man [5,900]
overboard
indicators.
138 EDUCATION 2,067 2,067
SUPPORT
EQUIPMENT.
139 MEDICAL SUPPORT 7,679 7,679
EQUIPMENT.
141 NAVAL MIP 1,433 1,433
SUPPORT
EQUIPMENT.
143 OPERATING 12,754 12,754
FORCES SUPPORT
EQUIPMENT.
144 C4ISR EQUIPMENT 5,317 5,317
145 ENVIRONMENTAL 20,033 20,033
SUPPORT
EQUIPMENT.
146 PHYSICAL 154,805 154,805
SECURITY
EQUIPMENT.
147 ENTERPRISE 377,353 377,353
INFORMATION
TECHNOLOGY.
OTHER
148 CANCELLED 0 0
ACCOUNT
ADJUSTMENTS.
999 CLASSIFIED 19,767 19,767
PROGRAMS.
SPARES AND
REPAIR PARTS
149 SPARES AND 215,906 215,906
REPAIR PARTS.
TOTAL, OTHER 6,450,208 21,600 6,471,808
PROCUREMENT,
NAVY.
PROCUREMENT,
MARINE CORPS
WEAPONS AND
COMBAT
VEHICLES
TRACKED COMBAT
VEHICLES
1 AAV7A1 PIP..... 7,749 7,749
2 LAV PIP........ 41,277 41,277
3 M1A1 FIREPOWER 0 0
ENHANCEMENTS.
ARTILLERY AND
OTHER WEAPONS
4 EXPEDITIONARY 10 9,723 10 9,723
FIRE SUPPORT
SYSTEM.
5 155MM 2 10,356 2 10,356
LIGHTWEIGHT
TOWED HOWITZER.
6 HIGH MOBILITY 22,230 22,230
ARTILLERY
ROCKET SYSTEM.
7 WEAPONS AND 26,091 26,091
COMBAT
VEHICLES UNDER
$5 MILLION.
WEAPONS
8 MODULAR WEAPON 0 0
SYSTEM.
OTHER SUPPORT
9 MODIFICATION 40,916 40,916
KITS.
10 WEAPONS 13,115 13,115
ENHANCEMENT
PROGRAM.
GUIDED MISSILES
AND EQUIPMENT
GUIDED MISSILES
11 GROUND BASED 5,175 5,175
AIR DEFENSE.
12 JAVELIN........ 0 0
13 FOLLOW ON TO 21,570 21,570
SMAW.
14 ANTI-ARMOR 20,315 20,315
WEAPONS SYSTEM-
HEAVY (AAWS-H).
OTHER SUPPORT
15 MODIFICATION 3,798 3,798
KITS.
COMMUNICATIONS
& ELECTRONICS
EQUIPMENT
COMMAND AND
CONTROL
SYSTEMS
16 UNIT OPERATIONS 10,776 10,776
CENTER.
REPAIR AND TEST
EQUIPMENT
17 REPAIR AND TEST 25,636 25,636
EQUIPMENT.
OTHER SUPPORT
(TEL)
18 COMBAT SUPPORT 32,877 32,877
SYSTEM.
19 MODIFICATION 0 0
KITS.
COMMAND AND
CONTROL SYSTEM
(NON-TEL)
20 ITEMS UNDER $5 3,405 3,405
MILLION (COMM
& ELEC).
21 AIR OPERATIONS 67,568 67,568
C2 SYSTEMS.
RADAR +
EQUIPMENT (NON-
TEL)
22 RADAR SYSTEMS.. 860 860
INTELL/COMM
EQUIPMENT (NON-
TEL)
23 FIRE SUPPORT 3,906 3,906
SYSTEM.
24 INTELLIGENCE 92,377 92,377
SUPPORT
EQUIPMENT.
25 RQ-11 UAV...... 16 32,490 16 32,490
26 DCGS-MC........ 4,582 4,582
OTHER COMM/ELEC
EQUIPMENT (NON-
TEL)
27 NIGHT VISION 0 0
EQUIPMENT.
OTHER SUPPORT
(NON-TEL)
28 COMMON COMPUTER 258,947 258,947
RESOURCES.
