National Defense Authorization Act for Fiscal Year 2010

For aircraft, $18,842,112,000.

For weapons, including missiles and torpedoes, $3,446,019,000.

For shipbuilding and conversion, $13,776,867,000.

For other procurement, $5,610,581,000.

the Under Secretary submits to Congress written certification that—

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

In general

The Secretary of the Navy may procure up to ten Littoral Combat Ships and 15 Littoral Combat Ship ship control and weapon systems by entering into a contract using competitive procedures. Such procurement may also include—

Liability

A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.

Requirement

As part of the solicitation for proposals for a procurement authorized by subsection (a), the Secretary shall require that an offeror submit a proposal that provides for conveying a complete technical data package as part of a proposal for a Littoral Combat Ship.

Rights of the United States

The Secretary shall ensure that the Government’s rights in technical data for a Littoral Combat Ship are sufficient to permit the Government to—

Limitation

Except as provided in subsection (d), and excluding amounts described in paragraph (2), beginning in fiscal year 2011, the total amount obligated or expended for the procurement of a Littoral Combat Ship awarded to a contractor selected as part of a procurement authorized by subsection (a) may not exceed $480,000,000 per vessel.

Exclusion

The amounts described in this paragraph are amounts associated with the following:

Waiver

The Secretary of the Navy may waive the limitation in subsection (c)(1) with respect to a vessel if—

Adjustment

The Secretary of the Navy may adjust the amount set forth in subsection (c)(1) for Littoral Combat Ship vessels referred to in that subsection by the following:

The current (as of the date of the report) and projected total basic construction costs, Government-furnished equipment costs, and other program costs associated with each of the Littoral Combat Ships under construction.

Written notice of any adjustment in the amount set forth in subsection (c)(1) made during the preceding fiscal year that the Secretary adjusted under the authority provided in subsection (d)(2).

A summary of investment made by the Government for cost-reduction initiatives and the projected savings or cost avoidance based on those investments.

A summary of investment made by the construction yard to improve efficiency and optimization of construction along with the projected savings or cost avoidance based on those investments.

Information, current as of the date of the report, regarding—

The term mission package means the interchangeable systems that deploy with a Littoral Combat Ship vessel.

The term technical data package means a compilation of detailed engineering plans and specifications for construction of the vessels.

The term total amount obligated or expended for procurement, with respect to a Littoral Combat Ship, means the sum of the costs of basic construction and Government-furnished equipment for the ship.

An analysis of how the homeporting plan would support the requirements of the commanders of the combatant commands, by geographic area of responsibility, for the capabilities delivered by Littoral Combat Ships, including the notional transit times to the various geographic areas of responsibility.

An assessment of the effect that each type of Littoral Combat Ship would have on each port in which such ship could be homeported, including an identification of the infrastructure required to support each such ship with respect to—

With respect to the projected force structure size of the Navy in fiscal year 2020, a graphical depiction of the total planned ships berthing in the pier areas of any naval facility chosen to homeport Littoral Combat Ships, including the identification of the ships berthing plan for the maximum number of ships expected in-port at any one time.

Components, parts, or materiel.

Production planning and other related support services that reduce the overall procurement lead time of such vessel.

An acquisition strategy for such surface combatants that has been approved by the Under Secretary of Defense for Acquisition, Technology, and Logistics.

Certification that the Joint Requirements Oversight Council—

A verification by, and conclusions of, an independent review panel that, in evaluating the program or programs concerned, the Secretary of the Navy considered each of the following:

The conclusions of a joint review by the Secretary of the Navy and the Director of the Missile Defense Agency setting forth additional requirements for investment in Aegis ballistic missile defense beyond the number of DDG–51 and CG–47 vessels planned to be equipped for this mission area in the budget of the President for fiscal year 2010 (as submitted to Congress pursuant to section 1105 of title 31, United States Code).

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall develop a plan to incorporate into surface combatants constructed after 2011, and into fleet modernization programs, the technologies developed for the DDG–1000 destroyer and the DDG–51 and CG–47 Aegis ships, including technologies and systems designed to achieve significant manpower savings.

Scope of plan

The plan required by paragraph (1) shall include sufficient detail for systems and subsystems to ensure that the plan—

The term 2009 shipbuilding plan means the 30-year shipbuilding plan submitted to Congress pursuant to section 231, title 10, United States Code, together with the budget of the President for fiscal year 2009 (as submitted to Congress pursuant to section 1105 of title 31, United States Code).

The term surface combatant means a cruiser, a destroyer, or any naval vessel, excluding Littoral Combat Ships, under a program currently designated as a future surface combatant program.

In general

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract for the procurement of F/A–18E, F/A–18F, or EA–18G aircraft.

Submission of written certification by Secretary of Defense

For purposes of paragraph (1), the term March 1 of the year in which the Secretary requests legislative authority to enter into such contract in section 2306b(i)(1) of such title shall be deemed to be a reference to March 1, 2010.

Termination date

Except as provided in paragraph (2), the authority to enter into a multiyear contract under subsection (a) shall terminate on May 1, 2010.

Extension

The Secretary of the Navy may enter into a multiyear contract under subsection (a) until September 30, 2010, if the Secretary notifies the congressional defense committees in writing—

The number of 4.5 generation fighter aircraft needed to be procured during fiscal years 2011 through 2025 to fulfill the requirement of the Air Force to maintain not less than 2,200 tactical fighter aircraft.

The estimated procurement costs for those aircraft if procured through annual procurement contracts.

The estimated procurement costs for those aircraft if procured through multiyear procurement contracts.

The estimated savings that could be derived from the procurement of those aircraft through a multiyear procurement contract, and whether the Secretary determines the amount of those savings to be substantial.

A discussion comparing the costs and benefits of obtaining those aircraft through annual procurement contracts with the costs and benefits of obtaining those aircraft through a multiyear procurement contract.

A discussion regarding the availability and feasibility of procuring F–35 aircraft to proportionally and concurrently recapitalize the Air National Guard during fiscal years 2015 through fiscal year 2025.

have advanced capabilities, including—

have the ability to deploy current and reasonably foreseeable advanced armaments.

ensure that the Secretary preserves and stores required tooling in a manner that—

with respect to the supplier base of such hardware and end items, identify the costs of restarting production; and

identify any contract modifications, additional facilities, or funding that the Secretary determines necessary to carry out the plan.

An estimate by series of the maintenance costs for the AC–130 gunships during the period described in subsection (a), including any major airframe and engine overhauls of such aircraft anticipated during that period.

A description by series of the age, serviceability, and capabilities of the armament systems of the AC–130 gunships.

An estimate by series of the costs of modernizing the armament systems of the AC–130 gunships to achieve any necessary capability improvements.

A description by series of the age and capabilities of the electronic warfare systems of the AC–130 gunships, and an estimate of the cost of upgrading such systems during that period to achieve any necessary capability improvements.

