[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 111-383
111th Congress
An Act
To authorize appropriations for fiscal year 2011 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Ike Skelton
National Defense Authorization Act for Fiscal Year 2011''.
(b) References.--Any reference in this or any other Act to the
``National Defense Authorization Act for Fiscal Year 2011'' shall be
deemed to refer to the ``Ike Skelton National Defense Authorization Act
for Fiscal Year 2011''.
SEC. 2. <> ORGANIZATION OF ACT INTO
DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Navy Programs
Sec. 111. Multiyear funding for detail design and construction of LHA
Replacement ship designated LHA-7.
Sec. 112. Requirement to maintain Navy airborne signals intelligence,
surveillance, and reconnaissance capabilities.
Sec. 113. Report on naval force structure and missile defense.
Sec. 114. Reports on service-life extension of F/A-18 aircraft by the
Department of the Navy.
Subtitle C--Joint and Multiservice Matters
Sec. 121. Limitations on biometric systems funds.
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Sec. 122. System management plan and matrix for the F-35 Joint Strike
Fighter aircraft program.
Sec. 123. Quarterly reports on use of Combat Mission Requirements funds.
Sec. 124. Counter-improvised explosive device initiatives database.
Sec. 125. Study on lightweight body armor solutions.
Sec. 126. Integration of solid state laser systems into certain
aircraft.
Sec. 127. Contracts for commercial imaging satellite capacities.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Enhancement of Department of Defense support of science,
mathematics, and engineering education.
Sec. 212. Limitation on use of funds by Defense Advanced Research
Projects Agency for operation of National Cyber Range.
Sec. 213. Separate program elements required for research and
development of Joint Light Tactical Vehicle.
Sec. 214. Program for research, development, and deployment of advanced
ground vehicles, ground vehicle systems, and components.
Sec. 215. Demonstration and pilot projects on cybersecurity.
Subtitle C--Missile Defense Programs
Sec. 221. Sense of Congress on ballistic missile defense.
Sec. 222. Repeal of prohibition of certain contracts by Missile Defense
Agency with foreign entities.
Sec. 223. Limitation on availability of funds for missile defense
interceptors in Europe.
Sec. 224. Medium Extended Air Defense System.
Sec. 225. Acquisition accountability reports on the ballistic missile
defense system.
Sec. 226. Authority to support ballistic missile shared early warning
with the Czech Republic.
Sec. 227. Report on phased, adaptive approach to missile defense in
Europe.
Sec. 228. Independent review and assessment of the Ground-Based
Midcourse Defense system.
Sec. 229. Iron Dome short-range rocket defense program.
Subtitle D--Reports
Sec. 231. Report on analysis of alternatives and program requirements
for the Ground Combat Vehicle program.
Sec. 232. Cost benefit analysis of future tank-fired munitions.
Sec. 233. Annual Comptroller General report on the VH-(XX) presidential
helicopter acquisition program.
Subtitle E--Other Matters
Sec. 241. Sense of Congress affirming the importance of Department of
Defense participation in development of next generation
semiconductor technologies.
Sec. 242. Pilot program on collaborative energy security.
Sec. 243. Pilot program to include technology protection features during
research and development of defense systems.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 312. Payment to Environmental Protection Agency of stipulated
penalties in connection with Naval Air Station, Brunswick,
Maine.
Sec. 313. Requirements related to the investigation of exposure to
drinking water at Camp Lejeune, North Carolina.
Sec. 314. Comptroller General assessment on military environmental
exposures.
Subtitle C--Workplace and Depot Issues
Sec. 321. Technical amendments to requirement for service contract
inventory.
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Sec. 322. Repeal of conditions on expansion of functions performed under
prime vendor contracts for depot-level maintenance and
repair.
Sec. 323. Prohibition on establishing goals or quotas for conversion of
functions to performance by Department of Defense civilian
employees.
Subtitle D--Reports
Sec. 331. Additional reporting requirements relating to corrosion
prevention projects and activities.
Sec. 332. Modification and repeal of certain reporting requirements.
Sec. 333. Report on Air Sovereignty Alert mission.
Sec. 334. Report on the SEAD/DEAD mission requirement for the Air Force.
Sec. 335. Requirement to update study on strategic seaports.
Subtitle E--Limitations and Extensions of Authority
Sec. 341. Permanent authority to accept and use landing fees charged for
use of domestic military airfields by civil aircraft.
Sec. 342. Extension of Arsenal Support Program Initiative.
Sec. 343. Limitation on obligation of funds for the Army Human Terrain
System.
Sec. 344. Limitation on obligation of funds pending submission of
classified justification material.
Sec. 345. Requirements for transferring aircraft within the Air Force
inventory.
Sec. 346. Commercial sale of small arms ammunition in excess of military
requirements.
Subtitle F--Other Matters
Sec. 351. Expedited processing of background investigations for certain
individuals.
Sec. 352. Revision to authorities relating to transportation of civilian
passengers and commercial cargoes by Department of Defense
when space unavailable on commercial lines.
Sec. 353. Technical correction to obsolete reference relating to use of
flexible hiring authority to facilitate performance of
certain Department of Defense functions by civilian
employees.
Sec. 354. Authority for payment of full replacement value for loss or
damage to household goods in limited cases not covered by
carrier liability.
Sec. 355. Recovery of improperly disposed of Department of Defense
property.
Sec. 356. Operational readiness models.
Sec. 357. Sense of Congress regarding continued importance of High-
Altitude Aviation Training Site, Colorado.
Sec. 358. Study of effects of new construction of obstructions on
military installations and operations.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2011 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Ages for appointment and mandatory retirement for health
professions officers.
Sec. 502. Authority for appointment of warrant officers in the grade of
W-1 by commission and standardization of warrant officer
appointing authority.
Sec. 503. Nondisclosure of information from discussions, deliberations,
notes, and records of special selection boards.
Sec. 504. Administrative removal of officers from promotion list.
Sec. 505. Modification of authority for officers selected for
appointment to general and flag officer grades to wear
insignia of higher grade before appointment.
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Sec. 506. Temporary authority to reduce minimum length of active service
as a commissioned officer required for voluntary retirement
as an officer.
Subtitle B--Reserve Component Management
Sec. 511. Removal of statutory distribution limits on Navy reserve flag
officer allocation.
Sec. 512. Assignment of Air Force Reserve military technicians (dual
status) to positions outside Air Force Reserve unit program.
Sec. 513. Temporary authority for temporary employment of non-dual
status military technicians.
Sec. 514. Revision of structure and functions of the Reserve Forces
Policy Board.
Sec. 515. Repeal of requirement for new oath when officer transfers from
active-duty list to reserve active-status list.
Sec. 516. Leave of members of the reserve components of the Armed
Forces.
Sec. 517. Direct appointment of graduates of the United States Merchant
Marine Academy into the National Guard.
Subtitle C--Joint Qualified Officers and Requirements
Sec. 521. Technical revisions to definition of joint matters for
purposes of joint officer management.
Sec. 522. Modification of promotion board procedures for joint qualified
officers and officers with Joint Staff experience.
Subtitle D--General Service Authorities
Sec. 531. Extension of temporary authority to order retired members of
the Armed Forces to active duty in high-demand, low-density
assignments.
Sec. 532. Non-chargeable rest and recuperation absence for certain
members undergoing extended deployment to a combat zone.
Sec. 533. Correction of military records.
Sec. 534. Disposition of members found to be fit for duty who are not
suitable for deployment or worldwide assignment for medical
reasons.
Sec. 535. Review of laws, policies, and regulations restricting service
of female members of the Armed Forces.
Subtitle E--Military Justice and Legal Matters
Sec. 541. Continuation of warrant officers on active duty to complete
disciplinary action.
Sec. 542. Enhanced authority to punish contempt in military justice
proceedings.
Sec. 543. Improvements to Department of Defense domestic violence
programs.
Subtitle F--Member Education and Training Opportunities and
Administration
Sec. 551. Enhancements of Department of Defense undergraduate nurse
training program.
Sec. 552. Repayment of education loan repayment benefits.
Sec. 553. Participation of Armed Forces Health Professions Scholarship
and Financial Assistance Program recipients in active duty
health profession loan repayment program.
Sec. 554. Active duty obligation for military academy graduates who
participate in the Armed Forces Health Professions
Scholarship and Financial Assistance program.
Subtitle G--Defense Dependents' Education
Sec. 561. Enrollment of dependents of members of the Armed Forces who
reside in temporary housing in Department of Defense domestic
dependent elementary and secondary schools.
Sec. 562. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 563. Impact aid for children with severe disabilities.
Subtitle H--Decorations and Awards
Sec. 571. Clarification of persons eligible for award of bronze star
medal.
Sec. 572. Authorization and request for award of Distinguished-Service
Cross to Shinyei Matayoshi for acts of valor during World War
II.
Sec. 573. Authorization and request for award of Distinguished-Service
Cross to Jay C. Copley for acts of valor during the Vietnam
War.
Sec. 574. Program to commemorate 60th anniversary of the Korean War.
Subtitle I--Military Family Readiness Matters
Sec. 581. Appointment of additional members of Department of Defense
Military Family Readiness Council.
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Sec. 582. Enhancement of community support for military families with
special needs.
Sec. 583. Modification of Yellow Ribbon Reintegration Program.
Sec. 584. Expansion and continuation of Joint Family Support Assistance
Program.
Sec. 585. Report on military spouse education programs.
Sec. 586. Report on enhancing benefits available for military dependent
children with special education needs.
Sec. 587. Reports on child development centers and financial assistance
for child care for members of the Armed Forces.
Subtitle J--Other Matters
Sec. 591. Authority for members of the Armed Forces and Department of
Defense and Coast Guard civilian employees and their families
to accept gifts from non-Federal entities.
Sec. 592. Increase in number of private sector civilians authorized for
admission to National Defense University.
Sec. 593. Admission of defense industry civilians to attend United
States Air Force Institute of Technology.
Sec. 594. Updated terminology for Army Medical Service Corps.
Sec. 595. Date for submission of annual report on Department of Defense
STARBASE Program.
Sec. 596. Extension of deadline for submission of final report of
Military Leadership Diversity Commission.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Ineligibility of certain Federal civilian employees for
Reservist income replacement payments on account of
availability of comparable benefits under another program.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of
referral bonuses.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Extension of authority to provide travel and transportation
allowances for inactive duty training outside of normal
commuting distances.
Sec. 622. Travel and transportation allowances for attendance at Yellow
Ribbon Reintegration events.
Subtitle D--Disability, Retired Pay and Survivor Benefits
Sec. 631. Elimination of cap on retired pay multiplier for members with
greater than 30 years of service who retire for disability.
Sec. 632. Payment date for retired and retainer pay.
Sec. 633. Clarification of effect of ordering reserve component member
to active duty to receive authorized medical care on reducing
eligibility age for receipt of non-regular service retired
pay.
Sec. 634. Conformity of special compensation for members with injuries
or illnesses requiring assistance in everyday living with
monthly personal caregiver stipend under Department of
Veterans Affairs program of comprehensive assistance for
family caregivers.
Sec. 635. Sense of Congress concerning age and service requirements for
retired pay for non-regular service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 641. Addition of definition of morale, welfare, and recreation
telephone services for use in contracts to provide such
services for military personnel serving in combat zones.
Sec. 642. Feasibility study on establishment of full exchange store in
the Northern Mariana Islands.
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Sec. 643. Continuation of commissary and exchange operations at
Brunswick Naval Air Station, Maine.
Subtitle F--Other Matters
Sec. 651. Report on basic allowance for housing for personnel assigned
to sea duty.
Sec. 652. Report on savings from enhanced management of special pay for
aviation career officers extending period of active duty.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Extension of prohibition on increases in certain health care
costs.
Sec. 702. Extension of dependent coverage under the TRICARE program.
Sec. 703. Survivor dental benefits.
Sec. 704. Aural screenings for members of the Armed Forces.
Sec. 705. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Subtitle B--Health Care Administration
Sec. 711. Administration of TRICARE.
Sec. 712. Postdeployment health reassessments for purposes of the
medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 713. Clarification of licensure requirements applicable to military
health-care professionals who are members of the National
Guard performing certain duty while in State status.
Sec. 714. Improvements to oversight of medical training for Medical
Corps officers.
Sec. 715. Health information technology.
Sec. 716. Education and training on use of pharmaceuticals in
rehabilitation programs for wounded warriors.
Subtitle C--Other Matters
Sec. 721. Repeal of report requirement on separations resulting from
refusal to participate in anthrax vaccine immunization
program.
Sec. 722. Comprehensive policy on consistent neurological cognitive
assessments of members of the Armed Forces before and after
deployment.
Sec. 723. Assessment of post-traumatic stress disorder by military
occupation.
Sec. 724. Licensed mental health counselors and the TRICARE program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Disclosure to litigation support contractors.
Sec. 802. Designation of engine development and procurement program as
major subprogram.
Sec. 803. Enhancement of Department of Defense authority to respond to
combat and safety emergencies through rapid acquisition and
deployment of urgently needed supplies.
Sec. 804. Review of acquisition process for rapid fielding of
capabilities in response to urgent operational needs.
Sec. 805. Acquisition of major automated information system programs.
Sec. 806. Requirements for information relating to supply chain risk.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Cost estimates for program baselines and contract negotiations
for major defense acquisition and major automated information
system programs.
Sec. 812. Management of manufacturing risk in major defense acquisition
programs.
Sec. 813. Modification and extension of requirements of the Weapon
System Acquisition Reform Act of 2009.
Sec. 814. Inclusion of major subprograms to major defense acquisition
programs under various acquisition-related requirements.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Provisions relating to fire resistant fiber for production of
military uniforms.
Sec. 822. Repeal of requirement for certain procurements from firms in
the small arms production industrial base.
Sec. 823. Review of regulatory definition relating to production of
specialty metals.
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Sec. 824. Guidance relating to rights in technical data.
Sec. 825. Extension of sunset date for certain protests of task and
delivery order contracts.
Sec. 826. Inclusion of option amounts in limitations on authority of the
Department of Defense to carry out certain prototype
projects.
Sec. 827. Permanent authority for Defense Acquisition Challenge Program;
pilot expansion of Program.
Sec. 828. Energy savings performance contracts.
Sec. 829. Definition of materials critical to national security.
Subtitle D--Contractor Matters
Sec. 831. Oversight and accountability of contractors performing private
security functions in areas of combat operations.
Sec. 832. Extension of regulations on contractors performing private
security functions to areas of other significant military
operations.
Sec. 833. Standards and certification for private security contractors.
Sec. 834. Enhancements of authority of Secretary of Defense to reduce or
deny award fees to companies found to jeopardize the health
or safety of Government personnel.
Sec. 835. Annual joint report and Comptroller General review on
contracting in Iraq and Afghanistan.
Subtitle E--Other Matters
Sec. 841. Improvements to structure and functioning of Joint
Requirements Oversight Council.
Sec. 842. Department of Defense policy on acquisition and performance of
sustainable products and services.
Sec. 843. Assessment and plan for critical rare earth materials in
defense applications.
Sec. 844. Review of national security exception to competition.
Sec. 845. Requirement for entities with facility clearances that are not
under foreign ownership control or influence mitigation.
Sec. 846. Procurement of photovoltaic devices.
Sec. 847. Non-availability exception from Buy American requirements for
procurement of hand or measuring tools.
Sec. 848. Contractor logistics support of contingency operations.
Subtitle F--Improve Acquisition Act
Sec. 860. Short title.
Part I--Defense Acquisition System
Sec. 861. Improvements to the management of the defense acquisition
system.
Sec. 862. Comptroller General report on Joint Capabilities Integration
and Development System.
Sec. 863. Requirements for the acquisition of services.
Sec. 864. Review of defense acquisition guidance.
Sec. 865. Requirement to review references to services acquisition
throughout the Federal Acquisition Regulation and the Defense
Federal Acquisition Regulation Supplement.
Sec. 866. Pilot program on acquisition of military purpose
nondevelopmental items.
Part II--Defense Acquisition Workforce
Sec. 871. Acquisition workforce excellence.
Sec. 872. Amendments to the acquisition workforce demonstration project.
Sec. 873. Career development for civilian and military personnel in the
acquisition workforce.
Sec. 874. Recertification and training requirements.
Sec. 875. Information technology acquisition workforce.
Sec. 876. Definition of acquisition workforce.
Sec. 877. Defense Acquisition University curriculum review.
Part III--Financial Management
Sec. 881. Audit readiness of financial statements of the Department of
Defense.
Sec. 882. Review of obligation and expenditure thresholds.
Sec. 883. Disclosure and traceability of the cost of Department of
Defense health care contracts.
Part IV--Industrial Base
Sec. 891. Expansion of the industrial base.
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Sec. 892. Price trend analysis for supplies and equipment purchased by
the Department of Defense.
Sec. 893. Contractor business systems.
Sec. 894. Review and recommendations on eliminating barriers to
contracting with the Department of Defense.
Sec. 895. Inclusion of the providers of services and information
technology in the national technology and industrial base.
Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy; Industrial Base Fund.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Reorganization of Office of the Secretary of Defense to carry
out reduction required by law in number of Deputy Under
Secretaries of Defense.
Subtitle B--Space Activities
Sec. 911. Integrated space architectures.
Sec. 912. Limitation on use of funds for costs of terminating contracts
under the National Polar-Orbiting Operational Environmental
Satellite System Program.
Sec. 913. Limitation on use of funds for purchasing Global Positioning
System user equipment.
Sec. 914. Plan for integration of space-based nuclear detection sensors.
Sec. 915. Preservation of the solid rocket motor industrial base.
Sec. 916. Implementation plan to sustain solid rocket motor industrial
base.
Sec. 917. Review and plan on sustainment of liquid rocket propulsion
systems industrial base.
Subtitle C--Intelligence-Related Matters
Sec. 921. Five-year extension of authority for Secretary of Defense to
engage in commercial activities as security for intelligence
collection activities.
Sec. 922. Modification of attendees at proceedings of Intelligence,
Surveillance, and Reconnaissance Integration Council.
Sec. 923. Report on Department of Defense interservice management and
coordination of remotely piloted aircraft support of
intelligence, surveillance, and reconnaissance.
Sec. 924. Report on requirements fulfillment and personnel management
relating to Air Force intelligence, surveillance, and
reconnaissance provided by remotely piloted aircraft.
Subtitle D--Cyber Warfare, Cyber Security, and Related Matters
Sec. 931. Continuous monitoring of Department of Defense information
systems for cybersecurity.
Sec. 932. Strategy on computer software assurance.
Sec. 933. Strategy for acquisition and oversight of Department of
Defense cyber warfare capabilities.
Sec. 934. Report on the cyber warfare policy of the Department of
Defense.
Sec. 935. Reports on Department of Defense progress in defending the
Department and the defense industrial base from cyber events.
Subtitle E--Other Matters
Sec. 941. Two-year extension of authorities relating to temporary waiver
of reimbursement of costs of activities for nongovernmental
personnel at Department of Defense Regional Centers for
Security Studies.
Sec. 942. Additional requirements for quadrennial roles and missions
review in 2011.
Sec. 943. Report on organizational structure and policy guidance of the
Department of Defense regarding information operations.
Sec. 944. Report on organizational structures of the geographic
combatant command headquarters.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional appropriations for operations in
Afghanistan, Iraq, and Haiti for fiscal year 2010.
Sec. 1003. Budgetary effects of this Act.
Subtitle B--Counter-Drug Activities
Sec. 1011. Unified counter-drug and counterterrorism campaign in
Colombia.
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Sec. 1012. Extension and modification of joint task forces support to
law enforcement agencies conducting counter-terrorism
activities.
Sec. 1013. Reporting requirement on expenditures to support foreign
counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign
governments.
Sec. 1015. Notice to Congress on military construction projects for
facilities of the Department of Defense and foreign law
enforcement agencies for counter-drug activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Extension of authority for reimbursement of expenses for
certain Navy mess operations.
Sec. 1022. Expressing the sense of Congress regarding the naming of a
naval combat vessel after Father Vincent Capodanno.
Sec. 1023. Requirements for long-range plan for construction of naval
vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of certain authority for making rewards for
combating terrorism.
Sec. 1032. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1033. Certification requirements relating to the transfer of
individuals detained at Naval Station, Guantanamo Bay, Cuba,
to foreign countries and other foreign entities.
Sec. 1034. Prohibition on the use of funds to modify or construct
facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1035. Comprehensive review of force protection policies.
Subtitle E--Homeland Defense and Civil Support
Sec. 1041. Limitation on deactivation of existing Consequence Management
Response Forces.
Subtitle F--Studies and Reports
Sec. 1051. Interagency national security knowledge and skills.
Sec. 1052. Report on establishing a Northeast Regional Joint Training
Center.
Sec. 1053. Comptroller General report on previously requested reports.
Sec. 1054. Biennial report on nuclear triad.
Sec. 1055. Comptroller General study on common alignment of world
regions in departments and agencies with international
responsibilities.
Sec. 1056. Required reports concerning bomber modernization,
sustainment, and recapitalization efforts in support of the
national defense strategy.
Sec. 1057. Comptroller General study and recommendations regarding
security of southern land border of the United States.
Subtitle G--Miscellaneous Authorities and Limitations
Sec. 1061. Public availability of Department of Defense reports required
by law.
Sec. 1062. Prohibition on infringing on the individual right to lawfully
acquire, possess, own, carry, and otherwise use privately
owned firearms, ammunition, and other weapons.
Sec. 1063. Development of criteria and methodology for determining the
safety and security of nuclear weapons.
Subtitle H--Other Matters
Sec. 1071. National Defense Panel.
Sec. 1072. Sale of surplus military equipment to State and local
homeland security and emergency management agencies.
Sec. 1073. Defense research and development rapid innovation program.
Sec. 1074. Authority to make excess nonlethal supplies available for
domestic emergency assistance.
Sec. 1075. Technical and clerical amendments.
Sec. 1076. Study on optimal balance of manned and remotely piloted
aircraft.
Sec. 1077. Treatment of successor contingency operation to Operation
Iraqi Freedom.
Sec. 1078. Program to assess the utility of non-lethal weapons.
Sec. 1079. Sense of Congress on strategic nuclear force reductions.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Clarification of authorities at personnel demonstration
laboratories.
Sec. 1102. Requirements for Department of Defense senior mentors.
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Sec. 1103. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1104. Extension and modification of enhanced Department of Defense
appointment and compensation authority for personnel for care
and treatment of wounded and injured members of the Armed
Forces.
Sec. 1105. Rate of overtime pay for Department of the Navy employees
performing work aboard or dockside in support of the nuclear
aircraft carrier forward deployed in Japan.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Expansion of authority for support of special operations to
combat terrorism.
Sec. 1202. Addition of allied government agencies to enhanced logistics
interoperability authority.
Sec. 1203. Expansion of temporary authority to use acquisition and
cross-servicing agreements to lend certain military equipment
to certain foreign forces for personnel protection and
survivability.
Sec. 1204. Authority to pay personnel expenses in connection with
African cooperation.
Sec. 1205. Authority to build the capacity of Yemen Ministry of Interior
Counter Terrorism Forces.
Sec. 1206. Air Force scholarships for Partnership for Peace nations to
participate in the Euro-NATO Joint Jet Pilot Training
program.
Sec. 1207. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. One-year extension and modification of Commanders' Emergency
Response Program.
Sec. 1213. Extension of authority for reimbursement of certain coalition
nations for support provided to United States military
operations.
Sec. 1214. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Iraq and Afghanistan.
Sec. 1215. No permanent military bases in Afghanistan.
Sec. 1216. Authority to use funds for reintegration activities in
Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out
infrastructure projects in Afghanistan.
Sec. 1218. Extension of logistical support for coalition forces
supporting operations in Iraq and Afghanistan.
Sec. 1219. Recommendations on oversight of contractors engaged in
activities relating to Afghanistan.
Sec. 1220. Extension and modification of Pakistan Counterinsurgency
Fund.
Subtitle C--Reports and Other Matters
Sec. 1231. One-year extension of report on progress toward security and
stability in Afghanistan.
Sec. 1232. Two-year extension of United States plan for sustaining the
Afghanistan National Security Forces.
Sec. 1233. Modification of report on responsible redeployment of United
States Armed Forces from Iraq.
Sec. 1234. Report on Department of Defense support for coalition
operations.
Sec. 1235. Reports on police training programs.
Sec. 1236. Report on certain Iraqis affiliated with the United States.
Sec. 1237. Report on Department of Defense's plans to reform the export
control system.
Sec. 1238. Report on United States efforts to defend against threats
posed by the anti-access and area-denial capabilities of
certain nation-states.
Sec. 1239. Defense Science Board report on Department of Defense
strategy to counter violent extremism outside the United
States.
Sec. 1240. Report on merits of an Incidents at Sea agreement between the
United States, Iran, and certain other countries.
Sec. 1241. Requirement to monitor and evaluate Department of Defense
activities to counter violent extremism in Africa.
Sec. 1242. NATO Special Operations Headquarters.
Sec. 1243. National Military Strategy to Counter Iran and required
briefings.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
[[Page 4147]]
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet Union.
Sec. 1304. Plan for nonproliferation, proliferation prevention, and
threat reduction activities with the People's Republic of
China.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Study on working capital fund cash balances.
Sec. 1403. Modification of certain working capital fund requirements.
Sec. 1404. Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund.
Sec. 1405. National Defense Sealift Fund.
Sec. 1406. Chemical Agents and Munitions Destruction, Defense.
Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1408. Defense Inspector General.
Sec. 1409. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Subtitle C--Chemical Demilitarization Matters
Sec. 1421. Consolidation and reorganization of statutory authority for
destruction of United States stockpile of lethal chemical
agents and munitions.
Subtitle D--Other Matters
Sec. 1431. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1432. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. National Guard and Reserve equipment.
Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Military personnel.
Sec. 1512. Working capital funds.
Sec. 1513. Defense Health Program.
Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1515. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations and Other Matters
Sec. 1531. Limitations on availability of funds in Afghanistan Security
Forces Fund.
Sec. 1532. Limitations on availability of funds in Iraq Security Forces
Fund.
Sec. 1533. Continuation of prohibition on use of United States funds for
certain facilities projects in Iraq.
Sec. 1534. Joint Improvised Explosive Device Defeat Fund.
Sec. 1535. Task Force for Business and Stability Operations in
Afghanistan and economic transition plan and economic
strategy for Afghanistan.
TITLE XVI--IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED
FORCES
Sec. 1601. Definition of Department of Defense sexual assault prevention
and response program and other definitions.
[[Page 4148]]
Sec. 1602. Comprehensive Department of Defense policy on sexual assault
prevention and response program.
Subtitle A--Organizational Structure and Application of Sexual Assault
Prevention and Response Program Elements
Sec. 1611. Sexual Assault Prevention and Response Office.
Sec. 1612. Oversight and evaluation standards.
Sec. 1613. Report and plan for completion of acquisition of centralized
Department of Defense sexual assault database.
Sec. 1614. Restricted reporting of sexual assaults.
Subtitle B--Improved and Expanded Availability of Services
Sec. 1621. Improved protocols for providing medical care for victims of
sexual assault.
Sec. 1622. Sexual assault victims access to Victim Advocate services.
Subtitle C--Reporting Requirements
Sec. 1631. Annual report regarding sexual assaults involving members of
the Armed Forces and improvement to sexual assault prevention
and response program.
Sec. 1632. Additional reports.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Funding tables.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Use of unobligated Army military construction funds in
conjunction with funds provided by the Commonwealth of
Virginia to carry out certain fiscal year 2002 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2107. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2108. Extension of authorizations of certain fiscal year 2008
projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Technical amendment to reflect multi-increment fiscal year
2010 project.
Sec. 2206. Extension of authorization of certain fiscal year 2008
project.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorization of certain fiscal year 2007
project.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2010 projects.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
2000 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
[[Page 4149]]
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2008
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 1990.
Sec. 2702. Authorized base realignment and closure activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 2005.
Sec. 2704. Transportation plan for BRAC 133 project under Fort Belvoir,
Virginia, BRAC initiative.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Availability of military construction information on
Internet.
Sec. 2802. Use of Pentagon Reservation Maintenance Revolving Fund for
construction or alteration at Pentagon Reservation.
Sec. 2803. Reduced reporting time limits for certain military
construction and real property reports when submitted in
electronic media.
Sec. 2804. Authority to use operation and maintenance funds for
construction projects inside the United States Central
Command area of responsibility.
Sec. 2805. Sense of Congress and report regarding employment of veterans
to work on military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Notice-and-wait requirements applicable to real property
transactions.
Sec. 2812. Treatment of proceeds generated from leases of non-excess
property involving military museums.
Sec. 2813. Limitation on enhanced use leases of non-excess property.
Sec. 2814. Repeal of expired authority to lease land for special
operations activities.
Sec. 2815. Former Naval Bombardment Area, Culebra Island, Puerto Rico.
Subtitle C--Provisions Related to Guam Realignment
Sec. 2821. Extension of term of Deputy Secretary of Defense's leadership
of Guam Oversight Council.
Sec. 2822. Utility conveyances to support integrated water and
wastewater treatment system on Guam.
Sec. 2823. Report on types of facilities required to support Guam
realignment.
Sec. 2824. Report on civilian infrastructure needs for Guam.
Subtitle D--Energy Security
Sec. 2831. Consideration of environmentally sustainable practices in
Department energy performance plan.
Sec. 2832. Enhancement of energy security activities of the Department
of Defense.
Subtitle E--Land Conveyances
Sec. 2841. Land conveyance, Defense Fuel Support Point (DFSP) Whittier,
Alaska.
Sec. 2842. Land conveyance, Fort Knox, Kentucky.
Sec. 2843. Land conveyance, Naval Support Activity (West Bank), New
Orleans, Louisiana.
Sec. 2844. Land conveyance, former Navy Extremely Low Frequency
communications project site, Republic, Michigan.
Sec. 2845. Land conveyance, Marine Forces Reserve Center, Wilmington,
North Carolina.
Subtitle F--Other Matters
Sec. 2851. Limitation on availability of funds pending report regarding
construction of a new outlying landing field in North
Carolina and Virginia.
[[Page 4150]]
Sec. 2852. Requirements related to providing world class military
medical centers.
Sec. 2853. Report on fuel infrastructure sustainment, restoration, and
modernization requirements.
Sec. 2854. Naming of Armed Forces Reserve Center, Middletown,
Connecticut.
Sec. 2855. Sense of Congress on proposed extension of the Alaska
Railroad corridor across Federal land in Alaska.
Sec. 2856. Sense of Congress on improving military housing for members
of the Air Force.
Sec. 2857. Sense of Congress regarding recreational hunting and fishing
on military installations.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
project.
Sec. 2903. Authorized Defense Wide Construction and Land Acquisition
Projects and Authorization of Appropriations.
TITLE XXX--MILITARY CONSTRUCTION FUNDING TABLES
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Aircraft procurement.
Sec. 3112. Biennial plan on modernization and refurbishment of the
nuclear security complex.
Sec. 3113. Comptroller General assessment of adequacy of budget requests
with respect to the modernization and refurbishment of the
nuclear weapons stockpile.
Sec. 3114. Notification of cost overruns for certain Department of
Energy projects.
Sec. 3115. Establishment of cooperative research and development
centers.
Sec. 3116. Future-years defense environmental management plan.
Sec. 3117. Extension of authority of Secretary of Energy for appointment
of certain scientific, engineering, and technical personnel.
Sec. 3118. Extension of authority of Secretary of Energy to enter into
transactions to carry out certain research projects.
Sec. 3119. Extension of authority relating to the International
Materials Protection, Control, and Accounting Program of the
Department of Energy.
Sec. 3120. Extension of deadline for transfer of parcels of land to be
conveyed to Los Alamos County, New Mexico, and held in trust
for the Pueblo of San Ildefonso.
Sec. 3121. Repeal of sunset provision for modification of minor
construction threshold for plant projects.
Sec. 3122. Enhancing private-sector employment through cooperative
research and development activities.
Sec. 3123. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet Union.
Sec. 3124. Department of Energy energy parks program.
Subtitle C--Reports
Sec. 3131. Report on graded security protection policy.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the merchant marine for fiscal year 2011.
[[Page 4151]]
Sec. 3502. Extension of Maritime Security Fleet program.
Sec. 3503. United States Merchant Marine Academy nominations of
residents of the Northern Mariana Islands.
Sec. 3504. Research authority.
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. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Navy Programs
Sec. 111. Multiyear funding for detail design and construction of LHA
Replacement ship designated LHA-7.
Sec. 112. Requirement to maintain Navy airborne signals intelligence,
surveillance, and reconnaissance capabilities.
Sec. 113. Report on naval force structure and missile defense.
Sec. 114. Reports on service-life extension of F/A-18 aircraft by the
Department of the Navy.
Subtitle C--Joint and Multiservice Matters
Sec. 121. Limitations on biometric systems funds.
Sec. 122. System management plan and matrix for the F-35 Joint Strike
Fighter aircraft program.
Sec. 123. Quarterly reports on use of Combat Mission Requirements funds.
Sec. 124. Counter-improvised explosive device initiatives database.
Sec. 125. Study on lightweight body armor solutions.
Sec. 126. Integration of solid state laser systems into certain
aircraft.
Sec. 127. Contracts for commercial imaging satellite capacities.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement for the Army as follows:
(1) For aircraft, $5,908,384,000.
(2) For missiles, $1,670,463,000.
(3) For weapons and tracked combat vehicles, $1,656,263,000.
(4) For ammunition, $1,953,194,000.
(5) For other procurement, $9,758,965,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal
year 2011 for procurement for the Navy as follows:
(1) For aircraft, $18,877,139,000.
(2) For weapons, including missiles and torpedoes,
$3,358,264,000.
[[Page 4152]]
(3) For shipbuilding and conversion, $15,724,520,000.
(4) For other procurement, $6,381,815,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2011 for procurement for the Marine Corps in the amount
of $1,296,838,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2011 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $817,991,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2011
for procurement for the Air Force as follows:
(1) For aircraft, $14,668,408,000.
(2) For ammunition, $672,420,000.
(3) For missiles, $5,444,464,000.
(4) For other procurement, $17,845,342,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2011
for Defense-wide procurement in the amount of $4,398,168,000.
Subtitle B--Navy Programs
SEC. 111. MULTIYEAR FUNDING FOR DETAIL DESIGN AND CONSTRUCTION OF
LHA REPLACEMENT SHIP DESIGNATED LHA-7.
(a) Authority to Use Multiple Years of Funding.--The Secretary of
the Navy may enter into a contract for detail design and construction of
the LHA Replacement ship designated LHA-7 that provides that, subject to
subsection (b), funds for payments under the contract may be provided
from amounts authorized to be appropriated for the Department of Defense
for Shipbuilding and Conversion, Navy, for fiscal years 2011 and 2012.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2011 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 112. REQUIREMENT TO MAINTAIN NAVY AIRBORNE SIGNALS
INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE CAPABILITIES.
(a) Findings.--Congress finds the following:
(1) The Navy terminated the EP-X program to acquire a new
land-based airborne signals intelligence capability because of
escalating costs and funds budgeted for the program were re-
allocated to other priorities.
(2) The Navy took this action without planning and budgeting
for alternative means to meet operational requirements for
tactical-level and theater-level signals intelligence
capabilities to support the combatant commands and national
intelligence consumers.
(3) The principal Navy airborne signals intelligence
capability today is the EP-3E Airborne Reconnaissance Integrated
Electronic System II (ARIES II)--the aircraft and associated
electronic equipment of this system are aging and will require
[[Page 4153]]
replacement or substantial ongoing upgrades to continue to meet
requirements.
(4) The Special Projects Aircraft (SPA) platform of the Navy
is the second critical element in the airborne signals
intelligence capability of the Navy and provides the Navy its
most advanced, comprehensive multi-intelligence and quick-
reaction capability available.
(b) Requirement To Maintain Capabilities.--
(1) Prohibition on retirement of platforms.--The Secretary
of the Navy may not retire (or to prepare to retire) the EP-3E
Airborne Reconnaissance Integrated Electronic System II or
Special Projects Aircraft platform.
(2) Maintenance of platforms.--The Secretary of the Navy
shall continue to maintain, sustain, and upgrade the EP-3E
Airborne Reconnaissance Integrated Electronic System II and
Special Projects Aircraft platforms in order to provide
capabilities necessary to operate effectively against rapidly
evolving threats and to meet combatant commander operational
intelligence, surveillance, and reconnaissance requirements.
(3) <> Certification.--Not later than
February 1, 2011, and annually thereafter, the Under Secretary
of Defense for Intelligence and the Vice Chairman of the Joint
Chiefs of Staff shall jointly certify to Congress the following:
(A) The Secretary of the Navy is maintaining and
sustaining the EP-3E Airborne Reconnaissance Integrated
Electronic System II and Special Projects Aircraft
platform in a manner that meets the intelligence,
surveillance, and reconnaissance requirements of the
commanders of the combatant commands.
(B) Any plan for the retirement or replacement of
the EP-3E Airborne Reconnaissance Integrated Electronic
System II or Special Projects Aircraft platform will
provide, in the aggregate, an equivalent or superior
capability and capacity to the platform concerned.
(4) Termination.--The requirements of this subsection with
respect to the EP-3E Airborne Reconnaissance Integrated
Electronic System II or the Special Projects Aircraft platform
shall expire on the commencement of the fielding by the Navy of
a platform or mix of platforms and sensors that are, in the
aggregate, equivalent or superior to the EP-3E Airborne
Reconnaissance Integrated Electronic System II (spiral 3) or the
Special Projects Aircraft (P909) platform.
(c) Restriction on Transfer of Saber Focus Program ISR
Capabilities.--
(1) <> Restriction.--The
Secretary of the Navy may not transfer the Saber Focus unmanned
aerial system, associated equipment, or processing,
exploitation, and dissemination capabilities of the Saber Focus
program to the Secretary of the Air Force until 30 days after
the Secretary of the Air Force certifies to the congressional
defense committees that after such a transfer, the Secretary of
the Air Force will provide intelligence, surveillance, and
reconnaissance (hereinafter in this section referred to as
``ISR'') capabilities at the same or greater capability and
capacity level as the capability or capacity level at which the
Saber Focus program provides such capabilities to the area of
operations concerned as of the date of the enactment of this
Act.
[[Page 4154]]
(2) Continued navy provision of capabilities.--The Secretary
of the Navy shall continue to provide Saber Focus ISR program
capabilities at the same or greater capability and capacity
level as the capability or capacity level at which the Saber
Focus program provides such capabilities as of the date of the
enactment of this Act to the area of operations concerned
until--
(A) <> the certification
referred to in paragraph (1) is provided to the
congressional defense committees; or
(B) <> 30 days
after the Secretary of Defense certifies to the
congressional defense committees that the ISR
capabilities of the Saber Focus program are no longer
required to mitigate the ISR requirements of the
combatant commander in the area of operations concerned.
SEC. 113. REPORT ON NAVAL FORCE STRUCTURE AND MISSILE DEFENSE.
(a) Report.--Not later than March 31, 2011, the Secretary of
Defense, in coordination with the Secretary of the Navy and the Chief of
Naval Operations, shall submit to the congressional defense committees a
report on the force structure requirements of the major combatant
surface vessels with respect to ballistic missile defense.
(b) Matters Included.--The report shall include the following:
(1) An analysis of whether the requirement for sea-based
missile defense can be accommodated by upgrading Aegis ships
that exist as of the date of the report or by procuring
additional combatant surface vessels.
(2) A discussion of whether such sea-based missile defense
will require increasing the overall number of combatant surface
vessels beyond the requirement of 88 cruisers and destroyers in
the 313-ship fleet plan of the Navy.
(3) A discussion of the process for determining the number
of Aegis ships needed by each commander of the combatant
commands to fulfill ballistic missile defense requirements,
including (in consultation with the Chairman of the Joints
Chiefs of Staff) the number of such ships needed to support the
phased, adaptive approach to ballistic missile defense in
Europe.
(4) A discussion of the impact of Aegis Ashore missile
defense deployments, as well as deployment of other elements of
the ballistic missile defense system, on Aegis ballistic missile
defense ship force structure requirements.
(5) A discussion of the potential effect of ballistic
missile defense operations on the ability of the Navy to meet
surface fleet demands in each geographic area and for each
mission set.
(6) An evaluation of how the Aegis ballistic missile defense
program can succeed as part of a balanced fleet of adequate size
and strength to meet the security needs of the United States.
(7) A description of both the shortfalls and the benefits of
expected technological advancements in the sea-based missile
defense program.
(8) A description of the anticipated plan for deployment of
Aegis ballistic missile defense ships within the context of the
fleet response plan.
[[Page 4155]]
SEC. 114. REPORTS ON SERVICE-LIFE EXTENSION OF F/A-18 AIRCRAFT BY
THE DEPARTMENT OF THE NAVY.
(a) Cost-benefit Analysis of Service Life Extension of F/A-18
Aircraft.--Before the Secretary of the Navy may enter into a program to
extend the service life of F/A-18 aircraft beyond 8,600 hours, the
Secretary shall--
(1) conduct a cost-benefit analysis, in accordance with
Office of Management and Budget Circular A-94, comparing
extending the service life of existing F/A-18 aircraft with
procuring additional F/A-18E or F/A-18F aircraft as a means of
managing the shortfall of the Department of the Navy in strike
fighter aircraft; and
(2) submit to the congressional defense committees a report
on such cost-benefit analysis.
(b) Elements of Cost-benefit Analysis.--The cost-benefit analysis
required by subsection (a)(1) shall include the following:
(1) An estimate of the full costs, over the period covered
by the future-years defense program submitted to Congress under
section 221 of title 10, United States Code, with the budget of
the President, of extending legacy F/A-18 aircraft beyond 8,600
hours, including--
(A) any increases in operation and maintenance costs
associated with operating such aircraft beyond a service
life of 8,600 hours; and
(B) the costs with respect to the airframe,
avionics, software, and aircraft subsystems and
components required to remain relevant in countering
future threats and meeting the warfighting requirements
of the commanders of the combatant commands.
(2) An estimate of the full costs, over the period covered
by such future-years defense program, of procuring such
additional F/A-18E or F/A-18F aircraft as would be required to
meet the strike fighter requirements of the Department of the
Navy in the event the service life of legacy F/A-18 aircraft is
not extended beyond 8,600 hours.
(3) An assessment of risks associated with extending the
service life of legacy F/A-18 aircraft beyond 8,600 hours,
including the level of certainty that the Secretary will be able
to achieve such an extension.
(4) An estimate of the cost-per-flight hour incurred in
operating legacy F/A-18 aircraft with a service life extended
beyond 8,600 hours.
(5) An estimate of the cost-per-flight hour incurred for
operating new F/A-18E or FA-18F aircraft.
(6) An assessment of any alternatives to extending the
service life of legacy F/A-18 aircraft beyond 8,600 hours or
buying additional F/A-18E or F/A-18F aircraft that may be
available to the Secretary to manage the shortfall of the
Department of the Navy in strike fighter aircraft.
(c) Additional Elements of Report.--In addition to the information
required in the cost-benefit analysis under subsection (b), the report
under subsection (a)(2) shall include an assessment of the following:
(1) Differences in capabilities of--
(A) legacy F/A-18 aircraft that have undergone
service-life extension;
(B) F/A-18E or F/A-18F aircraft; and
[[Page 4156]]
(C) F-35C aircraft.
(2) Differences in capabilities that would result under the
legacy F/A-18 aircraft service-life extension program if such
program would--
(A) provide only airframe-life extensions to the
legacy F/A-18 aircraft fleet; and
(B) provide for airframe-life extensions and
capability upgrades to the legacy F/A-18 aircraft fleet.
(3) Any disruption that procuring additional F/A-18E or F/A-
18F aircraft, rather than extending the service life of legacy
F/A-18 aircraft beyond 8,600 hours, would have on the plan of
the Navy to procure operational carrier-variant Joint Strike
Fighter aircraft.
(4) Any changes that procuring additional F/A-18E or FA-18F
aircraft, rather than extending the service life of legacy F/A-
18 aircraft beyond 8600 hours, would have on the force structure
or force mix intended by the Navy for its carrier air wings.
(5) Any other operational implication of extending (or not
extending) the service life of legacy F/A-18 aircraft that the
Secretary considers appropriate.
(d) Report On Operational F/A-18 Aircraft Squadrons.--Before
reducing the number of F/A-18 aircraft in an operational squadron of the
Navy or Marine Corps, the Secretary shall submit to the congressional
defense committees a report that discusses the operational risks and
impacts of reducing the squadron size. The report shall include an
assessment of the following:
(1) The effect of the reduction on the operational
capability and readiness of the Navy and the Marine Corps to
conduct overseas contingency operations.
(2) The effect of the reduction on the capability of the
Navy and the Marine Corps to meet ongoing operational demands.
(3) Any mechanisms the Secretary intends to use to mitigate
any risks associated with the squadron size reduction.
(4) The effect of the reduction on pilots and ground support
crews of F/A-18 aircraft, in terms of training, readiness, and
war fighting capabilities.
(e) Report On F/A-18 Aircraft Training Squadrons.--Before reducing
the size of an F/A-18 aircraft training squadron, or transferring an F/
A-18 training aircraft for operational needs, the Secretary shall submit
to the congressional defense committees a report that describes--
(1) any risks to sustaining required training of F/A-18
aircraft pilots with a reduced training aircraft base; and
(2) any actions the Navy is taking to mitigate the risks
described under paragraph (1).
Subtitle C--Joint and Multiservice Matters
SEC. 121. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2011 for biometrics programs and
operations, not more than 85 percent may be obligated or expended
until--
[[Page 4157]]
(1) <> the Secretary of Defense submits to
the congressional defense committees a report on the actions
taken and planned to be taken--
(A) to implement subparagraphs (A) through (F) of
paragraph (16) of the National Security Presidential
Directive dated June 5, 2008 (NSPD-59);
(B) to implement the recommendations of the
Comptroller General of the United States included in the
report of the Comptroller General numbered GAO-08-1065
dated September 2008;
(C) to implement the recommendations of the
Comptroller General included in the report of the
Comptroller General numbered GAO-09-49 dated October
2008;
(D) to fully and completely characterize the current
biometrics architecture and establish the objective
architecture for the Department of Defense;
(E) to ensure that an official of the Office of the
Secretary of Defense has the authority necessary to be
responsible for ensuring that all funding for biometrics
programs and operations is programmed, budgeted, and
executed; and
(F) to ensure that an officer within the Office of
the Joint Chiefs of Staff has the authority necessary to
be responsible for ensuring the development and
implementation of common and interoperable standards for
the collection, storage, and use of biometrics data by
all commanders of the combatant commands and their
commands; and
(2) a period of 30 days has elapsed after the date on which
the report is submitted under paragraph (1).
SEC. 122. SYSTEM MANAGEMENT PLAN AND MATRIX FOR THE F-35 JOINT
STRIKE FIGHTER AIRCRAFT PROGRAM.
(a) System Management Plan.--
(1) Plan required.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall establish a management plan for the F-35 Joint
Strike Fighter aircraft program under which decisions to commit
to specified levels of production are linked to progress in
meeting specified program milestones, including design,
manufacturing, testing, and fielding milestones for critical
system maturity elements.
(2) Nature of plan.--The plan under paragraph (1) shall
align technical progress milestones with acquisition milestones
in a system maturity matrix. The matrix shall provide criteria
and conditions for comparing expected levels of demonstrated
system maturity with annual production commitments, starting
with the fiscal year 2012 production program, and continuing
over the remaining life of the system development and
demonstration program. The matrix and criteria shall include
elements such as the following:
(A) Manufacturing maturity, including on-time
deliveries, manufacturing process control, quality
rates, and labor efficiency rates.
(B) Engineering maturity, including metrics for the
number of new design actions and number of design
changes in a given period.
[[Page 4158]]
(C) Performance and testing progress, including test
points, hours and flights accomplished, capabilities
demonstrated, key performance parameters, and attributes
demonstrated.
(D) Mission effectiveness and system reliability,
including operational effectiveness and reliability
growth.
(E) Training, fielding, and deployment status.