29 COMMAND POST 33,021 33,021
SYSTEMS.
30 RADIO SYSTEMS.. 40,551 40,551
31 COMM SWITCHING 32,279 32,279
& CONTROL
SYSTEMS.
32 COMM & ELEC 15,278 15,278
INFRASTRUCTURE
SUPPORT.
SUPPORT
VEHICLES
ADMINISTRATIVE
VEHICLES
33 COMMERCIAL 1,157 1,157
PASSENGER
VEHICLES.
34 COMMERCIAL 12,696 12,696
CARGO VEHICLES.
TACTICAL
VEHICLES
35 5/4T TRUCK 17 4,849 17 4,849
HMMWV (MYP).
36 MOTOR TRANSPORT 5,253 5,253
MODIFICATIONS.
37 MEDIUM TACTICAL 11,721 11,721
VEHICLE
REPLACEMENT.
38 LOGISTICS 550 133,827 550 133,827
VEHICLE SYSTEM
REP.
39 FAMILY OF 19,156 19,156
TACTICAL
TRAILERS.
40 TRAILERS....... 8,075 8,075
OTHER SUPPORT
41 ITEMS LESS THAN 6,016 6,016
$5 MILLION.
ENGINEER AND
OTHER
EQUIPMENT
ENGINEER AND
OTHER
EQUIPMENT
42 ENVIRONMENTAL 5,110 5,110
CONTROL EQUIP
ASSORT.
43 BULK LIQUID 10,743 10,743
EQUIPMENT.
44 TACTICAL FUEL 29,330 29,330
SYSTEMS.
45 POWER EQUIPMENT 19,419 19,419
ASSORTED.
46 AMPHIBIOUS 11,718 11,718
SUPPORT
EQUIPMENT.
47 EOD SYSTEMS.... 64,093 64,093
MATERIALS
HANDLING
EQUIPMENT
48 PHYSICAL 16,419 16,419
SECURITY
EQUIPMENT.
49 GARRISON MOBILE 10,976 10,976
ENGINEER
EQUIPMENT
(GMEE).
50 MATERIAL 24,376 24,376
HANDLING EQUIP.
51 FIRST 2,748 2,748
DESTINATION
TRANSPORTATION.
GENERAL
PROPERTY
52 FIELD MEDICAL 6,722 6,722
EQUIPMENT.
53 TRAINING 5,668 5,668
DEVICES.
54 CONTAINER 897 897
FAMILY.
55 FAMILY OF 18,261 18,261
CONSTRUCTION
EQUIPMENT.
56 FAMILY OF 0 0
INTERNALLY
TRANSPORTABLE
VEH (ITV).
57 BRIDGE BOATS... 12,567 12,567
58 RAPID 4,283 4,283
DEPLOYABLE
KITCHEN.
OTHER SUPPORT
59 ITEMS LESS THAN 7,572 7,572
$5 MILLION.
SPARES AND
REPAIR PARTS
60 SPARES AND 13,524 13,524
REPAIR PARTS.
TOTAL, 1,344,044 0 1,344,044
PROCUREMENT,
MARINE CORPS.
AIRCRAFT
PROCUREMENT,
AIR FORCE
COMBAT AIRCRAFT
TACTICAL FORCES
1 F-35........... 22 4,007,842 22 4,007,842
1 LESS: -278,600 -278,600
ADVANCE
PROCUREMENT
(PY).
2 ADVANCE 257,000 257,000
PROCUREMENT
(CY).
3 F-22A.......... 158,039 158,039
3 LESS: 0 0
ADVANCE
PROCUREMENT
(PY).
4 ADVANCE 0 0
PROCUREMENT
(CY).
AIRLIFT
AIRCRAFT
TACTICAL
AIRLIFT
5 C-17A (MYP).... 14,283 114,400 128,683
USAF- [114,400]
requested
transfer
from C-17
post
production
support
(APAF 88).
OTHER AIRLIFT
6 C-130J......... 8 566,167 8 566,167
6 LESS: -102,900 -102,900
ADVANCE
PROCUREMENT
(PY).