A description by series of the age of the avionics systems of the AC–130 gunships and an estimate of the cost of upgrading such systems during that period to achieve any necessary capability improvements.

An assessment of funding alternatives and options for accelerating funding for the fielding of Joint STARS aircraft with replaced engines.

An analysis of the tradeoffs involved in the decision to replace the engines of Joint STARS aircraft or not to replace those engines, including the potential cost savings from replacing those engines and the operational impacts of not replacing those engines.

An identification of the optimum path forward for replacing the engines of Joint STARS aircraft and modernizing the Joint STARS fleet.

the Air Force has modified a C–5A aircraft to the configuration referred to as the Reliability Enhancement and Reengining Program (RERP) configuration, as planned under the C–5 System Development and Demonstration program as of May 1, 2003; and

the Director of Operational Test and Evaluation of the Department of Defense—

The date that is 90 days after the date on which the Director of Operational Test and Evaluation submits the report referred to in subsection (a)(2)(B).

The date that is 90 days after the date on which the Secretary submits the report required under subsection (e).

The date that is 30 days after the date on which the Secretary certifies to the congressional defense committees that—

The rationale for the retirement of existing C–5 aircraft and a cost-benefit analysis of alternative strategic airlift force structures, including the force structure that would result from the retirement of such aircraft.

An updated assessment to the assessment of the Under Secretary for Acquisition, Technology, and Logistics certified on February 14, 2008, concerning the costs and benefits of applying the Reliability Enhancement and Re-engining Program (RERP) modification to the entire the C–5A aircraft fleet.

An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of operating a mix of C–5A aircraft and C–5M aircraft.

An assessment of the costs and benefits of increasing the number of C–5 aircraft in Back-up Aircraft Inventory (BAI) status as a hedge against future requirements of such aircraft.

An assessment of the costs, benefits, and implications of transferring C–5 aircraft to United States flag carriers operating in the Civil Reserve Air Fleet (CRAF) program or to coalition partners in lieu of the retirement of such aircraft.

Such other matters relating to the retirement of C–5 aircraft as the Secretary considers appropriate.

Future Combat Systems of Systems Engineering and Program Management.

Future Combat Systems Sustainment and Training Research and Development.

Any other program element specified by the Secretary of Defense to fund the Army tactical ground network program.

In general

The Secretary of Defense shall carry out a separate program to achieve each of the following:

Compliance with certain acquisition requirements

Each program under paragraph (1) shall comply with the requirements of the Weapons Systems Acquisition Reform Act of 2009, and the amendments made by that Act.

In general

Not later than March 31, 2010, the Secretary shall submit to the congressional defense committees a report setting forth a strategy and plan for the acquisition of weapon systems under the programs required by subsection (a). Each strategy and plan shall include measurable goals and objectives for the acquisition of such weapon systems, and shall identify all proposed major development, testing, procurement, and fielding events toward the achievement of such goals and objectives.

Elements

In developing each strategy and plan under paragraph (1), the Secretary shall consider the following:

Reports required

The Secretary shall submit to the congressional defense committees, at the same time the President submits to Congress the budget for each of fiscal years 2011 through 2015 (as submitted pursuant to section 1105(a) of title 31, United States Code), a report on the investments proposed to be made under such budget with respect to each program required by subsection (a).

Elements

Each report under paragraph (1) shall set forth, for the fiscal year covered by the budget with which such report is submitted—

Operation.

Sustainment.

Investment and modernization.

Government personnel.

Contractor personnel.

Ground Combat Vehicle.

Future Combat Systems network hardware and software.

Warfighter Information Network–Tactical, Increment 3.

Appropriate portions of the Joint Tactical Radio System, including Ground Mobile Radios, Handheld, Manpack, Small Form Fit Radios, and Network Enterprise Domain.

Non-Line of Sight Launch System.

Small Unmanned Ground Vehicle.

Class I Unmanned Aerial Vehicle.

Class IV Unmanned Aerial Vehicle.

Multifunction Utility/Logistics Equipment Vehicle.

Tactical Unattended Ground Sensors.

Urban Unattended Ground Sensors.

Any other programs jointly identified by the Director and the Secretary for purposes of this section.

In general

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an appropriate entity independent of the United States Government to conduct an independent assessment of current, anticipated, and potential research, development, test, and evaluation activities for or applicable to the modernization of the combat vehicle fleet and armored tactical wheeled vehicle fleet of the Department of Defense.

Access to information and resources

The Secretary shall provide the entity with which the Secretary enters into a contract under paragraph (1) with access to such information and resources as are appropriate for the entity to conduct the assessment required by that paragraph.

In general

The contract required by subsection (a) shall provide that the entity with which the Secretary enters into a contract under that subsection shall submit to the Secretary and the congressional defense committees—

Elements

Each of the reports required by paragraph (1) shall include the following:

In general

As part of the quadrennial defense review, the Nuclear Posture Review, and the Ballistic Missile Defense Review, the Secretary of Defense shall conduct an assessment of the following:

Elements

The assessment required by paragraph (1) shall include an assessment of the following:

Report

At or about the same time the budget of the President for fiscal year 2011 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense committees a report setting forth the results of the assessment required by paragraph (1). The report shall be in unclassified form, but may include a classified annex.

In general

In addition to the assessment required by subsection (b), the Secretary shall establish a plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense system. The plan shall cover the period of the future-years defense program that is submitted to Congress under section 221 of title 10, United States Code, at or about the same time as the submittal to Congress of the budget of the President for fiscal year 2011.

Elements

The plan required by paragraph (1) shall include the following elements:

Report

At or about the same time the budget of the President for fiscal year 2011 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense committees a report setting forth the plan required by paragraph (1). The report shall be in unclassified form, but may include a classified annex.

review the assessment required by subsection (b) and the plan required by subsection (c); and

not later than 120 days after receiving the assessment and the plan, provide to the congressional defense committees the results of the review.

completed the Ballistic Missile Defense Review;

made a determination with respect to the number of Ground-based Interceptor missiles that will be necessary to support the service life of the Ground-based Midcourse Defense element of the Ballistic Missile Defense System; and

submitted to the congressional defense committees a report containing such determination.

Limitation on decommissioning of Missile Field 1

The Secretary of Defense shall ensure that Missile Field 1 at Fort Greely, Alaska, is not completely decommissioned until six silos are operationally available in Missile Field 2 at Fort Greely.

Limitation with respect to disposition of silos at Missile Field 2

The Secretary of Defense shall ensure that no irreversible decision is made with respect to the number of silos at Missile Field 2 at Fort Greely, Alaska, until the date that is 60 days after the date on which the reports required by subsections (b)(3) and (c)(3) of section 232 are submitted to the congressional defense committees.

consistent with the direction from the North Atlantic Council to address ballistic missile threats to Europe and the United States in a prioritized manner that includes consideration of the imminence of the threat and the level of acceptable risk;

operationally-effective and cost-effective in providing protection for Europe, and the United States in the case of long-range missile threats, against current and future Iranian ballistic missile threats; and

interoperable, to the extent practical, with other components of missile defense and complementary to the missile defense strategy of the North Atlantic Treaty Organization.