(b) Reports to Congress.--
(1) Initial report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the plan
required by subsection (a). The report shall include--
(A) the proposed system maturity matrix described in
subsection (a)(2), including a description, for each
element specified in the matrix under subsection (a)(2),
of the criteria and milestones to be used in evaluating
actual program performance against planned performance
for each annual production commitment; and
(B) a description of the actions to be taken to
implement the plan.
(2) Updates.--The Secretary shall submit to Congress, at or
about the same time as the submittal to Congress of the budget
of the President for any fiscal year after fiscal year 2012 (as
submitted pursuant to section 1105(a) of title 31, United States
Code), any modification to the plan required by subsection (a)
that was made during the preceding calendar year, including a
rationale for each such modification.
(c) Report on Capabilities of Marine Corps Variant of F-35 Fighter
Aircraft at Initial Operating Capability.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the expected
capabilities of the F-35B Joint Strike Fighter aircraft at the
time when the Marine Corps plans to declare Initial Operating
Capability for the F-35B Joint Strike Fighter aircraft. The
report shall be prepared in consultation with the Under
Secretary of Defense for Acquisition, Technology, and Logistics.
(2) Elements.--The report under paragraph (1) shall
including a description of the following with respect to the F-
35B Joint Strike Fighter aircraft:
(A) Performance of the aircraft and its subsystems,
compared to key performance parameters.
(B) Expected capability to perform Marine Corps
missions.
(C) Required maintenance and logistics standards,
including mission capability rates.
(D) Expected levels of crew training and
performance.
(E) Product improvements that are planned before the
Initial Operating Capability of the aircraft to be made
after the Initial Operating Capability of the aircraft,
as planned in March 2010.
SEC. 123. <> QUARTERLY REPORTS ON USE OF
COMBAT MISSION REQUIREMENTS FUNDS.
(a) Quarterly Reports Required.--
(1) In general.--Not later than 30 days after the end of
each fiscal quarter, the commander of the United States
[[Page 4159]]
Special Operations Command shall submit to the congressional
defense committees a report on the use of Combat Mission
Requirements funds during the preceding fiscal quarter.
(2) Combat mission requirements funds.--For purposes of this
section, Combat Mission Requirements funds are amounts available
to the Department of Defense for Defense-wide procurement in the
Combat Mission Requirements subaccount of the Defense-wide
Procurement account.
(b) Elements.--Each report under subsection (a) shall include, for
the fiscal quarter covered by such report, the following:
(1) The balance of the Combat Mission Requirements
subaccount at the beginning of such quarter.
(2) The balance of the Combat Mission Requirements
subaccount at the end of such quarter.
(3) Any transfer of funds into or out of the Combat Mission
Requirements subaccount during such quarter, including the
source of any funds transferred into the subaccount, and the
objective of any transfer of funds out of the subaccount.
(4) A description of any requirement--
(A) approved for procurement using Combat Mission
Requirements funds during such quarter; or
(B) procured using such funds during such quarter.
(5) With respect to each description of a requirement under
paragraph (4), the amount of Combat Mission Requirements funds
committed to the procurement or approved procurement of such
requirement.
(c) Form.--Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 124. <> COUNTER-IMPROVISED EXPLOSIVE
DEVICE INITIATIVES DATABASE.
(a) Comprehensive Database.--
(1) In general.--The Secretary of Defense, acting through
the Director of the Joint Improvised Explosive Device Defeat
Organization, shall develop and maintain a comprehensive
database containing appropriate information for coordinating,
tracking, and archiving each counter-improvised explosive device
initiative within the Department of Defense. The database shall,
at a minimum, ensure the visibility of each counter-improvised
explosive device initiative.
(2) Use of information.--Using information contained in the
database developed under paragraph (1), the Secretary, acting
through the Director of the Joint Improvised Explosive Device
Defeat Organization, shall--
(A) identify and eliminate redundant counter-
improvised explosive device initiatives;
(B) facilitate the transition of counter-improvised
explosive device initiatives from funding under the
Joint Improvised Explosive Device Defeat Fund to funding
provided by the military departments; and
(C) notify the appropriate personnel and
organizations prior to a counter-improvised explosive
device initiative being funded through the Joint
Improvised Explosive Device Defeat Fund.
[[Page 4160]]
(3) Coordination.--In carrying out paragraph (1), the
Secretary shall ensure that the Secretary of each military
department coordinates and collaborates on development of the
database to ensure its interoperability, completeness,
consistency, and effectiveness.
(b) Metrics.--The Secretary of Defense, acting through the Director
of the Joint Improvised Explosive Device Defeat Organization, shall--
(1) develop appropriate means to measure the effectiveness
of counter-improvised explosive device initiatives; and
(2) prioritize the funding of such initiatives according to
such means.
(c) Counter-improvised Explosive Device Initiative Defined.--In this
section, the term ``counter-improvised explosive device initiative''
means any project, program, or research activity funded by any component
of the Department of Defense that is intended to assist or support
efforts to counter, combat, or defeat the use of improvised explosive
devices.
SEC. 125. STUDY ON LIGHTWEIGHT BODY ARMOR SOLUTIONS.
(a) Study Required.--The Secretary of Defense shall enter into a
contract with a federally funded research and development center to
conduct a study to--
(1) assess the effectiveness of the processes used by the
Secretary to identify and examine the requirements for lighter
weight body armor systems; and
(2) determine ways in which the Secretary may more
effectively address the research, development, and procurement
requirements regarding reducing the weight of body armor.
(b) Matters Covered.--The study conducted under subsection (a) shall
include findings and recommendations regarding the following:
(1) The requirement for lighter weight body armor and
personal protective equipment and the ability of the Secretary
to meet such requirement.
(2) Innovative design ideas for more modular body armor that
allow for scalable protection levels for various missions and
threats.
(3) The need for research, development, and acquisition
funding dedicated specifically for reducing the weight of body
armor.
(4) The efficiency and effectiveness of current body armor
funding procedures and processes.
(5) Industry concerns, capabilities, and willingness to
invest in the development and production of lightweight body
armor initiatives.
(6) Barriers preventing the development of lighter weight
body armor (including such barriers with respect to technical,
institutional, or financial problems).
(7) Changes to procedures or policy with respect to
lightweight body armor.
(8) Other areas of concern not previously addressed by
equipping boards, body armor producers, or program managers.
(c) <> Submission to Congress.--Not later than 180
days after the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees a report on the study
conducted under subsection (a).
[[Page 4161]]
SEC. 126. INTEGRATION OF SOLID STATE LASER SYSTEMS INTO CERTAIN
AIRCRAFT.
(a) Analysis of Feasibility Required.--The Secretary of Defense
shall conduct an analysis of the feasibility of integrating solid state
laser systems into the aircraft platforms specified in subsection (b)
for purposes of permitting such aircraft to accomplish their missions,
including to provide close air support.
(b) Aircraft.--The aircraft platforms specified in this subsection
shall include, at a minimum, the following:
(1) The C-130 aircraft.
(2) The B-1 bomber aircraft.
(3) The F-35 fighter aircraft.
(c) Scope of Analysis.--The analysis required by subsection (a)
shall include a determination of the following:
(1) The estimated cost per unit of each laser system
analyzed.
(2) The estimated cost of operation and maintenance of each
aircraft platform specified in subsection (b) in connection with
each laser system analyzed, noting that the fidelity of such
analysis may not be uniform for all aircraft platforms.
SEC. 127. <> CONTRACTS FOR COMMERCIAL
IMAGING SATELLITE CAPACITIES.
(a) Telescope Requirements Under Contracts After 2010.--Except as
provided in subsection (b), any contract for additional commercial
imaging satellite capability or capacity entered into by the Department
of Defense after December 31, 2010, shall require that the imaging
telescope providing such capability or capacity under such contract has
an aperture of not less than 1.5 meters.
(b) Waiver.--The Secretary of Defense may waive the limitation in
subsection (a) if--
(1) <> the Secretary submits to the
congressional defense committees written certification that the
waiver is in the national security interests of the United
States; and
(2) <> a period of 30 days has elapsed
following the date on which the certification under paragraph
(1) is submitted.
(c) Continuation of Current Contracts.--The limitation in subsection
(a) may not be construed to prohibit or prevent the Secretary of Defense
from continuing or maintaining current commercial imaging satellite
capability or capacity in orbit or under contract by December 31, 2010.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Enhancement of Department of Defense support of science,
mathematics, and engineering education.
Sec. 212. Limitation on use of funds by Defense Advanced Research
Projects Agency for operation of National Cyber Range.
Sec. 213. Separate program elements required for research and
development of Joint Light Tactical Vehicle.
Sec. 214. Program for research, development, and deployment of advanced
ground vehicles, ground vehicle systems, and components.
[[Page 4162]]
Sec. 215. Demonstration and pilot projects on cybersecurity.
Subtitle C--Missile Defense Programs
Sec. 221. Sense of Congress on ballistic missile defense.
Sec. 222. Repeal of prohibition of certain contracts by Missile Defense
Agency with foreign entities.
Sec. 223. Limitation on availability of funds for missile defense
interceptors in Europe.
Sec. 224. Medium Extended Air Defense System.
Sec. 225. Acquisition accountability reports on the ballistic missile
defense system.
Sec. 226. Authority to support ballistic missile shared early warning
with the Czech Republic.
Sec. 227. Report on phased, adaptive approach to missile defense in
Europe.
Sec. 228. Independent review and assessment of the Ground-Based
Midcourse Defense system.
Sec. 229. Iron Dome short-range rocket defense program.
Subtitle D--Reports
Sec. 231. Report on analysis of alternatives and program requirements
for the Ground Combat Vehicle program.
Sec. 232. Cost benefit analysis of future tank-fired munitions.
Sec. 233. Annual Comptroller General report on the VH-(XX) presidential
helicopter acquisition program.
Subtitle E--Other Matters
Sec. 241. Sense of Congress affirming the importance of Department of
Defense participation in development of next generation
semiconductor technologies.
Sec. 242. Pilot program on collaborative energy security.
Sec. 243. Pilot program to include technology protection features during
research and development of defense systems.
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 follows:
(1) For the Army, $10,093,704,000.
(2) For the Navy, $17,881,008,000.
(3) For the Air Force, $27,319,627,000.
(4) For Defense-wide activities, $21,292,576,000, of which
$194,910,000 is authorized for the Director of Operational Test
and Evaluation.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. ENHANCEMENT OF DEPARTMENT OF DEFENSE SUPPORT OF SCIENCE,
MATHEMATICS, AND ENGINEERING EDUCATION.
(a) Discharge of Support Through Military Departments.--Section
2192(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary of Defense may carry out the authority in
paragraph (1) through the Secretaries of the military departments.''.
[[Page 4163]]
(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. 212. LIMITATION ON USE OF FUNDS BY DEFENSE ADVANCED RESEARCH
PROJECTS AGENCY FOR OPERATION OF NATIONAL
CYBER RANGE.
(a) <> Prohibition on Use of Funds Pending
Report.--Amounts authorized to be appropriated by this Act and available
to the Defense Advanced Research Projects Agency may not be obligated or
expended for the National Cyber Range established in support of the
Comprehensive National Cybersecurity Initiative until the date that is
90 days after the date on which the Under Secretary of Defense for
Acquisition, Technology, and Logistics submits to the Committees on
Armed Services of the Senate and the House of Representatives a report
described in subsection (c).
(b) <> Limitation on Use of Funds After
Report.--Commencing on the date that is 90 days after the date on which
the Under Secretary submits a report described in subsection (c),
amounts described in subsection (a) shall be available for obligation or
expenditure only for the purposes of research and development activities
that the Under Secretary considers appropriate for ensuring and
assessing the functionality of the National Cyber Range.
(c) Report.--
(1) In general.--The report described in this subsection is
a report setting forth a plan for the transition of the National
Cyber Range to operation and sustainment.
(2) Elements.--The report shall include, at a minimum, the
following:
(A) An analysis of various potential recipients
under the transition of the National Cyber Range.
(B) For each recipient analyzed under subparagraph
(A), a description of the proposed transition of the
National Cyber Range to such recipient, including the
proposed schedule and funding for such transition.
(3) Potential recipients.--The recipients analyzed in the
report under paragraph (2)(A) shall include, at a minimum, the
following:
(A) A consortium for the operation and sustainment
of the National Cyber Range as a government-owned,
government-operated facility.
(B) A consortium for the operation and sustainment
of the National Cyber Range as a government-owned,
contractor-operated facility.
SEC. 213. <> SEPARATE PROGRAM ELEMENTS
REQUIRED FOR RESEARCH AND DEVELOPMENT OF
JOINT LIGHT TACTICAL VEHICLE.
In the budget materials submitted to the President by the Secretary
of Defense in connection with the submission to Congress, pursuant to
section 1105 of title 31, United States Code, of the budget for fiscal
year 2012, and each subsequent fiscal year, the
[[Page 4164]]
Secretary shall ensure that within each research, development, test, and
evaluation account of the Army and the Navy a separate, dedicated
program element is assigned to the Joint Light Tactical Vehicle.
SEC. 214. <> PROGRAM FOR RESEARCH,
DEVELOPMENT, AND DEPLOYMENT OF ADVANCED
GROUND VEHICLES, GROUND VEHICLE SYSTEMS,
AND COMPONENTS.
(a) Program Authorized.--The Secretary of Defense may carry out a
program for research and development on, and deployment of, advanced
technology ground vehicles, ground vehicle systems, and components
within the Department of Defense.
(b) Goals and Objectives.--The goals and objectives of the program
authorized by subsection (a) are as follows:
(1) To identify and support technological advances that are
necessary for the development of advanced technologies for use
in ground vehicles of types to be used by the Department of
Defense.
(2) To procure and deploy significant quantities of advanced
technology ground vehicles for use by the Department.
(3) To maximize the leverage of Federal and nongovernment
funds used for the development and deployment of advanced
technology ground vehicles, ground vehicle systems, and
components.
(c) Elements of Program.--The program authorized by subsection (a)
may include--
(1) enhanced research and development activities for
advanced technology ground vehicles, ground vehicle systems, and
components, including--
(A) increased investments in research and
development of batteries, advanced materials, power
electronics, fuel cells and fuel cell systems, hybrid
systems, and advanced engines;
(B) pilot projects for the demonstration of advanced
technologies in ground vehicles for use by the
Department of Defense; and
(C) the establishment of public-private
partnerships, including research centers, manufacturing
and prototyping facilities, and test beds, to speed the
development, deployment, and transition to use of
advanced technology ground vehicles, ground vehicle
systems, and components; and
(2) enhanced activities to procure and deploy advanced
technology ground vehicles in the Department, including--
(A) preferences for the purchase of advanced
technology ground vehicles;
(B) the use of authorities available to the
Secretary of Defense to stimulate the development and
production of advanced technology systems and ground
vehicles through purchases, loan guarantees, and other
mechanisms;
(C) pilot programs to demonstrate advanced
technology ground vehicles and associated infrastructure
at select defense installations;
(D) metrics to evaluate environmental and other
benefits, life cycle costs, and greenhouse gas emissions
associated with the deployment of advanced technology
ground vehicles; and
[[Page 4165]]
(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 Cybersecurity Requirements.--
(1) Projects required.--The Secretary of Defense and the
Secretaries of the military departments shall jointly carry out
demonstration projects to assess the feasibility and
advisability of using various business models and processes to
rapidly and effectively identify innovative commercial
technologies and apply such technologies to Department of
Defense and other cybersecurity requirements.
(2) Scope of projects.--Any demonstration project under
paragraph (1) shall be carried out in such a manner as to
contribute to the cyber policy review of the President and the
Comprehensive National Cybersecurity Initiative.
(b) Pilot Programs on Cybersecurity Required.--The Secretary of
Defense shall support or conduct pilot programs on cybersecurity with
respect to the following areas:
(1) Threat sensing and warning for information networks
worldwide.
(2) Managed security services for cybersecurity within the
defense industrial base, military departments, and combatant
commands.
(3) Use of private processes and infrastructure to address
threats, problems, vulnerabilities, or opportunities in
cybersecurity.
(4) Processes for securing the global supply chain.
(5) Processes for threat sensing and security of cloud
computing infrastructure.
(c) Reports.--
[[Page 4166]]
(1) Reports required.--Not later than 240 days after the
date of the enactment of this Act, and annually thereafter at or
about the time of the submittal to Congress of the budget of the
President for a fiscal year (as submitted pursuant to section
1105(a) of title 31, United States Code), the Secretary of
Defense shall, in coordination with the Secretary of Homeland
Security, submit to Congress a report on any demonstration
projects carried out under subsection (a), and on the pilot
projects carried out under subsection (b), during the preceding
year.
(2) Elements.--Each report under this subsection shall
include the following:
(A) A description and assessment of any activities
under the demonstration projects and pilot projects
referred to in paragraph (1) during the preceding year.
(B) For the pilot projects supported or conducted
under subsection (b)(2)--
(i) a quantitative and qualitative assessment
of the extent to which managed security services
covered by the pilot project could provide
effective and affordable cybersecurity
capabilities for components of the Department of
Defense and for entities in the defense industrial
base, and an assessment whether such services
could be expanded rapidly to a large scale without
exceeding the ability of the Federal Government to
manage such expansion; and
(ii) an assessment of whether managed security
services are compatible with the cybersecurity
strategy of the Department of Defense with respect
to conducting an active, in-depth defense under
the direction of United States Cyber Command.
(C) For the pilot projects supported or conducted
under subsection (b)(3)--
(i) a description of any performance metrics
established for purposes of the pilot project, and
a description of any processes developed for
purposes of accountability and governance under
any partnership under the pilot project; and
(ii) an assessment of the role a partnership
such as a partnership under the pilot project
would play in the acquisition of cyberspace
capabilities by the Department of Defense,
including a role with respect to the development
and approval of requirements, approval and
oversight of acquiring capabilities, test and
evaluation of new capabilities, and budgeting for
new capabilities.
(D) For the pilot projects supported or conducted
under subsection (b)(4)--
(i) a framework and taxonomy for evaluating
practices that secure the global supply chain, as
well as practices for securely operating in an
uncertain or compromised supply chain;
(ii) an assessment of the viability of
applying commercial practices for securing the
global supply chain; and
[[Page 4167]]
(iii) an assessment of the viability of
applying commercial practices for securely
operating in an uncertain or compromised supply
chain.
(E) For the pilot projects supported or conducted
under subsection (b)(5)--
(i) an assessment of the capabilities of
Federal Government providers to offer secure cloud
computing environments; and
(ii) an assessment of the capabilities of
commercial providers to offer secure cloud
computing environments to the Federal Government.
(3) Form.--Each report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
Subtitle C--Missile Defense Programs
SEC. 221. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.
(a) Sense of Congress.--It is the sense of Congress--
(1) that the phased, adaptive approach to missile defense in
Europe is an appropriate response to the existing ballistic
missile threat from Iran to the European territory of North
Atlantic Treaty Organization countries, and to potential future
ballistic missile capabilities of Iran;
(2) that the phased, adaptive approach to missile defense in
Europe is not intended to, and will not, provide a missile
defense capability relative to the ballistic missile deterrent
forces of the Russian Federation, or diminish strategic
stability with the Russian Federation;
(3) to support the efforts of the United States Government
and the North Atlantic Treaty Organization to pursue cooperation
with the Russian Federation on ballistic missile defense
relative to Iranian missile threats;
(4) that the ground-based midcourse defense system deployed
in Alaska and California currently provides adequate defensive
capability for the United States against currently anticipated
future long-range ballistic missile threats from Iran, and this
capability will be enhanced as the system is improved, including
by the planned deployment of an AN/TPY-2 radar in southern
Europe in 2011;
(5) that the ground-based midcourse defense system should be
maintained, enhanced, and adequately tested to ensure its
operational capability through its service life;
(6) that the United States should, as stated in its
unilateral statement accompanying the New START Treaty,
``continue improving and deploying its missile defense systems
in order to defend itself against limited attack and as part of
our collaborative approach to strengthening stability in key
regions'';
(7) that, as part of this effort, the Department of Defense
should pursue the development, testing, and deployment of
operationally effective versions of all variants of the standard
missile-3 for all four phases of the phased, adaptive approach
to missile defense in Europe;
(8) that the standard missile-3 block IIB interceptor
missile planned for deployment in phase 4 of the phased,
adaptive approach should be capable of addressing the potential
future threat of intermediate-range and long-range ballistic
missiles
[[Page 4168]]
from Iran, including intercontinental ballistic missiles that
could be capable of reaching the United States;
(9) that there are no constraints contained in the New START
Treaty on the development or deployment by the United States of
effective missile defenses, including all phases of the phased,
adaptive approach to missile defense in Europe and further
enhancements to the ground-based midcourse defense system, as
well as future missile defenses; and
(10) that the Department of Defense should continue the
development, testing, and assessment of the two-stage ground-
based interceptor in such a manner as to provide a hedge against
potential technical challenges with the development of the
standard missile-3 block IIB interceptor missile as a means of
augmenting the defense of Europe and of the homeland against a
limited ballistic missile attack from nations such as North
Korea or Iran.
(b) New START Treaty Defined.--In this section, the term ``New START
Treaty'' means the Treaty between the United States of America and the
Russian Federation on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms, signed on April 8, 2010.
SEC. 222. REPEAL OF PROHIBITION OF CERTAIN CONTRACTS BY MISSILE
DEFENSE AGENCY WITH FOREIGN ENTITIES.
Section 222 of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1055; 10 U.S.C. 2431
note) is repealed.
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR MISSILE DEFENSE
INTERCEPTORS IN EUROPE.
(a) <> Limitation on Construction and
Deployment of Interceptors.--No funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2011 or any fiscal year thereafter may be obligated or
expended for site activation, construction, or deployment of missile
defense interceptors on European land as part of the phased, adaptive
approach to missile defense in Europe until--
(1) <> any nation agreeing
to host such system has signed and ratified a missile defense
basing agreement and a status of forces agreement authorizing
the deployment of such interceptors; and
(2) <> a period of 45 days has elapsed
following the date on which the Secretary of Defense submits to
the congressional defense committees the report on the
independent assessment of alternative missile defense systems in
Europe required by section 235(c)(2) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2235).
(b) <> Limitation on Procurement or
Deployment of Interceptors.--No funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2011 or any fiscal year thereafter may be obligated or
expended for the procurement (other than initial long-lead procurement)
or deployment of operational missiles on European land as part of the
phased, adaptive approach to missile defense in Europe until the
Secretary of Defense, after receiving the views of the Director of
Operational Test and Evaluation, submits to the congressional defense
committees a report certifying that the proposed interceptor
[[Page 4169]]
to be deployed as part of such missile defense system has demonstrated,
through successful, operationally realistic flight testing, a high
probability of working in an operationally effective manner and that
such missile defense system has the ability to accomplish the mission.
(c) <> Waiver.--The Secretary of Defense
may waive the limitations in subsections (a) and (b) if--
(1) <> the Secretary submits to the
congressional defense committees written certification that the
waiver is in the urgent national security interests of the
United States; and
(2) <> a period of seven days has
elapsed following the date on which the certification under
paragraph (1) is submitted.
(d) <> Construction.--Nothing in this
section shall be construed so as to limit the obligation and expenditure
of funds for any missile defense activities not otherwise limited by
subsection (a) or (b), including, with respect to the planned
deployments of missile defense interceptors on European land as part of
the phased, adaptive approach to missile defense in Europe--
(1) research, development, test and evaluation;
(2) site surveys;
(3) studies and analyses; and
(4) site planning and design and construction design.
(e) Conforming Repeal.--Section 234 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-81; 123 Stat.
2234) is <> repealed.
SEC. 224. MEDIUM EXTENDED AIR DEFENSE SYSTEM.
(a) Limitation on Availability of Funds.--Of the amounts authorized
to be appropriated in this title for fiscal year 2011 for research,
development, test, and evaluation, Army, of the amount that corresponds
with budget activity five, line 117, in the budget transmitted to
Congress by the President for fiscal year 2011, not more than 25 percent
may be obligated or expended until the date on which--
(1) the Secretary of Defense completes the critical design
review and the system program review for the medium extended air
defense system program and decides to proceed with the program;
and
(2) <> the Secretary submits in writing to
the congressional defense committees a report containing the
decision referred to in paragraph (1) to proceed with the medium
extended air defense system.
(b) Further Limitations.--
(1) <> In general.--Of the
amounts authorized to be appropriated in this title for fiscal
year 2011 for research, development, test, and evaluation, Army,
of the amount that corresponds with budget activity five, line
117, in the budget transmitted to Congress by the President for
fiscal year 2011, not more than 50 percent may be obligated or
expended until a period of 30 days have elapsed following the
date on which the Secretary submits to the congressional defense
committees a report containing the elements specified in
paragraph (2).
(2) Elements of report.--The elements specified in this
paragraph for the report described in paragraph (1) are the
following:
(A) A detailed description of the decision described
in subsection (a)(1) and the explanation for that
decision.
[[Page 4170]]
(B) A cost estimate performed by the Director of
Cost Assessment and Program Evaluation of the medium
extended air defense system program, including an
analysis of the cost growth in the program and an
explanation of what effect such cost growth would have
if the program were subject to the provisions of section
2433 of title 10, United States Code (commonly referred
to as the ``Nunn-McCurdy Act'').
(C) An analysis of alternatives to the medium
extended air defense system program and its component
elements.
(D) A description of the planned schedule and cost
for the development, production, and deployment of the
medium extended air defense system, including the cost
and schedule for any variations to the baseline program
to be fielded by the Armed Forces.
(E) A description of the role of Germany and Italy
in the medium extended air defense system program,
including the role of such countries in procurement or
production of elements of such program.
(F) Any other matters that the Secretary of Defense
considers appropriate.
(c) Form of Reports.--The reports submitted under this section shall
be submitted in unclassified form, but may include a classified annex.
SEC. 225. <> ACQUISITION ACCOUNTABILITY
REPORTS ON THE BALLISTIC MISSILE DEFENSE
SYSTEM.
(a) Baselines Required.--The Secretary of Defense shall ensure that
the Missile Defense Agency establishes and maintains an acquisition
baseline for each program element of the ballistic missile defense
system, as specified in section 223 of title 10, United States Code.
(b) Elements of Baselines.--Each acquisition baseline required by
subsection (a) for a program element shall include the following:
(1) A comprehensive schedule for the program element,
including--
(A) research and development milestones;
(B) acquisition milestones, including design reviews
and key decision points;
(C) key test events, including ground and flight
tests and ballistic missile defense system tests; and
(D) delivery and fielding schedules.
(2) A detailed technical description of--
(A) the capability to be developed, including
hardware and software;
(B) system requirements;
(C) how the proposed capability satisfies a
capability identified by the commanders of the combatant
commands on a prioritized capabilities list;
(D) key knowledge points that must be achieved to
permit continuation of the program and to inform
production and deployment decisions; and
(E) how the Missile Defense Agency plans to improve
the capability over time.
(3) A cost estimate for the program element, including--
(A) a life cycle cost estimate;
[[Page 4171]]
(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. 226. AUTHORITY TO SUPPORT BALLISTIC MISSILE SHARED EARLY
WARNING WITH THE CZECH REPUBLIC.
(a) Authority to Support Shared Early Warning.--During fiscal years
2011 and 2012, the Secretary of Defense may carry out a program to
provide a ballistic missile shared early warning capability for the
United States and the Czech Republic.
(b) Fiscal Year 2011 Funding Authorization.--
(1) Of the funds authorized to be appropriated by this Act
or any other Act for fiscal year 2011 for Operation and
Maintenance, Air Force, $1,700,000 may be available for the
purposes described in subsection (a).
(2) Of the funds authorized to be appropriated by this Act
or any other Act for fiscal year 2011 for Other Procurement, Air
Force, $500,000 may be available for the purposes described in
subsection (a).
SEC. 227. REPORT ON PHASED, ADAPTIVE APPROACH TO MISSILE DEFENSE
IN EUROPE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the phased, adaptive
approach to missile defense in Europe.
(b) Matters Included.--The report under subsection (a) shall include
the following:
(1) A detailed explanation of--
[[Page 4172]]
(A) the analytic basis (including the analytic
process and methodology) that led to the recommendation
of the Secretary of Defense and the Joint Chiefs of
Staff to pursue the phased, adaptive approach to missile
defense in Europe, including the ability to defend
deployed forces of the United States, allies, and
partners in Europe, and the United States homeland,
against the existing, emerging, and future threat from
Iranian ballistic missiles in a timely and flexible
manner; and
(B) the planned defensive coverage of Europe
provided by such missile defense.
(2) A detailed explanation of the specific elements planned
for each of the four phases of the phased, adaptive approach to
missile defense in Europe, including schedules and parameters of
planned deployments of missile defense systems at sea and on
land, and the knowledge points or milestones that will be
required prior to operational deployment of those elements.
(3) A description of the factors and processes that will be
used to determine the eventual numbers and locations of
interceptors that will be deployed at sea and on land, and the
concept of operations that will enable the phased, adaptive
approach to missile defense in Europe to be operated in a
flexible, adaptable, and survivable manner.
(4) A description of the status of the development or
production of the various elements of the phased, adaptive
approach to missile defense in Europe, particularly the
development of the standard missile-3, block IIA and block IIB
interceptors, including the technical readiness levels of those
systems under development and the plans for retiring the
technical risks of such systems.
(5) A description of the advances in technology that are
expected to permit enhanced defensive capability of the phased,
adaptive approach to missile defense in Europe, including
airborne infrared sensor technology, space sensor technology,
and enhanced battle management, command, control, and
communications.
(6) A discussion of how the phased, adaptive approach to
missile defense in Europe will meet the operational needs of the
commander of the United States European Command, and how it
relates to plans to use a phased, adaptive approach to missile
defense in other geographic regions.
(7) An explanation of--
(A) the views of the North Atlantic Treaty
Organization on the phased, adaptive approach to missile
defense in Europe; and
(B) how such missile defense fits into the current
missile defense strategy of NATO.
(c) Form.--The report shall be in unclassified form, but may include
a classified annex.
SEC. 228. INDEPENDENT REVIEW AND ASSESSMENT OF THE GROUND-BASED
MIDCOURSE DEFENSE SYSTEM.
(a) Independent Review and Assessment Required.--The Secretary of
Defense shall select an appropriate entity outside the Department of
Defense to conduct an independent review and assessment of the ground-
based midcourse defense system.
[[Page 4173]]
(b) Elements.--The review and assessment required by this section
shall address the current plans of the Department of Defense with
respect to the following:
(1) The force structure and inventory levels necessary for
the ground-based midcourse defense system to achieve the planned
capabilities of that system, including an analysis of costs and
potential advantages of deploying additional operational ground-
based interceptor missiles.
(2) The number of ground-based interceptor missiles
necessary for operational assets, test assets (including
developmental and operational test assets and aging and
surveillance test assets), and spare missiles for the ground-
based midcourse defense system.
(3) The plan to maintain the operational effectiveness of
the ground-based midcourse defense system over the course of its
service life, including any modernization or capability
enhancement efforts, and any sustainment efforts.
(4) The plan for funding the development, production,
deployment, testing, improvement, and sustainment of the ground-
based midcourse defense system.
(5) The plan for flight testing the ground-based midcourse
defense system, including aging and surveillance tests to
demonstrate the continuing effectiveness of the system over the
course of its service life.
(6) The plan for production of ground-based interceptor
missiles necessary for operational test assets, aging and
surveillance test assets, and spare missiles for the ground-
based midcourse defense system.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the entity conducting the review and assessment under this
section shall submit to the Secretary and the congressional defense
committees a report containing--
(1) the results of the review and assessment; and
(2) any recommendations on how the Department of Defense may
improve upon its plans to ensure the availability, reliability,
maintainability, supportability, and improvement of the ground-
based midcourse defense system.
SEC. 229. <> IRON DOME SHORT-RANGE ROCKET DEFENSE
PROGRAM.
Of the funds authorized to be appropriated by section 201(4) for
research, development, test, and evaluation, Defense-wide, the Secretary
of Defense may provide up to $205,000,000 to the government of Israel
for the Iron Dome short-range rocket defense system.
Subtitle D--Reports
SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND PROGRAM
REQUIREMENTS FOR THE GROUND COMBAT VEHICLE
PROGRAM.
(a) Report Required.--Not later than January 15, 2011, the Secretary
of the Army shall submit to the congressional defense committees a
report on the Ground Combat Vehicle program of the Army. Such report
shall include--
(1) the results of the analysis of alternatives conducted
prior to milestone A, including any technical data; and
[[Page 4174]]
(2) an explanation of any plans to adjust the requirements
of the Ground Combat Vehicle program during the technology
development phase of such program.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Limitation on Obligation of Funds.--Of the funds authorized to
be appropriated by this or any other Act for fiscal year 2011 for
research, development, test, and evaluation, Army, for development of
the Ground Combat Vehicle, not more than 50 percent may be obligated or
expended until the date that is 30 days after the date on which the
report is submitted under subsection (a).
SEC. 232. COST BENEFIT ANALYSIS OF FUTURE TANK-FIRED MUNITIONS.
(a) Cost Benefit Analysis Required.--
(1) In general.--The Secretary of the Army shall conduct a
cost benefit analysis of future munitions to be fired from the
M1 Abrams series main battle tank to determine the proper
investment to be made in tank munitions, including beyond line
of sight technology.
(2) Elements.--The cost benefit analysis under paragraph (1)
shall include--
(A) the predicted operational performance of future
tank-fired munitions, including those incorporating
beyond line of sight technology, based on the relevant
modeling and simulation of future combat scenarios of
the Army, including a detailed analysis on the
suitability of each munition to address the full
spectrum of targets across the entire range of the tank
(including close range, mid-range, long-range, and
beyond line of sight);
(B) a detailed assessment of the projected costs to
develop and field each tank-fired munition included in
the analysis, including those incorporating beyond line
of sight technology; and
(C) a comparative analysis of each tank-fired
munition included in the analysis, including suitability
to address known capability gaps and overmatch against
known and projected threats.
(3) Munitions included.--In conducting the cost benefit
analysis under paragraph (1), the Secretary shall include, at a
minimum, the Mid-Range Munition, the Advanced Kinetic Energy
round, and the Advanced Multipurpose Program.
(b) Briefing.--Not later than April 15, 2011, the Secretary shall
provide a detailed briefing to the congressional defense committees on
the cost benefit analysis conducted under subsection (a).
SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON THE VH-(XX)
PRESIDENTIAL HELICOPTER ACQUISITION
PROGRAM.
(a) Annual GAO Review.--During the period beginning on the date of
the enactment of this Act and ending on March 1, 2013, the Comptroller
General of the United States shall conduct an annual review of the VH-
(XX) aircraft acquisition program.
(b) Annual Reports.--
(1) In general.--Not later than March 1 of each year
beginning in 2011 and ending in 2013, the Comptroller General
shall submit to the congressional defense committees a report
[[Page 4175]]
on the review of the VH-(XX) aircraft acquisition program
conducted under subsection (a).
(2) Matters to be included.--Each report on the review of
the VH-(XX) aircraft acquisition program shall include the
following:
(A) The extent to which the program is meeting
development and procurement cost, schedule, performance,
and risk mitigation goals.
(B) With respect to meeting the desired initial
operational capability and full operational capability
dates for the VH-(XX) aircraft, the progress and results
of--
(i) developmental and operational testing of
the aircraft; and
(ii) plans for correcting deficiencies in
aircraft performance, operational effectiveness,
reliability, suitability, and safety.
(C) An assessment of VH-(XX) aircraft procurement
plans, production results, and efforts to improve
manufacturing efficiency and supplier performance.
(D) An assessment of the acquisition strategy of the
VH-(XX) aircraft, including whether such strategy is in
compliance with acquisition management best-practices
and the acquisition policy and regulations of the
Department of Defense.
(E) A risk assessment of the integrated master
schedule and the test and evaluation master plan of the
VH-(XX) aircraft as it relates to--
(i) the probability of success;
(ii) the funding required for such aircraft
compared with the funding programmed; and
(iii) development and production concurrency.
(3) Additional information.--In submitting to the
congressional defense committees the first report under
paragraph (1) and a report following any changes made by the
Secretary of the Navy to the baseline documentation of the VH-
(XX) aircraft acquisition program, the Comptroller General shall
include, with respect to such program, an assessment of the
sufficiency and objectivity of--
(A) the analysis of alternatives;
(B) the initial capabilities document;
(C) the capabilities development document; and
(D) the systems requirement document.
Subtitle E--Other Matters
SEC. 241. SENSE OF CONGRESS AFFIRMING THE IMPORTANCE OF DEPARTMENT
OF DEFENSE PARTICIPATION IN DEVELOPMENT OF
NEXT GENERATION SEMICONDUCTOR
TECHNOLOGIES.
(a) Findings.--Congress finds the following:
(1) The next generation of weapons systems, battlefield
sensors, and intelligence platforms will need to be lighter,
more agile, consume less power, and have greater computational
power, which can be achieved by decreasing the feature size of
integrated circuits to the nanometer scale.
[[Page 4176]]
(2) There is a growing concern in the Department of Defense
and the United States intelligence community over the offshore
shift in development and production of high capacity
semiconductors. Greater reliance on providers of semiconductors
in the United States high technology industry would help
mitigate the security risks of such an offshore shift.
(3) The development of new manufacturing technologies is
recognized in the semiconductor industry as critical to the
development of the next generation of integrated circuits.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should pursue research and development
capabilities to take the lead in developing and producing the
next generation of integrated circuits; and
(2) the Department of Defense should continue to work with
industry and academia in pursuing the research and development
of advanced manufacturing techniques in support of the
development of the next generation of integrated circuits needed
for the requirements and specialized applications of the
Department of Defense.
SEC. 242. <> PILOT PROGRAM ON
COLLABORATIVE ENERGY SECURITY.
(a) Pilot Program.--The Secretary of Defense, in coordination with
the Secretary of Energy, may carry out a collaborative energy security
pilot program involving one or more partnerships between one military
installation and one national laboratory, for the purpose of evaluating
and validating secure, salable microgrid components and systems for
deployment.
(b) Selection of Military Installation and National Laboratory.--If
the Secretary of Defense carries out a pilot program under this section,
the Secretary of Defense and the Secretary of Energy shall jointly
select a military installation and a national laboratory for the purpose
of carrying out the pilot program. In making such selections, the
Secretaries shall consider each of the following:
(1) A commitment to participate made by a military
installation being considered for selection.
(2) The findings and recommendations of relevant energy
security assessments of military installations being considered
for selection.
(3) The availability of renewable energy sources at a
military installation being considered for selection.
(4) Potential synergies between the expertise and
capabilities of a national laboratory being considered for
selection and the infrastructure, interests, or other energy
security needs of a military installation being considered for
selection.
(5) The effects of any utility tariffs, surcharges, or other
considerations on the feasibility of enabling any excess
electricity generated on a military installation being
considered for selection to be sold or otherwise made available
to the local community near the installation.
(c) Program Elements.--A pilot program under this section shall be
carried out as follows:
(1) Under the pilot program, the Secretaries shall evaluate
and validate the performance of new energy technologies that may
be incorporated into operating environments.
(2) The pilot program shall involve collaboration with the
Office of Electricity Delivery and Energy Reliability of the
[[Page 4177]]
Department of Energy and other offices and agencies within the
Department of Energy, as appropriate, and the Environmental
Security Technical Certification Program of the Department of
Defense.
(3) Under the pilot program, the Secretary of Defense shall
investigate opportunities for any excess electricity created for
the military installation to be sold or otherwise made available
to the local community near the installation.
(4) The Secretary of Defense shall use the results of the
pilot program as the basis for informing key performance
parameters and validating energy components and designs that
could be implemented in various military installations across
the country and at forward operating bases.
(5) The pilot program shall support the effort of the
Secretary of Defense to use the military as a test bed to
demonstrate innovative energy technologies.
(d) <> Implementation and Duration.--If the
Secretary of Defense carries out a pilot program under this section,
such pilot program shall begin by not later than July 1, 2011, and shall
be not less than three years in duration.
(e) Reports.--
(1) Initial report.--If the Secretary of Defense carries out
a pilot program under this section, the Secretary shall submit
to the appropriate congressional committees by not later than
October 1, 2011, an initial report that provides an update on
the implementation of the pilot program, including an
identification of the selected military installation and
national laboratory partner and a description of technologies
under evaluation.
(2) Final report.--Not later than 90 days after completion
of a pilot program under this section, the Secretary shall
submit to the appropriate congressional committees a report on
the pilot program, including any findings and recommendations of
the Secretary.
(f) Definitions.--For purposes of this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Energy and Commerce, and the Committee on Science and
Technology of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Energy and Natural Resources, and the Committee on
Commerce, Science, and Transportation of the Senate.
(2) The term ``microgrid'' means an integrated energy system
consisting of interconnected loads and distributed energy
resources (including generators, energy storage devices, and
smart controls) that can operate with the utility grid or in an
intentional islanding mode.
(3) The term ``national laboratory'' means--
(A) a national laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
(B) a national security laboratory (as defined in
section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471)).
[[Page 4178]]
SEC. 243. <> PILOT PROGRAM TO INCLUDE
TECHNOLOGY PROTECTION FEATURES DURING
RESEARCH AND DEVELOPMENT OF DEFENSE
SYSTEMS.
(a) Pilot Program.--The Secretary of Defense shall carry out a pilot
program to develop and incorporate technology protection features in a
designated system during the research and development phase of such
system.
(b) Annual Reports.--Not later than December 31 of each year in
which the Secretary carries out the pilot program established under this
section, the Secretary shall submit to the congressional defense
committees a report on the pilot program, including a list of each
designated system included in the program.
(c) Termination.--The pilot program established under this section
shall terminate on October 1, 2015.
(d) Definitions.--In this section:
(1) The term ``designated system'' means any system
(including a major system, as defined in section 2302(5) of
title 10, United States Code) that the Under Secretary of
Defense for Acquisition, Technology, and Logistics designates as
being included in the pilot program established under this
section.
(2) The term ``technology protection features'' means the
technical modifications necessary to protect critical program
information, including anti-tamper technologies and other
systems engineering activities intended to prevent or delay
exploitation of critical technologies in a designated system.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 312. Payment to Environmental Protection Agency of stipulated
penalties in connection with Naval Air Station, Brunswick,
Maine.
Sec. 313. Requirements related to the investigation of exposure to
drinking water at Camp Lejeune, North Carolina.
Sec. 314. Comptroller General assessment on military environmental
exposures.
Subtitle C--Workplace and Depot Issues
Sec. 321. Technical amendments to requirement for service contract
inventory.
Sec. 322. Repeal of conditions on expansion of functions performed under
prime vendor contracts for depot-level maintenance and
repair.
Sec. 323. Prohibition on establishing goals or quotas for conversion of
functions to performance by Department of Defense civilian
employees.
Subtitle D--Reports
Sec. 331. Additional reporting requirements relating to corrosion
prevention projects and activities.
Sec. 332. Modification and repeal of certain reporting requirements.
Sec. 333. Report on Air Sovereignty Alert mission.
Sec. 334. Report on the SEAD/DEAD mission requirement for the Air Force.
Sec. 335. Requirement to update study on strategic seaports.
Subtitle E--Limitations and Extensions of Authority
Sec. 341. Permanent authority to accept and use landing fees charged for
use of domestic military airfields by civil aircraft.
Sec. 342. Extension of Arsenal Support Program Initiative.
[[Page 4179]]
Sec. 343. Limitation on obligation of funds for the Army Human Terrain
System.
Sec. 344. Limitation on obligation of funds pending submission of
classified justification material.
Sec. 345. Requirements for transferring aircraft within the Air Force
inventory.
Sec. 346. Commercial sale of small arms ammunition in excess of military
requirements.
Subtitle F--Other Matters
Sec. 351. Expedited processing of background investigations for certain
individuals.
Sec. 352. Revision to authorities relating to transportation of civilian
passengers and commercial cargoes by Department of Defense
when space unavailable on commercial lines.
Sec. 353. Technical correction to obsolete reference relating to use of
flexible hiring authority to facilitate performance of
certain Department of Defense functions by civilian
employees.
Sec. 354. Authority for payment of full replacement value for loss or
damage to household goods in limited cases not covered by
carrier liability.
Sec. 355. Recovery of improperly disposed of Department of Defense
property.
Sec. 356. Operational readiness models.
Sec. 357. Sense of Congress regarding continued importance of High-
Altitude Aviation Training Site, Colorado.
Sec. 358. Study of effects of new construction of obstructions on
military installations and operations.
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, in amounts as follows:
(1) For the Army, $33,921,165,000.
(2) For the Navy, $38,232,943,000.
(3) For the Marine Corps, $5,590,340,000.
(4) For the Air Force, $36,822,516,000.
(5) For Defense-wide activities, $30,562,619,000.
(6) For the Army Reserve, $2,879,077,000.
(7) For the Naval Reserve, $1,367,764,000.
(8) For the Marine Corps Reserve, $285,234,000.
(9) For the Air Force Reserve, $3,403,827,000.
(10) For the Army National Guard, $6,621,704,000.
(11) For the Air National Guard, $6,042,239,000.
(12) For the United States Court of Appeals for the Armed
Forces, $14,068,000.
(13) For the Acquisition Development Workforce Fund,
$217,561,000.
(14) For Environmental Restoration, Army, $444,581,000.
(15) For Environmental Restoration, Navy, $304,867,000.
(16) For Environmental Restoration, Air Force, $502,653,000.
(17) For Environmental Restoration, Defense-wide,
$10,744,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $296,546,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $108,032,000.
(20) For Cooperative Threat Reduction programs,
$522,512,000.
[[Page 4180]]
Subtitle B--Energy and Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR
CERTAIN COSTS IN CONNECTION WITH THE TWIN
CITIES ARMY AMMUNITION PLANT, MINNESOTA.
(a) Authority to Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b) and notwithstanding section 2215 of title 10, United States
Code, the Secretary of Defense may transfer not more than
$5,611,670.67 in fiscal year 2011 to the Hazardous Substance
Superfund.
(2) Purpose of reimbursement.--The amount authorized to be
transferred under paragraph (1) is to reimburse the
Environmental Protection Agency for costs the Agency incurred
relating to the response actions performed at the Twin Cities
Army Ammunition Plant, Minnesota.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is intended to satisfy certain terms of the
interagency agreement entered into by the Department of the Army
and the Environmental Protection Agency for the Twin Cities Army
Ammunition Plant that took effect in December 1987 and that
provided for the recovery of expenses by the Agency from the
Department of the Army.
(b) Source of Funds.--The transfer of funds authorized in subsection
(a) shall be made using funds authorized to be appropriated for fiscal
year 2011 for operation and maintenance for Environmental Restoration,
Army.
SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTIES IN CONNECTION WITH NAVAL AIR
STATION, BRUNSWICK, MAINE.
(a) Authority to Transfer Funds.--From amounts authorized to be
appropriated for fiscal year 2011 for the Department of Defense Base
Closure Account 2005, and notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense may transfer an amount of
not more than $153,000 to the Hazardous Substance Superfund established
under subchapter A of chapter 98 of the Internal Revenue Code of 1986.
(b) Purpose of Transfer.--The purpose of a transfer made under
subsection (a) is to satisfy a stipulated penalty assessed by the
Environmental Protection Agency on June 12, 2008, against Naval Air
Station, Brunswick, Maine, for the failure of the Navy to sample certain
monitoring wells in a timely manner pursuant to a schedule included in
the Federal facility agreement for Naval Air Station, Brunswick, which
was entered into by the Secretary of the Navy and the Administrator of
the Environmental Protection Agency on October 19, 1990.
(c) Acceptance of Payment.--If the Secretary of Defense makes a
transfer authorized under subsection (a), the Administrator of the
Environmental Protection Agency shall accept the amount transferred as
payment in full of the penalty referred to in subsection (b).
[[Page 4181]]
SEC. 313. REQUIREMENTS RELATED TO THE INVESTIGATION OF EXPOSURE TO
DRINKING WATER AT CAMP LEJEUNE, NORTH
CAROLINA.