7 ADVANCE 48,000 48,000
PROCUREMENT
(CY).
8 HC-130J........ 4 349,300 4 349,300
9 ADVANCE 10,000 10,000
PROCUREMENT
(CY).
10 MC-130J........ 5 467,465 5 467,465
11 ADVANCE 60,000 60,000
PROCUREMENT
(CY).
12 HC/MC-130 RECAP 137,360 137,360
12 LESS: -137,360 -137,360
ADVANCE
PROCUREMENT
(PY).
13 ADVANCE 0 0
PROCUREMENT
(CY).
14 JOINT CARGO 8 351,200 8 351,200
AIRCRAFT.
TRAINER
AIRCRAFT
UPT TRAINERS
15 LIGHT MOBILITY 15 65,699 15 65,699
AIRCRAFT.
16 USAFA POWERED 12 4,099 12 4,099
FLIGHT PROGRAM.
OPERATIONAL
TRAINERS
17 JPATS.......... 0 0
OTHER AIRCRAFT
HELICOPTERS
18 COM VERT LIFT 6,432 6,432
SPT PLATFORM
(UH-1N
Replace)
ADVANCE
PROCUREMENT
(CY)..........
19 V22 OSPREY..... 5 415,150 5 415,150
19 LESS: -22,052 -22,052
ADVANCE
PROCUREMENT
(PY).
20 ADVANCE 13,621 13,621
PROCUREMENT
(CY).
MISSION SUPPORT
AIRCRAFT
21 C-29A FLIGHT 0 0
INSPECTION
ACFT.
22 C-12 A......... 0 0
23 C-40........... 0 0
24 CIVIL AIR 2,424 2,424
PATROL A/C.
25 HH-60M 3 104,447 3 104,447
OPERATIONAL
LOSS
REPLACEMENT.
26 RQ-11.......... 0 0
27 STUASL0........ 3,253 3,253
OTHER AIRCRAFT
28 TARGET DRONES.. 9 85,505 9 85,505
29 C-37A.......... 2 52,000 2 52,000
30 RQ-4 UAV....... 4 762,678 4 762,678
30 LESS: -113,049 -113,049
ADVANCE
PROCUREMENT
(PY).
31 ADVANCE 90,200 90,200
PROCUREMENT
(CY).
32 MC 130 IN BA 04 9,932 9,932
33 MQ-1........... 0 0
34 MQ-9........... 36 863,595 -18,300 36 845,295
Airborne [-18,300]
signals
intelligen
ce payload.
MODIFICATION OF
INSERVICE
AIRCRAFT
STRATEGIC
AIRCRAFT
35 B-2A........... 63,371 63,371
35 LESS: 0 0
ADVANCE
PROCUREMENT
(PY).
36 ADVANCE 0 0
PROCUREMENT
(CY).
37 B-1B........... 200,090 200,090
38 B-52........... 69,074 69,074
TACTICAL
AIRCRAFT
39 A-10........... 165,361 165,361
40 F-15........... 302,235 302,235
41 F-16........... 167,188 167,188
42 F-22A.......... 492,199 492,199
43 F-35 123,936 123,936
MODIFICATIONS.
AIRLIFT
AIRCRAFT
44 C-5............ 848,669 848,669
44 LESS: -108,300 -108,300
ADVANCE
PROCUREMENT
(PY).
45 ADVANCE 166,900 166,900
PROCUREMENT
(CY).
46 C-9C........... 10 10
47 C-17A.......... 351,614 351,614
48 C-21........... 339 339
49 C-32A.......... 12,113 12,113
50 C-37A.......... 12,162 12,162
TRAINER
AIRCRAFT
51 GLIDER MODS.... 120 120
52 T-6............ 24,644 24,644
53 T-1............ 83 83
54 T-38........... 28,288 28,288
55 T-43........... 0 0
OTHER AIRCRAFT
56 KC-10A (ATCA).. 13,777 13,777
57 C-12........... 7,645 7,645
58 MC-12W......... 10,826 10,826
59 C-20 MODS...... 736 736
60 VC-25A MOD..... 13,175 13,175
61 C-40........... 10,697 10,697
62 C-130.......... 257,339 257,339
63 C-130 MODS 3,963 3,963
INTEL.