In general

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center to conduct an independent assessment evaluating the operational-effectiveness and cost-effectiveness of the alternative missile defense architecture announced by the President on September 17, 2009.

Report

Not later than June 1, 2010, the Secretary shall submit to the congressional defense committees a report on the independent assessment conducted under paragraph (1).

In general

The Secretary of Defense shall establish a comprehensive plan for the developmental and operational testing and evaluation of the ballistic missile defense system and its various elements.

Period of plan

The plan shall cover the period covered by the future-years defense program that is submitted to Congress under section 221 of title 10, United States Code, at or about the same time as the submittal to Congress of the budget of the President for fiscal year 2011.

Input

In establishing the plan, the Secretary shall receive input on matters covered by the plan from the following:

Test and evaluation objectives.

Test and evaluation criteria and metrics.

Test and evaluation procedures and methodology.

Data requirements.

System and element configuration under test.

Approaches to verification, validation, and accreditation of models and simulations.

The relative role of models and simulations, ground tests, and flight tests in achieving the objectives of the plan.

Test infrastructure and resources, including test range limitations and potential range enhancements.

Test readiness review approaches and methodology.

Testing for system and element integration and interoperability.

Means for achieving operational realism and means of demonstrating operational effectiveness, suitability, and survivability.

Detailed descriptions of planned tests.

A description of the resources required to implement the plan.

In general

Not later than March 1, 2010, the Secretary shall submit to the congressional defense committees a report setting forth and describing the plan required by subsection (a) and each of the elements required in the plan under subsection (b).

Additional information on ground-based midcourse defense

The report required by this subsection shall, in addition to the matters specified in paragraph (1), include a detailed description of the test and evaluation activities pertaining to the Ground-based Midcourse Defense element of the ballistic missile defense system as follows:

Form

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

A description of the programs and activities, as of the date of the submission of the report, contained in the program of record of the Missile Defense Agency that provide or are planned to provide a capability to intercept ballistic missiles in their ascent phase.

A description of the capabilities that are needed to accomplish the intercept of ballistic missiles in their ascent phase, including—

assess the expenses incurred by the Department of Defense in the research, development, testing, evaluation, and procurement of energy storage devices;

compare quantities of types of devices in use or under development that rely on commercial energy storage technologies and that use military-unique, proprietary, or specialty devices;

assess the process by which a determination is made by an acquisition official of the Department of Defense to pursue a commercially available or custom-made energy storage device;

assess the process used to develop requirements for the development and procurement of energy storage devices;

assess the coordination of the activities of the Department of Defense and the Department of Energy with respect to the research, development, procurement, and use of energy storage devices;

assess the coordination of Department of Defense-wide activities in energy storage device research, development, procurement, and use;

assess the process used to standardize the form, fit, and function of energy storage devices, and make recommendations with respect to how the Department should improve that process; and

assess whether there are commercial advances in portable power technology, including hybrid systems, fuel cells, and electrochemical capacitors, or other relevant technologies, that could be better leveraged by the Department.

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

The progress and results of developmental and operational testing and plans for correcting deficiencies in aircraft performance, operational effectiveness, and suitability.

Aircraft procurement plans, production results, and efforts to improve manufacturing efficiency and supplier performance.

an examination of current requirements for anti-armor missile systems;

an analysis of battlefield uses other than anti-armor;

an analysis of changes required to the current Javelin and TOW systems to maximize effectiveness and lethality in situations other than anti-armor;

an analysis of the current family of Javelin and TOW warheads and a specific description of how they address threats other than armor;

an examination of the need for changes to current or development of additional warheads or a family of warheads to address threats other than armor;

a description of any missile system design changes required to integrate current missile systems with current manned ground systems;

a detailed and current analysis of the costs associated with the development of next-generation Javelin and TOW systems and additional warheads or family of warheads to address threats other than armor, integration costs for current vehicles, integration costs for future vehicles and possible efficiencies of developing and procuring these systems at low rate and full rate based on current system production; and

an analysis of the ability of the industrial base to support development and production of current and future Javelin and TOW systems.

A description of the level of investment needed to develop, sustain, and modernize the GCCS family of systems in order to meet military requirements.

A description of the actions needed to convert the GCCS family of systems to a services-oriented architecture, including a timeline and milestones.

An identification of the components, including modules and other technologies, developed under the NECC systems that can be implemented in the GCCS family of systems.

An identification of gaps in required capabilities not resident in the GCCS family of systems or provided by the NECC system.

An identification of any science and technology efforts or developing commercial capabilities that might address capability gaps identified pursuant to paragraph (4).

A description of the developmental and operational test plans for the GCCS family of systems, and resources programmed to support such plans.

A description of the GCCS family of systems management and governance plan structure, including—

Such other elements as the Secretary of Defense considers appropriate.

extending the effective range of snipers;

meeting service or unit requirements or operational need statements; or

closing documented capability gaps.

detailed ballistics and system performance data; and

an assessment of the operational capabilities of extended range modular sniper rifle systems to meet service or unit requirements or operational need statements or close documented capabilities gaps.

in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;

by inserting (1) before The Director;

by redesignating subparagraphs (B), (C), and (D), as so redesignated, as subparagraphs (C), (D), and (E), respectively; and

by inserting after subparagraph (A), as so redesignated, the following new subparagraph (B):

Long-range strike is a critical mission in which the United States needs to retain a credible and dominant capability.

Long range, penetrating strike systems provide—

The 2006 quadrennial defense review found that there was a requirement for a next generation bomber aircraft and directed the United States Air Force to develop a new land-based, penetrating long range strike capability to be fielded by 2018.

On April 6, 2009, Secretary of Defense Robert Gates announced that the United States will not pursue a development program for a follow-on Air Force bomber until we have a better understanding of the need, the requirement and the technology.

On May 7, 2009, President Barack Obama announced the termination of the next generation bomber aircraft program in the document of the Office of Management and Budget entitled Terminations, Reductions, and Savings, stating that there is no urgent need to begin an expensive development program for a new bomber and that the future bomber fleet may not be affordable over the next six years.

The United States will need a new long-range strike capability because the conflicts of the future will likely feature heavily defended airspace, due in large part to the proliferation of relatively inexpensive, but sophisticated and deadly, air defense systems.

General Michael Maples, the Director of the Defense Intelligence Agency, noted during a March 10, 2009, hearing of the Committee on Armed Services of the Senate on worldwide threats that Russia, quite frankly, is the developer of most of those [advanced air defense] systems and is exporting those systems both to China and to other countries in the world.

The Final Report of the Congressional Commission on the Strategic Posture of the United States, submitted to Congress on May 6, 2009, states that [t]he bomber force is valuable particularly for extending deterrence in time of crisis, as their deployment is visible and signals U.S. commitment. Bombers also impose a significant cost burden on potential adversaries in terms of the need to invest in advanced air defenses.