(a) Findings.--Congress makes the following findings:
(1) The Department of the Navy and the Agency for Toxic
Substances and Disease Registry (hereinafter in this section
referred to as ``ATSDR'') have been working together for almost
two decades to identify the possible effects of exposure to
contaminated drinking water at Camp Lejeune, North Carolina.
(2) Multiple studies have been conducted, and are being
conducted, which require significant amounts of data and
historical documentation, requiring the Department of the Navy
and ATSDR to have close collaboration and open access to
information.
(3) In June 2010, the Department of the Navy and ATSDR
established the Camp Lejeune Data Mining Technical Workgroup to
identify and inventory information and data relevant to the
ongoing scientific research.
(b) Requirements.--
(1) <> ATSDR access to data.--By not later
than 90 days after the date of the enactment of this Act, the
Secretary of the Navy shall ensure that the inventory created by
the Camp Lejeune Data Mining Technical Workgroup is accurate and
complete and that ATSDR has full access to all of the documents
and data listed therein as needed.
(2) Availability of new and newly discovered documents.--If
after the date of enactment of this Act the Secretary of the
Navy generates any new document, record, or electronic data, or
comes into possession of any existing document, record, or
electronic data not previously provided in the Camp Lejeune Data
Mining Technical Workgroup, the Secretary of the Navy shall make
such information immediately available to ATSDR with an
electronic inventory incorporating the newly located or
generated document, record, or electronic data.
(3) <> Limitation on
adjudication of claims.--None of the funds authorized to be
appropriated by this Act for fiscal year 2011 may be used to
adjudicate any administrative claim filed with the Department of
the Navy regarding water contamination at Camp Lejeune, North
Carolina, until at least 45 days after the date on which the
Secretary of the Navy notifies the Committees on Armed Services
of the Senate and House of Representatives of the intention of
the Secretary to adjudicate the claim.
SEC. 314. COMPTROLLER GENERAL ASSESSMENT ON MILITARY ENVIRONMENTAL
EXPOSURES.
(a) Findings.--Congress makes the following findings:
(1) There have been various reports of the exposure of
current and former members of the Armed Forces, their
dependents, and civilian employees to environmental hazards
while living and working on military installations.
(2) There is the need to better understand existing
Department of Defense policies and procedures for addressing
possible environmental exposures at military installations,
determining any correlation between such an exposure and a
subsequent health condition, and handling claims and potential
compensation.
[[Page 4182]]
(3) While many of these possible exposures have been studied
and evaluated, the extent to which those exposures caused or
contributed to the short- and long-term health conditions of
current and former members of the Armed Forces, their
dependents, and civilian employees remains largely unknown.
(4) As for these possible exposures and the link between the
exposure and subsequent health conditions, there may be better
ways for the Federal Government to evaluate, address and, as
warranted, provide health benefits or possible compensation as a
remedy to these potential exposures.
(b) Comptroller General Assessment Required.--The Comptroller
General of the United States shall carry out an assessment of possible
exposures to environmental hazards on military installations that
includes the following:
(1) An identification of the policies and processes by which
the Department of Defense and the military departments respond
to environmental hazards on military installations and possible
exposures and determine if there is a standard framework.
(2) An identification of the existing processes available to
current and former members of the Armed Forces, their
dependents, and civilian employees to seek compensation and
health benefits for exposures to environmental hazards on
military installations.
(3) A comparison of the processes identified under paragraph
(2) with other potential options or methods for providing health
benefits or compensation to individuals for injuries that may
have resulted from environmental hazards on military
installations.
(4) An examination of what is known about the advantages and
disadvantages of other potential options or methods as well as
any shortfalls in the current processes.
(5) Recommendations for any administrative or legislative
action that the Comptroller General deems appropriate in the
context of the assessment.
(c) Report.--Not later than January 1, 2012, the Comptroller General
shall submit to the Chairmen and Ranking Members of the Committees on
Armed Services of the Senate and the House of Representatives a report
on the findings and recommendations, as appropriate, of the Comptroller
General with respect to the assessment conducted under subsection (b).
(d) <> Coordination.--In carrying out subsection
(b), the Comptroller General shall receive comments from the Secretary
of Defense and others, as appropriate.
(e) Construction.--Nothing in this section shall be interpreted to
impede, encroach, or delay--
(1) any studies, reviews, or assessments of any actual or
potential environmental exposures at any military installation,
including the studies included in the Agency for Toxic
Substances and Disease Registry's Annual Plan of Work regarding
the water contamination at Camp Lejeune, North Carolina;
(2) the Agency for Toxic Substances and Disease Registry's
statutory obligations, including its obligations under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) regarding
Superfund sites; or
[[Page 4183]]
(3) the remediation of any environmental contamination or
hazard at any military installation.
(f) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given that term in section
2801(c)(4) of title 10, United States Code.
Subtitle C--Workplace and Depot Issues
SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT FOR SERVICE CONTRACT
INVENTORY.
Section 2330a(c) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (1), in the matter preceding subparagraph
(A)--
(A) by striking the second sentence;
(B) by inserting after the first sentence the
following new sentence: <> ``The
guidance for compiling the inventory shall be issued by
the Under Secretary of Defense for Personnel and
Readiness, the Under Secretary of Defense (Comptroller),
and the Under Secretary of Defense for Acquisition,
Technology, and Logistics, as follows:''; and
(C) by inserting after the sentence added by
subparagraph (B) the following:
``(A) <> The Under Secretary of Defense
for Personnel and Readiness, as supported by the Under Secretary
of Defense (Comptroller), shall be responsible for developing
guidance for--
``(i) the collection of data regarding functions and
missions performed by contractors in a manner that is
comparable to the manpower data elements used in
inventories of functions performed by Department of
Defense employees; and
``(ii) the calculation of contractor manpower
equivalents in a manner that is comparable to the
calculation of full-time equivalents for use in
inventories of functions performed by Department of
Defense employees.
``(B) <> The Under Secretary of Defense
for Acquisition, Technology, and Logistics shall be responsible
for developing guidance on other data elements and implementing
procedures.'';
(3) by inserting after subparagraph (B) of paragraph (1), as
added by paragraph (2), the following:
``(2) The entry for an activity on an inventory under this
subsection shall include, for the fiscal year covered by such entry, the
following:''; and
(4) in paragraph (2), as redesignated by paragraph (3), by
striking subparagraph (E) and inserting the following new
subparagraph (E):
``(E) The number of contractor employees, expressed as full-
time equivalents for direct labor, using direct labor hours and
associated cost data collected from contractors (except that
estimates may be used where such data is not available and
cannot reasonably be made available in a timely manner for the
purpose of the inventory).''.
[[Page 4184]]
SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF FUNCTIONS PERFORMED
UNDER PRIME VENDOR CONTRACTS FOR DEPOT-
LEVEL MAINTENANCE AND REPAIR.
Section 346 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1979; 10 U.S.C. 2464
note) is repealed.
SEC. 323. <> PROHIBITION ON ESTABLISHING
GOALS OR QUOTAS FOR CONVERSION OF
FUNCTIONS TO PERFORMANCE BY DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Prohibition.--The Secretary of Defense may not establish, apply,
or enforce any numerical goal, target, or quota for the conversion of
Department of Defense functions to performance by Department of Defense
civilian employees, unless such goal, target, or quota is based on
considered research and analysis, as required by section 235, 2330a, or
2463 of title 10, United States Code.
(b) Decisions to Insource.--In deciding which functions should be
converted to performance by Department of Defense civilian employees
pursuant to section 2463 of title 10, United States Code, the Secretary
of Defense shall use the costing methodology outlined in the Directive-
Type Memorandum 09-007 (Estimating and Comparing the Full Costs of
Civilian and Military Manpower and Contractor Support) or any successor
guidance for the determination of costs when costs are the sole basis
for the decision. The Secretary of a military department may issue
supplemental guidance to assist in such decisions affecting functions of
that military department.
(c) Reports.--
(1) Report to congress.--Not later than March 31, 2011, the
Secretary of Defense shall submit to the congressional defense
committees a report on the decisions with respect to the
conversion of functions to performance by Department of Defense
civilian employees made during fiscal year 2010. Such report
shall identify, for each such decision--
(A) the agency or service of the Department involved
in the decision;
(B) the basis and rationale for the decision; and
(C) the number of contractor employees whose
functions were converted to performance by Department of
Defense civilian employees.
(2) Comptroller general review.--Not later than 120 days
after the submittal of the report under paragraph (1), the
Comptroller General of the United States shall submit to the
congressional defense committees an assessment of the report.
(d) Construction.--Nothing in this section shall be construed--
(1) to preclude the Secretary of Defense from establishing,
applying, and enforcing goals for the conversion of acquisition
functions and other critical functions to performance by
Department of Defense civilian employees, where such goals are
based on considered research and analysis; or
(2) to require the Secretary of Defense to conduct a cost
comparison before making a decision to convert any acquisition
function or other critical function to performance by Department
of Defense civilian employees, where factors other than cost
serve as a basis for the Secretary's decision.
[[Page 4185]]
Subtitle D--Reports
SEC. 331. ADDITIONAL REPORTING REQUIREMENTS RELATING TO CORROSION
PREVENTION PROJECTS AND ACTIVITIES.
Section 2228(e) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``The'' and
inserting ``For the fiscal year covered by the report
and the preceding fiscal year, the''; and
(B) by adding at the end the following new
subparagraph:
``(E) For the fiscal year covered by the report and the
preceding fiscal year, the amount of funds requested in the
budget for each project or activity described in subsection (d)
compared to the funding requirements for the project or
activity.'';
(2) in paragraph (2)(B), by inserting before the period at
the end the following: ``, including the annex to the report
described in paragraph (3)''; and
(3) by adding at the end the following new paragraph:
``(3) Each report under this section shall include, in an annex to
the report, a copy of the annual corrosion report most recently
submitted by the corrosion control and prevention executive of each
military department under section 903(b)(5) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4567; 10 U.S.C. 2228 note).''.
SEC. 332. MODIFICATION AND REPEAL OF CERTAIN REPORTING
REQUIREMENTS.
(a) Prioritization of Funds.--Subsection (a) of section 323 of the
John Warner National Defense Authorization Act for Fiscal Year 2007 (10
U.S.C. 229 note) is amended--
(1) in paragraph (1), by striking ``the global war on
terrorism'' and inserting ``overseas contingency operations'';
and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``units
transforming to modularity'' and inserting ``modular
units''; and
(B) in subparagraph (B), by striking ``2012'' and
inserting ``2015''.
(b) Budget Information.--Subsection (b) of such section is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``the global war on
terrorism'' and inserting ``overseas contingency
operations''; and
(ii) by inserting ``and'' at the end;
(B) in subparagraph (B)--
(i) in clause (i), by striking ``units
transforming to modularity'' and inserting
``modular units''; and
(ii) by striking ``; and'' at the end and
inserting a period; and
(C) by striking subparagraph (C); and
(2) by striking paragraph (3).
(c) Annual Report on Army Progress.--Subsection (c) of such section
is amended--
[[Page 4186]]
(1) by striking paragraphs (1), (2), (3), (4), (5), (6), and
(7);
(2) by redesignating paragraphs (8) and (9) as subparagraphs
(D) and (F), respectively;
(3) by submitting ``(1)'' before ``On the date'';
(4) in paragraph (1), as designated by paragraph (3) of this
subsection, by striking ``in meeting'' and all that follows
through ``shall be itemized'' and inserting ``in fulfilling the
key enabler equipment requirements of modular units and in
repairing, recapitalizing, and replacing equipment and materiel
used in support of overseas contingency operations underway as
of the date of such report, and associated sustainment. Any
information included in the report shall be itemized'';
(5) by striking ``Each such report'' and all that follows
through the colon and inserting the following:
``(2) Each such report shall include the following:
``(A) An assessment of the key enabler equipment and
personnel of the Army, including--
``(i) a comparison of--
``(I) the authorized level of key enabler
equipment;
``(II) the level of key enabler equipment on
hand; and
``(III) the planned purchases of key enabler
equipment as set forth in the future-years defense
program submitted with the budget for such fiscal
year;
``(ii) a comparison of the authorized and actual
personnel levels for personnel with key enabler
personnel specialities with the requirements for key
enabler personnel specialties;
``(iii) an identification of any shortfalls
indicated by the comparisons in clauses (i) and (ii);
and
``(iv) an assessment of the number and type of key
enabler equipment that the Army projects it will have on
hand by the end of such future-years defense program
that will require repair, recapitalization, or
replacement at or before the end of the time period
covered by such future-years defense program (which
assessment shall account for additional repair,
recapitalization, or replacement resulting from use of
key enabler equipment in overseas contingency
operations).
``(B) If an assessment under subparagraph (A) identifies
shortfalls that will exist within the period covered by the
future-years defense program submitted in such fiscal year, an
identification of the risks associated with such shortfalls and
mitigation strategies to address such risks.
``(C) A schedule for the accomplishment of the purposes set
forth in paragraph (1).'';
(6) in paragraph (2), as amended by paragraphs (2) and (5)
of this subsection, by inserting after subparagraph (D) the
following new subparagraph:
``(E) A description of the status of the development of
doctrine on how modular combat, functional, and support forces
will train, be sustained, and fight.''; and
(7) in subparagraph (F) of paragraph (2) as redesignated by
paragraphs (2) and (5) of this subsection, by striking
``paragraphs (1) through (8)'' and inserting ``subparagraphs (A)
through (E)''.
[[Page 4187]]
(d) Annual Comptroller General on Army Progress.--Subsection (d) of
such section <> is amended to read as follows:
``(d) Annual Comptroller General Report on Army Progress.--Not later
than 180 days after the date on which the Secretary of the Army submits
a report under subsection (c), the Comptroller General of the United
States shall submit to the congressional defense committees a report
setting forth the Comptroller General's review of such report. Each
report under this subsection shall include such information and
recommendations as the Comptroller General considers appropriate in
light of such review.''.
(e) Definitions.--Such section is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d), as amended by
subsection (d) of this section, the following new subsection
(e):
``(e) Definitions.--In this section:
``(1) The term `contingency operation' has the meaning given
that term in section 101(a)(13) of title 10, United States Code.
``(2) The term `key enabler', in the case of equipment or
personnel, means equipment or personnel, as the case may be,
that make a modular force or unit as capable or more capable
than the non-modular force or unit it replaced, including the
following:
``(A) Equipment such as tactical and high frequency
radio, tactical wheeled vehicles, battle command
systems, unmanned aerial vehicles, all-source analysis
systems, analysis and control elements, fire support
sensor systems, firefinder radar, joint network nodes,
long-range advanced scout surveillance systems, Trojan
Spirit systems (or any successor system), and any other
equipment items identified by the Army as making a
modular force or unit as capable or more capable than
the non-modular force or unit it replaced.
``(B) Personnel in specialties needed to operate or
support the equipment specified in subparagraph (A) and
personnel in specialties relating to civil affairs,
communication and information systems operation,
explosive ordinance disposal, military intelligence,
psychological operations, and any other personnel
specialties identified by the Army as making a modular
force or unit as capable or more capable than the non-
modular force or unit it replaced.''.
(f) Termination of Report Requirement.--Subsection (f) of such
section, as redesignated by subsection (e)(1) of this section, is
further amended by striking ``fiscal year 2012'' and inserting ``fiscal
year 2015''.
(g) Repeal of Report on Disposition of Reserve Equipment.--Title III
of the John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364) <> is amended by
striking section 349.
(h) Repeal of Report on Readiness of Ground Forces.--Title III of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) <> is amended by striking section 355.
SEC. 333. REPORT ON AIR SOVEREIGNTY ALERT MISSION.
(a) Report Required.--Not later than March 1, 2011, the Commander of
the United States Northern Command and the North
[[Page 4188]]
American Aerospace Defense Command shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the Air Sovereignty Alert (hereinafter in this section referred to as
``ASA'') mission and Operation Noble Eagle.
(b) Consultation.--The Commander shall consult with the Director of
the National Guard Bureau who shall review and provide independent
analysis and comments on the report required under subsection (a).
(c) Contents of Report.--The report required under subsection (a)
shall include each of the following:
(1) An evaluation of the ASA mission and of Operation Noble
Eagle.
(2) An evaluation of each of the following:
(A) The current ability to perform the ASA mission
with respect to training, equipment, and basing.
(B) Any current deficiencies in the ASA mission.
(C) Any changes in threats that would require any
change in training, equipment, and basing to effectively
support the ASA mission.
(D) An evaluation of whether the ASA mission is
fully resourced with respect to funding, personnel, and
aircraft.
(E) A description of the coverage of ASA and
Operation Noble Eagle units with respect to--
(i) population centers covered; and
(ii) targets of value covered, including
symbolic (including national monuments, sports
venues, and centers of commerce), critical
infrastructure (including power plants, ports,
dams, bridges, and telecommunication nodes), and
national security (including military bases and
organs of government) targets.
(F) An unclassified, notional area of responsibility
conforming to the unclassified response time of the unit
represented graphically on a map and detailing the total
population and number of targets of value covered, as
described in subparagraph (E).
(3) The status of the implementation of the recommendations
made in the Government Accountability Office report entitled
``Actions Needed to Improve Management of Air Sovereignty Alert
Operations to Protect U.S. Airspace'' (GAO-09-184).
(d) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 334. REPORT ON THE SEAD/DEAD MISSION REQUIREMENT FOR THE AIR
FORCE.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the Committee on Armed Services of the Senate and the Committee on Armed
Service of the House of Representatives a report describing the
feasibility and desirability of designating the Suppression of Enemy Air
Defenses/Destruction of Enemy Air Defenses (hereinafter in this section
referred to as ``SEAD/DEAD'') mission as a responsibility of the Air
National Guard.
(b) Contents of Report.--The report required under subsection (a)
shall include each of the following:
[[Page 4189]]
(1) An evaluation of the SEAD/DEAD mission, as in effect on
the date of the enactment of this Act.
(2) An evaluation of the following with respect to the SEAD/
DEAD mission:
(A) The current ability of the Air National Guard to
perform the mission with regards to training, equipment,
funding, and basing.
(B) Any current deficiencies of the Air National
Guard to perform the mission, including range
infrastructure or other improvements needed to support
peacetime training and readiness.
(C) The corrective actions and costs required to
address any deficiencies described in subparagraph (B).
(c) Consultation.--The Secretary of the Air Force shall consult with
the Director of the National Guard Bureau who shall review and provide
independent analysis and comments on the report required under
subsection (a).
SEC. 335. REQUIREMENT TO UPDATE STUDY ON STRATEGIC SEAPORTS.
The Commander of the United States Transportation Command shall
update the study entitled ``PORT LOOK 2008 Strategic Seaports Study''.
In updating the study under this section, the Commander shall consider
the infrastructure in the vicinity of a strategic port, including
bridges, roads, and rail, and any issues relating to the capacity and
condition of such infrastructure.
Subtitle E--Limitations and Extensions of Authority
SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE LANDING FEES
CHARGED FOR USE OF DOMESTIC MILITARY
AIRFIELDS BY CIVIL AIRCRAFT.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2697. Acceptance and use of landing fees charged for use of
domestic military airfields by civil aircraft
``(a) Authority.--The Secretary of a military department may impose
landing fees for the use by civil aircraft of domestic military
airfields under the jurisdiction of that Secretary and may use any fees
received under this section as a source of funding for the operation and
maintenance of airfields of that department.
``(b) Uniform Landing Fees.--The Secretary of Defense shall
prescribe the amount of the landing fees that may be imposed under this
section. Such fees shall be uniform among the military departments.
``(c) Use of Proceeds.--Amounts received for a fiscal year in
payment of landing fees imposed under this section for the use of a
military airfield shall be credited to the appropriation that is
available for that fiscal year for the operation and maintenance of that
military airfield, shall be merged with amounts in the appropriation to
which credited, and shall be available for that military airfield for
the same period and purposes as the appropriation is available.
``(d) <> Limitation.--The Secretary of a
military department shall determine whether consideration for a landing
fee has been received
[[Page 4190]]
in a lease, license, or other real estate agreement for an airfield and
shall use such a determination to offset appropriate amounts imposed
under subsection (a) for that airfield.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2697. Acceptance and use of landing fees charged for use of domestic
military airfields by civil aircraft.''.
SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (Public Law 106-398; 10 U.S.C. 4551 note), as
amended by section 341 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 69) and section 354 of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2264), is further <>
amended--
(1) in subsection (a), by striking ``2011'' and inserting
``2012''; and
(2) in subsection (g)(1), by striking ``2011'' and inserting
``2012''.
SEC. 343. LIMITATION ON OBLIGATION OF FUNDS FOR THE ARMY HUMAN
TERRAIN SYSTEM.
(a) Limitation.--Of the amounts authorized to be appropriated for
the Human Terrain System (hereinafter in this section referred to as the
``HTS'') that are described in subsection (b), not more than 85 percent
of the amounts remaining unobligated as of the date of enactment of this
Act may be obligated until the Secretary of the Army submits to the
congressional defense committees each of the following:
(1) A validation of all HTS requirements, including any
prior joint urgent operational needs statements.
(2) <> A certification that policies,
procedures, and guidance are in place to protect the integrity
of social science researchers participating in HTS, including
ethical guidelines and human studies research procedures.
(b) Covered Authorizations or Appropriations.--The amounts
authorized to be appropriated described in this subsection are amounts
authorized to be appropriated for fiscal year 2011, including such
amounts authorized to be appropriated for oversees contingency
operations, for--
(1) operation and maintenance for HTS;
(2) procurement for Mapping the Human Terrain hardware and
software; and
(3) research, development, test, and evaluation for Mapping
the Human Terrain hardware and software.
SEC. <> 344. LIMITATION ON OBLIGATION OF
FUNDS PENDING SUBMISSION OF CLASSIFIED
JUSTIFICATION MATERIAL.
Of the amounts authorized to be appropriated in this title for
fiscal year 2011 for the Office of the Secretary of Defense, of the
amount that corresponds with budget activity four, line 270, in the
budget transmitted to Congress by the President for fiscal year 2011,
not more than 90 percent may be obligated until 15 days after the
information cited in the classified annex accompanying this Act relating
to the provision of classified justification
[[Page 4191]]
material to Congress is provided to the congressional defense
committees.
SEC. 345. <> REQUIREMENTS FOR
TRANSFERRING AIRCRAFT WITHIN THE AIR FORCE
INVENTORY.
(a) <> Requirements.--In proposing the transfer
of ownership of any aircraft from ownership by a reserve component of
the Air Force to ownership by a regular component of the Air Force,
including such a transfer to be made on a temporary basis, the Secretary
of the Air Force shall ensure that a written agreement regarding such
transfer of ownership has been entered into between the Director of the
Air National Guard, the Commander of the Air Force Reserve Command, and
the Chief of Staff of the Air Force. Any such agreement shall specify
each of the following:
(1) The number of and type of aircraft to be transferred.
(2) In the case of any aircraft transferred on a temporary
basis--
(A) the schedule under which the aircraft will be
returned to the ownership of the reserve component;
(B) a description of the condition, including the
estimated remaining service life, in which any such
aircraft will be returned to the reserve component; and
(C) a description of the allocation of resources,
including the designation of responsibility for funding
aircraft operation and maintenance and a detailed
description of budgetary responsibilities, for the
period for which the ownership of the aircraft is
transferred to the regular component.
(3) The designation of responsibility for funding depot
maintenance requirements or modifications to the aircraft
generated as a result of the transfer, including any such
requirements and modifications required during the period for
which the ownership of the aircraft is transferred to the
regular component.
(4) Any location from which the aircraft will be
transferred.
(5) The effects on manpower that such a transfer may have at
any facility identified under paragraph (4).
(6) The effects on the skills and proficiencies of the
reserve component personnel affected by the transfer.
(7) Any other items the Director of the Air National Guard
or the Commander of the Air Force Reserve Command determines are
necessary in order to execute such a transfer.
(b) Submittal of Agreements to Congress.--The Secretary of the Air
Force may not take any action to transfer the ownership of an aircraft
as described in subsection (a) until the Secretary submits to the
congressional defense committees an agreement entered into pursuant to
such subsection regarding the transfer of ownership of the aircraft.
SEC. 346. <> COMMERCIAL SALE OF SMALL
ARMS AMMUNITION IN EXCESS OF MILITARY
REQUIREMENTS.
(a) Commercial Sale of Small Arms Ammunition.--Small arms ammunition
and ammunition components in excess of military requirements, including
fired cartridge cases, which are not otherwise prohibited from
commercial sale or certified by the Secretary of Defense as
unserviceable or unsafe, may not be demilitarized or destroyed and shall
be made available for commercial sale.
[[Page 4192]]
(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.
Subtitle F--Other Matters
SEC. 351. EXPEDITED PROCESSING OF BACKGROUND INVESTIGATIONS FOR
CERTAIN INDIVIDUALS.
(a) Expedited Processing of Security Clearances.--Section 1564 of
title 10, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Expedited Process.--The Secretary of Defense may prescribe a
process for expediting the completion of the background investigations
necessary for granting security clearances for--
``(1) Department of Defense personnel and Department of
Defense contractor personnel who are engaged in sensitive duties
that are critical to the national security; and
``(2) any individual who--
``(A) submits an application for a position as an
employee of the Department of Defense for which--
``(i) the individual is qualified; and
``(ii) a security clearance is required; and
``(B) is--
``(i) a member of the armed forces who was
retired or separated, or is expected to be retired
or separated, for physical disability pursuant to
chapter 61 of this title;
``(ii) the spouse of a member of the armed
forces who retires or is separated, after the date
of the enactment of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011,
for a physical disability as a result of a wound,
injuries or illness incurred or aggravated in the
line of duty (as determined by the Secretary
concerned); or
``(iii) the spouse of a member of the armed
forces who dies, after the date of the enactment
of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011, as a result of a wound,
injury, or illness incurred or aggravated in the
line of duty (as determined by the Secretary
concerned).''; and
(2) by adding at the end the following new subsection:
``(f) Use of Appropriated Funds.--The Secretary of Defense may use
funds authorized to be appropriated to the Department of Defense for
operation and maintenance to conduct background
[[Page 4193]]
investigations under this section for individuals described in
subsection (a)(2).''.
(b) <> Effective Date.--The amendments
made by subsection (a) shall apply with respect to a background
investigation conducted after the date of the enactment of this Act.
SEC. 352. REVISION TO AUTHORITIES RELATING TO TRANSPORTATION OF
CIVILIAN PASSENGERS AND COMMERCIAL CARGOES
BY DEPARTMENT OF DEFENSE WHEN SPACE
UNAVAILABLE ON COMMERCIAL LINES.
(a) Transportation on DOD Vehicles and Aircraft.--Subsection (a) of
section 2649 of title 10, United States Code, is amended--
(1) by inserting ``Authority.--'' before ``Whenever''; and
(2) by inserting ``, vehicles, or aircraft'' in the first
sentence after ``vessels'' both places it appears.
(b) Amounts Charged for Transportation in Emergency, Disaster, or
Humanitarian Response Cases.--
(1) Limitation on amounts charged.--The second sentence of
subsection (a) of such section is amended by inserting before
the period the following: ``, except that in the case of
transportation provided in response to an emergency, a disaster,
or a request for humanitarian assistance, any amount charged for
such transportation may not exceed the cost of providing the
transportation''.
(2) Crediting of receipts.--Subsection (b) of such section
is amended by striking ``Amounts'' and inserting ``Crediting of
Receipts.--Any amount received under this section with respect
to transportation provided in response to an emergency, a
disaster, or a request for humanitarian assistance may be
credited to the appropriation, fund, or account used in
incurring the obligation for which such amount is received. In
all other cases, amounts''.
(c) Transportation During Contingencies or Disaster Responses.--Such
section is further amended by adding at the end the following new
subsection:
``(c) Transportation of Allied Personnel During Contingencies or
Disaster Responses.--During the 5-year period beginning on the date of
the enactment of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011, when space is available on vessels, vehicles, or
aircraft operated by the Department of Defense and the Secretary of
Defense determines that operations in the area of a contingency
operation or disaster response would be facilitated if allied forces or
civilians were to be transported using such vessels, vehicles, or
aircraft, the Secretary may provide such transportation on a
noninterference basis, without charge.''.
(d) Conforming Amendment.--Section 2648 of such title is amended by
inserting ``, vehicles, or aircraft'' after ``vessels'' in the matter
preceding paragraph (1).
(e) Technical Amendments.--
(1) The heading of section 2648 of such title is amended to
read as follows:
[[Page 4194]]
``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.''.
SEC. 353. TECHNICAL CORRECTION TO OBSOLETE REFERENCE RELATING TO
USE OF FLEXIBLE HIRING AUTHORITY TO
FACILITATE PERFORMANCE OF CERTAIN
DEPARTMENT OF DEFENSE FUNCTIONS BY
CIVILIAN EMPLOYEES.
Section 2463(d)(1) of title 10, United States Code, is amended by
striking ``under the National Security Personnel System, as
established''.
SEC. 354. AUTHORITY FOR PAYMENT OF FULL REPLACEMENT VALUE FOR LOSS
OR DAMAGE TO HOUSEHOLD GOODS IN LIMITED
CASES NOT COVERED BY CARRIER LIABILITY.
(a) Claims Authority.--
(1) In general.--Chapter 163 of title 10, United States
Code, is amended by adding at the end the following new section:
``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, in paying a claim under section 3721 of title 31 arising
from loss or damage to household goods stored or transported at the
expense of the Department of Defense, may pay the claim on the basis of
full replacement value in any of the following cases in which
reimbursement for the full replacement value for the loss or damage is
not available directly from a carrier under section 2636a of this title:
``(1) A case in which--
``(A) the lost or damaged goods were stored or
transported under a contract, tender, or solicitation in
accordance with section 2636a of this title that
requires the transportation service provider to settle
claims on the basis of full replacement value; and
``(B) the loss or damage occurred under
circumstances that exclude the transportation service
provider from liability.
``(2) A case in which--
``(A) the loss or damage occurred while the lost or
damaged goods were in the possession of an ocean carrier
that was transporting, loading, or unloading the goods
[[Page 4195]]
under a Department of Defense contract for ocean
carriage; and
``(B) the land-based portions of the transportation
were under contracts, in accordance with section 2636a
of this title, that require the land carriers to settle
claims on the basis of full replacement value.
``(3) A case in which--
``(A) the lost or damaged goods were transported or
stored under a contract or solicitation that requires at
least one of the transportation service providers or
carriers that handled the shipment to settle claims on
the basis of full replacement value pursuant to section
2636a of this title;
``(B) the lost or damaged goods have been in the
custody of more than one independent contractor or
transportation service provider; and
``(C) a claim submitted to the delivering
transportation service provider or carrier is denied in
whole or in part because the loss or damage occurred
while the lost or damaged goods were in the custody of a
prior transportation service provider or carrier or
government entity.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2740. Property loss: reimbursement of members and civilian employees
for full replacement value of household effects when
contractor reimbursement not available.''.
(b) <> Effective Date.--Section 2740 of
title 10, United States Code, as added by subsection (a), shall apply
with respect to losses incurred after the date of the enactment of this
Act.
SEC. 355. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT OF DEFENSE
PROPERTY.
(a) In General.--Chapter 165 of title 10, United States Code, is
amended by adding at the end the following new section:
``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 material violation of subsection (a), any
Federal, State, or local law enforcement official may seize the property
wherever found. Unless an exception to the warrant requirement under the
fourth amendment to the Constitution applies, seizure may be made only--
``(1) pursuant to--
[[Page 4196]]
``(A) a warrant issued by the district court of the
United States for the district in which the property is
located, or for the district in which the person in
possession of the property resides or is subject to
service; or
``(B) pursuant to an order by such court, issued
after a determination of improper transfer under
subsection (e); and
``(2) after such a court has issued such a warrant or order.
``(d) Inapplicability to Certain Property.--Subsections (b) and (c)
shall not apply to--
``(1) property on public display by public or private
collectors or museums in secured exhibits; or
``(2) property in the collection of any museum or veterans
organization or held in a private collection for the purpose of
public display, provided that any such property, the possession
of which could undermine national security or create a hazard to
public health or safety, has been fully demilitarized.
``(e) Determinations of Violations.--(1) The district court of the
United States for the district in which the property is located, or the
district in which the person in possession of the property resides or is
subject to service, shall have jurisdiction, regardless of the current
approximated or estimated value of the property, to determine whether
property was disposed of in violation of subsection (a). Any such
determination shall be by a preponderance of the evidence.
``(2) <> Except as provided in paragraph (3), in
the case of property, the possession of which could undermine national
security or create a hazard to public health or safety, the
determination under paragraph (1) may be made after the seizure of the
property, as long as the United States files an action seeking such
determination within 90 days after seizure of the property. If the
person from whom the property is seized is found to have been lawfully
in possession of the property and the return of the property could
undermine national security or create a hazard to public health or
safety, the Secretary of Defense shall reimburse the person for the
market value for the property.
``(3) Paragraph (2) shall not apply to any firearm, ammunition, or
ammunition component, or firearm part or accessory that is not
prohibited for commercial sale.
``(f) Delivery of Seized Property.--Any law enforcement official who
seizes property under subsection (c) and is not authorized to retain it
for the United States shall deliver the property to an authorized member
of the armed forces or other authorized official of the Department of
Defense or the Department of Justice.
``(g) Scope of Enforcement.--This section shall apply to the
following:
``(1) Any military or Department of Defense property
disposed of on or after the date of the enactment of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011
in a manner that is not in accordance with statutes and
regulations governing Government property in effect at the time
of the disposal of such property.
``(2) Any significant military equipment disposed of on or
after January 1, 2002, in a manner that is not in accordance
with statutes and regulations governing Government property in
effect at the time of the disposal of such significant military
equipment.
[[Page 4197]]
``(h) Rule of Construction.--The authority of this section is in
addition to any other authority of the United States with respect to
property to which the United States may have right or title.
``(i) Definitions.--In this section:
``(1) The term `significant military equipment' means
defense articles on the United States Munitions List for which
special export controls are warranted because of their capacity
for substantial military utility or capability.
``(2) The term `museum' has the meaning given that term in
section 273(1) of the Museum Services Act (20 U.S.C. 9172(1)).
``(3) The term `fully demilitarized' means, with respect to
equipment or material, the destruction of the military offensive
or defensive advantages inherent in the equipment or material,
including, at a minimum, the destruction or disabling of key
points of such equipment or material, such as the fuselage, tail
assembly, wing spar, armor, radar and radomes, armament and
armament provisions, operating systems and software, and
classified items.
``(4) The term `veterans organization' means any
organization recognized by the Secretary of Veterans Affairs for
the representation of veterans under section 5902 of title
38.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 165 of such title is amended by inserting after the item
relating to section 2789 the following new item:
``2790. Recovery of improperly disposed of Department of Defense
property.''.
SEC. 356. <> OPERATIONAL READINESS MODELS.
(a) <> Review of Models.--Not later than September
30, 2011, the Director of the Congressional Budget Office shall conduct
a study to identify, compare, and contrast the budget preparation tools
and models used by each of the military departments to determine funding
levels for operational readiness requirements during the programming,
planning, budgeting, and execution process and report the findings to
the congressional defense committees. In carrying out such study, the
Director shall--
(1) assess whether any additional or alternative verified
and validated operational readiness model used by any military
department for budgeting for flying or ground equipment hours,
steaming days, equipment operations, equipment maintenance, and
depot maintenance should be incorporated into the budget process
of that military department; and
(2) identify any shortcomings or deficiencies in the
approach of each military department in building the operational
readiness budget for that department.
(b) Congressional Briefing.--Not later than April 1, 2012, in
conjunction with the submission by the Secretary of Defense of the
budget justification documents for fiscal year 2013, the Secretaries of
each of the military departments, or designated representatives thereof,
shall brief the congressional defense committees on their respective
responses to the study conducted by the Director of the Congressional
Budget Office. Each such briefing shall include--
(1) a description of how the military department concerned
plans to address any deficiencies in the development of the
[[Page 4198]]
operational readiness budget of such department identified in
the study; and
(2) a description of how the modeling tools identified in
the study could be used by the military department to improve
the development of the operational readiness budget for the
department.
SEC. 357. SENSE OF CONGRESS REGARDING CONTINUED IMPORTANCE OF
HIGH-ALTITUDE AVIATION TRAINING SITE,
COLORADO.
(a) Findings.--Congress makes the following findings:
(1) The High-Altitude Aviation Training Site in Gypsum,
Colorado, is the only Department of Defense aviation school that
provides an opportunity for rotor-wing military pilots to train
in high-altitude, mountainous terrain, under full gross weight
and power management operations.
(2) The High-Altitude Aviation Training Site is operated by
the Colorado Army National Guard and is available to pilots of
all branches of the Armed Forces and to pilots of allied
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the High-Altitude Army Aviation Training Site continues
to be critically important to ensuring the readiness and
capabilities of rotor-wing military pilots; and
(2) the Department of Defense should take all appropriate
actions to prevent encroachment on the High-Altitude Army
Aviation Training Site.
SEC. 358. <> STUDY OF EFFECTS OF NEW
CONSTRUCTION OF OBSTRUCTIONS ON MILITARY
INSTALLATIONS AND OPERATIONS.
(a) Objective.--It shall be an objective of the Department of
Defense to ensure that the robust development of renewable energy
sources and the increased resiliency of the commercial electrical grid
may move forward in the United States, while minimizing or mitigating
any adverse impacts on military operations and readiness.
(b) Designation of Senior Official and Lead Organization.--
(1) <> Designation.--Not later than 30
days after the date of the enactment of this Act, the Secretary
of Defense shall designate a senior official of the Department
of Defense, and a lead organization of the Department of
Defense, to--
(A) serve as the executive agent to carry out the
review required by subsection (d);
(B) serve as a clearinghouse to coordinate
Department of Defense review of applications for
projects filed with the Secretary of Transportation
pursuant to section 44718 of title 49, United States
Code, and received by the Department of Defense from the
Secretary of Transportation; and
(C) accelerate the development of planning tools
necessary to determine the acceptability to the
Department of Defense of proposals included in an
application for a project submitted pursuant to such
section.
(2) Resources.--The Secretary shall ensure that the senior
official and lead organization designated under paragraph (1)
are assigned such personnel and resources as the Secretary
considers appropriate to carry out this section.
(c) <> Initial Actions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense,
acting
[[Page 4199]]
through the senior official and lead organization designated pursuant to
subsection (b), shall--
(1) conduct a preliminary review of each application for a
project filed with the Secretary of Transportation pursuant to
section 44718 of title 49, United States Code, that may have an
adverse impact on military operations and readiness, unless such
project has been granted a determination of no hazard. Such
review shall, at a minimum, for each such project--
(A) assess the likely scope and duration of any
adverse impact of such project on military operations
and readiness; and
(B) identify any feasible and affordable actions
that could be taken in the immediate future by the
Department, the developer of such project, or others to
mitigate such adverse impact and to minimize risks to
national security while allowing such project to proceed
with development;
(2) develop, in coordination with other departments and
agencies of the Federal Government, an integrated review process
to ensure timely notification and consideration of projects
filed with the Secretary of Transportation pursuant to section
44718 of title 49, United States Code, that may have an adverse
impact on military operations and readiness;
(3) <> establish procedures for the
Department of Defense for the coordinated consideration of and
response to a request for a review received from State and local
officials or the developer of a renewable energy development or
other energy project, including guidance to personnel at each
military installation in the United States on how to initiate
such procedures and ensure a coordinated Department response
while seeking to fulfil the objective under subsection (a); and
(4) <> develop procedures for conducting
early outreach to parties carrying out projects filed with the
Secretary of Transportation pursuant to section 44718 of title
49, United States Code, that could have an adverse impact on
military operations and readiness, and to the general public, to
clearly communicate notice on actions being taken by the
Department of Defense under this section and to receive comments
from such parties and the general public on such actions.
(d) Comprehensive Review.--
(1) <> Strategy required.--Not later than
270 days after the date of the enactment of this Act, the
Secretary of Defense, acting through the senior official and
lead organization designated pursuant to subsection (b), shall
develop a comprehensive strategy for addressing the military
impacts of projects filed with the Secretary of Transportation
pursuant to section 44718 of title 49, United States Code.
(2) Elements.--In developing the strategy required by
paragraph (1), the Secretary of Defense shall--
(A) assess of the magnitude of interference posed by
projects filed with the Secretary of Transportation
pursuant to section 44718 of title 49, United States
Code;
(B) identify geographic areas selected as proposed
locations for projects filed, or which may be filed in
the future, with the Secretary of Transportation
pursuant to section 44718 of title 49, United States
Code, where such projects could have an adverse impact
on military operations and
[[Page 4200]]
readiness and categorize the risk of adverse impact in
such areas as high, medium, or low for the purpose of
informing early outreach efforts under subsection (c)(4)
and preliminary assessments under subsection (e); and
(C) specifically identify feasible and affordable
long-term actions that may be taken to mitigate adverse
impacts of projects filed, or which may be filed in the
future, with the Secretary of Transportation pursuant to
section 44718 of title 49, United States Code, on
military operations and readiness, including--
(i) investment priorities of the Department of
Defense with respect to research and development;
(ii) modifications to military operations to
accommodate applications for such projects;
(iii) recommended upgrades or modifications to
existing systems or procedures by the Department
of Defense;
(iv) acquisition of new systems by the
Department and other departments and agencies of
the Federal Government and timelines for fielding
such new systems; and
(v) modifications to the projects for which
such applications are filed, including changes in
size, location, or technology.
(e) Department of Defense Hazard Assessment.--
(1) <> Preliminary assessment.--The
procedures established pursuant to subsection (c) shall ensure
that not later than 30 days after receiving a proper application
for a project filed with the Secretary of Transportation
pursuant to section 44718 of title 49, United States Code, the
Secretary of Defense shall review the project and provide a
preliminary assessment of the level of risk of adverse impact on
military operations and readiness that would arise from the
project and the extent of mitigation that may be needed to
address such risk.
(2) Determination of unacceptable risk.--The procedures
established pursuant to subsection (c) shall ensure that the
Secretary of Defense does not object to a project filed with the
Secretary of Transportation pursuant to section 44718 of title
49, United States Code, except in a case in which the Secretary
of Defense determines, after giving full consideration to
mitigation actions identified pursuant to this section, that
such project would result in an unacceptable risk to the
national security of the United States.
(3) <> Congressional notice
requirement.--Not later than 30 days after making a
determination of unacceptable risk under paragraph (2), the
Secretary of Defense shall submit to the congressional defense
committees a report on such determination and the basis for such
determination. Such a report shall include an explanation of the
operational impact that led to the determination, a discussion
of the mitigation options considered, and an explanation of why
the mitigation options were not feasible or did not resolve the
conflict.
(4) Non-delegation of determinations.--The responsibility
for making a determination of unacceptable risk under paragraph
(2) may only be delegated to an appropriate senior officer of
the Department of Defense, on the recommendation of the senior
official designated pursuant to subsection (b).
[[Page 4201]]
The following individuals are appropriate senior officers of the
Department of Defense for the purposes of this paragraph:
(A) The Deputy Secretary of Defense.
(B) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(C) The Principal Deputy Under Secretary of Defense
for Acquisition, Technology, and Logistics.
(f) Reports.--
(1) Report to congress.--Not later than March 15 each year
from 2011 through 2015, the Secretary of Defense shall submit to
the congressional defense committees a report on the actions
taken by the Department of Defense during the preceding year to
implement this section and the comprehensive strategy developed
pursuant to this section.
(2) Contents of report.--Each report submitted under
paragraph (1) shall include--
(A) the results of a review carried out by the
Secretary of Defense of any projects filed with the
Secretary of Transportation pursuant to section 44718 of
title 49, United States Code--
(i) that the Secretary of Defense has
determined would result in an unacceptable risk to
the national security; and
(ii) for which the Secretary of Defense has
recommended to the Secretary of Transportation
that a hazard determination be issued;
(B) an assessment of the risk associated with the
loss or modifications of military training routes and a
quantification of such risk;
(C) an assessment of the risk associated with solar
power and similar systems as to the effects of glint on
military readiness;
(D) an assessment of the risk associated with
electromagnetic interference on military readiness,
including the effects of testing and evaluation ranges;
(E) an assessment of any risks posed by the
development of projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49,
United States Code, to the prevention of threats and
aggression directed toward the United States and its
territories; and
(F) a description of the distance from a military
installation that the Department of Defense will use to
prescreen applicants under section 44718 of title 49,
United States Code.
(g) Authority to Accept Contributions of Funds.--The Secretary of
Defense is authorized to accept a voluntary contribution of funds from
an applicant for a project filed with the Secretary of Transportation
pursuant to section 44718 of title 49, United States Code. Amounts so
accepted shall be available for the purpose of offsetting the cost of
measures undertaken by the Secretary of Defense to mitigate adverse
impacts of such project on military operations and readiness.
(h) Effect of Department of Defense Hazard Assessment.--An action
taken pursuant to this section shall not be considered to be a
substitute for any assessment or determination required of the Secretary
of Transportation under section 44718 of title 49, United States Code.
[[Page 4202]]
(i) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply with,
any environmental law, including the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(j) Definitions.--In this section:
(1) The term ``military training route'' means a training
route developed as part of the Military Training Route Program,
carried out jointly by the Federal Aviation Administration and
the Secretary of Defense, for use by the Armed Forces for the
purpose of conducting low-altitude, high-speed military
training.
(2) The term ``military installation'' has the meaning given
that term in section 2801(c)(4) of title 10, United States Code.
(3) The term ``military readiness'' includes any training or
operation that could be related to combat readiness, including
testing and evaluation activities.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2011 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
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.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 547,400.
``(2) For the Navy, 324,300.
``(3) For the Marine Corps, 202,100.
``(4) For the Air Force, 332,200.''.
[[Page 4203]]
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.
[[Page 4204]]
(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 to the Department of Defense for military personnel for
fiscal year 2011 a total of $138,540,700,000.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal year
2011.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Ages for appointment and mandatory retirement for health
professions officers.
[[Page 4205]]
Sec. 502. Authority for appointment of warrant officers in the grade of
W-1 by commission and standardization of warrant officer
appointing authority.
Sec. 503. Nondisclosure of information from discussions, deliberations,
notes, and records of special selection boards.
Sec. 504. Administrative removal of officers from promotion list.
Sec. 505. Modification of authority for officers selected for
appointment to general and flag officer grades to wear
insignia of higher grade before appointment.
Sec. 506. Temporary authority to reduce minimum length of active service
as a commissioned officer required for voluntary retirement
as an officer.
Subtitle B--Reserve Component Management
Sec. 511. Removal of statutory distribution limits on Navy reserve flag
officer allocation.
Sec. 512. Assignment of Air Force Reserve military technicians (dual
status) to positions outside Air Force Reserve unit program.
Sec. 513. Temporary authority for temporary employment of non-dual
status military technicians.
Sec. 514. Revision of structure and functions of the Reserve Forces
Policy Board.
Sec. 515. Repeal of requirement for new oath when officer transfers from
active-duty list to reserve active-status list.
Sec. 516. Leave of members of the reserve components of the Armed
Forces.
Sec. 517. Direct appointment of graduates of the United States Merchant
Marine Academy into the National Guard.
Subtitle C--Joint Qualified Officers and Requirements
Sec. 521. Technical revisions to definition of joint matters for
purposes of joint officer management.
Sec. 522. Modification of promotion board procedures for joint qualified
officers and officers with Joint Staff experience.
Subtitle D--General Service Authorities
Sec. 531. Extension of temporary authority to order retired members of
the Armed Forces to active duty in high-demand, low-density
assignments.
Sec. 532. Non-chargeable rest and recuperation absence for certain
members undergoing extended deployment to a combat zone.
Sec. 533. Correction of military records.
Sec. 534. Disposition of members found to be fit for duty who are not
suitable for deployment or worldwide assignment for medical
reasons.
Sec. 535. Review of laws, policies, and regulations restricting service
of female members of the Armed Forces.
Subtitle E--Military Justice and Legal Matters
Sec. 541. Continuation of warrant officers on active duty to complete
disciplinary action.
Sec. 542. Enhanced authority to punish contempt in military justice
proceedings.
