H.R. 5136 authorizes $567 billion in budget authority for the Department of Defense (DoD) and the national security programs of the Department of Energy (DOE).  The bill also authorizes $159 billion to support overseas contingency operations during Fiscal Year 2011 and authorizes $34 billion for Fiscal Year 2010 supplemental appropriations for overseas contingency operations in Afghanistan, Iraq, and to provide humanitarian and disaster assistance to assist victims following the earthquake in Haiti.  The underlying bill does not address the DoD's "Don't Ask, Don't Tell" policy regarding homosexuals in the military.

Afghanistan:  The bill would exempt enablers, such as force protection, medical evacuation, and intelligence, surveillance, and reconnaissance (ISR) personnel from the President's authorized 30,000 troop surge.  This provision sends a clear message that life-saving assets should not be denied to U.S. troops because of a real or perceived troop cap.

Additionally, the bill modifies the Afghanistan Progress Report by requiring the Administration to define the conditions and criteria to meet U.S. goals and objectives, permit transition of lead security to Afghan forces and government, and permit redeployment.  H.R. 5136 would authorize DoD reintegration authority to integrate lower-level Taliban fighters into Afghan society, requires a report on force protection at Forward Operating Bases in Afghanistan; and the ability to use operations and maintenance funds for rapid acquisition of force protection capabilities.

Building Partnership Capacity:  The legislation would extend Building Partnership Capacity authority through 2012, and increases it from $350 million to $425 million, and allows this authority to be used to train and equip Yemeni Security Forces.  Building Partnership Capacity is the means by which DoD encourages and enables countries and organizations to work with the U.S. to achieve strategic objectives. Types of security cooperation include education and training for U.S. and foreign military and civilian personnel in Army and foreign schools, multinational and bilateral military exercises, exchanges of military and civilian personnel, and military-to-military contacts ranging from staff talks to senior officer visits.

Coalition Support Funds:  The bill would authorize use of Coalition Support Funds for Operation Enduring Freedom in Afghanistan and against al-Qaeda, al-Qaeda affiliated networks, and the Taliban.  Coalition Support Funds reimburse key allied countries for providing assistance to the U.S. in the global war on terror.

Counternarcotics:  The legislation authorizes $1.1 billion for DoD's counter-narcotics efforts and extends DoD's counternarcotics authorities for Fiscal Year 2011.

Guantanamo Detainees:  The legislation would deny funding for the building of facilities in U.S. to house Guantanamo detainees and prohibits transfers of Guantanamo detainees to third countries with confirmed cases of recidivists absent a presidential waiver.  During committee markup, Republicans successfully were able to force an investigation by the DoD Inspector General into the conduct and practices of certain lawyers for terrorist detainees held at Guantanamo Bay, Cuba.  The amendment, which was offered by Rep. Jeff Miller (R-FL), directs the Pentagon's Inspector General to identify any conduct or practice of such a lawyer that has interfered with the operations of the DoD at Guantanamo Bay, violated any applicable policy of the Department, or violated any law of the U.S. 

Domestic Uniform Fabric:  The bill would extend an exemption to the "Berry Amendment" requirement for DoD to procure textiles, clothing, and fibers from domestic sources for three years to 2021. 

 Iran:  The legislation includes a provision that would require the Administration to develop a National Military Strategic Plan to ensure Iran does not acquire nuclear weapons.  Additionally, the bill would prohibit DoD from entering into a contract with any entity that engages in commercial activity in the Iranian energy sector.

Force Protection:  The bill would authorize additional funds for the protection of U.S. troops in Iraq and Afghanistan, including $3.5 billion for measures to counter improvised explosive devices, $3.4 billion for Mine Resistant Ambush Protected (MRAP) vehicles and about $1 billion for up-armored Humvees.

Military Construction:  The bill includes $20 billion for military construction, base realignment and closure, and family housing.

National Guard:  The bill would provide $7.2 billion for new equipment for National Guard and Reserve units-$700 million more than the President's request.

Nonproliferation:  The bill authorizes the President's budget request for $2.7 billion for the Department of Energy and $522 million for the Department of Defense's nonproliferation efforts.

Pakistan:  The bill extends the availability of the Pakistan Counterinsurgency Fund within DoD, allowing the Department of State to continue to transfer funds to DoD in 2011.  This provision addresses concerns that the State Department does not currently have the culture and capability to execute such programs in kinetic environments and aligns authorities, resources, and chain of command.