The commanders of the United States Pacific Command, the United States Strategic Command, and the United States Joint Forces Command have each testified before the Committee on Armed Services of the Senate in support of the capability that the next generation bomber aircraft would provide.

On June 17, 2009, General James Cartwright, Vice-Chairman of the Joint Chiefs of Staff and chair of the Joint Requirements Oversight Council, stated during a hearing before the Committee on Armed Services of the Senate that the nation needs a new bomber.

Nearly half of the United States bomber aircraft inventory (47 percent) pre-dates the Cuban Missile Crisis.

The only air-breathing strike platforms the United States possesses today with reach and survivability to have a chance of successfully executing missions more than 1,000 nautical miles into enemy territory from the last air-to-air refueling are 16 combat ready B-2 bomber aircraft.

The B-2 bomber aircraft was designed in the 1980s and achieved initial operational capability over a decade ago.

The crash of an operational B-2 bomber aircraft during takeoff at Guam in early 2008 indicates that attrition can and does occur even in peacetime.

The primary mission requirement of the next generation bomber aircraft is the ability to strike targets anywhere on the globe with whatever weapons the contingency requires.

The requisite aerodynamic, structural, and low-observable technologies to develop the next generation bomber aircraft already exist in fifth-generation fighter aircraft.

in subsection (b), by striking There are authorized and inserting Of the amounts authorized to be appropriated to the Department of Defense, there are authorized; and

in subsection (c), by striking There are authorized and inserting Of the amounts authorized to be appropriated to the Department of the Interior, there are authorized.

in subsection (a)—

in subsection (b), by inserting or interagency agreement after cooperative agreement; and

in subsection (c), by inserting and interagency agreements after Cooperative agreements.

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 $68,623 during fiscal year 2010 to the Former Nansemond Ordnance Depot Site Special Account, within the Hazardous Substance Superfund.

Purpose of reimbursement

The payment under paragraph (1) is final payment to reimburse the Environmental Protection Agency for all costs incurred in overseeing a time critical removal action performed by the Department of Defense under the Defense Environmental Restoration Program for ordnance and explosive safety hazards at the Former Nansemond Ordnance Depot Site, Suffolk, Virginia.

Interagency agreement

The reimbursement described in paragraph (2) is provided for in an interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Former Nansemond Ordnance Depot Site in December 1999.

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations prohibiting the disposal of covered waste in open-air burn pits during contingency operations except in circumstances in which the Secretary determines that no alternative disposal method is feasible. Such regulations shall apply to contingency operations that are ongoing as of the date of the enactment of this Act, including Operation Iraqi Freedom and Operation Enduring Freedom, and to contingency operations that begin after the date of the enactment of this Act.

Notification

In determining that no alternative disposal method is feasible for an open-air burn pit pursuant to regulations prescribed under paragraph (1), the Secretary shall—

an explanation of the situations and circumstances under which open-air burn pits are used to dispose of waste during military exercises and operations worldwide;

a detailed description of the types of waste authorized to be burned in open-air burn pits;

a plan through which the Secretary intends to develop and implement alternatives to the use of open-air burn pits;

a copy of the regulations required to be prescribed by subsection (a);

the health and environmental compliance standards the Secretary has established for military and contractor operations in Iraq and Afghanistan with regard to solid waste disposal, including an assessment of whether those standards are being met;

a description of the environmental, health, and operational impacts of open-pit burning of plastics and the feasibility of including plastics in the regulations prescribed pursuant to subsection (a); and

an assessment of the ability of existing medical surveillance programs to identify and track exposures to toxic substances that result from open-air burn pits, including recommendations for such changes to such programs as would be required to more accurately identify and track such exposures.

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

The term covered waste includes—

by striking A function and inserting No function;

by striking 10 or more; and

by striking may not be converted and inserting may be converted.

by striking a report assessing the advisability and inserting the following: “a report—

by striking pursuant to such authority. and inserting the following: “pursuant to such authority;

the status of the compliance of the Department with the requirement of 2461(a)(1) of title 10, United States Code, as amended by section 321 of this Act;

actions taken by the Secretary to address issues raised in the report of the Department of Defense Inspector General numbered D-2009-034 and dated December 15, 2008;

the reliability of systems in effect as of the date of the enactment of this Act to provide comprehensive and reliable data to track and assess the cost and quality of the performance of functions that have been subjected to a public-private competition;

the appropriateness of the cost differential in effect as of the date of the enactment of this Act for determining the quantifiable costs and the current overhead rates applied with respect to such functions; and

the adequacy of the policies of the Department of Defense in implementing the requirements of section 2461(a)(4) of title 10, United States Code.

the review required by subsection (b) has been completed, and that the 90-day period during which the assessment of the Comptroller General is to be completed under subsection (c) has expired;

the Secretary of Defense has completed and submitted to the congressional defense committees a complete inventory of contracts for services for or on behalf of the Department in compliance with the requirements of subsection (c) of section 2330a of title 10, United States Code;

the Secretary of each military department and the head of each Defense Agency responsible for activities in the inventory has initiated the review and planning activities of subsection (e) of such section; and

the Secretary of Defense has submitted budget information on contract services in compliance with the requirements of section 236 of title 10, United States Code.

by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively;

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

in subparagraph (G), as redesignated by paragraph (1), by striking , and (E) and inserting , (E), and (F).

to any protest or civil action that relates to a public-private competition conducted after the date of the enactment of this Act under Office of Management and Budget Circular A–76, or any successor circular; and

to a decision made after the date of the enactment of this Act to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76.

A plan for a comprehensive review of demand-forecasting procedures to identify and correct any systematic weaknesses in such procedures, including the development of metrics to identify bias toward over-forecasting and adjust forecasting methods accordingly.

A plan to accelerate the efforts of the Department of Defense to achieve total asset visibility, including efforts to link wholesale and retail inventory levels through multi-echelon modeling.

A plan to reduce the average level of on-order secondary inventory that is excess to requirements, including a requirement for the systemic review of such inventory for possible contract termination.

A plan for the review and validation of methods used by the military departments and the Defense Logistics Agency to establish economic retention requirements.

A plan for an independent review of methods used by the military departments and the Defense Logistics Agency to establish contingency retention requirements.

A plan to identify items stored in secondary inventory that require substantial amounts of storage space and shift such items, where practicable, to direct vendor delivery.

A plan for a comprehensive assessment of inventory items on hand that have no recurring demands, including the development of—

A plan to more aggressively pursue disposal reviews and actions on stocks identified for potential reutilization or disposal.

Assessment of plan

Not later than 60 days after the date on which the plan required by subsection (a) is submitted as specified in that subsection, the Comptroller General shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the plan meets the requirements of this section.