Sec. 543. Improvements to Department of Defense domestic violence
programs.
Subtitle F--Member Education and Training Opportunities and
Administration
Sec. 551. Enhancements of Department of Defense undergraduate nurse
training program.
Sec. 552. Repayment of education loan repayment benefits.
Sec. 553. Participation of Armed Forces Health Professions Scholarship
and Financial Assistance Program recipients in active duty
health profession loan repayment program.
Sec. 554. Active duty obligation for military academy graduates who
participate in the Armed Forces Health Professions
Scholarship and Financial Assistance program.
Subtitle G--Defense Dependents' Education
Sec. 561. Enrollment of dependents of members of the Armed Forces who
reside in temporary housing in Department of Defense domestic
dependent elementary and secondary schools.
Sec. 562. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 563. Impact aid for children with severe disabilities.
Subtitle H--Decorations and Awards
Sec. 571. Clarification of persons eligible for award of bronze star
medal.
[[Page 4206]]
Sec. 572. Authorization and request for award of Distinguished-Service
Cross to Shinyei Matayoshi for acts of valor during World War
II.
Sec. 573. Authorization and request for award of Distinguished-Service
Cross to Jay C. Copley for acts of valor during the Vietnam
War.
Sec. 574. Program to commemorate 60th anniversary of the Korean War.
Subtitle I--Military Family Readiness Matters
Sec. 581. Appointment of additional members of Department of Defense
Military Family Readiness Council.
Sec. 582. Enhancement of community support for military families with
special needs.
Sec. 583. Modification of Yellow Ribbon Reintegration Program.
Sec. 584. Expansion and continuation of Joint Family Support Assistance
Program.
Sec. 585. Report on military spouse education programs.
Sec. 586. Report on enhancing benefits available for military dependent
children with special education needs.
Sec. 587. Reports on child development centers and financial assistance
for child care for members of the Armed Forces.
Subtitle J--Other Matters
Sec. 591. Authority for members of the Armed Forces and Department of
Defense and Coast Guard civilian employees and their families
to accept gifts from non-Federal entities.
Sec. 592. Increase in number of private sector civilians authorized for
admission to National Defense University.
Sec. 593. Admission of defense industry civilians to attend United
States Air Force Institute of Technology.
Sec. 594. Updated terminology for Army Medical Service Corps.
Sec. 595. Date for submission of annual report on Department of Defense
STARBASE Program.
Sec. 596. Extension of deadline for submission of final report of
Military Leadership Diversity Commission.
Subtitle A--Officer Personnel Policy Generally
SEC. 501. AGES FOR APPOINTMENT AND MANDATORY RETIREMENT FOR HEALTH
PROFESSIONS OFFICERS.
(a) Age for Original Appointment as Health Professions Officer.--
Section 532(d)(2) of title 10, United States Code, is amended by
striking ``reserve''.
(b) Mandatory Retirement Age for Health Professions Officers.--
(1) Additional categories of officers eligible for deferral
of mandatory retirement for age.--Paragraph (2) of section
1251(b) of such title is amended--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(D) an officer in a category of officers designated by the
Secretary of the military department concerned for the purposes
of this paragraph as consisting of officers whose duties consist
primarily of--
``(i) providing health care;
``(ii) performing other clinical care; or
``(iii) performing health care-related
administrative duties.''.
(2) Conforming amendment.--Paragraph (1) of such section is
amended by striking ``the officer will be performing duties
consisting primarily of providing patient care or performing
other clinical duties.'' and inserting ``the officer--
[[Page 4207]]
``(A) will be performing duties consisting primarily of
providing patient care or performing other clinical duties; or
``(B) is in a category of officers designated under
subparagraph (D) of paragraph (2) whose duties will consist
primarily of the duties described in clause (i), (ii), or (iii)
of such subparagraph.''.
SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OFFICERS IN THE
GRADE OF W-1 BY COMMISSION AND
STANDARDIZATION OF WARRANT OFFICER
APPOINTING AUTHORITY.
(a) Regular Officers.--
(1) Authority for appointments by commission in warrant
officer w-1 grade.--The first sentence of section 571(b) of
title 10, United States Code, is amended by striking ``by the
Secretary concerned'' and inserting ``, except that with respect
to an armed force under the jurisdiction of the Secretary of a
military department, the Secretary concerned may provide by
regulation that appointments in that grade in that armed force
shall be made by commission''.
(2) <> Appointing authority.--The second
sentence of such section is amended by inserting before the
period at the end the following: ``, and appointments (whether
by warrant or commission) in the grade of regular warrant
officer, W-1, shall be made by the President, except that
appointments in that grade in the Coast Guard shall be made by
the Secretary concerned''.
(b) Reserve Officers.--Subsection (b) of section 12241 of such title
is amended to read as follows:
``(b) Appointments in permanent reserve warrant officer grades shall
be made in the same manner as is prescribed for regular warrant officer
grades by section 571(b) of this title.''.
(c) <> Presidential
Functions.--Except as otherwise provided by the President by Executive
order, the provisions of Executive Order 13384 (10 U.S.C. 531 note)
relating to the functions of the President under the second sentence of
section 571(b) of title 10, United States Code, shall apply in the same
manner to the functions of the President under section 12241(b) of title
10, United States Code.
SEC. 503. NONDISCLOSURE OF INFORMATION FROM DISCUSSIONS,
DELIBERATIONS, NOTES, AND RECORDS OF
SPECIAL SELECTION BOARDS.
(a) Nondisclosure of Board Proceedings.--Section 613a of title 10,
United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Prohibition on Disclosure.--The proceedings of a selection
board convened under section 573, 611, or 628 of this title may not be
disclosed to any person not a member of the board, except as authorized
or required to process the report of the board. This prohibition is a
statutory exemption from disclosure, as described in section 552(b)(3)
of title 5.'';
(2) in subsection (b), by striking ``and Records'' and
inserting ``Notes, and Records''; and
(3) by adding at the end the following new subsection:
``(c) Applicability.--This section applies to all selection boards
convened under section 573, 611, or 628 of this title, regardless of the
date on which the board was convened.''.
[[Page 4208]]
(b) <> Reports of Boards.--Section 628(c)(2) of
such title is amended by striking ``sections 576(d) and 576(f)'' and
inserting ``sections 576(d), 576(f), and 613a''.
(c) Reserve Boards.--Section 14104 of such title is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Prohibition on Disclosure.--The proceedings of a selection
board convened under section 14101 or 14502 of this title may not be
disclosed to any person not a member of the board, except as authorized
or required to process the report of the board. This prohibition is a
statutory exemption from disclosure, as described in section 552(b)(3)
of title 5.'';
(2) in subsection (b), by striking ``and Records'' and
inserting ``Notes, and Records''; and
(3) by adding at the end the following new subsection:
``(c) Applicability.--This section applies to all selection boards
convened under section 14101 or 14502 of this title, regardless of the
date on which the board was convened.''.
SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM PROMOTION LIST.
(a) Active-duty List.--Section 629 of title 10, United States Code,
is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) <> Administrative Removal.--Under
regulations prescribed by the Secretary concerned, if an officer on the
active-duty list is discharged or dropped from the rolls or transferred
to a retired status after having been recommended for promotion to a
higher grade under this chapter, but before being promoted, the
officer's name shall be administratively removed from the list of
officers recommended for promotion by a selection board.''.
(b) Reserve Active-status List.--Section 14310 of such title is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) <> Administrative Removal.--Under
regulations prescribed by the Secretary concerned, if an officer on the
reserve active-status list is discharged or dropped from the rolls or
transferred to a retired status after having been recommended for
promotion to a higher grade under this chapter or having been found
qualified for Federal recognition in the higher grade under title 32,
but before being promoted, the officer's name shall be administratively
removed from the list of officers recommended for promotion by a
selection board.''.
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:
[[Page 4209]]
``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.''.
[[Page 4210]]
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``777a. Wearing of insignia of higher grade before appointment to a
grade above major general or rear admiral (frocking):
authority; restrictions.''.
(b) Repeal of Waiting Period Following Congressional Notification
for Officers Selected for Appointment to General and Flag Officer Grades
Below Lieutenant General and Vice Admiral.--Section 777(b)(3)(B) of such
title <> is amended by striking ``and a period of 30
days has elapsed after the date of the notification''.
SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF ACTIVE
SERVICE AS A COMMISSIONED OFFICER REQUIRED
FOR VOLUNTARY RETIREMENT AS AN OFFICER.
(a) Army.--Section 3911(b)(2) of title 10, United States Code, is
amended by striking ``January 6, 2006, and ending on December 31, 2008''
and inserting ``the date of the enactment of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 and ending on September
30, 2013''.
(b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such title is
amended by striking ``January 6, 2006, and ending on December 31, 2008''
and inserting ``the date of the enactment of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 and ending on September
30, 2013''.
(c) Air Force.--Section 8911(b)(2) of such title is amended by
striking ``January 6, 2006, and ending on December 31, 2008'' and
inserting ``the date of the enactment of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 and ending on September
30, 2013''.
Subtitle B--Reserve Component Management
SEC. 511. REMOVAL OF STATUTORY DISTRIBUTION LIMITS ON NAVY RESERVE
FLAG OFFICER ALLOCATION.
Section 12004(c) of title 10, United States Code, is amended--
(1) by striking paragraphs (2), (3), and (5); and
(2) by redesignating paragraph (4) as paragraph (2).
SEC. 512. ASSIGNMENT OF AIR FORCE RESERVE MILITARY TECHNICIANS
(DUAL STATUS) TO POSITIONS OUTSIDE AIR
FORCE RESERVE UNIT PROGRAM.
Section 10216(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Paragraph (1) does not apply to a military technician (dual
status) who is employed by the Air Force Reserve in an area other than
the Air Force Reserve unit program, except that not more than 50 of such
technicians may be assigned outside of the unit program at the same
time.''.
SEC. 513. TEMPORARY AUTHORITY FOR TEMPORARY EMPLOYMENT OF NON-DUAL
STATUS MILITARY TECHNICIANS.
(a) Exception for Temporary Employment.--Section 10217 of title 10,
United States Code, is amended--
(1) in subsection (a)--
[[Page 4211]]
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(3) is hired as a temporary employee pursuant to the
exception for temporary employment provided by subsection (d)
and subject to the terms and conditions of such subsection.'';
and
(2) by adding at the end the following new subsection:
``(d) <> Exception for Temporary Employment.--
(1) Notwithstanding section 10218 of this title, the Secretary of the
Army or the Secretary of the Air Force may employ, for a period not to
exceed two years, a person to fill a vacancy created by the mobilization
of a military technician (dual status) occupying a position under
section 10216 of this title.
``(2) The duration of the temporary employment of a person in a
military technician position under this subsection may not exceed the
shorter of the following:
``(A) The period of mobilization of the military technician
(dual status) whose vacancy is being filled by the temporary
employee.
``(B) Two years.
``(3) <> No person may be hired under the
authority of this subsection after the end of the 2-year period
beginning on the date of the enactment of this subsection.''.
(b) Exception From Permanent Limitation on Number of Non-dual Status
Technicians.--Subsection (c) of such section is amended <> by adding at the end the following new paragraph:
``(3) An individual employed as a non-dual status technician as
described in subsection (a)(3) shall not be consider a non-dual status
technician for purposes of paragraphs (1) and (2).''.
SEC. 514. REVISION OF STRUCTURE AND FUNCTIONS OF THE RESERVE
FORCES POLICY BOARD.
(a) Revision of Structure.--
(1) In general.--Section 10301 of title 10, United States
Code, is amended to read as follows:
``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.
[[Page 4212]]
``(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
[[Page 4213]]
Defense, who shall serve without vote as enlisted military
adviser to the chair.
``(d) Matters To Be Acted on.--The Board may act on those matters
referred to it by the chair and on any matter raised by a member of the
Board or the Secretary of Defense.
``(e) Staff.--The Board shall be supported by a staff consisting of
one full-time officer from each of the reserve components listed in
paragraphs (1) through (6) of section 10101 of this title who holds the
grade of colonel (or in the case of the Navy, the grade of captain) or
who has been selected for promotion to that grade. These officers shall
also serve as liaisons between their respective components and the
Board. They shall perform their staff and liaison duties under the
supervision of the military executive officer of the Board in an
independent manner reflecting the independent nature of the Board.
``(f) Relationship to Service Reserve Policy Committees and
Boards.--This section does not affect the committees and boards
prescribed within the military departments by sections 10302 through
10305 of this title, and a member of such a committee or board may, if
otherwise eligible, be a member of the Board.''.
(2) <> Effective date.--The
amendment made by paragraph (1) shall take effect on July 1,
2011.
(b) Revision to Annual Report Requirement.--Section 113(c)(2) of
title 10, United States Code, is amended by striking ``the reserve
programs of the Department of Defense and on any other matters'' and
inserting ``on any reserve component matter''.
SEC. 515. REPEAL OF REQUIREMENT FOR NEW OATH WHEN OFFICER
TRANSFERS FROM ACTIVE-DUTY LIST TO RESERVE
ACTIVE-STATUS LIST.
Section 12201(a)(2) of title 10, United States Code, is amended by
striking ``An officer transferred from the active-duty list of an armed
force to a reserve active-status list of an armed force under section
647 of this title'' and inserting ``If an officer is transferred from
the active-duty list of an armed force to a reserve active-status list
of an armed force in accordance with regulations prescribed by the
Secretary of Defense, the officer''.
SEC. 516. LEAVE OF MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED
FORCES.
(a) Carryover of Accumulated Leave to Succeeding Period of Active
Service.--Section 701 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(k) A member of a reserve component who accumulates leave during a
period of active service may carry over any leave so accumulated to the
member's next period of active service, subject to the accumulation
limits in subsections (b), (d), and (f), without regard to separation or
release from active service if the separation or release is under
honorable conditions. The taking of leave carried over under this
subsection shall be subject to the provisions of this section.''.
(b) Payment for Unused Accrued Leave.--Section 501(a) of title 37,
United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
[[Page 4214]]
``(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. 517. DIRECT APPOINTMENT OF GRADUATES OF THE UNITED STATES
MERCHANT MARINE ACADEMY INTO THE NATIONAL
GUARD.
Section 305(a)(5) of title 32, United States Code, is amended by
striking ``or the United States Coast Guard Academy'' and inserting
``the United States Coast Guard Academy, or the United States Merchant
Marine Academy''.
Subtitle C--Joint Qualified Officers and Requirements
SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT MATTERS FOR
PURPOSES OF JOINT OFFICER MANAGEMENT.
Section 668(a) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``multiple'' in the matter preceding
subparagraph (A) and inserting ``integrated''; and
(B) by striking ``and'' at the end of the
subparagraph (D) and inserting ``or''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) In the context of joint matters, the term `integrated military
forces' refers to military forces that are involved in the planning or
execution (or both) of operations involving participants from--
``(A) more than one military department; or
``(B) a military department and one or more of the
following:
``(i) Other departments and agencies of the United
States.
``(ii) The military forces or agencies of other
countries.
``(iii) Non-governmental persons or entities.''.
SEC. 522. MODIFICATION OF PROMOTION BOARD PROCEDURES FOR JOINT
QUALIFIED OFFICERS AND OFFICERS WITH JOINT
STAFF EXPERIENCE.
(a) Board Composition.--Subsection (c) of section 612 of title 10,
United States Code, is amended to read as follows:
``(c)(1) Each selection board convened under section 611(a) of this
title that will consider an officer described in paragraph (2) shall
include at least one officer designated by the Chairman of the Joint
Chiefs of Staff who is a joint qualified officer.
``(2) <> Paragraph (1) applies with respect
to an officer who--
``(A) is serving on, or has served on, the Joint Staff; or
``(B) is a joint qualified officer.
``(3) <> The Secretary of Defense may
waive the requirement in paragraph (1) in the case of--
``(A) any selection board of the Marine Corps; or
[[Page 4215]]
``(B) any selection board that is considering officers in
specialties identified in paragraph (2) or (3) of section
619a(b) of this title.''.
(b) Information Furnished to Selection Boards.--Section 615 of such
title <> is amended in subsections (b)(5) and (c) by
striking ``in joint duty assignments of officers who are serving, or
have served, in such assignments'' and inserting ``of officers who are
serving on, or have served on, the Joint Staff or are joint qualified
officers''.
(c) Action on Report of Selection Boards.--Section 618(b) of such
title is amended--
(1) in paragraph (1), by striking ``are serving, or have
served, in joint duty assignments'' and inserting ``are serving
on, or have served on, the Joint Staff or are joint qualified
officers'';
(2) in subparagraphs (A) and (B) of paragraph (2), by
striking ``in joint duty assignments of officers who are
serving, or have served, in such assignments'' and inserting
``of officers who are serving on, or have served on, the Joint
Staff or are joint qualified officers''; and
(3) in paragraph (4), by striking ``in joint duty
assignments'' and inserting ``who are serving on, or have served
on, the Joint Staff or are joint qualified officers''.
Subtitle D--General Service Authorities
SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO ORDER RETIRED
MEMBERS OF THE ARMED FORCES TO ACTIVE DUTY
IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS.
(a) Extension of Authority.--Section 688a(f) of title 10, United
States Code, is amended by striking ``December 31, 2010'' and inserting
``December 31, 2011''.
(b) Report Required.--Not later than April 1, 2011, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report containing an assessment by
the Secretary of the need to extend the authority provided by section
688a of title 10, United States Code, beyond December 31, 2011. The
report shall include, at a minimum, the following:
(1) A list of the current types of high-demand, low-density
capabilities (as defined in such section) for which the
authority is being used to address operational requirements.
(2) For each high-demand, low-density capability included in
the list under paragraph (1), the number of retired members of
the Armed Forces who have served on active duty at any time
during each of fiscal years 2007 through 2010 under the
authority.
(3) A plan to increase the required active duty strength for
the high-demand, low-density capabilities included in the list
under paragraph (1) to eliminate the need to use the authority.
[[Page 4216]]
SEC. 532. NON-CHARGEABLE REST AND RECUPERATION ABSENCE FOR CERTAIN
MEMBERS UNDERGOING EXTENDED DEPLOYMENT TO
A COMBAT ZONE.
(a) In General.--Chapter 40 of title 10, United States Code, is
amended by inserting after section 705 the following new section:
``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
such chapter is amended by inserting after the item relating to section
705 the following new item:
``705a. Rest and recuperation absence: certain members undergoing
extended deployment to a combat zone.''.
SEC. 533. CORRECTION OF MILITARY RECORDS.
(a) Members Eligible to Request Review of Retirement or Separation
Without Pay for Physical Disability.--Section 1554(a) of title 10,
United States Code, is amended--
(1) by striking ``an officer'' and inserting ``a member or
former member of the uniformed services''; and
(2) by striking ``his case'' and inserting ``the member's
case''.
(b) Limitation on Reduction in Personnel Assigned to Duty With
Service Review Agency.--1559(a) of such title is amended by striking
``December 31, 2010'' and inserting ``December 31, 2013''.
SEC. 534. DISPOSITION OF MEMBERS FOUND TO BE FIT FOR DUTY WHO ARE
NOT SUITABLE FOR DEPLOYMENT OR WORLDWIDE
ASSIGNMENT FOR MEDICAL REASONS.
(a) Disposition.--
(1) In general.--Chapter 61 of title 10, United States Code,
is amended by inserting after section 1214 the following new
section:
[[Page 4217]]
``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 during
the evaluation of the member.
``(b) Covered Members.--A member covered by subsection (a) is any
member of the armed forces who has been determined by a Physical
Evaluation Board pursuant to a physical evaluation by the board to be
fit for duty.
``(c) Reevaluation.--(1) The Secretary of the military department
concerned may direct the Physical Evaluation Board to reevaluate any
member described in subsection (b) if the Secretary has reason to
believe that a medical condition of the member considered by the
Physical Evaluation Board during the evaluation of the member described
in that subsection renders the member unsuitable for continued military
service based on the medical condition.
``(2) A member determined pursuant to reevaluation under paragraph
(1) to be unfit to perform the duties of the member's office, grade,
rank, or rating may be retired or separated for physical disability
under this chapter.
``(3) The Secretary of Defense shall be the final approval authority
for any case determined by the Secretary of a military department to
warrant administrative separation based on a determination that the
member is unsuitable for continued service due to the same medical
condition of the member considered by a Physical Evaluation Board that
found the member fit for duty.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 61 of such title is amended by inserting
after the item relating to section 1214 the following new item:
``1214a. Members determined fit for duty in Physical Evaluation Board
evaluation: prohibition on involuntary administrative
separation due to unsuitability based on medical conditions
considered in evaluation.''.
(b) <> Effective Date.--The amendments
made by subsection (a) shall take effect on the date of the enactment of
this Act, and shall apply with respect to members evaluated for fitness
for duty by Physical Evaluation Boards on or after that date.
SEC. 535. REVIEW OF LAWS, POLICIES, AND REGULATIONS RESTRICTING
SERVICE OF FEMALE MEMBERS OF THE ARMED
FORCES.
(a) Review Required.--The Secretary of Defense, in coordination with
the Secretaries of the military departments, shall conduct a review of
laws, policies, and regulations, including the collocation policy, that
may restrict the service of female members of the Armed Forces to
determine whether changes in such laws, policies, and regulations are
needed to ensure that female members have an equitable opportunity to
compete and excel in the Armed Forces.
[[Page 4218]]
(b) <> Submission of Results.--Not later
than April 15, 2011, the Secretary of Defense shall submit to the
congressional defense committees a report containing the results of the
review.
Subtitle E--Military Justice and Legal Matters
SEC. 541. CONTINUATION OF WARRANT OFFICERS ON ACTIVE DUTY TO
COMPLETE DISCIPLINARY ACTION.
Section 580 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(f) A warrant officer subject to discharge or retirement under
this section, but against whom any action has been commenced with a view
to trying the officer by court-martial, may be continued on active duty,
without prejudice to such action, until the completion of such
action.''.
SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN MILITARY
JUSTICE PROCEEDINGS.
(a) In General.--Section 848 of title 10, United States Code
(article 48 of the Uniform Code of Military Justice), is amended to read
as follows:
``Sec. 848. Art. 48. Contempts
``(a) Authority to Punish Contempt.--A judge detailed to a court-
martial, a court of inquiry, the United States Court of Appeals for the
Armed Forces, a military Court of Criminal Appeals, a provost court, or
a military commission may punish for contempt any person who--
``(1) uses any menacing word, sign, or gesture in the
presence of the judge during the proceedings of the court-
martial, court, or military commission;
``(2) disturbs the proceedings of the court-martial, court,
or military commission by any riot or disorder; or
``(3) willfully disobeys the lawful writ, process, order,
rule, decree, or command of the court-martial, court, or
military commission.
``(b) Punishment.--The punishment for contempt under subsection (a)
may not exceed confinement for 30 days, a fine of $1,000, or both.
``(c) Inapplicability to Military Commissions Under Chapter 47A.--
This section does not apply to a military commission established under
chapter 47A of this title.''.
(b) <> Effective Date.--Section 848 of
title 10, United States Code (article 48 of the Uniform Code of Military
Justice), as amended by subsection (a), shall apply with respect to acts
of contempt committed after the date of the enactment of this Act.
SEC. 543. <> IMPROVEMENTS TO DEPARTMENT
OF DEFENSE DOMESTIC VIOLENCE PROGRAMS.
(a) <> Implementation of Outstanding Comptroller
General Recommendations.--Consistent with <> the
recommendations contained in the report of the Comptroller General of
the United States titled ``Status of Implementation of GAO's 2006
Recommendations on the Department of Defense's Domestic Violence
Program'' (GAO-10-577R), the Secretary of Defense shall complete,
[[Page 4219]]
not later than one year after the date of enactment of this Act,
implementation of actions to address the following recommendations:
(1) Defense incident-based reporting system.--The Secretary
of Defense shall develop a comprehensive management plan to
address deficiencies in the data captured in the Defense
Incident-Based Reporting System to ensure the system can provide
an accurate count of domestic violence incidents, and any
consequent disciplinary action, that are reported throughout the
Department of Defense.
(2) Adequate personnel.--The Secretary of Defense shall
develop a plan to ensure that adequate personnel are available
to implement recommendations made by the Defense Task Force on
Domestic Violence.
(3) Domestic violence training data for chaplains.--The
Secretary of Defense shall develop a plan to collect domestic
violence training data for chaplains.
(4) Oversight framework.--The Secretary of Defense shall
develop an oversight framework for Department of Defense
domestic violence programs, to include oversight of
implementation of recommendations made by the Defense Task Force
on Domestic Violence, including budgeting, communication
initiatives, and policy compliance.
(b) Implementation Report.--The Secretary of Defense shall submit to
the congressional defense committees an implementation report within 90
days of the completion of actions outlined in subsection (a).
Subtitle F--Member Education and Training Opportunities and
Administration
SEC. 551. ENHANCEMENTS OF DEPARTMENT OF DEFENSE UNDERGRADUATE
NURSE TRAINING PROGRAM.
(a) Clarification of Degree Covered by Program.--Subsection (a) of
section 2016 of title 10, United States Code, is amended by striking ``a
nursing degree'' and inserting ``a bachelor of science degree in
nursing''.
(b) Graduation Rates of Training Programs.--Subsection (b) of such
section is amended by inserting ``in nursing'' after ``bachelor of
science degree''.
(c) Location of Programs.--Subsection (d) of such section is amended
to read as follows:
``(d) Location of Programs.--(1) An academic institution selected to
operate an undergraduate nurse training program shall establish the
program at or near a military installation that has a military treatment
facility designated as a medical center with inpatient capability and
multiple graduate medical education programs located on the installation
or within reasonable proximity to the installation.
``(2) <> Before approving a location as the site
of an undergraduate nurse training program, the Secretary of Defense
shall conduct an assessment to ensure that the establishment of the
program at that location will not adversely impact or displace existing
nurse training programs, either conducted by the Department of Defense
or by a civilian entity, at the location.''.
(d) Pilot Program.--
[[Page 4220]]
(1) Implementation.--Paragraph (2) of section 525(d) of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2287; 10 U.S.C. 2016 note) is amended by
striking ``July 1, 2011'' and inserting ``December 31, 2011''.
(2) Graduation rates.--Paragraph (3) of such section is
amended--
(A) by striking the ``The pilot program shall
achieve'' and inserting ``The goal of the pilot program
is to achieve''; and
(B) by striking ``nurse training program'' and
inserting ``nurse training programs''.
SEC. 552. REPAYMENT OF EDUCATION LOAN REPAYMENT BENEFITS.
(a) Enlisted Members on Active Duty in Specified Military
Specialties.--Section 2171 of title 10, United States Code, is amended
by adding at the end the following new subsections:
``(g) Except a person described in subsection (e) who transfers to
service making the person eligible for repayment of loans under section
16301 of this title, a member of the armed forces who fails to complete
the period of service required to qualify for loan repayment under this
section shall be subject to the repayment provisions of section 303a(e)
of title 37.
``(h) The Secretary of Defense may prescribe, by regulations,
procedures for implementing this section, including standards for
qualified loans and authorized payees and other terms and conditions for
making loan repayments. Such regulations may include exceptions that
would allow for the payment as a lump sum of any loan repayment due to a
member under a written agreement that existed at the time of a member's
death or disability.''.
(b) Members of Selected Reserve.--Section 16301 of such title is
amended by adding at the end the following new subsections:
``(h) Except a person described in subsection (e) who transfers to
service making the person eligible for repayment of loans under section
2171 of this title, a member of the armed forces who fails to complete
the period of service required to qualify for loan repayment under this
section shall be subject to the repayment provisions of section 303a(e)
of title 37.
``(i) <> The Secretary
of Defense may prescribe, by regulations, procedures for implementing
this section, including standards for qualified loans and authorized
payees and other terms and conditions for making loan repayments. Such
regulations may include exceptions that would allow for the payment as a
lump sum of any loan repayment due to a member under a written agreement
that existed at the time of a member's death or disability.''.
SEC. 553. PARTICIPATION OF ARMED FORCES HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE
PROGRAM RECIPIENTS IN ACTIVE DUTY HEALTH
PROFESSION LOAN REPAYMENT PROGRAM.
Section 2173(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The person is enrolled in the Armed Forces Health
Professions Scholarship and Financial Assistance Program under
subchapter I of chapter 105 of this title for a number of years
less than is required to complete the normal length of the
course of study required for the health profession concerned.''.
[[Page 4221]]
SEC. 554. ACTIVE DUTY OBLIGATION FOR MILITARY ACADEMY GRADUATES
WHO PARTICIPATE IN THE ARMED FORCES HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM.
(a) Military Academy Graduates.--Section 4348(a) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(4) That if an appointment described in paragraph (2) or
(3) is tendered and the cadet participates in a program under
section 2121 of this title, the cadet will fulfill any unserved
obligation incurred under this section on active duty,
regardless of the type of appointment held, upon completion of,
and in addition to, any service obligation incurred under
section 2123 of this title for participation in such program.''.
(b) Naval Academy Graduates.--Section 6959(a) of such title is
amended by adding at the end the following new paragraph:
``(4) That if an appointment described in paragraph (2) or
(3) is tendered and the midshipman participates in a program
under section 2121 of this title, the midshipman will fulfill
any unserved obligation incurred under this section on active
duty, regardless of the type of appointment held, upon
completion of, and in addition to, any service obligation
incurred under section 2123 of this title for participation in
such program.''.
(c) Air Force Academy Graduates.--Section 9348(a) of such title is
amended by adding at the end the following new paragraph:
``(4) That if an appointment described in paragraph (2) or
(3) is tendered and the cadet participates in a program under
section 2121 of this title, the cadet will fulfill any unserved
obligation incurred under this section on active duty,
regardless of the type of appointment held, upon completion of,
and in addition to, any service obligation incurred under
section 2123 of this title for participation in such program.''.
Subtitle G--Defense Dependents' Education
SEC. 561. ENROLLMENT OF DEPENDENTS OF MEMBERS OF THE ARMED FORCES
WHO RESIDE IN TEMPORARY HOUSING IN
DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT
ELEMENTARY AND SECONDARY SCHOOLS.
Section 2164(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) Under the circumstances described in subparagraph (B), the
Secretary may, at the discretion of the Secretary, permit a dependent of
a member of the armed forces to enroll in an educational program
provided by the Secretary pursuant to this subsection without regard to
the requirement in paragraph (1) with respect to residence on a military
installation.
``(B) <> Subparagraph (A) applies only if--
``(i) the dependents reside in temporary housing (regardless
of whether the temporary housing is on Federal property)--
``(I) because of the unavailability of adequate
permanent living quarters on the military installation
to which the member is assigned; or
[[Page 4222]]
``(II) while the member is wounded, ill, or injured;
and
``(ii) the Secretary determines that the circumstances of
such living arrangements justify extending the enrollment
authority to include the dependents.''.
SEC. 562. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2011 pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $30,000,000 shall be available
only for the purpose of providing assistance to local educational
agencies under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C.
7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base
Closures, Force Structure Changes, or Force Relocations.--Of the amount
authorized to be appropriated for fiscal year 2011 pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$10,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (b) of section
572 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 20 U.S.C. 7703b).
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).
SEC. 563. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2011
pursuant to section 301(5) for operation and maintenance for Defense-
wide activities, $10,000,000 shall be available for payments under
section 363 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-77; 20 U.S.C. 7703a).
Subtitle H--Decorations and Awards
SEC. 571. CLARIFICATION OF PERSONS ELIGIBLE FOR AWARD OF BRONZE
STAR MEDAL.
(a) Limitation on Eligible Persons.--Section 1133 of title 10,
United States Code, is amended to read as follows:
``Sec. 1133. Bronze Star: limitation on persons eligible to
receive
``The decoration known as the `Bronze Star' may only be awarded to a
member of a military force who--
``(1) at the time of the events for which the decoration is
to be awarded, was serving in a geographic area in which special
pay is authorized under section 310 or paragraph (1) or (3) of
section 351(a) of title 37; or
``(2) receives special pay under section 310 or paragraph
(1) or (3) of section 351(a) of title 37 as a result of those
events.''.
[[Page 4223]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 57 of such title is amended by striking the item relating to
section 1133 and inserting the following new item:
``1133. Bronze Star: limitation on persons eligible to receive.''.
(c) <> Application of Amendment.--The
amendment made by subsection (a) applies to the award of the Bronze Star
after October 30, 2000.
SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
SERVICE CROSS TO SHINYEI MATAYOSHI FOR
ACTS OF VALOR DURING WORLD WAR II.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the Armed Forces, the Secretary of the Army is authorized and
requested to award the Distinguished-Service Cross under section 3742 of
that title to Shinyei Matayoshi for the acts of valor referred to in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Tech Sergeant Shinyei Matayoshi on
April 7, 1945, as a member of Company G, 2d Battalion, 442d Regimental
Combat Team during World War II.
SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
SERVICE CROSS TO JAY C. COPLEY FOR ACTS OF
VALOR DURING THE VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the Armed Forces, the Secretary of the Army is authorized and
requested to award the Distinguished-Service Cross under section 3742 of
such title to former Captain Jay C. Copley of the United States Army for
the acts of valor during the Vietnam War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of then Captain Jay C. Copley on May 5,
1968, as commander of Company C of the 1st Battalion, 50th Infantry,
attached to the 173d Airborne Brigade during an engagement with a
regimental-size enemy force in Bin Dinh Province, South Vietnam.
SEC. 574. <> PROGRAM TO COMMEMORATE 60TH
ANNIVERSARY OF THE KOREAN WAR.
(a) Commemorative Program Authorized.--The Secretary of Defense may
establish and conduct a program to commemorate the 60th anniversary of
the Korean War (in this section referred to as the ``commemorative
program''). In conducting the commemorative program, the Secretary of
Defense shall coordinate and support other programs and activities of
the Federal Government, State and local governments, and other persons
and organizations in commemoration of the Korean War.
(b) <> Schedule.--If the Secretary of Defense
establishes the commemorative program, the Secretary shall determine the
schedule of major events and priority of efforts for the commemorative
program to achieve the commemorative objectives specified
[[Page 4224]]
in subsection (c). The Secretary of Defense may establish a committee to
assist the Secretary in determining the schedule and conducting the
commemorative program.
(c) Commemorative Activities and Objectives.--The commemorative
program may include activities and ceremonies to achieve the following
objectives:
(1) To thank and honor veterans of the Korean War, including
members of the Armed Forces who were held as prisoners of war or
listed as missing in action, for their service and sacrifice on
behalf of the United States.
(2) To thank and honor the families of veterans of the
Korean War for their sacrifices and contributions, especially
families who lost a loved one in the Korean War.
(3) To highlight the service of the Armed Forces during the
Korean War and the contributions of Federal agencies and
governmental and non-governmental organizations that served
with, or in support of, the Armed Forces.
(4) To pay tribute to the sacrifices and contributions made
on the home front by the people of the United States during the
Korean War.
(5) To provide the people of the United States with a clear
understanding and appreciation of the lessons and history of the
Korean War.
(6) To highlight the advances in technology, science, and
medicine related to military research conducted during the
Korean War.
(7) To recognize the contributions and sacrifices made by
the allies of the United States during the Korean War.
(d) Use of The United States of America Korean War Commemoration and
Symbols.--Subsection (c) <> of section 1083 of
the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1918), as amended by section 1067 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 2134) and section 1052 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
764), shall apply to the commemorative program.
(e) Commemorative Fund.--
(1) Establishment of new account.--If the Secretary of
Defense establishes the commemorative program, the Secretary the
Treasury shall establish in the Treasury of the United States an
account to be known as the ``Department of Defense Korean War
Commemoration Fund'' (in this section referred to as the
``Fund'').
(2) Administration and use of fund.--The Fund shall be
available to, and administered by, the Secretary of Defense. The
Secretary of Defense <> shall use the
assets of the Fund only for the purpose of conducting the
commemorative program and shall prescribe such regulations
regarding the use of the Fund as the Secretary of Defense
considers to be necessary.
(3) Deposits.--There shall be deposited into the Fund the
following:
(A) Amounts appropriated to the Fund.
(B) Proceeds derived from the use by the Secretary
of Defense of the exclusive rights described in
subsection (c) of section 1083 of the National Defense
Authorization
[[Page 4225]]
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1918).
(C) Donations made in support of the commemorative
program by private and corporate donors.
(4) Availability.--Subject to paragraph (5), amounts in the
Fund shall remain available until expended.
(5) Treatment of unobligated funds; transfer.--If
unobligated amounts remain in the Fund as of September 30, 2013,
the Secretary of the Treasury shall transfer the remaining
amounts to the Department of Defense Vietnam War Commemorative
Fund established pursuant to section 598(e) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 113 note). The transferred amounts shall be
merged with, and available for the same purposes as, other
amounts in the Department of Defense Vietnam War Commemorative
Fund.
(f) Acceptance of Voluntary Services.--
(1) Authority to accept services.--Notwithstanding section
1342 of title 31, United States Code, the Secretary of Defense
may accept from any person voluntary services to be provided in
furtherance of the commemorative program. The Secretary of
Defense shall prohibit the solicitation of any voluntary
services if the nature or circumstances of such solicitation
would compromise the integrity or the appearance of integrity of
any program of the Department of Defense or of any individual
involved in the program.
(2) Compensation for work-related injury.--A person
providing voluntary services under this subsection shall be
considered to be a Federal employee for purposes of chapter 81
of title 5, United States Code, relating to compensation for
work-related injuries. The person shall also be considered a
special governmental employee for purposes of standards of
conduct and sections 202, 203, 205, 207, 208, and 209 of title
18, United States Code. A person who is not otherwise employed
by the Federal Government shall not be considered to be a
Federal employee for any other purpose by reason of the
provision of voluntary services under this subsection.
(3) Reimbursement of incidental expenses.--The Secretary of
Defense may provide for reimbursement of incidental expenses
incurred by a person providing voluntary services under this
subsection. <> The Secretary of Defense
shall determine which expenses are eligible for reimbursement
under this paragraph.
(g) Report Required.--If the Secretary of Defense conducts the
commemorative program, the Inspector General of the Department of
Defense shall submit to Congress, not later than 60 days after the end
of the commemorative program, a report containing an accounting of--
(1) all of the funds deposited into and expended from the
Fund;
(2) any other funds expended under this section; and
(3) any unobligated funds remaining in the Fund as of
September 30, 2013, that are transferred to the Department of
Defense Vietnam War Commemorative Fund pursuant to subsection
(e)(5).
(h) Limitation on Expenditures.--Using amounts appropriated to the
Department of Defense, the Secretary of Defense
[[Page 4226]]
may not expend more than $5,000,000 to carry out the commemorative
program.
Subtitle I--Military Family Readiness Matters
SEC. 581. APPOINTMENT OF ADDITIONAL MEMBERS OF DEPARTMENT OF
DEFENSE MILITARY FAMILY READINESS COUNCIL.
(a) Inclusion of Spouse of General or Flag Officer.--Subsection (b)
of section 1781a of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (E) as
subparagraph (F); and
(B) by inserting after subparagraph (D) the
following new subparagraph:
``(E) The spouse of a general or flag officer.''; and
(2) in paragraph (2), by striking ``subparagraphs (C) and
(D)'' and inserting ``subparagraphs (C), (D), and (E)''.
(b) Inclusion of Director of Office of Community Support for
Military Families With Special Needs.--Subsection (b)(1) of such section
is further amended by adding at the end the following new subparagraph:
``(G) The Director of the Office of Community Support for
Military Families With Special Needs.''.
(c) Clarification of Appointment Options for Existing Member.--
Subparagraph (F) of subsection (b)(1) of such section, as redesignated
by subsection (a)(1)(A), is amended to read as follows:
``(F) In addition to the representatives appointed under
subparagraphs (B) and (C), the senior enlisted advisor, or the
spouse of a senior enlisted member, from each of the Army, Navy,
Marine Corps, and Air Force.''.
(d) Appointment by Secretary of Defense.--Subsection (b) of such
section is further amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``, who shall
be appointed by the Secretary of Defense'';
(B) in subparagraph (C), by striking ``, who shall
be appointed by the Secretary of Defense'' both places
it appears; and
(C) in subparagraph (D), by striking ``by the
Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary of Defense shall appoint the members of the
Council required by subparagraphs (B) through (F) of paragraph (1).''.
SEC. 582. ENHANCEMENT OF COMMUNITY SUPPORT FOR MILITARY FAMILIES
WITH SPECIAL NEEDS.
(a) Director of the Office of Community Support for Military
Families With Special Needs.--Subsection (c) of section 1781c of title
10, United States Code, is amended to read as follows:
``(c) Director.--(1) The head of the Office shall be the Director of
the Office of Community Support for Military Families With
[[Page 4227]]
Special Needs, who shall be a member of the Senior Executive Service or
a general officer or flag officer.
``(2) In the discharge of the responsibilities of the Office, the
Director shall be subject to the supervision, direction, and control of
the Under Secretary of Defense for Personnel and Readiness.''.
(b) Additional Responsibility for Office.--Subsection (d) of such
section <> is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) To conduct periodic reviews of best practices in the
United States in the provision of medical and educational
services for children with special needs.''.
(c) Enhancement of Support.--Section 563 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2304) <> is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) <> by inserting after
subsection (b) the following new subsections:
``(c) Military Department Support for Local Centers to Assist
Military Children With Special Needs.--The Secretary of a military
department may establish or support centers on or in the vicinity of
military installations under the jurisdiction of such Secretary to
coordinate and provide medical and educational services for children
with special needs of members of the Armed Forces who are assigned to
such installations.
``(d) Advisory Panel on Community Support for Military Families With
Special Needs.--
``(1) <> Establishment.--Not later than 90
days after the date of the enactment of this subsection, the
Secretary of Defense shall establish an advisory panel on
community support for military families with special needs.
``(2) Members.--The advisory panel shall consist of seven
individuals who are a member of a military family with special
needs. The Secretary <> of Defense shall
appoint the members of the advisory panel.
``(3) Duties.--The advisory panel shall--
``(A) provide informed advice to the Director of the
Office of Community Support for Military Families With
Special Needs on the implementation of the policy
required by subsection (e) of section 1781c of title 10,
United States Code, and on the discharge of the programs
required by subsection (f) of such section;
``(B) assess and provide information to the Director
on services and support for children with special needs
that is available from other departments and agencies of
the Federal Government and from State and local
governments; and
``(C) otherwise advise and assist the Director in
the discharge of the duties of the Office of Community
Support for Military Families With Special Needs in such
manner as the Secretary of Defense and the Director
jointly determine appropriate.
``(4) Meetings.--The Director shall meet with the advisory
panel at such times, and with such frequency, as the Director
considers appropriate. <> The Director shall
meet with the panel
[[Page 4228]]
at least once each year. The Director may meet with the panel
through teleconferencing or by other electronic means.''.
SEC. 583. MODIFICATION OF YELLOW RIBBON REINTEGRATION PROGRAM.
(a) Office for Reintegration Programs.--Subsection (d)(1) of section
582 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 10 U.S.C. 10101 note) is amended--
(1) by striking ``The Under'' and inserting the following:
``(A) In general.--The Under''; and
(2) in the last sentence--
(A) by striking ``The office may also'' and
inserting the following:
``(B) Partnerships and access.--The office may'';
(B) by inserting ``and the Department of Veterans
Affairs'' after ``Administration''; and
(C) by adding at the end the following new sentence:
``Service and State-based programs may provide access to
curriculum, training, and support for services to
members and families from all components.''.
(b) Center for Excellence in Reintegration.--Subsection (d)(2) of
such section is amended by adding at the end the following new sentence:
``The Center shall develop and implement a process for evaluating the
effectiveness of the Yellow Ribbon Reintegration Program in supporting
the health and well-being of members of the Armed Forces and their
families throughout the deployment cycle described in subsection (g).''.
(c) State Deployment Cycle Support Teams.--Subsection (f)(3) of such
section is amended by inserting ``and community-based organizations''
after ``service providers''.
(d) Operation of Program During Deployment and Post-deployment-
reconstitution Phases.--Subsection (g) of such section is amended--
(1) in paragraph (3), by inserting ``and to decrease the
isolation of families during deployment'' after ``combat zone'';
and
(2) in paragraph (5)(A), by inserting ``, providing
information on employment opportunities,'' after
``communities''.
(e) Additional Outreach Service.--Subsection (h) of such section, as
amended by section 595(1) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2338), is amended by
adding at the end the following new paragraph:
``(15) Resiliency training to promote comprehensive programs
for members of the Armed Forces to build mental and emotional
resiliency for successfully meeting the demands of the
deployment cycle.''.
SEC. 584. EXPANSION AND CONTINUATION OF JOINT FAMILY SUPPORT
ASSISTANCE PROGRAM.
Section 675 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 119 Stat. 2273; 10 U.S.C. 1781
note) is amended--
(1) in subsection (b)--
(A) by striking ``not more than'' and inserting
``not less than''; and
(B) by striking ``Up to'' and inserting ``At
least''; and
[[Page 4229]]
(2) in subsection (h), by striking ``at the end of the
three-year period beginning on the date on which funds are first
obligated for the program'' and inserting ``on December 31,
2012''.
SEC. 585. REPORT ON MILITARY SPOUSE EDUCATION PROGRAMS.
(a) Review Required.--The Secretary of Defense shall carry out a
review of all education programs of the Department of Defense and
Department of Veterans Affairs designed to support spouses of members of
the Armed Forces.
(b) Elements of Review.--At a minimum, the review shall evaluate the
following:
(1) All education programs of the Department of Defense and
Department of Veterans Affairs that are in place to advance
educational opportunities for military spouses.
(2) The efficacy and effectiveness of such education
programs.
(3) The extent to which the availability of educational
opportunities for military spouses influences the decisions of
members to remain in the Armed Forces.
(4) A comparison of the costs associated with providing
military spouse education opportunities as an incentive to
retain members rather than recruiting or training new members.
(c) Submission of Results.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing--
(1) the results of the review; and
(2) such recommendations as the Secretary considers
necessary for improving military spouse education programs.
(d) Consultation.--In conducting the review and preparing the
report, the Secretary of Defense shall consult with the Secretary of
Veterans Affairs regarding education programs of Department of Veterans
Affairs assisting spouses of members of the Armed Forces.
SEC. 586. REPORT ON ENHANCING BENEFITS AVAILABLE FOR MILITARY
DEPENDENT CHILDREN WITH SPECIAL EDUCATION
NEEDS.
(a) Report Required.--Not later than September 30, 2011, the
Secretary of the Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report describing
the needs of military families with children with special education
needs and evaluating options to enhance the benefits available to such
families and children under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) in meeting such needs.
(b) Consultation.--The Secretary of Defense shall prepare the report
in consultation with the Secretary of Education.
(c) Elements.--In preparing the report, the Secretary of Defense
shall--
(1) identify and assess obstacles faced by military families
with children with special education needs in obtaining a free
appropriate public education to address such needs;
(2) identify and assess evidence-based research and best
practices for providing special education and related services
(as those terms are defined in section 602 of the Individuals
[[Page 4230]]
with Disabilities Education Act (20 U.S.C. 1401)) for military
children with special education needs;
(3) assess timeliness in obtaining special education and
related services described in paragraph (2);
(4) determine and document the cost associated with
obtaining special education and related services described in
paragraph (2);
(5) assess the feasibility of establishing an individualized
education program for military children with special education
needs that is applicable across jurisdictions of local
educational agencies in order to achieve reciprocity among
States in acknowledging such programs;
(6) identify means of improving oversight and compliance
with the requirements of section 614 of the Individuals with
Disabilities Education Act (20 U.S.C. 1414) relating to a local
educational agency supporting an existing individualized
education program for a child with special education needs who
is relocating to another State pursuant to the permanent change
of station of a military parent until an individualized
education program is developed and approved for such child in
the State to which the child relocates;
(7) assess the feasibility of establishing an expedited
process for resolution of complaints by military parents with a
child with special education needs about lack of access to
education and related services otherwise specified in the
individualized education program of the child;
(8) assess the feasibility of permitting the Department of
Defense to contact the State to which a military family with a
child with special education needs will relocate pursuant to a
permanent change of station when the orders for such change of
station are issued, but before the family takes residence in
such State, for the purpose of commencing preparation for
education and related services specified in the individualized
education program of the child;
(9) assess the feasibility of establishing a system within
the Department of Defense to document complaints by military
parents regarding access to free and appropriate public
education for their children with special education needs;
(10) identify means to strengthen the monitoring and
oversight of special education and related services for military
children with special education needs under the Interstate
Compact on Educational Opportunities for Military Children; and
(11) consider such other matters as the Secretary of Defense
and the Secretary of Education jointly consider appropriate.