Sexual Assault & Harassment:  The bill would prohibit a DoD contractor or subcontractor from requiring an employee to resolve discrimination claims solely via arbitration.

Joint Strike Fighter:  The bill would fully fund at $485 million the unrequested competitive (alternative) engine for the Joint Strike Fighter (JSF) and establishes the F-135 and F-136 engines as individual subprograms under the JSF program.  

Pay:  The bill would provide an average 1.9 percent pay increase for military personnel in Fiscal Year 2011 (.5 percent above the President's request) and provides hostile fire/imminent danger pay increase from $225 to $260 per month and a family separation allowance increase from $250 to $285 per month.

TRICARE:  The bill would extend health care coverage to dependent children up to age 26 for TRICARE Reserve Select beneficiaries and requires the Secretary of Defense to have sole responsibility for administering the military's TRICARE health care program.

Standards for Private Security Guards:  The bill would require the Secretary to establish a process by which private security contracts must adhere to specific standards such as minimum weapons qualifications as a condition for selection for federal contracts.

Security Clearances for Wounded Warriors:  The bill would allow wounded warriors to apply for expedited security clearance processing in order to facilitate the hiring of individuals who have had their military careers cut short due to a physical disability.

Multiyear F/A-18 Procurement:  The bill would make several technical changes to prior year appropriations and authorization bills (all related to multiyear contract reporting requirements) that will allow the Navy to award a multiyear procurement contract for the F/A-18 program in Fiscal Year 2010.

Ohio-Class Replacement Submarines:  Between Fiscal Year 2010 and 2011, over $1 billion has been requested for the Ohio-class replacement submarine, SSBN(X), while the Navy continues to postpone milestones.  The bill includes a Sense of Congress on the importance of sustaining a robust sea-based nuclear deterrent and fully funds SSBN(X), but also restricts obligation of a portion of funds for SSBN(X) until the Secretary submits the results of the analysis of alternatives for this platform.  

Missile Defense:  Republicans on the Armed Services Committee added a provision to the bill that holds the Administration accountable for deploying a missile defense system in Europe to protect the U.S. homeland. The amendment requires the Secretary to provide a report with detailed information on the Administration's Phased Adaptive Approach (PAA) for missile defense in Europe, including basing locations, quantities of assets, program schedules, performance, and cost.  The legislation also increases missile defense by $361.6 million above the President's budget request $9.9 billion.

 Nuclear Posture Review:  The legislation includes a message aimed at the Administration that the Congress believes the recently-released Nuclear Posture Review weakens the national security of the U.S. by eliminating options to defend against a catastrophic nuclear, biological, chemical, or conventional attack against the United States.   Additionally, the bill expresses concern that the Nuclear Posture Review places "artificial limitations" on the options for managing the nuclear weapons stockpile, specifically on replacement options. 

Nuclear Weapons Limitation:  Republicans successfully included a provision in the base bill that would limit the reduction of U.S. nuclear forces beyond the New START level until the Secretary and the administrator of the National Nuclear Security Administration (NNSA) makes certain certifications.  Specifically, the Administration must certify that the strategic environment and threat has changed, or technical measures have been implemented to improve the reliability of the remaining nuclear forces; the nuclear triad is preserved; targeting strategy does not shift to "counter-value" targeting; a sufficient technical and geopolitical hedge is retained; and any reductions are compensated by other measures to enhance deterrence. 

Strategic Communications Efforts:  In addition to budgetary increases totaling $25 million for research and development into counter-ideology programs and terrorist use of digital media, the bill would encourage DoD to expand its efforts to understand terrorist use of media, counter terrorist use of the Internet, and consider the establishment of a Center for Strategic Communications and Public Diplomacy.

Science, Technology, Engineering, and Math (STEM) Programs:  The bill includes budgetary increases for STEM-related programs such as the Air Force's Cyber Boot Camp and STEM outreach programs (approximately $4 million total).

Renewable Energy:  The bill would establish a pilot program on Collaborative Energy Security that would identify a military installation to use smart grid technology.  The bill also adds $15 million to the Environmental Security Technical Certification Program for renewable energies and encourages the application of lessons learned from the Environmental Management Information Systems (an Army pilot program).

Military Personnel:  The bill does not eliminate the so-called Widow's Tax-an offset that occurs because survivors must forfeit most or all of their Survivor Benefit Plan Annuity to receive Dependency Indemnity Compensation.  The bill also does not provide for concurrent receipt of military disability retired pay and VA disability pay which has been proposed by the President.