Assessment of implementation

Not later than 18 months after the date on which the plan required by subsection (a) is submitted, the Comptroller General shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the plan has been effectively implemented by each military department and by the Defense Logistics Agency.

is excess to the approved acquisition objective concerned; and

is not needed for the purposes of economic retention or contingency retention.

in paragraph (1), by inserting after (Public Law 109-58), the following: section 2911(e) of this title, section 533 of the National Energy Conservation Policy Act (42 U.S.C. 8259b),;

by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively;

by inserting after paragraph (1) the following new paragraphs (2) and (3):

by adding at the end the following new paragraphs:

A determination of whether the tools that exist as of the date of the enactment of this Act, including the Energy Conservation Investment Program and the Energy Savings Performance Contracts Program, are sufficient to support renewable energy projects to achieve the Department’s installation energy goals, or if new funding mechanisms would be beneficial.

A determination of the cost and feasibility of a policy that would require new power generation projects established on installations to be able to switch to provide power for military operations in the event of a commercial grid outage.

An assessment of the extent to which State and regional laws and regulations and market structures provide opportunities or obstacles to establish renewable energy projects on military installations.

A determination of the cost and feasibility of developing or acquiring equipment or systems that would result in maximized use of renewable energy sources at contingency locations.

An assessment of the feasibility of meeting the Department's renewable energy goals with on-base renewable energy production rather than with renewable energy credits.

An analysis of the percentage of new construction projects subject to the Department’s current building construction sustainable design standards (Leadership in Energy and Environmental Design standards) that include a renewable energy component, and a determination as to whether the criteria of the Department’s design standards, as in effect on the date of the enactment of this Act, are consistent with the overall goals, including renewable energy goals, of the Secretary.

The feasibility and cost of developing net-zero energy installations and a detailed assessment, by installation, of power production (including renewable energy) measured against energy consumption.

A determination of whether a dedicated funding mechanism for renewable energy projects for stand-alone facilities, including National Guard and Reserve centers, would encourage greater use of renewable energy sources both at existing facilities and in new construction.

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a plan for identifying and addressing areas in which the electricity needed to carry out critical military missions on Department of Defense installations is vulnerable to disruption.

Elements

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

An assessment of the AV-8B Integrated Maintenance Concept, including the acquisition strategy developed to conduct planned maintenance interval events.

An evaluation of the process and criteria established to determine the assignment of non-core workload.

An examination of the role of the single process owner in distribution of non-core workload, standardization of workload processes, facilitation of public-private partnering, implementation of lessons learned, and execution of contracting authority.

An evaluation of the execution of responsibilities by the single process owner to reduce planned maintenance interval turn-around time, to reduce cost, to improve material availability, and to ensure necessary logistics and engineering functions are in place to meet objective goals.

In general

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a Federally Funded Research and Development Center for the conduct of a study on the current and planned modularity structures of the Army to determine each of the following:

Factors to consider

The study required under subsection (a) shall take into consideration the following factors:

Access to information

The Secretary of Defense and the Secretary of the Army shall ensure that the Federally Funded Research and Development Center conducting the study required under subsection (a) has access to all necessary data, records, analysis, personnel, and other resources necessary to complete the study.

In general

Not later than December 31, 2010, the Secretary of Defense shall submit to the congressional defense committees a report containing—

Classified annex

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

how the authority was used;

the frequency with which the authority was used;

the Secretary’s rationale for the use of the authority; and

for which agencies the authority was used.

provide members of every military service an equivalent level of performance, functionality, and protection commensurate with their respective assigned combat missions;

minimize risk to the individual soldier, sailor, airman, or marine operating in the joint battlespace; and

provide interoperability with other components of individual war fighter systems, including body armor and other individual protective systems.

The overall performance of each uniform in various anticipated combat environments and theaters of operations.

Whether the uniform design of each uniform conforms adequately and is interoperable with currently issued personal protective gear and body armor.

Costs associated with the design, development, production, procurement, and fielding of existing service-specific ground combat and camouflage utility uniforms.

Challenges and risks associated with fielding members of the Armed Forces into combat theaters in unique or service-specific ground combat or camouflage utility uniforms, including the tactical risk to the individuals serving in individual augmentee, in-lieu of force, or joint duty assignments of use of different ground combat uniforms in a combat environment.

Implications of the use of patents and other proprietary measures that may preclude sharing of technology, advanced uniform design, camouflage techniques, and fire retardence.

Logistical requirements to field and support forces in varying combat or utility uniforms.

the top 10 maintenance issues;

non-evidence of failures; and

the projected return on investment analysis for a 10-year period.

facilitate interface with industry standard computer languages, common software systems, diagnostics tools, reference models, diagnostics reasoners, electronic libraries, and user interfaces for multiple ship and vehicle types; and

promote competition and ensure the best overall value to the Department of Defense.

Authority

For each of fiscal years 2011 and 2012, the Secretary of Defense may, as the Secretary determines necessary for the purposes specified in paragraph (2), establish the active-duty end strength for the Army at a number greater than the number otherwise authorized by law up to the number equal to the fiscal-year 2010 baseline plus 30,000.

Purpose of increases

The purposes for which increases may be made in Army active-duty end strengths under paragraph (1) are—

Fiscal-year 2010 baseline

In this subsection, the term fiscal-year 2010 baseline, means the active-duty end strength authorized for the Army in section 401(1).

Active-duty end strength

In this subsection, the term active-duty end strength means the strength for active-duty personnel of one the Armed Forces as of the last day of a fiscal year.

The Army National Guard of the United States, 358,200.

The Army Reserve, 205,000.

The Navy Reserve, 65,500.

The Marine Corps Reserve, 39,600.

The Air National Guard of the United States, 106,700.

The Air Force Reserve, 69,500.

The Coast Guard Reserve, 10,000.

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

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.

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, 2010, may not exceed the following:

Army reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2010, may not exceed 595.

Air force reserve

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2010, may not exceed 90.

The timelines, cost, force structure changes, and end strength changes associated with each option specified in the report.

The force structure and end strength changes and growth of the Army National Guard needed to support the account referred to in subsection (a).

An assessment of how the creation of such an account may affect plans under the Grow the Force initiative.

An assessment of the impact of such an account on readiness and training ratings for Army National Guard forces.

A description of the types of duties performed for the National Guard by non-dual status technicians.

A description of the current requirements of the National Guard for non-dual status technicians.

A description of various means of addressing any shortfalls in meeting such requirements, including both temporary shortfalls and permanent shortfalls.

A description of the demands of the National Guard for non-dual status technicians under the current operational tempo, and a description of the current and anticipated demands of the National Guard for non-dual status technicians as a result of the National Guard moving from a reserve force to an operational force.

An assessment whether an increase in the limit on the number of non-dual status technicians for the National Guard is advisable.

Such specific recommendations, including recommendations for legislative action, as the Secretary of Defense considers appropriate regarding future requirements and numbers of non-dual status technicians that are required to manage and support the National Guard.