64 C130J MODS..... 80,205 80,205
65 C-135.......... 44,228 6,000 50,228
LAIRCM for [11,000]
KC-135
aircraft.
Delay in [-5,000]
starting
Block 45
upgrade
program.
66 COMPASS CALL 176,558 176,558
MODS.
67 DARP........... 105,540 105,540
68 E-3............ 195,163 195,163
69 E-4............ 37,526 37,526
70 E-8............ 188,504 102,500 291,004
Maintain [102,500]
JSTARS re-
engining
at
original
plan level.
71 H-1............ 2,457 2,457
72 H-60........... 11,630 11,630
73 RQ-4 UAV MODS.. 119,415 119,415
74 HC/MC-130 1,944 1,944
MODIFICATIONS.
75 OTHER AIRCRAFT. 159,423 -116,400 43,023
Transfer [-116,400]
FAB-T
funds to
PE 33601F
(RDAF 180).
76 MQ-1 MODS...... 208,213 208,213
77 MQ-9 MODS...... 108,922 108,922
78 MQ-9 PAYLOAD-- 115,383 115,383
UAS.
79 CV-22 MODS..... 13,964 13,964
AIRCRAFT SPARES
AND REPAIR
PARTS
80 INITIAL SPARES/ 622,020 622,020
REPAIR PARTS.
AIRCRAFT SUPT
EQUIPMENT &
FACILITIES
COMMON SUPPORT
EQUIPMENT
81 AIRCRAFT 91,701 91,701
REPLACEMENT
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
82 B-1............ 6,791 6,791
83 B-2A........... 26,217 26,217
84 B-52........... 3,443 3,443
85 C-5............ 195 195
86 C-5............ 0 0
87 KC-10A (ATCA).. 5,702 5,702
88 C-17A.......... 153,347 -114,400 38,947
USAF- [-114,400]
requested
transfer
to C-17
procuremen
t (APAF 5).
89 C-130.......... 28,295 28,295
90 EC-130J........ 0 0
91 F-15........... 21,599 21,599
92 F-16........... 17,838 17,838
93 T-6............ 9,450 9,450
94 OTHER AIRCRAFT. 53,953 53,953
95 T-1............ 0 0
INDUSTRIAL
PREPAREDNESS
96 INDUSTRIAL 24,619 24,619
RESPONSIVENESS.
WAR CONSUMABLES
97 WAR CONSUMABLES 92,939 92,939
OTHER
PRODUCTION
CHARGES
98 OTHER 1,079,742 1,079,742
PRODUCTION
CHARGES.
99 OTHER 37,500 37,500
PRODUCTION
CHARGES--MQ-1.
CLASSIFIED
PROGRAMS
OTHER
PRODUCTION
CHARGES--SOF
103 CANCELLED ACCT 0 0
ADJUSTMENTS.
DARP
104 DARP........... 19,117 19,117
999 CLASSIFIED 12,981 12,981
PROGRAMS.
TOTAL, AIRCRAFT 15,366,508 -26,200 15,340,308
PROCUREMENT,
AIR FORCE.
MISSILE
PROCUREMENT,
AIR FORCE
BALLISTIC
MISSILES
MISSILE
REPLACEMENT
EQUIPMENT--BAL
LISTIC
1 MISSILE 60,647 60,647
REPLACEMENT EQ-
BALLISTIC.
OTHER MISSILES
TACTICAL
2 JASSM.......... 171 215,825 171 215,825
3 SIDEWINDER (AIM- 178 64,523 178 64,523
9X).
4 AMRAAM......... 246 355,358 246 355,358
5 PREDITOR 460 44,570 460 44,570
HELLFIRE
MISSILE.
6 SMALL DIAMETER 2,985 134,884 2,985 134,884
BOMB.
INDUSTRIAL
FACILITIES
7 INDUSTR'L 833 833
PREPAREDNS/POL
PREVENTION.
MODIFICATION OF
INSERVICE
MISSILES
CLASS IV
8 ADVANCED CRUISE 48 48
MISSILE.