H.R. 5136 authorizes $567 billion in budget authority for the Department of Defense (DoD) and the national security programs of the Department of Energy (DOE).  The bill also authorizes $159 billion to support overseas contingency operations during Fiscal Year 2011 and authorizes $34 billion for Fiscal Year 2010 supplemental appropriations for overseas contingency operations in Afghanistan, Iraq, and to provide humanitarian and disaster assistance to assist victims following the earthquake in Haiti.  The underlying bill does not address the DoD's "Don't Ask, Don't Tell" policy regarding homosexuals in the military.

Afghanistan:  The bill would exempt enablers, such as force protection, medical evacuation, and intelligence, surveillance, and reconnaissance (ISR) personnel from the President's authorized 30,000 troop surge.  This provision sends a clear message that life-saving assets should not be denied to U.S. troops because of a real or perceived troop cap.

Additionally, the bill modifies the Afghanistan Progress Report by requiring the Administration to define the conditions and criteria to meet U.S. goals and objectives, permit transition of lead security to Afghan forces and government, and permit redeployment.  H.R. 5136 would authorize DoD reintegration authority to integrate lower-level Taliban fighters into Afghan society, requires a report on force protection at Forward Operating Bases in Afghanistan; and the ability to use operations and maintenance funds for rapid acquisition of force protection capabilities.

Building Partnership Capacity:  The legislation would extend Building Partnership Capacity authority through 2012, and increases it from $350 million to $425 million, and allows this authority to be used to train and equip Yemeni Security Forces.  Building Partnership Capacity is the means by which DoD encourages and enables countries and organizations to work with the U.S. to achieve strategic objectives. Types of security cooperation include education and training for U.S. and foreign military and civilian personnel in Army and foreign schools, multinational and bilateral military exercises, exchanges of military and civilian personnel, and military-to-military contacts ranging from staff talks to senior officer visits.

Coalition Support Funds:  The bill would authorize use of Coalition Support Funds for Operation Enduring Freedom in Afghanistan and against al-Qaeda, al-Qaeda affiliated networks, and the Taliban.  Coalition Support Funds reimburse key allied countries for providing assistance to the U.S. in the global war on terror.

Counternarcotics:  The legislation authorizes $1.1 billion for DoD's counter-narcotics efforts and extends DoD's counternarcotics authorities for Fiscal Year 2011.

Guantanamo Detainees:  The legislation would deny funding for the building of facilities in U.S. to house Guantanamo detainees and prohibits transfers of Guantanamo detainees to third countries with confirmed cases of recidivists absent a presidential waiver.  During committee markup, Republicans successfully were able to force an investigation by the DoD Inspector General into the conduct and practices of certain lawyers for terrorist detainees held at Guantanamo Bay, Cuba.  The amendment, which was offered by Rep. Jeff Miller (R-FL), directs the Pentagon's Inspector General to identify any conduct or practice of such a lawyer that has interfered with the operations of the DoD at Guantanamo Bay, violated any applicable policy of the Department, or violated any law of the U.S. 

Domestic Uniform Fabric:  The bill would extend an exemption to the "Berry Amendment" requirement for DoD to procure textiles, clothing, and fibers from domestic sources for three years to 2021. 

 Iran:  The legislation includes a provision that would require the Administration to develop a National Military Strategic Plan to ensure Iran does not acquire nuclear weapons.  Additionally, the bill would prohibit DoD from entering into a contract with any entity that engages in commercial activity in the Iranian energy sector.

Force Protection:  The bill would authorize additional funds for the protection of U.S. troops in Iraq and Afghanistan, including $3.5 billion for measures to counter improvised explosive devices, $3.4 billion for Mine Resistant Ambush Protected (MRAP) vehicles and about $1 billion for up-armored Humvees.

Military Construction:  The bill includes $20 billion for military construction, base realignment and closure, and family housing.

National Guard:  The bill would provide $7.2 billion for new equipment for National Guard and Reserve units-$700 million more than the President's request.

Nonproliferation:  The bill authorizes the President's budget request for $2.7 billion for the Department of Energy and $522 million for the Department of Defense's nonproliferation efforts.

Pakistan:  The bill extends the availability of the Pakistan Counterinsurgency Fund within DoD, allowing the Department of State to continue to transfer funds to DoD in 2011.  This provision addresses concerns that the State Department does not currently have the culture and capability to execute such programs in kinetic environments and aligns authorities, resources, and chain of command.