SEC. 587. <> REPORTS ON CHILD
DEVELOPMENT CENTERS AND FINANCIAL
ASSISTANCE FOR CHILD CARE FOR MEMBERS OF
THE ARMED FORCES.
(a) Reports Required.--Not later than six months after the date of
the enactment of this Act, and every two years thereafter, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on Department of
Defense child development centers and financial assistance for child
care provided by the Department of Defense off-installation to members
of the Armed Forces.
(b) Elements.--Each report required by subsection (a) shall include
the following, current as of the date of such report:
[[Page 4231]]
(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. AUTHORITY FOR MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE AND COAST GUARD CIVILIAN
EMPLOYEES AND THEIR FAMILIES TO ACCEPT
GIFTS FROM NON-FEDERAL ENTITIES.
(a) Codification and Expansion of Existing Authority to Cover
Additional Members and Employees.--Chapter 155 of title 10, United
States Code, is amended by inserting after section 2601 the following
new section:
``Sec. 2601a. Direct acceptance of gifts by members of the armed
forces and Department of Defense and Coast
Guard employees and their families
``(a) Regulations Governing Acceptance of Gifts.--(1) The Secretary
of Defense (and the Secretary of Homeland Security in the case of the
Coast Guard) shall issue regulations to provide that, subject to such
limitations as may be specified in such regulations, the following
individuals may accept gifts from nonprofit organizations, private
parties, and other sources outside the Department of Defense or the
Department of Homeland Security:
``(A) A member of the armed forces described in subsection
(b).
``(B) A civilian employee of the Department of Defense or
Coast Guard described in subsection (c).
[[Page 4232]]
``(C) The family members of such a member or employee.
``(D) Survivors of such a member or employee who is killed.
``(2) The regulations required by this subsection shall--
``(A) <> apply uniformly to all
elements of the Department of Defense and, to the maximum extent
feasible, to the Coast Guard; and
``(B) require review and approval by a designated agency
ethics official before acceptance of a gift to ensure that
acceptance of the gift complies with the Joint Ethics
Regulation.
``(b) <> Covered Members.--This section
applies to a member of the armed forces who, while performing active
duty, full-time National Guard duty, or inactive-duty training on or
after September 11, 2001, incurred an injury or illness--
``(1) as described in section 1413a(e)(2) of this title; or
``(2) under other circumstances determined by the Secretary
concerned to warrant treatment analogous to members covered by
paragraph (1).
``(c) <> Covered Employees.--This section
applies to a civilian employee of the Department of Defense or Coast
Guard who, while an employee on or after September 11, 2001, incurred an
injury or illness under a circumstance described in paragraph (1) or (2)
of subsection (c).
``(d) Gifts From Certain Sources Prohibited.--The regulations issued
under subsection (a) may not authorize the acceptance of a gift from a
foreign government or international organization or their agents.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2601 the following new item:
``2601a. Direct acceptance of gifts by members of the armed forces and
Department of Defense and Coast Guard employees and their
families.''.
SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS
AUTHORIZED FOR ADMISSION TO NATIONAL
DEFENSE UNIVERSITY.
Section 2167(a) of title 10, United States Code, is amended by
striking ``20 full-time student positions'' and inserting ``35 full-time
student positions''.
SEC. 593. ADMISSION OF DEFENSE INDUSTRY CIVILIANS TO ATTEND UNITED
STATES AIR FORCE INSTITUTE OF TECHNOLOGY.
(a) Admission Authority.--Chapter 901 of title 10, United States
Code, is amended by inserting after section 9314 the following new
section:
``Sec. 9314a. United States Air Force Institute of Technology:
admission of defense industry civilians
``(a) Admission Authorized.--(1) The Secretary of the Air Force may
permit defense industry employees described in subsection (b) to receive
instruction at the United States Air Force Institute of Technology in
accordance with this section. Any such defense industry employee may be
enrolled in, and may be provided instruction in, a program leading to a
graduate degree in a defense focused curriculum related to aeronautics
and astronautics, electrical and computer engineering, engineering
physics, mathematics and statistics, operational sciences, or systems
and engineering management.
[[Page 4233]]
``(2) No more than 125 defense industry employees may be enrolled at
the United States Air Force Institute of Technology at any one time
under the authority of paragraph (1).
``(3) Upon successful completion of the course of instruction at the
United States Air Force Institute of Technology in which a defense
industry employee is enrolled, the defense industry employee may be
awarded an appropriate degree under section 9314 of this title.
``(b) Eligible Defense Industry Employees.--For purposes of this
section, an eligible defense industry employee is an individual employed
by a private firm that is engaged in providing to the Department of
Defense significant and substantial defense-related systems, products,
or services. A defense industry employee admitted for instruction at the
United States Air Force Institute of Technology remains eligible for
such instruction only so long at that person remains employed by the
same firm.
``(c) Annual Determination by the Secretary of the Air Force.--
Defense industry employees may receive instruction at the United States
Air Force Institute of Technology during any academic year only if,
before the start of that academic year, the Secretary of the Air Force,
or the designee of the Secretary, determines that providing instruction
to defense industry employees under this section during that year--
``(1) will further the military mission of the United States
Air Force Institute of Technology; and
``(2) will be done on a space-available basis and not
require an increase in the size of the faculty of the school, an
increase in the course offerings of the school, or an increase
in the laboratory facilities or other infrastructure of the
school.
``(d) Program Requirements.--The Secretary of the Air Force shall
ensure that--
``(1) the curriculum in which defense industry employees may
be enrolled under this section is not readily available through
other schools and concentrates on the areas of focus specified
in subsection (a)(1) that are conducted by military
organizations and defense contractors working in close
cooperation; and
``(2) the course offerings at the United States Air Force
Institute of Technology continue to be determined solely by the
needs of the Department of Defense.
``(e) Tuition.--(1) The United States Air Force Institute of
Technology shall charge tuition for students enrolled under this section
at a rate not less than the rate charged for employees of the United
States outside the Department of the Air Force.
``(2) Amounts received by the United States Air Force Institute of
Technology for instruction of students enrolled under this section shall
be retained by the school to defray the costs of such instruction. The
source, and the disposition, of such funds shall be specifically
identified in records of the school.
``(f) Standards of Conduct.--While receiving instruction at the
United States Air Force Institute of Technology, defense industry
employees enrolled under this section, to the extent practicable, are
subject to the same regulations governing academic performance,
attendance, norms of behavior, and enrollment as apply to Government
civilian employees receiving instruction at the school.''.
[[Page 4234]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
9314 the following new item:
``9314a. United States Air Force Institute of Technology: admission of
defense industry civilians.''.
SEC. 594. UPDATED TERMINOLOGY FOR ARMY MEDICAL SERVICE CORPS.
Paragraph (5) of section 3068 of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``Pharmacy, Supply, and
Administration'' and inserting ``Administrative Health
Services'';
(2) in subparagraph (C), by striking ``Sanitary
Engineering'' and inserting ``Preventive Medicine Sciences'';
and
(3) in subparagraph (D), by striking ``Optometry'' and
inserting ``Clinical Health Sciences''.
SEC. 595. DATE FOR SUBMISSION OF ANNUAL REPORT ON DEPARTMENT OF
DEFENSE STARBASE PROGRAM.
Section 2193b(g) of title 10, United States Code, is amended by
striking ``90 days after the end of each fiscal year'' and inserting
``March 31 of each year''.
SEC. 596. EXTENSION OF DEADLINE FOR SUBMISSION OF FINAL REPORT OF
MILITARY LEADERSHIP DIVERSITY COMMISSION.
Section 596(e)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4478) is amended by striking ``12 months'' and inserting ``18 months''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Ineligibility of certain Federal civilian employees for
Reservist income replacement payments on account of
availability of comparable benefits under another program.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of
referral bonuses.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Extension of authority to provide travel and transportation
allowances for inactive duty training outside of normal
commuting distances.
Sec. 622. Travel and transportation allowances for attendance at Yellow
Ribbon Reintegration events.
[[Page 4235]]
Subtitle D--Disability, Retired Pay and Survivor Benefits
Sec. 631. Elimination of cap on retired pay multiplier for members with
greater than 30 years of service who retire for disability.
Sec. 632. Payment date for retired and retainer pay.
Sec. 633. Clarification of effect of ordering reserve component member
to active duty to receive authorized medical care on reducing
eligibility age for receipt of non-regular service retired
pay.
Sec. 634. Conformity of special compensation for members with injuries
or illnesses requiring assistance in everyday living with
monthly personal caregiver stipend under Department of
Veterans Affairs program of comprehensive assistance for
family caregivers.
Sec. 635. Sense of Congress concerning age and service requirements for
retired pay for non-regular service.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 641. Addition of definition of morale, welfare, and recreation
telephone services for use in contracts to provide such
services for military personnel serving in combat zones.
Sec. 642. Feasibility study on establishment of full exchange store in
the Northern Mariana Islands.
Sec. 643. Continuation of commissary and exchange operations at
Brunswick Naval Air Station, Maine.
Subtitle F--Other Matters
Sec. 651. Report on basic allowance for housing for personnel assigned
to sea duty.
Sec. 652. Report on savings from enhanced management of special pay for
aviation career officers extending period of active duty.
Subtitle A--Pay and Allowances
SEC. 601. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN EMPLOYEES FOR
RESERVIST INCOME REPLACEMENT PAYMENTS ON
ACCOUNT OF AVAILABILITY OF COMPARABLE
BENEFITS UNDER ANOTHER PROGRAM.
(a) Ineligibility for Payments.--Section 910(b) of title 37, United
States Code, is amended by adding at the end the following new
paragraph:
``(3) A civilian employee of the Federal Government who is also a
member of a reserve component is not entitled to a payment under this
section for any period for which the employee is entitled to--
``(A) a differential payment under section 5538 of title 5;
or
``(B) a comparable benefit under an administratively
established program for civilian employees absent from a
position of employment with the Federal Government in order to
perform active duty in the uniformed services.''.
(b) <> Effective Date.--Subsection (b)(3)
of section 910 of title 37, United States Code, as added by subsection
(a), shall apply with respect to payments under such section for months
beginning on or after the date of the enactment of this Act.
[[Page 4236]]
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.
[[Page 4237]]
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(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
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.
[[Page 4238]]
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. EXTENSION OF AUTHORITY TO PROVIDE TRAVEL AND
TRANSPORTATION ALLOWANCES FOR INACTIVE
DUTY TRAINING OUTSIDE OF NORMAL COMMUTING
DISTANCES.
Section 408a(e) of title 37, United States Code, is amended by
striking ``December 31, 2010'' and inserting ``December 31, 2011''.
SEC. 622. TRAVEL AND TRANSPORTATION ALLOWANCES FOR ATTENDANCE AT
YELLOW RIBBON REINTEGRATION EVENTS.
(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 411k the following new
section:
``Sec. 411l. Travel and transportation allowances: attendance of
members and other persons at Yellow Ribbon
Reintegration Program events
``(a) <> Allowances Authorized.--(1) Under
uniform regulations prescribed by the Secretaries concerned, a member of
the uniformed services authorized to attend a Yellow Ribbon
Reintegration Program event may be provided travel and transportation
allowances in order that the member may attend a Yellow Ribbon
Reintegration Program event.
``(2) Under uniform regulations prescribed by the Secretaries
concerned, travel and transportation allowances may be provided for a
person designated pursuant to subsection (b) in order for the person to
accompany a member in attending a Yellow Ribbon Reintegration Program
event if the Secretary concerned determines that the presence of the
person at the event may contribute to the purposes of the event for the
member.
``(b) Designation of Persons Eligible for Allowance.--A member of
the uniformed services who is eligible to attend a Yellow Ribbon
Reintegration Program event may designate one or more persons, including
another member of the uniformed services, for purposes of receiving
travel and transportation allowances described in subsection (c) to
attend a Yellow Ribbon Reintegration Program event. The designation of a
person for purposes of this section shall be made in writing and may be
changed at any time.
``(c) Authorized Travel and Transportation.--(1) The transportation
authorized by subsection (a) is round-trip transportation between the
home or place of business of the authorized person and the location of
the Yellow Ribbon Reintegration Program event.
[[Page 4239]]
``(2) In addition to transportation under paragraph (1), the
Secretary concerned may provide a per diem allowance or reimbursement
for the actual and necessary expenses of the travel, or a combination
thereof, but not to exceed the rates established under section 404(d) of
this title.
``(3) The transportation authorized by paragraph (1) may be provided
by any of the following means:
``(A) Transportation in-kind.
``(B) A monetary allowance in place of transportation in-
kind at a rate to be prescribed by the Secretaries concerned.
``(C) Reimbursement for the commercial cost of
transportation.
``(4) An allowance payable under this subsection may be paid in
advance.
``(5) Reimbursement payable under this subsection may not exceed the
cost of Government-procured commercial round-trip air travel.
``(d) Yellow Ribbon Reintegration Program Event Defined.--In this
section, the term `Yellow Ribbon Reintegration Program event' means an
event authorized under section 582 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
related to section 411k the following new item:
``411l. Travel and transportation allowances: attendance of members and
other persons at Yellow Ribbon Reintegration Program
events.''.
(b) <> Applicability.--No reimbursement
may be provided under section 411l of title 37, United States Code, as
added by subsection (a), for travel and transportation costs incurred
before September 30, 2010.
Subtitle D--Disability, Retired Pay and Survivor Benefits
SEC. 631. ELIMINATION OF CAP ON RETIRED PAY MULTIPLIER FOR MEMBERS
WITH GREATER THAN 30 YEARS OF SERVICE WHO
RETIRE FOR DISABILITY.
(a) Computation of Retired Pay.--The table in section 1401(a) of
title 10, United States Code, is amended--
(1) in the column designated ``Column 2'', by inserting ``,
not to exceed 75%,'' after ``percentage of disability'' both
places it appears; and
(2) by striking column 4.
(b) Recomputation of Retired or Retainer Pay to Reflect Later Active
Duty of Members Who First Became Members Before September 8, 1980.--The
table in section 1402(d) of such title is amended--
(1) in the column designated ``Column 2'', by inserting ``,
not to exceed 75%,'' after ``percentage of disability''; and
(2) by striking column 4.
(c) Recomputation of Retired or Retainer Pay to Reflect Later Active
Duty of Members Who First Became Members After September 7, 1980.--The
table in section 1402a(d) of such title is amended--
[[Page 4240]]
(1) in the column designated ``Column 2'', by inserting ``,
not to exceed 75 percent,'' after ``percentage of disability'';
and
(2) by striking column 4.
(d) <> Application of Amendments.--The
tables in sections 1401(a), 1402(d), and 1402a(d) of title 10, United
States Code, as in effect on the day before the date of the enactment of
this Act, shall continue to apply to the computation or recomputation of
retired or retainer pay for persons who first became entitled to retired
or retainer pay under subtitle A of such title on or before the date of
the enactment of this Act. The amendments made by this section shall
apply only with respect to persons who first become entitled to retired
or retainer pay under such subtitle after that date.
SEC. 632. PAYMENT DATE FOR RETIRED AND RETAINER PAY.
(a) Setting Payment Date.--Section 1412 of title 10, United States
Code, is amended--
(1) by striking ``Amounts'' and inserting ``(a) Rounding.--
Amounts''; and
(2) by adding at the end the following new subsection:
``(b) Payment Date.--Amounts of retired pay and retainer pay due a
retired member of the uniformed services shall be paid on the first day
of each month beginning after the month in which the right to such pay
accrues.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 1412. Administrative provisions''.
(2) Table of sections.--The table of sections at the
beginning of chapter 71 of such title is amended by striking the
item relating to section 1412 and inserting the following new
item:
``1412. Administrative provisions.''.
(c) <> Effective Date.--Subsection (b) of
section 1412 of title 10, United States Code, as added by subsection
(a), shall apply beginning with the first month that begins more than 30
days after the date of the enactment of this Act.
SEC. 633. CLARIFICATION OF EFFECT OF ORDERING RESERVE COMPONENT
MEMBER TO ACTIVE DUTY TO RECEIVE
AUTHORIZED MEDICAL CARE ON REDUCING
ELIGIBILITY AGE FOR RECEIPT OF NON-REGULAR
SERVICE RETIRED PAY.
Section 12731(f)(2)(B) of title 10, United States Code, is amended
by adding at the end the following new clause:
``(iii) If a member described in subparagraph (A) is wounded or
otherwise injured or becomes ill while serving on active duty pursuant
to a call or order to active duty under a provision of law referred to
in the first sentence of clause (i) or in clause (ii), and the member is
then ordered to active duty under section 12301(h)(1) of this title to
receive medical care for the wound, injury, or illness, each day of
active duty under that order for medical care shall be treated as a
continuation of the original call or order to active duty for purposes
of reducing the eligibility age of the member under this paragraph.''.
[[Page 4241]]
SEC. 634. CONFORMITY OF SPECIAL COMPENSATION FOR MEMBERS WITH
INJURIES OR ILLNESSES REQUIRING ASSISTANCE
IN EVERYDAY LIVING WITH MONTHLY PERSONAL
CAREGIVER STIPEND UNDER DEPARTMENT OF
VETERANS AFFAIRS PROGRAM OF COMPREHENSIVE
ASSISTANCE FOR FAMILY CAREGIVERS.
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).''.
SEC. 635. SENSE OF CONGRESS CONCERNING AGE AND SERVICE
REQUIREMENTS FOR RETIRED PAY FOR NON-
REGULAR SERVICE.
It is the sense of Congress that--
(1) the amendments made to section 12731 of title 10, United
States Code, by section 647 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 160) were intended to reduce the minimum age at which
members of a reserve component of the Armed Forces would begin
receiving retired pay according to time spent deployed, by three
months for every 90-day period spent on active duty over the
course of a career, rather than limiting qualifying time to such
periods wholly served within the same fiscal year, as
interpreted by the Department of Defense; and
(2) steps should be taken by the Department of Defense to
implement the congressional intent outlined in paragraph (1).
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
SEC. 641. ADDITION OF DEFINITION OF MORALE, WELFARE, AND
RECREATION TELEPHONE SERVICES FOR USE IN
CONTRACTS TO PROVIDE SUCH SERVICES FOR
MILITARY PERSONNEL SERVING IN COMBAT
ZONES.
Section 885 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 265; 10 U.S.C. 2304 note) is
amended by adding at the end the following new subsection:
``(c) Morale, Welfare, and Recreation Telephone Services Defined.--
In this section, the term `morale, welfare, and recreation telephone
services' means unofficial telephone calling center services
[[Page 4242]]
supporting calling centers provided by the Army and Air Force Exchange
Service, Navy Exchange Service Command, Marine Corps exchanges, or any
other nonappropriated fund instrumentality of the United States under
the jurisdiction of the Armed Forces which is conducted for the comfort,
pleasure, contentment, or physical or mental improvement of members of
the Armed Forces.''.
SEC. 642. FEASIBILITY STUDY ON ESTABLISHMENT OF FULL EXCHANGE
STORE IN THE NORTHERN MARIANA ISLANDS.
Not <> later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report containing the results of a study to determine the
feasibility of replacing the ``Shoppette'' of the Army and Air Force
Exchange Service in the Northern Mariana Islands with a full-service
exchange store.
SEC. 643. CONTINUATION OF COMMISSARY AND EXCHANGE OPERATIONS AT
BRUNSWICK NAVAL AIR STATION, MAINE.
(a) Continuation of Operations.--The Secretary of Defense shall
provide for the continuation of commissary and exchange operations at
Brunswick Naval Air Station, Maine, until the later of the following:
(1) The closure of Brunswick Naval Air Station.
(2) <> The end of the 60-day period
beginning on the date on which the Secretary of Defense makes
the determination under subsection (b).
(b) <> Review and Determination.--Not earlier than
120 days after the date of the enactment of this Act, the Secretary of
Defense shall--
(1) review any report prepared by the Comptroller General of
the United States relating to commissary and exchange operations
at Brunswick Naval Air Station, Maine; and
(2) based on such review, make a determination regarding
whether such operations should be continued.
Subtitle F--Other Matters
SEC. 651. REPORT ON BASIC ALLOWANCE FOR HOUSING FOR PERSONNEL
ASSIGNED TO SEA DUTY.
(a) Report Required.--Not later than July 1, 2011, the Secretary of
Defense shall submit to the congressional defense committees a report
containing the following:
(1) A review of the standards used to determine the monthly
rates of basic allowance for housing for personnel assigned to
sea duty (under section 403 of title 37, United States Code).
(2) A review of the legislative framework and policies
applicable to eligibility and levels of compensation for single
and married personnel, with and without dependents, who are
assigned to sea duty.
(3) Any recommendation for modifications of title 37, United
States Code, relating to basic allowance for housing for
personnel who are assigned to sea duty that the Secretary
considers appropriate, including an estimate of the cost of each
modification.
(b) Elements of Reviews.--In conducting the reviews for purposes of
subsection (a), the Secretary shall consider whether existing
[[Page 4243]]
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.
SEC. 652. REPORT ON SAVINGS FROM ENHANCED MANAGEMENT OF SPECIAL
PAY FOR AVIATION CAREER OFFICERS EXTENDING
PERIOD OF ACTIVE DUTY.
(a) Report Required.--Not later than August 1, 2011, the Secretary
of Defense shall submit to the congressional defense committees a report
regarding the use and management of the special pay programs authorized
in section 301b of title 37, United States Code, for aviation career
officers extending a period of active duty.
(b) Elements of Report.--The report required by subsection (a) shall
include the following:
(1) A review of the programs operated by the Secretaries of
the military departments, including--
(A) directives and guidelines issued by the
Secretary of Defense;
(B) the number of aviation officers receiving the
special pay, listed by weapon system;
(C) the weapon systems for which special pay is not
authorized and the number of aviation officers affected
by such exclusion;
(D) the policy and structure of the programs and the
retention philosophy supporting the policy and structure
of the programs;
(E) the amounts paid to individual aviation
officers, annually and over the course of a career; and
(F) the amounts budgeted annually for such programs.
(2) An accounting of aviation officers receiving the special
pay who have an active duty service commitment and the totals of
aviation officers and allocated funding by types of active duty
service commitment.
(3) A review of retention trends for aviation officers,
generally and by weapon system, within the military departments
and an assessment of the factors that influence retention
trends, and the reliability and durability of those trends if
such factors are altered.
(4) An assessment of the funds that can be saved by
restructuring or eliminating such programs to reduce payments to
aviation officers associated with those weapon systems with
[[Page 4244]]
strong retention trends and aviation officers with active duty
service commitments.
(5) A review of the demand for former military aviation
officers to fulfill commercial airline hiring requirements,
recent data regarding airline hiring of former military aviation
officers, and an assessment of the methods used by airlines to
qualify pilot candidates for employment as commercial pilots.
(6) Any recommendations for modifications of title 37,
United States Code, relating to special pay for aviation career
officers extending a period of active duty.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Extension of prohibition on increases in certain health care
costs.
Sec. 702. Extension of dependent coverage under the TRICARE program.
Sec. 703. Survivor dental benefits.
Sec. 704. Aural screenings for members of the Armed Forces.
Sec. 705. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Subtitle B--Health Care Administration
Sec. 711. Administration of TRICARE.
Sec. 712. Postdeployment health reassessments for purposes of the
medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 713. Clarification of licensure requirements applicable to military
health-care professionals who are members of the National
Guard performing certain duty while in State status.
Sec. 714. Improvements to oversight of medical training for Medical
Corps officers.
Sec. 715. Health information technology.
Sec. 716. Education and training on use of pharmaceuticals in
rehabilitation programs for wounded warriors.
Subtitle C--Other Matters
Sec. 721. Repeal of report requirement on separations resulting from
refusal to participate in anthrax vaccine immunization
program.
Sec. 722. Comprehensive policy on consistent neurological cognitive
assessments of members of the Armed Forces before and after
deployment.
Sec. 723. Assessment of post-traumatic stress disorder by military
occupation.
Sec. 724. Licensed mental health counselors and the TRICARE program.
Subtitle A--Improvements to Health Benefits
SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN HEALTH
CARE COSTS.
(a) Charges Under Contracts for Medical Care.--Section 1097(e) of
title 10, United States Code, is amended by striking ``September 30,
2009'' and inserting ``September 30, 2011''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such title is
amended by striking ``September 30, 2010'' and inserting ``September 30,
2011''.
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:
[[Page 4245]]
``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 such chapter is amended by inserting after the item
relating to section 1110a the following new item:
``1110b. TRICARE program: extension of dependent coverage.''.
(b) <> Effective Date and
Regulations.--The amendments made by this section shall take effect on
January 1, 2011. The Secretary of Defense shall prescribe an interim
final rule with respect to such amendments, effective not later than
January 1, 2011.
SEC. 703. SURVIVOR DENTAL BENEFITS.
Paragraph (2) of section 1076a(k) of title 10, United States Code,
is amended to read as follows:
``(2) Such term includes any such dependent of a member who dies--
``(A) while on active duty for a period of more than 30
days; or
``(B) while such member is a member of the Ready Reserve.''.
[[Page 4246]]
SEC. 704. AURAL SCREENINGS FOR MEMBERS OF THE ARMED FORCES.
(a) <> Tinnitus Screening.--
(1) Study required.--Not later than September 30, 2011, the
Secretary of Defense shall conduct a study to identify the best
tests currently available to screen members of the Armed Forces
for tinnitus.
(2) Plan.--Not later than December 31, 2011, the Secretary
shall develop a plan to ensure that all members of the Armed
Forces are screened for tinnitus prior to and after a deployment
to a combat zone.
(3) Report.--Not later than December 31, 2011, the Secretary
shall submit to the congressional defense committees a report
containing the results of the study under paragraph (1) and the
plan under paragraph (2).
(b) Improving Aural Protection for Members of the Armed Forces.--
(1) In general.--In accordance with section 721 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4506), the Secretary of
Defense shall examine methods to improve the aural protection
for members of the Armed Forces in combat.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the methods to
improve aural protection examined under subsection (a).
(c) Center of Excellence.--The Secretary shall ensure that all
studies, findings, plans, and reports conducted or submitted under this
section are transmitted to the center of excellence established by
section 721 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4506).
SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER
RETAIL PHARMACY SYSTEM OF PHARMACY
BENEFITS PROGRAM.
During <> the period beginning on October 1,
2010, and ending on September 30, 2011, the cost sharing requirements
established under paragraph (6) of section 1074g(a) of title 10, United
States Code, for pharmaceutical agents available through retail
pharmacies covered by paragraph (2)(E)(ii) of such section may not
exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.
Subtitle B--Health Care Administration
SEC. 711. ADMINISTRATION OF TRICARE.
Subsection (a) of section 1073 of title 10, United States Code, is
amended--
(1) by striking ``Except'' and inserting ``(1) Except''; and
(2) by adding at the end the following new paragraph:
``(2) Except as otherwise provided in this chapter, the Secretary of
Defense shall have responsibility for administering the TRICARE program
and making any decision affecting such program.''.
[[Page 4247]]
SEC. 712. POSTDEPLOYMENT HEALTH REASSESSMENTS FOR PURPOSES OF THE
MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE
ARMED FORCES DEPLOYED OVERSEAS.
(a) Requirement for Postdeployment Health Reassessments.--Paragraph
(1) of subsection (b) of section 1074f of title 10, United States Code,
is amended to read as follows:
``(1)(A) The system described in subsection (a) shall include the
use of predeployment medical examinations and postdeployment medical
examinations (including the assessment of mental health and the drawing
of blood samples) and postdeployment health reassessments to--
``(i) accurately record the health status of members before
their deployment;
``(ii) accurately record any changes in their health status
during the course of their deployment; and
``(iii) identify health concerns, including mental health
concerns, that may become manifest several months following
their deployment.
``(B) The postdeployment medical examination shall be conducted when
the member is redeployed or otherwise leaves an area in which the system
is in operation (or as soon as possible thereafter).
``(C) <> The postdeployment health reassessment
shall be conducted at an appropriate time during the period beginning 90
days after the member is redeployed and ending 180 days after the member
is redeployed.''.
(b) Incorporation in Reassessments of Elements of Predeployment and
Postdeployment Medical Examinations.--Paragraph (2) of such subsection
is amended by striking ``and postdeployment medical examination'' and
inserting ``medical examination, postdeployment medical examination, and
postdeployment health reassessment''.
(c) Recordkeeping.--Subsection (c) of such section is amended--
(1) by inserting ``and reassessments'' after ``medical
examinations''; and
(2) by inserting ``and the prescription and administration
of psychotropic medications'' after ``including immunizations''.
(d) Quality Assurance.--Subsection (d) of such section is amended--
(1) in paragraph (1), by striking ``and postdeployment
medical examinations'' and inserting ``, postdeployment medical
examinations, and postdeployment health reassessments''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``and
reassessments'' after ``postdeployment health
assessments''; and
(B) in subparagraph (B), by inserting ``and
reassessments'' after ``such assessments''.
SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS APPLICABLE TO
MILITARY HEALTH-CARE PROFESSIONALS WHO ARE
MEMBERS OF THE NATIONAL GUARD PERFORMING
CERTAIN DUTY WHILE IN STATE STATUS.
Section 1094(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting ``or (3)'' after
``paragraph (2)'';
[[Page 4248]]
(2) in paragraph (2), by inserting ``as being described in
this paragraph'' after ``paragraph (1)''; and
(3) by adding at the end the following new paragraph:
``(3) A health-care professional referred to in paragraph (1) as
being described in this paragraph is a member of the National Guard
who--
``(A) has a current license to practice medicine,
osteopathic medicine, dentistry, or another health profession;
and
``(B) is performing training or duty under section 502(f) of
title 32 in response to an actual or potential disaster.''.
SEC. 714. IMPROVEMENTS TO OVERSIGHT OF MEDICAL TRAINING FOR
MEDICAL CORPS OFFICERS.
(a) Review of Training Programs for Medical Officers.--
(1) Review.--The Secretary of Defense shall conduct a review
of training programs for medical officers (as defined in section
101(b)(14) of title 10, United States Code) to ensure that the
academic and military performance of such officers has been
completely documented in military personnel records. The
programs reviewed shall include, at a minimum, the following:
(A) Programs at the Uniformed Services University of
the Health Sciences that award a medical doctor degree.
(B) Selected residency programs at military medical
treatment facilities, as determined by the Secretary, to
include at least one program in each of the specialties
of--
(i) anesthesiology;
(ii) emergency medicine;
(iii) family medicine;
(iv) general surgery;
(v) neurology;
(vi) obstetrics/gynecology;
(vii) pathology;
(viii) pediatrics; and
(ix) psychiatry.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the findings of
the review under paragraph (1).
(b) Annual Report on Graduate Medical Education Programs.--
(1) Annual report.--Not later than April 1, 2011, and
annually thereafter through 2015, the Secretary of Defense shall
submit to the congressional defense committees a report on the
status of the graduate medical education programs of the
Department of Defense.
(2) Elements.--Each report under paragraph (1) shall include
the following:
(A) An identification of each graduate medical
education program of the Department of Defense in effect
during the previous fiscal year, including for each such
program, the military department responsible, the
location, the medical specialty, the period of training
required, and the number of students by year.
[[Page 4249]]
(B) The status of each program referred to in
subparagraph (A), including, for each such program, an
identification of the fiscal year in which the last
action was taken with respect to each of the following:
(i) Initial accreditation.
(ii) Continued accreditation.
(iii) If applicable, probation, and the
reasons for probationary status.
(iv) If applicable, withheld or withdrawn
accreditation, and the reasons for such action.
(C) A discussion of trends in the graduate medical
education programs of the Department.
(D) A discussion of challenges faced by such
programs, and a description and assessment of strategies
and plans to address such challenges.
(E) Such other matters as the Secretary considers
appropriate.
SEC. 715. HEALTH INFORMATION TECHNOLOGY.
(a) Enterprise Risk Assessment Methodology Study.--
(1) Study required.--The Secretary of Defense shall conduct
an enterprise risk assessment methodology study of all health
information technology programs of the Department of Defense.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report containing the results
of the study required under paragraph (1).
(b) Report on Health Information Technology Organizational Structure
and Future Plans.--
(1) Report required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
organizational structure for health information technology
within the Department of Defense.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) Organizational charts for all organizations
involved with health information technology showing, at
a minimum, the senior positions in each office and each
activity.
(B) A description of the functions and
responsibilities, to include policy formulation, policy
and program execution, and program oversight, of each
senior position for health information technology.
(C) An assessment of how well the health information
systems of the Department of Defense interact with the
health information systems of--
(i) the Department of Veterans Affairs; and
(ii) entities other than the Federal
Government.
(D) A description of the role played by the
Interagency Program Office established by section 1635
of the Wounded Warrior Act (title XVI of Public Law 110-
181; 10 U.S.C. 1071 note) and whether the office is
satisfactorily performing the functions required by such
section, as well as recommendations for administrative
or legislative action as the Secretary considers
appropriate.
[[Page 4250]]
(E) A complete description of all future plans for
legacy systems and new electronic health record
initiatives, including the joint virtual lifetime
electronic record.
(F) The results of the survey described in paragraph
(3).
(3) Survey.--The Secretary shall conduct a survey of users
of the health information technology systems of the Department
of Defense to assess the benefits and failings of such systems.
(4) Definitions.--In this subsection:
(A) The term ``senior position'' means a position
filled by a member of the senior executive service, a
position on the Executive Schedule established pursuant
to title 5, United States Code, or a position filled by
a general or flag officer.
(B) The term ``senior personnel'' means personnel
who are members of the senior executive service, who
fill a position listed on the Executive Schedule
established pursuant to title 5, United States Code, or
who are general or flag officers.
(c) Report on GAO Report Required.--Not later than March 31, 2011,
the Secretary of Defense shall submit to the congressional defense
committees a report on the report by the Comptroller General of the
United States titled ``Information Technology: Opportunities Exist to
Improve Management of DOD's Electronic Health Record Initiative'' (GAO-
11-50), including--
(1) the status of implementing the recommendations made in
such report; and
(2) for each such recommendation that has not been
implemented, the reason why the recommendation has not been
implemented.
SEC. 716. <> EDUCATION AND TRAINING ON
USE OF PHARMACEUTICALS IN REHABILITATION
PROGRAMS FOR WOUNDED WARRIORS.
(a) Education and Training Required.--The Secretary of Defense shall
develop and implement training, available through the Internet or other
means, on the use of pharmaceuticals in rehabilitation programs for
seriously ill or injured members of the Armed Forces.
(b) Recipients of Training.--The training developed and implemented
under subsection (a) shall be training for each category of individuals
as follows:
(1) Patients in or transitioning to a wounded warrior unit,
with special accommodation in such training for such patients
with cognitive disabilities.
(2) Nonmedical case managers.
(3) Military leaders.
(4) Family members.
(c) Elements of Training.--The training developed and implemented
under subsection (a) shall include the following:
(1) An overview of the fundamentals of safe prescription
drug use.
(2) Familiarization with the benefits and risks of using
pharmaceuticals in rehabilitation therapies.
(3) Examples of the use of pharmaceuticals for individuals
with multiple, complex injuries, including traumatic brain
injury and post-traumatic stress disorder.
[[Page 4251]]
(4) Familiarization with means of finding additional
resources for information on pharmaceuticals.
(5) Familiarization with basic elements of pain and
pharmaceutical management.
(6) Familiarization with complementary and alternative
therapies.
(d) Tailoring of Training.--The training developed and implemented
under subsection (a) shall appropriately tailor the elements specified
in subsection (c) for and among each category of individuals set forth
in subsection (b).
(e) Review of Pharmacy.--
(1) Review.--The Secretary shall review all policies and
procedures of the Department of Defense regarding the use of
pharmaceuticals in rehabilitation programs for seriously ill or
injured members of the Armed Forces.
(2) <> Recommendations.--Not later than
September 20, 2011, the Secretary shall submit to the
congressional defense committees any recommendations for
administrative or legislative action with respect to the review
under paragraph (1) as the Secretary considers appropriate.
Subtitle C--Other Matters
SEC. 721. REPEAL OF REPORT REQUIREMENT ON SEPARATIONS RESULTING
FROM REFUSAL TO PARTICIPATE IN ANTHRAX
VACCINE IMMUNIZATION PROGRAM.
Section 1178 of title 10, United States Code, is amended--
(1) by striking ``(a) Requirement To Establish System.--'';
and
(2) by striking subsection (b).
SEC. 722. <> COMPREHENSIVE POLICY ON
CONSISTENT NEUROLOGICAL COGNITIVE
ASSESSMENTS OF MEMBERS OF THE ARMED FORCES
BEFORE AND AFTER DEPLOYMENT.
(a) <> Comprehensive Policy Required.--Not later
than January 31, 2011, the Secretary of Defense shall develop and
implement a comprehensive policy on consistent neurological cognitive
assessments of members of the Armed Forces before and after deployment.
(b) Updates.--The Secretary shall revise the policy required by
subsection (a) on a periodic basis in accordance with experience and
evolving best practice guidelines.
SEC. 723. ASSESSMENT OF POST-TRAUMATIC STRESS DISORDER BY MILITARY
OCCUPATION.
(a) Assessment.--The Secretaries of the military departments shall
each conduct an assessment of post-traumatic stress disorder incidence
by military occupation, including identification of military occupations
with a high incidence of such disorder.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Secretaries shall each submit to the congressional
defense committees a report on the assessment under subsection (a).
(c) Centers of Excellence.--The Secretary of Defense shall ensure
that all studies, findings, plans, and reports conducted or submitted
under this section are transmitted to the centers of excellence
established by sections 1621 and 1622 of the Wounded Warrior Act (title
XVI of Public Law 110-181).
[[Page 4252]]
SEC. 724. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE
PROGRAM.
Not <> later than June 20, 2011, the
Secretary of Defense shall prescribe the regulations required by section
717 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 10 U.S.C. 1073 note).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Disclosure to litigation support contractors.
Sec. 802. Designation of engine development and procurement program as
major subprogram.
Sec. 803. Enhancement of Department of Defense authority to respond to
combat and safety emergencies through rapid acquisition and
deployment of urgently needed supplies.
Sec. 804. Review of acquisition process for rapid fielding of
capabilities in response to urgent operational needs.
Sec. 805. Acquisition of major automated information system programs.
Sec. 806. Requirements for information relating to supply chain risk.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Cost estimates for program baselines and contract negotiations
for major defense acquisition and major automated information
system programs.
Sec. 812. Management of manufacturing risk in major defense acquisition
programs.
Sec. 813. Modification and extension of requirements of the Weapon
System Acquisition Reform Act of 2009.
Sec. 814. Inclusion of major subprograms to major defense acquisition
programs under various acquisition-related requirements.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Provisions relating to fire resistant fiber for production of
military uniforms.
Sec. 822. Repeal of requirement for certain procurements from firms in
the small arms production industrial base.
Sec. 823. Review of regulatory definition relating to production of
specialty metals.
Sec. 824. Guidance relating to rights in technical data.
Sec. 825. Extension of sunset date for certain protests of task and
delivery order contracts.
Sec. 826. Inclusion of option amounts in limitations on authority of the
Department of Defense to carry out certain prototype
projects.
Sec. 827. Permanent authority for Defense Acquisition Challenge Program;
pilot expansion of Program.
Sec. 828. Energy savings performance contracts.
Sec. 829. Definition of materials critical to national security.
Subtitle D--Contractor Matters
Sec. 831. Oversight and accountability of contractors performing private
security functions in areas of combat operations.
Sec. 832. Extension of regulations on contractors performing private
security functions to areas of other significant military
operations.
Sec. 833. Standards and certification for private security contractors.
Sec. 834. Enhancements of authority of Secretary of Defense to reduce or
deny award fees to companies found to jeopardize the health
or safety of Government personnel.
Sec. 835. Annual joint report and Comptroller General review on
contracting in Iraq and Afghanistan.
Subtitle E--Other Matters
Sec. 841. Improvements to structure and functioning of Joint
Requirements Oversight Council.
[[Page 4253]]
Sec. 842. Department of Defense policy on acquisition and performance of
sustainable products and services.
Sec. 843. Assessment and plan for critical rare earth materials in
defense applications.
Sec. 844. Review of national security exception to competition.
Sec. 845. Requirement for entities with facility clearances that are not
under foreign ownership control or influence mitigation.
Sec. 846. Procurement of photovoltaic devices.
Sec. 847. Non-availability exception from Buy American requirements for
procurement of hand or measuring tools.
Sec. 848. Contractor logistics support of contingency operations.
Subtitle F--Improve Acquisition Act
Sec. 860. Short title.
Part I--Defense Acquisition System
Sec. 861. Improvements to the management of the defense acquisition
system.
Sec. 862. Comptroller General report on Joint Capabilities Integration
and Development System.
Sec. 863. Requirements for the acquisition of services.
Sec. 864. Review of defense acquisition guidance.
Sec. 865. Requirement to review references to services acquisition
throughout the Federal Acquisition Regulation and the Defense
Federal Acquisition Regulation Supplement.
Sec. 866. Pilot program on acquisition of military purpose
nondevelopmental items.
Part II--Defense Acquisition Workforce
Sec. 871. Acquisition workforce excellence.
Sec. 872. Amendments to the acquisition workforce demonstration project.
Sec. 873. Career development for civilian and military personnel in the
acquisition workforce.
Sec. 874. Recertification and training requirements.
Sec. 875. Information technology acquisition workforce.
Sec. 876. Definition of acquisition workforce.
Sec. 877. Defense Acquisition University curriculum review.
Part III--Financial Management
Sec. 881. Audit readiness of financial statements of the Department of
Defense.
Sec. 882. Review of obligation and expenditure thresholds.
Sec. 883. Disclosure and traceability of the cost of Department of
Defense health care contracts.
Part IV--Industrial Base
Sec. 891. Expansion of the industrial base.
Sec. 892. Price trend analysis for supplies and equipment purchased by
the Department of Defense.
Sec. 893. Contractor business systems.
Sec. 894. Review and recommendations on eliminating barriers to
contracting with the Department of Defense.
Sec. 895. Inclusion of the providers of services and information
technology in the national technology and industrial base.
Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy; Industrial Base Fund.
Subtitle A--Acquisition Policy and Management
SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS.
(a) In General.--Section 2320 of title 10, United States Code, is
amended--
(1) in subsection (c)(2)--
(A) by striking ``subsection (a), allowing'' and
inserting ``subsection (a)--
``(A) allowing''; and
(B) by adding at the end the following new
subparagraph:
[[Page 4254]]
``(B) allowing a covered litigation support
contractor access to and use of any technical,
proprietary, or confidential data delivered under a
contract for the sole purpose of providing litigation
support to the Government in the form of administrative,
technical, or professional services during or in
anticipation of litigation; or''; and
(2) by inserting after subsection (f) the following:
``(g) <> In this section, the term `covered
litigation support contractor' means a contractor (including an expert
or technical consultant) under contract with the Department of Defense
to provide litigation support, which contractor executes a contract with
the Government agreeing to and acknowledging--
``(1) that proprietary or nonpublic technical data furnished
will be accessed and used only for the purposes stated in that
contract;
``(2) that the covered litigation support contractor will
take all reasonable steps to protect the proprietary and
nonpublic nature of the technical data furnished to the covered
litigation support contractor; and
``(3) that such technical data provided to the covered
litigation support contractor under the authority of this
section shall not be used by the covered litigation support
contractor to compete against the third party for Government or
non-Government contracts.''.
(b) <> Effective Date.--The amendments
made by subsection (a) shall take effect on the date that is 120 days
after the date of the enactment of this Act.
SEC. 802. DESIGNATION OF ENGINE DEVELOPMENT AND PROCUREMENT
PROGRAM AS MAJOR SUBPROGRAM.
(a) <> Designation as Major Subprogram.--Not later
than 30 days after the date of the enactment of this Act, the Secretary
of Defense shall designate an engine development and procurement program
as a major subprogram of the F-35 Lightning II aircraft major defense
acquisition program, in accordance with section 2430a of title 10,
United States Code.
(b) Original Baseline.--For purposes of reporting requirements
referred to in section 2430a(b) of title 10, United States Code, for the
major subprogram designated under subsection (a), the Secretary shall
use the Milestone B decision as the original baseline for the
subprogram.
(c) Actions Following Critical Cost Growth.--
(1) In general.--Subject to paragraph (2), to the extent
that the Secretary elects to restructure the Lightning II
aircraft major defense acquisition program subsequent to a
reassessment and actions required by subsections (a) and (c) of
section 2433a of title 10, United States Code, during fiscal
year 2010, and also conducts such reassessment and actions with
respect to an F-35 engine development and procurement program
(including related reporting based on the original baseline as
defined in subsection (c)), the requirements of section 2433a of
such title with respect to a major subprogram designated under
subsection (a) shall be considered to be met with respect to the
major subprogram.
(2) Limitation.--Actions taken in accordance with paragraph
(1) shall be considered to meet the requirements of section
2433a of title 10, United States Code, with respect
[[Page 4255]]
to a major subprogram designated under subsection (a) only to
the extent that designation as a major subprogram would require
the Secretary of Defense to conduct a reassessment and take
actions pursuant to such section 2433a for such a subprogram
upon enactment of this Act. The requirements of such section
2433a shall not be considered to be met with respect to such a
subprogram in the event that additional programmatic changes,
following the date of the enactment of this Act, cause the
program acquisition unit cost or procurement unit cost of such a
subprogram to increase by a percentage equal to or greater than
the critical cost growth threshold (as defined in section
2433(a)(5) of such title) for the subprogram.
SEC. 803. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY TO
RESPOND TO COMBAT AND SAFETY EMERGENCIES
THROUGH RAPID ACQUISITION AND DEPLOYMENT
OF URGENTLY NEEDED SUPPLIES.
(a) Requirement To Establish Procedures.--Subsection (a) of section
806 of the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (10 U.S.C. 2302 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``items'' and inserting ``supplies''; and
(2) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1)(A) currently under development by the Department of
Defense or available from the commercial sector; or
``(B) require only minor modifications to supplies described
in subparagraph (A); and''.
(b) Issues To Be Addressed.--Subsection (b) of such section is
amended--
(1) in paragraph (1)(B), by striking ``items'' and inserting
``supplies''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``items'' and inserting ``supplies'';
(B) in subparagraphs (A) and (B), by striking ``an
item'' and inserting ``the supplies''; and
(C) in subparagraph (C), by inserting ``and
utilization'' after ``deployment''.
(c) Response to Combat Emergencies.--Subsection (c) of such section
is amended--
(1) by striking ``equipment'' each place it appears other
than paragraph (5) and inserting ``supplies'';
(2) by striking ``combat capability'' each place it appears;
(3) by striking ``that has resulted in combat fatalities''
each place it appears and inserting ``that has resulted in
combat casualties, or is likely to result in combat
casualties'';
(4) in paragraph (1), by striking ``is'' and inserting
``are'';
(5) in paragraph (2)--
(A) in subparagraph (A), by striking ``is'' each
place it appears and inserting ``are''; and
(B) in subparagraph (B), by striking ``fatalities''
at the end and inserting ``casualties'';
(6) by amending paragraph (3) to read as follows:
``(3) In any fiscal year in which the Secretary makes a
determination described in paragraph (1), the Secretary may use any
[[Page 4256]]
funds available to the Department of Defense for that fiscal year for
acquisitions of supplies under this section if the determination
includes a written finding that the use of such funds is necessary to
address the combat capability deficiency in a timely manner. The
authority of this section may not be used to acquire supplies in an
amount aggregating more than $200,000,000 during any such fiscal
year.'';
(7) in paragraph (4)--
(A) by inserting ``, in consultation with the
Director of the Office of Management and Budget,'' after
``shall''; and
(B) by striking ``Each such notice'' and inserting
``For each such determination, the notice under the
preceding sentence''; and
(8) in paragraph (5), by striking ``that equipment'' and
inserting ``the supplies concerned''.