An assessment of the provisions of title 10, United States Code, that exclude commissioned officers of the Armed Forces on active duty in general officer and flag officer grades from the limitations on the authorized strengths of general and flag officers, including—

A specific, comprehensive description of the legislative actions, including technical and conforming changes, necessary to conform sections 525, 526, and 528 of title 10, United States Code (and any other applicable provisions of such title), with the assessment required by paragraph (1) with a view towards increasing the transparency and comprehensiveness on the number of general and flag officers serving on active duty.

An assessment of the following:

An assessment of the following:

in paragraph (1)—

in paragraph (3)(A), by striking the number equal to 10 percent of the total number of officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps under subsection (b) and inserting 15; and

in paragraph (3)(B), by striking the number equal to 15 percent of the total number of officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps and inserting 5.

in subsection (e), by striking In determining the total number of general officers or flag officers of an armed force on active duty for purposes of this section, the following officers shall not be counted: in the matter preceding paragraph (1) and inserting The following officers shall not be counted for purposes of this section:; and

by adding at the end the following new subsection:

in paragraph (1), by striking 307 and inserting 230;

in paragraph (2), by striking 216 and inserting 160;

in paragraph (3), by striking 279 and inserting 208; and

in paragraph (4), by striking 81 and inserting 60.

in paragraph (1)—

by redesignating paragraph (2) as paragraph (5); and

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

in subsection (d), by adding at the end the following new paragraph:

by adding at the end the following new subsections:

Repeal

Section 721 of such title is repealed.

Clerical amendment

The table of sections at the beginning of chapter 41 of such title is amended by striking the item relating to section 721.

Establishment

There is hereby established an independent panel to review the judge advocate requirements of the Department of the Navy.

Composition

The panel shall be composed of five members, appointed by the Secretary of Defense from among private United States citizens who have expertise in law, military manpower policies, the missions of the Armed Forces, or the current responsibilities of judge advocates in ensuring competent legal representation and advice to commanders.

Chair

The chair of the panel shall be appointed by the Secretary from among the members of the panel appointed under paragraph (2).

Period of appointment; vacancies

Members shall be appointed for the life of the panel. Any vacancy in the panel shall be filled in the same manner as the original appointment.

Deadline for appointments

All original appointments to the panel shall be made not later than 180 days after the date of the enactment of this Act.

Meetings

The panel shall meet at the call of the chair.

First meeting

The chair shall call the first meeting of the panel not later than 60 days after the date of the appointment of all the members of the panel.

In general

The panel established under subsection (a) shall carry out a study of the policies and management and organizational practices of the Navy and Marine Corps with respect to the responsibilities, assignment, and career development of judge advocates for purposes of determining the number of judge advocates required to fulfill the legal mission of the Department of the Navy.

Review

In carrying out the study required by paragraph (1), the panel shall—

Utilization of other studies

In carrying out the study required by paragraph (1), the panel may review, and incorporate as appropriate, the findings of applicable ongoing and completed studies in future manpower requirements, including the two-part study by CNA Analysis and Solutions entitled An Analysis of Navy JAG Corps Future Manpower Requirements.

Report

Not later than 120 days after its first meeting under subsection (a)(7), the panel shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report on the study. The report shall include—

Hearings

The panel may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the panel considers appropriate to carry out its duties under this section.

Information from federal agencies

Upon request by the chair of the panel, any department or agency of the Federal Government may provide information that the panel considers necessary to carry out it duties under this section.

Pay of members

Travel expenses

The members of the panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance or services for the panel.

In general

Chapter 59 of title 10, United States Code, is amended by inserting after section 1176 the following new section:

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1176 the following new item:

the list of officials identified by the Secretaries as required to review physical examinations to determine the possible influence of post-traumatic stress disorder or traumatic brain injury on the behavior of members before their separation under other than honorable conditions;

the procedures adopted by the Secretaries to ensure that appropriate physical examinations required by the amendments are conducted;

the procedures adopted by the Secretaries to ensure that the medical reviews required by the amendments are conducted; and

the procedures adopted by the Secretaries to ensure that requests for review of discharges based on matters related to post-traumatic stress disorder or traumatic brain injury are considered in a timely manner by boards that include appropriate medical personnel, as required by the amendments.

In general

Subject to paragraph (2), the Secretary of a military department shall avoid scheduling mobilization training or pre-mobilization training for a unit of a reserve component of the Armed Forces at a temporary duty location that is outside the normal commuting distance of the unit (as determined pursuant to the regulations prescribed by the Secretary of Defense under subsection (c)) if a suspension of training at such temporary duty location of at least five days is anticipated to occur during any portion of such mobilization or pre-mobilization training.

Waiver

The Secretary of a military department may waive the applicability of the limitation in paragraph (1) to a unit of a reserve component if the Secretary determines that the waiver is in the national security interests of the United States.

Notice to Congress

Until December 31, 2014, the Secretary of the military department concerned shall submit written notice of each waiver issued under paragraph (2) to the congressional defense committees. Notice of such waiver shall be so submitted at the time of the issuance of such waiver.

by inserting (1) after (a);

by striking in the various health professions and inserting (A) in the various health professions or (B) as a health professional with specific skills to assist in providing mental health care to members of the armed forces; and

by adding at the end the following new paragraph:

by striking The number and inserting (a) Authorized number of members of the program.—The number;

by striking 6,000 and inserting 6,300; and

by adding at the end the following new subsection:

Repeal of establishment within Uniformed Services University of the Health Sciences

Section 2117 of title 10, United States Code, is repealed.

Establishment as department of defense school

Chapter 108 of such title is amended by adding at the end the following new section:

Clerical amendments

In general

Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section:

Clerical amendment

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

Pilot program required

The plan required by subsection (c) shall provide for the establishment of a pilot program to increase the number of nurses serving in the Armed Forces.

Implementation and duration

The pilot program shall begin not later than July 1, 2011, and be of not less than five years in duration.

Graduation rates

The pilot program shall achieve graduation rates at least equal to the rates required for the undergraduate nurse training program authorized by section 2016 of title 10, United States Code, as added by subsection (b).

Implementation 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 House of Representatives a report on the pilot program, including a description of the program selected to be undertaken, the program’s goals, and any additional legal authorities that may be needed to undertake the program.

Progress reports

Not later than 90 days after the end of each academic year of the pilot program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report specifying the number of nurses accessed into the Armed Forces through the program and the number of students accepted for the upcoming academic year.

Final report

Not later than one year before the end of the pilot program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report specifying the number of nurses accessed through the program, evaluating the overall effectiveness of the program, and containing the Secretary’s recommendations regarding whether the program should be extended.

Programs to provide that members of the Armed Forces or civilian employees of the Department of Defense who graduate from the institution of higher education concerned include members or employees, as the case may be, who are skilled in the languages and area studies covered by the program from beginning through advanced skill levels.

Programs of language proficiency training for such members and civilian employees at the institution of higher education concerned in critical and strategic languages tailored to meet operational readiness requirements.