9 MM III 123,378 123,378
MODIFICATIONS.
10 AGM-65D 260 260
MAVERICK.
11 AGM-88A HARM... 4,079 4,079
12 AIR LAUNCH 10,795 10,795
CRUISE MISSILE
(ALCM).
SPARES AND
REPAIR PARTS
13 INITIAL SPARES/ 43,192 43,192
REPAIR PARTS.
OTHER SUPPORT
SPACE PROGRAMS
14 ADVANCED EHF... 38,078 38,078
14 LESS: 0 0
ADVANCE
PROCUREMENT
(PY).
15 ADVANCE 208,520 208,520
PROCUREMENT
(CY).
16 WIDEBAND 1 579,802 1 579,802
GAPFILLER
SATELLITES(SPA
CE).
16 LESS: -62,201 -62,201
ADVANCE
PROCUREMENT
(PY).
17 ADVANCE 58,110 58,110
PROCUREMENT
(CY).
18 ADVANCE 122,490 122,490
PROCUREMENT
(CY).
19 SPACEBORNE 14,894 14,894
EQUIP (COMSEC).
20 GLOBAL 64,609 64,609
POSITIONING
(SPACE).
20 LESS: 0 0
ADVANCE
PROCUREMENT
(PY).
21 ADVANCE 0 0
PROCUREMENT
(CY).
22 NUDET DETECTION 0 0
SYSTEM.
23 DEF 88,719 88,719
METEOROLOGICAL
SAT
PROG(SPACE).
24 EVOLVED 3 1,153,976 24,000 3 1,177,976
EXPENDABLE
LAUNCH
VEH(SPACE).
Crew [14,000]
augmentati
on.
GPS metric [10,000]
tracking.
25 MEDIUM LAUNCH 0 0
VEHICLE(SPACE).
26 SBIR HIGH 1 979,249 1 979,249
(SPACE).
26 LESS: -278,545 -278,545
ADVANCE
PROCUREMENT
(PY).
27 ADVANCE 270,000 270,000
PROCUREMENT
(CY).
28 NATL POLAR- 26,308 -16,308 10,000
ORBITING OP
ENV SATELLITE.
Early to [-16,308]
need.
SPECIAL
PROGRAMS
29 DEFENSE SPACE 0 0
RECONN PROGRAM.
33 SPECIAL UPDATE 247,584 247,584
PROGRAMS.
999 CLASSIFIED 893,287 893,287
PROGRAMS.
TOTAL, MISSILE 5,463,272 7,692 5,470,964
PROCUREMENT,
AIR FORCE.
PROCUREMENT OF
AMMUNITION,
AIR FORCE
ROCKETS
1 ROCKETS........ 19,106 19,106
CARTRIDGES
2 CARTRIDGES..... 141,049 141,049
BOMBS
3 PRACTICE BOMBS. 34,094 34,094
4 GENERAL PURPOSE 183,845 183,845
BOMBS.
5 JOINT DIRECT 3,500 104,642 3,500 104,642
ATTACK
MUNITION.
FLARE, IR MJU-
7B
6 CAD/PAD........ 37,016 37,016
7 EXPLOSIVE 3,383 3,383
ORDINANCE
DISPOSAL (EOD).
8 SPARES AND 1,000 1,000
REPAIR PARTS.
9 MODIFICATIONS.. 1,112 1,112
10 ITEMS LESS THAN 5,015 5,015
$5,000,000.
FUZES
11 FLARES......... 72,758 72,758
12 FUZES.......... 57,337 57,337
WEAPONS
SMALL ARMS
13 SMALL ARMS..... 7,063 7,063
TOTAL, 667,420 0 667,420
PROCUREMENT OF
AMMUNITION,
AIR FORCE.
OTHER
PROCUREMENT,
AIR FORCE
VEHICULAR
EQUIPMENT
PASSENGER
CARRYING
VEHICLES
1 PASSENGER 29,207 29,207
CARRYING
VEHICLES.
CARGO + UTILITY
VEHICLES
2 MEDIUM TACTICAL 45,618 45,618
VEHICLE.