(d) Waiver of Certain Statues and Regulations.--Subsection (d)(1) of
such section <> is amended by striking ``equipment''
in subparagraphs (A), (B), and (C) and inserting ``supplies''.
(e) Testing Requirement.--Subsection (e) of such section is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``an item'' and inserting ``the supplies''; and
(B) in subparagraph (B), by striking ``of the item''
and all that follows through ``requirements document''
and inserting ``of the supplies in meeting the original
requirements for the supplies (as stated in a statement
of the urgent operational need'';
(2) in paragraph (2)--
(A) by striking ``an item'' and inserting
``supplies''; and
(B) by striking ``the item'' and inserting ``the
supplies''; and
(3) in paragraph (3), by striking ``items'' each place it
appears and inserting ``supplies''.
(f) Limitation.--Subsection (f) of such section is amended to read
as follows:
``(f) Limitation.--In the case of supplies that are part of a major
system for which a low-rate initial production quantity determination
has been made pursuant to section 2400 of title 10, United States Code,
the quantity of such supplies acquired using the procedures prescribed
pursuant to this section may not exceed an amount consistent with
complying with limitations on the quantity of articles approved for low-
rate initial production for such system. Any such supplies shall be
included in any relevant calculation of quantities for low-rate initial
production for the system concerned.''.
SEC. 804. <> REVIEW OF ACQUISITION
PROCESS FOR RAPID FIELDING OF CAPABILITIES
IN RESPONSE TO URGENT OPERATIONAL NEEDS.
(a) Review of Rapid Acquisition Process Required.--
(1) <> In general.--Not later
than one year after the date of the enactment of this Act, the
Secretary of Defense shall complete a review of the process for
the fielding of capabilities in response to urgent operational
needs and submit a report on the review to the congressional
defense committees.
[[Page 4257]]
(2) Review and report requirements.--The review pursuant to
this section shall include consideration of various improvements
to the acquisition process for rapid fielding of capabilities in
response to urgent operational needs. For each improvement, the
report on the review shall discuss--
(A) the Department's review of the improvement;
(B) if the improvement is being implemented by the
Department, a schedule for implementing the improvement;
and
(C) if the improvement is not being implemented by
the Department, an explanation of why the improvement is
not being implemented.
(3) Improvements to be considered.--The improvements that
shall be considered during the review are the following:
(A) Providing a streamlined, expedited, and tightly
integrated iterative approach to--
(i) the identification and validation of
urgent operational needs;
(ii) the analysis of alternatives and
identification of preferred solutions;
(iii) the development and approval of
appropriate requirements and acquisition
documents;
(iv) the identification and minimization of
development, integration, and manufacturing risks;
(v) the consideration of operation and
sustainment costs;
(vi) the allocation of appropriate funding;
and
(vii) the rapid production and delivery of
required capabilities.
(B) Clearly defining the roles and responsibilities
of the Office of the Secretary of Defense, the Joint
Chiefs of Staff, the military departments, and other
components of the Department of Defense for carrying out
all phases of the process.
(C) Designating a senior official within the Office
of the Secretary of Defense with primary responsibility
for making recommendations to the Secretary on the use
of the authority provided by subsections (c) and (d) of
section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302
note), as amended by section 803 of this Act, in
appropriate circumstances.
(D) Establishing a target date for the fielding of a
capability pursuant to each validated urgent operational
need.
(E) Implementing a system for--
(i) documenting key process milestones, such
as funding, acquisition, fielding, and assessment
decisions and actions; and
(ii) tracking the cost, schedule, and
performance of acquisitions conducted pursuant to
the process.
(F) Establishing a formal feedback mechanism for the
commanders of the combatant commands to provide
information to the Joint Chiefs of Staff and senior
acquisition officials on how well fielded solutions are
meeting urgent operational needs.
[[Page 4258]]
(G) Establishing a dedicated source of funding for
the rapid fielding of capabilities in response to urgent
operational needs.
(H) Issuing guidance to provide for the appropriate
transition of capabilities acquired through rapid
fielding into the traditional budget, requirements, and
acquisition process for purposes of contracts for
follow-on production, sustainment, and logistics
support.
(I) Such other improvements as the Secretary
considers appropriate.
(b) Discriminating Urgent Operational Needs From Traditional
Requirements.--
(1) <> Expedited review process.--Not
later than 270 days after the date of the enactment of this Act,
the Secretary shall develop and implement an expedited review
process to determine whether capabilities proposed as urgent
operational needs are appropriate for fielding through the
process for the rapid fielding of capabilities or should be
fielded through the traditional acquisition process.
(2) Elements.--The review process developed and implemented
pursuant to paragraph (1) shall--
(A) <> apply to the rapid
fielding of capabilities in response to joint urgent
operational need statements and to other urgent
operational needs statements generated by the military
departments and the combatant commands;
(B) identify officials responsible for making
determinations described in paragraph (1);
(C) establish appropriate time periods for making
such determinations;
(D) set forth standards and criteria for making such
determinations based on considerations of urgency, risk,
and life-cycle management;
(E) establish appropriate thresholds for the
applicability of the review process, or of elements of
the review process; and
(F) authorize appropriate officials to make
exceptions from standards and criteria established under
subparagraph (D) in exceptional circumstances.
(3) Covered capabilities.--The review process developed and
implemented pursuant to paragraph (1) shall provide that,
subject to such exceptions as the Secretary considers
appropriate for purposes of this section, the acquisition
process for rapid fielding of capabilities in response to urgent
operational needs is appropriate only for capabilities that--
(A) can be fielded within a period of two to 24
months;
(B) do not require substantial development effort;
(C) are based on technologies that are proven and
available; and
(D) can appropriately be acquired under fixed price
contracts.
(4) Inclusion in report.--The Secretary shall include a
description of the expedited review process implemented pursuant
to paragraph (1) in the report required by subsection (a).
[[Page 4259]]
SEC. 805. ACQUISITION OF MAJOR AUTOMATED INFORMATION SYSTEM
PROGRAMS.
(a) Program To Improve Information Technology Processes.--
(1) In general.--Chapter 131 of title 10, United States
Code, is amended by inserting after section 2223 the following
new section:
``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 such
programs; and
``(C) achievement of program and investment
outcomes;
``(3) a process to ensure that key program personnel have an
appropriate level of experience, training, and education in the
planning, acquisition, execution, management, and oversight of
information technology systems;
``(4) a process to ensure sufficient resources and
infrastructure capacity for test and evaluation of information
technology systems;
``(5) a process to ensure that military departments and
Defense Agencies adhere to established processes and
requirements relating to the planning, acquisition, execution,
management, and oversight of information technology programs and
developments; and
``(6) a process under which an appropriate Department of
Defense official may intervene or terminate the funding of an
information technology investment if the investment is at risk
of not achieving major project milestones.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 131 of such title is amended by inserting
after the item relating to section 2223 the following new item:
``2223a. Information technology acquisition planning and oversight
requirements.''.
(b) Annual Report to Congress.--Section 2445b(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraphs:
``(5) For each major automated information system program
for which such information has not been provided in a previous
annual report--
[[Page 4260]]
``(A) a description of the business case analysis
(if any) that has been prepared for the program and key
functional requirements for the program;
``(B) a description of the analysis of alternatives
conducted with regard to the program;
``(C) an assessment of the extent to which the
program, or portions of the program, have technical
requirements of sufficient clarity that the program, or
portions of the program, may be feasibly procured under
firm, fixed-price contracts;
``(D) the most recent independent cost estimate or
cost analysis for the program provided by the Director
of Cost Assessment and Program Evaluation in accordance
with section 2334(a)(6) of this title;
``(E) a certification by a Department of Defense
acquisition official with responsibility for the program
that all technical and business requirements have been
reviewed and validated to ensure alignment with the
business case; and
``(F) an explanation of the basis for the
certification described in subparagraph (E).
``(6) For each major automated information system program
for which the information required under paragraph (5) has been
provided in a previous annual report, a summary of any
significant changes to the information previously provided.''.
SEC. 806. <> REQUIREMENTS FOR
INFORMATION RELATING TO SUPPLY CHAIN RISK.
(a) Authority.--Subject to subsection (b), the head of a covered
agency may--
(1) carry out a covered procurement action; and
(2) limit, notwithstanding any other provision of law, in
whole or in part, the disclosure of information relating to the
basis for carrying out a covered procurement action.
(b) Determination and Notification.--The head of a covered agency
may exercise the authority provided in subsection (a) only after--
(1) obtaining a joint recommendation by the Under Secretary
of Defense for Acquisition, Technology, and Logistics and the
Chief Information Officer of the Department of Defense, on the
basis of a risk assessment by the Under Secretary of Defense for
Intelligence, that there is a significant supply chain risk to a
covered system;
(2) making a determination in writing, in unclassified or
classified form, with the concurrence of the Under Secretary of
Defense for Acquisition, Technology, and Logistics, that--
(A) use of the authority in subsection (a)(1) is
necessary to protect national security by reducing
supply chain risk;
(B) less intrusive measures are not reasonably
available to reduce such supply chain risk; and
(C) in a case where the head of the covered agency
plans to limit disclosure of information under
subsection (a)(2), the risk to national security due to
the disclosure of such information outweighs the risk
due to not disclosing such information; and
[[Page 4261]]
(3) providing a classified or unclassified notice of the
determination made under paragraph (2) to the appropriate
congressional committees, which notice shall include--
(A) the information required by section 2304(f)(3)
of title 10, United States Code;
(B) the joint recommendation by the Under Secretary
of Defense for Acquisition, Technology, and Logistics
and the Chief Information Officer of the Department of
Defense as specified in paragraph (1);
(C) a summary of the risk assessment by the Under
Secretary of Defense for Intelligence that serves as the
basis for the joint recommendation specified in
paragraph (1); and
(D) a summary of the basis for the determination,
including a discussion of less intrusive measures that
were considered and why they were not reasonably
available to reduce supply chain risk.
(c) Delegation.--The head of a covered agency may not delegate the
authority provided in subsection (a) or the responsibility to make a
determination under subsection (b) to an official below the level of the
service acquisition executive for the agency concerned.
(d) Limitation on Disclosure.--If the head of a covered agency has
exercised the authority provided in subsection (a)(2) to limit
disclosure of information--
(1) no action undertaken by the agency head under such
authority shall be subject to review in a bid protest before the
Government Accountability Office or in any Federal court; and
(2) <> the agency head shall--
(A) notify appropriate parties of a covered
procurement action and the basis for such action only to
the extent necessary to effectuate the covered
procurement action;
(B) notify other Department of Defense components or
other Federal agencies responsible for procurements that
may be subject to the same or similar supply chain risk,
in a manner and to the extent consistent with the
requirements of national security; and
(C) ensure the confidentiality of any such
notifications.
(e) Definitions.--In this section:
(1) Head of a covered agency.--The term ``head of a covered
agency'' means each of the following:
(A) The Secretary of Defense.
(B) The Secretary of the Army.
(C) The Secretary of the Navy.
(D) The Secretary of the Air Force.
(2) Covered procurement action.--The term ``covered
procurement action'' means any of the following actions, if the
action takes place in the course of conducting a covered
procurement:
(A) The exclusion of a source that fails to meet
qualification standards established in accordance with
the requirements of section 2319 of title 10, United
States Code, for the purpose of reducing supply chain
risk in the acquisition of covered systems.
(B) The exclusion of a source that fails to achieve
an acceptable rating with regard to an evaluation factor
[[Page 4262]]
providing for the consideration of supply chain risk in
the evaluation of proposals for the award of a contract
or the issuance of a task or delivery order.
(C) The decision to withhold consent for a
contractor to subcontract with a particular source or to
direct a contractor for a covered system to exclude a
particular source from consideration for a subcontract
under the contract.
(3) Covered procurement.--The term ``covered procurement''
means--
(A) a source selection for a covered system or a
covered item of supply involving either a performance
specification, as provided in section 2305(a)(1)(C)(ii)
of title 10, United States Code, or an evaluation
factor, as provided in section 2305(a)(2)(A) of such
title, relating to supply chain risk;
(B) the consideration of proposals for and issuance
of a task or delivery order for a covered system or a
covered item of supply, as provided in section
2304c(d)(3) of title 10, United States Code, where the
task or delivery order contract concerned includes a
contract clause establishing a requirement relating to
supply chain risk; or
(C) any contract action involving a contract for a
covered system or a covered item of supply where such
contract includes a clause establishing requirements
relating to supply chain risk.
(4) Supply chain risk.--The term ``supply chain risk'' means
the risk that an adversary may sabotage, maliciously introduce
unwanted function, or otherwise subvert the design, integrity,
manufacturing, production, distribution, installation,
operation, or maintenance of a covered system so as to surveil,
deny, disrupt, or otherwise degrade the function, use, or
operation of such system.
(5) Covered system.--The term ``covered system'' means a
national security system, as that term is defined in section
3542(b) of title 44, United States Code.
(6) Covered item of supply.--The term ``covered item of
supply'' means an item of information technology (as that term
is defined in section 11101 of title 40, United States Code)
that is purchased for inclusion in a covered system, and the
loss of integrity of which could result in a supply chain risk
for a covered system.
(7) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the case of a covered system included in the
National Intelligence Program or the Military
Intelligence Program, the Select Committee on
Intelligence of the Senate, the Permanent Select
Committee on Intelligence of the House of
Representatives, and the congressional defense
committees; and
(B) in the case of a covered system not otherwise
included in subparagraph (A), the congressional defense
committees.
(f) <> Effective Date.--The requirements of
this section shall take effect on the date that is 180 days after the
date of the enactment of this Act and shall apply to--
(1) contracts that are awarded on or after such date; and
[[Page 4263]]
(2) task and delivery orders that are issued on or after
such date pursuant to contracts that awarded before, on, or
after such date.
(g) Sunset.--The authority provided in this section shall expire on
the date that is three years after the date of the enactment of this
Act.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. COST ESTIMATES FOR PROGRAM BASELINES AND CONTRACT
NEGOTIATIONS FOR MAJOR DEFENSE ACQUISITION
AND MAJOR AUTOMATED INFORMATION SYSTEM
PROGRAMS.
Section 2334 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``paragraph (2)'' and
inserting ``paragraph (3)''; and
(ii) by striking ``, the rationale for
selecting such confidence level, and, if such
confidence level is less than 80 percent, the
justification for selecting a confidence level of
less than 80 percent; and'' and inserting ``and
the rationale for selecting such confidence
level;'';
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) ensure that such confidence level provides a high
degree of confidence that the program can be completed without
the need for significant adjustment to program budgets; and'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Estimates for Program Baseline and Analyses and Targets for
Contract Negotiation Purposes.--(1) The policies, procedures, and
guidance issued by the Director of Cost Assessment and Program
Evaluation in accordance with the requirements of subsection (a) shall
provide that--
``(A) cost estimates developed for baseline descriptions and
other program purposes conducted pursuant to subsection (a)(6)
are not to be used for the purpose of contract negotiations or
the obligation of funds; and
``(B) cost analyses and targets developed for the purpose of
contract negotiations and the obligation of funds are based on
the Government's reasonable expectation of successful contractor
performance in accordance with the contractor's proposal and
previous experience.
``(2) The Program Manager and contracting officer for each major
defense acquisition program and major automated information system
program shall ensure that cost analyses and targets developed for the
purpose of contract negotiations and the obligation of funds are carried
out in accordance with the requirements of paragraph (1) and the
policies, procedures, and guidance issued by the Director of Cost
Assessment and Program Evaluation.
[[Page 4264]]
``(3) Funds that are made available for a major defense acquisition
program or major automated information system program in accordance with
a cost estimate conducted pursuant to subsection (a)(6), but are excess
to a cost analysis or target developed pursuant to paragraph (2), shall
remain available for obligation in accordance with the terms of
applicable authorization and appropriations Acts.
``(4) Funds described in paragraph (3)--
``(A) may be used--
``(i) to cover any increased program costs
identified by a revised cost analysis or target
developed pursuant to paragraph (2);
``(ii) to acquire additional end items in accordance
with the requirements of section 2308 of this title; or
``(iii) to cover the cost of risk reduction and
process improvements; and
``(B) may be reprogrammed, in accordance with established
procedures, only if determined to be excess to program needs on
the basis of a cost estimate developed with the concurrence of
the Director of Cost Assessment and Program Evaluation.''.
SEC. 812. <> MANAGEMENT OF MANUFACTURING
RISK IN MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) <> Guidance Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall issue comprehensive guidance on the management of manufacturing
risk in major defense acquisition programs.
(b) Elements.--The guidance issued under subsection (a) shall, at a
minimum--
(1) require the use of manufacturing readiness levels as a
basis for measuring, assessing, reporting, and communicating
manufacturing readiness and risk on major defense acquisition
programs throughout the Department of Defense;
(2) provide guidance on the definition of manufacturing
readiness levels and how manufacturing readiness levels should
be used to assess manufacturing risk and readiness in major
defense acquisition programs;
(3) specify manufacturing readiness levels that should be
achieved at key milestones and decision points for major defense
acquisition programs;
(4) identify tools and models that may be used to assess,
manage, and reduce risks that are identified in the course of
manufacturing readiness assessments for major defense
acquisition programs; and
(5) require appropriate consideration of the manufacturing
readiness and manufacturing readiness processes of potential
contractors and subcontractors as a part of the source selection
process for major defense acquisition programs.
(c) Manufacturing Readiness Expertise.--The Secretary shall ensure
that--
(1) the acquisition workforce chapter of the annual
strategic workforce plan required by section 115b of title 10,
United States Code, includes an assessment of the critical
manufacturing readiness knowledge and skills needed in the
acquisition workforce and a plan of action for addressing any
gaps in such knowledge and skills; and
[[Page 4265]]
(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. 813. MODIFICATION AND EXTENSION OF REQUIREMENTS OF THE WEAPON
SYSTEM ACQUISITION REFORM ACT OF 2009.
(a) Extension of Reporting Requirements.--Section 102(b) of the
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123
Stat. 1714; 10 U.S.C. 2430 note) is amended--
(1) in paragraph (2), by inserting ``, and not later than
February 15 of each year from 2011 through 2014'' after ``Not
later than 180 days after the date of the enactment of this
Act''; and
(2) in paragraph (3), by striking ``The first annual
report'' and inserting ``Each annual report from 2010 through
2014''.
(b) Clarification That Prototypes May Be Acquired From Commercial,
Government, or Academic Sources.--Paragraph (4) of section 203(a) of the
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123
Stat. 1722; 10 U.S.C. 2430 note) is amended to read as follows:
``(4) That prototypes--
``(A) may be required under paragraph (1) or (3) for
the system to be acquired or, if prototyping of the
system is not feasible, for critical subsystems of the
system; and
``(B) may be acquired from commercial, government,
or academic sources.''.
(c) Clarification That Certifications Are Not Required for Major
Defense Acquisition Programs Following Milestone C Approval.--Section
204(c)(2) of the Weapon Systems Acquisition Reform Act of 2009 (123
Stat. 1724) <> is amended--
(1) in subparagraph (A), by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) has not yet achieved a Milestone C
approval.''.
(d) Clarification That Certain Milestone B Certification Criteria
May Be Waived.--
(1) <> Waiver
authority.--Effective as of May 22, 2009, section 2366b(d) of
title 10, United States Code, as amended by section 205(a)(1) of
the Weapon Systems Acquisition Reform Act of 2009 (123 Stat.
1724), is amended--
(A) in paragraph (1), by striking ``specified in
paragraph (1) or (2) of subsection (a)'' and inserting
``specified in paragraph (1), (2), or (3) of subsection
(a)''; and
(B) in paragraph (2), by striking ``specified in
paragraphs (1) and (2) of subsection (a)'' and inserting
``specified in paragraphs (1), (2), and (3) of
subsection (a)''.
[[Page 4266]]
(2) Determination regarding satisfaction of certification
components.--Effective as of <> May 22,
2009, and as if included therein as enacted, section 205(b)(1)
of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C.
2366b note) is amended by striking ``certification components
specified in paragraphs (1) and (2) of subsection (a) of section
2366b of title 10, United States Code'' and inserting
``certification components specified in paragraphs (1), (2), and
(3) of subsection (a) of section 2366b of title 10, United
States Code''.
(e) <> Correction to Reference.--Effective
as of May 22, 2009, and as if included therein as enacted, section
205(c) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C.
2433a note) is amended by striking ``section 2433a(c)(3)'' and inserting
``section 2433a(c)(1)(C)''.
SEC. 814. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE
ACQUISITION PROGRAMS UNDER VARIOUS
ACQUISITION-RELATED REQUIREMENTS.
(a) Reporting Requirements.--Section 2430a(b) of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by inserting ``(1)'' before ``If the Secretary'';
(3) in subparagraph (A), as so redesignated, by inserting
``(other than as provided in paragraph (2))'' before the
semicolon; and
(4) by adding at the end the following new paragraph:
``(2) For a major defense acquisition program for which a
designation of a major subprogram has been made under subsection (a),
unit costs under this chapter shall be submitted in accordance with the
definitions in subsection (d).''.
(b) Milestone A Approval Certification Requirements.--Section 2366a
of such title is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``a major defense
acquisition program certified by the Milestone Decision
Authority under subsection (a), if the projected cost of
the program'' and inserting ``a major defense
acquisition program certified by the Milestone Decision
Authority under subsection (a) or a designated major
subprogram of such program, if the projected cost of the
program or subprogram''; and
(B) in paragraph (2), by inserting ``or designated
major subprogram'' after ``major defense acquisition
program''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6), respectively;
and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) <> The term `designated major
subprogram' means a major subprogram of a major defense
acquisition program designated under section 2430a(a)(1) of this
title.''.
(c) Milestone B Approval Certification Requirements.--Section 2366b
of such title is amended--
(1) in subsection (b)(1)--
[[Page 4267]]
(A) by striking ``any changes to the program'' and
inserting ``any changes to the program or a designated
major subprogram of such program''; and
(B) in subparagraph (B), by striking ``otherwise
cause the program'' and inserting ``otherwise cause the
program or subprogram''; and
(2) in subsection (g)--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) <> The term `designated major
subprogram' means a major subprogram of a major defense
acquisition program designated under section 2430a(a)(1) of this
title.''.
(d) Conforming Amendments to Section 2399.--Subsection (a) of
section 2399 of such title <> is amended to read as
follows:
``(a) Condition for Proceeding Beyond Low-rate Initial Production.--
(1) The Secretary of Defense shall provide that a covered major defense
acquisition program or a covered designated major subprogram may not
proceed beyond low-rate initial production until initial operational
test and evaluation of the program or subprogram is completed.
``(2) <> In this subsection:
``(A) The term `covered major defense acquisition program'
means a major defense acquisition program that involves the
acquisition of a weapon system that is a major system within the
meaning of that term in section 2302(5) of this title.
``(B) The term `covered designated major subprogram' means a
major subprogram designated under section 2430a(a)(1) of this
title that is a major subprogram of a covered major defense
acquisition program.''.
(e) Conforming Amendments to Section 2434.--Section 2434(a) of such
title is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(2) <> The provisions of this section shall
apply to any major subprogram of a major defense acquisition program (as
designated under section 2430a(a)(1) of this title) in the same manner
as those provisions apply to a major defense acquisition program, and
any reference in this section to a program shall be treated as including
such a subprogram.''.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. PROVISIONS RELATING TO FIRE RESISTANT FIBER FOR
PRODUCTION OF MILITARY UNIFORMS.
(a) Extension.--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) is amended in subsection (f) by striking ``on the date that
is five years after the date of the enactment of this Act'' and
inserting ``on January 1, 2015''.
[[Page 4268]]
(b) Prohibition on Specification in Solicitations.--No solicitation
issued before January 1, 2015, by the Department of Defense may include
a requirement that proposals submitted pursuant to such solicitation
must include the use of fire resistant rayon fiber.
(c) Report Required.--
(1) In general.--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.
(2) Elements.--The report required by paragraph (1) shall
include, at a minimum, an analysis of the following:
(A) The current and anticipated sources of fire
resistant rayon fiber for the production of military
uniforms.
(B) The extent to which fire resistant rayon fiber
has unique properties that provide advantages for the
production of military uniforms.
(C) 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.
(D) The actions the Department of Defense has taken
to identify alternatives to fire resistant rayon fiber
for the production of military uniforms.
(E) The extent to which such alternatives provide an
adequate substitute for fire resistant rayon fiber for
the production of military uniforms.
(F) The impediments to the use of such alternatives,
and the actions the Department has taken to overcome
such impediments.
(G) The extent to which uncertainty regarding the
future availability of fire resistant rayon fiber
results in instability or inefficiency for elements of
the United States textile industry that use fire
resistant rayon fiber, 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.
(H) The extent to which any modifications to
existing law or regulation may be necessary to ensure
the efficient acquisition of fire resistant fiber or
alternative fire resistant products for the production
of military uniforms.
SEC. 822. 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.
[[Page 4269]]
SEC. 823. <> REVIEW OF REGULATORY
DEFINITION RELATING TO PRODUCTION OF
SPECIALTY METALS.
(a) Review Required.--The Secretary of Defense shall review the
regulations specified in subsection (b) to ensure that the definition of
the term ``produce'' in such regulations complies with the requirements
of section 2533b of title 10, United States Code. In carrying
out <> the review, the Secretary shall seek
public comment, consider congressional intent, and revise the
regulations as the Secretary considers necessary and appropriate.
(b) Regulations Specified.--The regulations referred to in
subsection (a) are any portion of subpart 252.2 of the defense
supplement to the Federal Acquisition Regulation that includes a
definition of the term ``produce'' for purposes of implementing section
2533b of title 10, United States Code.
(c) <> Completion of Review.--The Secretary shall
complete the review required by subsection (a) and any necessary and
appropriate revisions to the defense supplement to the Federal
Acquisition Regulation not later than 270 days after the date of the
enactment of this Act.
SEC. 824. <> GUIDANCE RELATING TO RIGHTS
IN TECHNICAL DATA.
(a) Review of Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall review
guidance issued by the military departments on the implementation of
section 2320(e) of title 10, United States Code, to ensure that such
guidance is consistent with the guidance issued by the Under Secretary
of Defense for Acquisition, Technology, and Logistics and the
requirements of this section. 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 as defined in
accordance with the amendments made by this section; 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)(F)(i)--
(A) by redesignating subclauses (I) and (II) as
subclauses (II) and (III), respectively; and
(B) by inserting before subclause (II), as so
redesignated, the following new subclause (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
(2) in paragraph (3), by striking ``for the purposes of
definitions under this paragraph'' and inserting ``for the
purposes of paragraph (2)(B), but shall be considered to be
Federal funds for the purposes of paragraph (2)(A)''.
(c) Validation of Proprietary Data Restrictions.--Section 2321(d)(2)
of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``A challenge'' and
inserting ``Except as provided in subparagraph (C), a
challenge''; and
(2) by adding at the end the following new subparagraph (C):
[[Page 4270]]
``(C) The limitation in this paragraph shall not apply to a case in
which the Secretary finds that reasonable grounds exist to believe that
a contractor or subcontractor has erroneously asserted a use or release
restriction with regard to technical data described in section
2320(a)(2)(A) of this title.''.
SEC. 825. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF TASK
AND DELIVERY ORDER CONTRACTS.
Paragraph (3) of section 2304c(e) of title 10, United States Code,
is amended to read as follows:
``(3) Paragraph (1)(B) and paragraph (2) of this subsection shall
not be in effect after September 30, 2016.''.
SEC. 826. INCLUSION OF OPTION AMOUNTS IN LIMITATIONS ON AUTHORITY
OF THE DEPARTMENT OF DEFENSE 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. 827. PERMANENT AUTHORITY FOR DEFENSE ACQUISITION CHALLENGE
PROGRAM; PILOT EXPANSION OF PROGRAM.
(a) Permanent Authority.--Section 2359b of title 10, United States
Code, is amended--
(1) by striking subsections (j) and (k); and
(2) by redesignating subsection (l) as subsection (j).
(b) Pilot Program.--Section 2359b of title 10, United States Code,
as amended by subsection (a), is further amended by adding at the end
the following new subsection (k):
``(k) Pilot Program for Programs Other Than Major Defense
Acquisition Programs.--
``(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall carry out a pilot
program to expand the use of the authority provided in this
section to provide opportunities for the introduction of
innovative and cost-saving approaches to programs other than
major defense acquisition programs through the submission,
review, and implementation, where appropriate, of qualifying
proposals.
``(2) Qualifying proposals.--For purposes of this
subsection, a qualifying proposal is an offer to supply a
nondevelopmental item that--
``(A) is evaluated as achieving a level of
performance that is at least equal to the level of
performance of an item being procured under a covered
acquisition program and as providing savings in excess
of 15 percent after considering all costs to the
Government of implementing such proposal; or
``(B) is evaluated as achieving a level of
performance that is significantly better than the level
of performance of an item being procured under a covered
acquisition program without any increase in cost to the
Government.
[[Page 4271]]
``(3) Review procedures.--The Under Secretary shall adopt
modifications as may be needed to the procedures applicable to
the Challenge Program to provide for Department of Defense
review of, and action on, qualifying proposals. Such procedures
shall include, at a minimum, the issuance of a broad agency
announcement inviting interested parties to submit qualifying
proposals in areas of interest to the Department.
``(4) Definitions.--In this subsection:
``(A) Nondevelopmental item.--The term
`nondevelopmental item' has the meaning given that term
in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).
``(B) Covered acquisition program.--The term
`covered acquisition program' means any acquisition
program of the Department of Defense other than a major
defense acquisition program, but does not include any
contract awarded under an exception to competitive
acquisition authorized by the Small Business Act (15
U.S.C. 631 et seq.)
``(C) Level of performance.--The term `level of
performance', with respect to a nondevelopmental item,
means the extent to which the item demonstrates required
item functional characteristics.
``(5) Sunset.--The authority to carry out the pilot program
under this subsection shall terminate on the date that is five
years after the date of the enactment of this Act.''.
SEC. 828. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Competition Requirements for Task or Delivery Orders Under
Energy Savings Performance Contracts.--Section 801 of the National
Energy Conservation Policy Act (42 U.S.C. 8287) is amended by adding at
the end the following:
``(c) Task or Delivery Orders.--(1) The head of a Federal agency may
issue a task or delivery order under an energy savings performance
contract by--
``(A) notifying all contractors that have received an award
under such contract that the agency proposes to discuss energy
savings performance services for some or all of its facilities
and, following a reasonable period of time to provide a proposal
in response to the notice, soliciting from such contractors the
submission of expressions of interest in, and contractor
qualifications for, performing site surveys or investigations
and feasibility designs and studies, and including in the notice
summary information concerning energy use for any facilities
that the agency has specific interest in including in such task
or delivery order;
``(B) reviewing all expressions of interest and
qualifications submitted pursuant to the notice under
subparagraph (A);
``(C) selecting two or more contractors (from among those
reviewed under subparagraph (B)) to conduct discussions
concerning the contractors' respective qualifications to
implement potential energy conservation measures, including--
``(i) requesting references and specific detailed
examples with respect to similar efforts and the
resulting energy savings of such similar efforts; and
[[Page 4272]]
``(ii) requesting an explanation of how such similar
efforts relate to the scope and content of the task or
delivery order concerned;
``(D) selecting and authorizing--
``(i) more than one contractor (from among those
selected under subparagraph (C)) to conduct site
surveys, investigations, feasibility designs and
studies, or similar assessments for the energy savings
performance contract services (or for discrete portions
of such services), for the purpose of allowing each such
contractor to submit a firm, fixed-price proposal to
implement specific energy conservation measures; or
``(ii) one contractor (from among those selected
under subparagraph (C)) to conduct a site survey,
investigation, feasibility design and study, or similar
assessment for the purpose of allowing the contractor to
submit a firm, fixed-price proposal to implement
specific energy conservation measures;
``(E) providing a debriefing to any contractor not selected
under subparagraph (D);
``(F) negotiating a task or delivery order for energy
savings performance contracting services with the contractor or
contractors selected under subparagraph (D) based on the energy
conservation measures identified; and
``(G) issuing a task or delivery order for energy savings
performance contracting services to such contractor or
contractors.
``(2) The issuance of a task or delivery order for energy savings
performance contracting services pursuant to paragraph (1) is deemed to
satisfy the task and delivery order competition requirements in section
2304c(d) of title 10, United States Code, and section 303J(d) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253j(d)).
``(3) The Secretary may issue guidance as necessary to agencies
issuing task or delivery orders pursuant to paragraph (1).''.
(b) <> Effective Date.--The amendment made
by subsection (a) is inapplicable to task or delivery orders issued
before the date of enactment of this Act.
SEC. 829. DEFINITION OF MATERIALS CRITICAL TO NATIONAL SECURITY.
(a) Definitions.--Section 187 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) Definitions.--In this section:
``(1) The term `materials critical to national security'
means materials--
``(A) upon which the production or sustainment of
military equipment is dependent; and
``(B) the supply of which could be restricted by
actions or events outside the control of the Government
of the United States.
``(2) The term `military equipment' means equipment used
directly by the armed forces to carry out military operations.
``(3) The term `secure supply', with respect to a material,
means the availability of a source or sources for the material,
including the full supply chain for the material and components
containing the material.''.
[[Page 4273]]
(b) Amendment Relating to Duties.--Subsection (b) of section 187 of
such title <> is amended to read as follows:
``(b) Duties.--In addition to other matters assigned to it by the
Secretary of Defense, the Board shall--
``(1) <> determine the need to
provide a long term secure supply of materials designated as
critical to national security to ensure that national defense
needs are met;
``(2) analyze the risk associated with each material
designated as critical to national security and the effect on
national defense that the nonavailability of such material would
have;
``(3) <> recommend a strategy to the
President to ensure a secure supply of materials designated as
critical to national security;
``(4) <> recommend such other strategies
to the President as the Board considers appropriate to
strengthen the industrial base with respect to materials
critical to national security; and
``(5) <> publish not less frequently
than once every two years in the Federal Register
recommendations regarding materials critical to national
security, including a list of specialty metals, if any,
recommended for addition to, or removal from, the definition of
`specialty metal' for purposes of section 2533b of this
title.''.
Subtitle D--Contractor Matters
SEC. 831. 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 (Public Law 110-
181; 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
[[Page 4274]]
(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 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 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 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 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.
``(e) Rule of Construction.--The duty of a contractor 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
(Public Law 110-181; 10 U.S.C. 2302 note) 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:
[[Page 4275]]
(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 issued 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 such section 862, into the following:
(A) Any contract described in paragraph (2)(A).
(B) Any task or delivery order described in
paragraph (2)(B).
SEC. 832. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING
PRIVATE SECURITY FUNCTIONS TO AREAS OF
OTHER SIGNIFICANT MILITARY OPERATIONS.
(a) Areas of Other Significant Military Operations.--Section 862 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 10 U.S.C. 2302 note), as amended by section 831, is further
amended--
(1) by striking ``combat operations'' each place it appears
and inserting ``combat operations or other significant military
operations''; and
(2) in subsection (f), as redesignated by such section 831--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(B) in paragraph (1)--
(i) by inserting ``either'' after
``constituting''; and
(ii) by adding at the end the following: ``In
making designations under this paragraph, the
Secretary shall ensure that an area is not
designated in whole or part as both an area of
combat operations and an area of other significant
military operations.''; and
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) <> Other significant military
operations.--For purposes of this section, the term `other
significant military operations' means activities, other than
combat operations, as part of an overseas contingency operation
that are carried out by United States Armed Forces in an
uncontrolled or unpredictable high-threat environment where
personnel performing security functions may be called upon to
use deadly force.''.
(b) Additional Areas Considered for Designation.--
(1) <> Determination required for certain
areas.--Not later than 150 days after the date of the enactment
of this Act, the Secretary of Defense shall make a written
determination for each of the following areas regarding whether
or not the area constitutes an area of combat operations or an
area of other significant military operations for purposes of
designation as such an area under section 862 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 2302 note), as amended by this section:
(A) The Horn of Africa region.
(B) Yemen.
[[Page 4276]]
(C) The Philippines.
(2) <> Submission to congress.--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 copy of each written determination under paragraph
(1), together with an explanation of the basis for such
determination.
(c) Limitation and Exception.--Section 862 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C.
2302 note), as amended by subsection (a) and by section 831, is further
amended--
(1) by redesignating subsection (g), as redesignated by such
section 831, as subsection (h) and inserting after subsection
(f) the following new subsection (g):
``(g) <> Limitation.--With respect to an area
of other significant military operations, the requirements of this
section shall apply only upon agreement of the Secretary of Defense and
the Secretary of State. An agreement of the Secretaries under this
subsection may be made only on an area-by-area basis. With respect to an
area of combat operations, the requirements of this section shall always
apply.''; and
(2) in subsection (h), as so redesignated--
(A) by striking the subsection designation and
``Exception.--'' and inserting the following:
``(h) Exceptions.--
``(1) Intelligence activities.--''; and
(B) by adding at the end the following new
paragraph:
``(2) Nongovernmental organizations.--The requirements of
this section shall not apply to a nonprofit nongovernmental
organization receiving grants or cooperative agreements for
activities conducted within an area of other significant
military operations if the Secretary of Defense and the
Secretary of State agree that such organization may be exempted.
An exemption may be granted by the agreement of the Secretaries
under this paragraph on an organization-by-organization or area-
by-area basis. Such an exemption may not be granted with respect
to an area of combat operations.''.
(d) Report on Implementation.--Not later than 180 days after a
designation of an area as an area of combat operations or an area of
other significant military operations pursuant to subsection (b)(2), the
Secretary of Defense, in coordination with the Secretary of State, shall
submit to Congress a report on steps taken or planned to be taken to
implement the regulations prescribed under section 862 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10
U.S.C. 2302 note) in such area. In the case of any agreement by the
Secretaries to limit the applicability of such section or exempt
nongovernmental organizations from such section, pursuant to subsections
(g) or (h)(1) of such section (as added by subsection (c)), the report
shall document the basis for such agreement.
SEC. 833. <> STANDARDS AND CERTIFICATION
FOR PRIVATE SECURITY CONTRACTORS.
(a) Review of Third-Party Standards and Certification Processes.--
Not later than 90 days <> after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) <> determine whether the private
sector has developed--
[[Page 4277]]
(A) operational and business practice standards
applicable to private security contractors; and
(B) third-party certification processes for
determining whether private security contractors adhere
to standards described in subparagraph (A); and
(2) review any standards and processes identified pursuant
to paragraph (1) to determine whether the application of such
standards and processes will make a substantial contribution to
the successful performance of private security functions in
areas of combat operations or other significant military
operations.
(b) <> Revised Regulations.--Not later
than 270 days after the date of the enactment of this Act, the Secretary
of Defense shall revise the regulations promulgated under section 862 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 10 U.S.C. 2302 note) to ensure that such regulations--
(1) establish criteria for defining standard practices for
the performance of private security functions, which shall
reflect input from industry representatives as well as the
Inspector General of the Department of Defense; and
(2) establish criteria for weapons training programs for
contractors performing private security functions, including
minimum requirements for weapons training programs of
instruction and minimum qualifications for instructors for such
programs.
(c) Inclusion of Third-Party Standards and Certifications in Revised
Regulations.--
(1) Standards.--If the Secretary determines that the
application of operational and business practice standards
identified pursuant to subsection (a)(1)(A) will make a
substantial contribution to the successful performance of
private security functions in areas of combat operations or
other significant military operations, the revised regulations
promulgated pursuant to subsection (b) shall incorporate a
requirement to comply with such standards, subject to such
exceptions as the Secretary may determine to be necessary.
(2) Certifications.--If the Secretary determines that the
application of a third-party certification process identified
pursuant to subsection (a)(1)(B) will make a substantial
contribution to the successful performance of private security
functions in areas of combat operations or other significant
military operations, the revised regulations promulgated
pursuant to subsection (b) may provide for the consideration of
such certifications as a factor in the evaluation of proposals
for award of a covered contract for the provision of private
security functions, subject to such exceptions as the Secretary
may determine to be necessary.
(d) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means--
(A) a contract of the Department of Defense for the
performance of services;
(B) a subcontract at any tier under such a contract;
or
(C) a task order or delivery order issued under such
a contract or subcontract.
[[Page 4278]]
(2) Contractor.--The term ``contractor'' means, with respect
to a covered contract, the contractor or subcontractor carrying
out the covered contract.
(3) Private security functions.--The term ``private security
functions'' means activities engaged in by a contractor under a
covered contract as follows:
(A) Guarding of personnel, facilities, or property
of a Federal agency, the contractor or subcontractor, or
a third party.
(B) Any other activity for which personnel are
required to carry weapons in the performance of their
duties.
(e) Exception.--The requirements of this section shall not apply to
contracts entered into by elements of the intelligence community in
support of intelligence activities.
SEC. 834. ENHANCEMENTS OF AUTHORITY OF SECRETARY OF DEFENSE TO
REDUCE OR DENY AWARD FEES TO COMPANIES
FOUND TO JEOPARDIZE THE HEALTH OR SAFETY
OF GOVERNMENT PERSONNEL.
(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) In an administrative proceeding, 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) 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; and
``(B) such contractor is not subject to the
jurisdiction of United States courts.
``(3) Construction of determination.--A final determination
under this subsection may be used only for the purpose
[[Page 4279]]
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) In an administrative proceeding, 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 issued on or after the
date of the enactment of this Act under a contract entered into
before, on, or after that date.
SEC. 835. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON
CONTRACTING IN IRAQ AND AFGHANISTAN.
Section 863 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is amended to read
as follows:
``SEC. 863. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON
CONTRACTING IN IRAQ AND AFGHANISTAN.
``(a) Joint Report Required.--
``(1) In general.--Except as provided in paragraph (6),
every 12 months, the Secretary of Defense, the Secretary of
State, and the Administrator of the United States Agency for
International Development shall submit to the relevant
committees of Congress a joint report on contracts in Iraq or
Afghanistan.
``(2) Primary matters covered.--A report under this
subsection shall, at a minimum, cover the following with respect
to contracts in Iraq and Afghanistan during the reporting
period:
``(A) Total number of contracts awarded.
``(B) Total number of active contracts.
``(C) Total value of all contracts awarded.
``(D) Total value of active contracts.
``(E) The extent to which such contracts have used
competitive procedures.
[[Page 4280]]
``(F) Total number of contractor personnel working
on contracts at the end of each quarter of the reporting
period.
``(G) Total number of contractor personnel who are
performing security functions at the end of each quarter
of the reporting period.
``(H) Total number of contractor personnel killed or
wounded.
``(3) Additional matters covered.--A report under this
subsection shall also cover the following:
``(A) The sources of information and data used to
compile the information required under paragraph (2).
``(B) A description of any known limitations of the
data reported under paragraph (2), including known
limitations of the methodology and data sources used to
compile the report.
``(C) Any plans for strengthening collection,
coordination, and sharing of information on contracts in
Iraq and Afghanistan through improvements to the common
databases identified under section 861(b)(4).
``(4) Reporting period.--A report under this subsection
shall cover a period of not less than 12 months.
``(5) Submission of reports.--The Secretaries and the
Administrator shall submit an initial report under this
subsection not later than February 1, 2011, and shall submit an
updated report by February 1 of every year thereafter until
February 1, 2013.
``(6) Exception.--If the total annual amount of obligations
for contracts in Iraq and Afghanistan combined is less than
$250,000,000 for the reporting period, for all three agencies
combined, the Secretaries and the Administrator may submit, in
lieu of a report, a letter stating the applicability of this
paragraph, with such documentation as the Secretaries and the
Administrator consider appropriate.
``(7) Estimates.--In determining the total number of
contractor personnel working on contracts under paragraph
(2)(F), the Secretaries and the Administrator may use estimates
for any category of contractor personnel for which they
determine it is not feasible to provide an actual count. The
report shall fully disclose the extent to which estimates are
used in lieu of an actual count.
``(b) Comptroller General Review and Report.--
``(1) In general.--Within 180 days after submission of each
annual joint report required under subsection (a), but in no
case later than August 5 of each year until 2013, the
Comptroller General of the United States shall review the joint
report and submit to the relevant committees of Congress a
report on such review.
``(2) Matters covered.--A report under this subsection
shall, at minimum--
``(A) assess the data and data sources used in
developing the joint report;
``(B) review how the Department of Defense, the
Department of State, and the United States Agency for
International Development are using the data and the
data sources used to develop the joint report in
managing, overseeing, and coordinating contracting in
Iraq and Afghanistan;
[[Page 4281]]
``(C) assess the plans of the departments and agency
for strengthening or improving the common databases
identified under section 861(b)(4); and
``(D) review and make recommendations on any
specific contract or class of contracts that the
Comptroller General determines raises issues of
significant concern.
``(3) Access to databases and other information.--The
Secretary of Defense, the Secretary of State, and the
Administrator of the United States Agency for International
Development shall provide to the Comptroller General full access
to information on contracts in Iraq and Afghanistan for the
purposes of the review carried out under this subsection,
including the common databases identified under section
861(b)(4).''.
Subtitle E--Other Matters
SEC. 841. 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.''.
[[Page 4282]]
(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. 842. DEPARTMENT OF DEFENSE POLICY ON ACQUISITION AND
PERFORMANCE OF SUSTAINABLE PRODUCTS AND
SERVICES.
(a) Finding.--Congress finds the following:
(1) 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.
(2) The Department of Defense Strategic Sustainability
Performance Plan, issued in August 2010, provides a framework
for the Department's compliance with Executive Order No. 13514
and other applicable sustainability requirements.
(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, by the Department to identify particular
sustainable products and services that contribute to the
achievement of the objectives and goals described in
paragraph (1).
(B) 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 (A) across the Department, and
a description of the actions taken, and to be taken, by
the Department to use such tools.
(C) 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.
(D) An assessment of the progress the Department has
made toward the achievement of the objectives and goals
described in paragraph (1), including the scorecard
identified in its Strategic Sustainability Performance
Plan.
SEC. 843. ASSESSMENT AND PLAN FOR CRITICAL RARE EARTH MATERIALS IN
DEFENSE APPLICATIONS.
(a) Assessment Required.--
[[Page 4283]]
(1) In general.--The Secretary of Defense shall undertake an
assessment of the supply and demand for rare earth materials in
defense applications and identify which, if any, rare earth
material meets both of the following criteria:
(A) The rare earth material is critical to the
production, sustainment, or operation of significant
United States military equipment.
(B) The rare earth material is subject to
interruption of supply, based on actions or events
outside the control of the Government of the United
States.
(2) Evaluation of supply.--The assessment shall include a
comprehensive evaluation of the long-term security and
availability of all aspects of the supply chain for rare earth
materials in defense applications, particularly the location and
number of sources at each step of the supply chain, including--
(A) mining of rare earth ores;
(B) separation of rare earth oxides;
(C) refining and reduction of rare earth metals;
(D) creation of rare earth alloys;
(E) manufacturing of components and systems
containing rare earth materials; and
(F) recycling of components and systems to reclaim
and reuse rare earth materials.
(3) Evaluation of demand.--The assessment shall include a
comprehensive evaluation of the demand for and usage of rare
earth materials in all defense applications, including--
(A) approximations of the total amounts of
individual rare earth materials used in defense
applications;
(B) determinations of which, if any, defense
applications are dependent upon rare earth materials for
proper operation and functioning; and
(C) assessments of the feasibility of alternatives
to usage of rare earth materials in defense
applications.
(4) Other studies and agencies.--Any applicable studies
conducted by the Department of Defense, the Comptroller General
of the United States, or other Federal agencies during fiscal
year 2010 may be considered as partial fulfillment of the
requirements of this section. The Secretary may consider the
views of other Federal agencies, as appropriate.
(5) Specific material included.--At a minimum, the Secretary
shall identify sintered neodymium iron boron magnets as meeting
the criteria specified in paragraph (1).