Alternative language training delivery systems and modalities to meet language and regional area study requirements for such members and employees whether prior to deployment, during deployment, or post-deployment.

Programs on critical and strategic languages under the program that can be incorporated into Reserve Officers' Training Corps programs to facilitate the development of language skills in such languages among future officers of the Armed Forces.

Training and education programs to expand the pool of qualified instructors and educators on critical and strategic languages and regional area studies under the program for the Armed Forces.

Programs to facilitate and encourage the recruitment of native and heritage speakers of critical and strategic languages under the program into the Armed Forces and the civilian workforce of the Department of Defense and to support the Civilian Linguist Reserve Corps.

A description of each language training center established under the program.

An assessment of the cost-effectiveness of the program in providing foundational expertise in critical and strategic languages and regional area studies in support of the Defense Language Transformation Roadmap.

An assessment of the progress made by each language training center in providing capabilities in critical and strategic languages under the program to members of the Armed Forces and Department of Defense employees.

A recommendation whether the program should be continued and, if so, recommendations as to any modifications of the program that the Secretary considers appropriate.

Study required

The Secretary of Defense shall, in consultation with the Secretary of Education, conduct a study on options for educational opportunities that are, or may be, available for dependent children of members of the Armed Forces who do not attend Department of Defense dependents’ schools when the public elementary and secondary schools attended by such children are determined to be in need of improvement pursuant to section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)).

Options

The options to be considered under the study required by paragraph (1) may include the following:

Elements

The study required by paragraph (1) shall address the following matters:

A description of the results of the study.

Such recommendations for legislative or administrative action as the Secretary of Defense, in consultation with the Secretary of Education, considers appropriate in light of the results of the study.

an evaluation of the utilization of such assistance by such agencies; and

an assessment of the effectiveness of such assistance in improving the quality of education provided to dependent children of members of the Armed Forces.

Assistance provided under the following:

Payments made under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (114 Stat. 1654A–77; 20 U.S.C. 7703a).

Priority

A priority of the program required by section 1509 of title 10, United States Code, as amended by subsection (a), to resolve missing person cases arising before the enactment of chapter 76 of such title by section 569 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 336) shall be the return of missing persons to United States control alive.

Accounting for goal

In implementing the program, the Secretary of Defense, in coordination with the officials specified in subsection (f)(1) of section 1509 of title 10, United States Code, shall provide such funds, personnel, and resources as the Secretary considers appropriate to increase significantly the capability and capacity of the Department of Defense, the Armed Forces, and commanders of the combatant commands to account for missing persons so that, beginning with fiscal year 2015, the POW/MIA accounting community has sufficient resources to ensure that at least 200 missing persons are accounted for under the program annually.

Definitions

In this subsection:

Policy required

Not later than April 1, 2010, the Secretary of Defense shall prescribe a policy guaranteeing media access at ceremonies for the dignified transfer of remains of members of the Armed Forces who die while located or serving overseas (in this section referred to as military decedents) when approved by the primary next of kin of such military decedents.

Procedures

The policy developed under paragraph (1) shall include procedures to be followed by the military departments in conducting appropriate ceremonies for the dignified transfer of remains of military decedents. The procedures shall be uniform across the military departments except to the extent necessary to reflect the traditional practices or customs of a particular military department.

Elements

The policy developed under paragraph (1) shall include, but not be limited to, the following:

Provision of transportation required

Section 411f of title 37, United States Code, is amended—

Conforming and clerical amendments

Establishment

The Secretary of Defense shall establish an Internet website or other online resources for the purpose of providing comprehensive information to members of the Armed Forces and their families about the benefits and services described in subsection (b) that are available to members of the Armed Forces and their families.

Contact information

The online resources shall provide contact information, both telephone and e-mail, that a member of the Armed Forces or dependent of the member can use to get specific information about benefits and services that may be available for the member or dependent.

Financial compensation, including financial counseling.

Health care and life insurance programs.

Death benefits.

Entitlements and survivor benefits for dependents, including offsets in the receipt of such benefits under the Survivor Benefit Plan and in connection with the receipt of dependency and indemnity compensation.

Educational assistance benefits, including limitations on and the transferability of such assistance.

Housing assistance benefits, including counseling.

Relocation planning and preparation.

Maintaining military records.

Legal assistance.

Quality of life programs.

Family and community programs.

Employment assistance upon separation or retirement of a member or for the spouse of the member.

Reserve component service for members completing service in a regular component.

Disability benefits, including offsets in connection with the receipt of such benefits.

Benefits and services provided under laws administered by the Secretary of Veterans Affairs.

Such other benefits and services as the Secretary of Defense considers appropriate.

by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;

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

in subparagraph (E), as redesignated by paragraph (1), by striking subparagraph (B) and inserting subparagraphs (B) and (C).

by striking paragraph (1)(C) and inserting subparagraphs (C) and (D) of paragraph (1); and

by adding at the end the following new sentences: Representation on the Council required by clause (i) of paragraph (1)(C) shall rotate between the Army National Guard and Air National Guard. Representation required by clause (ii) of such paragraph shall rotate among the reserve components specified in such clause..

In general

Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1781b the following new section:

Clerical amendment

The table of sections at the beginning of subchapter I of chapter 88 of such title is amended by inserting after the item relating to section 1781b the following new item:

Repeal of superseded authority

Section 587 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 133; 10 U.S.C. 1781 note) is repealed.

Establishment authorized

The Secretary of Defense may establish a foundation for the provision of assistance to the Department of Defense in providing support to military families with special needs.

Purposes

The purposes of the foundation shall be to assist the Department of Defense as follows:

Department of Defense funding

The Secretary may provide the foundation such financial support as the Secretary considers appropriate, including the provision to the foundation of appropriated funds and non-appropriated funds available to the Department of Defense.

Annual report

The foundation shall submit to the Secretary, and to the congressional defense committees, each year a report on its activities under this subsection during the preceding year. Each report shall include, for the year covered by such report, the following:

Military family with special needs defined

In this subsection, the term military family with special needs has the meaning given such term in section 1781c(i) of title 10, United States Code (as added by subsection (a)).

Eligibility

Except as provided in paragraph (2), any person who is married to a member of the Armed Forces on active duty is eligible for selection to participate in an internship program under a reimbursement agreement entered into under subsection (a).

Exclusions

Reimbursement may not be provided with respect to the following persons:

The term authorized costs includes the costs of the salary, benefits and allowances, and training for an eligible military spouse during the first year of the participation of the military spouse in an internship program pursuant to an agreement under subsection (a).

The term internship means a professional, analytical, or administrative position in the Federal Government that operates under a developmental program leading to career advancement.

Definition of covered active duty

Definition of covered servicemember

Paragraph (15) of section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) (as redesignated by paragraph (1)(A)(ii)) is amended to read as follows:

Definitions of serious injury or illness; veteran

Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is further amended by striking paragraph (18) (as redesignated by paragraph (1)(A)(ii)) and inserting the following:

Technical amendment

Section 102(e)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) is amended by striking or parent and inserting parent, or covered servicemember.