Sexual Assault & Harassment:  The bill would prohibit a DoD contractor or subcontractor from requiring an employee to resolve discrimination claims solely via arbitration.

Joint Strike Fighter:  The bill would fully fund at $485 million the unrequested competitive (alternative) engine for the Joint Strike Fighter (JSF) and establishes the F-135 and F-136 engines as individual subprograms under the JSF program.  

Pay:  The bill would provide an average 1.9 percent pay increase for military personnel in Fiscal Year 2011 (.5 percent above the President's request) and provides hostile fire/imminent danger pay increase from $225 to $260 per month and a family separation allowance increase from $250 to $285 per month.

TRICARE:  The bill would extend health care coverage to dependent children up to age 26 for TRICARE Reserve Select beneficiaries and requires the Secretary of Defense to have sole responsibility for administering the military's TRICARE health care program.

Standards for Private Security Guards:  The bill would require the Secretary to establish a process by which private security contracts must adhere to specific standards such as minimum weapons qualifications as a condition for selection for federal contracts.

Security Clearances for Wounded Warriors:  The bill would allow wounded warriors to apply for expedited security clearance processing in order to facilitate the hiring of individuals who have had their military careers cut short due to a physical disability.

Multiyear F/A-18 Procurement:  The bill would make several technical changes to prior year appropriations and authorization bills (all related to multiyear contract reporting requirements) that will allow the Navy to award a multiyear procurement contract for the F/A-18 program in Fiscal Year 2010.

Ohio-Class Replacement Submarines:  Between Fiscal Year 2010 and 2011, over $1 billion has been requested for the Ohio-class replacement submarine, SSBN(X), while the Navy continues to postpone milestones.  The bill includes a Sense of Congress on the importance of sustaining a robust sea-based nuclear deterrent and fully funds SSBN(X), but also restricts obligation of a portion of funds for SSBN(X) until the Secretary submits the results of the analysis of alternatives for this platform.  

Missile Defense:  Republicans on the Armed Services Committee added a provision to the bill that holds the Administration accountable for deploying a missile defense system in Europe to protect the U.S. homeland. The amendment requires the Secretary to provide a report with detailed information on the Administration's Phased Adaptive Approach (PAA) for missile defense in Europe, including basing locations, quantities of assets, program schedules, performance, and cost.  The legislation also increases missile defense by $361.6 million above the President's budget request $9.9 billion.

 Nuclear Posture Review:  The legislation includes a message aimed at the Administration that the Congress believes the recently-released Nuclear Posture Review weakens the national security of the U.S. by eliminating options to defend against a catastrophic nuclear, biological, chemical, or conventional attack against the United States.   Additionally, the bill expresses concern that the Nuclear Posture Review places "artificial limitations" on the options for managing the nuclear weapons stockpile, specifically on replacement options. 

Nuclear Weapons Limitation:  Republicans successfully included a provision in the base bill that would limit the reduction of U.S. nuclear forces beyond the New START level until the Secretary and the administrator of the National Nuclear Security Administration (NNSA) makes certain certifications.  Specifically, the Administration must certify that the strategic environment and threat has changed, or technical measures have been implemented to improve the reliability of the remaining nuclear forces; the nuclear triad is preserved; targeting strategy does not shift to "counter-value" targeting; a sufficient technical and geopolitical hedge is retained; and any reductions are compensated by other measures to enhance deterrence. 

Strategic Communications Efforts:  In addition to budgetary increases totaling $25 million for research and development into counter-ideology programs and terrorist use of digital media, the bill would encourage DoD to expand its efforts to understand terrorist use of media, counter terrorist use of the Internet, and consider the establishment of a Center for Strategic Communications and Public Diplomacy.

Science, Technology, Engineering, and Math (STEM) Programs:  The bill includes budgetary increases for STEM-related programs such as the Air Force's Cyber Boot Camp and STEM outreach programs (approximately $4 million total).

Renewable Energy:  The bill would establish a pilot program on Collaborative Energy Security that would identify a military installation to use smart grid technology.  The bill also adds $15 million to the Environmental Security Technical Certification Program for renewable energies and encourages the application of lessons learned from the Environmental Management Information Systems (an Army pilot program).

Military Personnel:  The bill does not eliminate the so-called Widow's Tax-an offset that occurs because survivors must forfeit most or all of their Survivor Benefit Plan Annuity to receive Dependency Indemnity Compensation.  The bill also does not provide for concurrent receipt of military disability retired pay and VA disability pay which has been proposed by the President.