(b) <> Plan.--For each rare earth material
identified pursuant to subsection (a)(1), the Secretary shall develop a
plan to ensure the long-term availability of such rare earth material,
with a goal of establishing an assured source of supply of such material
in critical defense applications by December 31, 2015. In developing the
plan, the Secretary shall consider all aspects of the material's supply
chain, as described in subsection (a)(2). The plan shall include
consideration of numerous risk mitigation methods with respect to the
material, including--
(1) an assessment of including the material in the National
Defense Stockpile;
(2) in consultation with the United States Trade
Representative, the identification of any trade practices known
to the Secretary that limit the Secretary's ability to ensure
the long-term availability of such material or the ability to
meet the
[[Page 4284]]
goal of establishing an assured source of supply of such
material by December 31, 2015;
(3) an assessment of the availability of financing to
industry, academic institutions, or not-for-profit entities to
provide the capacity required to ensure the availability of the
material, as well as potential mechanisms to increase the
availability of such financing;
(4) an assessment of the benefits, if any, of Defense
Production Act funding to support the establishment of an
assured source of supply for military components;
(5) an assessment of funding for research and development
related to any aspect of the rare earth material supply chain or
research on alternatives and substitutes;
(6) any other risk mitigation method determined appropriate
by the Secretary that is consistent with the goal of
establishing an assured source of supply by December 31, 2015;
and
(7) for steps of the rare earth material supply chain for
which no other risk mitigation method, as described in
paragraphs (1) through (6), will ensure an assured source of
supply by December 31, 2015, a specific plan to eliminate supply
chain vulnerability by the earliest date practicable.
(c) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional committees described in paragraph (2) a
report containing the findings of the assessment required under
subsection (a) and the plan developed under subsection (b).
(2) Congressional committees.--The congressional committees
described in this paragraph are as follows:
(A) The congressional defense committees.
(B) The Committee on Science and Technology, the
Committee on Financial Services, and the Committee on
Ways and Means of the House of Representatives.
(C) The Committee on Energy and Natural Resources,
the Committee on Finance, and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
SEC. 844. REVIEW OF NATIONAL SECURITY EXCEPTION TO COMPETITION.
(a) Review Required.--The Comptroller General of the United States
shall review the use of the national security exception to full and open
competition provided in section 2304(c)(6) of title 10, United States
Code, by the Department of Defense.
(b) Matters Reviewed.--The review of the use of the national
security exception required by subsection (a) shall include--
(1) the pattern of usage of such exception by acquisition
organizations within the Department to determine which
organizations are commonly using the exception and the frequency
of such usage;
(2) the range of items or services being acquired through
the use of such exception;
(3) the process for reviewing and approving justifications
involving such exception;
[[Page 4285]]
(4) whether the justifications for use of such exception
typically meet the relevant requirements of the Federal
Acquisition Regulation applicable to the use of such exception;
(5) issues associated with follow-on procurements for items
or services acquired using such exception; and
(6) potential additional instances where such exception
could be applied and any authorities available to the Department
other than such exception that could be applied in such
instances.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the review required by subsection (a), including a discussion of each
of the matters specified in subsection (b). The report shall include any
recommendations relating to the matters reviewed that the Secretary
considers appropriate. The report shall be submitted in unclassified
form but may include a classified annex.
SEC. 845. <> REQUIREMENT FOR ENTITIES
WITH FACILITY CLEARANCES THAT ARE NOT
UNDER FOREIGN OWNERSHIP CONTROL OR
INFLUENCE MITIGATION.
(a) <> Requirement.--The Secretary of Defense shall
develop a plan to ensure that covered entities employ and maintain
policies and procedures that meet requirements under the national
industrial security program. In developing the plan, the Secretary shall
consider whether or not covered entities, or any category of covered
entities, should be required to establish government security committees
similar to those required for companies that are subject to foreign
ownership control or influence mitigation measures.
(b) Covered Entity.--A covered entity under this section is an
entity--
(1) to which the Department of Defense has granted a
facility clearance; and
(2) that is not subject to foreign ownership control or
influence mitigation measures.
(c) Guidance.--The Secretary of Defense shall issue guidance,
including appropriate compliance mechanisms, to implement the
requirement in subsection (a). To the extent determined appropriate by
the Secretary, the guidance shall require covered entities, or any
category of covered entities, to establish government security
committees similar to those required for companies that are subject to
foreign ownership control or influence mitigation measures.
(d) Report.--Not later than 270 days 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
plan developed pursuant to subsection (a) and the guidance issued
pursuant to subsection (c). The report shall specifically address the
rationale for the Secretary's decision on whether or not to require
covered entities, or any category of covered entities, to establish
government security committees similar to those required for companies
that are subject to foreign ownership control or influence mitigation
measures.
SEC. 846. <> PROCUREMENT OF PHOTOVOLTAIC
DEVICES.
(a) Contract Requirement.--The Secretary of Defense shall ensure
that each contract described in subsection (b) awarded by
[[Page 4286]]
the Department of Defense includes a provision requiring the
photovoltaic devices provided under the contract to comply with the Buy
American Act (41 U.S.C. 10a et seq.), subject to the exceptions to that
Act provided in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et
seq.) or otherwise provided by law.
(b) Contracts Described.--The contracts described in this subsection
include energy savings performance contracts, utility service contracts,
land leases, and private housing contracts, to the extent that such
contracts result in ownership of photovoltaic devices by the Department
of Defense. For the purposes of this section, the Department of Defense
is deemed to own a photovoltaic device if the device is--
(1) installed on Department of Defense property or in a
facility owned by the Department of Defense; and
(2) reserved for the exclusive use of the Department of
Defense for the full economic life of the device.
(c) Definition of Photovoltaic Devices.--In this section, the term
``photovoltaic devices'' means devices that convert light directly into
electricity through a solid-state, semiconductor process.
SEC. 847. 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. 848. CONTRACTOR LOGISTICS SUPPORT OF CONTINGENCY OPERATIONS.
(a) Defense Science Board Review of Organization, Training, and
Planning.--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.
(b) Matters To Be Addressed.--
(1) In general.--The matters addressed by the review
required by subsection (a) 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
[[Page 4287]]
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.
(2) Findings and recommendations.--The review required by
subsection (a) shall include findings and recommendations
related to--
(A) legislative or policy guidance to address the
matters listed in paragraph (1); and
(B) whether and to what extent the quadrennial
defense review (conducted pursuant to section 118 of
title 10, United States Code) or assessments by the
Chairman of the Joint Chiefs of Staff for the biennial
review of the national military strategy (conducted
pursuant to section 153(d) of such title) should be
required to address 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.
(c) 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 results of the review required by subsection
(a). The report shall include the findings and recommendations of the
Defense Science Board, including such recommendations for legislative or
administrative action as the Board considers appropriate, together with
any comments the Secretary considers appropriate.
Subtitle <>
F--Improve Acquisition Act
SEC. 860. SHORT TITLE.
This subtitle may be cited as the ``Improve Acquisition Act of
2010''.
[[Page 4288]]
PART I--DEFENSE ACQUISITION SYSTEM
SEC. 861. IMPROVEMENTS TO THE MANAGEMENT OF THE DEFENSE
ACQUISITION SYSTEM.
(a) Management of the Defense Acquisition System.--Part IV of title
10, United States Code, <> is amended by inserting
after chapter 148 the following new chapter:
``CHAPTER 149--DEFENSE ACQUISITION SYSTEM
``Sec.
``2545. Definitions.
``2546. Civilian management of the defense acquisition system.
``2547. Acquisition-related functions of chiefs of the armed forces.
``2548. Performance assessments of the defense acquisition system.
``Sec. 2545. Definitions
``In this chapter:
``(1) The term `acquisition' has the meaning provided in
section 4(16) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(16)).
``(2) The term `defense acquisition system' means the
workforce engaged in carrying out the acquisition of property
and services for the Department of Defense; the management
structure responsible for directing and overseeing the
acquisition of property and services for the Department of
Defense; and the statutory, regulatory, and policy framework
that guides the acquisition of property and services for the
Department of Defense.
``(3) The term `element of the defense acquisition system'
means an organization that employs members of the acquisition
workforce, carries out acquisition functions, and focuses
primarily on acquisition.
``(4) The term `acquisition workforce' has the meaning
provided in section 101(a)(18) of this title.
``Sec. 2546. Civilian management of the defense acquisition system
``(a) Responsibility of the Under Secretary of Defense for
Acquisition, Technology, and Logistics.--Subject to the authority,
direction and control of the Secretary of Defense, the Under Secretary
of Defense for Acquisition, Technology, and Logistics shall be
responsible for the management of the defense acquisition system and
shall exercise such control of the system and perform such duties as are
necessary to ensure the successful and efficient operation of the
defense acquisition system, including the duties enumerated and assigned
to the Under Secretary elsewhere in this title.
``(b) Responsibility of the Service Acquisition Executives.--Subject
to the direction of the Under Secretary of Defense for Acquisition,
Technology, and Logistics on matters pertaining to acquisition, and
subject to the authority, direction, and control of the Secretary of the
military department concerned, a service acquisition executive of a
military department shall be responsible for the management of elements
of the defense acquisition system in that military department and shall
exercise such control of the system and perform such duties as are
necessary to ensure
[[Page 4289]]
the successful and efficient operation of such elements of the defense
acquisition system.
``Sec. 2547. Acquisition-related functions of chiefs of the armed
forces
``(a) Performance of Certain Acquisition-related Functions.--The
Secretary of Defense shall ensure that the Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of the Air Force, and
the Commandant of the Marine Corps assist the Secretary of the military
department concerned in the performance of the following acquisition-
related functions of such department:
``(1) The development of requirements relating to the
defense acquisition system (subject, where appropriate, to
validation by the Joint Requirements Oversight Council pursuant
to section 181 of this title).
``(2) The coordination of measures to control requirements
creep in the defense acquisition system.
``(3) The development of career paths in acquisition for
military personnel (as required by section 1722a of this title).
``(4) The assignment and training of contracting officer
representatives when such representatives are required to be
members of the armed forces because of the nature of the
contract concerned.
``(b) Rule of Construction.--Nothing in this section shall be
construed to affect the assignment of functions under section
3014(c)(1)(A), section 5014(c)(1)(A), or section 8014(c)(1)(A) of this
title, except as explicitly provided in this section.
``(c) Definitions.--In this section:
``(1) The term `requirements creep' means the addition of
new technical or operational specifications after a requirements
document is approved by the appropriate validation authority for
the requirements document.
``(2) The term `requirements document' means a document
produced in the requirements process that is provided for an
acquisition program to guide the subsequent development,
production, and testing of the program and that--
``(A) justifies the need for a materiel approach, or
an approach that is a combination of materiel and non-
materiel, to satisfy one or more specific capability
gaps;
``(B) details the information necessary to develop
an increment of militarily useful, logistically
supportable, and technically mature capability,
including key performance parameters; or
``(C) identifies production attributes required for
a single increment of a program.
``Sec. 2548. Performance assessments of the defense acquisition
system
``(a) <> Performance Assessments
Required.--Not later than 180 days after the date of the enactment of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011,
the Secretary of Defense, acting through the Under Secretary of Defense
for Acquisition, Technology, and Logistics, the Director of Procurement
and Acquisition Policy, and the Director of the Office of Performance
Assessment and Root Cause Analysis, shall issue guidance, with detailed
implementation instructions, for the Department of Defense
[[Page 4290]]
to provide for periodic independent performance assessments of elements
of the defense acquisition system for the purpose of--
``(1) determining the extent to which such elements of the
defense acquisition system deliver value to the Department of
Defense, taking into consideration the performance elements
identified in subsection (b);
``(2) assisting senior officials of the Department of
Defense in identifying and developing lessons learned from best
practices and shortcomings in the performance of such elements
of the defense acquisition system; and
``(3) assisting senior officials of the Department of
Defense in developing acquisition workforce excellence under
section 1701a of this title
``(b) Areas Considered in Performance Assessments.--(1) Each
performance assessment conducted pursuant to subsection (a) shall
consider, at a minimum--
``(A) the extent to which acquisitions conducted by the
element of the defense acquisition system under review meet
applicable cost, schedule, and performance objectives; and
``(B) the staffing and quality of the acquisition workforce
and the effectiveness of the management of the acquisition
workforce, including workforce incentives and career paths.
``(2) The Secretary of Defense shall ensure that the performance
assessments required by this section are appropriately tailored to
reflect the diverse nature of the work performed by each element of the
defense acquisition system. In addition to the mandatory areas under
paragraph (1), a performance assessment may consider, as appropriate,
specific areas of acquisition concern, such as--
``(A) the selection of contractors, including--
``(i) the extent of competition and the use of
exceptions to competition requirements;
``(ii) compliance with Department of Defense
policies regarding the participation of small business
concerns and various categories of small business
concerns, including the use of contract bundling and the
availability of non-bundled contract vehicles;
``(iii) the quality of market research;
``(iv) the effective consideration of contractor
past performance; and
``(v) the number of bid protests, the extent to
which such bid protests have been successful, and the
reasons for such success;
``(B) the negotiation of contracts, including--
``(i) the appropriate application of section 2306a
of this title (relating to truth in negotiations);
``(ii) the appropriate use of contract types
appropriate to specific procurements;
``(iii) the appropriate use of performance
requirements;
``(iv) the appropriate acquisition of technical data
and other rights and assets necessary to support long-
term sustainment and follow-on procurement; and
``(v) the timely definitization of any undefinitized
contract actions; and
``(C) the management of contractor performance, including--
[[Page 4291]]
``(i) the assignment of appropriately qualified
contracting officer representatives and other contract
management personnel;
``(ii) the extent of contract disputes, the reasons
for such disputes, and the extent to which they have
been successfully addressed;
``(iii) the appropriate consideration of long-term
sustainment and energy efficiency objectives; and
``(iv) the appropriate use of integrated testing.
``(c) Contents of Guidance.--The guidance issued pursuant to
subsection (a) shall ensure that each element of the defense acquisition
system is subject to a performance assessment under this section not
less often than once every four years, and shall address, at a minimum--
``(1) the designation of elements of the defense acquisition
system that are subject to performance assessment at an
organizational level that ensures such assessments can be
performed in an efficient and integrated manner;
``(2) the frequency with which such performance assessments
should be conducted;
``(3) goals, standards, tools, and metrics for use in
conducting performance assessments;
``(4) the composition of the teams designated to perform
performance assessments;
``(5) any phase-in requirements needed to ensure that
qualified staff are available to perform performance
assessments;
``(6) procedures for tracking the implementation of
recommendations made pursuant to performance assessments;
``(7) procedures for developing and disseminating lessons
learned from performance assessments; and
``(8) procedures for ensuring that information from
performance assessments are retained electronically and are
provided in a timely manner to the Under Secretary of Defense
for Acquisition, Technology, and Logistics and the Director of
the Office of Performance Assessment and Root Cause Analysis as
needed to assist them in performing their responsibilities under
this section.
``(d) Performance Goals Under Government Performance Results Act of
1993.--Beginning with <> fiscal year 2012, the
annual performance plan prepared by the Department of Defense pursuant
to section 1115 of title 31 shall include appropriate performance goals
for elements of the defense acquisition system.
``(e) <> Reporting Requirements.--Beginning
with fiscal year 2012--
``(1) the annual report prepared by the Secretary of Defense
pursuant to section 1116 of title 31, United States Code, shall
address the Department's success in achieving performance goals
established pursuant to such section for elements of the defense
acquisition system; and
``(2) the annual report prepared by the Director of the
Office of Performance Assessment and Root Cause Analysis
pursuant to section 103(f) of the Weapon Systems Acquisition
Reform Act of 2009 (10 U.S.C. 2430 note), shall include
information on the activities undertaken by the Department
pursuant to such section, including a summary of significant
findings or recommendations arising out of performance
assessments.''.
[[Page 4292]]
(b) Clerical Amendments.--The table of chapters at the beginning of
subtitle A of title 10, United States Code, and at the beginning of part
IV of such subtitle, are each amended by inserting after the item
relating to chapter 148 the following new item:
``149. Defense Acquisition System................................2545''.
SEC. 862. COMPTROLLER GENERAL REPORT ON JOINT CAPABILITIES
INTEGRATION AND DEVELOPMENT SYSTEM.
(a) Report Required.--The Comptroller General of the United States
shall carry out a comprehensive review of the Joint Capabilities
Integration and Development System (in this section referred to as
``JCIDS''). Not later than one year after the date of the enactment of
this Act, the Comptroller General shall submit to the congressional
defense committees a report on the review and include in such report any
recommendations the Comptroller General considers necessary and
advisable to improve or replace JCIDS.
(b) Content of the Review.--
(1) Purpose.--The purpose of the review required by
subsection (a) is to evaluate the effectiveness of JCIDS in
achieving the following objectives:
(A) Timeliness in delivering capability to the
warfighter.
(B) Efficient use of the investment resources of the
Department of Defense.
(C) Control of requirements creep.
(D) Responsiveness to changes occurring after the
approval of a requirements document (including changes
to the threat environment, the emergence of new
capabilities, or changes in the resources estimated to
procure or sustain a capability).
(E) Development of the personnel skills, capacity,
and training needed for an effective and efficient
requirements process.
(2) Matters considered.--In performing the review, the
Comptroller General shall gather information on and consider the
following matters:
(A) The time that requirements documents take to
receive approval through JCIDS.
(B) The quality of cost information considered in
JCIDS and the extent of its consideration.
(C) The extent to which JCIDS establishes a
meaningful level of priority for requirements.
(D) The extent to which JCIDS is considering trade-
offs between cost, schedule, and performance objectives.
(E) The quality of information on sustainment
considered in JCIDS and the extent to which sustainment
information is considered.
(F) An evaluation of the advantages and
disadvantages of designating a commander of a unified
combatant command for each requirements document for
which the Joint Requirements Oversight Council is the
validation authority to provide a joint evaluation task
force to participate in a materiel solution and to--
(i) provide input to the analysis of
alternatives;
(ii) participate in testing (including limited
user tests and prototype testing);
[[Page 4293]]
(iii) provide input on a concept of operations
and doctrine;
(iv) provide end user feedback to the resource
sponsor; and
(v) participate, through the combatant
commander concerned, in any alteration of the
requirement for such solution.
(c) Definitions.--In this section:
(1) Joint capabilities integration and development system.--
The term ``Joint Capabilities Integration and Development
System'' means the system for the assessment, review,
validation, and approval of joint warfighting requirements that
is described in Chairman of the Joint Chiefs of Staff
Instruction 3170.01G
(2) Requirements document.--The term ``requirements
document'' means a document produced in JCIDS that is provided
for an acquisition program to guide the subsequent development,
production, and testing of the program and that--
(A) justifies the need for a materiel approach, or
an approach that is a combination of materiel and non-
materiel, to satisfy one or more specific capability
gaps;
(B) details the information necessary to develop an
increment of militarily useful, logistically
supportable, and technically mature capability,
including key performance parameters; or
(C) identifies production attributes required for a
single increment of a program.
(3) Requirements creep.--The term ``requirements creep''
means the addition of new technical or operational
specifications after a requirements document is approved.
(4) Materiel solution.--The term ``materiel solution'' means
the development, acquisition, procurement, or fielding of a new
item, or of a modification to an existing item, necessary to
equip, operate, maintain, and support military activities.
SEC. 863. REQUIREMENTS FOR THE ACQUISITION OF SERVICES.
(a) <> Establishment of Requirements
Processes for the Acquisition of Services.--The Secretary of Defense
shall ensure that the military departments and Defense Agencies each
establish a process for identifying, assessing, reviewing, and
validating requirements for the acquisition of services.
(b) <> Operational Requirements.--With
regard to requirements for the acquisition of services in support of
combatant commands and military operations, the Secretary shall ensure--
(1) that the Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, and the
Commandant of the Marine Corps implement and bear chief
responsibility for carrying out, within the Armed Force
concerned, the process established pursuant to subsection (a)
for such Armed Force; and
(2) that commanders of unified combatant commands and other
officers identified or designated as joint qualified officers
have an opportunity to participate in the process of each
military department to provide input on joint requirements for
the acquisition of services.
(c) <> Supporting Requirements.--With
regard to requirements for the acquisition of services not covered by
subsection (b), the
[[Page 4294]]
Secretary shall ensure that the secretaries of the military departments
and the heads of the Defense Agencies implement and bear chief
responsibility for carrying out, within the military department or
Defense Agency concerned, the process established pursuant to subsection
(a) for such military department or Defense Agency.
(d) <> Implementation Plans Required.--The
Secretary shall ensure that an implementation plan is developed for each
process established pursuant to subsection (a) that addresses, at a
minimum, the following:
(1) The organization of such process.
(2) The level of command responsibility required for
identifying, assessing, reviewing, and validating requirements
for the acquisition of services in accordance with the
requirements of this section and the categories established
under section 2330(a)(1)(C) of title 10, United States Code.
(3) The composition of positions necessary to operate such
process.
(4) The training required for personnel engaged in such
process.
(5) The relationship between doctrine and such process.
(6) Methods of obtaining input on joint requirements for the
acquisition of services.
(7) Procedures for coordinating with the acquisition
process.
(8) Considerations relating to opportunities for strategic
sourcing.
(e) <> Matters Required in
Implementation Plan.--Each plan required under subsection (d) shall
provide for initial implementation of a process for identifying,
assessing, reviewing, and validating requirements for the acquisition of
services not later than one year after the date of the enactment of this
Act and shall provide for full implementation of such process at the
earliest date practicable.
(f) <> Consistency With Joint Guidance.--
Whenever, at any time, guidance is issued by the Chairman of the Joint
Chiefs of Staff relating to requirements for the acquisition of services
in support of combatant commands and military operations, each process
established pursuant to subsection (a) shall be revised in accordance
with such joint guidance.
(g) <> Definition.--The term
``requirements for the acquisition of services'' means objectives to be
achieved through acquisitions primarily involving the procurement of
services.
(h) <> Review of Supporting Requirements
To Identify Savings.--The secretaries of the military departments and
the heads of the Defense Agencies shall review and validate each
requirement described in subsection (c) with an anticipated cost in
excess of $10,000,000 with the objective of identifying unneeded or low
priority requirements that can be reduced or eliminated, with the
savings transferred to higher priority objectives. Savings identified
and transferred to higher priority objectives through review and
revalidation under this subsection shall count toward the savings
objectives established in the June 4, 2010, guidance of the Secretary of
Defense on improved operational efficiencies and the annual reduction in
funding for service support contractors required by the August 16, 2010,
guidance of the Secretary of Defense on efficiency initiatives. As
provided by the Secretary, cost avoidance shall not count toward these
objectives.
[[Page 4295]]
(i) Extension of Authority.--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 ``December 31, 2011''.
SEC. 864. REVIEW OF DEFENSE ACQUISITION GUIDANCE.
(a) Review of Guidance.--The Secretary of Defense shall review the
acquisition guidance of the Department of Defense, including, at a
minimum, the guidance contained in Department of Defense Instruction
5000.02 entitled ``Operation of the Defense Acquisition System''.
(b) Matters Considered.--The review performed under subsection (a)
shall consider--
(1) the extent to which the acquisition of commercial goods
and commodities, commercial and military unique services, and
information technology should be addressed in Department of
Defense Instruction 5000.02 and other guidance primarily
relating to the acquisition of weapon systems, or should be
addressed in separate instructions and guidance;
(2) whether long-term sustainment and energy efficiency of
weapon systems is appropriately emphasized;
(3) whether appropriate mechanisms exist to communicate
information relating to the mission needs of the Department of
Defense to the industrial base in a way that allows the
industrial base to make appropriate investments in
infrastructure, capacity, and technology development to help
meet such needs;
(4) the extent to which earned value management should be
required on acquisitions not involving the acquisition of weapon
systems and whether measures of quality and technical
performance should be included in any earned value management
system; and
(5) such other matters as the Secretary considers
appropriate.
(c) Report.--Not later than 270 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
detailing any changes in the acquisition guidance of the Department of
Defense identified during the review required by subsection (a), and any
actions taken, or planned to be taken, to implement such changes.
SEC. 865. REQUIREMENT TO REVIEW REFERENCES TO SERVICES ACQUISITION
THROUGHOUT THE FEDERAL ACQUISITION
REGULATION AND THE DEFENSE FEDERAL
ACQUISITION REGULATION SUPPLEMENT.
(a) Review Required.--The Secretary of Defense, in consultation with
the Administrator for Federal Procurement Policy and the heads of such
other Federal agencies as the Secretary considers appropriate, shall
review the Federal Acquisition Regulation and the Defense Federal
Acquisition Regulation Supplement to ensure that such regulations
include appropriate guidance for and references to services acquisition
that are in addition to references provided in part 37 and the Defense
Supplement to part 37.
(b) Matters Considered.--The review required by subsection (a) shall
consider the extent to which additional guidance is needed--
[[Page 4296]]
(1) to provide the tools and processes needed to assist
contracting officials in addressing the full range of
complexities that can arise in the acquisition of services; and
(2) to enhance and support the procurement and project
management community in all aspects of the process for the
acquisition of services, including requirements development,
assessment of reasonableness, and post-award management and
oversight.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
containing--
(1) a summary of the findings of the review required by
subsection (a); and
(2) any recommendations that the Secretary may have for
changes to the Federal Acquisition Regulation and the Defense
Federal Acquisition Regulation Supplement to address such
findings, including identifying any changes that are necessary
to improve part 37 (which specifically addresses services
acquisitions).
SEC. 866. 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 requirements set
forth in subsection (b).
(b) <> Contract Requirements.--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 awarded
using competitive procedures in accordance with chapter 137 of
title 10, United States Code;
(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 submit certified
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
[[Page 4297]]
reasonableness determinations, as provided in section
2306a(d) of title 10, United States Code.
(c) <> Regulations.--If the Secretary
establishes the pilot program authorized under subsection (a), the
Secretary shall prescribe regulations governing such pilot program. Such
regulations shall be included in regulations of the Department of
Defense prescribed as part of the Federal Acquisition Regulation and
shall include the contract clauses and procedures necessary to implement
such program.
(d) <> Reports.--
(1) Reports on program activities.--Not later than 60 days
after the end of any fiscal year in which the pilot program is
in effect, the Secretary shall submit to the congressional
defense committees a report on the pilot program. The report
shall be in unclassified form but may include a classified
annex. Each report shall include, 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.--If the Secretary establishes the
pilot program authorized under subsection (a), 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''
means 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.
For purposes of this paragraph, 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--
(A) 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; or
(B) foreign government funding.
(2) The term ``nondevelopmental item''--
[[Page 4298]]
(A) has the meaning given that term in section 4(13)
of the Office of Federal Procurement Policy Act (41
U.S.C. 403(13)); and
(B) also includes previously developed items of
supply that require modifications other than those
customarily available in the commercial marketplace if
such modifications are consistent with the requirement
in subsection (b)(3)(A).
(3) The term ``nontraditional defense contractor'' has the
meaning given that term in section 2302(9) of title 10, United
States Code (as added by subsection (g)).
(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.
(g) Statutory Definition of Nontraditional Defense Contractor.--
(1) Nontraditional defense contractor.--Section 2302 of
title 10, United States Code, is amended by adding at the end
the following:
``(9) The term `nontraditional defense contractor', with
respect to a procurement or with respect to a transaction
authorized under section 2371(a) of this title, means an entity
that is not currently performing and has not performed, for at
least the one-year period preceding the solicitation of sources
by the Department of Defense for the procurement or transaction,
any of the following for the Department of Defense:
``(A) Any contract or subcontract that is subject to
full coverage under the cost accounting standards
prescribed pursuant to section 26 of the Office of
Federal Procurement Policy Act (41 U.S.C. 422) and the
regulations implementing such section.
``(B) Any other contract in excess of $500,000 under
which the contractor is required to submit certified
cost or pricing data under section 2306a of this
title.''.
(2) Conforming amendment.--Section 845(f) of the National
Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371
note) is amended to read as follows:
``(f) Nontraditional Defense Contractor Defined.--In this section,
the term `nontraditional defense contractor' has the meaning provided by
section 2302(9) of title 10, United States Code.''.
[[Page 4299]]
PART II--DEFENSE ACQUISITION WORKFORCE
SEC. 871. ACQUISITION WORKFORCE EXCELLENCE.
(a) Acquisition Workforce Excellence.--Subchapter I of chapter 87 of
title 10, United States Code, is amended by inserting after section 1701
the following new section:
``Sec. 1701a. Management for acquisition workforce excellence
``(a) Purpose.--The purpose of this chapter is to require the
Department of Defense to develop and manage a highly skilled
professional acquisition workforce--
``(1) in which excellence and contribution to mission is
rewarded;
``(2) which has the technical expertise and business skills
to ensure the Department receives the best value for the
expenditure of public resources;
``(3) which serves as a model for performance management of
employees of the Department; and
``(4) which is managed in a manner that complements and
reinforces the management of the defense acquisition system
pursuant to chapter 149 of this title.
``(b) Performance Management.--In order to achieve the purpose set
forth in subsection (a), the Secretary of Defense shall--
``(1) use the full authorities provided in subsections (a)
through (d) of section 9902 of title 5, including flexibilities
related to performance management and hiring and to training of
managers;
``(2) require managers to develop performance plans for
individual members of the acquisition workforce in order to give
members an understanding of how their performance contributes to
their organization's mission and the success of the defense
acquisition system (as defined in section 2545 of this title);
``(3) to the extent appropriate, use the lessons learned
from the acquisition demonstration project carried out under
section 1762 of this title related to contribution-based
compensation and appraisal, and how those lessons may be applied
within the General Schedule system;
``(4) develop attractive career paths;
``(5) encourage continuing education and training;
``(6) develop appropriate procedures for warnings during
performance evaluations for members of the acquisition workforce
who consistently fail to meet performance standards;
``(7) take full advantage of the Defense Civilian Leadership
Program established under section 1112 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2496; 10 U.S.C. 1580 note prec.);
``(8) use the authorities for highly qualified experts under
section 9903 of title 5, to hire experts who are skilled
acquisition professionals to--
``(A) serve in leadership positions within the
acquisition workforce to strengthen management and
oversight;
``(B) provide mentors to advise individuals within
the acquisition workforce on their career paths and
opportunities to advance and excel within the
acquisition workforce; and
[[Page 4300]]
``(C) assist with the design of education and
training courses and the training of individuals in the
acquisition workforce; and
``(9) use the authorities for expedited security clearance
processing pursuant to section 1564 of this title.
``(c) Negotiations.--Any action taken by the Secretary under this
section, or to implement this section, shall be subject to the
requirements of chapter 71 of title 5.
``(d) Regulations.--Any rules or regulations prescribed pursuant to
this section shall be deemed an agency rule or regulation under section
7117(a)(2) of title 5, and shall not be deemed a Government-wide rule or
regulation under section 7117(a)(1) of such title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1701 the following new item:
``1701a. Management for acquisition workforce excellence.''.
SEC. 872. AMENDMENTS TO THE ACQUISITION WORKFORCE DEMONSTRATION
PROJECT.
(a) Codification Into Title 10.--
(1) In general.--Chapter 87 of title 10, United States Code,
is amended by inserting after section 1761 the following new
section:
``Sec. 1762. Demonstration project relating to certain acquisition
personnel management policies and procedures
``(a) Commencement.--The Secretary of Defense is authorized to carry
out a demonstration project, the purpose of which is to determine the
feasibility or desirability of one or more proposals for improving the
personnel management policies or procedures that apply with respect to
the acquisition workforce of the Department of Defense and supporting
personnel assigned to work directly with the acquisition workforce.
``(b) Terms and Conditions.--(1) Except as otherwise provided in
this subsection, any demonstration project described in subsection (a)
shall be subject to section 4703 of title 5 and all other provisions of
such title that apply with respect to any demonstration project under
such section.
``(2) Subject to paragraph (3), in applying section 4703 of title 5
with respect to a demonstration project described in subsection (a)--
``(A) `180 days' in subsection (b)(4) of such section shall
be deemed to read `120 days';
``(B) `90 days' in subsection (b)(6) of such section shall
be deemed to read `30 days'; and
``(C) subsection (d)(1) of such section shall be
disregarded.
``(3) Paragraph (2) shall not apply with respect to a demonstration
project unless--
``(A) for each organization or team participating in the
demonstration project--
``(i) at least one-third of the workforce
participating in the demonstration project consists of
members of the acquisition workforce; and
``(ii) at least two-thirds of the workforce
participating in the demonstration project consists of
members of the
[[Page 4301]]
acquisition workforce and supporting personnel assigned
to work directly with the acquisition workforce; and
``(B) the demonstration project commences before October 1,
2007.
``(c) Limitation on Number of Participants.--The total number of
persons who may participate in the demonstration project under this
section may not exceed 120,000.
``(d) Effect of Reorganizations.--The applicability of paragraph (2)
of subsection (b) to an organization or team shall not terminate by
reason that the organization or team, after having satisfied the
conditions in paragraph (3) of such subsection when it began to
participate in a demonstration project under this section, ceases to
meet one or both of the conditions set forth in subparagraph (A) of such
paragraph (3) as a result of a reorganization, restructuring,
realignment, consolidation, or other organizational change.
``(e) Assessments.--(1) The Secretary of Defense shall designate an
independent organization to conduct two assessments of the acquisition
workforce demonstration project described in subsection (a).
``(2) Each such assessment shall include the following:
``(A) A description of the workforce included in the
project.
``(B) An explanation of the flexibilities used in the
project to appoint individuals to the acquisition workforce and
whether those appointments are based on competitive procedures
and recognize veteran's preferences.
``(C) An explanation of the flexibilities used in the
project to develop a performance appraisal system that
recognizes excellence in performance and offers opportunities
for improvement.
``(D) The steps taken to ensure that such system is fair and
transparent for all employees in the project.
``(E) How the project allows the organization to better meet
mission needs.
``(F) An analysis of how the flexibilities in subparagraphs
(B) and (C) are used, and what barriers have been encountered
that inhibit their use.
``(G) Whether there is a process for--
``(i) ensuring ongoing performance feedback and
dialogue among supervisors, managers, and employees
throughout the performance appraisal period; and
``(ii) setting timetables for performance
appraisals.
``(H) The project's impact on career progression.
``(I) The project's appropriateness or inappropriateness in
light of the complexities of the workforce affected.
``(J) The project's sufficiency in terms of providing
protections for diversity in promotion and retention of
personnel.
``(K) The adequacy of the training, policy guidelines, and
other preparations afforded in connection with using the
project.
``(L) Whether there is a process for ensuring employee
involvement in the development and improvement of the project.
``(3) <> The first assessment under this
subsection shall be completed not later than September 30, 2012. The
second and final assessment shall be completed not later than September
30, 2016. The Secretary shall submit to the covered congressional
committees
[[Page 4302]]
a copy of each assessment within 30 days after receipt by the Secretary
of the assessment.
``(f) <> Covered Congressional Committees.--In
this section, the term `covered congressional committees' means--
``(1) the Committees on Armed Services of the Senate and the
House of Representatives;
``(2) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(3) the Committee on Oversight and Government Reform of
the House of Representatives.
``(g) Termination of Authority.--The authority to conduct a
demonstration program under this section shall terminate on September
30, 2017.
``(h) <> Conversion.--Within 6 months after the
authority to conduct a demonstration project under this section is
terminated as provided in subsection (g), employees in the project shall
convert to the civilian personnel system created pursuant to section
9902 of title 5.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter V of chapter 87 of title 10, United
States Code, is amended by inserting after the item relating to
section 1761 the following new item:
``1762. Demonstration project relating to certain acquisition personnel
management policies and procedures.''.
(b) Conforming Repeal.--Section 4308 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C.
1701 note) is repealed.
SEC. 873. CAREER DEVELOPMENT FOR CIVILIAN AND MILITARY PERSONNEL
IN THE ACQUISITION WORKFORCE.
(a) Career Paths.--
(1) Amendment.--Chapter 87 of title 10, United States Code,
is amended by inserting after section 1722a the following new
section:
``Sec. 1722b. Special requirements for civilian employees in the
acquisition field
``(a) Requirement for Policy and Guidance Regarding Civilian
Personnel in Acquisition.--The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition, Technology, and Logistics,
shall establish policies and issue guidance to ensure the proper
development, assignment, and employment of civilian members of the
acquisition workforce to achieve the objectives specified in subsection
(b).
``(b) Objectives.--Policies established and guidance issued pursuant
to subsection (a) shall ensure, at a minimum, the following:
``(1) A career path in the acquisition field that attracts
the highest quality civilian personnel, from either within or
outside the Federal Government.
``(2) A deliberate workforce development strategy that
increases attainment of key experiences that contribute to a
highly qualified acquisition workforce.
``(3) Sufficient opportunities for promotion and advancement
in the acquisition field.
``(4) A sufficient number of qualified, trained members
eligible for and active in the acquisition field to ensure
adequate
[[Page 4303]]
capacity, capability, and effective succession for acquisition
functions, including contingency contracting, of the Department
of Defense.
``(5) A deliberate workforce development strategy that
ensures diversity in promotion, advancement, and experiential
opportunities commensurate with the general workforce outlined
in this section.
``(c) Inclusion of Information in Annual Report.--The Secretary of
Defense shall include in the report to Congress required under section
115b(d) of this title the following information related to the
acquisition workforce for the period covered by the report (which shall
be shown for the Department of Defense as a whole and separately for the
Army, Navy, Air Force, Marine Corps, Defense Agencies, and Office of the
Secretary of Defense):
``(1) The total number of persons serving in the Acquisition
Corps, set forth separately for members of the armed forces and
civilian employees, by grade level and by functional specialty.
``(2) The total number of critical acquisition positions
held, set forth separately for members of the armed forces and
civilian employees, by grade level and by other appropriate
categories (including by program manager, deputy program
manager, and division head positions), including average length
of time served in each position. For each such category, the
report shall specify the number of civilians holding such
positions compared to the total number of positions filled.
``(3) The number of employees to whom the requirements of
subsections (b)(2)(A) and (b)(2)(B) of section 1732 of this
title did not apply because of the exceptions provided in
paragraphs (1) and (2) of section 1732(c) of this title, set
forth separately by type of exception.
``(4) The number of times a waiver authority was exercised
under section 1724(d), 1732(d), 1734(d), or 1736(c) of this
title or any other provision of this chapter (or other provision
of law) which permits the waiver of any requirement relating to
the acquisition workforce, and in the case of each such
authority, the reasons for exercising the authority. The
Secretary may present the information provided under this
paragraph by category or grouping of types of waivers and
reasons.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 87 of such title is
amended by inserting after the item relating to section 1722a
the following new item:
``1722b. Special requirements for civilian employees in the acquisition
field.''.
(b) Career Education and Training.--Section 1723 of such title is
amended by redesignating subsection (b) as subsection (c) and inserting
after subsection (a) the following new subsection:
``(b) Career Path Requirements.--For each career path, the Secretary
of Defense, acting through the Under Secretary of Defense for
Acquisition, Technology, and Logistics, shall establish requirements for
the completion of course work and related on-the-job training and
demonstration of qualifications in the critical acquisition-related
duties and tasks of the career path. The Secretary of Defense, acting
through the Under Secretary, shall also--
[[Page 4304]]
``(1) encourage individuals in the acquisition workforce to
maintain the currency of their acquisition knowledge and
generally enhance their knowledge of related acquisition
management disciplines through academic programs and other self-
developmental activities; and
``(2) develop key work experiences, including the creation
of a program sponsored by the Department of Defense that
facilitates the periodic interaction between individuals in the
acquisition workforce and the end user in such end user's
environment to enhance the knowledge base of such workforce, for
individuals in the acquisition workforce so that the individuals
may gain in-depth knowledge and experience in the acquisition
process and become seasoned, well-qualified members of the
acquisition workforce.''.
SEC. 874. RECERTIFICATION AND TRAINING REQUIREMENTS.
(a) Continuing Education.--Section 1723 of title 10, United States
Code, as amended by section 873, is further amended by amending
subsection (a) to read as follows:
``(a) Qualification Requirements.--(1) The Secretary of Defense
shall establish education, training, and experience requirements for
each acquisition position, based on the level of complexity of duties
carried out in the position. In establishing such requirements, the
Secretary shall ensure the availability and sufficiency of training in
all areas of acquisition, including additional training courses with an
emphasis on services contracting, market research strategies (including
assessments of local contracting capabilities), long-term sustainment
strategies, information technology, and rapid acquisition.
``(2) In establishing such requirements for positions other than
critical acquisition positions designated pursuant to section 1733 of
this title, the Secretary may state the requirements by categories of
positions.
``(3) The Secretary of Defense, acting through the Under Secretary
of Defense for Acquisition, Technology, and Logistics, shall establish
requirements for continuing education and periodic renewal of an
individual's certification. Any requirement for a certification renewal
shall not require a renewal more often than once every five years.''.
(b) Standards for Training.--
(1) In general.--Subchapter IV of Chapter 87 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1748. Fulfillment standards for acquisition workforce
training
``The Secretary of Defense, acting through the Under Secretary of
Defense for Acquisition, Technology, and Logistics, shall develop
fulfillment standards, and implement and maintain a program, for
purposes of the training requirements of sections 1723, 1724, and 1735
of this title. Such fulfillment standards shall consist of criteria for
determining whether an individual has demonstrated competence in the
areas that would be taught in the training courses required under those
sections. If an individual meets the appropriate fulfillment standard,
the applicable training requirement is fulfilled.''.
[[Page 4305]]
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end the
following new item:
``1748. Fulfillment standards for acquisition workforce training.''.
(3) <> Deadline for fulfillment
standards.--The fulfillment standards required under section
1748 of title 10, United States Code, as added by paragraph (1),
shall be developed not later than 270 days after the date of the
enactment of this Act.
(4) Conforming repeal.--Section 853 of Public Law 105-85
(111 Stat. 1851) <> is repealed.
SEC. 875. <> INFORMATION TECHNOLOGY
ACQUISITION WORKFORCE.
(a) Plan Required.--The Secretary of Defense shall develop and carry
out a plan to strengthen the part of the acquisition workforce that
specializes in information technology. The plan shall include the
following:
(1) Defined targets for billets devoted to information
technology acquisition.
(2) Specific certification requirements for individuals in
the acquisition workforce who specialize in information
technology acquisition.
(3) Defined career paths for individuals in the acquisition
workforce who specialize in information technology acquisitions.
(b) Definitions.--In this section:
(1) The term ``information technology'' has the meaning
provided such term in section 11101 of title 40, United States
Code, and includes information technology incorporated into a
major weapon system.
(2) The term ``major weapon system'' has the meaning
provided such term in section 2379(f) of title 10, United States
Code.
(c) Deadline.--The Secretary of Defense shall develop the plan
required under this section not later than 270 days after the date of
the enactment of this Act.
SEC. 876. DEFINITION OF ACQUISITION WORKFORCE.
Section 101(a) of title 10, United States Code, is amended by
inserting after paragraph (17) the following new paragraph:
``(18) The term `acquisition workforce' means the persons
serving in acquisition positions within the Department of
Defense, as designated pursuant to section 1721(a) of this
title.''.
SEC. 877. DEFENSE ACQUISITION UNIVERSITY CURRICULUM REVIEW.
(a) <> Curriculum Review.--Not later than one year
after the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall lead a review
of the curriculum offered by the Defense Acquisition University to
ensure it adequately supports the training and education requirements of
acquisition professionals, particularly in service contracting, long
term sustainment strategies, information technology, and rapid
acquisition. The review shall also involve the service acquisition
executives of each military department.
(b) Analysis of Funding Requirements for Training.--Following the
review conducted under subsection (a), the Secretary of Defense shall
analyze the most recent future-years defense program to determine the
amounts of estimated expenditures and
[[Page 4306]]
proposed appropriations necessary to support the training requirements
of the amendments made by section 874, including any new training
requirements determined after the review conducted under subsection (a).
The Secretary shall identify any additional funding needed for such
training requirements in the separate chapter on the defense acquisition
workforce required in the next annual strategic workforce plan under
115b of title 10, United States Code.
(c) Requirement for Ongoing Curriculum Development With Certain
Schools.--
(1) Requirement.--Section 1746 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Curriculum Development.--The President of the Defense
Acquisition University shall work with the relevant professional schools
and degree-granting institutions of the Department of Defense and
military departments to ensure that best practices are used in
curriculum development to support acquisition workforce positions.''.
(2) Amendment to section heading.--(A) The heading of
section 1746 of such title is amended to read as follows:
``Sec. 1746. Defense Acquisition University''.
(B) The item relating to section 1746 in the table of
sections at the beginning of subchapter IV of chapter 87 of such
title is amended to read as follows:
``1746. Defense Acquisition University.''.
PART III--FINANCIAL MANAGEMENT
SEC. 881. <> AUDIT READINESS OF
FINANCIAL STATEMENTS OF THE DEPARTMENT OF
DEFENSE.
(a) Interim Milestones.--
(1) <> Requirement.--Not later than 90
days after the date of the enactment of this Act, the Under
Secretary of Defense (Comptroller), in consultation with the
Deputy Chief Management Officer of the Department of Defense,
the secretaries of the military departments, and the heads of
the defense agencies and defense field activities, shall
establish interim milestones for achieving audit readiness of
the financial statements of the Department of Defense,
consistent with the requirements of section 1003 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2439; 10 U.S.C. 2222 note).
(2) Matters included.--The interim milestones established
pursuant to paragraph (1) shall include, at a minimum, for each
military department and for the defense agencies and defense
field activities--
(A) an interim milestone for achieving audit
readiness for each major element of the statement of
budgetary resources, including civilian pay, military
pay, supply orders, contracts, and funds balance with
the Treasury; and
(B) an interim milestone for addressing the
existence and completeness of each major category of
Department of Defense assets, including military
equipment, real property, inventory, and operating
material and supplies.
[[Page 4307]]
(3) Description in semiannual reports.--The Under Secretary
shall describe each interim milestone established pursuant to
paragraph (1) in the next semiannual report submitted pursuant
to section 1003(b) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2439; 10 U.S.C.
2222 note). Each subsequent semiannual report submitted pursuant
to section 1003(b) shall explain how the Department has
progressed toward meeting such interim milestones.
(b) Valuation of Department of Defense Assets.--
(1) <> Requirement.--Not later than 120
days after the date of the enactment of this Act, the Under
Secretary of Defense (Comptroller) shall, in consultation with
other appropriate Federal agencies and officials--
(A) examine the costs and benefits of alternative
approaches to the valuation of Department of Defense
assets;
(B) select an approach to such valuation that is
consistent with principles of sound financial management
and the conservation of taxpayer resources; and
(C) begin the preparation of a business case
analysis supporting the selected approach.
(2) The Under Secretary shall include information on the
alternatives considered, the selected approach, and the business
case analysis supporting that approach in the next semiannual
report submitted pursuant to section 1003(b) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2439; 10 U.S.C. 2222 note).
(c) Remedial Actions Required.--In the event that the Department of
Defense, or any component of the Department of Defense, is unable to
meet an interim milestone established pursuant to subsection (a), the
Under Secretary of Defense (Comptroller) shall--
(1) develop a remediation plan to ensure that--
(A) the component will meet the interim milestone no
more than one year after the originally scheduled date;
and
(B) the component's failure to meet the interim
milestone will not have an adverse impact on the
Department's ability to carry out the plan under section
1003(a) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2439; 10
U.S.C. 2222 note); and
(2) include in the next semiannual report submitted pursuant
to section 1003(b) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2439; 10 U.S.C.
2222 note)--
(A) a statement of the reasons why the Department of
Defense, or component of the Department of Defense, will
be unable to meet such interim milestone;
(B) the revised completion date for meeting such
interim milestone; and
(C) a description of the actions that have been
taken and are planned to be taken by the Department of
Defense, or component of the Department of Defense, to
meet such interim milestone.
(d) Incentives for Achieving Auditability.--
[[Page 4308]]
(1) <> Review required.--Not later than
120 days after the date of the enactment of this Act, the Under
Secretary of Defense (Comptroller) shall review options for
providing appropriate incentives to the military departments,
Defense Agencies, and defense field activities to ensure that
financial statements are validated as ready for audit earlier
than September 30, 2017.