Regulations

In prescribing regulations to carry out the amendments made by this subsection, the Secretary of Labor shall consult with the Secretary of Defense and the Secretary of Veterans Affairs, as applicable.

Exigency leave for servicemembers on covered active duty

Definition of covered servicemember

Paragraph (8) of section 6381 of title 5, United States Code, is amended to read as follows:

Definitions of serious injury or illness; veteran

Section 6381 of title 5, United States Code, is further amended—

Technical amendment

Section 6382(e)(2)(A) of title 5, United States Code, is amended by striking or parent and inserting parent, or covered servicemember.

Regulations

In prescribing regulations to carry out the amendments made by this subsection, the Office of Personnel Management shall consult with the Secretary of Defense and the Secretary of Veterans Affairs, as applicable.

New initiatives aimed at reducing the number of sexual assaults, including timelines for implementation of such initiatives.

Requirements for monitoring and reporting on progress in implementation of such initiatives and methods to measure the effectiveness of plans that implement the policies of the Department of Defense regarding sexual assaults involving members of the Armed Forces.

Training programs for judge advocates, criminal investigators, commanders, prospective commanding officers, senior enlisted members, and personnel with less than six months of active-duty service.

Information about the status of implementation, funding requirements and budgetary implications, and overall utility of data reporting systems on incidents of sexual assault involving members of the Armed Forces.

Actions taken to implement recommendations of the Defense Task Force on Sexual Assault in the Military Services established pursuant to section 576 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 4331 note).

Information about the funding needed to fully implement initiatives aimed at preventing and responding to sexual assault involving members of the Armed Forces.

Capability to conduct timely sexual assault medical forensic examinations in combat zones

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 evaluating the protocols and capabilities of the Armed Forces to conduct timely and effective sexual assault medical forensic examinations in combat zones. The report shall include, at a minimum, the following:

Tricare coverage for forensic medical examinations following sexual assaults

Not later than 30 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 describing the progress made in implementing section 1079(a)(17) of title 10, United States Code, as added by section 701 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2279).

Requirement for data collection

Information to members

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 explaining the measures being taken to ensure that, when a military protective order has been issued, the member of the Armed Forces who is protected by the order is informed, in a timely manner, of the member’s option to request transfer from the command to which the member is assigned.

Report required

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 containing a review of the capability of each of the Armed Forces to timely and effectively investigate and adjudicate allegations of sexual assault against members of the Armed Forces. The Comptroller General shall determine whether existing policies and implementation plans of the Department of Defense, and the resources devoted for this purpose, are adequate or negatively affect the ability of each of the Armed Forces to facilitate the prevention, investigation, and adjudication of such allegations under the Uniform Code of Military Justice.

Elements of report

The report required by paragraph (1) shall refer to and incorporate the recommendations of the Defense Task Force on Sexual Assault in the Military Services regarding investigation and adjudication of sexual assault, and include a review of the following:

The current availability of, and the additional need for, assistance (including general information, psychological counseling, financial assistance, leave for travel, and legal services) provided by the military departments to left-behind members of the Armed Forces involved in international intrafamilial child abductions for the purpose of obtaining the return of their abducted children and ensuring the military readiness of such members of the Armed Forces.

The measures taken by the Department of Defense and the military departments, including any written policy guidelines, to prevent the abduction of children of members of the Armed Forces.

The means by which members of the Armed Forces are educated on the risks of international intrafamilial child abduction, particularly when they first arrive at a military installation overseas or when the Armed Forces receive notice that a member is considering marriage or divorce overseas.

In general

The Secretary of Defense shall undertake a comprehensive assessment of the impacts of military deployment on the dependent children of deployed members of the Armed Forces.

Consideration of separate categories of children

In conducting the assessment under paragraph (1), the Secretary shall separately address each of the following categories of dependent children of deployed members:

Consideration of separate categories of members

In conducting the assessment under paragraph (1), the Secretary shall separately address children of deployed members in the following circumstances:

The impact that separation due to the deployment of a military parent or parents has on children.

The impact that multiple deployments of a military parent or parents have on children.

The impact that the return from deployment of a severely wounded or injured military parent or parents has on children.

The impact that the death of a military parent or parents in connection with a deployment has on children.

The impact that deployment of a military parent or parents has on children with preexisting psychological conditions, such as anxiety and depression.

The impact that deployment of a military parent or parents has on risk factors, such as child abuse, child neglect, family violence, substance abuse by children, or parental substance abuse.

Such other matters as the Secretary considers appropriate.

A statement of the total number of cases, by Armed Force, in which members of the Armed Forces have lost custody of a child as a result of deployment, or the prospect of deployment, under military orders.

A summary of applicable Federal law pertaining to child custody disputes involving members of the Armed Forces.

An analysis of the litigation history of all available reported cases involving child custody disputes in which the deployment of a member of the Armed Forces was an issue in the dispute, and a discussion of the rationale presented by deciding judges and courts of the reasons for their rulings.

An assessment of the nature and extent of the problem, if any, for members of the Armed Forces who are custodial parents in being able to deploy and perform their operational mission while continuing to fulfill their role as parents with sole or joint custody of minor children.

A discussion of measures being taken by the States, or which are under consideration by State legislatures, to address matters relating to child custody disputes in which one of the parties is a member of the Armed Forces, and an assessment of whether State legislatures and State courts are cognizant of issues involving members of the Armed Forces with minor children.

A discussion of Family Care Plan policies aimed at ensuring that appropriate measures are taken by members of the Armed Forces to avoid litigation in child custody disputes.

Such recommendations as the Secretary considers appropriate regarding how best to assist members of the Armed Forces who are single, custodial parents with respect to child custody disputes in connection with the performance of military duties, including the need for legislative or administrative action to provide such assistance.

Such other recommendations for legislative or administrative action as the Secretary considers appropriate.

The types of financial assistance for child care made available by the Department of Defense to members of the Armed Forces (including members of the reserve components of the Armed Forces who are deployed in connection with a contingency operation).

The extent to which such members have taken advantage of such assistance since such assistance was first made available.

The formulas used for calculating the amount of such assistance provided to such members.

The funding allocated to such assistance.

The remaining costs of child care to families of such members that are not covered by the Department of Defense.

Any barriers to access to such assistance faced by such members and the families of such members.

The different criteria used by different States with respect to the regulation of child care services and the potential impact differences in such criteria may have on the access of such members to such assistance.

The different standards and criteria used by different programs of the Department of Defense for providing such assistance with respect to child care providers and the potential impact differences in such standards and criteria may have on the access of such members to such assistance.

The number of qualified families that do not receive any financial assistance for child care made available by the Department of Defense.

Any other matters the Comptroller General determines relevant to the improvement of financial assistance to expand access for child care made available by the Department of Defense to members of the Armed Forces (including members of the reserve components of the Armed Forces who are deployed in connection with a contingency operation).

in subsection (a)—