3 CAP VEHICLES... 902 902
4 ITEMS LESS THAN 31,773 31,773
$5,000,000
(CARGO.
SPECIAL PURPOSE
VEHICLES
5 SECURITY AND 52,867 52,867
TACTICAL
VEHICLES.
6 ITEMS LESS THAN 18,358 18,358
$5,000,000
(SPECIA.
FIRE FIGHTING
EQUIPMENT
7 FIRE FIGHTING/ 26,924 26,924
CRASH RESCUE
VEHICLES.
MATERIALS
HANDLING
EQUIPMENT
8 HALVERSEN 0 0
LOADER.
9 ITEMS LESS THAT 14,501 14,501
$5,000,000.
BASE
MAINTENANCE
SUPPORT
10 RUNWAY SNOW 25,404 25,404
REMOV AND
CLEANING EQU.
11 ITEMS LESS THAN 54,570 54,570
$5,000,000(VEH
ICLES).
CANCELLED
ACCOUNT
ADJUSTM
12 CANCELLED 0 0
ACCOUNT
ADJUSTMENTS
(BPA.
ELECTRONICS AND
TELECOMMUNICAT
IONS EQUIP
COMM SECURITY
EQUIPMENT(COMS
EC)
13 COMSEC 216,381 216,381
EQUIPMENT.
14 MODIFICATIONS 1,582 1,582
(COMSEC).
INTELLIGENCE
PROGRAMS
15 INTELLIGENCE 2,634 2,634
TRAINING
EQUIPMENT.
16 INTELLIGENCE 30,685 30,685
COMM EQUIPMENT.
ELECTRONICS
PROGRAMS
17 AIR TRAFFIC 6,517 6,517
CONTROL &
LANDING SYS.
18 NATIONAL 112,056 112,056
AIRSPACE
SYSTEM.
19 THEATER AIR 55,326 55,326
CONTROL SYS
IMPROVEMEN.
20 WEATHER 21,018 21,018
OBSERVATION
FORECAST.
21 STRATEGIC 28,164 28,164
COMMAND AND
CONTROL.
22 CHEYENNE 18,416 18,416
MOUNTAIN
COMPLEX.
23 TAC SIGNIT SPT. 377 377
24 DRUG 0 0
INTERDICTION
SPT.
SPCL COMM-
ELECTRONICS
PROJECTS
25 GENERAL 74,285 74,285
INFORMATION
TECHNOLOGY.
26 AF GLOBAL 9,210 9,210
COMMAND &
CONTROL SYS.
27 MOBILITY 8,688 8,688
COMMAND AND
CONTROL.
28 AIR FORCE 99,281 99,281
PHYSICAL
SECURITY
SYSTEM.
29 COMBAT TRAINING 29,637 7,500 37,137
RANGES.
Joint [7,500]
threat
emitter.
30 C3 11,112 11,112
COUNTERMEASURE
S.
31 GCSS-AF FOS.... 53,349 53,349
32 THEATER BATTLE 20,525 20,525
MGT C2 SYSTEM.
33 AIR & SPACE 58,284 58,284
OPERATIONS CTR-
WPN SYS.
AIR FORCE
COMMUNICATIONS
34 INFORMATION 101,993 101,993
TRANSPORT
SYSTEMS.
35 BASE INFO 193,830 193,830
INFRASTRUCTURE.
36 AFNET.......... 151,643 151,643
37 VOICE SYSTEMS.. 25,399 25,399
38 USCENTCOM...... 36,020 36,020
DISA PROGRAMS
39 SPACE BASED IR 24,804 24,804
SENSOR PGM
SPACE.
40 NAVSTAR GPS 5,279 5,279
SPACE.
41 NUDET DETECTION 5,926 5,926
SYS SPACE.
42 AF SATELLITE 60,383 60,383
CONTROL
NETWORK SPACE.
43 SPACELIFT RANGE 91,004 23,500 114,504
SYSTEM SPACE.
Eastern [14,000]
Processing
Facility.
Kodiak [9,500]
Launch
Complex.