(2) Options reviewed.--The review performed pursuant to
paragraph (1) shall consider changes in policy that reflect the
increased confidence that can be placed in auditable financial
statements, and shall include, at a minimum, consideration of
the following options:
(A) Consistent with the need to fund urgent
warfighter requirements and operational needs, priority
in the release of appropriated funds.
(B) Relief from the frequency of financial reporting
in cases in which such reporting is not required by law.
(C) Relief from departmental obligation and
expenditure thresholds to the extent that such
thresholds establish requirements more restrictive than
those required by law.
(D) Increases in thresholds for reprogramming of
funds.
(E) Personnel management incentives for the
financial and business management workforce.
(F) Such other measures as the Under Secretary
considers appropriate.
(3) Report.--The Under Secretary shall include a discussion
of the review performed pursuant to paragraph (1) in the next
semiannual report pursuant to section 1003(b) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2439; 10 U.S.C. 2222 note) and for each option
considered pursuant to paragraph (2) shall include--
(A) an assessment of the extent to which the
implementation of the option--
(i) would be consistent with the efficient
operation of the Department of Defense and the
effective funding of essential Department of
Defense programs and activities; and
(ii) would contribute to the achievement of
Department of Defense goals to prepare auditable
financial statements; and
(B) a recommendation on whether such option should
be adopted, a schedule for implementing the option if
adoption is recommended, or a reason for not
recommending the option if adoption is not recommended.
SEC. 882. <> REVIEW OF OBLIGATION AND
EXPENDITURE THRESHOLDS.
(a) <> Process Review.--Not later than one year
after the date of the enactment of this Act, the Chief Management
Officer of the Department of Defense, in coordination with the Chief
Management Officer of each military department, the Director of the
Office of Performance Assessment and Root Cause Analysis, the Under
Secretary of Defense (Comptroller), and the Comptrollers of the military
departments, shall complete a comprehensive review of the use and value
of obligation and expenditure benchmarks and propose new benchmarks or
processes for tracking financial performance, including, as
appropriate--
[[Page 4309]]
(1) increased reliance on individual obligation and
expenditure plans for measuring program financial performance;
(2) mechanisms to improve funding stability and to increase
the predictability of the release of funding for obligation and
expenditure; and
(3) streamlined mechanisms for a program manager to submit
an appeal for funding changes and to have such appeal evaluated
promptly.
(b) Training.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Under Secretary of Defense
(Comptroller) shall ensure that, as part of the training required for
program managers and business managers, an emphasis is placed on
obligating and expending appropriated funds in a manner that achieves
the best value for the Government and that the purpose and limitations
of obligation and expenditure benchmarks are made clear.
(c) Report.--The Deputy Chief Management Officer of the Department
of Defense shall include a report on the results of the review under
this section in the next update of the strategic management plan
transmitted to the Committees on Armed Services of the Senate and the
House of Representatives under section 904(d) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
275; 10 U.S.C. note prec. 2201) after the completion of the review.
SEC. 883. DISCLOSURE AND TRACEABILITY OF THE COST OF DEPARTMENT OF
DEFENSE HEALTH CARE CONTRACTS.
(a) Report.--
(1) Requirement.--Not later than September 30, 2011, the
Comptroller General of the United States shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a detailed report
on the additional cost to the Department of Defense associated
with compliance with the Patient Protection and Affordable Care
Act (Public Law 111-148) and the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152).
(2) Matters covered.--The report required by paragraph (1)
shall include an estimate of--
(A) the additional costs, if any, incurred on health
care contracts to comply with such Acts; and
(B) any other additional costs to the Department of
Defense to comply with such Acts.
(b) Health Care Contract Defined.--In this section, the term
``health care contract'' means a contract awarded by the Department of
Defense in an amount greater than the simplified acquisition threshold
for the acquisition of any of the following:
(1) Medical supplies.
(2) Health care services and administration, including the
services of medical personnel.
(3) Durable medical equipment.
(4) Pharmaceuticals.
(5) Health care-related information technology.
[[Page 4310]]
PART IV--INDUSTRIAL BASE
SEC. 891. <> EXPANSION OF THE INDUSTRIAL
BASE.
(a) Program To Expand Industrial Base Required.--The Secretary of
Defense shall establish a program to expand the industrial base of the
Department of Defense to increase the Department's access to innovation
and the benefits of competition.
(b) Identifying and Communicating With Firms That Are Not
Traditional Suppliers.--The program established under subsection (a)
shall use tools and resources available within the Federal Government
and available from the private sector to provide a capability for
identifying and communicating with firms that are not traditional
suppliers, including commercial firms and firms of all business sizes,
that are engaged in markets of importance to the Department of Defense
in which such firms can make a significant contribution.
(c) Outreach to Local Firms Near Defense Installations.--The program
established under subsection (a) shall include outreach, using
procurement technical assistance centers, to firms of all business sizes
in the vicinity of Department of Defense installations regarding
opportunities to obtain contracts and subcontracts to perform work at
such installations.
(d) Industrial Base Review.--The program established under
subsection (a) shall include a continuous effort to review the
industrial base supporting the Department of Defense, including the
identification of markets of importance to the Department of Defense in
which firms that are not traditional suppliers can make a significant
contribution.
(e) Firms That Are Not Traditional Suppliers.--For purposes of this
section, a firm is not a traditional supplier of the Department of
Defense if it does not currently have contracts and subcontracts to
perform work for the Department of Defense with a total combined value
in excess of $500,000.
(f) <> Procurement Technical Assistance
Center.--In this section, the term ``procurement technical assistance
center'' means a center operating under a cooperative agreement with the
Defense Logistics Agency to provide procurement technical assistance
pursuant to the authority provided in chapter 142 of title 10, United
States Code.
SEC. 892. <> PRICE TREND ANALYSIS FOR
SUPPLIES AND EQUIPMENT PURCHASED BY THE
DEPARTMENT OF DEFENSE.
(a) Price Trend Analysis Procedures.--
(1) In general.--The Secretary of Defense shall develop and
implement procedures that, to the maximum extent practicable,
provide for the collection and analysis of information on price
trends for covered supplies and equipment purchased by the
Department of Defense. The procedures shall include an automated
process for identifying categories of covered supplies and
equipment described in paragraph (2) that have experienced
significant escalation in prices.
(2) Category of covered supplies and equipment.--A category
of covered supplies and equipment referred to in paragraph (1)
consists of covered supplies and equipment that have the same
National Stock Number, are in a single Federal Supply Group or
Federal Supply Class, are provided by a single
[[Page 4311]]
contractor, or are otherwise logically grouped for the purpose
of analyzing information on price trends.
(3) Requirement to examine causes of escalation.--An
analysis conducted pursuant to paragraph (1) shall include, for
any category in which significant escalation in prices is
identified, a more detailed examination of the causes of
escalation for such prices within the category and whether such
price escalation is consistent across the Department of Defense.
(4) Requirement to address unjustified escalation.--The head
of a Defense Agency or the Secretary of a military department
shall take appropriate action to address any unjustified
escalation in prices being paid for items procured by that
agency or military department as identified in an analysis
conducted pursuant to paragraph (1).
(b) Annual Report.--Not later than April 1 of each year, 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 analyses of price trends that were
conducted for categories of covered supplies and equipment during the
preceding fiscal year under the procedures implemented pursuant to
paragraph (1). The report shall include a description of the actions
taken to identify and address any unjustified price escalation for the
categories of items.
(c) Definitions.--In this section:
(1) Supplies and equipment.--The term ``supplies and
equipment'' means items classified as supplies and equipment
under the Federal Supply Classification System.
(2) Covered supplies and equipment.--The term ``covered
supplies and equipment'' means all supplies and equipment
purchased by the Department of Defense. The term does not
include major weapon systems but does include individual parts
and components purchased as spare or replenishment parts for
such weapon systems.
(d) Sunset Date.--This section shall not be in effect on and after
April 1, 2015.
SEC. 893. <> CONTRACTOR BUSINESS
SYSTEMS.
(a) <> Improvement Program.--Not later than 270
days after the date of the enactment of this Act, the Secretary of
Defense shall develop and initiate 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 for the approval of any contractor business
system that does not have a significant deficiency; and
(5) provide for--
(A) the disapproval of any contractor business
system that has a significant deficiency; and
[[Page 4312]]
(B) reduced reliance on, and enhanced scrutiny of,
data provided by a contractor business system that has
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) An appropriate official of the Department of Defense may
withhold up to 10 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 ensure compliance, if one or more of the
contractor business systems of the contractor has been
disapproved pursuant to subsection (b)(5) and has not
subsequently received approval.
(3) The amount of funds to be withheld under paragraph (2)
shall be reduced if a contractor adopts 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) Rule of Construction.--Nothing in this section shall be
construed to prohibit an official of the Department of Defense from
reviewing, approving, or disapproving a contractor business system
pursuant to any applicable law or regulation in force as of the date of
the enactment of this Act during the period between the date of the
enactment of this Act and the date on which the Secretary implements the
requirements of this section with respect to such system.
(f) 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,
or labor-hour contract that could be affected if the data
produced by a contractor business system has a significant
deficiency.
(4) The term ``significant deficiency'', in the case of a
contractor business system, means a shortcoming in the system
that materially affects 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.
[[Page 4313]]
(g) Defense Contract Audit Agency Legal Resources and Expertise.--
(1) Requirement.--The Secretary of Defense shall ensure
that--
(A) the Defense Contract Audit Agency has sufficient
legal resources and expertise to conduct its work in
compliance with applicable Department of Defense
policies and procedures; and
(B) such resources and expertise are provided in a
manner that is consistent with the audit independence of
the Defense Contract Audit Agency.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the steps taken to comply with the
requirements of this subsection.
SEC. 894. REVIEW AND RECOMMENDATIONS ON ELIMINATING BARRIERS TO
CONTRACTING WITH THE DEPARTMENT OF
DEFENSE.
(a) Review and Recommendations.--The Secretary of Defense, acting
through the Director of Small Business Programs in the Department of
Defense, shall review barriers to firms that are not traditional
suppliers to the Department of Defense wishing to contract with the
Department of Defense and its defense supply centers and develop a set
of recommendations on the elimination of such
barriers. <> The Director shall identify and
consult with a wide range of firms that are not traditional suppliers to
the Department of Defense for the purpose of identifying such barriers
and developing such recommendations.
(b) Definition.--For the purposes of this section, a firm is not a
traditional supplier of the Department of Defense if it does not
currently have contracts and subcontracts to perform work for the
Department of Defense with a total combined value in excess of $500,000.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
summarizing the findings and recommendations of the review conducted
pursuant to this section.
SEC. 895. INCLUSION OF THE PROVIDERS OF SERVICES AND INFORMATION
TECHNOLOGY IN THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Revised Definitions.--Section 2500 of title 10, United States
Code, is amended--
(1) in paragraph (1), by striking ``or maintenance'' and
inserting ``integration, services, or information technology'';
(2) in paragraph (4), by striking ``or production'' and
inserting ``production, integration, services, or information
technology'';
(3) in paragraph (9)(A), by striking ``and manufacturing''
and inserting ``manufacturing, integration, services, and
information technology''; and
(4) by adding at the end the following new paragraph:
``(15) The term `integration' means the process of providing
systems engineering and technical direction for a system for the
purpose of achieving capabilities that satisfy program
requirements.''.
[[Page 4314]]
(b) <> Revised Objectives.--Section 2501(a) of
such title is amended--
(1) in paragraph (1), by striking ``Supplying and
equipping'' and inserting ``Supplying, equipping, and
supporting'';
(2) in paragraph (2), by striking ``and logistics for'' and
inserting ``logistics, and other activities in support of'';
(3) in paragraph (4), by striking ``and produce'' and
inserting ``, produce, and support''; and
(4) by redesignating paragraph (6) as paragraph (8) and
inserting after paragraph (5) the following new paragraphs:
``(6) Providing for the generation of services capabilities
that are not core functions of the armed forces and that are
critical to military operations within the national technology
and industrial base.
``(7) Providing for the development, production, and
integration of information technology within the national
technology and industrial base.''.
(c) Revised Assessments.--Section 2505(b)(4) of such title is
amended by inserting after ``of this title)'' the following ``or major
automated information system programs (as defined in section 2445a of
this title)''.
(d) Revised Policy Guidance.--Section 2506(a) of such title is
amended by striking ``budget allocation, weapons'' and inserting
``strategy, management, budget allocation,''.
SEC. 896. DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR MANUFACTURING
AND INDUSTRIAL BASE POLICY; INDUSTRIAL
BASE FUND.
(a) Deputy Assistant Secretary of Defense.--Chapter 7 of title 10,
United States Code, is amended by inserting after section 139d the
following new section:
``Sec. 139e. 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) Providing input on industrial base matters to strategy
reviews, including quadrennial defense reviews conducted
pursuant to section 118 of this title.
``(2) Establishing policies of the Department of Defense for
maintenance of the defense industrial base of the United States.
``(3) Providing recommendations to the Under Secretary on
budget matters pertaining to the industrial base.
``(4) Providing recommendations to the Under Secretary on
supply chain management and supply chain vulnerability.
``(5) Providing input on industrial base matters to defense
acquisition policy guidance.
[[Page 4315]]
``(6) Establishing the national security objectives
concerning the national technology and industrial base required
under section 2501 of this title.
``(7) Executing the national defense program for analysis of
the national technology and industrial base required under
section 2503 of this title.
``(8) Performing the national technology and industrial base
periodic defense capability assessments required under section
2505 of this title.
``(9) Establishing the technology and industrial base policy
guidance required under section 2506 of this title.
``(10) Executing the authorities of the Manufacturing
Technology Program under section 2521 of this title.
``(11) Carrying out the activities of the Department of
Defense relating to the Defense Production Act Committee
established under section 722 of the Defense Production Act of
1950 (50 U.S.C. App. 2171).
``(12) Consistent with section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2062(b)), executing other
applicable authorities provided under the Defense Production Act
of 1950 (50 U.S.C. App. 2061 et seq.), including authorities
under titles I and II of such Act.
``(13) Establishing policies related to international
technology security and export control issues.
``(14) Establishing policies related to industrial
independent research and development programs under section 2372
of this title.
``(15) Such other duties as are assigned by the Under
Secretary.
``(c) Rule of Construction.--Nothing in subsection (b)(9) may be
construed to limit the authority or modify the policies of the Committee
on Foreign Investment in the United States established under section
721(k) of the Defense Production Act of 1950 (50 U.S.C. App.
2170(k)).''.
(b) Industrial Base Fund.--
(1) In general.--Chapter 148 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2508. Industrial Base Fund
``(a) Establishment.--The Secretary of Defense shall establish an
Industrial Base Fund (in this section referred to as the `Fund').
``(b) Control of Fund.--The Fund shall be under the control of the
Under Secretary of Defense for Acquisition, Technology, and Logistics,
acting through the Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy.
``(c) Amounts in Fund.--The Fund shall consist of amounts
appropriated or otherwise made available to the Fund.
``(d) Use of Fund.--Subject to subsection (e), the Fund shall be
used--
``(1) to support the monitoring and assessment of the
industrial base required by this chapter;
``(2) to address critical issues in the industrial base
relating to urgent operational needs;
``(3) to support efforts to expand the industrial base; and
``(4) to address supply chain vulnerabilities.
[[Page 4316]]
``(e) Use of Fund Subject to Appropriations.--The authority of the
Secretary of Defense to use the Fund under this section in any fiscal
year is subject to the availability of appropriations for that purpose.
``(f) <> Expenditures.--The Secretary shall
establish procedures for expending monies in the Fund in support of the
uses identified in subsection (d), including the following:
``(1) Direct obligations from the Fund.
``(2) Transfers of monies from the Fund to relevant
appropriations of the Department of Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2508. Industrial Base Fund.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Reorganization of Office of the Secretary of Defense to carry
out reduction required by law in number of Deputy Under
Secretaries of Defense.
Subtitle B--Space Activities
Sec. 911. Integrated space architectures.
Sec. 912. Limitation on use of funds for costs of terminating contracts
under the National Polar-Orbiting Operational Environmental
Satellite System Program.
Sec. 913. Limitation on use of funds for purchasing Global Positioning
System user equipment.
Sec. 914. Plan for integration of space-based nuclear detection sensors.
Sec. 915. Preservation of the solid rocket motor industrial base.
Sec. 916. Implementation plan to sustain solid rocket motor industrial
base.
Sec. 917. Review and plan on sustainment of liquid rocket propulsion
systems industrial base.
Subtitle C--Intelligence-Related Matters
Sec. 921. Five-year extension of authority for Secretary of Defense to
engage in commercial activities as security for intelligence
collection activities.
Sec. 922. Modification of attendees at proceedings of Intelligence,
Surveillance, and Reconnaissance Integration Council.
Sec. 923. Report on Department of Defense interservice management and
coordination of remotely piloted aircraft support of
intelligence, surveillance, and reconnaissance.
Sec. 924. Report on requirements fulfillment and personnel management
relating to Air Force intelligence, surveillance, and
reconnaissance provided by remotely piloted aircraft.
Subtitle D--Cyber Warfare, Cyber Security, and Related Matters
Sec. 931. Continuous monitoring of Department of Defense information
systems for cybersecurity.
Sec. 932. Strategy on computer software assurance.
Sec. 933. Strategy for acquisition and oversight of Department of
Defense cyber warfare capabilities.
Sec. 934. Report on the cyber warfare policy of the Department of
Defense.
Sec. 935. Reports on Department of Defense progress in defending the
Department and the defense industrial base from cyber events.
Subtitle E--Other Matters
Sec. 941. Two-year extension of authorities relating to temporary waiver
of reimbursement of costs of activities for nongovernmental
personnel at Department of Defense Regional Centers for
Security Studies.
Sec. 942. Additional requirements for quadrennial roles and missions
review in 2011.
[[Page 4317]]
Sec. 943. Report on organizational structure and policy guidance of the
Department of Defense regarding information operations.
Sec. 944. Report on organizational structures of the geographic
combatant command headquarters.
Subtitle A--Department of Defense Management
SEC. 901. REORGANIZATION OF OFFICE OF THE SECRETARY OF DEFENSE TO
CARRY OUT REDUCTION REQUIRED BY LAW IN
NUMBER OF DEPUTY UNDER SECRETARIES OF
DEFENSE.
(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:
[[Page 4318]]
``(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 official designated under section 1501(a)
of this title to have responsibility for Department of
Defense matters relating to missing persons as set forth
in section 1501 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 inserting before the
period at the end the following: ``, who shall be
appointed from among persons who have extensive
expertise in intelligence matters''; and
[[Page 4319]]
(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
[[Page 4320]]
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:
[[Page 4321]]
``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 139d 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
[[Page 4322]]
(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) 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, 139d (as
amended by subsection (e)), and 139e (as added by section 896 of this
Act) as sections 139a, 139b, and 139c, respectively.
(g) Repeal of Statutory Requirement for Office for Missing Personnel
in OSD.--Section 1501(a) of title 10, United States Code, is amended--
(1) by striking the subsection heading and inserting the
following: ``Responsibility for Missing Personnel.--'';
(2) in paragraph (1)--
(A) <> by striking ``establish
within the Office of the Secretary of Defense an office
to have responsibility for Department of Defense
policy'' in the first sentence and inserting ``designate
within the Office of the Secretary of Defense an
official as the Deputy Assistant Secretary of Defense
for Prisoner of War/Missing Personnel Affairs to have
responsibility for Department of Defense matters'';
(B) by striking the second sentence;
(C) by striking ``of the office'' and inserting ``of
the official designated under this paragraph'';
(D) by striking ``and'' at the end of subparagraph
(A);
(E) by redesignating subparagraph (B) as
subparagraph (C); and
(F) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) policy, control, and oversight of the program
established under section 1509 of this title, as well as the
accounting for missing persons (including locating, recovering,
and identifying missing persons or their remains after
hostilities have ceased); and'';
(3) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (5), and (6), respectively;
(4) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The official designated under paragraph (1) shall also
serve as the Director, Defense Prisoner of War/Missing Personnel
Office, as established under paragraph (6)(A), exercising
authority, direction, and control over that activity.''.
(5) in paragraph (3), as so redesignated--
[[Page 4323]]
(A) by striking ``of the office'' the first place it
appears; and
(B) by striking ``head of the office'' and inserting
``official designated under paragraph (1) and (2)'';
(6) in paragraph (4), as so redesignated--
(A) by striking ``office'' and inserting
``designated official''; and
(B) by inserting after ``evasion)'' the following:
``and for personnel accounting (including locating,
recovering, and identifying missing persons or their
remains after hostilities have ceased)'';
(7) in paragraph (5), as so redesignated, by striking
``office'' and inserting ``designated official''; and
(8) in paragraph (6), as so redesignated--
(A) in subparagraph (A)--
(i) by inserting after ``(A)'' the following:
``The Secretary of Defense shall establish an
activity to account for personnel who are missing
or whose remains have not been recovered from the
conflict in which they were lost. This activity
shall be known as the Defense Prisoner of War/
Missing Personnel Office.''; and
(ii) by striking ``office'' both places it
appears and inserting ``activity'';
(B) in subparagraph (B)(i), by striking ``to the
office'' and inserting ``activity'';
(C) in subparagraph (B)(ii)--
(i) by striking ``to the office'' and
inserting ``activity''; and
(ii) by striking ``of the office'' and
inserting ``of the activity''; and
(D) in subparagraph (C), by striking ``office'' and
inserting ``activity''.
(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 serve within
the office of the Under Secretary of Defense for Personnel and
Readiness.''; 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.--
[[Page 4324]]
(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
[[Page 4325]]
``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), 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.'';
[[Page 4326]]
(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
[[Page 4327]]
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.
[[Page 4328]]
Subtitle B--Space Activities
SEC. 911. <> INTEGRATED SPACE
ARCHITECTURES.
The Secretary of Defense and the Director of National Intelligence
shall develop an integrated process for national security space
architecture planning, development, coordination, and analysis that--
(1) encompasses defense and intelligence space plans,
programs, budgets, and organizations;
(2) provides mid-term to long-term recommendations to guide
space-related defense and intelligence acquisitions,
requirements, and investment decisions;
(3) is independent of, but coordinated with, the space
architecture planning, development, coordination, and analysis
activities of each military department and each element of the
intelligence community (as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4))); and
(4) makes use of, to the maximum extent practicable, joint
duty assignment (as defined in section 668 of title 10, United
States Code) positions.
SEC. 912. 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. 913. <> 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 military 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
[[Page 4329]]
to be capable of receiving the military code from the Global
Positioning System.
SEC. 914. 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
to integrate space-based nuclear detection sensors in a geosynchronous
orbit on the Space-Based Infrared System or other satellite platforms.
(b) Limitation on Use of Funds for the Space-Based Infrared
System.--
(1) In general.--Not more than 90 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 for
missiles for the Space-Based Infrared System.
(B) The amount authorized to be appropriated by
section 201 for research, development, test, and
evaluation for the Air Force for the Space-Based
Infrared System.
SEC. 915. PRESERVATION OF THE SOLID ROCKET MOTOR INDUSTRIAL BASE.
(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
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.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description and assessment of the effects on
Department of Defense programs that utilize solid rocket motors
of the cancellation of the Ares I, the Ares V, or their solid
rocket alternatives or derivatives, and all supporting elements.
(2) A description of the plans of the Department of Defense
to mitigate the impact of the cancellation of the Ares I, the
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.
(3) 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.
(4) A detailed description of the source of the data used in
the report.
[[Page 4330]]
(c) Appropriate Committees of Congress Defined.--In this subsection,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services, Commerce, Science, and
Transportation, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Science and
Technology, and Appropriations of the House of Representatives.
SEC. 916. 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. 917. 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 180
days after the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees the plan required by
subsection (a).
Subtitle C--Intelligence-Related Matters
SEC. 921. FIVE-YEAR EXTENSION OF AUTHORITY FOR SECRETARY OF
DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES
AS SECURITY FOR INTELLIGENCE COLLECTION
ACTIVITIES.
The second sentence of section 431(a) of title 10, United States
Code, is amended by striking ``December 31, 2010'' and inserting
``December 31, 2015''.
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
[[Page 4331]]
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
[[Page 4332]]
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 Force provides intelligence,
surveillance, and reconnaissance capabilities through
remotely piloted aircraft to meet the requirements of
the combatant commands;
(C) 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;
(D) a description of the current intelligence,
surveillance, and reconnaissance requirements of each
combatant command through remotely piloted aircraft;
(E) a description of how the requirements described
under subparagraph (D) are being met;
(F) an identification of any mission degradation or
failure within the combatant commands due to lack of
intelligence, surveillance, and reconnaissance support;
(G) a description of various means of addressing any
shortfalls in meeting the requirements described under
subparagraph (D), including temporary shortfalls and
permanent shortfalls;
(H) 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;
(I) 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
(J) 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).
[[Page 4333]]
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.
[[Page 4334]]
(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
[[Page 4335]]
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(b)(2) of title 44, United States Code.
(3) Any Department of Defense information system categorized
as Mission Assurance Category 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.
[[Page 4336]]
(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, including mechanisms to monitor and
enforce reciprocity of certification and accreditation
processes among the military departments and Defense
Agencies.
(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
[[Page 4337]]
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) Strategy Required.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, 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 and the cyber operations components of the military departments.
(b) Basic Elements.--The strategy required by subsection (a) 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,
in accordance with the information technology acquisition
process developed pursuant to section 804 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 10 U.S.C. 2225 note).
(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.
(c) Additional Elements.--The strategy required by subsection (a)
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
[[Page 4338]]
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 cyberspace, 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 military department, and of the combat
support Defense Agencies, in the development of cyber warfare
capabilities in support of offensive, defensive, and
intelligence operational requirements.
(8) Mechanisms to promote information sharing, cooperative
agreements, and collaboration with international, interagency,
academic, and industrial partners in the development of cyber
warfare capabilities.
(9) 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.
(d) Report on Strategy.--
(1) Report required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on the
strategy required by subsection (a). 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) Report Required.--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.
(b) Elements.--The report required under this section shall include
the following:
(1) A description of the policy and legal issues
investigated and evaluated by the Department in considering the
range
[[Page 4339]]
of missions and activities that the Department may choose to
conduct in cyberspace.
(2) 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.
(3) A description of the intentions of the Secretary with
regard to modifying the National Military Strategy for
Cyberspace Operations.
(4) The current use of, and potential applications of,
modeling and simulation tools to identify likely cybersecurity
vulnerabilities, as well as new protective and remediation
means, within the Department.
(5) The application of modeling and simulation technology to
develop strategies and programs to deter hostile or malicious
activity intended to compromise Department information systems.
(c) Form.--The report required under this section shall be submitted
in unclassified form, but may include a classified annex.
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 180 days after the
date of the enactment of this Act, and March 1 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) An ongoing assessment of such baseline against key cyber
defense strategies (described in subsection (c)) to determine
implementation progress.
(3)(A) 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.
(B) For any such event that has been investigated by or on
behalf of the Damage Assessment Management Office,
[[Page 4340]]
a synopsis of each damage assessment report, with emphasis on
actions needing remediation.
(4) 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.
(5) 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.
(6) 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.
(7) A description of known or suspected identified supply
chain vulnerabilities, including known or suspected supply chain
attacks, and actions to remediate such vulnerabilities.
(c) Key Cyber Defense Strategies.--For purposes of subsection
(b)(2), key cyber defense strategies include the following:
(1) Relevant valid Homeland Security Presidential Directives
and National Security Presidential Directives.
(2) The Comprehensive National Cybersecurity Initiative.
(3) The National Military Strategy for Cyberspace Operations
implementation plan.
(d) Performance of Certain Assessments.--The comparative assessment
of critical infrastructure required by subsection (b)(4)(B) shall be
performed by the Secretary of Homeland Security, in coordination with
the Secretary of Defense and the heads of other agencies of the
Government with specific responsibility for critical infrastructure.
(e) Form.--Each report under this section shall be submitted in
unclassified form, but may include a classified annex.
Subtitle E--Other Matters
SEC. 941. TWO-YEAR EXTENSION OF AUTHORITIES RELATING TO TEMPORARY
WAIVER OF REIMBURSEMENT OF COSTS OF
ACTIVITIES FOR NONGOVERNMENTAL PERSONNEL
AT DEPARTMENT OF DEFENSE REGIONAL CENTERS
FOR SECURITY STUDIES.
(a) Extension of Waiver.--Paragraph (1) of section 941(b) of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended by
striking ``fiscal years 2009 and 2010'' and inserting ``fiscal years
2009 through 2012''.
(b) Annual Report.--Paragraph (3) of such section is amended by
striking ``in 2010 and 2011'' and inserting ``in each year through
2013''.
[[Page 4341]]
SEC. 942. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL ROLES AND
MISSIONS REVIEW IN 2011.
(a) Additional Activities Considered.--As part of the quadrennial
roles and missions review conducted in 2011 pursuant to section 118b of
title 10, United States Code, the Secretary of Defense shall give
consideration to the following activities, giving particular attention
to their role in counter-terrorism operations:
(1) Information operations.
(2) Detention and interrogation.
(b) Additional Report Requirement.--In the report required by
section 118b(d) of such title for such review in 2011, the Secretary of
Defense shall--
(1) <> provide clear guidance on the
nature and extent of which core competencies are associated with
the activities listed in subsection (a); and
(2) identify the elements of the Department of Defense that
are responsible or should be responsible for providing such core
competencies.
SEC. 943. <> 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 location of the office within the Department of the
lead official responsible for information operations of the
Department, including assessments of the most effective location
and the need to designate a principal staff assistant to the
Secretary of Defense for information operations.
(3) Departmental responsibility for the development,
coordination, 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, including an assessment of
current coordination bodies and decisionmaking processes.
(6) The roles and responsibilities of the military
departments, combat support agencies, 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.
[[Page 4342]]
(8) The role in information operations of the following
Department officials:
(A) The Assistant Secretary of Defense for Public
Affairs.
(B) The Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict.
(C) The senior official responsible for information
processing and networking capabilities.
(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, including an assessment of current guidance and
policy directives pertaining to the uses of contractors for
these purposes.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, with a classified annex, if necessary.
(d) 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.
(e) 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. 944. 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.
[[Page 4343]]
(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.
Sec. 1002. Authorization of additional appropriations for operations in
Afghanistan, Iraq, and Haiti for fiscal year 2010.
Sec. 1003. Budgetary effects of this Act.
Subtitle B--Counter-Drug Activities
Sec. 1011. Unified counter-drug and counterterrorism campaign in
Colombia.
Sec. 1012. Extension and modification of joint task forces support to
law enforcement agencies conducting counter-terrorism
activities.
Sec. 1013. Reporting requirement on expenditures to support foreign
counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign
governments.
Sec. 1015. Notice to Congress on military construction projects for
facilities of the Department of Defense and foreign law
enforcement agencies for counter-drug activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Extension of authority for reimbursement of expenses for
certain Navy mess operations.
Sec. 1022. Expressing the sense of Congress regarding the naming of a
naval combat vessel after Father Vincent Capodanno.
Sec. 1023. Requirements for long-range plan for construction of naval
vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of certain authority for making rewards for
combating terrorism.
Sec. 1032. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1033. Certification requirements relating to the transfer of
individuals detained at Naval Station, Guantanamo Bay, Cuba,
to foreign countries and other foreign entities.
Sec. 1034. Prohibition on the use of funds to modify or construct
facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1035. Comprehensive review of force protection policies.
Subtitle E--Homeland Defense and Civil Support
Sec. 1041. Limitation on deactivation of existing Consequence Management
Response Forces.
Subtitle F--Studies and Reports
Sec. 1051. Interagency national security knowledge and skills.
Sec. 1052. Report on establishing a Northeast Regional Joint Training
Center.
Sec. 1053. Comptroller General report on previously requested reports.
Sec. 1054. Biennial report on nuclear triad.
Sec. 1055. Comptroller General study on common alignment of world
regions in departments and agencies with international
responsibilities.
Sec. 1056. Required reports concerning bomber modernization,
sustainment, and recapitalization efforts in support of the
national defense strategy.
Sec. 1057. Comptroller General study and recommendations regarding
security of southern land border of the United States.
Subtitle G--Miscellaneous Authorities and Limitations
Sec. 1061. Public availability of Department of Defense reports required
by law.
[[Page 4344]]
Sec. 1062. Prohibition on infringing on the individual right to lawfully
acquire, possess, own, carry, and otherwise use privately
owned firearms, ammunition, and other weapons.
Sec. 1063. Development of criteria and methodology for determining the
safety and security of nuclear weapons.
Subtitle H--Other Matters
Sec. 1071. National Defense Panel.
Sec. 1072. Sale of surplus military equipment to State and local
homeland security and emergency management agencies.
Sec. 1073. Defense research and development rapid innovation program.
Sec. 1074. Authority to make excess nonlethal supplies available for
domestic emergency assistance.
Sec. 1075. Technical and clerical amendments.
Sec. 1076. Study on optimal balance of manned and remotely piloted
aircraft.
Sec. 1077. Treatment of successor contingency operation to Operation
Iraqi Freedom.
Sec. 1078. Program to assess the utility of non-lethal weapons.
Sec. 1079. Sense of Congress on strategic nuclear force reductions.
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
$4,000,000,000.
(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. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
OPERATIONS IN AFGHANISTAN, IRAQ, AND
HAITI FOR FISCAL YEAR 2010.
In addition to the amounts otherwise authorized to be appropriated
by this division, the amounts authorized to be appropriated
[[Page 4345]]
for fiscal year 2010 in title XV of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84) are hereby increased, with
respect to any such authorized amount, as follows:
(1) The amounts provided in sections 1502 through 1507 of
such Act for the following procurement accounts are increased as
follows:
(A) For aircraft procurement, Army, by $182,170,000.
(B) For weapons and tracked combat vehicles
procurement, Army, by $3,000,000.
(C) For ammunition procurement, Army, by
$17,055,000.
(D) For other procurement, Army, by $1,997,918,000.
(E) For the Joint Improvised Explosive Device Defeat
Fund, by $400,000,000.
(F) For aircraft procurement, Navy, by $104,693,000.
(G) For other procurement, Navy, by $15,000,000.
(H) For procurement, Marine Corps, by $18,927,000.
(I) For aircraft procurement, Air Force, by
$209,766,000.
(J) For ammunition procurement, Air Force, by
$5,000,000.
(K) For other procurement, Air Force, by
$576,895,000.
(L) For the Mine Resistant Ambush Protected Vehicle
Fund, by $1,123,000,000.
(M) For defense-wide activities, by $189,276,000.
(2) The amounts provided in section 1508 of such Act for
research, development, test, and evaluation are increased as
follows:
(A) For the Army, by $61,962,000.
(B) For the Navy, by $5,360,000.
(C) For the Air Force, by $187,651,000.
(D) For defense-wide activities, by $22,138,000.
(3) The amounts provided in sections 1509, 1511, 1513, 1514,
and 1515 of such Act for operation and maintenance are increased
as follows:
(A) For the Army, by $11,700,965,000.
(B) For the Navy, by $2,428,702,000.
(C) For the Marine Corps, by $1,090,873,000.
(D) For the Air Force, by $3,845,047,000.
(E) For defense-wide activities, by $1,188,421,000.
(F) For the Army Reserve, by $67,399,000.
(G) For the Navy Reserve, by $61,842,000.
(H) For the Marine Corps Reserve, by $674,000.
(I) For the Air Force Reserve, by $95,819,000.
(J) For the Army National Guard, by $171,834,000.
(K) For the Air National Guard, by $161,281,000.
(L) For the Defense Health Program, by $33,367,000.
(M) For Drug Interdiction and Counterdrug
Activities, Defense-wide, by $94,000,000.
(N) For the Afghanistan Security Forces Fund, by
$2,604,000,000.
(O) For the Iraq Security Forces Fund, by
$1,000,000,000.
(P) For Overseas Humanitarian, Disaster, and Civic
Aid, by $255,000,000.
(Q) For Overseas Contingency Operations Transfer
Fund, by $350,000,000.
[[Page 4346]]
(R) For Working Capital Funds, by $974,967,000.
(4) The amount provided in section 1512 of such Act for
military personnel accounts is increased by $1,895,761,000.
SEC. 1003. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, as long as such statement has been submitted prior to
the vote on passage of this Act.
Subtitle B--Counter-Drug Activities
SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 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 111-84; 123 Stat. 2441), is further
amended--
(1) in subsection (a), by striking ``2010'' and inserting
``2011''; and
(2) in subsection (c), by striking ``2010'' and inserting
``2011''.
SEC. 1012. 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.--
(1) Additional condition on authority for support and
associated waiver authority.--Subsection (d) of such section is
amended--
(A) by inserting ``(1)'' before ``Any support''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) <> Support for counter-terrorism
activities provided under subsection (a) may only be provided if the
Secretary of Defense determines that the objectives of using the
counter-drug funds of any joint task force to provide such support
relate significantly to the objectives of providing support for counter-
drug activities by that joint task force or any other joint task force.
``(B) <> The Secretary of Defense may
waive the requirements of subparagraph (A) if the Secretary determines
that such a waiver is vital to the national security interests of the
United States. The Secretary <> shall promptly submit to
Congress notice in writing of any waiver issued under this subparagraph.
``(C) The Secretary of Defense may delegate any responsibility of
the Secretary under subparagraph (B) to the Deputy Secretary of Defense
or to the Under Secretary of Defense for Policy. Except as provided in
the preceding sentence, such a responsibility may not be delegated to
any official of the Department of Defense or any other official.''.
[[Page 4347]]
(2) Annual certification of compliance.--Subsection (c) of
such section <> is amended by adding at the
end the following new paragraph:
``(4) A certification by the Secretary of Defense that any
support provided under subsection (a) during such one-year
period was provided in compliance with the requirements of
subsection (d).''.
(3) Interim compliance report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report setting forth--
(A) a description of each support activity provided
by a joint task force under subsection (a) of section
1022 of the National Defense Authorization Act for
Fiscal Year 2004 (10 U.S.C. 371 note), as of the date of
the submittal of such report; and
(B) a certification as to whether or not each such
activity has been provided in compliance with the
requirements of subsection (d) of such section, as
amended by paragraph (1) of this subsection.
SEC. 1013. 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''.
SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS.
(a) 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(a) 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
``2012''.
(b) Maximum Amount of Support.--Subsection (e)(2) of such section is
amended by striking ``either of fiscal years 2009 and 2010'' and
inserting ``any of the fiscal years 2009 through 2012''.
SEC. 1015. NOTICE TO CONGRESS ON MILITARY CONSTRUCTION PROJECTS
FOR FACILITIES OF THE DEPARTMENT OF
DEFENSE AND FOREIGN LAW ENFORCEMENT
AGENCIES FOR COUNTER-DRUG ACTIVITIES.
(a) Notice to Congress.--
(1) Notice.--Section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) is
amended--
(A) in subsection (b)(4), by inserting ``for the
purpose of facilitating'' after ``within or outside the
United States or''; and
(B) in subsection (h)(2)(A)--
(i) by striking ``modification or repair'' and
inserting ``construction, modification, or
repair'';
(ii) by striking ``a Department of Defense
facility'' and inserting ``any facility''; and
[[Page 4348]]
(iii) by striking ``purpose'' and inserting
``purposes''.
(2) Construction of notice.--Subsection (h) of such section
is further <> amended by adding at the
end the following new paragraph:
``(3) This subsection may not be construed as an authorization for
the use of funds for any military construction project that would exceed
the approved cost limitations of an unspecified minor military
construction project under section 2805(a)(2) of title 10, United States
Code.''.
(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 facilities projects for which a
decision is made to be carried out on or after that date.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. 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''.
SEC. 1022. EXPRESSING THE SENSE OF CONGRESS REGARDING THE NAMING
OF A NAVAL COMBAT VESSEL AFTER FATHER
VINCENT CAPODANNO.
(a) Findings.--Congress makes the following findings:
(1) Father Vincent Capodanno was born on February 13, 1929,
in Staten Island, New York.
(2) After attending Fordham University for a year, he
entered the Maryknoll Missionary Seminary in upstate New York in
1949, and was ordained a Catholic priest in June 1957.
(3) Father Capodanno's first assignment as a missionary was
working with aboriginal Taiwanese people in the mountains of
Taiwan where he served in a parish and later in a school. After
several years, Father Capodanno returned to the United States
for leave and then was assigned to a Maryknoll school in Hong
Kong.
(4) Father Vincent Capodanno volunteered as a Navy Chaplain
and was commissioned a Lieutenant in the Chaplain Corps of the
United States Naval Reserve in December 28, 1965.
(5) Father Vincent Capodanno selflessly extended his combat
tour in Vietnam on the condition he was allowed to remain with
the infantry.
(6) On September 4, 1967, during a fierce battle in the
Thang Binh District of the Que-Son Valley in Vietnam, Father
Capodanno went among the wounded and dying, giving last rites
and caring for the injured. He was killed that day while taking
care of his Marines.
(7) On January 7, 1969, Father Vincent Capodanno was awarded
the Medal of Honor posthumously for comforting the
[[Page 4349]]
wounded and dying during the Vietnam conflict. For his dedicated
service, Father Capodanno was also awarded the Bronze Star, the
Purple Heart, the Presidential Unit Citation, the National
Defense Service Medal, the Vietnam Service Medal, the Vietnam
Gallantry Cross with Palm, and the Vietnam Campaign Medal.
(8) In his memory, the U.S.S. Capodanno was commissioned on
September 17, 1973. It is the only Naval vessel to date to have
received a Papal blessing by Pope John Paul II in Naples, Italy,
on September 4, 1981.
(9) The U.S.S. Capodanno was decommissioned on July 30,
1993.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Navy should name a combat vessel of the United States
Navy the ``U.S.S. Father Vincent Capodanno'', in honor of Father Vincent
Capodanno, a lieutenant in the Navy Chaplain Corps.
SEC. 1023. REQUIREMENTS FOR LONG-RANGE PLAN FOR CONSTRUCTION OF
NAVAL VESSELS.
(a) In General.--Section 231 of title 10, United States Code, is
amended to read as follows:
``Sec. 231. Long-range plan for construction of naval vessels
``(a) Quadrennial Naval Vessel Construction Plan.--At the same time
that the budget of the President is submitted under section 1105(a) of
title 31 during each year in which the Secretary of Defense submits a
quadrennial defense review, the Secretary of the Navy shall submit to
the congressional defense committees a long-range plan for the
construction of combatant and support vessels for the Navy that supports
the force structure recommendations of the quadrennial defense review.
``(b) Matters Included.--The plan under subsection (a) shall include
the following:
``(1) A detailed construction schedule of naval vessels for
the 10-year period beginning on the date on which the plan is
submitted, including a certification by the Secretary that the
budget for the fiscal year in which the plan is submitted and
the budget for the future-years defense program submitted under
section 221 of this title are sufficient for funding such
schedule.
``(2) A probable construction schedule for the 10-year
period beginning on the date that is 10 years after the date on
which the plan is submitted.
``(3) A notional construction schedule for the 10-year
period beginning on the date that is 20 years after the date on
which the plan is submitted.
``(4) The estimated levels of annual funding necessary to
carry out the construction schedules under paragraphs (1), (2),
and (3).
``(5) For the construction schedules under paragraphs (1)
and (2)--
``(A) a determination by the Director of Cost
Assessment and Program Evaluation of the level of
funding necessary to execute such schedules; and
``(B) an evaluation by the Director of the potential
risk associated with such schedules, including detailed
[[Page 4350]]
effects on operational plans, missions, deployment
schedules, and fulfillment of the requirements of the
combatant commanders.
``(c) Naval Composition.--In submitting the plan under subsection
(a), the Secretary shall ensure that such plan is in accordance with
section 5062(b) of this title.
``(d) Assessment When Budget Is Insufficient.--If the budget for a
fiscal year provides for funding of the construction of naval vessels at
a level that is less than the level determined necessary by the Director
of Cost Assessment and Program Evaluation under subsection (b)(5), the
Secretary of the Navy shall include with the defense budget materials
for that fiscal year an assessment that describes and discusses the
risks associated with the budget, including the risk associated with a
reduced force structure that may result from funding naval vessel
construction at such a level.
``(e) <> CBO Evaluation.--Not later than
60 days after the date on which the congressional defense committees
receive the plan under subsection (a), the Director of the Congressional
Budget Office shall submit to such committees a report assessing the
sufficiency of the estimated levels of annual funding included in such
plan with respect to the budget submitted during the year in which the
plan is submitted and the future-years defense program submitted under
section 221 of this title.
``(f) <> Changes to the Construction Plan.--In any
year in which a quadrennial defense review is not submitted and the
budget of the President submitted under section 1105(a) of title 31
decreases the number of vessels requested in the future-years defense
program submitted under section 221 of this title, the Secretary of the
Navy shall submit to the congressional defense committees a report on
such decrease including--
``(1) an addendum to the most recent quadrennial defense
review that fully explains and justifies the decrease with
respect to the national security strategy of the United States
as set forth in the most recent national security strategy
report of the President under section 108 of the National
Security Act of 1947 (50 U.S.C. 404a); and
``(2) a description of the additional reviews and analyses
considered by the Secretary after the previous quadrennial
defense review was submitted that justify the decrease.
``(g) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to a
fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that fiscal
year.
``(3) The term `quadrennial defense review' means the review
of the defense programs and policies of the United States that
is carried out every four years under section 118 of this
title.''.
(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 231 and inserting the following new item:
``231. Long-range plan for construction of naval vessels.''.
[[Page 4351]]
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS FOR
COMBATING TERRORISM.
Section 127b(c)(3)(C) of title 10, United States Code, is amended by
striking ``2010'' and inserting ``2011''.
SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA.
None <> of the funds authorized to
be appropriated by this Act for fiscal year 2011 may be used to
transfer, release, or assist in the transfer or release to or within the
United States, its territories, or possessions of Khalid Sheikh Mohammed
or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO THE TRANSFER OF
INDIVIDUALS DETAINED AT NAVAL STATION,
GUANTANAMO BAY, CUBA, TO FOREIGN
COUNTRIES AND OTHER FOREIGN ENTITIES.
(a) Limitation.--
(1) <> In general.--Except as
provided in paragraph (2), during the one-year period beginning
on the date of the enactment of this Act, the Secretary of
Defense may not use any of the amounts authorized to be
appropriated by this Act or otherwise available to the
Department of Defense to transfer any individual detained at
Guantanamo to the custody or effective control of the
individual's country of origin, any other foreign country, or
any other foreign entity unless the Secretary submits to
Congress the certification described in subsection (b) by not
later than 30 days before the transfer of the individual.
(2) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate an order affecting the disposition of
the individual that is issued by a court or competent tribunal
of the United States having lawful
jurisdiction. <> The Secretary shall
notify Congress promptly upon issuance of any such order.
(b) Certification.--The certification described in this subsection
is a written certification made by the Secretary of Defense, with the
concurrence of the Secretary of State, that the government of the
foreign country or the recognized leadership of the foreign entity to
which the individual detained at Guantanamo is to be transferred--
(1) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(2) maintains effective control over each detention facility
in which an individual is to be detained if the individual is to
be housed in a detention facility;
(3) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
[[Page 4352]]
(4) has agreed to take effective steps to ensure that the
individual cannot take action to threaten the United States, its
citizens, or its allies in the future;
(5) has taken such steps as the Secretary determines are
necessary to ensure that the individual cannot engage or re-
engage in any terrorist activity; and
(6) has agreed to share any information with the United
States that--
(A) is related to the individual or any associates
of the individual; and
(B) could affect the security of the United States,
its citizens, or its allies.
(c) Prohibition and Waiver in Cases of Prior Confirmed Recidivism.--
(1) <> Prohibition.--Except as provided
in paragraph (3), during the one-year period beginning on the
date of the enactment of this Act, the Secretary of Defense may
not use any amount authorized to be appropriated or otherwise
made available to the Department of Defense to transfer any
individual detained at Guantanamo to the custody or effective
control of the individual's country of origin, any other foreign
country, or any other foreign entity if there is a confirmed
case of any individual who was detained at United States Naval
Station, Guantanamo Bay, Cuba, at any time after September 11,
2001, who was transferred to the foreign country or entity and
subsequently engaged in any terrorist activity.
(2) <