44 MILSATCOM SPACE 221,545 221,545
45 SPACE MODS 18,384 18,384
SPACE.
46 COUNTERSPACE 18,801 18,801
SYSTEM.
ORGANIZATION
AND BASE
47 TACTICAL C-E 268,140 268,140
EQUIPMENT.
48 COMBAT SURVIVOR 34,925 34,925
EVADER LOCATER.
49 RADIO EQUIPMENT 14,541 14,541
50 CCTV/ 11,613 11,613
AUDIOVISUAL
EQUIPMENT.
51 BASE COMM 108,308 108,308
INFRASTRUCTURE.
MODIFICATIONS
52 COMM ELECT MODS 74,356 74,356
OTHER BASE
MAINTENANCE
AND SUPPORT
EQUIP
PERSONAL SAFETY
& RESCUE EQUIP
53 NIGHT VISION 20,873 20,873
GOGGLES.
54 ITEMS LESS THAN 14,292 14,292
$5,000,000
(SAFETY).
DEPOT
PLANT+MTRLS
HANDLING EQ
55 MECHANIZED 12,853 12,853
MATERIAL
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
56 BASE PROCURED 4,788 4,788
EQUIPMENT.
57 CONTINGENCY 28,390 28,390
OPERATIONS.
58 PRODUCTIVITY 1,879 1,879
CAPITAL
INVESTMENT.
59 MOBILITY 38,558 38,558
EQUIPMENT.
60 ITEMS LESS THAN 4,989 4,989
$5,000,000
(BASE S).
SPECIAL SUPPORT
PROJECTS
62 DARP RC135..... 23,296 23,296
63 DCGS-AF........ 271,015 271,015
65 SPECIAL UPDATE 489,680 489,680
PROGRAM.
66 DEFENSE SPACE 32,668 32,668
RECONNAISSANCE
PROG..
999 CLASSIFIED 14,258,508 14,258,508
PROGRAMS.
SPARES AND
REPAIR PARTS
70 SPARES AND 19,046 19,046
REPAIR PARTS.
TOTAL, OTHER 17,845,380 31,000 17,876,380
PROCUREMENT,
AIR FORCE.
PROCUREMENT,
DEFENSE-WIDE
MAJOR EQUIPMENT
MAJOR
EQUIPMENT, BTA
1 MAJOR 4,000 4,000
EQUIPMENT, BTA.
MAJOR
EQUIPMENT,
DCAA
2 ITEMS LESS THAN 1,477 1,477
$5 MILLION.
MAJOR
EQUIPMENT,
DCMA
3 MAJOR EQUIPMENT 2,052 2,052
MAJOR
EQUIPMENT,
DHRA
4 PERSONNEL 32,263 32,263
ADMINISTRATION.
MAJOR
EQUIPMENT, DIA
5 DIA SUPPORT TO 0 0
CENTCOM
INTELLIGENCE
ACT.
MAJOR
EQUIPMENT,
DISA
17 INFORMATION 14,625 14,625
SYSTEMS
SECURITY.
18 GLOBAL COMMAND 5,275 5,275
AND CONTROL
SYSTEM.
19 GLOBAL COMBAT 2,803 2,803
SUPPORT SYSTEM.
20 TELEPORT 78,227 78,227
PROGRAM.
21 ITEMS LESS THAN 153,288 153,288
$5 MILLION.
22 NET CENTRIC 4,391 4,391
ENTERPRISE
SERVICES
(NCES).
23 DEFENSE 86,206 86,206
INFORMATION
SYSTEM NETWORK.
24 PUBLIC KEY 1,710 1,710
INFRASTRUCTURE.
25 DRUG 0 0
INTERDICTION
SUPPORT.
26 JOINT COMMAND 0 0
AND CONTROL
PROGRAM.
27 CYBER SECURITY 22,493 22,493
INITIATIVE.
MAJOR
EQUIPMENT, DLA
28 MAJOR EQUIPMENT 4,846 4,846
MAJOR
EQUIPMENT,
DMACT
29 MAJOR EQUIPMENT 4 10,478 4 10,478
MAJOR
EQUIPMENT,
DODEA
30 AUTOMATION/ 1,451 1,451
EDUCATIONAL
SUPPORT &
LOGISTICS.
MAJOR
EQUIPMENT,
DEFENSE THREAT
REDUCTION AGE
31 VEHICLES....... 50 50
32 OTHER MAJOR 12,007 12,007
EQUIPMENT.
MAJOR
EQUIPMENT,
DTSA
33 MAJOR EQUIPMENT 0 0
MAJOR
EQUIPMENT,
MISSILE
DEFENSE AGENCY
34 TERMINAL HIGH 67 858,870 -25,000 67 833,870
ALTITUDE AREA
DEFENSE
FIELDING.
Production [-25,000]
delay.
35 AEGIS FIELDING. 8 94,080 8 94,080
MAJOR
EQUIPMENT,
NATIONAL
GEOSPATIAL
INTEL AG
MAJOR
EQUIPMENT, NSA
45 INFORMATION 2,546 2,546
SYSTEMS
SECURITY
PROGRAM (ISSP).
MAJOR
EQUIPMENT, OSD
50 MAJOR 124,050 124,050
EQUIPMENT, OSD.
51 MAJOR 20,138 20,138
EQUIPMENT,
INTELLIGENCE.
UNDISTRIBUTED
52 MAJOR 0 0
EQUIPMENT,
INTELLIGENCE.
MAJOR
EQUIPMENT, TJS
53 MAJOR 11,526 11,526
EQUIPMENT, TJS.
MAJOR
EQUIPMENT, WHS
54 MAJOR 27,179 27,179
EQUIPMENT, WHS.
999 CLASSIFIED 678,531 678,531
PROGRAMS.
SPECIAL
OPERATIONS
COMMAND
AVIATION
PROGRAMS
55 ROTARY WING 79,840 79,840
UPGRADES AND
SUSTAINMENT.
56 MH-47 SERVICE 107,934 107,934
LIFE EXTENSION
PROGRAM.
57 MH-60 SOF 179,375 179,375
MODERNIZATION
PROGRAM.
58 NON-STANDARD 9 179,949 9 179,949
AVIATION.
59 UNMANNED 0 0
VEHICLES.
60 SOF TANKER 19,996 19,996
RECAPITALIZATI
ON.
61 SOF U-28....... 404 404
62 RQ-11 UAV...... 2,090 2,090
63 CV-22 SOF MOD.. 5 124,035 5 124,035
64 MQ-1 UAS....... 1,948 1,948
65 MQ-9 UAV....... 1,965 1,965
66 STUASL0 UAV.... 12,148 12,148
67 C-130 22,500 22,500
MODIFICATIONS.
68 AIRCRAFT 489 489
SUPPORT.
SHIPBUILDING
69 ADVANCED SEAL 0 0
DELIVERY
SYSTEM (ASDS).
70 MK8 MOD1 SEAL 823 823
DELIVERY
VEHICLE.
AMMUNITION
PROGRAMS
71 SOF ORDNANCE 79,608 79,608
REPLENISHMENT.
72 SOF ORDNANCE 24,215 24,215
ACQUISITION.
OTHER
PROCUREMENT
PROGRAMS
73 COMMUNICATIONS 58,390 28,000 86,390
EQUIPMENT AND
ELECTRONICS.
Special [28,000]
Operations
Force
deployable
nodes.
74 SOF 75,892 75,892
INTELLIGENCE
SYSTEMS.
75 SMALL ARMS AND 30,094 4,600 34,694
WEAPONS.
Enhanced [3,000]
combat
optical
sight.
SOF combat [1,600]
assault
rifle
(SCAR).
76 DCGS-SOF....... 5,225 5,225
77 MARITIME 206 206
EQUIPMENT
MODIFICATIONS.
78 SPEC 0 0
APPLICATION
FOR CONT.
79 SOF COMBATANT 11,706 11,706
CRAFT SYSTEMS.
80 SPARES AND 977 977
REPAIR PARTS.
81 TACTICAL 30,965 55,000 85,965
VEHICLES.
Ground [55,000]
mobility
vehicle
modificati
on kits.
82 MISSION 28,354